Texas executes Mexican citizen Supreme Court denied a motion to stay his execution.
Edgar tamayo case article is over 4 years old Protestors urge Texan authorities not to execute Edgar Tamayo. The execution of Edgar Arias Tamayo had been set for 6pm central time, but was delayed by more than three hours after a last-ditch appeal to the US supreme court by Tamayo's lawyers.
After considering the appeal on Wednesday evening the court declined to issue a stay of executionclearing the path for Texas officials to put Tamayo to death by lethal injection at the state penitentiary in Huntsville, near Houston. Tamayo did not make a final statement in the death chamber, Associated Press reported.
After being given a lethal dose of pentobarbital he took a few breaths, quietly snored once and then stopped moving. He was pronounced dead at 9. Tamayo was arrested for the murder of Guy Gaddis, a Houston Edgar tamayo case officer, but not promptly advised of his right to consular help.
That was a violation of the treaty known as the Vienna Convention on Consular Relations. Tamayo's lawyers, Maurie Levin and Sandra Babcock, argued that he might have been given a lesser sentence had Mexican officials been able to assist him sooner.
The attorneys claimed that Tamayo was mentally-ill and brain-damaged, with an IQ of 67, but that these discoveries were made too late to affect the trial. They mounted several appeals and had hoped to persuade a federal court to delay the clemency process on the basis that it was unfair, but a judge ruled on Tuesday that the procedures of the Texas Board of Pardons and Paroles were adequate.
After the supreme court's decision, Levin and Babcock released a statement condemning the execution as "shameful and tragic" and accusing Texas of showing "utter disregard for the rule of law and the United States' treaty commitments. Mexico's government issued a statement on Sunday expressing "strong opposition" to the execution and saying the foreign ministry had "made use of all available political, legal and administrative means" to prevent it.
Several senior Mexican politicians had written to Texas officials, including governor Rick Perry and the Board of Pardons, to request a stay, as did numerous human rights groups and ambassadors of countries including the UK. John Kerrythe US secretary of state, cautioned Perry and Texas attorney-general Greg Abbott last year that the US's failure to observe international law could lead to Americans abroad not receiving due process in similar situations.
Death Penalty Information Center DPIC records suggest Tamayo is the 29th foreign national to be executed in the US since capital punishment was reinstated in and that only one was properly informed of his consular rights.
The next scheduled execution of a foreign national is also in Texas. Edgardo Cubas, a Honduran, is set to be put to death on 29 May. As well as questioning the fairness of the Texas legal system, Tamayo's lawyers argued that the year-old did not receive a specific review of his case as was mandated a decade ago by the United Nations' main judicial body.
The International Court of Justice ruled inin what is often called the Avena decision, that about 50 Mexicans on death row in the US, including Tamayo, had not been properly informed of their consular rights.
The court ordered the US to conduct a review and reconsideration of each conviction and sentence in order to determine whether the outcomes had been unfairly prejudiced by the failure to adhere to the Vienna Convention. Then-US president George W Bush told each state to comply with the international court, but Texas successfully argued before the US supreme court in that the presidential order was not binding given the absence of legislation from Congress.
Eduardo Medina Mora, the Mexican ambassador to the US, said in a letter to Kerry last September that the failure to provide Avena reviews "has become and could continue to be a significant irritant in the relations between our two countries". Capital punishment was officially outlawed in Mexico inthough the country had not put anyone to death since Lucy Nashed, a spokeswoman for Perry, said last week: He is the first not to have received any review of his claim to have been denied consular rights.
The statement from Babcock and Levin criticised both state and federal politicians. They also steamrolled over evidence that Mr Tamayo is a person with mental retardation whose execution will violate the United States constitution," it read.
It is now imperative that Congress promptly act to ensure passage of legislation that will bring the US into compliance with its international legal commitments and provide judicial review to the Mexican nationals who remain on death row in violation of their consular rights.The execution of a Mexican national, Edgar Tamayo, in Texas were put on hold on Wednesday as the the US supreme court considered appeals.
There have been international protests at the planned. Protestors urge Texan authorities not to execute Edgar Tamayo. Photograph: Richard Carson/Reuters Texas executed a Mexican citizen on Wednesday night despite an international outcry and warnings.
Tamayo allegedly informed the court of the Commission’s issuance of precautionary measures and requested it to refrain from setting an execution date out of deference to the Commission’s review of the human rights violations in his case.
Jan 23, · The execution of Edgar Tamayo Arias highlights an aspect of Texas pride that can be endearing but sometimes raises troubling concerns.
Watch video · Edgar Arias Tamayo, 46, pictured, failed to win clemency and is set for lethal injection in a Texas prison for the murder of police officer Guy Gaddis, 24, in Edgar Arias Tamayo (“Tamayo”) is scheduled to be executed by the State of Texas on January 22, He filed a federal habeas petition in district court which the court construed as a successive habeas petition requiring transfer to .