Copyright 2002 The New York Times Company
The New York Times
August 17, 2002 Saturday
Late Edition - Final
SECTION: Section A; Column 1; Editorial Desk; Pg. 10

LENGTH: 392 words

HEADLINE: Texas Executes a Foreigner

BODY:


An international treaty, signed and ratified by the United States, guarantees everyone arrested by a foreign government the right to seek help from the consular post of his own country. Yet Javier Suarez Medina, a Mexican national who killed an undercover policeman during a drug deal in 1988, was never told of this right -- even though, Mexican officials say, he was carrying a green card. The officials say Mexico's consular office was repeatedly told that Mr. Suarez was not Mexican.

On Wednesday, Texas executed Mr. Suarez despite numerous international protests. Vicente Fox, the Mexican president, canceled a trip to Texas later this month. For American citizens, the consequences could come when Washington seeks to help Americans arrested overseas.

Mexico argues that if the consulate had been allowed to help Mr. Suarez, he would have had a better lawyer, which might have won him life in prison instead of the death penalty. Jorge Castaneda, Mexico's foreign minister, also said Mexico was especially disturbed at the lack of a postponement, which would have allowed Mr. Fox to make his trip to Texas and argue in person for a pardon. At least six foreigners -- two Mexicans, a Paraguayan, a Canadian and two Germans -- have been executed in the last few years who did not have access to timely consular services.

During the Clinton administration, when Texas was scheduled to execute a Canadian who had been denied consular attention, Secretary of State Madeleine Albright strongly urged Texas to delay the execution to consider petitions from Canada. In the case of Mr. Suarez, the Bush State Department simply passed the Mexican requests without comment on to Texas.

Washington's dismissal of Mr. Fox has damaged the standing of the most pro-American Mexican president ever and left many Mexicans wondering whether their country is getting enough in return for their president's support of Washington.

Americans get arrested by foreign governments all the time on charges of murder, theft, drug offenses and other ordinary crimes, often in nations where the justice system falls quite a bit short of perfection. To protect their rights, they need help from the American consulate. By executing foreign nationals denied access to consular services, the administration is handing other countries a justification to deny access to Americans.

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LOAD-DATE: August 17, 2002