Congressional Record: June 16, 1999 (Extensions)
Page E1277-E1279


                      HUMAN RIGHTS LEADERS SUPPORT
                HUMAN RIGHTS INFORMATION ACT, H.R. 1625

                                 ______


                            HON. TOM LANTOS

                             of california

                    in the house of representatives

                        Wednesday, June 16, 1999

  Mr. LANTOS. Mr. Speaker, recently I introduced in the House The Human
Rights Information Act (H.R. 1625). This legislation has already found
strong bipartisan support with over 50 of our distinguished colleagues
joining as original cosponsors of this bill.
  When our legislation was introduced, prominent human rights leaders
and victims of human rights abuses joined us at a press conference
announcing the legislation. Their comments about the Human Rights
Information Act and their personal and professional insights regarding
this legislation are particularly helpful.
  Mr. Speaker, I ask that the statements these human rights leaders
made regarding the Human Rights Information Act be placed in the
Record. These outstanding statements are by Dr. William F. Schultz,
Executive Director of Amnesty International USA; Adriana Portillo-
Bartow, a Guatemalan mother whose eldest two daughters were kidnapped
and disappeared and have not been seen for the past 17 years; Sister
Dianna Ortiz, a Roman Catholic nun who was abducted, tortured and
repeatedly raped by members of the Guatemalan security forces; and
Carlos M. Salinas, the Advocacy Director for Latin America and the
Caribbean of Amnesty International.

   Statement of Dr. William F. Schultz, Executive Director, Amnesty
                           International USA

       Good afternoon. I'm Dr. William F. Schultz, Executive
     Director of Amnesty International USA. I join my esteemed
     colleagues today to support legislation that addresses the
     tragic legacy of political violence: torture, assassinations,
     ``disappearances,'' and massacres. This legislation will put
     criminals behind bars and help families heal from their
     devastating losses at the hands of brutal torturers and
     thugs.
       Over the past few decades, we witnessed immense suffering
     in Guatemala and Honduras. The fierce counterinsurgency
     campaign by Guatemalan military governments beginning in the
     1960s left 200,000 dead or ``disappeared'' according to the
     Guatemalan Truth Commission. The campaign became one of a
     ``scorched earth strategy'' in which hundreds of villages
     were wiped out in what the Trust Commission called acts of
     genocide. Thousands of men, women and children were killed--
     often after brutal torture or in more than 600 wholesale
     massacres, according to the Commission. Thousands more were
     ``disappeared''--never to be seen again.
       The politically-driven violence in Honduras during the
     1980s resulted from a deliberate strategy by the government
     and military to treat non-combatant civilians as military
     targets. This ``dirty war'' meant torture, assassination and
     ``disappearance'' for student activists, teachers,
     journalists, trade unionists, human rights lawyers and
     leftist politicians.
       Out of the ashes of this bloody history has risen
     legislation vital to the promotion and protection of human
     rights--not only in Honduras and Guatemala but in every
     country in the world. The Human Rights Information Act orders
     the declassification or release of U.S. government documents
     about human rights violations when the U.S. receives a
     request from a bona fide truth commission or judicial
     authority. It will give survivors of torture and
     ``disappearances'' information about who was responsible for
     their abuse and the reasons why they were targeted. It also
     will allow family members to recover the remains of their
     ``disappeared'' loved ones.
       Amnesty International is proud to support the Human Rights
     Information Act and our activists are ready to mobilize for
     its passage. Last year, we brought over 100,000 petitions and
     letters to Congress--and we will bring 100,000 more this
     year, if need be. I believe that every American watching the
     Kosovo crisis unfold would support this Act as a means to
     ensure justice for the thousands of refugees we see on our
     television screens each day.
       There are three compelling reasons why Congress must pass
     this Act.
       First, the Human Rights Information Act is profoundly pro-
     family. The Act will help families torn apart by torture,
     assassination or ``disappearances'' heal and find some
     measure of closure in the wake of brutality.
       Second, the Human Rights Information Act will fight crime.
     The perpetrators of human rights violations are responsible
     not for dozens or even hundreds of brutalities but for tens
     of thousands of crimes against humanity. As a great forensic
     anthropologist Dr. Clyde Snow said, ``[t]he great mass
     murderers of our time have accounted for no more than a few
     hundred victims. In contrast, states that have chosen to
     murder their own citizens can usually count their victims by
     the carload lot. As for motive, the state has no peers, for
     it will kill its victim for a careless word, a fleeting
     thought, or even a poem.'' Assassins, torturers, those who
     order the brutalities and those who cover them up, however,
     are rarely punished, sometimes amnestied and often never
     prosecuted. Successful prosecutions will punish and put
     behind bars human rights violators who may still be involved
     in criminal activity. And it will send an unequivocal message
     that human rights violations will not be tolerated.
       Third, the Human Rights Information Act will strengthen
     democracy. It will deter future violators and strengthen the
     rule of law. It will tell the world that no one is above the
     law and it will restore citizens' confidence in their legal
     institutions.
       The wounds from atrocities committed in Guatemala, Honduras
     and many other countries cannot heal until the whole truth
     about human rights violations is revealed. Families and
     survivors need to know--and have the right to know--who
     ordered the killings, why their loved ones were tortured and
     killed, and where to find their ``disappeared'' loved ones.
     If simply telling the whole truth, as the Human Rights
     Information Act will do, helps thousands of families heal
     from some of the worst crimes known to humanity, how can we
     not reveal it?

