No Justice in Rights Denied

A traveler’s worst nightmare would be to be far from home in a strange land and suddenly arrested by draconian authorities. What American, if detained overseas, wouldn’t welcome an immediate jail visit by a U.S. consul? So, if fair is fair, aren’t foreigners entitled to the same treatment if arrested here?

But, in fact, there are questions about treatment of dozens of foreigners jailed and facing this land’s ultimate penalty, the U.N.’s International Court of Justice in The Hague has found. The court ruled Wednesday that 51 Mexicans on death row in California and other U.S. states improperly were deprived of consular aid when arrested, and it ordered American authorities to “review and reconsider” their cases. The court in no way suggested any sentence commutations. Nor did it speak of the innocence or guilt of the 51.

The judicial decision, however, is worth heeding, even though the panel has no power to enforce its rulings. Why? The U.S. signed the 1963 Vienna Convention on Consular Relations and has said since 1969 that it would abide by it. This directly affects Americans abroad, as the U.S. government relies on the Vienna accord to ensure their consular protections on arrest and has invoked the jurisdiction of the international court to resolve disputes between nations.

The State Department for years has labored to ensure local law enforcement agencies comply with the Vienna accord. Its requirement that consular officials be notified if a foreigner gets arrested is simple. Yet, sadly, U.S. officials admit that foreign detainees are not always advised of their right to call their consuls.

The obstinacy of state officials isn’t helpful. Texas Gov. Rick Perry, for example, dismissed consular notice and balked at any review of his state’s foreigners on death row, arguing, “the International Court of Justice does not have jurisdiction in Texas.” His bluster is as backward as that of a Third World despot trying to jail an American for a traffic ticket. Except this issue is life and death for more than 120 foreigners from 29 nations on death rows across the U.S.

The services that consuls offer to foreigners, ultimately, are limited and wouldn’t abet a killer convicted after a fair, open trial in a U.S. court. The issue of this nation meeting its international treaty obligations, however, isn’t up to the states but to the federal government. And the Bush administration should see this isn’t an instance for its usual resistance to international courts’ asserting jurisdiction. With millions of Americans traveling globally and needing consular protection, and with the U.S. needing international cooperation on so many matters, it just makes sense for State Department lawyers to work with officials in the various states to review the 51 cases. State officials should be happy to tell the world that police in this country follow proper procedures or to see courts in the U.S. decide the significance of any problems discovered on review.