[Congressional Record Volume 146, Number 18 (Thursday, February 24, 2000)]
[Senate]
[Pages S779-S782]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
COMMEMORATING THE FOURTH ANNIVERSARY OF THE BROTHERS TO THE RESCUE
SHOOTDOWN
Mr. MACK. Mr. President, I come to the floor today to commemorate
four brave Americans. Theirs is a story of courage, it is a story of
heroism, and it is a story of freedom.
Four years ago today, on February 24, 1996, Fidel Castro sent Cuban
MiG fighters into the Florida Straits and killed Carlos Costa, Armando
Alejandre, Mario de la Pena, and Pablo Morales.
These men were members of a humanitarian organization known as
``Brothers to the Rescue.'' These volunteers search the Florida Straits
for rafters. Too many Cubans die each year in their flight to freedom.
The Brothers try to save lives.
So my thoughts and prayers today are with the families of the brave
and courageous humanitarians who lost their lives 4 years ago. I know
this day must be especially difficult for the families--today reminds
them of the terrible loss suffered, and today also
[[Page S780]]
marks another year passed without closure.
People need to be able to put the past behind them and move on. But
when the President and his administration give assurances and advice,
and American families trust and obey this advice only to be dragged
along and let down, the administration commits a great injustice.
Think for a moment about Armando's sister or Mario's mother, or any
other family member. Think for a moment, how you would feel if your
brother or son was murdered while volunteering with a humanitarian
organzation--killed by state-of-the-art fighter jets flown by the air
force of one of the world's last totalitarian dictators? I know the
pain for me would be unbearable.
I join with the families today in remembering these brave men. I want
to tell their story of freedom, their story of courage, and their story
of heroism.
Armando came to the United States from Cuba as a child. He so loved
his life here, his freedom, that he joined the U.S. Marine Corps and
volunteered for a tour in Vietnam. He volunteered to fight for his
adopted home. He survived his tour only to be murdered by Fidel Castro.
He was 45 years old. His wife of 21 years and his daughter have now
lived with the struggle for justice for 4 years. They are in our
thoughts today.
Carlos, a Florida native, was 29 years old when the Cuban government
shot him out of the sky. He was always interested in aviation and
dreamed of one day overseeing the operations of a major airport. He
received his college degree from Embry-Riddle Aeronautical University
and worked for the Dade County Aviation Department. His parents and
sister today are in our thoughts.
Mario, a New Jersey native, was only 24 years old when Castro's MiG's
took his life. He was in his last semester at Embry-Riddle, working
toward his dream of becoming an airline pilot. His parents and brother
are in our thoughts today.
Pablo left Cuba on a raft in 1992, and the Brothers to the Rescue
saved his life. Indebted to these heroic pilots, he joined them and
began training to obtain his pilot's license. Pablo often talked of his
family still in Cuba and how much he missed them. Since his death,
there are reports that they have been persecuted and discriminated
against. Our thoughts are with his family in Cuba today.
Remember, as you think of these men this afternoon, what they were
doing when they lost their lives--they were working to save the lives
of others. This humanitarian effort must have so enraged Fidel Castro
that he ordered the interception of these small, unarmed aircraft by
his huge fighter jets to be blown from the sky with air-to-air
missiles.
Two days after their murder four days ago, the President so moved by
this tragedy said on national television;
I am asking that Congress pass legislation that will
provide immediate compensation to the families, something to
which they are entitled under international law, out of
Cuba's blocked assets here in the United States.
Mr. President, I ask unanimous consent to have printed in the Record
two items which detail this President's request for legislation. First,
a transcript of ABC Breaking News February 26, 1996, with Peter
Jennings; and second, the White House press release dated February 26,
1996 in which the President requests this legislation from the
Congress. I ask that this be printed immediately following my
statement.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 1.)
Mr. MACK. Two months later the Congress passed the bill--the Anti-
Terrorism Act of 1996--and the President signed it in a large ceremony
on the White House lawn.
The Brothers' families wanted to understand the new rules before they
chose to proceed with any civil suit. They met with officials from the
U.S. State Department to clarify the meaning of the new law.
In their meeting at the State Department, the families were told the
U.S. Government encouraged them to file the civil lawsuit against the
Cuban government.
Mr. President, I ask unanimous consent that an affidavit by Maggie
Khule which documents State Department support for the lawsuit be
printed in the Record immediately following my statement.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 2.)
Mr. MACK. Mr. President, they took the Cuban Government to court. It
took a long time, but eventually they won. In December of 1997, almost
2 years ago, a United States Federal court entered judgments against
Cuba for the murders of their family members. Justice seemed to be won.
The end appeared to be near. But the very same U.S. Government and the
same Clinton administration that encouraged the families to postpone
closure and pursue legal justice began to oppose them. They entered the
lawsuit on the side of Fidel Castro.
