05 July 2011 :

The Obama administration took the unusual step today of asking the Supreme Court to stop Texas from executing a Mexican citizen convicted of raping and killing a 16-year-old girl in 1994.
The administration said the court should delay the planned July 7 execution of Humberto Leal for up to six months to give Congress time to consider legislation that would directly affect Leal's case. The 38-year-old native of Monterrey wasn't told he could contact the Mexican Consulate after his arrest in the murder of Adria Sauceda. His lawyers say police violated an international treaty by not telling Leal he could have consular assistance.
Legislation pending in the Senate would allow federal courts to review cases of condemned foreign nationals to determine if the lack of consular help made a significant difference in the outcome of their cases. Last week, a federal judge refused to delay the execution. The Supreme Court has previously ruled that states can't be forced to comply with the provisions of treaties without some intervening federal legislation. The administration noted in its filing Friday that the recently introduced Senate bill -- the Consular Notification Compliance Act -- would put the United States into compliance with its international obligations. It added that, since passage of that legislation by the House may take until early next year, Leal's death sentence should be delayed until then.
The federal government rarely intervenes in state death penalty cases. The thrust of the administration's legal argument deals with the government's international treaty obligations, not Leal's guilt or innocence, or even whether he should ultimately be executed. "This case implicates United States foreign-policy interests of the highest order," including protecting U.S. citizens abroad and promoting good relations with other countries, Solicitor General Donald Verrilli Jr. said. Verrilli, the administration's new chief Supreme Court lawyer, has long represented death row inmates free of charge in his private practice. State Department legal adviser Harold Koh separately has written Gov. Rick Perry and other Texas officials asking them to step in and put off the execution.
"If the scheduled execution of Mr. Leal Garcia goes ahead, the United States government will have implemented a death penalty after a trial that did not comply with due process rights," said Christof Heyns, the U.N. Special Rapporteur on extrajudicial, summary or arbitrary executions. "This will be tantamount to an arbitrary deprivation of life."