WASHINGTON — A Mexican man who became the focus of an international dispute was put to death Thursday by Texas authorities after the Supreme Court, on a 5-4 vote, refused an appeal from the Obama administration to stop the execution.
Humberto Leal Garcia, 38, was given a lethal injection for the 1994 rape and murder of a 16-year-old girl in San Antonio.
His case drew the attention of the Mexican and U.S. governments because Texas officials did not notify the Mexican consulate at the time of his arrest and trial, a violation of the Vienna Convention treaty.
Last week, in a rare move, U.S. Solicitor General Donald Verrilli urged the Supreme Court to stop the execution, saying it would have “serious repercussions” for U.S. relations with Mexico and the European Union. He said the Senate has before it a bill that, if enacted into law, would give inmates like Leal Garcia a chance to have their convictions reviewed.
This issue has been a problem for Mexican and U.S. officials for a decade. In 2004, the International Court of Justice ruled in favor of Mexico and held that the United States had not complied with the Vienna Convention. That treaty obliges a host nation to inform the consulate of another country when one of its citizens is arrested for a serious crime.
Its decision cited 53 Mexican citizens — including Leal Garcia — who were on death rows in Texas, California and other states.
Last month, Sen. Patrick Leahy, D-Vt., introduced a bill to enforce the treaty, and the administration argued that the pending execution should be put off until the measure could be voted upon. Administration lawyers argued that not abiding by the treaty could harm American citizens traveling aboard if they are arrested.
The Supreme Court’s conservative majority rejected the appeal in an unsigned order.
“We are doubtful it is ever appropriate to stay a lower court judgment in light of unenacted legislation. Our task is to rule on what the law is, not what it might eventually be,” the court said.
The majority comprised Chief Justice John Roberts and Justices Antonin Scalia, Anthony Kennedy, Clarence Thomas and Samuel Alito. The court’s four liberal justices dissented.