I quote from Maggie Khule's testimony of last October before the
Senate Judiciary Committee, and Maggie Khule is the sister of Armando
Alejandre:
No words can possibly explain our shock when we went to
court and found U.S. attorneys sitting down at the same table
as Cuba's attorneys. How can you explain to a mother who has
lost her son, to a wife who has lost her husband, to a
daughter who has lost her father, that their own government
is taking the murderer's side? . . . The Clinton
administration has shut its doors to us. Secretary of State
Albright, for example, won't meet with us on any of our other
concerns because, to quote an aide, ``We are on the opposing
side of this civil action.'' Are we? We thought we were the
victims' families, victims ourselves. We thought we were
Americans entitled to protection from our own country. We
thought Cuba was the terrorist, the guilty party.
Mr. President, I ask my colleagues to take a moment from their busy
schedules today, on this fourth anniversary of the murder of four brave
humanitarians, and think about the blight of terrorism and the cost it
has extracted from too many families of our country.
Think also this afternoon about what we ask to deter terrorism and
promote justice. I want to read one more quote, this time from a
Federal judge who heard the case brought by the families against Cuba.
After observing this administration's change of position from support
to opposition, he states the following in the March 1999 ruling:
The court notes with great concern that the very President
who in 1996 decried this terrorist action by the Government
of Cuba now sends the Department of Justice to argue before
this court that Cuba's blocked assets ought not to be used to
compensate the families of the U.S. nationals murdered by
Cuba. The executive branch's approach to this situation has
been inconsistent at best. It apparently believes that
shielding a terrorist state's assets are more important than
compensating for the loss of American lives.
Mr. President, I ask unanimous consent that this section of the
court's decision be printed in the Record following my statement.
The PRESIDING OFFICER. Without objection, it is so ordered.
(See exhibit 3.)
Mr. MACK. Mr. President, the story of these four brothers, the
Brothers to the Rescue, is a story of heroism and freedom. These men
risked their lives for their own freedom as well as for the freedom of
others, and their families have fought tirelessly for justice. I hope
my colleagues will think about these courageous families. We must,
indeed, honor them and their memories and the memories of their loved
ones this afternoon.
Mr. President, I yield the floor.
Transcript From ABC News, February 26, 1996
Exhibit 1
Announcer. This is a special report from ABC News.
* * * * *
Pres. Bill Clinton. Good afternoon. Two days ago, in broad
daylight, and without justification, Cuban military aircraft
shot down two civilian planes in international airspace.
Search and rescue efforts by the Coast Guard, which began
immediately after we received word of the incident, have
failed to find any of the four individuals who were aboard
the airplanes.
These small airplanes were unarmed, and clearly so. Cuban
authorities knew that. The planes posed no credible threat to
Cuba's security. Although the group that operated the planes
had entered Cuban airspace in the past on other flights, this
is no excuse for the attack and provides--let me emphasize--
no legal basis under international law for the attack. We
must be clear, this shooting of civilian aircraft out of the
air was a flagrant violation of international law.
Saturday's attack is further evidence that Havana has
become more desperate in its efforts to deny freedom to the
people of Cuba.
[[Page S781]]
Also on Saturday, the Cuban Council, a broad group that
wants to bring democracy to Cuba, had planned a day of
peaceful discussion and debate. Instead, in the days leading
up to this gathering, scores of activists were arrested and
detained. Two have already been sentenced to long prison
terms. They join about 1,000 others in Cuba who are in jail
solely because of their desire for freedom.
Now the downing of these planes demands a firm response
from both the United States and the international community.
I am pleased that the European Union today strongly
condemned the action.
Last night, on my instructions, Ambassador Albright
convened an emergency session of the United Nations Security
Council to condemn the Cuban action and to present the case
for sanctions on Cuba until it agrees to abide by its
obligation to respect civilian aircraft and until it
compensates the families of the victims.
Today I am also ordering the following unilateral actions.
First, I am asking that Congress pass legislation that will
provide immediate compensation to the families--something to
which they are entitled under international law--out of
Cuba's block assets here in the United States. If Congress
passes this legislation, we can provide the compensation
immediately.
Second, I will move promptly to reach agreement with the
Congress on the pending Helms-Burton Cuba legislation so that
it will enhance the embargo in a way that advances the cause
of democracy in Cuba.
Third, I have ordered that Radio Marti expand its reach.
All the people of Cuba must be able to learn the truth about
the regime in Havana, the isolation it has earned for itself
through its contempt for basic human rights and international
law.
Fourth, I am ordering that additional restrictions be put
on travel in the United States by Cuban officials who reside
here and that visits by Cuban officials to our country be
further limited.
Finally, all charter air travel from the United States to
Cuba will be suspended indefinitely.
