[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.
____________________