[Congressional Record Volume 149, Number 150 (Thursday, October 23, 2003)]
[Senate]
[Page S13069]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




                      PRISONERS OF WAR PROTECTION

  Mr. REID. Mr. President, a brave Nevadan by the name of LTC Jeffrey 
Tice was in the first Iraq war. He was flying an F-16 when it was hit 
by enemy fire. The plane went down. He was initially captured by Iraqi 
troops who were roaming the desert. He was, shortly thereafter, taken 
to the Iraqi authorities, which began 46 days of terror. He was held in 
captivity and tortured by the Iraqis for these 46 days.
  During the time he was there, he endured brutalities that are 
difficult to describe. They intended to break his spirit and his body. 
For example, he was forced to play Russian roulette. You know that 
Russian roulette only is a valid game when the revolver has bullets in 
the chamber. And, of course, he was forced to play Russian roulette 
with a loaded weapon. With the same pistol, he was beaten about the 
head. Among other things, his jaw was dislocated, his eardrum was 
punctured, and on other occasions he was beaten on the head. His legs 
were beaten with a wooden plank until he could not walk. He had an 
electric wire tied around his head. The shocks received were so severe 
that his body curled up in a fetal position violently, with every 
muscle in his body contracting in pain.
  These are only some of the things the Iraqi regime did to Colonel 
Tice. They did not break his spirit, but they did harm his body. Today, 
these many years later, he still suffers physical problems as a result 
of the torture. Not only does he have physical problems, he still 
suffers pain as a result of the torture.
  In 1996, we passed the Foreign Sovereign Immunities Act, which 
allowed State Department-designated terrorist states, including Iraq, 
to be held liable for personal injuries suffered by torture victims, 
including American POWs. In November of 2002, President Bush signed the 
Terrorism Risk Insurance Act, which included a provision designed to 
ensure that Americans could collect court-ordered damages from the 
frozen assets of terrorist states. During this time, 17 gulf war POWs 
and their families sued the Republic of Iraq. Saddam Hussein was also 
sued, as well as the Iraqi Intelligence Service.
  They filed these actions to seek justice for themselves--like Colonel 
Tice, those people who were brutalized--and to prevent future torture 
of others. In July, Judge Richard Roberts of the Federal district court 
ruled against Iraq, Saddam Hussein, and the Iraqi Intelligence Service, 
and found them liable for the torture of these POWs. In his opinion, 
Judge Roberts said, among other things, the importance of his decision 
was to deter the future torture of American POWs.
  His judgment was correct. It was appropriate. But the State 
Department and Justice Department have refused to honor it. Earlier 
this year, the President confiscated the $1.7 billion in Iraqi assets 
that have been held in private banks since 1990. The money was sent 
back to Baghdad for use in the reconstruction, a move which effectively 
blocked the efforts of tortured POWs to collect judgments in their 
favor. The administration has continued to spend this money knowing 
full well this judgment is pending.
  At the same time, the Department of Justice asked Judge Roberts to 
allow it to intervene in the case, stating its intention to have the 
judgment erased. Judge Roberts, in his wisdom, declined to allow this.
  These brave POWs made great sacrifices to protect the freedoms we 
have, the ability we have to salute the flag and to do things we take 
for granted. They now need our help.
  I am pleased to report the Senate took action last week to uphold the 
rights of the POWs and all Americans to be free from torture, hostage-
taking, and acts of terrorism committed by foreign dictators and 
tyrants. My amendment, which was accepted as part of the supplemental 
Iraqi budget request, makes perfectly clear the longstanding intent of 
Congress that those who torture and abuse U.S. citizens can and should 
be held accountable.
  Saddam Hussein was a tyrant who committed despicable acts. He 
committed atrocities against his own people and against Americans. In 
fact, as we speak, many believe he is behind the continuing attacks 
that are taking place in Iraq today.
  Now, in a real irony--or, perhaps better stated, an unreal irony--our 
Justice Department is trying to shield Saddam and his former regime 
from the accountability American law demands. My amendment, which was 
accepted, would have protected the rights of private citizens, 
including three brave Nevadans who were captured, taken hostage, and 
used as human shields by Saddam Hussein during his first gulf war. All 
of these brave heroes who were tortured at the hands of Saddam Hussein 
are merely seeking to hold Iraq accountable for its crimes and deter 
the torture of any American citizen by a terrorist state in the future.

  The civilized world cannot let such crimes go unpunished. The 
perpetrators must be held to account. I hope the conferees and the 
President will accept this amendment in the conference and not let the 
current system go forward.
  Justice must prevail, and if these people are not allowed to go 
forward with the judgment they have obtained and the protection they 
demand, it would not be a good day for American justice.
  The PRESIDENT pro tempore. The Senator from Kansas.

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