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RAMON MARTINEZ-VILLAREAL

Ramon is a chronically mentally ill, brain-damaged and retarded individual. He is confined under a sentence of death in Arizona and yet he has no rational appreciation of the fact that he has been convicted of murder, that the penalty of death is related to his conviction or that his impending execution will, if allowed to proceed, be final in its nature.

Judges have made compelling statements pertaining to Ramon's mental state:

"This court can only state that its observations of the Petitioner in 1994 called into serious doubt the Petitioner's competence".

"Serious concerns... as to whether Petitioner is presently capable of understanding 1) that he is to be punished by execution, and 2) why he is being punished".

"Credible testimony and medical evidence was presented at the hearing that the defendant may suffer from a mental illness, mental retardation and /or organic brain damage".

Because of his disabilities, Ramon is not capable of understanding any legal or factual issues relating to his sentence of death, nor can he assist counsel or comprehend reasons why his sentence of death should not be carried out. As a result, he lacked and continues to lack the ability to participate in his appeal or in the clemency process, and is incapable of communicating facts helpful to him or of making rational and intelligent decisions concerning issues surrounding his sentence of death.

On November 24, 1982, Ramon was arrested by the Santa Cruz County Sheriff's Office for burglary and murder. Ramon is a citizen of the United Mexican States, and was guaranteed rights under the treaties of the United States of America, including the Vienna Convention on consular Relations.

The State of Arizona was aware at or about the time of Ramon's arrest that Ramon was a Mexican citizen. Furthermore, prior to Ramon's arrest and prosecution, the United States Department of State had , by way of periodic printed notices, informed state officials of the duties that the Vienna Convention imposed upon them. As a result, state officials were on notice as to their duty to inform any detained citizen of a nation party to the Vienna Convention, without delay, of their right to seek the assistance of their national consular office.

Upon his arrest and interrogation, and throughout all subsequent court proceedings, the State of Arizona disregarded its aforementioned international treaty obligation. Ramon who is mentally retarded and illiterate was never informed of his rights to seek the assistance of the Mexican Consular Office in dealing with the charges made against him by the state of Arizona.

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