[Congressional Record (Bound Edition), Volume 157 (2011), Part 3]
[House]
[Pages 3062-3064]
[From the U.S. Government Publishing Office, www.gpo.gov]




    HUMAN RIGHTS CRISIS IN PUERTO RICO: FIRST AMENDMENT UNDER SIEGE

  The SPEAKER pro tempore. The Chair recognizes the gentleman from 
Illinois (Mr. Gutierrez) for 5 minutes.
  Mr. GUTIERREZ. Mr. Speaker, 2 weeks ago, I spoke about a serious 
problem in Puerto Rico. The problem is the systematic effort by the 
ruling party to deny the right of the people to speak freely, to 
criticize their government openly, and to make their voices heard.
  I talked about student protests that have been met with resistance by 
the Puerto Rico police. I talked about closed meetings of the 
legislature and about the efforts to silence and destroy the local bar 
association.
  I was not the first to speak about it, and I could have said much 
more. This report, entitled ``Human Rights Crisis in Puerto Rico: First 
Amendment Under Siege'' is searing.

                              {time}  1010

  It details the complaints of students, legislators, the press and the 
general public who were beaten, and pepper-sprayed by police; female 
students who were treated with gross disrespect; and the government's 
overreaction to demonstrations at the university and at the capitol 
over budget cuts and layoffs.
  This next picture, this is the capitol in San Juan, Puerto Rico, 
surrounded by riot police as people attempted to gain entrance to the 
same assembly as this one here today, and this is how they were met by 
the police. This is how the police dealt with protesters.
  The images of police tactics and behavior in these photos explain why 
our Department of Justice is investigating the Puerto Rican police for 
excessive force and unconstitutional searches as we speak today. How 
could you see these images and not speak out? I was hardly the first to 
speak out about these matters, and I probably won't be the last. Here 
it is, the Daily Sun in Puerto Rico, ``Sticks versus speech.''
  As a Member of Congress, it is more than my right, it is my 
obligation to speak out when fundamental freedoms are attacked. And 
what was the response to my free speech defending the right of the 
Puerto Rican people to be heard? It was to challenge my right to be 
heard here in the halls of Congress. The Resident Commissioner of 
Puerto Rico said in this very body that he is the only one authorized 
to speak about Puerto Rico at any time.
  This week, the Puerto Rican Legislature debated a resolution of 
censure--yes, censure--condemning me for speaking out against these 
very abuses. A leading member of the ruling party even said, Gutierrez 
wasn't born in Puerto Rico, his kids weren't born in Puerto Rico. 
Gutierrez doesn't plan to die and be buried in Puerto Rico, so 
Gutierrez doesn't have the right to speak about Puerto Rico.
  Well, let me tell you something, if you see injustice anywhere, it is 
not only your right but your duty to speak about it. We don't speak 
about injustice or apartheid or human rights abuses or the denial of 
rights of women in places around the world because we ourselves were 
born there. That would be silly. Where we see injustice we speak out 
because it is the right thing to do.
  Ironically, by questioning my right to speak out on behalf of free 
speech, they have made my point crystal clear. By challenging my free 
speech, they have amplified the words of my 5-minute speech more than 
if I had spoken for 5 hours.
  And it is their right, my critics have the right of free speech even 
as they deny the same right to others, but I want them to understand 
this: Your efforts to silence me--just as your efforts to silence so 
many in Puerto Rico who disagree with your government--will fail, just 
as every effort to blockade progress only makes the march toward 
justice more powerful and swift.
  I may not be Puerto Rican enough for some people, but I know this: 
Nowhere on Earth will you find a people harder to silence than Puerto 
Ricans. You won't locate my love for Puerto Rico on my birth 
certificate or on my driver's license or on my children's birth 
certificate or any other piece of paper. My love for Puerto Rico is 
right here in my heart, a heart that beats with our history and our 
language and our heroes, a place where, when I moved there as a 
teenager, people talked and argued and debated because we care deeply 
about our island and its future. That is still true today. That freedom 
is still beating in the hearts of university students, working men and 
women, labor leaders, lawyers and environmentalists, and every person 
who believes in free speech. You will not silence them, and you will 
not silence me.
  Abraham Lincoln, a leader who valued freedom above all else, said, 
``Those who deny freedom to others deserve it not for themselves.'' 
It's good advice, and I hope the leaders of Puerto Rico take it.
  Mr. Speaker, I would like to enter the ACLU report titled ``Human 
Rights Crisis in Puerto Rico: First Amendment Under Siege'' into the 
Record, as well as a statement by the president of the Service 
Employees International Union and the essay, ``Exposing the Shadows of 
Civil Rights in Puerto Rico'' by the National Puerto Rican Coalition.

