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FOREIGN NATIONALS: Mexican Foreign Minister Appeals to Texas Officials about Upcoming Execution

Mexican foreign minister José Antonio Meade Kuribreña recently sent letters to Texas Governor Rick Perry and the Texas Board of Pardons and Paroles requesting that the execution of Edgar Arias Tamayo, a Mexican citizen, be postponed or commuted. Tamayo is currently on death row in Texas and is scheduled for execution for on January 22, 2014. In 2004, the International Court of Justice ordered the U.S. to review the convictions of Tamayo and 50 other Mexican citizens who had been sentenced to death without being notified of their rights under the Vienna Convention. No U.S. court has examined the consular issues in Tamayo's case. Earlier this month, Secretary of State John Kerry wrote a letter to Texas officials urging to review Tamayo’s case, and warning that Tamayo's execution could damage U.S.-Mexican relations and hinder the ability of U.S. officials to help American citizens detained abroad.


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Secretary of State John Kerry Urges Texas to Reconsider Death Sentence of Mexican Citizen

In a letter to Texas officials, U.S. Secretary of State John Kerry urged a review of the conviction of Edgar Arias Tamayo, a Mexican citizen scheduled to be executed in January 2014. Tamayo was not notified of his right to contact the Mexican Consulate, a violation of the Vienna Convention on Consular Relations, a treaty that the U.S. has signed and ratified. In 2004, the International Court of Justice ordered the U.S. to review the convictions of Tamayo and 50 other Mexican citizens who had been sentenced to death without being notified of their rights under the Vienna Convention. No U.S. court has examined the consular issues in Tamayo's case. Kerry's letter warned that executing Tamayo could damage U.S.-Mexican relations and hinder the ability of U.S. officials to help American citizens detained abroad. “Our consular visits help ensure U.S. citizens detained overseas have access to food and appropriate medical care, if needed, as well as access to legal representation,” he said. Eduardo Medina Mora, the Mexican Ambassador to the United States, said, “[T]his issue has become and could continue to be a significant irritant in the relations between our two countries.”


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POSSIBLE INNOCENCE: DNA Results Indicate Death Row Inmate May Be Innocent

Lawyers for Clemente Javier Aguirre recently presented the results of DNA testing to a Florida court, casting serious doubt on his guilt.  Aguirre was sentenced to death for the murder of two women in 2006. Although the DNA evidence was available at the time of his trial, Aguirre's trial lawyer never requested testing of the crime-scene evidence. Aguirre's current lawyers said that DNA results from dozens of items did not reveal Aguirre’s blood at the crime scene. Instead, the tests found blood belonging to the daughter of one of the victims, a woman with a history of mental illnessm who may be responsible for the killings. Nina Morrison, a lawyer at the Innocence Project who is assisting with Aguirre’s case said, “It’s the rare case in which you have DNA in multiple places at the scene of a homicide showing the blood of someone other than a convicted person.”


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FOREIGN NATIONALS: Information About Foreign Citizens on U.S. Death Rows

New information on foreign nationals facing the death penalty in the U.S. is now available through Mark Warren of Human Rights Research. This DPIC page includes information on 143 foreign citizens from 37 countries on state and federal death rows. California has the most (59 inmates), followed by Texas (24), and Florida (23). Many of these inmates were not informed of their right to contact their country's represenatives under the Vienna Convention on Consular Relations, a treaty the U.S. has ratified and relies upon to protect its citizens when they travel abroad. Thirty-one (31) foreign nationals have been executed in the U.S. since 1976, many of whom were not properly informed of their rights under this treaty. Among countries, Mexico has the largest number (60) of its citizens on death row in the U.S. 


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