     Statement of Ms. Adriana Portillo-Bartow, a Guatemalan Mother

       My name is Adriana Portillo-Bartow and I am a survivor of
     the war in Guatemala. I am also a mother who for the last 17
     years has had to live without knowing the truth about the
     whereabouts of her two oldest daughters, kidnapped and
     disappeared by Guatemalan security forces in 1981.
       My daughters Rosaura and Glenda, 10 and 9 years old at the
     time of their disappearance, were detained, together with my
     70 year old father, my step-mother, one of my sisters-in-law,
     and my 18 month old sister, on September 11, 1981, by a large
     group of military and police forces. They have never been
     seen or heard from since.
       I waited 15 years for the appropriate political conditions
     to exist in Guatemala so I could begin the search for the
     truth about the whereabouts of my disappeared family. I have
     been back to Guatemala eight times since December 1996, when
     the Final Peace Accord for a Firm and Lasting Peace was
     signed.
       Eight trips to Guatemala I have made in my pursuing of the
     truth, without any results. On each of my trips I have met
     with the Guatemalan Presidential Human Rights Commission, I
     have met with the Guatemalan Human Rights Ombudsman Office, I
     have met with many non governmental human rights
     organizations. I have met with U.S. Embassy officials. I have
     even tried pursuing the truth through the Guatemalan judicial
     system, which everybody knows does not work. The case of my
     disappeared family is Illustrative case #87 in the Historical
     Clarification Commission's report ``Guatemala: Memory of
     Silence''. And no one has been able to help me, or has wanted
     to help me.
       Because of that, now, more than ever, I am hunted by the
     memories of my disappeared father, of my little daughters,
     and of my other relatives. For the past seventeen years I
     have not slept, unless through the use of artificial means,
     because I am afraid of waking up to a nightmare of my
     disappeared children being eaten by dogs and vultures. Some
     days I am hunted by images of their

[[Page E1278]]

     bodies abandoned in shallow graves in a clandestine cemetery,
     somewhere in Guatemala. Other days I am hunted by the
     possibility of my little daughters and sister having been
     given up for adoption--illegally--to a family in a foreign
     country.
       When will I be able to leave my torment behind? When will I
     be free from the ongoing torture it means for me not knowing
     what became of my daughters? When will I be able to be at
     peace with myself? Only the day I find out the truth about
     what happened to my disappeared family. Only the day I am
     able to recover their remains for a proper and dignified
     burial.
       The passing of the Human Rights Information Act by Congress
     is of critical importance to the relatives of the disappeared
     in Guatemala. It can offer people who find themselves in the
     position I am now the real possibility of learning the truth
     about the whereabouts of their disappeared relatives. It can
     offer mothers like me an end to the painful and everlasting
     effects of the most sophisticated form of torture; the
     disappearance of our children. Furthermore, it can offer
     mothers like me the possibility of family reunification if
     our children survived--and if they didn't, the opportunity to
     bury them and mourn their loss in a healthy and dignified
     manner.
       President Clinton acknowledged on March 10 of this year,
     while in Guatemala, that the involvement of the United States
     in the horrors that took place during the war was wrong, and
     that it had been a mistake that must not be repeated again.
     He said that the United States must and will continue to
     support the peace and reconciliation process in Guatemala.
     Truth and Justice are the foundation of Peace. The passing of
     the Human Rights Information Act by Congress is a very
     concrete step that can be taken, for the United States to
     truly play a historical role in the process towards
     reconciliation and an everlasting peace in Guatemala.
       As a Guatemalan, and as the mother and sister of three
     little girls that disappeared during the long war in
     Guatemala I feel that the contribution of the United States
     to the suffering of the Guatemalan people constitute a moral
     obligation to assist all of us, relatives of the disappeared,
     in our search for the truth about the whereabouts of our
     loved ones. Only the day the full truth of what happened is
     known, and dealt with, will we be able to say that the
     suffering the Guatemalan people has endured for so many years
     is finally a tragedy of the past. Only the day we know the
     full truth will we be sure that the ``mistake'' President
     Clinton referred to will not be repeated again--in Guatemala
     or in any other country of the world.



