Homeland Security

Before The

United States House of Representatives

Committee on the Judiciary

Subcommittee on Immigration and Claims

On H.R. 3485

"Justice for Victims of Terrorism Act"

MR. CHAIRMAN, I WELCOME THE CHANCE TO PROVIDE SOME BACKGROUND AND A CONTEXT WHICH THE COMMITTEE MEMBERS MAY FIND USEFUL IN THEIR DELIBERATIONS ON H.R. 3485, THE PENDING ENFORCEMENT LEGISLATION. I BELIEVE THAT THE EXPERIENCES OF MY SEVEN YEARS IN CAPTIVITY

REFLECT THOSE OF MY FELLOW HOSTAGES, WHO FOR YEARS

WERE BRUTALLY TORTURED-PHYSICALLY, MENTALLY AND EMOTIONALLY-BY OUR CAPTORS.

WE ARE ALL GRATEFUL TO THE CONGRESS FOR PASSING THE 1998 LEGISLATION ALLOWING US TO BRING ACTION AGAINST THE REPUBLIC OF IRAN. OUR FEDERAL COURTS HAVE CONFIRMED THE CONGRESS' JUDGMENT BY FINDING THAT STATE DIRECTLY RESPONSIBLE FOR WHAT JUDGE JACKSON TERMED ACTS "SAVAGE AND CRUEL BY ANY CIVILIZED STANDARD." THOSE COURTS AWARDED US SUBSTANTIAL AMOUNTS OF COMPENSATORY DAMAGES, AND TO EMPHASIZE THEIR ABHORRENCE OF IRAN'S STATE-SPONSORED TERRORISM, ADDED HUNDREDS OF MILLIONS OF DOLLARS IN PUNITIVE JUDGMENTS. THESE DECISIONS ARE IN THEMSELVES A VICTORY IN OUR EFFORT TO FORCE IRAN TO TAKE RESPONSIBILITY FOR ITS ACTS.

HOWEVER, THE ABSENCE OF ANY EFFECTIVE MECHANISM FOR ENFORCEMENT OF THOSE JUDGMENTS UNDERMINES THE STRONG ACTIONS OF BOTH THE CONGRESS AND THE COURTS. IN ADDITION, SOME OF MY FELLOW HOSTAGES FIND THEMSELVES IN VERY DIFFICULT PERSONAL CIRCUMSTANCES, DIRECT CONSEQUENCES OF THEIR IMPRISONMENT AND SUFFERING. THEY NEED RELIEF, AND THEY NEED IT AS SOON AS POSSIBLE.

MR. CHAIRMAN, I WILL NOT RELATE AGAIN HERE THE TERRIBLE DETAILS OF MY SEVEN-YEAR IMPRISONMENT, OR THE SUFFERING OF MY FAMILY THEN AND DURING THE YEARS WE WORKED TO HEAL THE DAMAGE. I WILL SIMPLY NOTE THAT JUDGE JACKSON COMMENTED AT THE END OF MY HEARING THAT HE HAD NEVER HEARD SUCH A COMPELLING CASE IN ALL HIS YEARS ON THE BENCH. INSTEAD, AND WITH YOUR PERMISSION, MR. CHAIRMAN, I WOULD LIKE TO SUBMIT A COPY OF THE ENTIRE TRANSCRIPT OF MY HEARING INTO THE RECORD TO DOCUMENT THE LEVEL OF PHYSICAL AND MENTAL CRUELTY AND TORTURE TO WHICH WE WERE SUBJECTED.

MR. CHAIRMAN, AS I UNDERSTAND THE PENDING LEGISLATION, CONGRESS WOULD PROVIDE A WAY FOR VICTIMS OF STATE-SPONSORED TERRORISM, AND THEIR FAMILIES, WHO HAVE OBTAINED A FEDERAL COURT JUDGEMENT TO ATTACH PROPERTY OF THE STATE RESPONSIBLE FOR THEIR SUFFERING, INCLUDING MONEY DUE FROM OR PAYABLE BY THE UNITED STATES. THIS INCLUDES COMMERCIAL PROPERTY, RENTS FROM SEIZED BUILDINGS, AND OTHER ASSETS.

OUR PRIMARY AIM IN REQUESTING THIS LEGISLATION IS THE SAME AS YOURS IN PASSING THE 1998 LAW. IT IS TO MAKE SURE THAT IRAN PAYS FOR WHAT IT HAS DONE. UNTIL IRANIAN MONEY IS ACTUALLY SEIZED AND DISTRIBUTED TO THAT COUNTRY'S VICTIMS, THERE IS NO REASON FOR IRAN OR ANY OTHER STATE SPONSOR OF TERRORISM TO THINK TWICE ABOUT DOING IT AGAIN, AND AGAIN. TERRORISM IS A CHEAP WAY FOR OUTLAW STATES TO ENGAGE IN WAR. BOTH THE LAW YOU PASSED THREE YEARS AGO AND THIS ONE ARE AIMED AT MAKING THAT EXPENSIVE.