These deliberate actions are the right ones at this time.
They respond to Havana in a way that serves our goals of
accelerating the arrival of democracy in Cuba, but I am not
ruling out any further steps in the future, should they be
required.
Saturday's attack, was an appalling reminder of the nature
of the Cuban regime--repressive, violent, scornful of
international law. In our time democracy has swept the globe,
from the Philippines exactly 10 years ago, to Central and
Eastern Europe, to South Africa, to Haiti, to all but one
nation in our hemisphere. I will do everything in my power to
see that this historic tide reaches the shores of Cuba.
And let me close by extending, on behalf of our family and
our country, our deepest condolences to those in the families
of those who lost their lives.
Thank you very much.
____
[From The White House, Office of the Press Secretary, Feb. 26, 1996
Fact Sheet on Cuba
The President has directed his Administration to take the
following steps immediately in response to the Cuban
Government's blatant violation of international law:
Seek rapid international condemnation of Cuba's actions.
The European Union today strongly condemned the Cuban
shootdown.
The United States will seek United Nations Security Council
condemnation and press that sanctions be imposed until Cuba
provides compensation to the families of victims and abides
by international law.
The United States will seek condemnation of Cuba by the
International Civil Aviation Organization and other relevant
international bodies.
Move promptly to reach agreement with Congress on the
pending Helms-Burton Cuba legislation so that it will enhance
the effectiveness of the embargo in a way that advances the
cause of democracy in that country.
Request the Congress to pass legislation authorizing
payment of compensation to the families of victims out of
Cuban blocked accounts in New York.
Restrict the movement of Cuban diplomats in the U.S. and
tighten criteria for issuing visas to employees of the Cuban
government.
Increase support for Radio Marti to overcome jamming by
Cuba.
Indefinitely suspend all commercial charter flights to
Cuba.
Exhibit 2
[In the U.S. District Court for the Southern District of Florida,
Southern Division, Civil Nos. 96-10126, 96-10127, 96-10128 Judge King]
Marlene Alejandre, et al., plaintiffs, v. The Republic of Cuba and The
Cuban Air Force, defendants
declaration of margarita a. khuly
Margarita A. Khuly, pursuant to 28 U.S.C. Sec. 1746,
declares the following under penalty of perjury:
1. My name is Margarita Alejandre Khuly, my Social Security
No. 000-00-0000, and my address is 7501 SW 62, Miami-Dade
County, Florida 33143.
2. My brother, Armando Alejandre, was murdered by the
government of Cuba on February 24, 1996. He and three other
men were shot down by the Cuban Air Force over international
waters while flying two small, unarmed civilian aircraft on a
humanitarian mission.
3. On August 22, 1996, I attended a meeting at the United
States Department of State, Cuba Desk, to discuss issues
related to the shoot down. Also present were the following
relatives of the murdered men: Marlene Alejandre, Mario de la
Pena, Miriam de la Pena, Jorge Khuly, Mirta Mendez, Richard
Mendez and Nelson Morales.
4. The meeting was chaired by Michael E. Ranneberger,
Coordinator, Office of Cuban Affairs, United States
Department of State. Others US government officials present
included Hal Eren, OFAC; Robert Malley, NSC; Lula Rodriguez,
State, and Susana Valdez, WH liaison.
5. The issues discussed at this meeting included the
forthcoming humanitarian payments from the United States
government to each family of the four murder victims.
6. The families had been asked to bring with them to this
meeting personal and financial institution information so
that the United States government would directly transfer the
humanitarian payments to individual bank accounts. A
handwritten handout requesting these facts and distributed at
the meeting was to be filled out and mailed to R. Richard
Newcomb, OFAC.
7. Several concerns related to these humanitarian payments
were discussed at this meeting Very important was the one
dealing with limitations, if any, contingent upon acceptance
of the humanitarian payments.
8. Miriam de la Pena specifically asked Mr. Ranneberger
that if accepting President Clinton's humanitarian payments
meant the families would then be restricted in seeking other
measures of justice, including legal and financial ones.
9. Mr. Ranneberger replied that no, the payments were meant
to be a ``gesture'' on the President's part. He stated that
the US government did not want to offend the families, only
ease their pain, and that the payments in no way were meant
to put a value on the four murdered men's lives.
10. Other family members then posed questions asking for
additional clarification on any conditions tied to the
humanitarian payments. it was specifically asked if any
signed releases were to be requested from the families upon
acceptance of the monies.
11. Mr. Ranneberger reassured the families again by stating
that accepting the humanitarian payments did not make them
incur any obligations, legal or otherwise, and that they were
free to pursue any other avenues they desired in their search
for justice.
12. The possibility of legal action against the government
of Cuba was brought up by the families and Mr. Ranneberger
said that the US government not only did not oppose this, but
encouraged them to seek justice through US and international
courts.
