PENA MORTE: USA, MESSICANO TORRES GRAZIATO DA
GOVERNATORE
E' UNO DEI 51 MESSICANI DI CUI SI OCCUPA CORTE
DELL'AJA
WASHINGTON, 14 MAG - Il governatore
dell'Oklahoma, Brad Henry, ha graziato un cittadino messicano
di 29 anni, condannato a morte per due omicidi nel 1993.
Henry ha preso la decisione di commutare la pena
capitale in ergastolo senza possibilita' di scarcerazione
anticipata poche ore dopo una sentenza della corte d'appello
dell'Oklahoma, che aveva rinviato a tempo indeterminato
l'esecuzione fissata per il 18 maggio.
Il Governatore e la Corte hanno quindi accolto
la richiesta dei legali di Osbaldo Torres, condannato a morte
per un duplice omicidio, secondo cui lo stato dell'Oklahoma
aveva violato la Convenzione di Vienna sul trattamento dei
prigionieri impedendo al messicano di mettersi in contatto con il suo
consolato dopo l'arresto.
Una richiesta appoggiata anche dal presidente
messicano Vicente Fox oltreche' dal Pardon and Parole
Board locale, l'organo consultivo che si pronuncia sulla
condanne.
Fox era intervenuto nei giorni scorsi nella
vicenda chiedendo al governatore un atto di clemenza. Secondo il
presidente messicano, la condanna a morte era
ingiustificata in quanto Torres non sarebbe stato l'autore materiale del
duplice omicidio.
Torres e' uno dei 51 cittadini messicani in
attesa di esecuzione negli Usa al centro di una recente
sentenza della corte internazionale dell'Aja, secondo cui gli
Usa hanno commesso violazioni dei diritti della difesa non
informando gli imputati del diritto di chiedere assistenza
legale alle autorita' consolari del loro paese.
OKLAHOMA:
Henry grants clemency
Gov. Brad Henry commuted the death sentence
Thursday of a convicted murderer from Mexico to life without parole,
ending a monthlong battle by the 29-year-old to avoid lethal
injection.
Henry's decision came after the Oklahoma Court of
Criminal Appeals voted 3-2 to give Osbaldo Torres' an indefinite
stay of execution and grant his request for a lower court hearing on
the state's failure to inform him of his right to contact the
Mexican consulate after his arrest.
At issue was whether the outcome of the case would
have been different if he had made this contact.
"My heart goes out to the family of Mr.
Morales and Ms. Yanez. This was a difficult decision, but I believe
clemency is warranted by a number of issues involved in this
case," Henry said in a statement.
Torres is one of 51 Mexicans on death row
nationwide cited in a March 31 ruling by the International Court of
Justice in The Hague, Netherlands. The world court found the
inmates' rights were violated because they were not told they could
receive help from their governments as guaranteed by the 1963 Vienna
Convention.
The decision makes the state criminal appeals
court ruling moot.
The appeals court judges had ordered a hearing in
Oklahoma County District Court within 60 days to examine the issue
of ineffective counsel in Torres' case.
"I have concluded that there is a possibility
a significant miscarriage of justice occurred," Judge Charles
Chapel wrote in the majority opinion.
In a dissenting opinion, Judge Gary Lumpkin argued
that Torres had been represented by competent lawyers at each stage
of his proceedings and had been afforded all the rights guaranteed
to citizens of the United States.
Mexican officials urged the state not to execute
Torres, who was scheduled to die Tuesday. The European Union had
also asked that the execution be stayed.
Henry said he made his decision after hearing
arguments from the state Attorney General's office, Torres'
appellate defense attorneys and the victims' relatives.
"It is important to remember that the actual
shooter in this horrific murders was also sentenced to death and
faces execution," Henry said in his statement. "Osbaldo
Torres will spend the rest of his life behind bars for his role in
this deplorable crime."
Torres and a 2nd man were convicted in 1996 for
the death of Morales and Yanez, who were shot as they lay in bed in
their home.
The state has acknowledged that Torres' rights
under the Vienna Convention were violated.
But Charlie Price, a spokesman for Oklahoma
Attorney General Drew Edmondson, said the outcome of Torres' trial
was not affected by this violation.
"We have argued that had Mexico been notified,
there would have been no difference in the outcome of the trial,
that he still would have been convicted and sentenced," Price
said.
Oklahoma City defense attorney Mark Henricksen,
who has handled Torres' appeals, said the violation was significant.
"Mexico has a demonstrated history, when they
receive pre-trial notification, to help investigate cases, fund
experts and help in investigations wherever can," Henricksen
said.
