[Congressional Record Volume 143, Number 128 (Tuesday, September 23, 1997)]
[House]
[Pages H7715-H7716]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            INHUMANE INCARCERATION OF JENNIFER DAVIS IN PERU

  The SPEAKER pro tempore. Under a previous order of the House, the 
gentleman from Illinois (Mr. Ewing) is recognized for 5 minutes.
  Mr. EWING. Mr. Speaker, I have requested this special order time to 
alert my colleagues and the country to the plight of a 20-year-old 
young lady from my district who has been incarcerated in inhumane 
conditions in Peru for one year this Thursday. One year after her 
arrest on September 25, 1996, Jennifer Davis has been denied due 
process of law, including a trial and sentencing, and she still has no 
idea when to expect a trial.
  Jennifer was arrested 1 year ago when she foolishly agreed to serve 
as a ``mule'' in an increasingly common practice in Latin America in 
which gullible Americans are used to transport drugs into the United 
States in exchange for a free vacation and payment. In Jennifer's case, 
she was offered a free trip to Peru and $5,000 in exchange for carrying 
3.3 kilograms of cocaine.
  I want to say at the outset that in no way do I condone or apologize 
for what Jennifer Davis did. As a Member of Congress, I have repeatedly 
stressed my belief that the abuse of drugs is one of the most pressing 
issues facing our country and it is one of the biggest problems facing 
young people of our country.
  What Jennifer did was inexcusable and she must be punished for her 
acts. Jennifer was 19 when she was arrested. She had never been in 
trouble with the law before and I believe her mistake was one of 
youthful indiscretion and poor judgment. She is not a professional drug 
runner but a teenage kid who made a big mistake.
  I have met with her parents and they are good, Christian people who 
have no tolerance for drugs or breaking the law. Jennifer immediately 
admitted

[[Page H7716]]

her guilt to the police at the time of her arrest and offered to atone 
for her mistake by cooperating fully with the authorities. She has 
repeatedly admitted that she is guilty and has turned in several 
professional drug traffickers from Peru who arranged for this crime. At 
every opportunity over the past year, Jennifer has fully cooperated and 
has helped to lock up professional drug runners.
  Her willingness to cooperate and admit her guilt has gotten Jennifer 
nowhere. A year after her arrest, she sits in a jail with no trial or 
sentence. In fact, Jennifer has been punished because of her 
cooperation. Her trial has been repeatedly delayed because under the 
strange legal system in Peru her case is tied to the provisional drug 
runners who she turned in. They have repeatedly delayed Jennifer's 
trial. And if any of them appeal their sentence under this strange 
system, Jennifer's case will go through appeal, too, this despite her 
willingness to admit her guilt.
  The Government of Peru offers weak and unconvincing excuses for this 
delay. We have repeatedly found out that the officer who arrested 
Jennifer was later arrested himself for drug trafficking. He has 
already had a trial, has been sentenced, served 6 months, and is 
already out on the streets, all this while Jennifer sits in jail 
awaiting a sentence. It is clear to me that someone in high places in 
Peru wants inaction. One year without a sentence is completely 
inexcusable.
  I again call on the Government of Peru to move forward with this 
case. It is time that people in high places in Peru give action to this 
young lady. The conditions which Jennifer is being held in is 
inexcusable. The prison was built to hold 300 but has 700 women in it. 
There is no running water, inadequate nourishment, including no fruits 
or vegetables, disease is rampant and health care inadequate. Sick 
animals, roaches, and rats abound in the prison.
  Jennifer has lost over 20 pounds during the years she has been held. 
The prison conditions violate dozens of internationally recognized 
standards for the treatment of prisoners, standards to which the 
government of Peru has agreed to comply.
  I have tried to convey my concerns with the Peruvian ambassador to 
the United States, Mr. Luna. He has refused to meet with me and other 
Members of Congress to discuss the case. I am inserting in the RECORD a 
copy of a letter I received from the ambassador in which he refused our 
request to meet with him.

                              {time}  2230

  This issue has attracted attention in this Congress, but 
unfortunately the Government of Peru does not seem to care one iota 
about due process of law. Both the House and the Senate have passed 
sense of Congress resolutions calling for the Government of Peru to 
respect due process of law. The House Appropriations Committee has 
adopted language raising concerns about the matter, and the full Senate 
has adopted an amendment cutting foreign aid to Peru. The American 
people are beginning to question why this country should continue to 
send about $100 million in aid to Peru every year when the country has 
no respect for our laws. I will continue to raise a question in 
Congress and remind my colleagues that Ambassador Luna could not care 
less about the U.S. Congress.
  Mr. Speaker, on this 1-year anniversary of Jennifer Davis's arrest, I 
call on the Government of Peru to start treating prisoners like humans 
and start respecting the right to due process of law. I call on the 
United States Secretary of State to personally bring this important 
matter to the highest officials in Peru.


                                              Embassy of Peru,

                                    Washington, DC, June 17, 1997.
     Mr. Thomas W. Ewing,
     Member of Congress, Rayburn House Office Building, 
         Washington, DC.
       Dear Congressman Ewing: I refer to your letter requesting a 
     meeting for June 19th in order to discuss the cases of Ms. 
     Jennifer Davis and Ms. Krista Barnes, two American citizens 
     who were detained in Peru with 6.4 Kgrs. of cocaine.
       Although I appreciate your kind invitation, I must remind 
     you that this is an internal domestic matter that involves 
     the Peruvian Judicial branch which is separate and 
     independent from the Executive branch. Therefore, as the 
     representative of the Head of State, and the Executive in 
     particular, I am not authorized to discuss the issue with 
     foreign authorities. All information I have about these cases 
     has been provided to you and some of your colleagues in a 
     letter dated June 9th.
       Finally, I understand that on May 1st, you and the 
     Congressional Caucus on Human Rights organized an informal 
     conversation about prison conditions and the judicial system 
     in Peru. This Embassy attended the meeting and presented an 
     informal paper on the issue.
           Sincerely yours,
                                                 Richardo V. Luna,
     Ambassador.
                                  ____

                                    Congress of the United States,


                                     House of Representatives,

                                    Washington, DC, June 16, 1997.
     Ambassador Ricardo Luna,
     Embassy of Peru,
     Washington, DC.
       Dear Mr. Ambassador: We are writing to respectfully request 
     a meeting with you so that we may personally discuss the 
     matter of two Americans being held at the Santa Monica de 
     Chorillos women's prison in Peru, Ms. Jennifer Davis and Ms. 
     Krista Barnes.
       We have arranged our schedules to accommodate a meeting 
     with you at 3:15 p.m. on Thursday, June 19 in the office of 
     Rep. Ewing, 2417 Rayburn Building. We hope this time is 
     convenient for you. Please let us know as soon as possible 
     whether you will be able to participate in this meeting by 
     contacting Eric Nicoll in the office of Rep. Ewing at 225-
     2371.
       Other members of Congress have expressed an interest in 
     this case and may participate in this meeting. We will 
     provide you with a list of attendees prior to the meeting. 
     Thank you very much for your continued attention to this 
     matter and we look forward to meeting with you.
           Sincerely,
     Thomas W. Ewing,
       Member of Congress.
     Richard Durbin,
       U.S. Senator.
     Henry J. Hyde,
     Member of Congress.

                          ____________________