We are writing to urge you to commute the death sentences of Karl Hinze LaGrand and Walter Burnhary LaGrand, brothers convicted of the murder of Ken Hartsock during a 1982 bank robbery. Karl LaGrand is scheduled to be executed tomorrow, February 24. His brother's execution is set to follow on March 3, one week later.
We are particulary concerned by reports that these men, both German nationals, were not notified of their right to contact their consulate following their arrest. Consular notification is a right demanded by the United States in order to protect its citizens abroad and is stipulated in the Vienna Convention to which the United States is a party. The Supreme Court recently stayed the execution of another foreign national, and Secretary of State Madeleine Albright voiced her concern that the protections afforded defendants under the Vienna Convention were not being adequately respected.
Last year, a United Nations Special Rapporteur cited the discriminatory and arbitrary nature of the death penalty's application in the United States and the United States' failure to comply with international standards governing the death penalty's use. This echoes the April 1997 call from the American Bar Association for a moratorium on the use of the death penalty, claiming it is administered "through a haphazard maze of unfair practices."
Human Rights Watch is the largest U.S.-based international human rights organization. We oppose capital punishment in all circumstances because of its inherent cruelty. We believe that executions are often carried out in an arbitrary manner, inflicted primarily on the most vulnerable—the poor, minorities, and mentally ill or retarded persons. The intrinsic fallibility of all criminal justice systems assures that even full due process of law is respected, innocent persons are sometimes executed. Therefore, we oppose all executions under law whenever and wherever carried out, irrespective of the crime and the legal process leading to their implementation.
We urge you to grant clemency for Karl Hinze LaGrand and his brother Walter Burnhary LaGrand.
Sincerely,
/s/
Allyson Collins
Senior Researcher
