92003E0498

WRITTEN QUESTION E-0498/03

by Jules Maaten (ELDR) to the Council

(21 February 2003)

Subject: Statement by the Texas authorities that they intend to disregard the judgment of the International Court of Justice concerning the execution of three Mexicans

1. Is the Council aware of the judgment of the UN International Court of Justice that the execution of three Mexicans in the US State of Texas should not take place and of the reaction of the Texas authorities who intend to disregard that judgment?

2. Is the Council aware that this involves multiple breaches of the Vienna Convention and, in particular, failure to provide consular assistance to foreign nationals?

3. Can the Council indicate its reaction to the judgment of the International Court of Justice and state what action the Greek Council Presidency will take to prevent the executions?

4. Does the Council realise that the breaches of the Vienna Convention involved may have implications for citizens of the Member States of the European Union currently detained in the US or for such citizens who are arrested in the United States in the future?

5. Is the Council prepared to draw the attention of the United States' authorities to the fact that commitments entered into under the Vienna Convention, including consular assistance, are fully applicable to citizens of the Member States of the European Union?

Reply

(22 July 2003)

The Council is aware of the Order for Provisional Measures of the International Court of Justice (ICJ) dated 5 February 2003 in the case concerning Avena and other Mexican Nationals (Mexico-v-United States of America).

The Council is aware of the implications of this case for the application of the Vienna Convention on Consular Relations (VCCR). However, since the above-mentioned Order is only an interim judgement, pending final judgement in the proceedings, the Council considers it premature to anticipate which breaches of the VCCR, if any, the ICJ may find in its final judgement.

The Council recalls that, pursuant to Article 94 of the Charter of the United Nations, the obligation of compliance with a judgement of the ICJ falls on the Parties to that decision (in this case, Mexico and the US). Moreover, Article 94(2) of the UN Charter provides that in case of failure by a Party to a case to perform its obligations under a judgment rendered by the Court, the other Party may have recourse to the Security Council, which may make recommendations or decide upon measures to give effect to the judgement.

The Council has long been concerned about the implications of breaches of the VCCR, both for EU and non-EU citizens alike, and its position on this issue is published in the EU guidelines on the death penalty, Section III, Minimum Standards, paragraph (v). Indeed, such is its concern about this issue in death penalty cases in the US that the possibility of draft amicus curiae brief is being considered on the subject of breach of the right to consular access, for submission in future cases in the US.