Juan Garza
Encyclopedia
Juan Raul Garza was an American
murder
er and drug trafficker
who was executed for a federal crime
.
smuggling and distribution ring based in Brownsville, Texas
. He was sentenced to death and appealed on the basis that the jury
were apparently not told that they had the power to recommend life imprisonment
instead of the death sentence
. Garza's lawyers also claimed that it was unfair that the jury were told that Garza was suspected of four murders in Mexico
given that, although a prime suspect in these crimes, he had never been charged or convicted of them. On July 13, 1999, federal authorities moved Garza, who had committed the crime in Texas but was under a federal death sentence, out of the custody of the Texas Department of Criminal Justice
(TDCJ) and into Federal Bureau of Prisons
(BOP) custody. Garza was one of three condemned inmates moved from the Texas state male death row on that day due to the opening of the new federal death row wing in Terre Haute, Indiana
. Garza had the TDCJ ID 999074. Garza had the BOP ID# 62728-079. All appeals failed, and on June 19, 2001, Garza was executed at the Federal Correctional Complex, Terre Haute
by lethal injection.
"the Commission considers that the State’s conduct in introducing evidence of unadjudicated foreign crimes during Mr. Garza’s capital sentencing hearing was antithetical to the most basic and fundamental judicial guarantees applicable in attributing responsibility and punishment to individuals for crimes. Accordingly, the Commission finds that the State is responsible for imposing the death penalty upon Mr. Garza in a manner contrary to his right to a fair trial under Article XVIII of the American Declaration, as well as his right to due process of law under Article XXVI of the Declaration. (...) The Commission also concludes that, by sentencing Mr. Garza to death in this manner, and by scheduling his execution for December 12, 2000 and thereby exhibiting its clear intention to implement Mr. Garza's sentence, the State had placed Mr. Garza's life in jeopardy in an arbitrary and capricious manner, contrary to Article I of the Declaration. In addition, to execute Mr. Garza pursuant to this sentence would constitute a further deliberate and egregious violation of Article I of the American Declaration.".
Based on these conclusions, the Inter-American Commission on Human Rights (IACHR) recommended to: "Provide Mr. Garza with an effective remedy, which includes commutation of sentence" and "Review its laws, procedures and practices to ensure that persons who are accused of capital crimes are tried and, if convicted, sentenced in accordance with the rights established in the American Declaration, including Articles I, XVIII and XXVI of the Declaration, and in particular by prohibiting the introduction of evidence of unadjudicated crimes during the sentencing phase of capital trials".
By communication dated March 6, 2001 and received by the Commission on the same date, the United States answered that:
"Finally, with respect to the Commission's conclusions in Part IV(C)(4) that Mr. Garza's rights to due process and a fair trial under Articles XVIII and XXVI of the American Declaration were violated, we note that these conclusions are in conflict with jurisprudence based on the Eighth Amendment to the U.S. Constitution. This jurisprudence requires the provision of all relevant information to a capital jury before it makes a sentencing determination. Indeed, the rationale on which the Commission recommends invalidating Garza's death sentence was presented to the appropriate federal courts in collateral review and rejected by them as not affording a basis for relief".
The IACHR analyzed this answer in its Report 52/01, published April 4, 2001, where it said:
"The Commission, based upon the foregoing considerations of fact and law, and in light of the response of the State to Report 109/00, hereby ratifies its conclusion that the State is responsible for violations of Articles I, XVIII and XXVI of the American Declaration in condemning Juan Raul Garza to the death penalty. The Commission also hereby ratifies its conclusion that the United States will perpetrate a grave and irreparable violation of the fundamental right to life under Article I of the American Declaration, should it proceed with Mr. Garza's execution based upon the criminal proceedings under consideration". On these basis, the IACHR reiterated the recommendations to the US Government.
United States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
murder
Murder
Murder is the unlawful killing, with malice aforethought, of another human being, and generally this state of mind distinguishes murder from other forms of unlawful homicide...
er and drug trafficker
Illegal drug trade
The illegal drug trade is a global black market, dedicated to cultivation, manufacture, distribution and sale of those substances which are subject to drug prohibition laws. Most jurisdictions prohibit trade, except under license, of many types of drugs by drug prohibition laws.A UN report said the...
who was executed for a federal crime
Federal crime
In the United States, a federal crime or federal offense is a crime that is made illegal by U.S. federal legislation. In the United States, criminal law and prosecution happen at both the federal and the state levels; thus a “federal crime” is one that is prosecuted under federal criminal law, and...
.
History
In 1993, Garza was convicted of murdering three people while running a marijuanaCannabis (drug)
Cannabis, also known as marijuana among many other names, refers to any number of preparations of the Cannabis plant intended for use as a psychoactive drug or for medicinal purposes. The English term marijuana comes from the Mexican Spanish word marihuana...
smuggling and distribution ring based in Brownsville, Texas
Brownsville, Texas
Brownsville is a city in the southernmost tip of the state of Texas, in the United States. It is located on the northern bank of the Rio Grande, directly north and across the border from Matamoros, Tamaulipas, Mexico. Brownsville is the 16th largest city in the state of Texas with a population of...
