HARRINGTON AMENDMENT TO CLARIFY POLICE TRAINING PROHIBITION

• Document Type: CREST
• Collection: General CIA Records
• Document Number (FOIA) /ESDN (CREST): CIA-RDP79-00957A000100040045-7
• Release Decision: RIPPUB
• Original Classification: K
• Document Page Count: 2
• Document Creation Date: December 16, 2016
• Document Release Date: July 14, 2005
• Sequence Number: 45
• Publication Date: August 6, 1974
• Content Type: OPEN

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tebii6re Indonesia:Witte stare detail-
rent' td- date from 1965, when there
abortive leftwing array coup in which
tist generals were assassinated. The
ion" Cainitninist Party (PIO) also
'edarri-this Coup attempt. When the
opt-failed the Military officers who
tb-lkiVer retaliated with mass ar-
ose InVolVed, or suspected of in-
Yolvenie , in the unsuccessful bid for power.
tri addit large numbers of Communists,
leftists, suspected leftistswere massa-
ared..Ust atet - Of the number jailed in the
Wake of e -ifrisucCessfuI coup run as
as, bile estimates of those k
tan froin 00,600 to 590,000."
IjieSefi estimates of the number of politi-
tat so fa-i Widely, with the govern-
ing any Claim to definitive inf or-
lriation. ? nasty International, in a 1970
repoq, p the total at 116,000. However a
I73, rep ? from the same organization set
itha total t 55,000, but of this number only
ome Sbd. ad been tried. The rest were, in
soned Without trial. They are held
alpine 0 prisons and camps throughout
lZ8Va an urriatra. Teri thousand prisoners,
any' artists and other intellect-
are id to bet held on the Island of
agricultural labor colony.
,tort ?f Indonesian political prison-
-er,e',11as been reported, and is said to
.1ia?een 'bitted by the Indonesian Grand
? ConiMlsaic t of Police.ri
.g. -aid to 'Indonesia was per-
out after it was attacked by
arno, it was eventually restored
\Meierhis s cessors. U.S. aid to Indonesia
is pot cutren suspended:
_ T. BARAGLTA.Y
-Another CO try receiving U.S. aid is Para-
guay Watch'? s been accused of detaining
-plltical 'prido rs. -The dictatorship of Presi-
dent _ Stkoese- has maintained itself in
since ruling through a state of
efege-iArtifeh ab ates certain civil rights and
. constitutional arantees.
:e .56T t maintains that political
smart do iio *let in Paraguay. According
riniatty-Int national as quoted in the
i &rat& ever, there have been at
101 'alga 1)0Mb:el imprisonment,
or as as 'ten- yea;ra?-2- Amnesty
fnationat,iso stated that the nin-
th' ld,tortil and subsequent release
-Virit6ayttfr ne is an almost daily cc-
Apr 1962, the Inter-American
uribiSSiori On an Rightsof the OAS
nested Parmissi from the Paraguayan
,gdyerniffent to seri commission to investi-
gate acebsations -o fringement of human
tiOhts, but permissi was denied.
'heItnited State as not suspended its
fitanee to -Ratagt
belt "Sheltaii. e Geogranhy of
klitfitarSirf?Ve Political Prisoners.
ifidak Reilrivi/Wcir June 15, 1974. p. 16.
, -
Committee on For-
? , ign Re1alons.. Chiee February 1971. Staff
Report. -92d 'Cott-rase, session. Washing-
ton. 1:1.S7 doir-1-.15finti Office. 1971. p. 6.
-0tWbdif Geography of Die-
grace. aturday eview'arid. Op. cit. p. 16,
*Arianesty -Internatio 1. Report on Tor-
ture, Gra1dpilelii3Of Co. Ltd. London.
1973, 13.166.'; -
,s4e.r.,Stepheri T. t Cong Repression
and Its TarepIi'CSileins ? fo e Future, Santa
California, Ran Orporation, 1970.
; RAnd 11:riport No. ft--415' ARPA. p. 7.
-2IIon. The eri'graph of Dis-
' o0. cit. 0:
W:41-Uneen Post, fliTne 4, 1973.
u1u? Report on Tor-
-
157.
Ronal. Oorninittee on For-
eign Affa.Ths.-8?Ule6erim-1-fte7e an International
_ Organization and MOVeMents. International
- ?
lri
--Ek1ftg411
,nWtte'a to
Protection of R
Congress. let
1973 p. 968.
10 Robert Sb
grace. Saturday
Ibid.