    Human Rights Crisis in Puerto Rico; First Amendment Under Siege

(By the American Civil Liberties Union of Puerto Rico National Chapter)

       While the world celebrates the democratic revolution in 
     Egypt, major violations of basic human rights are occurring 
     in our own backyard. Since Governor of Puerto Rico Luis 
     Fortuno came into power two years ago, free speech has been 
     under all out assault. The following events have taken place 
     recently:
       Thousands of public workers have been laid off and had 
     their union contracts terminated, leading to tens of 
     thousands of people peacefully protesting over the past year. 
     One event turned out over 100,000 peaceful protestors and 
     while in NYC hundreds marched on May Day, in Puerto Rico May 
     Day turned out an estimated 30,000 citizens.
       At a protest at the steps of the Capital Building over the 
     closing of access to legislative sessions, access that is 
     constitutionally mandated, protesters were beaten 
     mercilessly, pepper sprayed and shot at by Puerto Rico 
     Police. The same has occurred at other locations.
       At most events young women are the first to be targeted for 
     police violence. At the University of Puerto Rico, female 
     students, many of whom were beaten, were also sexually 
     harassed, groped and assaulted (touched) by police. Students 
     have been mercilessly beaten, maced and shot at with rubber 
     bullets. Citizens have accused, which images captured 
     confirm, police of applying torture techniques on immobilized 
     student protesters. In the past two years, there have been 
     several riots at protests in and around the University of 
     Puerto Rico. Many protesters have accused the police of 
     causing the riots, which some videos also seem to confirm.
       Since taking the oath of office, the current 
     administration, which owns all three branches of government, 
     has set out to quash Freedom of Expression. In Puerto Rico, 
     Expression has been in the form of protests against 
     government policies, such as the firing of approximately 
     26,000 workers in total, privatizing government, closing off 
     access to public information and legislative sessions, 
     attempting to close down the university FM radio station 
     during periods of civil unrest and going after the Puerto 
     Rico Bar Association, which was a mandatory integrated Bar 
     and is Puerto Rico's oldest institution. The 171 year old 
     Puerto Rico Bar Association (Colegio de Abogados de Puerto 
     Rico) has historically been a known focal point for liberal 
     dissent against government policies.
       Puerto Rico Governor Fortuno, who is considered a rising 
     star in the Republic Party, has publicly committed to not 
     allowing what he calls ``extreme left'' protests and 
     expression. On Friday, February 11, 2011, Governor Fortuno 
     spoke about his administration's policies while speaking at a 
     Conservative Political Action Conference of the American 
     Conservative Union (ACU) in Washington, DC, an activity 
     attended by members of the National Rifle Association, the 
     Tea Party and the John Birch Society.
       At the University of Puerto Rico all forms of expression 
     have been prohibited, through a Resolution issued by UPR 
     Chancellor Ana Guadalupe; a resolution which Governor Luis 
     Fortuno ordered armed police officers to enforce. On 
     Wednesday, February 9, 2011, a group of students participated 
     in civil disobedience on campus, consisting of a paint-in. 
     During the paint-in, students peacefully and without 
     interrupting the educational process painted messages of 
     protest in a limited area of the street at the front of the

[[Page 3063]]

