INTERNATIONAL COURT OF JUSTICE CALLS ON UNITED STATES TO TAKE MEASURES TO PREVENT EXECUTION OF ANGEL BREARD, PENDING FINAL DECISION
Press Release
ICJ/556
INTERNATIONAL COURT OF JUSTICE CALLS ON UNITED STATES TO TAKE MEASURES TO PREVENT EXECUTION OF ANGEL BREARD, PENDING FINAL DECISION
19980409 Paraguay to File Memorial by 9 June; United States Counter-Memorial by 9 SeptemberTHE HAGUE, 9 April -- The International Court of Justice (ICJ) today called on the United States to "take all measures at its disposal" to prevent the execution of Angel Francisco Breard, pending a final decision of the Court in the proceedings instituted by Paraguay. Mr. Breard is a Paraguayan national convicted of murder in Virginia (United States) whose execution is scheduled for 14 April.
In its Order, adopted unanimously, the Court also requested the United States to inform it of all the measures taken in implementation of it.
Paraguay instituted proceedings against the United States on 3 April in a dispute concerning alleged violations of the Vienna Convention on Consular Relations of 24 April 1963. It maintains that Mr. Breard was arrested, tried, convicted and sentenced to death without Virginia advising him of his right to assistance by the consular officers of Paraguay, as required by the Vienna Convention. Accordingly, Paraguay asked the Court to adjudge and declare that it is entitled to restitutio in integrum, that is, the re-establishment of the situation that existed before the United States failed to provide the required notification. In view of the urgency of the case, Paraguay also requested the Court to indicate provisional measures to the effect that the United States should refrain from executing Mr. Breard before the Court could consider Paraguay's claims. Paraguay made clear that it does not seek the release of Mr. Breard.
In the reasoning leading to its decision, the Court finds that the execution of Mr. Breard "would render impossible the ordering by the Court of the relief that Paraguay seeks and thus cause irreparable harm to the rights it claims".
The Court nevertheless points out that the issues before it "do not concern the entitlement of the federal states within the United States to resort to the death penalty for the most heinous crimes" and recalls that its function is "to resolve international legal disputes between States ... and not to act as a court of criminal appeal".
- 2 - Press Release ICJ/556 9 April 1998
It states that "it is appropriate that the Court, with the cooperation of the Parties, ensure that any decision on the merits be reached with all possible expedition".
The Court had established at the outset that a dispute exists prima facie between the Parties as to the application of the Vienna Convention and that it has jurisdiction prima facie to examine it. Paraguay and the United States are both parties to the Vienna Convention and to its Optional Protocol concerning the Compulsory Settlement of Disputes, article I of which provides that "disputes arising out of the interpretation or application of the Convention shall lie within the compulsory jurisdiction of the International Court of Justice".
Time-Limits for Filing of Written Pleadings
Following a meeting with the Parties to consult them on the subsequent procedure, Vice-President Weeramantry, exercising the functions of the presidency in the case, fixed by an Order the time-limits for the filing of written pleadings in the case. Paraguay shall file a Memorial by 9 June and the United States a Counter-Memorial by 9 September.
The Vice-President fixed those time-limits taking into account the agreement between the Parties and the above-mentioned Order on provisional measures issued today.
* *** *