12 Miami Hera
'3 Amnesty Is
1971-72. London
hcations. p. (.7
SPEAK' i
ous ordei
an from Ne
recognized tot
_IarI Rights. Rearings: d.
m. Washington. US. G.P.O.
-n, The Geography of Die-
view! World. Op. cit. p. 17.
ust 14, :.973.
nal. Annual Report,
International Pub-
(al at
R pro mpore. Under a
of the I se, the gentle-
? York ( BINGHAM) is
.i minutes.
[Mr. BING:HAM addressed
is remarks ill appear hera
Extensions of ie,emarks.]
e House.
r in the
ARRINGTO:i AMENDMENT TO
CLARIFY I )LICE TRAINING PRO-
HIBITION
The SPEA1 It pro temr ore. Under a
previous orate) of the House, the gentle-
man from Mt :;sachusetts (MT. RARRINC-
ToN) is recogT: zed for 5 minutes.
Mr. HARRJ 71GTON. Mr. Speaker, as
the Foreign 'airs Committee continues
markup on Foreign Assistance Act, I
intend to Ore- an amendment to clarify
the prohibit, 01 on police .;raining con-
tained in Eec. 112 of the Foreign As-
sitance Act. Pais amendment would re-
solve the amt. Iguities now in the statute,
while preseri." Lag and strengthening the
Intent- of Cor r:ress- as expr assed in 1973.
The amendra-at I plan to offer is a more
carefully revi-icd version of the proposed
amendment appeared in my re-
marks in th(' CONGRESSIONNI. RECORD on
July 31.
Currently, . c:ction 112 states that no
part of the ipropriations made avail-
able to car, y out the set, including
Agency for fatemational Development
and Military kssistance program funds,
shall be use to "conduct any police
training or r.- ated program in a foreign
country." 11:vieever, the term "police
training or related program" is not de-
fined in the -iction. `The imprecision of
this term ha,, left the act open to differ-
ing interpreritions, and has allowed for
the continua- on of programs which ap-
pear to circ: nvent the intent of Con-
gress.
It seems cj tar that in section 112 Con-
gress intende 1 to end the American sub-
sidization oi all training programs in
foreign coun Liies which involve instruc-
tion of police- Len in the skills and tactics
normally as .ociated with police opera-
tions. The COT qmittee report accompany-
ing the Fier in version of the Foreign
Assistance ./(,-t of 1973 states plainly of
this section:
United lila participation in the highly
sensitive Bret, of public safety and police
training unan,,,Eciatay invites criticism from
persons who leek to identify the United
States with f ,c.:ry act of police brutality or
oppression in Pny country in which this pro-
gram operate'- It matters little whether the
Charges can 11 substantiated, they inevitably
stigmatize ti'' total United States foreign
aid effort. -
In its app-?oval of section 112, Con-
gress appeal to have expressed the phi-
losophy that interference with the do-
mestic law {Jforcement policies of for-
ergn nations is not a proper aim for
American assistance programs. Although
it seems obvious that Congress intended
to halt police training programs in for-
eign countries, the lack of precision in
the wording of section 112 has allowed
for the continuation of programs which
circumvent this intent. Currently, at the
Army School of the Americas, a Defense sTA1
Department training school in the Pana-
ma Canal Zone, 1,240 military troops
from 16 Latin American .Lations, partial-
ly supported by MAP funds, are being in-
structed hi areas such as "Urban Coun-
terinsurgency," "Urban Counterinsur-
gency Operations," "Internal Develop-
ment/Civic Action," and "Internal Se-
curity Operations." These course's seem
to be providing the kind of knowledge
and skills that can be used for police-
type operations.
The Department of Defense has issued
a memorandum?unclassified 8,226?
containing its interpretation of section
112, which indicates how the intent of
Congress has been misconstrued to al-
low for the continuation of these pro-
grams:
Assistance in foreign countries under the
Foreign Assistance Act for all phases of ci-
vilian law enforcement (other than narcotics
control) is prohibited. "Law enforcement"
Includes apprehension and control of politi-
? cal offenders and opponents of government
in power (other than prisoners of war) as
well as persons suspected of commission of
so-called common crimes_ Section 112 FAA
does not prohibit assistance, pursuant to Sec.
502 FAA, to units whose sole function is that
aspect of internal security Which may in-
volve combat operations against insurgents
or legitimate self-defense of national terri-
tory against foreign invasion, whether or
not such units are called police." Assistance
is, however, prohibited to units which have
an on-going civilian law enforcement func-
tion as well as a combat function. . . . The
prohibition does not apply to units which
have a contingency function of supporting
the police but which do not have any on-
going civilian law enforcement functions.
