The Inter-American Commission on Human Rights (IACHR) urges the United States of America to refrain from applying the death penalty imposed on Melissa Lucio

05-05-2022

Clea Strydom

International Justice Researcher,

Global Human Rights Defence. 

On April 22nd, 2022 the Inter-American Commission on Human Rights (IACHR) urged the United States of America to refrain from applying the death penalty imposed on Melissa Lucio, set for April 27, 2022. Melissa Lucio, and has been held in Texas on death row, in solitary confinement, for 14 years, after being convicted of pushing her youngest daughter down the stairs, which resulted in her death. Cornell Law School (“the applicants”) applied to IACHR On December 20, 2021, urging them to require that the United States of America adopt the necessary measures to protect the rights of Melissa Lucio. The applicants alleged violations of Article I (right to life, liberty and personal security), Article II (right to equality before the law), Article VII (right of the child to special protection), Article XVIII (right to a fair trial), Article XXV (right to humane treatment in custody) and Article XXVI (right to due process of law and right not to receive cruel, infamous or unusual punishment) of the American Declaration of the Rights and Duties of Man (“American Declaration”). 

Melissa had suffered physical, emotional, and sexual abuse her whole life at the hands of her mother’s partners, and then her own two partners, the first of whom she married at 16. She had 12 children, 5 with her first husband who abandoned them, and the younger 7 with her second partner. Melissa was also addicted to cocaine and had several miscarriages. At various points, Melissa and her children were homeless, lived in a park, and relied on food banks and the school for the children’s meals and hygiene needs. Ms. Lucio was diagnosed with Cocaine Abuse and Dysthymic Disorder, a “chronic mood disorder”. On February 15th, 2007, Melissa’s youngest daughter fell down the stairs and while her injuries did at first not appear serious, she passed away to days later. The application alleged that Melissa only confessed “I guess I did it” after suffering abusive, aggressive, and coercive interrogation techniques from the police.  The applicants also alleged that Ms. Lucio did not receive a fair trial because she was not given adequate legal representation and the court excluded vital information in her defense while accepting erroneous evidence from the prosecution as proof of her guilt. Furthermore, Ms. Lucio has been kept in solitary confinement for 14 years, violating her rights. 

Based on the above and other information presented by the applicants the IACHR requested the United States to adopt the necessary measures to protect the life and personal integrity of Melissa Lucio; refrain from carrying out the death penalty on Ms. Lucio until the Commission could consider her petition; and ensure that Ms. Lucio’s detention conditions are consistent with international standards, giving special consideration to her personal conditions. In requesting that the United States refrain from applying the death penalty to Ms Lucio, they reiterated their concerns that the application of the death penalty entails the risk of executing innocent people, the arbitrariness and injustice in the application of this penalty, and the inhuman treatment that characterizes the stay on death row. The IACHR has repeatedly called on the elimination of the death penalty, or alternatively, to impose a moratorium on executions as a step towards its gradual abolition.

Sources and further readings:

Organisation of American States (April 22, 2022). IACHR urges the United States to refrain from applying the death penalty on Melissa Lucio, beneficiary of precautionary measures. https://www.oas.org/en/IACHR/jsForm/?File=/en/iachr/media_center/PReleases/2022/087.asp

Inter-American Commission on Human Rights Resolution (February 18, 2022). Resolution 10/2022, Precautionary Measure No. 1170-21, Melissa Lucio regarding the United States of America. https://www.oas.org/en/iachr/decisions/mc/2022/res_10-22_mc_1170-21_us_en.pdf

Inter-American Commission on Human Rights Resolution (December 31, 2011). The Death Penalty in the Inter‐American Human Rights  System : from Restrictions to Abolition. https://www.oas.org/en/iachr/docs/pdf/deathpenalty.pdf