SPEAKERS CONTENTS INSERTS
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48–706 CC
1998
H. CON. RES. 254, CALLING FOR THE EXTRADITION OF JOANNE CHESIMARD FROM CUBA: AND H. RES. 421, REGARDING THE MURDER OF BISHOP JUAN GERARDI OF GUATEMALA
MARKUP
BEFORE THE
SUBCOMMITTEE ON THE WESTERN HEMISPHERE
OF THE
COMMITTEE ON
INTERNATIONAL RELATIONS
HOUSE OF REPRESENTATIVES
ONE HUNDRED FIFTH CONGRESS
SECOND SESSION
MAY 13, 1998
Printed for the use of the Committee on International Relations
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COMMITTEE ON INTERNATIONAL RELATIONS
BENJAMIN A. GILMAN, New York, Chairman
WILLIAM GOODLING, Pennsylvania
JAMES A. LEACH, Iowa
HENRY J. HYDE, Illinois
DOUG BEREUTER, Nebraska
CHRISTOPHER SMITH, New Jersey
DAN BURTON, Indiana
ELTON GALLEGLY, California
ILEANA ROS-LEHTINEN, Florida
CASS BALLENGER, North Carolina
DANA ROHRABACHER, California
DONALD A. MANZULLO, Illinois
EDWARD R. ROYCE, California
PETER T. KING, New York
JAY KIM, California
STEVEN J. CHABOT, Ohio
MARSHALL ''MARK'' SANFORD, South Carolina
MATT SALMON, Arizona
AMO HOUGHTON, New York
TOM CAMPBELL, California
JON FOX, Pennsylvania
JOHN McHUGH, New York
LINDSEY GRAHAM, South Carolina
ROY BLUNT, Missouri
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KEVIN BRADY, Texas
LEE HAMILTON, Indiana
SAM GEJDENSON, Connecticut
TOM LANTOS, California
HOWARD BERMAN, California
GARY ACKERMAN, New York
ENI F.H. FALEOMAVAEGA, American Samoa
MATTHEW G. MARTINEZ, California
DONALD M. PAYNE, New Jersey
ROBERT ANDREWS, New Jersey
ROBERT MENENDEZ, New Jersey
SHERROD BROWN, Ohio
CYNTHIA A. McKINNEY, Georgia
ALCEE L. HASTINGS, Florida
PAT DANNER, Missouri
EARL HILLIARD, Alabama
BRAD SHERMAN, California
ROBERT WEXLER, Florida
STEVE ROTHMAN, New Jersey
BOB CLEMENT, Tennessee
BILL LUTHER, Minnesota
JIM DAVIS, Florida
RICHARD J. GARON, Chief of Staff
MICHAEL H. VAN DUSEN, Democratic Chief of Staff
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Subcommittee on the Western Hemisphere
ELTON GALLEGLY, California, Chairman
CASS BALLENGER, North Carolina
MARSHALL ''MARK'' SANFORD, South Carolina
CHRISTOPHER H. SMITH, New Jersey
DAN BURTON, Indiana
ILEANA ROS-LEHTINEN, Florida
JAY KIM, California
ROY BLUNT, Missouri
KEVIN BRADY, Texas
GARY L. ACKERMAN, New York
MATTHEW MARTINEZ, California
ROBERT E. ANDREWS, New Jersey
ROBERT MENENDEZ, New Jersey
CYNTHIA A. McKINNEY, Georgia
BRAD SHERMAN, California
VINCE MORELLI, Subcommittee Staff Director
PAUL BONICELLI, Professional Staff Member
DAVID ADAMS, Democratic Professional Staff Member
LAURAJANE RAMIREZ, Staff Associate
C O N T E N T S
Markup of H. Res. 421
Markup of H. Con. Res. 254
APPENDIX
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H. Res. 421, reprint of
Amendments to H. Res. 421, reprint of, offered by Mr. Gallegly of California
H. Con. Res. 254, reprint of
Amendments to H. Con. Res. 254, reprint of, offered by Mr. Smith of New Jersey
MARKUP OF H. CON. RES. 254, CALLING FOR THE EXTRADITION OF JOANNE CHESIMARD FROM CUBA: AND H. RES. 421, REGARDING THE MURDER OF BISHOP JUAN GERARDI OF GUATEMALA
WEDNESDAY, MAY 13, 1998
House of Representatives,
Subcommittee on Western Hemisphere,
Committee on International Relations,
Washington, DC.
The Subcommittee met, pursuant to notice, at 1:30 p.m. in room 2255, Rayburn House Office Building, Hon. Elton Gallegly (chairman of the Subcommittee) presiding.
Mr. GALLEGLY. The Subcommittee will come to order.
The clerk will report the first measure.
Ms. RAMIREZ. House Resolution 421.
