HARRINGTON AMENDMENT TO CLARIFY POLICE TRAINING PROHIBITION

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CIA-RDP79-00957A000100040045-7
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K
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2
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December 16, 2016
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July 14, 2005
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45
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August 6, 1974
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7t) 7p 'its 6,-, / qproVed For Rtimmipi'?iimiAt (4446083 g--041L6=0100040045-7 fl 77119' ? 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- Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040045-7 H 7780 ApprovedFizzogfalEssitglikt5A7/facaegp7A00010004N45,7 :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. Approved For Release 2005/07/20 : CIA-RDP79-00957A000100040045-7