Case Law

On writ of certiorari to the United States Court of Appeals for the Fifth Circuit. This case concerns the federal habeas corpus petition of Jose Medellin, a Mexican national, for review of his rights under the Vienna Convention on Consular Relations (the "Convention"). Medillin was tried and sentenced to death, a sentence which was affirmed by the Texas Court of Criminal Appeals. Medillin then filed a state habeas corpus action, claiming that he had not been notified of his right to consular access under the Convention. The trial court, as well as the Court of Criminal Appeals in Texas rejected this claim. Subsequently Medillin filed a federal habeas corpus petition, which was rejected by the District Court. The Court of Appeals denied the application for appealability, shortly after the Avena judgment was handed down by the International Court of Justice ("ICJ"), in which it held that the United States had breached its obligation under the Convention to inform 51 Mexican nationals (including Medilla), all of whom had been sentenced to death, of the right to consular notification. Few days before the oral argument at the Supreme Court, Medillin filed another state habeas corpus petition based on the Avena judgment as well as a memorandum filed by President Bush, which stated that the United States would discharge its international obligations under the Avena judgment "by having State courts give effect to the ICJ decision in accordance with general principles of comity." Stating that the "state proceeding may provide Medellin with the review and reconsideration of his Vienna Convention claim that the ICJ required," the Supreme Court dismissed the writ as "improvidently granted." Justice O'Connor, joined by Justices Stevens, Souter and Breyer, filed a dissenting opinion in which she stated that she would "vacate the Court of Appeals' decision to deny Medellin a certificate of appealability" and "remand for further proceedings."

23 May 2005 | Judicial Body: United States Supreme Court | Topic(s): Habeas corpus | Countries: Mexico - United States of America

Thirty-third session of the Committee Against Torture (8-26 November 2004). Made public by decision of the Committee against Torture. Re-issued for technical reasons on 20 September 2005.

24 November 2004 | Judicial Body: UN Committee Against Torture (CAT) | Topic(s): Complementary forms of protection - Convention against Torture (CAT) - Deportation / Forcible return - Non-refoulement - Refoulement - Residence permits / Residency | Countries: Canada - Mexico

Certiorari to the United States Court of Appeals for the Ninth Circuit. Argued March 30, 2004 Decided June 29, 2004.

29 May 2004 | Judicial Body: United States Supreme Court | Countries: Mexico - United States of America

Filed May 20, 2004; Revised May 26, 2004. Appeal from the United States District Court for the Southern District of Texas.

26 May 2004 | Judicial Body: United States Court of Appeals for the Fifth Circuit | Topic(s): Habeas corpus | Countries: Mexico - United States of America

See also the Request for Interpretation of the Judgment of 31 March 2004 in the Case concerning Avena and Other Mexican Nationals (Mexico v. United States of America) (Mexico v. United States of America) of 19 January 2009.

31 March 2004 | Judicial Body: International Court of Justice (ICJ) | Topic(s): Death penalty - Jurisdiction - Prosecution vs persecution | Countries: Mexico - United States of America

Voir aussi la Demande en interprétation de l'arrêt du 31 mars 2004 en l'affaire Avena et autres ressortissants mexicains (Mexique c. Etats-Unis d'Amérique) (Mexique c. Etats-Unis d'Amérique) du 19 janvier 2009.

31 March 2004 | Judicial Body: International Court of Justice (ICJ) | Topic(s): Death penalty - Jurisdiction - Prosecution vs persecution | Countries: Mexico - United States of America

27 November 2003 | Judicial Body: Inter-American Court of Human Rights (IACrtHR) | Topic(s): Freedom from torture, inhuman and degrading treatment - Freedom of expression - Human rights activists - Right to liberty and security - Rule of law / Due process / Procedural fairness | Countries: Guatemala - Mexico