[Congressional Record Volume 143, Number 49 (Wednesday, April 23, 1997)]
[Extensions of Remarks]
[Pages E728-E729]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




             TOWARD A BETTER SYSTEM OF DIPLOMATIC IMMUNITY

                                 ______
                                 

                           HON. DAVID DREIER

                             of california

                    in the house of representatives

                       Wednesday, April 23, 1997

  Mr. DREIER. Mr. Speaker, earlier this year, here in our Nation's 
Capital, a young woman was killed in a car accident. This tragedy 
briefly became the subject of national news because the offending 
driver was a diplomat of the Republic of Georgia, and the driver was 
allegedly driving drunk. Thus, a horrible situation for the young 
woman's family became the focal point for an ad hoc rethinking of the 
issue of diplomatic immunity, and the reasonable expectation of most 
Americans that diplomats and their families should not be absolved of 
all personal responsibility for criminal actions.
  Diplomatic immunity unquestionably plays an important role in foreign 
relations between nations. I firmly believe that American diplomats, 
their staffs and their families must be shielded from abusive 
prosecution abroad by strict adherence to the international rule of law

[[Page E729]]

upon which diplomatic immunity is based. In the United States, the same 
principles must apply to those associated with diplomatic missions here 
in Washington, at the United Nations in New York City, and at 
consulates in California and throughout our country.
  While the concept of diplomatic immunity remains an important 
underpinning of peaceful diplomacy, it is time, with the exponential 
growth of the diplomatic corps, that we reexamine the procedures and 
policies implicit in the doctrine of diplomatic immunity. In short, 
while diplomats cannot be held hostage by foreign governments through 
criminal prosecution of themselves, their families or their staffs, 
that does not mean that civilized countries cannot agree to hold their 
own diplomatic personnel accountable in their own judicial systems.
  I recently met with a now-retired New York City detective, a highly 
decorated veteran of street wars, who attempted to arrest a young man, 
the son of a diplomat, who is a serial rapist. I recently met with one 
of that young man's victims, whose life has never fully returned to 
normal. I recently met with representatives of the International 
Association of Chiefs of Police, the National Organization for Victim's 
Assistance, the National Association of Crime Victims Compensation 
Boards, the National Black Police Association, Mothers Against Drunk 
Drivers, and the National Law Enforcement Council.
  These officers, victims, and advocates were assembled by constituents 
of mine in California who are responsible for an important study of 
cases of diplomatic immunity abuse. In the book by veteran journalist 
Chuck Ashman and attorney Pamela Terracott, ``Diplomatic Crime'', they 
document that the majority of criminal acts which trigger the 
imposition of diplomatic immunity claims are committed not by 
Ambassadors or senior ministers, but by their lower ranking staff and 
family members. They point out that there are cases in which those 
accused are not only excused but remain in their duty post or are 
quickly reassigned to another

  I commend Chuck and Pamela for their dedicated research. I thank 
victims and police for their determination to shed light on abuses. I 
appreciate the concern on the part of so many significant police and 
victims support groups for this issue.
   Mr. Speaker, as I mentioned, the tragic death of a young woman at 
the hands of a drunk driver forced the issue of diplomatic immunity 
back to the front pages earlier this year. In that one case, the 
government of the accused has waived his immunity and allowed American 
procedures for justice to move ahead. What is most significant about 
that decision is how unique it is in the field. In fact, the knee jerk 
reaction of most nations, including the United States, is to recall 
those accused of crimes before there is any determinations as to the 
merits of the charges.
  It is my view that the growth in the number of diplomatic personnel, 
along with media technology that spreads word of crimes across the 
country in minutes, creates the potential for public outrage that could 
threaten the entire system of diplomatic immunity sometime in the 
future. Therefore, I believe that now is the time for Congress to begin 
an effort to seriously investigate how to improve and protect 
diplomatic immunity. I recently introduced legislation, H.R. 1236, to 
get that process underway. I would like to thank Congressman Chris 
Smith, the chairman of the International Relations Committee's 
Subcommittee on International Operations and Human Rights for 
incorporating the provisions of H.R. 1236 into H.R. 1253, the Foreign 
Relations Authorization Act for fiscal years 1998 and 1999, which was 
reported out of the subcommittee on April 9.
  This legislative effort may be of little comfort to the victims of 
that serial rapist or to the families of those killed by drunken 
drivers who have not been called to account in any nation, but I 
believe it is a step in the right direction. The Congress should know 
when and where these incidents occur. The Congress and the American 
people should know the disposition of cases involving American 
officials overseas accused of crimes. I look forward to the Congress 
moving forward on this issue, to study the reports we are requesting 
from the State Department, and to take the lead globally in exploring 
how to balance the needs of diplomacy and the demands of a changing 
society.
  Again, Mr. Speaker, I commend Chuck Ashman and Pamela Terracott for 
their dedicated research, and thank the victims and those police who 
have shown such determination to shed light on abuses.

                          ____________________