[Congressional Record Volume 141, Number 61 (Monday, April 3, 1995)]
[House]
[Pages H4045-H4048]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
GENERAL LEAVE
Mr. SAXTON. Mr. Speaker, I ask unanimous consent that all Members may
have 5 legislative days within which to revise and extend their
remarks, and submit extraneous material in the Record, on the bill,
H.R. 716.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from New Jersey?
There was no objection.
[[Page H4046]] SENSE OF THE HOUSE REGARDING AMERICAN CITIZENS HELD IN
IRAQ
Mr. GILMAN. Mr. Speaker, I move to suspend the rules and agree to the
resolution (H. Res. 120) expressing the sense of the House of
Representatives regarding the American citizens held in Iraq, as
amended.
The Clerk read as follows:
H. Res. 120
Whereas on Saturday, March 25, 1995, an Iraqi court
sentenced 2 Americans, William Barloon and David Daliberti,
to 8 years imprisonment for allegedly entering Iraq without
permission;
Whereas the 2 men were tried, convicted, and sentenced in
what was reported to be a very brief period during that day
with no other Americans present and with their only legal
counsel having been appointed by the Government of Iraq;
Whereas the Department of State has stated that the 2
Americans have committed no offense justifying imprisonment
and has demanded that they be released immediately; and
Whereas this harsh sentence is unjustified and further
distances Iraq from the international community: Now,
therefore, be it
Resolved, That the House of Representatives--
(1) strongly condemns the unjustified actions taken by the
Government of Iraq against American citizens William Barloon
and David Daliberti and demands their immediate release from
prison and safe exit from Iraq; and
(2) urges the President to take all appropriate action to
assure their prompt release and safe exit from Iraq.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New
York [Mr. Gilman] will be recognized for 20 minutes, and the gentleman
from Indiana [Mr. Hamilton] will be recognized for 20 minutes.
The Chair recognizes the gentleman from New York [Mr. Gilman].
Mr. GILMAN. Mr. Speaker, I yield such time as he may consume to the
principal sponsor of this measure, the distinguished gentleman from
Florida [Mr. Stearns].
Mr. STEARNS. I thank the gentleman for yielding this time to me.
Mr. Speaker, let me begin by thanking Senator Harkin, who sponsored a
similar resolution in the Senate last week, as well as the chairman of
the International Relations Committee, my good friend and distinguished
colleague from New York, Ben Gilman; I want to thank his committee
staff, and the majority leader's office for their very prompt attention
to this matter.
Mr. Speaker, the resolution we are considering today is important to
let the world know that the United States House of Representatives
unequivocally expresses disapproval for the nation of Iraq for
wrongfully imprisoning two American citizens, David Daliberti and
William Barloon. The resolution urges the immediate release of these
two Americans and calls on the President to take all appropriate
actions to secure their safe exit from Iraq. Moreover, the resolution
makes perfectly clear that Iraq has absolutely nothing to gain and much
to lose by continuing to hold these two men.
For 21 days now David Daliberti and William Barloon have languished
behind bars in an Iraqi prison for what Iraqi authorities allege was an
illegal crossing of their border. On March 13, on their way to visit a
friend at a U.N. post along the Kuwait-Iraq border, the two men strayed
into an area they say contained U.N. markings, but which the Iraqis
claim was on their soil. On March 25, after what was reportedly a quick
trial in which the only representation the Americans had was an
attorney appointed by the Iraqi Government, the two men were sentenced
to 8 years in prison--8 years in prison for taking a wrong turn.
My colleagues, their trial and harsh sentence are wrong. David
Daliberti and William Barloon are innocent United States citizens who
were taken against their will and now are being held in an Iraqi prison
living off a weak diet of rice. Iraq's actions are indefensible on any
grounds, but especially so in this case since the facts show so clearly
that the men are completely innocent. We must go on record condemning
this injustice and calling on the White House to take every conceivable
measure to secure the release of these men.
To bring my colleagues up to date on this case, the latest news out
of Iraq gives us hope that these Americans can expect an early release.
The news is contradictory and confusing. On Saturday, a representative
from the Iraqi Parliament's foreign-relations department hinted that
the two men could be released in the coming few days--an encouraging
sign. But yesterday the Iraqi Defense Ministry's newspaper said the
Americans are no different from Mexicans trying to enter the United
States illegally, an absurd charge that makes us wonder what the Iraqis
are up to. But yesterday also saw Iraq extend to 1 month from the usual
2 weeks the amount of time the two men have to appeal their sentence,
which Iraqi law experts interpret as a positive sign.
