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Wednesday, 27 June, 2001, 12:58 GMT 13:58 UK
World Court rules against US
![]() The court criticised the US but doubted the problem would recur
The World Court has ruled against the United States for ignoring the international legal rights of two German-born brothers executed for murder in Arizona.
Germany filed a case with the court, arguing that US officials had violated the Vienna Convention by not informing German consular officials of the arrest and conviction of the brothers. Germany said the lack of consular representation might have cost the brothers their lives. The US did not deny having violated the convention, but said the brothers had received a fair trial and 15 years of appeals. Washington apologised to Germany for failing to notify the consulate. Bungled robbery Walter and Karl LaGrand were convicted of murdering a bank manager in a 1982 robbery.
Walter was gassed to death in March 1999, despite an emergency order from the World Court to stop his execution. Karl was executed before Germany filed the case. In its 14-1 ruling on Wednesday, the World Court also asserted that its provisional orders to national courts are legally binding - a landmark statement. The court criticised the state of Arizona for ignoring its order to delay the execution of Walter LaGrand until it could hear Germany's case. New measures The brothers first informed the German consul about their case in 1992 - when "all legal avenues had been exhausted", Germany says. The World Court accepted the US argument that it had established a department to deal with consular issues affecting foreigners arrested under US law. It said that the department "must be regarded as meeting Germany's request for general assurance" that the problem will not occur again. The case was unusual in that it pitted two allies against each other. Most cases that go before the UN's highest legal body involve opponents who cannot work their difficulties out behind closed doors. Correspondents say that the tension between the US and Europe over the death penalty may have prompted Germany to take the case to court. The Court ordered the US to review the convictions of all German nationals on Death Row in cases where their consular rights have not been respected. The BBC correspondent at the Hague says the US may choose how this review may be done. She said as a result it is not clear yet if it will mean a posthumous reprieve for either of the LaGrand brothers. |
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