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U.S. Quits Foreign Inmate Accord Over Death Penalty
Thu Mar 10, 2005 12:44 PM ET
http://www.reuters.com/newsArticle.jhtml?type=topNews&storyID=7868062
By Saul Hudson

WASHINGTON (Reuters) - The United States has withdrawn from an accord that lets 
an international court decide disputes over foreign inmates, an agreement U.S. 
death penalty opponents have been using to fight death row cases.

The decision followed an International Court of Justice ruling last year that 
ordered new hearings for 51 Mexican death row inmates because U.S. authorities 
did not tell them they could consult diplomats from their own country right 
after their arrests.

The withdrawal was likely to anger Mexico, which opposes the U.S. death 
penalty, on the day Secretary of State Condoleezza Rice left for a visit to the 
southern U.S. neighbor.

The United States initially backed the Vienna Convention protocol, hoping it 
would further protect its citizens detained abroad. But its withdrawal reflects 
a determination to counteract international pressure over the U.S. death 
penalty.

"We are protecting against future International Court of Justice judgments that 
might similarly interfere in ways we did not anticipate when we joined the 
optional protocol," State Department spokesman Steve Pike said.

President Bush, a staunch defender of the death penalty, will comply with 
previous rulings of the court, also known as the World Court.

Washington will also continue to abide by the 1969 Vienna Convention on 
Consular Relations requiring it to tell foreigners they have the right to see a 
diplomat.

Pulling out of the related protocol would leave disputes over foreign inmates 
in the hands of U.S. courts, eliminating what the Bush administration sees as 
outside interference.

Bush quickly won a reputation abroad in his first term for a go-it-alone 
approach to foreign policy when he rejected the Kyoto international treaty on 
the environment.

And while he has stressed greater cooperation with the international community 
since his re-election in November, he remains leery of such bodies as the 
international court, opposing its use most recently to deal with atrocities in 
Sudan.

The death penalty is contentious in the United States and widely unpopular 
abroad but the inmate access issue has particularly caused tensions between the 
Bush administration and Mexico.

Bush agreed in February to comply with the World Court decision on the 51 
Mexican death row inmates, whose cases were taken up by capital punishment 
opponents.

The U.S. government previously left it up to the states to decide what to do 
regarding the Mexicans, whose cases were taken up by capital punishment 
opponents.

The U.S. Supreme Court is scheduled to hear arguments on March 28 in the case 
of Mexican Jose Medellin, who was convicted of murder during a sexual assault 
and sentenced to death in 1994 in Texas.

"All these people have the right to raise their issues in court," State 
Department spokesman Richard Boucher told reporters traveling with Rice to 
Mexico where she will meet Mexican President Vicente Fox.

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