Mexican Ambassador Carlos de Icaza told the pardon
and parole board at the clemency hearing that besides Torres' rights
being violated, evidence in the case failed to show he committed the
murders.
A group of 10 former diplomats, professors and law
school faculty have filed legal briefs in support of Torres' appeal.
Arizona, Arkansas, California, Nevada, Ohio,
Oregon and Texas also have Mexicans on death row who fall under the
world court ruling.
Mexican spared US death penalty
Governor Brad Henry's decision came hours after a
court halted Osvaldo Torres's execution set for next week.
The appeals court said the US may have violated
his rights under international law by not granting him access to the
Mexican consulate after his arrest.
Mexican President Vicente Fox and officials from
around the world had all called for Torres to be spared.
At issue is whether consular aid would have
affected the outcome of Torres' trial.
President Fox sent a letter to Governor Henry this
week, urging him to commute the death sentence.
The European Union had also asked that the
execution be stayed.
Governor Henry said he made his decision after
hearing arguments from the state Attorney General's office, Torres'
lawyers and the victims' relatives.
"Osvaldo Torres will spend the rest of his
life behind bars for his role in this deplorable crime," he
said in a statement.
'Unfair trials'
In March, the International Court of Justice at
The Hague ruled that the US violated the rights of 51 Mexicans on
death row in American prisons.
The court found that the prisoners did not receive
a fair trial because they were not told of their rights to consular
assistance.
Mexican lawyers argued that consular help could
have made the difference between life and death.
The Torres case was one specifically mentioned by
the court.
The 1963 Vienna Convention, which both countries
have signed, required the men to be informed of their rights to
consular aid.
Torres, 29, was convicted of murdering two people
in Oklahoma during a burglary in 1993 and was due to be executed on
Tuesday.
Oklahoma Governor Grants Clemency to
Mexican Foreign National
Just days before the scheduled
execution of Osvaldo Torres, a Mexican foreign national on
Oklahoma�s death row, Governor Brad Henry granted a
request for clemency in part because of a recent
International Court of Justice decision ordering the United
States to review the cases of 51 Mexican foreign nationals
on death row because they were denied their right to seek
consular assistance following their arrest. Henry�s
announcement came just hours after the Oklahoma Court of
Criminal Appeals decided to stay Torres� execution and
order a new hearing in his case. Last week, the Oklahoma
Board of Pardon and Parole recommended clemency for Torres.
Although Henry has denied three similar recommendations from
the Board since taking office, his decision to commute
Torres� sentence to life in prison without parole marks
the first time that the Governor has granted clemency to an
individual on death row. In
his statement, Henry said the International Court of Justice
ruling is binding on U.S. courts, and that the U.S. State
Department had contacted his office to urge that he give
careful consideration to the fact that the U.S. signed the
1963 Vienna Convention on Consular Relations, which ensures
access to consular assistance for foreign nationals who are
arrested. �The treaty is also important to protecting the
rights of American citizens abroad,� Henry noted. In
an opinion concurring with the Court of Criminal Appeals
majority decision to hear Torres� claims that he was
denied his access to consular assistance and that he was
represented by ineffective counsel during trial, Judge
Charles Chapel wrote, �I have concluded that there is a
possibility a significant miscarriage of justice occurred,
as shown by Torres� claims, specifically that the
violation of his Vienna Convention rights contributed to
trial counsel�s ineffectiveness, that the jury did not
hear significant evidence, and the results of the trial is
unreliable.� (The Oklahoman, May 14, 2004) In addition to
those on death row in Oklahoma, Mexican foreign nationals
that could be affected by the ICJ�s ruling are on death
rows in Arizona, Arkansas, California, Nevada, Ohio, Oregon,
and Texas. None of these remaining foreign nationals are
currently scheduled for execution.
Execution of Mexican Is Halted
In the 1st case to put in effect a sweeping ruling
by an international court in the Netherlands concerning Mexicans on
death row here, an Oklahoma appeals court yesterday halted the
execution of one of those inmates, Osbaldo Torres. He had been
scheduled to be executed on Tuesday.
Hours later, Gov. Brad Henry commuted Mr. Torres's
death sentence to life without parole.
The court and the governor cited the decision 6
weeks ago of the International Court of Justice in The Hague and
noted that Mr. Torres's right to contact Mexican officials under the
Vienna Convention on Consular Relations had been violated.
The international court ruled in April that 51
Mexicans on death row in the United States must be given fresh
opportunities to argue that they were harmed by such violations.