                                  ____
         Statement of Sister Dianna Ortiz, a Roman Catholic Nun

       Let me begin by thanking Representatives Lantos and Morella
     for inviting me to share my thoughts on the importance of the
     Human Rights Information Act. Two days ago it became all the
     more evident to me that we must do everything in our means to
     make certain this bill is enacted. Let me share with you some
     of my story.
       In November of 1989, I was abducted, tortured and
     repeatedly raped by members of the Guatemalan security
     forces. During my detention, just as my torturers were
     readying themselves to rape me yet again, a man came into the
     clandestine cell, a man my tortures referred to as Alejandro,
     and their boss [jefe]. He was tall; he was fair-skinned; and
     he spoke poor Spanish with a heavy North American accent. He
     gave explicit orders to my torturers, which they obeyed, and
     he warned me not to say anything about my torture--telling
     me--in American English--that if I did, there would be
     consequences.
       For nearly a decade, I have spent the majority of my waking
     hours trying to learn the truth of what happened on November
     2, 1989. I have spoken openly of what I witnessed and
     experienced at the hands of the three Guatemalans and
     Alejandro. In turn, I have been told that I must be mistaken:
     The U.S. Government would never conspire with human rights
     violators, let alone provide them leadership. It has even
     been suggested to me that I am ``obsessed'' with Alejandro. I
     have been advised to concentrate on my Guatemalan abusers
     alone, instead of tainting the reputation of the U.S.
     Government. But no one will answer my two single questions:
     Why was there an American in a Guatemalan secret prison,
     giving orders to torturers? Who authorized him to be there?
       No one in Guatemala will tell me the truth. And no one in
     the United State will tell me the truth. For nearly ten
     years, I have gone from one battlefield to another--asking
     for the truth for myself and for the people of Guatemala.
     Following the advice of so many people, I went through all
     the proper channels. I filed charges in Guatemala and
     cooperated with Guatemalan government investigators,
     traveling to Guatemala on numerous occasions to testify and
     participate in judicial reconstructions. I soon learned that
     justice in Guatemala is a mirage. The judicial system did not
     work then--and does not work now. The investigation of the
     murder of Monsenor Gerardi is a clear example of how impunity
     continues to reign.
       The next battlefield was in my homeland--the United States.
     Even in my country of origin, government officials refused to
     provide me with information. and so I thought--file a FOIA
     request--you're sure to get answers. Documents were
     released--but they contained no information of substance. In
     August of 1995, I was told that the Justice Department had
     begun a serious and impartial investigation of my case.
     Putting aside my feelings of mistrust, I took the risk of
     working closely with the investigators. This entailed being
     interviewed by investigators for more than forty hours;
     having to relate every detail of the humiliation and cruelty
     I suffered at the hands of my tortures; going into dangerous
     and painful flashbacks brought on by the detailed questions.
     Under such prolonged stress, I lost a portion of the ground
     that I had gained in my recovery.
       But I steeled myself and did all I could for as long as I
     could to help the investigation along. I hoped that, this
     time, I might be told the truth. There were warning signs,
     however--signs that I was wrong. One of the DOJ attorneys
     openly yelled at me and accused me of lying. And as I heard
     about the investigators' interviews with my family and
     friends, it became clear that I was being cast as the
     culprit, that I was the one being investigated, not those
     responsible for the crimes against me. After giving almost
     all of my testimony, I made the decision to disengage myself
     from direct participation in the DOJ investigation.
       Perhaps I am a coward--but I could no longer subject myself
     to the retraumatization brought on by the investigators'
     questions and their abusive treatment. They had my testimony
     in detail and the sketches I had made with the help of a
     forensic artist. The responsibility for finding the truth lay
     with them.
       Shortly after taking this step, I learned that the Justice
     Department had concluded its investigation. What did the
     Justice Department officials conclude after a year of
     investigating my case? What did they glean from the countless
     hours I and my friends and family spent pouring out our
     hearts to them? I don't know. I'm not allowed to know.
     Investigators made a report of more than 284 pages--and
     classified it. They cited a need to protect ``sources and
     methods''--and MY privacy. How thoughtful of them.
     Investigators assured me that this report would be kept so
     secret that it would be seen only by the Attorney General,
     the Deputy Attorney General and the official in charge of the
     investigation. Four copies of this report exist, they told
     me, and they are under lock and key.
       I have since learned that the classified report was made
     available to few privileged people, including former
     ambassador Thomas Stroock, who is not even associated any
     longer with the U.S. Government. This is how the DOJ
     protected my privacy.
       The investigation has not helped me one iota and has not
     helped the American people. The report is about the event
     that shattered my life, about the event that tore my past
     from me. The report is about the event that destroyed my
     sense of myself, my relationships with others and my
     relationship with God. The report was about the event that
     has stolen my ability to sleep and to feel safe in the world.
     I am the one who is tormented by all the questions
     surrounding that event. And now I have even more. Why is it
     that the Justice Department refuses to answer my questions?
     Who are they protecting? What are they covering up?
       On June 26th, 1998, I filed a FOIA request, asking the U.S.
     Government to declassify the report. Again, I allowed myself
     to hope. During President's Clinton visit to Guatemala, I
     allowed that hope to grow. Mr. Clinton publicly acknowledged
     U.S. complicity in human rights violations. Finally, I
     thought, our government has owned up. The need for secrecy is
     obsolete. I'll get the report.
       Two days ago, I learned from my attorney that the FOIA
     officer for the U.S. Attorney General's Office denied my FOIA
     request in full. Why? To protect their sources and methods?
     What sorts of methods? Torture? To protect the identities of
     my Guatemalan torturers and the American, Alejandor? Why is
     it that those who commit human rights violations merit
     protection while those of us who suffer these abuses at their
     hands receive none?
       Perhaps only another survivor who has been betrayed again
     and again by her government can know what I feel standing
     here. I'm tried and all I want to do is close my eyes and not
     wake up. I literally had to force myself to come here today.
     The feelings of disillusionment and aloneness are enough to
     overwhelm me. But I am here.
       The words that resound in my head over and over again are:
     ``The truth will set you free.'' Those words are found in
     scripture. Ironically enough, these same words are etched on
     the entrance to that cathedral of secrecy, the CIA. I believe
     the truth would set me free. I will never feel safe in my own
     country until I know exactly what the role of my government
     was in my abduction and torture. How can I feel safe? How can
     anyone feel safe, if the truth is being concealed? If this is
     a country concerned with righting the wrongs of the past and
     the wrongs of our world, our government has nothing to lose
     by disclosing the truth. It owes that much to the survivors
     of the political violence we sponsored in Guatemala, Honduras
     and countless other countries. It owes that much to those of
     us who paid the taxes. The secret prison was in Guatemala.
     The prison of secrecy is here. The Human Rights Information
     Act could be the key.



