Forward Thinking

Texas Death Row Snares Americans in Iran, Cuba

By J.J. Goldberg

You’ve probably heard by now of Shane Bauer and Joshua Fattal, the American students imprisoned and abused in Iran for two years, virtually incommunicado, on flimsy espionage charges until they were finally “bailed out” (read: ransomed) by Oman and released last month.

You may also know about Alan Gross, the ailing American computer specialist arrested in Cuba in 2009 and sentenced to 15 years on sedition charges for helping to set up Internet access for the Cuban Jewish community. He too has had very limited access to the outside world — only four consular visits in two years — despite Cuba’s treaty obligations under the 1963 Vienna Convention on Consular Relations, which requires that imprisoned foreign nationals be allowed access to and assistance from their country’s diplomats.

Unfortunately, as NYU political scientist Louis Klarevas pointed out in a post this week on ForeignPolicy.com, it’s been hard for the United States to insist on its right to defend its citizens abroad, because we are one of the major violators of that very treaty. Our law enforcement authorities routinely ignore their obligation to inform prisoners of their consular rights, despite repeated protests — not just from Iran and Cuba but from Britain, Canada, the European Union, Germany, Mexico, and Paraguay. In fact, we lead the world in executing foreign nationals without allowing them access to their consular representatives. According Klarevas, a counter-terrorism expert,

out of at least 160 capital cases in which a foreign national was sentenced to death in the United States, only seven — less than 5 percent — were in full compliance with the VCCR’s requirements.

What’s more, Klarevas reports, citing the Washington-based Death Penalty Information Center,

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