The Oklahoma Court of Criminal Appeals, the state's
highest court for criminal matters, yesterday ordered just that,
holding that Mr. Torres was entitled to a new hearing.
The commutation will apparently have no effect on
the hearing, as Mr. Torres remains free to argue that he is not
guilty or that he deserves a lighter sentence than life without
parole. And legal experts said the appeals court's decision would
remain an important precedent in any event.
The main ruling in yesterday's 3-to-2 decision was
terse. But the state court could not have ruled as it did but for
the decision of the international court, according to the opinions
of a concurring judge and the 2 dissenters.
Judge Charles S. Chapel, in a 12-page concurrence,
said his court was obligated to comply with the international court's
decision, given the United States' treaty obligations. Judge Chapel
also suggested that Mr. Torres's trial might have come out
differently had the Mexican government been informed of his arrest.
He noted that Mexico helps its citizens obtain qualified capital
counsel, investigators, translators, expert witnesses and evidence.
A dissenting judge, Gary L. Lumpkin, said the
international court's decision was not binding in Oklahoma. Judge
Lumpkin discounted the argument that Mexico "would have hired
more expensive, experienced lawyers and provided more experts."
That was commendable, he wrote, but it was "not
the legal standard."
Mexican officials, who had submitted a brief on
Mr. Torres's behalf in Oklahoma and urged Mr. Henry, a Democrat, to
commute the sentence, said they were pleased.
Donald F. Donovan, a New York lawyer who
represented Mexico in The Hague, said: "The court has
recognized that it needs to comply with the ruling of the
International Court of Justice because the United States agreed to
comply with it. It is an absolutely correct but landmark decision."
Mexico's Fox Claims Victory in U.S. Death Row Case
Mexican President Vicente Fox claimed victory
Friday in his campaign against the U.S. death penalty after
Oklahoma's governor spared a Mexican death row prisoner, and called
on other U.S. states to follow suit.
Oklahoma Gov. Brad Henry commuted the death
sentence of Mexican Osvaldo Torres Thursday, saying there were
violations of international law in the case.
Torres, 29, whose cause was taken up around the
world, was scheduled to be executed Tuesday for his role in the 1993
murder of an Oklahoma couple.
"We are pleased that this occurred and now we
can take care of the cases of other Mexicans in the same situation,"
Fox told reporters in Poland as he ended a European tour. "It
looks like it sets a precedent in the right direction."
Fox won World Court backing in his stand against
the U.S. death penalty.
In March, the U.N. International Court of Justice
at The Hague, Netherlands, ordered the United States to review the
cases of 51 Mexican nationals on death row, including Torres,
because it had not informed them of their right to talk to consular
officers shortly after their arrests.
Oklahoma defied that decision in setting an
execution date. But hours before Henry's decision, an Oklahoma
criminal appeals court granted an indefinite stay in order to hold a
hearing on the question of whether the state had violated Torres'
rights.
This week, Fox asked Henry in a letter to suspend
the execution for 30 days so Mexico could present its legal case.
Texas, home to President Bush and the state with
the largest number of executions, also snubbed the World Court,
rejecting its order to review its cases.
Sixteen of the Mexican nationals on death row are
in Texas. Fox has pressed the White House to comply with the World
Court ruling. In 2002, Fox angrily canceled a planned meeting with
Bush in Texas after the state executed a Mexican prisoner.
FOX SODDISFATTO PER CLEMENZA A MESSICANO IN USA
CITTA' DEL MESSICO, 14 MAG - Il
presidente messicano Vicente Fox si e' detto ''molto contento'' per
la decisione del governatore dell'Oklahoma di commutare in
ergastolo la pena di morte inflitta al cittadino messicano Osvaldo
Torres, che sarebbe dovuto essere giustiziato la prossima
settimana in un penitenziario dello stato Usa.
Parlando da Varsavia, dove si trova in visita
ufficiale, Fox ha detto che la decisione del governatore
dell'Oklahoma, Brad Henry, ''costituisce un precedente importante
per i diritti umani di tutti i messicani nei bracci della
morte statunitensi''.
Anche il ministero degli Esteri messicano, che
al pari di Fox aveva interceduto presso il governatore Henry in
favore di Torres, ha espresso ''grande
soddisfazione''.
Il governatore ha commutato la condanna di
Torres dalla pena di morte al carcere a vita facendo specifico
riferimento alle violazioni dei diritti processuali
dell'imputato. La Corte internazionale di giustizia dell'Aja ha ordinato
il 31 marzo scorso agli Stati Uniti di rivedere i processi
di 51 messicani condannati a morte negli Usa senza che fossero
informati del loro diritto ad avere assistenza consolare al
processo.
