1926

AT

Neer Claim US v Mexico US Mexican General Claims Commission

Paul Neer was killed in Durango by armed men. The very night of the murder the authorities went to the spot and examine the body, next day the judge examined witnesses. Suspected persons were arrested but released them for lack of evidence. The governor of Durango proposed the removal of the judge in charge of the case on the ground that more vigorous action should have been taken. US claimed that Mexico had failed to exercise the due diligence in finding and prosecuting the murderer of the US national

Property of governmental acts should be put to the test of international standards and (second) that the treatment of an alien in order to constitute an international delinquency should amount to outrage, bad faith, wilful neglect of duty or insufficiency of governmental actions so far short of international standards that every reasonable an impartial man would readily recognise its insufficiency whether the insufficiency proceeds from deficient execution of an intelligent law, or from the fact that the laws of the country do not empower the authorities to measure up to international standards is immaterial. Mexican authorities have shown NO such lack of diligence.