Mr. GALLEGLY. I ask unanimous consent the bill be considered as read and open for amendment at any time.
[The bill appears in the appendix.]
Mr. GALLEGLY. In December, 1996, the Government of Guatemala and representatives of the UNRG signed a historic peace agreement ending some 36 years of armed confrontation.
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Since that historic day, peace and the implementation of the peace accords, especially with respect to the political stability, national reconciliation, the observance of human rights and freedom of expression, have made significant gains in Guatemala. In fact, in recognition of the progress being made on human rights, the U.N. Human Rights Commission recently removed Guatemala from its list of countries under observation for abuses.
Unfortunately, the progress and peace in Guatemala was rudely shattered on April 26 when Roman Catholic Bishop Juan Gerardi, a leading human rights crusader and author of the recently released report detailing the human rights abuses committed during the years of conflict, was brutally and senselessly murdered outside his residence in Guatemala City. This murder has shocked the people of Guatemala and has called into question the success of the peace accords in helping to change national attitudes toward human rights.
H.R. 421, introduced by our colleague, Kevin Brady of Texas, expresses our outrage over this murder and calls on the Government of Guatemala to do everything in its power to resolve this crime and bring those responsible to swift justice. I want to commend President Arzu for acting quickly to establish a high-level commission to help in the investigation, which we all hope will receive the strong support and cooperation of the police and the military.
Equally important, however, is that this bill calls on the government and people of Guatemala not to give up on the peace and reconciliation process and to make a renewed commitment to carry out the provisions of the peace accords despite this tragic and unfortunate setback.
I urge my colleagues to pass this resolution.
Are there any other Members wishing to be recognized?
Mr. Brady.
Mr. BRADY. Thank you, Mr. Chairman. I appreciate your support as well as other Members of this Subcommittee such as Representative Chris Smith, who cosponsored this important legislation.
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I introduced H.R. 421 to bring attention to a serious matter that occurred in Guatemala, as you described. I believe this resolution is self-explanatory, so I'll briefly recap what happened.
Late in the evening on Sunday, April the 26th of 1998, Bishop Gerardi was brutally bludgeoned to death in his garage as he returned from his usual Sunday night dinner with his sister and family. Specifically, the skull of Bishop Gerardi was crushed by a wedge of concrete. The autopsy revealed the bishop had been bashed in the head and face at least 17 times.
Mr. Chairman, the bishop's face was bashed in so badly that another priest living in the church's compound could only recognize him by a ring on one of his fingers.
This attack occurred just 2 days after Bishop Gerardi, one of Guatemala's foremost human rights activists, released a report providing the most extensive account of human rights atrocities committed during the 36-year civil war that plagued Guatemala until the peace accords were signed in December 1996. One aspect of that agreement called for the conflict to be investigated to determine the truth for historical purposes. This effort was headed up by Bishop Gerardi.
This report indicated that, while both the Guatemalan military and the guerillas committed war crimes, the military was responsible for most of the deaths—almost 80 percent of the 150,000—that is 150,000—unarmed civilians killed during the civil war and for the disappearance of at least 50,000 more. Additionally, the document also detailed how at least 1.4 million people were victimized to varying degrees.
I am pleased that almost immediately after word of this attack became public Guatemalan President Arzu formed a commission to investigate the bishop's death and that a suspect had been indicted for this heinous crime. Furthermore, I am glad that last week the FBI testified before us that they sent several people to Guatemala to assist in this investigation. I believe the U.S. Government should provide the necessary support to help the Guatemalan Government solve this murder, to bring to justice those responsible for committing it, and to continue implementation of the peace accords. It is critical because the question is not who killed the Bishop but on whose behalf was the Bishop killed.
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So, Mr. Chairman, we should not let the murder of this one courageous man destroy the peace that so many people worked so hard to bring about.
Thank you, Mr. Chairman. I yield back the balance of my time.
Mr. GALLEGLY. Thank you, Mr. Brady.
Mr. SMITH. Thank you very much, Mr. Chairman.
I want to thank Mr. Brady for this excellent resolution, H. Res. 421.
I know the great work that has been done by President Arzu hopefully will not be undone by this absolutely senseless murder of a great Guatemalan bishop. Human rights, obviously, have been advanced over the last several months and especially with President Arzu. I was down there right after he was sworn in, and he sat in excess of a hundred generals and colonels and others in the military who were responsible for many of these killings, and there was even an attempt on his life during the time period that I was down there.
There are those who still harbor a great deal of hate. And certainly when you have a whistleblower, a man who has given his life like Bishop Gerardi to advancing the cause of justice and peace and human rights, there is a situation here that just cries out for reconciliation and for getting to who the perpetrators were.
So I want to thank Mr. Brady for giving us a chance to go on record in favor of an all-out full court press investigation and in solidarity with the government and people in trying to get to the bottom of it.
