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I. Avena And Other Mexican Nationals {Mexico V United States Of America), Judgment Of 31 MARCH 2004
Published online by Cambridge University Press: 17 January 2008
Abstract
On 9 January 2003 Mexico instituted proceedings against the United States of America for violations of the Vienna Convention on Consular Relations 1963.1 Mexico based the jurisdiction of theCourt on Article 36(1) of the Statute of the Court which provides that:
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References
1 (1963) 596 UNTS 261.Google Scholar
2 Emphasis added, for the sake of clarity.Google Scholar
3 Provisional Measures, Order of 5 February 2003; see the comment by Ghandhi, S ‘Avena and Other Mexican Nationals (Mexico v The United States of America), Provisional Measures, Order of 5 February 2003’ (2004) 53 ICLQ 738.CrossRefGoogle Scholar
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19 The unchallenged definition of this rule by Mexico stated: ‘a defendant who could have raised, but fails to raise, a legal issue at trial will generally not be permitted to raise it in future proceedings, on appeal or in a petition for a writ of habeas corpus’; the rule requires exhaustion of remedies, inter alia, at the State level and before a habeas corpus motion can be filed with federal courts; judgment, para 111.Google Scholar
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