[Congressional Record Volume 144, Number 10 (Wednesday, February 11, 1998)]
[Extensions of Remarks]
[Page E137]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




         INTRODUCTION OF H.R. 3161--TORTURE VICTIMS RELIEF ACT

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                            HON. TOM LANTOS

                             of california

                    in the house of representatives

                      Wednesday, February 11, 1998

  Mr. LANTOS. Mr. Speaker, on February 4th, I joined my distinguished 
colleague from New Jersey, Congressman Christopher Smith, in 
introducing H.R. 3161, the Torture Victims Relief Act. Together, the 
two of us introduced similar legislation during the 104th Congress.
  Our important legislation attempts to deal with the detrimental 
consequences of the most egregious form of violation of international 
human rights--the widespread use of torture. Human rights experts 
estimate that there are over 79 countries around the world where 
torture is practiced on a systematic basis. As a consequence, there are 
currently an estimated 200,000 to 400,000 victims of foreign 
governmental torture in the United States, who are in dire need of 
qualified psychological and medical treatment in adequate facilities. 
The traumatic experiences of torture--which according to experts in 
most cases does not ultimately aim to obtain information, but simply to 
break and destroy the victim's personality and human identity--result 
in continuous nightmares, flashbacks, anxiety attacks, and deep 
depressions.
  In 1973, Amnesty International appealed to the world medical 
profession to respond to the international use of torture and to 
develop a multi-pronged treatment program to counter the severe effects 
of torture. These efforts--in particular under the outstanding 
leadership of Dr. Inge Genefke, MD, DMSc.h.c.--resulted in the 
establishment of the first Rehabilitation and Research Centre for 
Torture Victims in Copenhagen, Denmark, in 1982. This international 
movement has now grown to encompass 173 centers in 76 countries. The 
successful work of these centers--based on four parallel pillars 
consisting of psychotherapy, physiotherapy, social counseling and 
nursing--have shown that with adequate treatment, torture victims can 
resume productive and fulfilling lives.
  Mr. Speaker, since torture is used by the most despicable of 
totalitarian oppressors around the world as one of their most common 
techniques for suppressing freedom of speech and democratic rights, it 
typically targets the strongest and most outstanding defenders of these 
democratic values in foreign countries. The United States has 
courageously defended and promoted the values of freedom and democracy 
around the world, the very principles on which this country was 
founded. The victims of torture are these courageous people who, 
knowing full well the risk of physical and psychological harm which 
will inevitably come to them if they are arrested, uphold our common 
values in the face of their brutal oppressors.
  Mr. Speaker, these heroic defenders of human rights and human liberty 
deserve our strongest support. The Torture Victims Relief Act (H.R. 
3161) will fully implement the provisions of the U.N. Convention 
Against Torture and Other Cruel, Inhuman, or Degrading Treatment or 
Punishment, which prohibits the involuntary return of any person to a 
country if there is substantial evidence that a reasonable person in 
those circumstances would fear subjection to torture.
  President Ronald Reagan signed the U.N. Convention on April 18, 1988, 
and the United States Senate ratified it on 21 October, 1994. With the 
ratification of this convention, these international norms became 
binding law in the United States. There is no domestic legislation, 
however, to implement these international legal provisions. Our 
legislation will rectify this oversight by providing the legal 
provisions necessary to implement the Convention on Torture.
  Furthermore, our important bill will make important changes in the 
immigration procedures under which torture victims will be handled. The 
provisions of this bill expedite the processing for asylum applicants 
who make credible claims that they have been victims of torture. The 
legislation establishes the presumption that such applicants should not 
be detained while their asylum case is pending, and it designates 
refugees who are torture victims as refugees of special humanitarian 
concern with priority for resettlement at least as high as that given 
to any other refugee group.
  In addition, the Torture Victims Relief Act provides for special 
training for officials who are involved in implementing immigration 
procedures. This training will provide information about torture and 
its long-term effects, and this will help these officials to consider 
the special physical and psychological circumstances a torture victim 
has to endure when they have to provide evidence in support of their 
asylum claim.
  In order to ensure an adequate rehabilitation treatment for victims 
of torture, this bill authorizes $5 million for FY 1999 and $7.5 
million for FY 2000 from funds authorized for the Department of Health 
and Human Services to support domestic torture treatment programs. In 
addition, the bill fully supports the international efforts I have 
outlined above. It authorizes $5 million for FY 1999 and $7.5 million 
for FY 2000 of funds authorized under the Foreign Assistance Act for 
international rehabilitation services, and it authorizes $3 million for 
FY 1999 and $3 million for FY 2000 of funds authorized under the 
Foreign Assistance Act to contribute to the United Nations Voluntary 
Fund for Torture Victims.
  In a further effort to strengthen the international effort to address 
the scourge of torture, our legislation commits the United States to 
use its voice and vote in the United Nations to support the 
investigation and elimination of practices outlawed under the U.N. 
Convention Against Torture and Other Cruel, Inhuman, or Degrading 
Treatment or Punishment. Mr. Speaker, I urge all my colleagues to join 
me in support of this important legislation.

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