[Congressional Record Volume 144, Number 151 (Wednesday, October 21, 1998)]
[Extensions of Remarks]
[Pages E2271-E2272]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




EXPRESSING CONCERN OVER INTERFERENCE WITH FREEDOM OF THE PRESS AND THE 
      INDEPENDENCE OF JUDICIAL AND ELECTORAL INSTITUTIONS IN PERU

                                 ______
                                 

                        HON. BENJAMIN A. GILMAN

                              of new york

                    in the house of representatives

                       Tuesday, October 20, 1998

  Mr. GILMAN. Mr. Speaker, I am introducing this resolution to express 
concern over interference with freedom of the press and the 
independence of judicial and electoral institutions in Peru.
  I have been one of Peru's strongest supporters in Congress. There is 
no question that Peru has made it back from the brink of the abyss. No 
one should forget that not so many year ago, Peru was a terrorized 
nation.
  Peru has also become a good partner in the war against drugs. Now 
that coca prices in Peru have dropped to historically low levels, there 
is a real chance to help farmers grow legitimate crops. I have been 
pleased to encourage our European allies to join us in seizing this 
opportunity to promote meaningful alternative development in Peru.
  During my visit to Peru this past spring, I made it clear that 
President Alberto Fujimori deserves much credit for these 
accomplishments.
  Nonetheless, I feel it is important for the Congress to speak up at 
this time. I am increasingly concerned by signs that the independence 
of Peru's legislative, judicial and electoral branches is being 
compromised.
  Moreover, the continuing actions taken by the government of Peru 
against Baruch Ivcher, the Israeli-born owner of television station 
Channel 2, have become emblematic of government interference with 
freedom of expression in Peru. It is chilling that these acts of 
blatant intimidation were precipitated by Channel 2's exposes of 
abuses--including alleged torture and murder--by Peru's intelligence 
service.
  This resolution resolves that the erosion of the independence of 
judicial and electoral branches of Peru's government and the blatant 
intimidation of journalists in Peru are matters for concern by the 
United States. It would be very unfortunate if these trends were to 
undermine Peru's hard won stability and progress.
  This resolution also calls for an independent investigation and 
report on threats to press freedom and judicial independence in Peru by 
the Inter-American Commission on Human Rights of the Organization of 
American States. I believe that it is most appropriate for the Inter-
American community to look into these matters.
  I am pleased that the distinguished ranking Democratic member of our 
Committee, the gentleman from Indiana, Mr. Hamilton, and the gentleman 
from California, Mr. Lantos, also a member of our Committee, have 
joined me in co-sponsoring this resolution.
  We must, of course, continue to fully engage Peru in our important 
bilateral relationship, particularly in our shared fight against drugs 
and terrorism. Peru's efforts in these areas deserve our recognition 
and strong support. However, despite these very positive aspects in our 
relationship, the United States should not be expected to turn a blind 
eye to interference with freedom of the press and the independence of 
judicial and electoral institutions in Peru.
  I realize that this resolution is being introduced on the last day of 
this session. However, I believe it is important to bring this 
resolution to the attention of our colleagues and to the attention of 
Peru's authorities.

                              H. Res. 609

       Whereas the independence of Peru's legislative and judicial 
     branches have been brought into question by the May 29, 1997, 
     dismissal of 3 Constitutional Tribunal magistrates;
       Whereas actions related to efforts to authorize President 
     Alberto Fujimori to seek a third term in office have raised 
     questions about the independence of the National Council of 
     Magistrates and the National Election Board in Peru;
       Whereas the Department of State's Peru Country Report on 
     Human Rights Practices for 1997, dated January 30, 1998, 
     found that ``[i]ncidents of harassment of media 
     representatives increased to such an extent as to create the 
     perception of an organized campaign of intimidation on the 
     part of the Government, specifically, on the part of the 
     armed forces and intelligence services'';
       Whereas the Department of State's Peru Country Report on 
     Human Rights Practices for 1997 states that Channel 2 
     television station reporters in Peru ``revealed torture by 
     Army Intelligence Service officers; the systematic 
     wiretapping of journalists, government officials, and 
     opposition politicians; and the income tax return of 
     Vladimiro Montesinos, President Fujimori's senior 
     intelligence adviser'';
       Whereas on July 13, 1997, Peruvian immigration authorities 
     revoked the Peruvian citizenship of the Israeli-born owner of 
     the Channel 2 television station, Baruch Ivcher;
       Whereas Baruch Ivcher subsequently lost control of Channel 
     2 under an interpretation of a law that provides that a 
     foreigner may not own a media organization, leading the State 
     Department's Report on Human Rights Practices to conclude 
     that ``the Government's action in this case was widely 
     interpreted as an attempt to prevent the station from 
     broadcasting any more negative stories about the regime'';
       Whereas the Peruvian Government empaneled a special court 
     to prosecute Baruch Ivcher for alleged tax offenses employing 
     judicial procedures described by Peruvian legal experts as 
     completely irregular and as constituting political 
     interference in the independence of the judiciary; and
       Whereas the Peruvian Government has issued an INTERPOL 
     warrant for Baruch Ivcher's arrest and has initiated 
     investigations aimed at prosecuting members of Baruch 
     Ivcher's immediate family: Now, therefore, be it
       Resolved, That it is the sense of the House of 
     Representatives that--
       (1) the erosion of the independence of judicial and 
     electoral branches of the Government of Peru and the blatant 
     intimidation of

[[Page E2272]]

     journalists in Peru are matters for concern by the United 
     States; and
       (2) the United States should seek an independent 
     investigation and report on threats to press freedom and 
     judicial independence in Peru by the Inter-American 
     Commission on Human Rights of the Organization of American 
     States.

     

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