Thus, according to DOD's interpreta-
tion of the law, military forces which
serve an unofficial, non-ongoing-civilian
law enforcement function, are not pro-
hibited from receiving U.S. aid or assist-
ance for police training purposes.
In many Latin American nations the
military plays a large role in civilian law
enforcement practices. Although these
duties may not be an official ongoing
part of the military's responsibilities,
these civilian police activities are, in fact,
often performed by the military forces.
In May 1970, the Foreign Affairs Com-
mittee issued the "Report of the Special
Study Mission on Military Assistance
Training?Latin America," which con-
tains information on the civilian law en-
forcement functions of the military in the
four countries they visited. Excerpts from
the report, which follow, indicate the ex-
tent to which the military is, indeed, in-
volved in civilian law enforcement:
BRAZIL
Internal security is considered a prime
mission for nearly all armed forces units,
particularly the Army. While civilian police
forces have the primary responsibility for
responding to threats of public disorder, they
are backed up by military forces as re-
quired. . . .
. . . traditional role of the Brazilian mili-
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:august 6, 19 74
tary in frontier and interior areas where it
has engaged a significant part of its man-
power and other resources on projects from
which civic benefits result.
... the Brazilian military's concept of pro-
fessionalism does not Include staying out of
politics.
resso
As for internal security, the Peruvian
armed forces have proved their capabilities
by crushing swiftly and effectively a Cas-
troite uprising. Most officers have received
some American training in doctrines of coun-
terinsurgency. The emphasis which the
United States military missions have given
to civic action has been readily acceptable
to the Peruvian military. Their own service
schools have constantly stressed the no-
portance of the military role in the "socal
and economic progress" of the country.
COLOMBIA
U.S. civic action doctrine also has been
generally accepted by the Colombian mi:1-
tary. Top generals are convinced that if the
insurgents are to be kept within manageable
bounds, the populace must know and trust
the army as a friend and protector. Called "a
civic action army" by members of the mil-
group, the Colombian Armed Forces are en-
gaged in a number of projects aimed at
benefiting rural citizens.
PANAMA
The internal security capabilities of the
National Guard (which includes all the serv-
ices) have been adequate to cope with the
small insurgency organized by supporters of
deposed President Atlas which periodically
surfaces near the Costa Rican border. Our
milgroup has promoted increased Involve-
ment of the Panamanian forces in civic
action.
Just last week, events in Chile demon-
strated the continuing law enforcement
role often played by the military in Latin
American countries. A military tribunal
convicted 60 persons of essentially politi-
cal crimes--sentencing fear of them to
death by firing squad?a stark example
of how the military can easily become
heavily . involved in domestic criminal
justice affairs.
All five of the countries mentioned
above, whose military forces were in-
volved in civilian law enforcement func-
tions, are currently having troops trained
at DOD's military training schools in the
Canal Zone. The troops are being in-
structed in tactics which are easily
adaptable, if not identical, to police func-
tions, and which are of questionable rele-
vance to legitimate military defense
training. It is clear to me that the De-
partment of Defense has taken advan-
tage of the vague and imprecise wording
of section 112 to instruct these military
personnel in what are essentially Police
tactics.
Action needs to be taken to insure that
the intent of Congress, with respect to
police training, is fully carried out. Ac-
cordingly, section 112 of the Foreign As-
sistance Act should be refined to ban ex-
plicitly the kinds of police training ac-
tivities which are being carried out bY
the Army School of the Americas in the
Canal Zone. My revised amendment
would add the following paragraph to
section 112, offering a more specific defi-
nition of police training programs:
A.MINDIMCNT TO H.R. ?
Offered by Mr. HAARINGTON
Page 4, after line 22, insert the folio .14
new section:
Sec. G. Section 112 of the Foreign Assist-
ance Act of lee: (22 U.S.C, 2151j) is amend-
ed by adding at the end thereof the follow-
ing lie,/ 1311460C1.10,II:
( C For the purposes of this section, the
term 'police training or related program'
shall include any tratning or instruction of
any individual relating to that individual's
performance of any civilian law enforce-
ment function in a part-time or full-time
capacity, or of a contingent nature."
