Texas will execute convicted cop killer Edgar Arias Tamayo on Wednesday night despite the fact that the Mexican government has asked for a stay, citing a violation of international law.
Tamayo was arrested for robbery in 1994. While in the back of the patrol car he shot his arresting officer in the back of the head.
Mexico's Foreign Ministry said Sunday that executing Tamayo, now 46, would violate international law because he was never advised that he had the right to contact the Mexican Consulate for help.
"The Mexican government is opposed to the death penalty and has decided to use the necessary resources to protect its citizens who are in danger of receiving this sentence," the ministry said.
Secretary of State John Kerry argued that setting an executed date is "extremely detrimental to the interests of the United States." He worries that the execution will affect how Americans are treated in other countries.
"I want to be clear: I have no reason to doubt the facts of Mr. Tamayo's conviction, and as a former prosecutor, I have no sympathy for anyone who would murder a police officer," Kerry wrote. "This is a process issue I am raising because it could impact the way American citizens are treated in other countries."
Tamayo's attorney has argued that Tamayo is mentally ill, brain-damaged, and developmentally disabled - exactly the kind of person the Vienna Convention is meant to help.
"The Mexican Foreign minister, the U.S. Secretary of State, evangelical and Latino leaders, former Texas Gov. Mark White and legal and international organizations have called on the The Texas Board of Pardon and Paroles and Gov. (Rick) Perry to halt the execution of Mr. Tamayo based on the violation of his consular rights, yet the Texas Board of Pardons has refused to even meet to discuss Mr. Tamayo's clemency petition," attorney Sandra Babcock said in a statement.
"Mr. Tamayo was never informed of his treaty rights at the time of his arrest, and no court has agreed to review that treaty violation and the consequences that it had for his conviction and sentence," she told CNN.