Mr. BLUNT. [Presiding.] Thank you, Mr. Smith.
I want to associate myself with the remarks of Mr. Brady and Mr. Smith and certainly thank Mr. Brady for drafting and pursuing this resolution and pursuing an answer to the questions that need to be answered about this atrocity.
Are there any amendments to the bill?
Mr. BRADY. Mr. Chairman, I understand there is an amendment.
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Mr. BLUNT. There is, and the Chair would offer an en bloc amendment.
The clerk will read the amendment.
Ms. RAMIREZ. Amendment to House Resolution 421 offered by Mr. Gallegly of California.
Mr. BLUNT. I ask unanimous consent that the amendment be considered as read.
[The amendment appears in the appendix.]
Mr. BLUNT. And Mr. Gallegly's statement I would like to put in the record for him, but I will go ahead and read it just to clarify the amendments.
These two amendments are technical in nature and were brought to my attention in part by the Ranking Member, Mr. Ackerman, and in part by the Department of State.
The thrust of the Ranking Member's change is to clarify that the police and the military in Guatemala should publicly denounce the murder of Bishop Gerardi and pledge to fully cooperate with the investigation.
The Department's recommendation was to tone down what the overall impact of the murder will have on the peace accords themselves as opposed to the impact it will have on the willingness of the people of Guatemala to respect human rights and the freedom of expression.
I urge passage of the amendments en bloc.
Are there any other comments on the amendments?
Mr. BRADY. Mr. Chairman, I am pleased to support this amendment; and I also want to thank the Ranking Member, Mr. Ackerman, for pointing out the need for this amendment which I believe helps make the resolution stronger.
Thank you. I yield back the balance of my time.
Mr. BLUNT. Do you have any statements or comments on the two en bloc amendments?
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Mr. MENENDEZ. No, I support them.
I just want to also commend the sponsor of the resolution. I am very happy to have joined with him as one of the original co-sponsors, and I look forward to working with him on passage on the floor.
Mr. BLUNT. If there are no other comments, the question is on the amendments en bloc.
All those in favor of the amendments, say aye. All those opposed, no.
The ayes have it, and the amendment is agreed to.
Any further amendments to the bill?
If not, the question is on passage of House Resolution 421, as amended.
As many are in favor, say aye. Those opposed, no.
The ayes have it, and the bill is passed as amended and referred to the Full Committee.
The clerk will report the second measure, House Concurrent Resolution 254.
Ms. RAMIREZ. House Concurrent Resolution 254, calling on the government——
Mr. BLUNT. I ask unanimous consent that the bill be considered read and open for amendment.
[The bill appears in the appendix.]
Mr. SMITH. Mr. Chairman, I have an amendment.
Mr. BLUNT. All right.
Let me go ahead and read Chairman Gallegly's statement for the record.
Twenty-five years ago, a brutal and senseless tragedy took place on a highway in New Jersey. On that day, Joanne Chesimard and two acquaintances were stopped on the New Jersey Turnpike by State Troopers Werner Foerster and James Harper. What followed was the brutal murder of Trooper Foerster and the serious wounding of Trooper Harper.
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Ms. Chesimard was subsequently captured, tried, convicted and sentenced to prison. Shortly after, she escaped from prison and surfaced in Cuba where she has been living ever since under the protection of the Cuban regime.
House Concurrent Resolution 254, introduced by our colleague, Bob Franks of New Jersey, calls on the Government of Cuba to return Ms. Chesimard to the United States where she can serve out her conviction for murder and put this issue of justice to final rest for the family of Trooper Foerster.
There are many people in this country who suggest that relations between the United States and Cuba are in need of change. The return of Ms. Chesimard by the Cuban Government would represent an appropriate gesture by that government to respect the laws of the United States and to honor the will of the people of New Jersey who have been waiting for justice in this case for 25 years.
I urge adoption of the bill.
Are any Members wishing to be recognized?
Mr. MENENDEZ. Thank you, Mr. Chairman.
I want to offer my support for the resolution. I have been working to bring fugitives from the American justice system back from Cuba for many years.
The case of Joanne Chesimard is of particular importance to New Jerseyans, as your statement indicates. As my colleague from New Jersey notes, the very cold-blooded murder of New Jersey State Trooper Werner Foerster and Castro's subsequent refusal to acknowledge her presence in Cuba or return her to the United States has left the Werner family not only without a husband and a father but with an open wound that can only be completely healed when Joanne Chesimard is brought to justice.
Shortly after I came to Congress I asked the Federal Bureau of Investigation to compile a list of American fugitives residing in Cuba. After surveying the 56 field offices, the FBI was able to compile a list of 91 fugitives which clearly stated that Joanne Chesimard—once and for all, in a public and official way—was, in fact, one of those fugitives residing in Cuba to which Castro provides a safe haven in Cuba.
