NETHERLANDS: WORLD COURT HEARS CHALLENGE AGAINST U.S. EXECUTION OF GERMAN BROTHERS.
Record ID:
648742
NETHERLANDS: WORLD COURT HEARS CHALLENGE AGAINST U.S. EXECUTION OF GERMAN BROTHERS.
- Title: NETHERLANDS: WORLD COURT HEARS CHALLENGE AGAINST U.S. EXECUTION OF GERMAN BROTHERS.
- Date: 13th November 2000
- Summary: THE HAGUE, THE NETHERLANDS (13 NOVEMBER, 2000) (REUTERS - ACCESS ALL) 1. GV/PAN/CU: EXTERIOR OF WORLD COURT (2 SHOTS) 0.11 2. CU/TILT: PIERRE MARI DUPUY, ONE OF THE GERMAN LAWYERS 0.19 3. MV: REPRESENTATION OF GERMANY HEADED BY DR GERHARD WESTDICKENBERG, DIRECTOR GENERAL LEGAL AFFAIRS AT GERMAN FOREIGN OFFICE 0.24 4. MV: REPRESENTATIVES OF UNITED STATES 0.28 5. MV/PAN: REPRESENTATIVES OF GERMANY 0.34 6. MCU: REPRESENTATIVES OF UNITED STATES 0.38 7. SV: JUDGES ENTERING WORLD COURT 0.43 8. GV/PAN: START OF FIRST HEARINGS 0.53 9. TV: HEARINGS IN PROGRESS 0.57 10. SCU: SOUNDBITE (English) DR GERHARD WESTDICKENBERG SAYING: "We are here today to obtain the decision of the world court on legal issues of great significance. No longer of great significance unfortunately for the LaGrand brothers, but of great significance for consular relations and thus for individuals, but also states worldwide and not just Germany. We are dealing with questions of international law, nothing more but also nothing less." 1.33 11. GV/PAN: PAN FROM JUDGES TO AUDIENCE 1.41 12. MCU: JUDGE 1.46 13. GV: COURT ROOM 1.52 14. MCU: JUDGE GUILLAUME (ON THE RIGHT) PRESIDING OVER THE WORLD COURT IN THE GERMANY VERSUS U.S. CASE 1.58 15. GV/PAN: COURT 2.07 16. CU: (SOUNDBITE) (English) DR. BRUNO SIMMA, PROFFESSOR OF PUBLIC INTERNATIONAL LAW AT UNIVERSITY OF MUNICH SAYING: "If you can get in touch with your consulate, your consulate will help you to obtain adequate legal representation in a trial. That was the problem in the case of the brothers LaGrand, they were not informed about their right even though it was clear, and Arizona knew that they were Germans. So there was a clear breach, they had very inadequate representation and that is what made them end up in this." 2.33 17. VARIOUS: HEARINGS IN PROGRESS (6 SHOTS) 3.16 Initials Script is copyright Reuters Limited. All rights reserved
- Embargoed: 28th November 2000 12:00
- Keywords:
- Location: THE HAGUE, NETHERLANDS
- Country: Netherlands
- Reuters ID: LVA10NS12OOYOM1KH0KYT73BRQ53
- Story Text: Foreigners in the United States run the risk of being
imprisoned or even executed without help from home unless the
World Court forces the United States to respect international
law, Germany said on Monday.
Rights of foreigners to consular access were still
being ignored, just like those of two Germans executed last
year in Arizona, Gerhard Westdickenberg, the director general
of legal affairs for the Federal Foreign Office said on Monday
(November 13) in opening arguments at the International Court
of Justice, the United Nations highest court.
"We are here today to obtain the decision of the world
court on legal issues of great significance. No longer of
great significance unfortunately for the LaGrand brothers, but
of great significance for consular relations and thus for
individuals, but also for states worldwide and not just
Germany," Gerhard Westdickenberg said.
Germany filed its case last year in a last-ditch effort to
halt the execution of German-born Walter LeGrand, arguing
Arizona officials had violated the Vienna Convention by not
informing German consular officials about the arrest and
murder conviction of LeGrand and his brother Karl.
Walter was gassed to death on March 4, 1999, the day after
the World Court issued an emergency order to postpone the
execution until the case could be heard. Karl LeGrand had been
put to death before Germany filed the case.
Since 1998, when the United States pledged to improve
efforts to grant consular access, at least 24 Germans have
been arrested without being informed of their rights, he said.
Under Article 36 of the Vienna Convention, which the
United States and most other nations have signed, authorities
who arrest or detain a foreigner have the obligation to inform
the
persons' country so it can provide assistance.
Quoting Amnesty International, Westdickenberg said 87
foreign nationals were on death row in the United States as of
June 2000. Since 1993, 14 have been executed and the Vienna
Convention was violated in 11 of those cases, he added.
Westdickenberg said although Germany was strongly opposed
to the death penalty, this was not the issue of the case. Each
individual nation had the right to enforce its own laws and
use the ultimate penalty.
"We are dealing with questions of international law,
nothing more, but also nothing less," he said.
It was vital for the future of global legal relations that
the court address the issue of the United States ignoring the
World Courts emergency order in March 1999 and not halting the
execution of Walter LeGrand.
Dr. Bruno Simma, a Professor of Public International Law
said "If you can get in touch with your consulate, your
consulate will help you and get adequate representation in a
trial. That was the problem in the case of the brothers
LaGrand, they were not informed about their right although it
was clear, and Arizona knew, they were Germans. So there was a
clear breach, they had very inadequate representation and that
is what made them end up in this."
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