THIS is the text of a letter sent to the attorney-general (copied to the prime minister, the minister of foreign affairs and the Jamaican ambassador to Washington:

We write regarding Jamaican national, Lee Boyd Malvo (also known as John Lee Malvo), who is currently jointly facing capital charges in Virginia, United States, for a series of sniper killings which took place in several states.

If convicted, 17 year-old Mr Malvo could receive a sentence that contravenes international law prohibiting the execution of juvenile offenders, that is, those convicted of crimes committed when they were under the age of 18.

It is of great concern that the state of Virginia has apparently been selected to try him specifically because the age limit there for death penalty eligibility is 16.

Moreover, we understand that Mr Malvo was interrogated and allegedly gave a confession to Virginian police at a time when his legal representative was not present, and that during this period his court-appointed guardian was denied access to him.

You will be aware that in the past the United States has not always complied with its Vienna Convention on Consular Relations (VCCR) obligations concerning the treatment of foreign nationals. In June 2001, the International Court of Justice (ICJ) upheld a complaint lodged by the Federal Republic of Germany that the United States had failed to notify "without delay" two German nationals charged with capital offences of their right to consular assistance. The ICJ also upheld a complaint that the United States had failed to notify the German consul of their detention. The German nationals were consequently deprived of the assistance to which they were entitled, and were later executed.

We should be grateful if you would confirm that the Jamaican consul has been informed of Mr Malvo's detention and the charges he faces, in accordance with the mandatory requirements of the bilateral consular agreement between Jamaica and the United States, and Article 37 of the VCCR, to which Jamaica became a party on February 9, 1976.

We should also be grateful for your confirmation that the United States authorities have informed Mr Malvo of his rights to consular assistance, in accordance with Article 36 of the VCCR.

Finally, Mr Malvo is a vulnerable minor facing extremely serious charges which, if he is convicted, could result in his execution. We therefore seek your urgent assurance that the Jamaican consul is providing him with every possible assistance as required under Article 5(h) of the VCCR, which states that consular duties include "safeguarding, within the limits imposed by the laws and regulations of the receiving State, the interests of minors and other persons lacking full capacity who are nationals of the sending State, particularly where any guardianship or trusteeship is required with respect to such persons".

Thank you for your attention and we look forward to your early reply

Media note:

Malvo (and anyone else) is entitled to consular notification and assistance even if they have entered the country illegally.

Caribbean Justice is a voluntary organisation with headquarters in the UK and which campaigns for an end to the death penalty in the English-speaking Caribbean. Its patrons are Tony Benn, Sir Ludovic Kennedy and Benjamin Zephaniah.

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