Avena and other Mexican Nationals (Mexico v. United States of America) - Conclusion of the public hearings - Court ready to begin its deliberation

INTERNATIONAL COURT OF JUSTICE

Peace Palace, 2517 KJ The Hague. Tel: +31 (0)70 302 23 23. Cables: Intercourt,
The Hague. Fax: +31 (0)70 364 99 28. Telex: 32323. E-mail address:

[email protected]. Internet address: http://www.icj-cij.org.

Press Release
Unofficial

No. 2003/45
23 December 2003

Avena and Other Mexican Nationals
(Mexico v. United States of America)

Conclusion of the public hearings

Court ready to begin its deliberation

THE HAGUE, 23 December 2003. The public hearings in the case conceming Avena and
Other Mexican Nationals (Mexico v. United States of America), which opened on

15 December 2003, were concluded on Friday 19 December 2003. The Court will now start its
deliberation.

At the hearings, the delegation Mexico was led by H.E. Mr. Juan Manuel G6mez-Robledo

and H.E. Mr. Santiago Ofiate, as Agents; the delegation of the United States of America was led by
Mr. William H. Taft IV, as Agent.

The Court's Judgment, which is binding and without appeal, will be delivered at a public
sitting, the date of which will be announced in due course.

Final submissions of the Parties

At the conclusion of the oral proceedings the Parties presented the following final
submissions to the Court.

For Mexico:

"The Govemment of Mexico respectfully requests the Court to adjudge and
declare:

(1) That the United States of America, in arresting, detaining, trying, convicting, and
sentencing the 52 Mexican nationals on death row described in Mexico's
Memorial, violated its international legal obligations to Mexico, in its own right
and in the exercise of its right to diplomatie protection of its nationals, by failing to
inform, without delay, the 52 Mexican nationals after their arrest of their right to

consular notification and access under Article 36 illof the Vienna Convention
on Consular Relations, and by depriving Mexico of its right to provide consular
protection and the 52 nationals' rights to receive such protection as Mexico would
provide under Article 36(1) W. and .{ç)of the Convention;

(2) That the obligation in Article 36 (1) of the Vienna Convention requires notification
of consular rights and a reasonable opportunity for consular access before the -2-

competent authorities of the receiving State take any action potentially detrimental
to the foreign national's rights;

(3) That the United States of America violated its obligations under Article 36 (2) of
the Vienna Convention by failing to provide meaningful and effective review and
reconsideration of convictions and sentences impaired by a violation of
Article 36 (1); by substituting for such review and reconsideration clemency

proceedings; and by applying the "procedural default" doctrine and other
municipal law doctrines that fail to attach legal significance to an Article 36 (1)
violation on its own terms;

(4) That pursuant to the injuries suffered by Mexico in its own right and in the
exercise of diplomatie protection of its nationals, Mexico is entitled to full
reparation for those injuries in the form of restitutio in integrum;

(5) That this restitution consistsof the obligation to restore the status quo ante by
annulling or otherwise depriving of full force or effect the convictions and
sentences of all 52 Mexican nationals;

(6)That this restitution also includes the obligationto take all measures necessary to
ensure that a prior violation of Article 36 shall not affect the subsequent
proceedings;

(7) That to the extent that anyof the 52 convictions or sentences are not annulled, the
United States shall provide, by means of its own choosing, meaningful and
effective review and reconsideration of the convictions and sentences of the 52
nationals, and that this obligation cannot be satisfied by means of clemency
proceedings or if any municipal law rule or doctrine inconsistent with
paragraph (3) above is applied; and

(8) That the United States of America shall cease its violations of Article 36 of the
Vienna Convention with regard to Mexico and its 52 nationals and shall provide
appropriate guarantees and assurances that it shall take measures sufficient to
achieve increased compliance with Article 36 (1) and to ensure compliance with
Article 36 (2)."

For the United States of America :

"On the basis of the facts and arguments made by the United States in its
Counter-Memorial and in these proceedings, the Govemment of the United States of
America requests that the Court, taking into account that the United States has
conformed its conduct to this Court's Judgment in LaGrand, not only with respect to
German nationals but, consistent with the declaration of the President of the Court in
that case, to all detained foreign nationals, adjudge and declare that the claims of the
United Mexican States are dismissed."

* -3-

NOTE FOR THE PRESS

The full transcripts of the hearings of 15 to 19 December 2003 can be found on the Court's
website (www.icj-cij.org) under "Docket". Click on the hyperlink bearing the name of the case.

Information Department:

Mr. Arthur Witteveen, First Secretary ofthe Court (tel: +31 70 302 2336)
Mrs. Laurence Blairon and Mr. Boris Heim, Information Officers (tel: +31 70 302 2337)
E-mail address: [email protected]