These crossed signals do nothing to help Iraq's position and only
torment the families of Daliberti and Barloon, who simply want to see
their loved ones returned to them as soon a possible. Surely Iraq knows
that holding these men serves no purpose whatsoever. Just last week the
head of the Iraqi Parliament admitted as much when he said, and I
quote, ``We don't think that we are going to facilitate the question of
the sanctions through detaining these two Americans.''
While continuing to hold these men does nothing to benefit Iraq,
releasing them would. Iraq is already alienated from the community of
civilized nations. Releasing Daliberti and Barloon can only improve
their standing in the eyes of the world. Let me repeat as Secretary of
State Warren Christopher said yesterday, releasing these men ``would be
a good thing for the international reputation of Iraq. It would be an
adverse thing to hold them.''
Lest anyone has any doubt as to the innocence of Daliberti and
Barloon, let me assure you that every fact in this case indicates they
were nothing more than what they claim to be--innocent victims who made
a wrong turn. But it was not even a wrong turn due to their own error.
As the two men were headed to the U.N. compound to visit a friend, the
United Nations Iraq-Kuwait observer mission positioned along the border
misdirected them, as even they admit. What happened next, according to
Daliberti and Barloon, is that they found themselves driving past two
unmanned Kuwaiti checkpoints into an area posted with U.N. markings. It
was at this point they were apprehended by the Iraqis and whisked away.
Iraqi suggestions that these men were in any way spies or saboteurs
are ludicrous. At the trial of the men in Baghdad, even their Iraqi-
appointed attorney said they were carrying no weapons, no maps, no
cameras, no compasses--nothing, in other words, that could indicate
these men were anything other than victims of an unfortunate mistake.
And according to the Polish diplomat who attended the trial as a
representative of the United States, even the judge in the case seemed
sympathetic to the plight of Daliberti and Barloon. But Iraqi law on
such matters is ironclad and says any crossing whatsoever of their
border must be punished, in this case with an 8-year sentence.
As it stands now, Daliberti and Barloon have begun to appeal their
sentence with the assistance of an Iraqi lawyer--the same lawyer who
has helped other Westerners appeal their sentences for crossing Iraq's
border. Unfortunately, that lawyer has never successfully overturned
the verdict in such a case, which has led some to suggest that only a
pardon from Saddam Hussein himself can effect their release.
My colleagues, the families of Daliberti and Barloon need to know
that we are with them, that we support them during this trying time. It
is the least we can do to stand up and condemn Iraq for this outrageous
action and demand that these two citizens be released immediately. I
know that Kathy Daliberti, with whom I have
spoken, is on an emotional roller-coaster ride as she follows this
situation. Let us let her know that her Government is doing everything
within its power to secure the prompt release of her husband and to
bring him safely home. Those of you who have been following this story
know that Kathy Daliberti has even set up a home page on the Internet
so people from around the country can express their support. I
encourage my colleagues to send her a message letting her know that she
is not alone, that her Government does care.
[[Page H4047]] When I met with officials from the State Department
last Friday they assured me that everything is being done that can be
done to secure the release of these two men. As you know, we have no
diplomatic relations with Iraq. But Polish diplomats, who have an
Embassy in Iraq, are working tirelessly on behalf of the United States
in this matter. We were all encouraged last week when the head of the
Polish Embassy visited with Daliberti and Barloon and said they
appeared to be in good health.
In the meantime, we as the elected Representatives of the American
people need to unite and speak with one voice in condemnation of Iraq.
We need to express our sympathy and support for the families of
Daliberti and Barloon. And we need to urge the administration to do
everything within its power to bring these men safely home.
I know all of my colleagues will support House Resolution 120 as an
expression of our commitment to the safety of all of our citizens,
whether at home or abroad.
{time} 1445
Mr. HAMILTON. Mr. Speaker, I yield myself such time as I may consume.
(Mr. HAMILTON asked and was given permission to revise and extend his
remarks.)
Mr. HAMILTON. Mr. Speaker, I rise in support of this resolution, as
amended. I want to extend my appreciation and accommodation to the
chairman of the committee, the gentleman from New York [Mr. Gilman],
and, likewise, to the gentleman from Florida [Mr. Stearns], my
colleague, for bringing this resolution to the floor of the House.
Mr. Speaker, on March 13 two Americans, William Barloon and David
Daliberti, as has been described, accidentally crossed the Iraqi-
Kuwaiti border while on their way to visit a U.N. compound in Kuwait.
Mr. Barloon and Mr. Daliberti were detained by Iraqi authorities,
imprisoned, convicted, and sentenced on March 25 to 8 years in prison
for illegally entering Iraq. The treatment of these two Americans is an
outrageous abuse by the Government of Iraq. These Americans were denied
any semblance of due process. Mr. Barloon and Mr. Daliberti were
sentenced after only a little over 1 hour of deliberation. They were
denied adequate counsel. They were represented by an Iraqi-appointed
legal counsel, and no other Americans were present. The International
Red Cross was denied access to them.