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Their crimes range from air piracy to possession of explosives to murder. These are not benign criminals; and, ironically, Castro provides these criminals with greater liberty than he provides to the Cuban people. These 91 individuals are allowed to reside in Cuba and live relatively well. In contrast, Castro imprisons Cuban dissidents for much lesser crimes, like distribution of enemy propaganda or undermining the revolution.
Unfortunately, however, no matter how many resolutions we bring before the Congress and how many times we ask the Castro regime to return Joanne Chesimard, she will, as he recently stated, not be returned from Cuba to stand before a court of law until there is a democratic government in Cuba that will observe the rule of law and not permit such fugitives from our country to be harbored there.
However, I urge my colleagues to support this resolution. I think it brings a sense of what we would like to see and, hopefully, bring justice to the Werner family and also ask them to support our ongoing efforts to bring democracy and human rights to the Cuban people, one that would, in fact, have a government that would observe the rule of law and would return Joanne Chesimard to where she belongs—in prison in New Jersey.
Thank you, Mr. Chairman.
Mr. GALLEGLY. [Presiding.] I recognize the gentleman from New Jersey, Mr. Smith.
Mr. SMITH. Mr. Chairman, I have amendments, two of them en bloc; and I ask they be considered en bloc.
Mr. GALLEGLY. Without objection, the clerk will read.
Ms. RAMIREZ. Amendment to House Concurrent Resolution 254.
Mr. SMITH. I ask unanimous consent they be considered as read.
Mr. GALLEGLY. So ordered.
[The amendments appear in the appendix.]
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Mr. SMITH. Mr. Chairman, I am very proud to be a sponsor of H. Con. Res. 254, which condemns the Government of Cuba for harboring Joanne Chesimard for the murder of New Jersey State Trooper Werner Foerster and other fugitives who have committed brutal crimes in the United States.
I want to thank Representative Franks for introducing this resolution and working for its passage, and I would also take note of Mr. Menendez and thank him for his long-standing work to return those individuals who have fled the United States to avoid justice in our country, including the Joanne Chesimard case.
Today I am offering an amendment that will not change the substance of the resolution, but it will ensure that we do not inadvertently confer upon the Castro regime a dignity that it simply does not deserve.
As most of us are aware, Joanne Chesimard was convicted in 1977 of first-degree murder and sentenced to life in prison for her brutal execution-style murder of Trooper Foerster. She escaped from jail and subsequently fled to Cuba, where she was given political asylum. This escaped murderer now lives a comfortable life in Cuba and has launched a public relations campaign in which she attempts to portray herself as an innocent victim rather than a cold-blooded murderer.
The protection of Chesimard and others that they enjoy in Cuba is yet another example of the lawlessness of the Castro dictatorship. The only truly satisfactory solution is democracy and self-determination for the people of Cuba. In the meantime, however, it is shameful that the Clinton Administration has made deal after deal with the Castro Government, given concession after concession, while Chesimard and other felons are living the high life in Havana.
My amendment affects only three words in the resolution, changing statements that Cuba should ''extradite'' Chesimard and other fugitives into assertions that Cuba should ''return'' Chesimard and other fugitives to the United States.
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Extradition is a legal concept, governed by treaty in the international context. Although the United States signed an extradition treaty with Cuba in 1904, long before the rise of Castro, the extradition treaty has not been invoked in many years. Use of the word ''extradite'' might therefore be taken as support for a dramatic expansion of our relationship with the Castro regime to include mutual extraditions under the old treaty. Cuba's so-called justice system does not deserve such respect.
While we can and do sometimes expel and return violent criminals to Cuba, the legal means for such returns is the deportation process, not extradition. Extradition requires the interaction of two legal systems, and it is wholly inappropriate to have such dealings with a system in which there is no rule of law.
By replacing the word ''extradite'' with the word ''return'', we avoid those dangers without dulling the force of our message: Murderers such as Joanne Chesimard must be returned to the United States to face the judgment they have brought upon themselves.
I thank you, Mr. Chairman; and I do hope the Subcommittee will support the amendment.
Mr. GALLEGLY. Any other Member wish to speak on the amendment?
If not, the question is on the en bloc amendment. All those in favor of the amendment, say aye. Any opposed?
The ayes have it, and the en bloc amendment is agreed to.
Are there any further amendments?
If not, the question is on passage of H. Con. Res. 254, as amended.
So many as are in favor, please say aye. Any opposed?
The ayes have it. The bill is passed, as amended, and referred to the Full Committee.
With that, gentlemen, the Subcommittee will stand adjourned.
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[Whereupon, at 2 p.m., the Subcommittee was adjourned.]
A P P E N D I X
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