Juan Garza

By communication dated March 6, 2001 and received by the Commission on the same date, the United States answered that: "Finally, with respect to the Commission's conclusions in Part IV(C)(4) that Mr. Garza's rights to due process and a fair trial under Articles XVIII and XXVI of the American Declaration were violated, we note that these conclusions are in conflict with jurisprudence based on the Eighth Amendment to the U.S. Constitution. This jurisprudence requires the provision of all relevant information to a capital jury before it makes a sentencing determination. Indeed, the Rationale on which the Commission recommends invalidating Garza's death sentence was presented to the appropriate federal courts in collateral review and rejected by them as not affording a basis for relief".

The IACHR analyzed this answer in its Report 52/01, published April 4, 2001, where it said:

This case was also filed to the Inter-American Commission on Human Rights, an independent human rights body of the Organization of American States (OAS). On December 4, 2000, the Commission adopted the merits report 109/00, which was transmitted to the State Department on December 5, 2000. The merits report stated that:

"the Commission considers that the State’s conduct in introducing evidence of unadjudicated foreign crimes during Mr. Garza’s capital sentencing hearing was antithetical to the most basic and fundamental judicial guarantees applicable in attributing responsibility and punishment to individuals for crimes. Accordingly, the Commission finds that the State is responsible for imposing the death penalty upon Mr. Garza in a manner contrary to his right to a fair trial under Article XVIII of the American Declaration, as well as his right to due process of law under Article XXVI of the Declaration. (...) The Commission also concludes that, by sentencing Mr. Garza to death in this manner, and by scheduling his execution for December 12, 2000 and thereby exhibiting its clear intention to implement Mr. Garza's sentence, the State had placed Mr. Garza's life in jeopardy in an arbitrary and capricious manner, contrary to Article I of the Declaration. In addition, to execute Mr. Garza pursuant to this sentence would constitute a further deliberate and egregious violation of Article I of the American Declaration.".

An episode of American TV series The West Wing's first season, "Take This Sabbath Day", deals with the imminent execution of drug lord and murderer Simon Cruz, likewise sentenced under the "Drug Kingpin" Act and to be executed by injection at Terre Haute (for killing two individuals in Michigan), who is described as the first individual to be executed by federal authorities since 1963 (probably alluding to the case of Victor Feguer, who would have been the last before Garza, had not Timothy McVeigh been executed eight days earlier). The episode aired on February 9, 2000, when Garza was on death row and the federal death penalty yet to be re-established in practice.

On July 13, 1999, federal authorities moved Garza, who had committed the crime in Texas but was under a federal death sentence, out of the custody of the Texas Department of Criminal Justice (TDCJ) and into Federal Bureau of Prisons (BOP) custody. Garza was one of three condemned inmates moved from the Texas state male death row on that day due to the opening of the new federal death row wing in USP Terre Haute, Terre Haute, Indiana. Garza had TDCJ ID 999074 and BOP ID# 62728-079. All appeals failed, and on June 19, 2001, Garza was executed at the Federal Correctional Complex, Terre Haute by lethal injection. His execution took place just eight days after the US Federal Government executed domestic terrorist Timothy McVeigh at the same location.

In 1993, Garza was convicted of murdering three people while running a marijuana smuggling and distribution ring based in Brownsville, Texas. He was sentenced to death and appealed on the basis that the jury were allegedly not told that they had the power to recommend life imprisonment instead of the death sentence. Garza's lawyers also claimed that it was unfair that the jury were told that Garza was suspected of four murders in Mexico given that, although a prime suspect in these crimes, he had never been charged with, or convicted of them.

Juan Raul Garza (November 18, 1957 – June 19, 2001) was an American murderer and drug trafficker who was executed for a federal crime.