13. Richard Mendez brought up the figure the US government
had advised the families they would be receiving and
commented that the amount was so small it was meaningless.
Mr. Ranneberger responded that this figure was intended as a
humanitarain gesture, not as compensation.
I declare under penalty of perjury that the foregoing is
true and correct.
Date: January 12, 1999.
Margarita Alejandre Khuly.
Exhibit 3
[U.S. District Court, Southern District of Florida, Case Nos. 96-10126-
Civ-King, 96-10127-Civ-King, 96-10128-Civ-King]
Marlene Alejandre, Individually and as Personal Representative of the
Estate of Armando Alejandre, Deceased, plaintiff, v. the Republic of
Cuba and the Cuban Air Force, defendants, v. AT&T Corporation, AT&T of
Puerto Rico, Inc., Global One Communications, L.L.C., Sprint
Corporation, Wiltel, Inc., Telefonica Larga Distancia de Puerto Rico,
Inc., MCI International, Inc., IDB Worldcom Services, Inc., MCI
Worldcom, Inc., Citigroup Inc. and its Subsidiaries, and the Chase
Manhattan Corporation and its Subsidiaries, garnishees
____
Mirta Mendez, as Personal Representative of the Estate of Carlos
Alberto Costa, Deceased, plaintiff, v. the Republic of Cuba and the
Cuban Air Force, defendants, v. AT&T Corporation, AT&T of Puerto Rico,
Inc., Global One Communications, L.L.C., Sprint Corporation, Wiltel,
Inc., Telefonica Larga Distancia de Puerto Rico, Inc., MCI
International, Inc., IDB Worldcom Services, Inc., MCI Worldcom, Inc.,
Citigroup Inc. and its Subsidiaries, and the Chase Manhattan
Corporation and its Subsidiaries, garnishees.
____
Mario T. de la Pena and Miriam de la Pena, Individually and as Personal
Representatives of the Estate of Mario M. de la Pena, Deceased,
plantiff, v. the Republic of Cuba and the Cuban Air Force, defendants,
v. AT&T Corporation, AT&T of Puerto Rico, Inc., Global One
Communications, L.L.C., Sprint Corporation, Wiltel, Inc., Telefonica
Larga Distancia de Puerto Rico, Inc., MCI International, Inc., IDB
Worldcom Services, Inc., MCI Worldcom, Inc., Citigroup Inc. and its
Subsidiaries, and the Chase Manhattan Corporation and its Subsidiaries,
garnishees.
* * * * *
[[Page S782]]
The Court concludes that, contrary to the President's
intention in executing the waiver, Congress did not intend to
give the President the broad authority to waive the new
subsection (f)(1) when it gave him the power to waive ``the
requriements of this section.'' In so ruling, the Court gives
considerable weight to the fact that the larger part of the
available legislative history supports this interpretation.
Also persuasive is the fact that section 117 is the outgrowth
of the 1996 AEDPA amendments to the FSIA. Congress therein
expressly waived the jurisdictional immunity of terrorist
foreign states, and also their immunity from attachment or
execution. Congress later clarified the mechanism through
which the victims of an attack by a terrorist foreign state
may sue for compensatory and punitive damages. By enacting
section 117, Congress expanded the property subject to
attachment/execution, giving the victims a larger pool of
assets from which to satisfy any judgment in their favor. All
of these legislative enactments are guided by a single
purpose: to provide an executable judicial remedy to the
nationals of the United States attacked by a terrorist
foreign state. Had Congress intended to give the President
the authority single-handedly to impede achievement of this
goal, it could have done so more clearly in section 117(d).
Its failure unambiguously to do so favors a narrow reading,
both in light of legislative history and the fact that
Congress usually specifies the waiver authority it grants
with greater clarity. The President cannot simply express his
intention to execute a law a certain way if that action is
not allowed by the legislative authority to which it is made
pursuant.\16\ If the Government, the Garnishees, Non-Party
ETECSA, or any other individual or entity objects to this
Court's interpretation of this unclear legislative mandate,
it should turn to Congress and have that government branch
clearly enunciate a broad waiver authority in an amended
section 117(d). It is this Court's responsibility to
interpret the law as written; only Congress can re-write the
law.
* * * * *
footnote
\16\ The Court notes with great concern that the very
President who in 1996 decried this terrorist action by the
Government of Cuba now sends the Department of Justice to
argue before this Court that Cuba's blocked assets ought not
be used to compensate the families of the U.S. nationals
murdered by Cuba. The Executive branch's approach to this
situation has been inconsistent at best. It now apparently
believes that shielding a terrorist foreign states' assets
are more important than compensating for the loss of American
lives.
The PRESIDING OFFICER. Under the previous order, the Senator from New
Mexico is recognized.
____________________