QUESTIONS & ANSWERS ABOUT MEDELLIN v. DRETKE

QUESTIONS & ANSWERS ABOUT MEDELLIN v. DRETKE
[To be argued before the Supreme Court on March 28, 2005]

Who is Medellin?

Jose Ernesto Medellin is an inmate on Texasí death row. At the time of his arrest for murder, he was a Mexican citizen and hence protected under the Vienna Convention on Consular Relations (VCCR).

Medellin told police that he was a Mexican citizen at the time of his arrest, but he was not informed of his rights to contact the Mexican consulate. A court-appointed attorney (with a suspended law license) represented him at trial. Mexican consular authorities were first notified of Medellin's detention when he wrote to them from death row after the conclusion of his direct appeal. The Mexican consular authorities immediately began aiding in Medellin's defense.

Who is Dretke?

Doug Dretke is the public official charged with the duty of detaining Medellin on Texasí death row. Medellin is petitioning the Supreme Court to ensure that the appropriate courts review his sentence and conviction. For this reason, Dretke is named as the Respondent in the Medellin litigation, according to habeas corpus procedure.

What is the Vienna Convention on Consular Relations?

The Vienna Convention on Consular Relations (VCCR) is a U.N. treaty ratified by 166 countries establishing the duties and privileges of consulates worldwide. Article 36 of the 1963 VCCR enables consular officials to protect their citizens who are detained in foreign countries. The United States and Mexico are parties to this treaty. The VCCR applies to Americans abroad and to foreigners arrested in the United States. Under the treaty, authorities who detain a foreign national must notify that person of his right to request assistance from the consulate of his own country, and, if requested by the person, tell the consulate that one of their nationals has been detained.

What is the International Court of Justice?

The International Court of Justice at the Hague (ICJ) is the United Nations' highest tribunal ñ also known as the World Court.

What is the Optional Protocol to the Vienna Convention on Consular Relations?

The Optional Protocol Concerning the Compulsory Settlement of Disputes (ìOptional Protocolî) gives the ICJ responsibility for settling disputes over the interpretation or application of the Convention.

The U.S. proposed this binding dispute provision. By ratifying the Optional Protocol, the U.S. agreed to settle disputes regarding the interpretation and application of the Vienna Convention in the ICJ.

The U.S. was the first country to invoke the protocol, successfully suing Iran in the ICJ for the taking of 52 U.S. hostages in Tehran in 1979.

-More Q & A on Medellin