. He was sentenced to death and appealed on the basis that the jury
Jury
A jury is a sworn body of people convened to render an impartial verdict officially submitted to them by a court, or to set a penalty or judgment. Modern juries tend to be found in courts to ascertain the guilt, or lack thereof, in a crime. In Anglophone jurisdictions, the verdict may be guilty,...
were apparently not told that they had the power to recommend life imprisonment
Life imprisonment
Life imprisonment is a sentence of imprisonment for a serious crime under which the convicted person is to remain in jail for the rest of his or her life...
instead of the death sentence
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
. Garza's lawyers also claimed that it was unfair that the jury were told that Garza was suspected of four murders in Mexico
Mexico
The United Mexican States , commonly known as Mexico , is a federal constitutional republic in North America. It is bordered on the north by the United States; on the south and west by the Pacific Ocean; on the southeast by Guatemala, Belize, and the Caribbean Sea; and on the east by the Gulf of...
given that, although a prime suspect in these crimes, he had never been charged or convicted of them. On July 13, 1999, federal authorities moved Garza, who had committed the crime in Texas but was under a federal death sentence, out of the custody of the Texas Department of Criminal Justice
Texas Department of Criminal Justice
The Texas Department of Criminal Justice is a department of the government of the state of Texas. The TDCJ is responsible for statewide criminal justice for adult offenders, including managing offenders in state prisons, state jails and private correctional facilities, funding and certain...
(TDCJ) and into Federal Bureau of Prisons
Federal Bureau of Prisons
The Federal Bureau of Prisons is a federal law enforcement agency subdivision of the United States Department of Justice and is responsible for the administration of the federal prison system. The system also handles prisoners who committed acts considered felonies under the District of Columbia's...
(BOP) custody. Garza was one of three condemned inmates moved from the Texas state male death row on that day due to the opening of the new federal death row wing in Terre Haute, Indiana
Terre Haute, Indiana
Terre Haute is a city and the county seat of Vigo County, Indiana, United States, near the state's western border with Illinois. As of the 2010 census, the city had a total population of 60,785 and its metropolitan area had a population of 170,943. The city is the county seat of Vigo County and...
. Garza had the TDCJ ID 999074. Garza had the BOP ID# 62728-079. All appeals failed, and on June 19, 2001, Garza was executed at the Federal Correctional Complex, Terre Haute
Federal Correctional Complex, Terre Haute
The Federal Correctional Complex, Terre Haute, is a federal prison for adult males located at the intersection of State Road 63 and Springhill Drive, two miles south of Terre Haute, Indiana United States...
by lethal injection.
Case to the Inter-American Commission on Human Rights (IACHR)
This case was also filed to the Inter-American Commission on Human Rights, an independent human rights body of the Organization of American States (OAS). On December 4, 2000, the Commission adopted the merits report 109/00, which was transmitted to the State Department on December 5, 2000. The merits report stated that:"the Commission considers that the State’s conduct in introducing evidence of unadjudicated foreign crimes during Mr. Garza’s capital sentencing hearing was antithetical to the most basic and fundamental judicial guarantees applicable in attributing responsibility and punishment to individuals for crimes. Accordingly, the Commission finds that the State is responsible for imposing the death penalty upon Mr. Garza in a manner contrary to his right to a fair trial under Article XVIII of the American Declaration, as well as his right to due process of law under Article XXVI of the Declaration. (...) The Commission also concludes that, by sentencing Mr. Garza to death in this manner, and by scheduling his execution for December 12, 2000 and thereby exhibiting its clear intention to implement Mr. Garza's sentence, the State had placed Mr. Garza's life in jeopardy in an arbitrary and capricious manner, contrary to Article I of the Declaration. In addition, to execute Mr. Garza pursuant to this sentence would constitute a further deliberate and egregious violation of Article I of the American Declaration.".
Based on these conclusions, the Inter-American Commission on Human Rights (IACHR) recommended to: "Provide Mr. Garza with an effective remedy, which includes commutation of sentence" and "Review its laws, procedures and practices to ensure that persons who are accused of capital crimes are tried and, if convicted, sentenced in accordance with the rights established in the American Declaration, including Articles I, XVIII and XXVI of the Declaration, and in particular by prohibiting the introduction of evidence of unadjudicated crimes during the sentencing phase of capital trials".
By communication dated March 6, 2001 and received by the Commission on the same date, the United States answered that:
"Finally, with respect to the Commission's conclusions in Part IV(C)(4) that Mr. Garza's rights to due process and a fair trial under Articles XVIII and XXVI of the American Declaration were violated, we note that these conclusions are in conflict with jurisprudence based on the Eighth Amendment to the U.S. Constitution. This jurisprudence requires the provision of all relevant information to a capital jury before it makes a sentencing determination. Indeed, the rationale on which the Commission recommends invalidating Garza's death sentence was presented to the appropriate federal courts in collateral review and rejected by them as not affording a basis for relief".
The IACHR analyzed this answer in its Report 52/01, published April 4, 2001, where it said:
"The Commission, based upon the foregoing considerations of fact and law, and in light of the response of the State to Report 109/00, hereby ratifies its conclusion that the State is responsible for violations of Articles I, XVIII and XXVI of the American Declaration in condemning Juan Raul Garza to the death penalty. The Commission also hereby ratifies its conclusion that the United States will perpetrate a grave and irreparable violation of the fundamental right to life under Article I of the American Declaration, should it proceed with Mr. Garza's execution based upon the criminal proceedings under consideration". On these basis, the IACHR reiterated the recommendations to the US Government.
See also
- List of individuals executed by the United States
- Capital punishment in the United StatesCapital punishment in the United StatesCapital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...
External links
- Juan Raul Garza. The Clark County Prosecuting Attorney. Retrieved on 2007-11-15.
- IACHR Report 52/01 Case 12.234, Juan Raul Garza, USA. Official report of the Inter-American Commission on Human Rights of the Organization of American States
- "DATE SET FOR FIRST FEDERAL EXECUTION SINCE 1963." Federal Bureau of PrisonsFederal Bureau of PrisonsThe Federal Bureau of Prisons is a federal law enforcement agency subdivision of the United States Department of Justice and is responsible for the administration of the federal prison system. The system also handles prisoners who committed acts considered felonies under the District of Columbia's...
. May 26, 2000. - http://www.clarkprosecutor.org/html/death/US/garza720.htm