[Congressional Record Volume 142, Number 133 (Tuesday, September 24, 1996)]
[House]
[Pages H10909-H10911]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




           RELATING TO EXTRADITION OF MARTIN PANG FROM BRAZIL

  Mr. GILMAN. Mr. Speaker, I move to suspend the rules and agree to the 
concurrent resolution (H. Con. Res. 132) relating to the extradition of 
Martin Pang from Brazil to the United States, as amended.
  The Clerk read as follows:

                            H. Con. Res. 132

       Whereas it is alleged that Martin Pang intentionally 
     started a warehouse fire in Seattle, Washington on January 5, 
     1995, that killed four firefighters;
       Whereas shortly thereafter Martin Pang fled to Brazil from 
     where he was extradited to the United States on March 1, 
     1996;
       Whereas the extradition decision of the Supreme Court of 
     Brazil states that Martin Pang should stand trial in the 
     United States only for arson and not for felony murder; and
       Whereas it is accepted international practice in 
     extradition cases for the executive authorities of the 
     requested state to grant consent for prosecution of offenses 
     other than those for which the fugitive was extradited: Now, 
     therefore, be it

[[Page H10910]]

       Resolved by the House of Representatives (the Senate 
     concurring), That it is the sense of the Congress that in the 
     interests of justice and furthering good relations between 
     the United States and Brazil, the Government of Brazil should 
     grant its consent to prosecution of Martin Pang for both 
     arson and felony murder.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New 
York [Mr. Gilman] and the gentleman from Indiana [Mr. Hamilton] each 
will control 20 minutes.
  The Chair recognizes the gentleman from New York [Mr. Gilman].
  Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
  Mr. Speaker, House Concurrent Resolution 132 was introduced by Rep. 
Jennifer Dunn and her Washington State colleagues to urge the 
Government of Brazil to allow Mr. Martin Pang to be extradited to the 
United States to stand trial for both arson and first degree murder.
  Mr. Pang is accused of starting a warehouse blaze in January 1995 in 
Seattle that took the lives of four firefighters. Since the 
introduction of this resolution, Mr. Pang has been extradited to 
Seattle, where he awaits trial.
  However, the Brazilian extradition order is written in such a way 
that Mr. Pang can be tried for arson and not felony murder. Of course, 
U.S. authorities have a strong interest in trying this man for both 
crimes--arson and felony murder.
  We commend our State Department for working diligently for months to 
resolve the legal difficulties of this case. In fact, the committee 
consciously deferred action on this measure in the hope that diplomatic 
efforts might overcome this problem. That has not happened.
  In close consultation with the ranking Democratic Member, Mr. 
Hamilton, the committee has approved a resolution intended to encourage 
Brazilian authorities to redouble their efforts to formally grant its 
consent to prosecution of Martin Pang for both arson and felony murder.
  Mr. Speaker. I commend our colleague from Washington, Jennifer Dunn, 
for the initiative she has shown in introducing this resolution. We 
certainly hope that our Brazilian friends will accept this resolution 
and act in the spirit of good relations and justice.
  Mr. Speaker, I reserve the balance of my time.
  Mr. HAMILTON. Mr. Speaker, I yield myself such time as I may consume, 
and I rise in support of the resolution. I commend the Washington 
delegation for drafting a timely, bipartisan resolution on a sensitive 
issue in United States-Brazilian relationships. I also commend Chairman 
Gilman for having his staff work with us to update the language of the 
resolution. The resolution provides an opportunity for the United 
States Congress to urge that negotiations between the United States and 
Brazil move forward. I urge its adoption.
  Mr. GILMAN. Mr. Speaker, I yield such time as she may consume to the 
gentlewoman from Washington [Ms. Dunn].
  Ms. DUNN of Washington. Mr. Speaker, I rise today to urge passage of 
House Concurrent Resolution 132 relating to the extradition of Martin 
Pang from Brazil to the United States and to thank and praise the 
gentleman from New York [Mr. Gilman] and the members of the Committee 
on International Relations for recognizing the importance of this case 
and for moving the resolution forward. For the benefit of my colleagues 
who have not been able to follow this horrible tragedy, I want to thank 
the gentleman from New York for giving a brief history earlier on the 
matter in the Pang case.
  Let me just add that when Martin Pang set fire to that warehouse, a 
warehouse that belonged to his parents to Seattle, WA, that blaze 
ultimately took the lives of four brave firefighters.
  Immediately after the blaze, Pang fled to Brazil, where he later 
admitted his guilt to the FBI. After serious and lengthy negotiations, 
he was extradited to the United States on March 1, 1996, but he was 
extradited under the Brazil Supreme Court stipulation that he be tried 
for arson only and not for murder.
  This past February, as the chairman noted, I introduced the original 
version of today's resolution expressing the sense of Congress that 
Brazil should reverse its court decision and allow Pang to be tried 
both for arson and for murder.
  We must past this resolution. Pang's pretrial hearing is set for 
