Wednesday, November 15, 2000

Germany accused of putting U.S. justice on trial

Berlin seeks reparations after 2 citizens executed in Arizona

The Associated Press

THE HAGUE - The United States accused Germany yesterday of distorting international law in a deceptive attempt to undermine its right to enforce the death penalty.

U.S. government lawyers asked the World Court, the top judicial branch of the United Nations, to reject Germany's demand for a legal sanction and reparations after two German citizens were executed in Arizona last year.

The move came on the second day of hearings into the case of brothers Walter and Karl LaGrand, put to death for the fatal stabbing of a bank manager near Tucson in 1982.

The case underscored the deep transAtlantic rift over capital punishment, which has been abolished throughout Europe.

Last week, European countries tried in vain to delay a death sentence carried out against a Mexican-born man who murdered a college student in Texas.

James Thessin, the chief U.S. agent to the court, admitted the Arizona authorities violated the Vienna Convention on Consular Relations by failing to inform the LaGrands when they were arrested on Jan. 7, 1982, of their right to help from the German consulate.

He told the 15 justices the United States has formally apologized to the German government.

Nevertheless, he questioned Germany's motives in bringing the case to the international court, suggesting it was a ruse to put the U.S. justice system on trial and "litigate the death penalty under the guise of a violation to that convention."

International law, added Mr. Thessin, a U.S. State Department legal advisor, permits capital punishment "in accordance with due process of the law and stringent procedural safeguards, as is the case in the United States."

He maintained the panel's jurisdiction is limited to interpreting international treaties and it does not have the power to review criminal procedures.

"Germany, in effect, has invited this court to create a new international legal obligation, one that would necessarily intrude deep into the domestic criminal justice system of any state," he said.

Janet Napolitano, the Arizona Attorney-General, also apologized for violating the convention in the LaGrands' detention.

However, she rejected Germany's claims that consular officials could have provided mitigating evidence on their troubled childhood in Germany before they came to the United States with their German mother and stepfather, a U.S. serviceman.

She noted the brothers were born out of wedlock, were neglected by their parents, spent long periods in foster care and were discriminated against because of their mixed-race background.

Nevertheless, she reminded the court of the gravity of the crime. Frustrated by the failure of their robbery attempt, the LaGrands stabbed 63-year-old Kenneth Hartsock 24 times with a letter opener until he died, and wounded a bank teller who lived to testify.

Germany opened its case on Monday by denouncing the death penalty and noting its concern that dozens of foreigners on death row may not have received proper consular representation.

German agent Gerhard Westdickenberg said violations of the Vienna Convention continue despite U.S. promises to improve compliance.