Torres era stato condannato a morte per
l'omicidio di una coppia avvenuto nel 1994 in Oklahoma, ma si e'
sempre dichiarato innocente.
Mexico's Fox Claims Victory in U.S. Death
Row Case
MEXICO CITY
(Reuters) - Mexican
President Vicente Fox claimed victory Friday in his campaign against
the U.S. death penalty after Oklahoma's governor spared a
Mexican death row prisoner, and called on other U.S. states
to follow suit.
Oklahoma
Gov. Brad Henry commuted the
death sentence of Mexican Osvaldo Torres Thursday, saying
there were violations of international law in the case.
Torres, 29, whose cause was taken up
around the world, was scheduled to be executed Tuesday for
his role in the 1993 murder of an Oklahoma couple.
"We are pleased that this occurred
and now we can take care of the cases of other Mexicans in
the same situation," Fox told reporters in Poland as he
ended a European tour. "It looks like it sets a
precedent in the right direction."
Fox won World Court backing in his stand
against the U.S. death penalty.
In
March, the U.N. International Court of
Justice at The Hague , Netherlands, ordered the
United States to review the cases of 51 Mexican nationals on
death row, including Torres, because it had not informed
them of their right to talk to consular officers shortly
after their arrests.
Oklahoma defied that decision in setting
an execution date. But hours before Henry's decision, an
Oklahoma criminal appeals court granted an indefinite stay
in order to hold a hearing on the question of whether the
state had violated Torres' rights.
This
week, Fox asked Henry in a letter to
suspend the execution for 30 days so Mexico could present
its legal case.
Texas, home to President Bush
and the state with the
largest number of executions, also snubbed the World Court,
rejecting its order to review its cases.
Sixteen of the Mexican nationals on death
row are in Texas. Fox has pressed the White House to comply
with the World Court ruling. In 2002, Fox angrily canceled a
planned meeting with Bush in Texas after the state executed
a Mexican prisoner.
EU
POLICY ON THE DEATH PENALTY
Office
of Governor Brad Henry
State of Oklahoma
State Capitol - Oklahoma
City OK 73105
405-521-2342
Gov.
Henry Grants Clemency to Death Row Inmate Torres
May
13, 2004
Oklahoma
City � Gov. Brad Henry today commuted the death sentence
of Osvaldo
Torres to a sentence of life without the
possibility of parole. The decision comes after the state
Pardon and Parole Board voted May 7 to recommend clemency
for Torres, a 29-year-old Mexican national.
Torres had been convicted and sentenced to death for the
1993 murders of an Oklahoma City couple, Francisco Morales
and Maria Yanez. Torres� co-defendant, George Ochoa, was
identified by an eyewitness as the actual gunman. Ochoa also
received a death sentence.
�My heart goes out to the family of Mr. Morales and Ms.
Yanez. This was difficult decision, but I believe clemency
is warranted by a number of issues involved in this case,�
Gov. Henry said.
He made his decision after a thorough review of the case
that included meetings with prosecutors in the state
Attorney General�s office, Torres� appellate defense
attorneys and relatives of the murder victims.
�It is important to remember that the actual shooter in
these horrific murders was also sentenced to death and faces
execution,� Gov. Henry said.
�Osbaldo Torres will spend the rest of his life behind
bars for his role in this deplorable crime.�
The Governor also noted that Torres had not been notified of
his right to contact the consulate of his native Mexico to
seek legal representation. Such rights are ensured under the
1963 Vienna Convention on Consular Relations. Signed by the
U.S. in 1969, that treaty is also important in protecting
the rights of American citizens abroad.
The International Court of Justice ruled on March 31 that
Torres� rights were violated because he had not been told
about his rights guaranteed by the 1963 Vienna Convention.
Under agreements entered into by the United States, the
ruling of the ICJ is binding on U.S. courts.
�I took into account the fact that the U.S. signed the
1963 Vienna Convention and is part of that treaty,� the
Governor said.
�In addition, the U.S. State Department contacted my
office and urged us to give �careful consideration� to
that fact.�
Earlier today, Torres was granted a temporary stay of
execution by the Oklahoma Court of Criminal Appeals.
�Despite that stay, I felt it was important to announce
the decision that I had made upon a careful and thorough
review of the entire case,� Gov. Henry said.
The Governor has denied the three other clemency
recommendations he has received since taking office in
January, 2003. Under state law, the Governor can only
consider clemency if it is recommended by the Oklahoma
Pardon and Parole Board
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