October 8, and that is why it is so critical to do this today. We must 
try to persuade the Brazilian Government to amend its extraditional 
order prior to October 8.
  They say that justice delayed is justice denied. Mr. Speaker, if we 
delay justice much longer, then justice literally will be denied in 
this case. We have waited some 20 months for justice. Now justice will 
only be served if Martin Pang is prosecuted to the fullest extent of 
the U.S. law. The four families who lost loved ones deserve what is 
right.
  So, Mr. Speaker, I urge my fellow Members to do what is right, take a 
positive step toward justice.
  Make no mistake; our action today will send a substantial message to 
the Government of Brazil in a strong bipartisan fashion. Indeed, my 
office has already been contacted by the Embassy with regard to this 
matter, so we know our message is being heard.
  Mr. Speaker, justice demands that Mr. Pang be tried for the murders 
of the courageous men who gave their lives in the line of duty. Today 
this House can do what is right for the families who lost loved ones. 
They deserve that much.
  I urge my colleagues to follow the bipartisan lead of the gentleman 
from New York [Mr. Gilman] of the Committee on International Relations. 
Let us do what is right for the families affected by this tragedy and 
for the entire Northwest community by passing this resolution urging 
Brazil to reconsider and allowing us to try Martin Pang for both arson 
and murder.
  Mr. DICKS. Mr. Speaker, Martin Pang stands accused of deliberately 
lighting the fire which led to the deaths of four Seattle firefighters. 
After allegedly committing this act, Pang fled to Brazil, where he was 
captured by Brazilian authorities.
  Although the Brazilian Government has allowed the extradition of Pang 
on charges of arson, Brazilian law and their constitution does not 
allow him to be extradited on charges of murder--charges for which he 
can and should be tried under United States law. To charge Martin Pang 
with murder, a waiver must be granted from the Brazilian Government.
  I would like to thank the gentlelady from Washington for introducing 
this legislation, which expresses to the Government of Brazil just how 
important this case is to the United States Congress and to the people 
of Washington State. I am hopeful that our efforts today, along with 
continued work by myself, the gentlelady, and the Justice Department, 
will lead to an agreement with the Brazilian Government which will 
allow justice to finally be done on behalf of the four firefighters and 
their families who were the victims of this terrible crime.
  Mr. METCALF. Mr. Speaker, I thank the gentleman for yielding and ask 
for unanimous consent to revise and extend.
  Mr. Speaker, as a cosponsor of House Concurrent Resolution 132 I rise 
in strong support of this legislation. I would like to thank the 
gentlelady from Washington State, Congresswoman Dunn, for her 
leadership on this issue and congratulate her on a job well done.
  Mr. Speaker, as you have heard today by the previous speakers House 
Concurrent Resolution 132 expresses the sense of Congress that Martin 
Pang should stand trial for felony arson charges and first degree 
murder charges because of his alleged involvement in the fire on 
January 5, 1995, that killed four firefighters in Seattle WA. This bill 
should be unnecessary, because our judicial system has charged Mr. Pang 
with these crimes. However, the supreme court of Brazil has ruled that 
Mr. Pang may only be charged with felony arson.
  Mr. Speaker, I submit that if this decision by the Brazilian supreme 
court is allowed to stand the families of the firefighters who gave 
their lives to protect our community will never receive the justice 
they deserve. The United States cannot allow another country veto power 
over the decisions of our judicial system.
  Mr. Speaker, let me remind the House that Mr. Pang allegedly 
committed a crime in the United States and then fled to Brazil and was 
returned to this country for trial. The involvement of the Brazilian 
Government in any aspect of this case beside ensuring the safe passage 
of Mr. Pang to the United States is misplaced at best. The United 
States as a sovereign nation must maintain the ability to prosecute 
those persons who are accused of crime without interference from a 
foreign country.
  Mr. Speaker, we have typically enjoyed favorable relations with the 
country of Brazil and we will continue to work toward that goal. But 
they must drop demands that infringe on our judicial system and U.S. 
sovereignty.

[[Page H10911]]

  Mr. Speaker, this legislation has the support of the local 
prosecution team, the local government, the Attorney General of the 
United States, the State Department, and the White House. Mr. Speaker, 
it is essential that justice be served. I urge passage of this bill and 
yield back the balance of my time.
  Mr. HAMILTON. Mr. Speaker, I yield back the balance of my time.
  Mr. GILMAN. Mr. Speaker, I have no further requests for time, and I 
yield back the balance of my time.
  The SPEAKER pro tempore. 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 concurrent resolution, H. Con. Res. 132, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the concurrent resolution, as 
amended, was agreed to.
  The title of the concurrent resolution was amended so as to read: 
``Concurrent resolution relating to the trial of Martin Pang for arson 
and felony murder.''.
  A motion to reconsider was laid on the table.

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