This paragraph defines 'police train-
ing or relaten program" to include any
training or instruction of any individ-
ual relating to that individual's per-
formance of any civilian law enforce-
ment function in a part-tarne or full-time
capacity, or of a contingent nature. The
Department of Defense's own definition
of the phrase "law enforcement," set
forth in their memorandum?unclassi-
fied 8226?is adequate for the purposes
of my amendment:
Law enforcement includes apprehension
and control of political offenders and oppo-
nents of government In power (other than
prisoners of war) as well am persons sue.
meted of commission of so-called common
crimes
I have included the word "civilian" in
my amendment because I do not want
to interfere with legitimate military Po-
lice training, It is not my intention that
the training of armed forces personnel
for law enforcement duties solely within
those armed forces, be prohibited by this
section. However, I do mean to ban
Police-related training to military per-
sonnel who perform any kind of non-
military law ennireement function.
Adoption of this amendment will in-
sure that the intent Of Congress can no
knurl be circumvented by an interpre-
tation of the law which excludes part-
time police ollicers. including military
Personnel, from the ban on police train-
ing in foreign countries.
My amendment makes no substantive
changes in section 112. Rather, it defines
the Lerma contained therein more pre-
cisely in order to avoid further raisin
Lerpretution and circumvention of con
gressional intent.
Because Earl Warren recognized and
taught that lesson, I celebrate his career
and mourn his death. Of course I shall
mourn him as a fellow Californian, edu-
cated be- the same University of Cali-
fornia arid servant to the same people.
I shall miss him as a fellow
of the California wild. I sha
as a friand. But my mo
Warren shall reach down in
removed from personal ti
(Nies, for his impact upon
and society cannot be ove
Earl Warren was a man
ity; he ails a man who di
It play Li Peoria?" but r
"Is it cot sistent with our
Is it decant? Is it just?
compare! to my stony
Imposing sword. Earl
judicial en appears
sive symbol of vigils
liberty. I must sugg
the real day-to-da
liberties, that humb
as the &legit guaran
To Earl Warren
iniPassiOnate lust
law as the artic
tory and ethical
perspective?the
decency--was o
preme Curt pr
long and tech
the Chiel Justi
from the
attorney "Yes
gether
should &.k
law "noise
inseparan
decency
No case
this con
troversi
ran&
volv
no
ent
EARL WARREN, A JUSTICE TO
MATCH CUR MOUNTAINS
The SPEAKE ro tempore. Under
Previous order of House. the gentle
MAU from California LEGGETT)
recognized for 10 minu
Mr, LEGGETT. Mr. S ? The ir
administration of Justice
est pillar Of government. rge
Washington.
On my way to work at the C
often puss a Anne statue of a ye
and military Roman with ch
' thrust
out, eyes glaring, and sword thed
and ready by his side. The ? destans
inscription reads. -The Pr of Liberty
Ls Eternal Vigilance." Whit can appre-
ciate that work. I find sell troubled
with any notions that oliberties are
threatened only by, an therefore can
be del elided only by, m tary action. For
^ hile Llioae liberties c be destroyed in
a single day by an ar ed aggressor, so
too can they be eroded by the callousness
and distance of the very government
created to preserve those Same liberties.
rtsman
iss him
of Earl
levels far
nd mem-
rican law
ted.
moral gray-
ot ask "Will
er wondered
tional ideals?
It fair? When
man friends'
arren's humble
an unimpres-
in the defense of
however, that in
defense of those
quill pen emerges
r of their survival.
was not a cold and
ent; rather, he saw
n of Western his-
ation. This ethical
ern for fairness and
voiced during Su-
eedings. There, after
legal presentations,
would often peer down
and ask the presenting
ut is it fair?" It is alto-
d proper that Warren
h-a question, for to him
a sea of ethics," and was
rom basic considerations of
fairness.
know more clearly articulates
for fairness than the con-
police procedures case, Mi-
Arizona (1966). This case in-
confession obtained from a man
Id of his right to counsel pres-
ing police questioning. In revers-
e conviction of Ernesto Miranda,
ren v-rote of the State responsibility
crupolously observe the rights of all
izens. 'Warren was not satisfied that
e State had vigilantly protected the
is of t he accused.
It will long be remembered that War-
ren and he Court were long reviled in
some quarters for this decision. Many
felt Wan en to be "soft" on criminals.
This is a siew which cannot be supported.
In a tele vision memorial aired shortly
after Warren's death, former Justice
Fortes remarked that Warren was
neither sat on criminals nor crime. Ac-
cording to Fortes, however, they had a
strong interest that?
hen ii e state brings to itear its power
as individual, even in terms of the
ace of crime, that the democracy can-
not a liberty cannot survive, unless
even th hts of that person are safe-
guarded.
The W irr Court's decisions range
into mans are social concern beyond
police prscedur As former Justice
Goldberg emark
The Warren Court sought not the "peace
of escapism." but chose rather to confront
the troubt some problems of justice plagu-
ing society.
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