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…
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.
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
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.