RESPONSE OF THE GOVERNMENT OF THE UNITED STATES

TO REPORT 109/00, CASE NO. 12.243 (JUAN RAUL GARZA)

            The United States carefully reviewed IACHR Report 109/00 and analyzed its findings. 

            With respect to admissibility, we reiterate the arguments set forth in our response of November 16, 2000, summarized in Part III (B), paragraphs 44-59 of Report 109/00.  Our essential position is that the petitioner failed to establish, among other things: that his rights under the American Declaration were violated; that international law precludes the use of the death penalty; or that there was a violation of either the right to a fair trial or the right to due process of law in relation to his criminal proceeding.  It has been our consistent view that the petition is manifestly groundless. 

            With respect to the Commission’s reference to precautionary measures in Part IV (B), para. 66, we also reiterate our view that the Commission’s authority to request “precautionary measures,” based on Article 29 of the Commission’s regulations, is non-binding in nature. 

            Finally, with respect to the Commission’s conclusions in Part IV (C) (4) that Mr. Garza’s right 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 Eight 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.