Avena and Other Mexican Nationals

Abstract

The International Court of Justice in 2004 decided the third of three cases filed in recent years against the United States by governments whose nationals had been convicted of murder in the United States and who had been sentenced to death and were awaiting execution. The foreign governments have challenged the convictions and executions for a failure by local police to inform their nationals, at the time of arrest, of their right to contact their consulate for assistance in the criminal process. That right is provided by the Vienna Convention on Consular Relations. In this case Mexico sued on behalf of 52 Mexican nationals who await execution in various states of the United States. Avena and Other Mexican Nationals (Mexico v. U.S.A.). The court ruled that when a national has been convicted and sentenced without having been informed about consular access, the host state must provide a judicial remedy wherein the conviction and sentence are reviewed in light of the violation.

Keywords: Vienna Convention on Consular Relations, consul, foreign nationals, detention

JEL Classification: K14, K33, K42