                                  ____
Statement of Carlos M. Salinas, the Advocacy Director for Latin America
               and the Caribbean of Amnesty International

       I think it's clear that there is real momentum for passage
     of the Human Rights Information Act--and why shouldn't it be
     this way?

[[Page E1279]]

       In the last Congress, the bill went from introduction to
     mark-up in less than a year even though most observers were
     surprised that it even got a hearing! But what most observers
     did not count with the perseverance of Congressman Lantos,
     Congresswoman Morella, Chairman Horn, then-ranking member
     Kucinich, and all of their incredibly dedicated and hard-
     working staffs. The observers did not count on the fact that
     there were many others ready and willing to add their names
     and prestige to this effort for truth and justice--so many
     more than 100 House members became co-sponsors in less than a
     year! Many observers underestimated the tenacity and
     perseverance of amazing people like Adriana Portillo-Bartow,
     Jennifer Harbury, Sister Dianna Ortiz, Meredith Larson, Dr.
     Leo Valladares Lanza, and so many others.
       Washington conventional wisdom, continuing to insist that
     true intelligence reform is destined to oblivion, did not
     count on the fact that the yearning for truth and justice is
     a million times greater than the strongest bureaucratic
     inertia, that the search for truth will always overpower
     obfuscation and stonewalling, and that the American people
     and its elected representatives know and are committed to
     truly putting people first, to truly strengthening families,
     to truly fighting crime.
       And so, thanks to tens of thousands of voices from Hawaii
     to Florida, and Maine to Alaska, we hear the message: pass
     the Human Rights Information Act. This message is supported
     by organizations like the Latin America Working Group, the
     Guatemala Human Rights Commission/USA, the Washington Office
     on Latin America, the Religious Task Force on Central America
     and Mexico, I could go on and on!
       So we begin anew our quest for the truth, our quest for
     justice, with the knowledge that both republicans and
     Democrats, Chairs and Ranking members, have shown and are
     showing their support for a bill that could rend the web of
     secrecy and lies that keep the public from finding out what
     it is entitled to know, that keep family members from healing
     and reaching closure, that keep criminals, mass murderers,
     torturers, and assorted thugs on the streets, well, we gotta
     stop that and we will change the law. This law is for you,
     Dianna. This law is for you, Jennifer. This law is for you,
     Adriana. This law is for you, Anne [Larson, mother of human
     rights worker Meredith Larson who survived a stabbing attack
     in Guatemala City in 1989]. Indeed, this law is for all of
     us, for a better tomorrow, for a more just today.