     main library, in defiance of the Chancellor's absolute 
     prohibition on any form of protest. Students immediately came 
     under extreme physical and violent attack by members of the 
     police force's elite and heavily armed SWAT and Riot Squad 
     teams.
       While the ACLU is looking to file charges on Human Rights 
     violations and evaluating other legal options, the Puerto 
     Rico Daily Sun, a conservative English language newspaper, 
     published a damming editorial in which it called for the 
     resignation of the university's president, chancellors and 
     the Board of Trustees. On Friday, February 11, 2011, 
     President Ramon De la Torres' resignation was unanimously 
     accepted by the Board of Trustees. However, the Board 
     Chairperson, Ygri Rivera, immediately stated that she will 
     not be removing armed Puerto Rico Police officers from the 
     University of Puerto Rico campus.
       In its editorial, the Puerto Rico Daily Sun, stated that 
     ``[t]he indiscriminate aggression of police riot squads 
     against students, who are exercising their constitutional 
     rights in public areas without interfering with any academic 
     or administrative activity, is a gross violation of their 
     rights and an act comparable only to the acts of the 
     dictatorships we all denounce and reject''. The Daily Sun 
     added that ``[w]e do not want this new order, neither for our 
     university, the Capitol, La Fortaleza or our neighborhoods. 
     We reject it with all our might, Exercising our freedom of 
     speech, or freedom of association, is not a crime''.
       As we say in Puerto Rico, ``mas claro no canta un gallo'' 
     (it could not have been more clearly stated).
       On Sunday, February 12, 2011, just four days after students 
     were mercilessly beaten by Puerto Rico Police agents, over 
     10,000 alumnus, parents, grandparents, family members and 
     other citizens took to the streets and marched over to 
     reclaim the UPR campus, demanding that the PRPD be 
     immediately ordered off campus.
       See news video: http://www.primer
     ahora.com/milesseunencontralacuotayla
     invasionpoliciacaenlaupr-474118.html.
       In addition to the debacle and related violence at the 
     University of Puerto Rico, in the past two years legislation 
     has been passed that would prohibit protests at construction 
     sites and most recently at any government building that 
     renders educational services and other locations rendering 
     government services, under penalty of criminal prosecution.
       The Puerto Rico Bar Association was recently de-certified 
     through legislation which the governor signed into law, which 
     all but shut down operations. Several lawyers aligned with 
     the views of the current administration pushed for de-
     certification and had previously sued the Bar Association in 
     federal court alleging that the Bar was forcing them to 
     purchase an unwanted insurance policy; its $78.00 per year 
     cost was paid from Bar Association dues. Bar members were 
     never informed of the particulars of the lawsuit and Federal 
     Judge Jose Antonio Fuste issued a GAG order prohibiting the 
     disclosure of important aspects of the case to Bar class 
     members.
       The Puerto Rico Bar Association is not being allowed to 
     inform and counsel Bar members about their right to opt out 
     of the lawsuit. Thousands of lawyers are not even sure why 
     they are a part of this lawsuit. It is believed that an 
     English language notice on the right to opt out of the 
     lawsuit may not be sufficient guarantee that Bar members will 
     fully understand the ramifications of their actions. Many 
     members of the Bar have limited English skills, particularly 
     lawyers in the smaller and rural towns.
       The newly elected President of the now voluntary Puerto 
     Rico Bar Association (Colegio de Abogados de Puerto Rico), 
     Osvaldo Toledo, was jailed on Friday, February 11, 2011, at a 
     federal detention center in Puerto Rico, where he remains on 
     contempt of a court charges for refusing to pay a $10,000 
     fine imposed on him for having counseled Bar members who 
     insist that they have a right to know the particulars of the 
     suit and procedure for opting out.
       Federal Judge Jose Antonio Fuste's GAG order extends not 
     only to the President of the Puerto Rico Bar Association, but 
     also board members, administrators, agents and servants. The 
     Executive Director of the American Civil Liberties Union in 
     Puerto Rico, William Ramirez, had previously been warned by 
     the Bar that he may not be able to speak out against what is 
     held to be an injustice and First Amendment infringement. 
     Speaking out in defiance of the federal court order may 
     result in the arrest of anyone covered by the court's GAG 
     order and further fines imposed against the Puerto Rico Bar 
     Association.
       After studying the court's order, we at the ACLU do not, at 
     this time, believe that the federal court order reaches class 
     members or other members of the Bar, including the staff and 
     cooperating attorneys of the ACLU in Puerto Rico. However, we 
     do believe the order to be unjust and believe it should be 
     set aside.
       The ACLU will continue to fight for the right to free 
     speech and peaceful assembly in Puerto Rico and fully intends 
     to take on any challenges that it may face.
                                  ____


 SEIU Calls for Congressional Investigation of Puerto Rico Riot Police 
                                 Action

       Washington, DC.--Mary Kay Henry, President of the Service 
     Employees International Union (SEIU), issued this statement 
     today concerning the actions of the Puerto Rico Riot Squad in 
     response to a non-violent protest led by university students 
     at Puerto Rico's Capitol in San Juan on Wednesday, June 30.
       ``The right of individuals to openly and freely voice their 
     dissent forms the foundation of a responsive, vibrant 
     democracy. As working men and women throughout the island of 
     Puerto Rico have shared their first-hand reports of the 
     events that took place at the Capitol this week, we are 
     deeply concerned that the actions of the police, and of the 
     Puerto Rican government, were driven to stifle and repress 
     the voices of these university students and citizens.
       ``What is even more troubling--the government's 
     questionable use of force and the intimidation of citizens 
     appear to be escalating on the island and no one is immune: 
     journalists, gay men and women, our union brothers and 
     sisters, and activists from every field who seek to make 
     their voices heard and improve their lives and their 
     communities.
       ``I am certain that many members of the U.S. media and many 
     leaders in Washington are completely unaware of the 
     disturbing events that took place Wednesday. I pledge that 
     the more than 2.2 million members of SEIU, many of whom live 
     in or were born in Puerto Rico, will change this by speaking 
     out on behalf of the rights of the citizens of this island 
     and calling upon their elected representative in Congress to 
     fully investigate the events of June 30.
       ``When the lives and livelihoods of the people of Vieques 
     were threatened by U.S. Naval bombing, SEIU members 
     throughout Puerto Rico, the U.S. and Canada helped share 
     their struggle to the international community. Today, we 
     stand ready to do this once again and join our hearts and 
     voices in service to the people of Puerto Rico.
       ``To the university students and their families, and to all 
     who are fighting for democracy and equality for all the 
     citizens of Puerto Rico, know that we stand with you, and you 
     are not alone.''
                                  ____


