The Honorable George W. Bush
Governor of Texas
Office of the Governor
State Capitol
P.O. Box 12428
Austin, TX 78711

via facsimile: (512) 463-1849

Dear Governor Bush:

We are concerned by reports that Texas authorities failed to advise Mr. Flores of his right to seek the assistance of his consulate, violating the Vienna Convention on Consular Relations ratified by the United States in 1969. The Mexican government has stated that if it had been notified of the case, it would have helped Mr. Flores hire a lawyer and arrange for family members to testify on his behalf. Instead, Mr. Flores' court-appointed lawyer reportedly failed to provide any character witnesses or mitigating evidence and, in fact, did not even speak Spanish.

The Mexican government has lodged a formal protest with the U.S. Department of State and has met with Texas officials, including Board of Pardons and Paroles chairman Gerald Garrett, in an attempt to secure clemency for Mr. Flores. State Department officials have conceded possible Vienna Convention violations and this week urged Texas officials to review Mr. Flores' case. Expressing similar concerns, the European Union's Delegation of the European Commission has sought a halt to the execution.

We are also deeply troubled by the increasing reliance on capital punishment in Texas despite the serious questions regarding its administration raised in recent months. A new report by the Texas Defender Service underscores problems in your state's application of the death penalty, including prosecutorial misconduct, false testimonies from the police, racial disparities in sentencing, the execution of the mentally retarded, and inadequate defense counsel for the indigent. An earlier study by the Chicago Tribune highlighted many of these issues as well. Nevertheless, Texas continues to lead the nation in executions; this year, Texas has executed thirty-four persons, only one less person than in 1999. If the remaining executions scheduled for 2000 are carried out, Texas will have executed forty-four persons by the year's end. In fact, Texas has executed more persons in the past five years than any other single U.S. state has executed in over more than two decades.

Human Rights Watch is a 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 when 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 to Mr. Flores, or to stay his execution if the Board of Pardons and Paroles fails to recommend that his death sentence be commuted.

Sincerely,