PRESS RELEASE-FOR IMMEDIATE RELEASE - August 14, 2002

The Final Request of Javier Surez Medina: An Appeal for Peace and Forgiveness

Despite unprecedented and urgent interventions by many of the United
States closest allies, Mexican national Javier Surez Medina was executed
this evening in Huntsville, Texas. The execution was allowed to proceed
after the United States Supreme Court denied the final appeal and after
the Governor of Texas refused to grant a reprieve.

Javier told me to be sure and express his profound thanks for the support
of the Mexican government and the prayers of the Mexican people, Lydia
Brandt, counsel to Mr. Surez Medina, said today. I know that he was also
intensely grateful for all of the efforts made on his behalf by the
international community.

Javier asked that there be no violence or demonstrations to protest his
execution -- he wanted there to be peace.

Most of all, Javier wanted to convey his deepest remorse to the Cadena
family. One of his main concerns regardless of whether his sentence was
carried out was that the family of Officer Cadena know that he is grieving
with them, she said.

Javier specifically asked that it be made known to the Cadena family that
he deeply regrets the crime and the suffering that they've endured, and
that he really wants the family to find closure and peace, Ms. Brandt
said.

--

Background Information

The final tally of intervening nations and international bodies bears
testament to the depth of concern which the case of this quiet young
Mexican generated around the world. As of earlier today, seventeen nations
had expressed deep concern over the undeniable violation of Mr. Surez
Medinas consular rights, either by sending appeals for clemency or by
intervening at the Supreme Court in support of a judicial review. The
nations are, first and foremost, Mexico--along with Argentina, Brazil,
Chile, Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Panama,
Paraguay, Poland, Slovenia, Spain, Switzerland, Uruguay and Venezuela.

An extraordinary array of inter-governmental, religious, legal and human
rights organizations also called on the United States and Texas
authorities to stay the execution. They included: the European Union, the
Inter-American Commission for Human Rights, UN Sub-Commission for the
Promotion and Protection of Human Rights, the UN High Commissioner for
Human Rights, Amnesty International, the American Bar Association, the
Dominican and Franciscan Orders and many others.

(source: Lydia M.V. Brandt---The Brandt Law Firm, P.C.---Richardson, Texas)

Nations Unite to Support Javier Suárez Medina Appeal

PRESS RELEASE
FOR IMMEDIATE RELEASE

August 14, 2002

     In an extraordinary display of international solidarity and concern, thirteen nations have joined with Mexico in supporting a United States Supreme Court review of the case of Javier Suárez Medina. A Mexican national, Mr. Suárez Medina is scheduled for execution this evening in Texas, despite evidence that Texas authorities violated his right to consular
notification and prevented Mexican authorities from providing consular assistance during his 1989 trial. Texas is required to provide notification of consular rights without delay to any detained foreign national, under the terms of the Vienna Convention on Consular Relations.
     In a joint amicus curiae (“friend of the court”) brief filed with the Supreme Court, the 14 countries urge the granting of a full hearing in order to resolve the legal implications of the treaty violation in this case.
    The joint brief declares that Texas “should not be permitted to damage the United States’ relationship with its allies, invite international condemnation, and increase the danger that nationals detained abroad will be denied their time-honored right to consular assistance and protection”.  The 14 nations also point out that the United States is under a binding obligation to  comply with a judgment of the International Court of Justice (ICJ). Last year, the ICJ ordered that US authorities must provide review and reconsideration of the conviction and sentence in cases where foreign nationals were deprived of their consular rights and sentenced to death.
     “This outpouring of international concern is simply unprecedented,” said Sandra Babcock, the attorney representing Mexico and the other intervening nations. The countries which have signed on to Mexico’s brief are: Argentina, Brazil, Chile, Colombia, El Salvador, Guatemala, Honduras, Panama, Paraguay, Poland, Spain, Uruguay and Venezuela.
     In an appeal filed yesterday with the US Supreme Court, Mr. Suárez Medina cites the failure of the Texas courts to review the treaty violation and asserts that a judicial remedy must be applied to vindicate his right to receive timely consular notification and assistance. The petition is supported by extensive  new evidence uncovered through Mexican consular assistance, evidence which would have resulted in a lesser sentence if consular assistance
had not been denied at the time of the trial.
     “Under the Supremacy Clause of the United States Constitution, this treaty obligation is binding on all individual states, including Texas,” Ms. Babcock said.
“The international community is today calling on the Supreme Court to grant consideration of a basic legal right, one which is mandated both under the law of nations and under the supreme law of this land.”
END
For additional information, please contact:

Sandra L. Babcock, counsel to sovereign amici in
Javier Suarez Medina v. State of Texas.
Telephone: (612) 871-5080
Fax:       (612) 872-4967

United Nations

August 8, 2002. The statement below was issued today by the Chairperson of the Sub-Commission on the Promotion and Protection of Human Rights, Paulo Sergio Pinheiro. The Sub-Commission, the main subsidiary body of the United Nations Commission on Human Rights, is currently meeting in Geneva.
"The Sub-Commission on the Promotion and Protection of Human Rights, recalling Commission on Human Rights resolution 2002/77 of 25 April 2002 and its own resolution 2000/17 of 17 August 2000, wishes to draw the urgent attention of the United States authorities to the situation of Mr. Javier
Suárez Medina, a Mexican national detained on death row in the State of Texas for 13 years who is scheduled to be executed by lethal injection on 14 August 2002.
"Javier Suárez Medina was only 19 years old when he was sentenced to death, and a number of serious breaches of his right to a defence occurred during his trial. In particular, United States authorities did not comply with their obligations pursuant to article 36 of the Vienna Convention on Consular Relations of
1963 which guarantees consular assistance for foreign detainees.
"These obligations have been strongly reaffirmed by the Inter-American Court of Human Rights in its Advisory Opinion OC-16/99 of 1 October 1999, The Right to Information on Consular Assistance in the Framework of the Guarantees of the Due Process of Law, and by the International Court of Justice in
its Judgment in the LaGrand case (Germany v. United States) on 27 June 2001.
"The Sub-Commission urges the United States authorities to do everything possible to stay the execution of Mr. Suárez and to re-examine his case, guaranteeing him his right to consular protection and to a fair trial".

FOR IMMEDIATE RELEASE----August 14, 2002

Contact: Scott Cobb (512-302-6715)
Dallas County District Attorney Endangers Rights of Americans Traveling Abroad

The Dallas County District Attorney does not seem to understand international law. Texas Moratorium Network is very disturbed by the comments made by Lori Ordiway, Chief of the Appellate Division of the
Dallas DAs office, regarding the rights of people to speak with their own countrys representatives when they are arrested.
Ms. Ordiway says about Javier Suarez Medina, a Mexican citizen set for execution tonight in Texas, "He was educated here in the United States.
He reads and writes and speaks the English language. And essentially, even if he had been from Mexico, he's not the kind of candidate contemplated by the Vienna Convention as someone in a foreign land and doesn't understand the laws and procedures and needs assistance from their own country's government."
Has Ms Ordiway ever spent any time in a foreign country? If she were arrested in a foreign country, wouldn't the first thing out of her month be, "I am an American citizen and I demand to speak to my embassy." Of course, as a privileged upper-middle class attorney, she would likely know and assert her rights, and the authorities in whatever country she were in would probably comply. Not every one has her privileges. A former fast food worker such as Suarez Medina would have desperately needed the
assistance of his own government's consulate.
"I lived a total of about ten years in a non-English language country. I was able to speak the language of that country well enough to attend university over there. However, I would have been at a great disadvantage if I would have had to deal with the language complexities involved in a legal situation. I would have needed the assistance of my own government's representatives. When Texas authorities violate the rights of people from other countries who are in the United States to contact their consulates, then they endanger my rights when I am in a foreign country," said Scott Cobb, political director of Texas Moratorium Network.
"Ms Ordiway needs to go back to law school. It is incredible that she believes that there are certain people not contemplated by international law. The law is there to protect everyone, not just the ones she and the other lawyers in the Dallas District Attorney's office choose to contemplate," said Cobb.

(source: TMN)

Javier Medina on death row in Texas is at the end of his appeal process. His execution
date is set for August 14. Javier doesn't want the prison graveyard to be his last home.
His family does not have the necessary financial resources for a funeral.
For this reason ALIVE has set up this funeral fund for Javier.

    ALIVE - Coalition to Abolish the Death Penalty (former ECADP)
                          Keyword (please don't forget): funeral fund Javier Medina
                               Deutsche Bank 24 Bocholt
                                     Account: 3100088
                                       BLZ: 428 700 24

Although the system has taken my freedom they cannot take
my spirit and my will to fight on for the life they are trying to take.
Peace and love and may God bless you all.

                                                      Please write to:
                                                
                                  Javier Medina #000944
                           Polunsky Unit D.R
                          3872 FM 350 South
                           Livingston Texas
                                77351  USA

                   The CCADP offers free webpages to over 500 Death Row Prisoners
                                              Contact us for more information.
            
                                                       "The Eyes Of The World Are Watching Now"