As to the comment as to what is being asked here, it also must be noted that a principle was held here. It applies across the board, not just with facts like these.

Finally, as to Medelin himself (and many others were not informed), (1) unlike Miranda, this provision is not exactly known by your typical defendant, most likely (2) the violation matters most at the beginning, surely during the trial, where it very well might have some more significance than on appellate or collateral review.

Added perspective. This case does suggest the different levels of bad here. Bush “loses” but it is a Pyrric victory.

When a Mexican citizen is in the United States, commits rape and murder, is made aware of his rights to counsel and to remain silent, is thereafter tried and convicted. Fails to raise his Vienna Convention claim – if a person requests, his consular post is to be informed of his detention and inform the person of his right to request assistance from the consul of his own state – at trial or on direct review. Then, during a collateral attack on the validity of his conviction, he raises the issue. After he was provided with the assistance of consulate counsel during his first application for state postconviction relief, but failed to raise his Vienna Convention claim during that proceeding. And, he failed to show that non-notification of the Mexican authorities impacted on the validity of this conviction or punishment. Then, the United States must , pursuant to a ruling by the International Court of Justice – “provide, by means of its own choosing, review and reconsideration of the conviction and sentence”

It is extraordinarily unlikely this is what Mexico was negotiating for.

Further, the Vienna Convention requires a arresting county to inform the consular post of the accused’s country within 3 days. Medellin gave a written detailed confession only a few hours after being arrested. Under the Convention the accused must request that his consular post be contacted. Medellin did not make this request. Moreover, Medellin was provided with consulate counsel during his first appeal. Where is the violation?

Just some perspective.

yojoe out

The Supreme Court threw our entire diplomatic corps, and possibly every US treaty still in force, into complete disarray. And in the process, the Court may have harmed US international standing more than invading Iraq did….