III

Calendar No. 378

106TH CONGRESS

1ST SESSION S. RES. 209

Expressing concern over interference with freedom of the press and the

independence of judicial and electoral institutions in Peru.

IN THE SENATE OF THE UNITED STATES

OCTOBER 29, 1999

Mr. HELMS (for himself, Mr. LEAHY, Mr. COVERDELL, Mr. DODD, Mr.

DEWINE, and Mr. JEFFORDS) submitted the following resolution; which

was referred to the Committee on Foreign Relations

NOVEMBER 3, 1999

Reported by Mr. HELMS, without amendment

RESOLUTION

Expressing concern over interference with freedom of the

press and the independence of judicial and electoral institutions in Peru.

Whereas the independence of Peru’s legislative and judicial

branches has been brought into question by the May 29,

1997, dismissal of 3 Constitutional Tribunal magistrates;

Whereas Peru’s National Council of Magistrates and the National Election Board have been manipulated by President Alberto Fujimori and his allies so he can seek a

third term in office;
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SRES 209 RS

Whereas the Department of State’s Country Report on

Human Rights Practices for 1998, dated February 26,

1999, concludes, with respect to Peru, that ‘‘government

intelligence agents allegedly orchestrated a campaign of

spurious attacks by the tabloid press against a handful

of publishers and investigative journalists in the strongly

pro-opposition daily La Republica and the other print

outlets and electronic media’’;

Whereas the Department of State’s Country Report on

Human Rights Practices for 1997, dated January 30,

1998, states that Channel 2 television station reporters

in Peru ‘‘revealed torture by Army Intelligence Service

Officers’’ and ‘‘the systematic wiretapping of journalists,

government officials, and opposition politicians’’;

Whereas on July 13, 1997, Peruvian immigration authorities

revoked the Peruvian citizenship of Baruch Ivcher, the

Israeli-born owner of the Channel 2 television station;

and

Whereas Baruch Ivcher subsequently lost control of Channel

2 under an interpretation of a law that provides that a

foreigner may not own a media organization, causing the

Department of State’s Report on Human Rights Practices for 1998 to report that ‘‘threats and harassment

continued against Baruch Ivcher and some of his former

journalists and administrative staff . . . In September

Ivcher and several of his staff involved in his other

nonmedia businesses were charged with customs fraud.

The Courts sentenced Ivcher in absentia to 12 years imprisonment and his secretary to 3 years in prison. Other

persons from his former television station, who resigned

in protest in 1997 when the station was taken away, also

have had various charges leveled against them and com-
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SRES 209 RS

plain of telephone threats and surveillance by persons in

unmarked cars’’: Now, therefore, be it

1 Resolved,

2 SECTION 1. SENSE OF THE SENATE ON ANTIDEMOCRATIC

3 MEASURES BY THE GOVERNMENT OF PERU.≤

4 It is the sense of the Senate that—

5 (1) the erosion of the independence of judicial

6 and electoral branches of the Government of Peru

7 and the blatant intimidation of journalists in Peru

8 are matters of serious concern to the United States;

9 (2) efforts by any person or political movement

10 in Peru to undermine that country’s constitutional

11 order for personal or political gain are inconsistent

12 with the standard of representative democracy in the

13 Western Hemisphere;

14 (3) the Government of the United States sup15 ports the effort of the Inter-American Commission

16 on Human Rights to report on the pattern of threats

17 to democracy, freedom of the press, and judicial

18 independence by the Government of Peru; and

19 (4) systematic abuse of the rule of law and

20 threats to democracy in Peru could undermine the

21 confidence of foreign investors in, as well as the

22 creditworthiness of, Peru.
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SRES 209 RS

1 SEC. 2. TRANSMITTAL OF RESOLUTION.

2 The Secretary of the Senate shall transmit a copy

3 of this resolution to the Secretary of State with the re4 quest that the Secretary further transmit such copy to the

5 Secretary General of the Organization of American States,

6 the President of the Inter-American Development Bank,

7 and the President of the International Bank for Recon8 struction and Development.

Calendar No. 378

106TH CONGRESS

1ST SESSION S. RES. 209

RESOLUTION

Expressing concern over interference with freedom

of the press and the independence of judicial andelectoral institutions in Peru.

NOVEMBER 3, 1999

Reported without amendment