June 6, 2003


Mexican officials are concerned that a failed legislative effort to
improve access to consulates could affect thousands of foreigners detained
in Texas each year on criminal charges or immigration violations.

A bill that would have required judges to inform foreign nationals of
their right to consul assistance passed the Texas House but never made it
to the Senate.

"It is a pity that this bill couldn't pass, especially because there are
many Mexicans who don't even know what a consulate is and maybe even about
the criminal process," said Juan Jose Salgado, Mexico's deputy consul
general in Dallas.

Mexico President Vicente Fox has criticized treatment of Mexican citizens
in the U.S. criminal justice system, saying too many defendants are being
denied access to foreign consuls. Last year, Fox canceled a trip to Texas
to meet with President Bush and other officials hours after the execution
of a Mexican national who had not been allowed to speak with a consul.

In January, Mexico filed a lawsuit with the International Court of Justice
in The Hague, Netherlands, contending that the United States is not
complying with portions of the 1963 Vienna Convention treaty, which
ensures foreign citizens the right to contact their consulate when
arrested or in custody.

The lawsuit focuses on death penalty and capital murder cases but asserts
that the treaty rights are being violated on all levels of arrest and
detention.

"What's wrong with telling them what their rights are?" said State Rep.
Roberto Alonzo, D-Dallas, who wrote the unsuccessful bill.

"People not from this country who get arrested need that assistance from
their country of origin to ensure they understand the process."

A Dallas-based vice consul of Mexico contends that a Mexican man,
convicted in April of capital murder for his role in the slaying of an
Arlington clothing store manager, was not told of his rights under the
international treaty.

Luis Lara has asked attorneys for his country to include the Arlington
case in the international lawsuit. Lawyers on both sides have until
November to submit briefs in the case.

"We attend trials and have done investigations and are very concerned
Mexicans do not always understand the legal process," Lara said.

Law enforcement agencies and prosecutors, backed by appellate decisions in
state and federal courts, argue that they are not responsible for
informing foreign defendants of consul rights the way citizens are read
Miranda warnings.

"It's not like police are trying to dog that responsibility," said Diane
Beckham, staff counsel for Texas District and County Attorney Association
in Austin. "When a foreign national asks to speak to someone from their
consulate, police are complying. We just don't want cases thrown out
because someone wasn't told they have a right to talk to their foreign
consul."

The Texas Attorney General's Office compiled a handbook for state
magistrates about their duties involving foreigners' treaty rights, a
spokesman for the agency said. However, under state law judges are not
bound to inform criminal defendants of such rights.

Criminal defense lawyers and civil liberties advocates argue that
foreigners should be notified of their treaty rights early in the
prosecution process.

"I'm certain the average Texan would like to talk with the U.S. consul if
they are detained in Mexico," said Will Harrell, spokesman for the
American Civil Liberties Union in Austin.

Source: Fort Worth Star-Telegram