It is apparent that the Government of Iraq is manipulating these two
Americans to force the United States to change its policy toward Iraq.
We should send a very clear message to the Government of Iraq that this
time of blackmail simply will not work. The administration is working
hard, I believe, to secure the release of these two Americans, and I
believe that this resolution will strengthen the administration's hands
in those efforts. The resolution shows the clear unity of purpose
between the President and the Congress in demanding the immediate
release from prison of these two Americans and their safe exit from
Iraq.
Mr. Speaker, I urge my colleagues to support the resolution.
Mr. Speaker, I reserve the balance of my time.
Mr. GILMAN. Mr. Speaker, I yield 3 minutes to the gentleman from
Nebraska [Mr. Bereuter], a senior member of our Committee on
International Relations.
Mr. BEREUTER. Mr. Speaker, this Member rises in the strongest
possible support for House Resolution 120, legislation condemning the
recent outrageous behavior of Iraq in seizing and incarcerating two
American citizens.
It has been over 4 years since the end of the Persian Gulf conflict,
but Saddam Hussein and his band of thugs continue to flaunt basic
international norms, seemingly at every opportunity. For example,
Saddam Hussein continues to let his people starve because he refuses to
pump oil and provide the proceeds into international humanitarian
organizations. People are starving, the economy is in a shambles, but
Saddam's military remains intact. Iraq has waged a vicious war against
the Marsh Arabs in the south, and with the Kurds in the north. Iraq has
waged a clever campaign to lift the sanctions that the United Nations
imposed, but it continues in every way to behave as an outlaw.
The most recent outrage is the seizure of William Barloon and David
Daliberti, two civilian Americans who were seized as they went to visit
a friend at a U.N. compound just south of the Iraq-Kuwait border. Lost
and having strayed across the border, Iraqi military forces seized
these two Americans, charged them with sabotage, and sentenced them to
8 years in prison in what was patently a kangaroo court.
Mr. Speaker, civilized societies do not behave in this manner.
Responsible governments do not impose trumped up charges against
innocent civilians in an effort to achieve foreign policy objectives.
This Member must note that, if the Government of Iraq hopes to
enhance its international image, this is not the way to accomplish this
goal. The wholly unwarranted imprisonment of William Barloon and David
Daliberti only serve to reinforce the consensus that Iraq is not ready
to behave responsibly.
In the face of this outrage, this body needs to speak in a clear and
unequivocal voice and urge the immediate release of Mr. Barloon and Mr.
Daliberti. This Member commends the distinguished gentleman from
Florida [Mr. Sterns] for bringing House Resolution 120 before this
body, and the distinguished gentleman from New York, the chairman of
the International Relations Committee [Mr. Gilman], for his cooperation
in bringing this resolution to the floor.
Mr. Speaker, this Member urges adoption of House Resolution 120.
Mr. GILMAN. Mr. Speaker, I yield 1 minute4 to the gentleman from Iowa
[Mr. Nussle].
(Mr. NUSSLE asked and was given permission to revise and extend his
remarks.)
Mr. NUSSLE. Mr. Speaker, I rise in support of House Resolution 120--a
resolution regarding the American citizens held in Iraq. I commend the
gentleman from Florida [Mr. Stearns] and the gentleman from New York
[Mr. Gilman] for their leadership on this issue.
It is a tragedy that William Barloon, of New Hampton, IA, and another
American, David Daliberti, who mistakenly strayed across Kuwait's
border and into Iraq, have received the extremely harsh sentence of 8
years in prison. I am encouraged by recent statements by Iraqi
officials that the two men could be released in the near future, and I
urge President Clinton and Secretary of State Christopher to continue
their work to secure the release and safe return from Iraq of Mr.
Barloon and Mr. Daliberti.
Mr. Speaker, I support these two Americans, and I stand with their
families and all Americans when I urge for their safe, speedy return
and pray for that to happen as soon as possible.
Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
(Mr. GILMAN asked and was given permission to revise and extend his
remarks.)
Mr. GILMAN. Mr. Speaker, I am pleased to rise in strong support of
the resolution before us, House Resolution 120, introduced by our
colleague, the gentleman from Florida [Mr. Stearns], expressing the
sense of Congress condemning the outrageous actions taken by Saddam
Hussein's rogue regime in sentencing two American citizens, William
Barloon and David Daliberti, to lengthy prison terms for having
inadvertently crossed the Kuwaiti border into Iraq.
These two Americans were denied access to due process, with their
legal counsel having been appointed by the Iraqi regime. It is only
through the good offices of the Polish Embassy, which represents United
States interest in Iraq, that the two men have received any sympathetic
assistance or counsel.