                  [From Capital Wire PR, Mar. 1, 2011]

       Op Ed: Exposing the Shadows of Civil Rights in Puerto Rico

                        (By Rafael A. Fantauzzi)

       Washington, DC.--I find it peculiar how we Puerto Ricans 
     continuously complain about our lack of voice and power in 
     Congress, but when any Island issue is discussed on the floor 
     someone always jumps at the opportunity to cry foul. As a 
     collective, we all should praise the efforts by any Member of 
     Congress to elevate our issues in the halls of democracy. 
     Freedom of speech is paramount to our democracy, but the 
     approach that if you are not one hundred percent with me then 
     you are against me has destroyed our ability to collaborate 
     and improve the economic and social stability of our people.
       I assume that in a moment of frustration and courage on 
     February 16th Congressman Luis Gutierrez (D-Illinois) 
     answered the call to leadership by denouncing the most recent 
     civil rights violations that occurred at the University of 
     Puerto Rico and the abuse of power by federal Judge Fuste in 
     helping dismantle the Puerto Rican Bar Association. I have 
     not spoken with Congressman Gutierrez about his action or 
     intentions, but anytime a Member of Congress brings to the 
     floor the issues of my people, I see a glimmer of hope. 
     Unfortunately, his delivery generated an overreaction by 
     supporters of the local government which in response spun his 
     decry by engaging in cultural divisiveness and the always 
     dynamic political rhetoric. I believe that Congressman 
     Gutierrez had the right to denounce the violations for the 
     following three reasons: (a) anyone of Puerto Rican descent 
     or with family alive or deceased on the Island should care 
     about their people; (b) given the fact that around 46 percent 
     of the population depends on federal assistance, any American 
     that pays federal taxes is a shareholder for the well-being 
     of the people of the territories; (c) lastly, any member of 
     the human race has the right to denounce negligent human 
     treatment, as we are doing for Libya.
       It is disappointing when politically biased commentaries 
     like the ones made by Mr. Rafael Rodriguez on his recent op-
     ed calling Congressman Gutierrez ``a paradoxical 
     obstructionist'' are made. I believe Congressman Gutierrez 
     was trying to shed some light on the dark shadows of social 
     deterioration that our people are facing. This social 
     deterioration is the result of desperation and fear that 
     plagues our people. It is said that in Puerto Rico you cannot 
     live, you can only survive (unless you are part of an elite 
     that controls the political and economic channels). It is 
     this elite that believe they have the right to dictate what 
     the people want or need. It is this elite that hide behind 
     the face of congressional processes to manipulate the 
     political outlook of the Island. It is this elite that engage 
     in manipulating the information instead of exposing the truth 
     and generating trust. It is this elite that continues to 
     enlarge the gap between Puerto Ricans on the mainland and 
     those that remain on the Island. It is this elite that call 
     those who are

[[Page 3064]]

     trying to defend the true elements of democracy and human 
     respect obstructionist.
       The issues of the Americans in Puerto Rico and the 
     territories are continuously overlooked by the congressional 
     collective. Even Presidents neglect to mention the people of 
     the territories in their State of the Union speeches. So we 
     are very hypersensitive about our place in the world, which 
     in turn fuels the political philosophy frenzy that has become 
     our white whale, the status of the Island. Although I have my 
     own personal philosophy for the Island, I'm bound to protect 
     the neutral integrity of the organization that represents the 
     voice of the entire community inside the beltway. It is our 
     mission to enhance the social and economic well-being of our 
     8 million plus constituents and nothing is more divisive than 
     the status issues. We are in favor of a fair and executable 
     process for self determination, and we also believe that for 
     that process to be legitimate we have a principled 
     responsibility to act civilized and respect all views. Change 
     can only be accomplished when trust is at the core.
       As the future of our Island we call on all students, 
     educators, and administrators to hold each other to a higher 
     standard. Respect those that want to express their 
     frustrations and protect those that want to exercise their 
     right to an education. To all local government institutions, 
     we encourage dialogue, tolerance, professionalism, and 
     personal restraint; for it is your duty to protect a 
     functioning society. To our elected officials, engage in 
     integrative processes for the benefit of your constituents 
     and not for personal political gain. Only then will we be 
     able to call ourselves both American citizens and responsible 
     citizens of the world.

                          ____________________