Saddam Hussein's regime has been apprised repeatedly of the mishap in
which the two men inadvertently crossed the border in a white van
presumably a U.N. vehicle, but this honest error has been dismissed in
favor of a purposeful miscarriage of justice.
In the best tradition of Congress, Mr. Stearns has introduced this
measure on behalf of his constituent, David Daliberti. House Resolution
120 condemns the Government of Iraq for its punitive actions against
these two men, and urges the President to take
[[Page H4048]] all appropriate action to secure their prompt release
and safe exit from Iraq.
This incident, which has captured worldwide headlines, is yet another
example of the unyielding position assumed by Saddam Hussein which
compels the international community to maintain sanctions against Iraq.
Such activity by the Iraqi Government further distances it from the
community of civilized nations.
Mr. Speaker, I commend Representative Stearns' commitment to his
constituents through the introduction and consideration of House
Resolution 120. We all hope that a swift resolution of this
international incident will soon free Mr. Daliberti and Mr. Barloon.
Accordingly, I urge my colleagues to adopt this resolution.
Ms. BROWN of Florida. Mr. Speaker, it saddens and angers me that
Jacksonville resident, Mr. David Daliberti, and another American, Mr.
Bill Barloon, have been detained in Iraq.
All indications are that the incident was a result of innocent
mistakes. Mr. Daliberti, without hesitation, authorized the release of
information about his case. The United Nations Iraq Kuwait Observer
Mission [UNIKOM] has admitted that the Americans' crossing into Iraq
was their error. During the recent trial, Mr. Daliberti and Mr. Barloon
had a court appointed attorney who argued on their behalf but the judge
found them in violation of an Iraqi residency law and sentenced them to
8 years in prison. I am outraged by the imprisonment of innocent
Americans and join with my colleagues in condemning this action. Saddam
Hussein should immediately pardon and release these two Americans.
I have urged President Clinton to use all necessary measures to bring
this situation to a swift, negotiated and peaceful conclusion. I am
continuing to monitor this international situation through daily
contact with White House advisors and with the State Department. I am
hopeful that the Americans will soon be returned to their awaiting
friends and family.
Currently, the Clinton administration is working with Polish
authorities who are our protecting power in Baghdad and through other
diplomatic channels to obtain the release of these Americans. I
strongly support the President's efforts to resolve this grave
obstruction of justice and believe that these Americans should be
released by Iraq immediately.
I pledge to do all that I can to work with the administration to
resolve this situation quickly and peacefully.
In closing, I wish to express my concern and very strong support for
Mr. Daliberti's wife, other relatives, and friends.
Mrs. FOWLER. Mr. Speaker, I rise today to express my strong support
for House Resolution 120, a resolution that our colleague Cliff Stearns
has introduced on behalf of two Americans who are currently being
detained in Iraq.
David Daliberti of Jacksonville, FL, and William Barloon of New
Hampton, IA, were taken into custody, tried, convicted, and sentenced
to 8 years in prison by Iraqi authorities because they took a wrong
turn at an unmarked intersection, were erroneously allowed to proceed
by U.N. troops, and inadvertently found themselves in territory
controlled by Iraqi forces. United Nations officials have conceded that
the United Nations was in error in allowing them to proceed.
In virtually any other nation, these individuals would have been
allowed to go on their way after a cursory evaluation of the situation
by the local authorities.
It is plainly apparent, however, that Saddam Hussein is attempting to
use this inadvertent entry in an effort to exert pressure on the United
States to lift current U.N. sanctions against Iraq. This strategy is
misguided. Iraq would do better to divorce the sanctions matters from
the case of the two Americans, because efforts to connect the two
situations will only lead the American people to conclude that the
Iraqi leadership is attempting to manipulate our Nation and will
encourage further resolve against any normalization of our relations.
Mr. Speaker, the prompt resolution of this strictly non-political
matter is in Iraq's best interest. I urge all of my colleagues to
support this measure and hope that Saddam Hussein and other parties
interested in a safe and stable Middle East will take heed of the
strong sentiments of the American people in this regard.
Mr. GILMAN. Mr. Speaker, I yield back the balance of my time.
Mr. HAMILTON. Mr. Speaker, I, too, yield back the balance of my time.
The SPEAKER pro tempore (Mr. Barrett of Nebraska). The question is on
the motion offered by the gentleman from New York [Mr. Gilman] that the
House suspend the rules and agree to the resolution (H. Res. 120), as
amended.
The question was taken.
Mr. STEARNS. Mr. Speaker, on that I demand the yeas and nays.
The yeas and nays were ordered.
The SPEAKER pro tempore. Pursuant to clause 5, rule I, and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
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