MR. CHAIRMAN, LIKE OUR LEADERS AND MOST OF OUR NATION, I AM ENCOURAGED BY THE PROTESTS IN IRAN AGAINST THE REPRESSIVE REGIME THAT HAS RULED SINCE THE 1979 REVOLUTION. I AM HAPPY TO SEE MOVEMENT TOWARD A MORE OPEN AND JUST SOCIETY. I HAVE NO OBJECTION TO THE NORMALIZATION OF RELATIONS BETWEEN THE UNITED STATES AND IRAN. I THINK IT WOULD BE A VERY GOOD THING INDEED.

BUT MY FELLOW HOSTAGES AND I AGREE COMPLETELY THAT SUCH A STEP SHOULD NOT COME UNTIL IRAN HAS ACKNOWLEDGED ITS PAST SPONSORSHIP OF TERRORISM, COMPENSATED ITS VICTIMS, AND PUBLICLY VOWED NOT TO DO IT AGAIN. THAT DOES NOT SEEM LIKELY AT THE MOMENT. THEREFORE, IT IS UP TO THE U.S. CONGRESS AND COURTS TO SEE THAT THE IRANIAN GOVERNMENT UNDERSTANDS THERE IS A SUBSTANTIAL PENALTY, A REAL PENALTY, FOR SUCH ACTS.

WE HAVE TRIED TO WORK WITH THE ADMINISTRATION TO IDENTIFY A PROCEDURE AND POSSIBLE SOURCE OF IRANIAN FUNDS FOR SUCH PAYMENTS. WHILE THE ADMINISTRATION HAS BEEN SYMPATHETIC IN PRINCIPLE TO OUR PLIGHT AND BOTH UNDER SECRETARY OF THE TREASURY EIZENSTAT AND SECRETARY OF STATE ALBRIGHT HAVE TESTIFIED THAT THEY WANT TO WORK WITH US AND THE CONGRESS TO IDENTIFY FUNDS TO HELP THE VICTIMS OF TERRORISM, THE SAD REALITY IS THAT LITTLE HAS BEEN DONE. SUGGESTIONS TO DRAW ON TAXPAYER DOLLARS BELIE THE PURPOSE OF OUR EFFORTS, NAMELY TO MAKE THE IRANIANS PAY FOR THEIR TERRORIST ACTS.

UNFORTUNATELY, THE ADMINISTRATION HAS OBJECTED ON DIPLOMATIC AND NATIONAL SECURITY GROUNDS TO THE DISTRIBUTION TO VICTIMS OF ANY PORTION OF THE HUNDREDS OF MILLIONS OF DOLLARS OF IRANIAN FUNDS IT HAS HELD FOR THE PAST 20 YEARS. NO SERIOUS PROPOSALS OR DISCUSSIONS ARE PENDING WITH THE CONGRESS.

FRANKLY, MR. CHAIRMAN, EVEN THIS NEW BILL BEFORE YOU WOULD ONLY GIVE US THE RIGHT TO GO INTO COURT, FILE THE APPROPRIATE PAPERS TO ATTACH IRANIAN PROPERTY AND EXECUTE THE COURT'S ORDER. WE ARE VERY GRATEFUL FOR YOUR CONSIDERATION OF THIS BILL, BUT YOU WILL UNDERSTAND THAT AFTER YEARS OF LITIGATION, WE WOULD HAVE LIKED TO HAVE HAD THE ADMINISTRATION HELP US AVOID FURTHER COURT ACTION, AND FURTHER DELAY.

WE HAVE OFFERED SUBSTANTIAL CONCESSIONS TO THE CLINTON ADMINISTRATION. WE HAVE OFFERED TO ACCEPT A PAYOUT OF IRANIAN ASSETS OVER TIME. WE HAVE AGREED THAT THERE IS A NEED FOR THE PRESIDENT TO BE FLEXIBLE IN THE APPLICATION OF THIS AND THE PREVIOUS LAW IN CASE OF SUBSTANTIAL NATIONAL SECURITY RISKS - TO BE APPLIED ON AN ASSET-BY-ASSET BASIS AND WITH RESPECT TO SPECIFICALLY IDENTIFIED DIPLOMATIC PROPERTY AND THE UPKEEP OF SUCH PROPERTY.

HOWEVER, THE CLINTON ADMINISTRATION HAS CONTINUED TO OBJECT TO EVERY PRACTICAL PROPOSAL WE HAVE MADE. IT HAS PUT NO PRAGMATIC, WORKABLE ALTERNATIVE OF ITS OWN ON THE TABLE. IT SEEMS INTENT ON RETURNING THE IRANIAN MONEY IT HOLDS TO THAT COUNTRY, AS PART OF ITS EFFORTS TO SUPPORT THE NEWLY ELECTED REFORMERS IN THE IRANIAN LEGISLATURE. WE DO NOT BELIEVE SUCH A TRANSFER IS RIGHT WITHOUT ENFORCING EITHER THE COURT'S OR THE CONGRESS' WILL OR WITHOUT INSISTING ON JUSTICE FOR THE VICTIMS OF IRANIAN ATTACKS, OR WITHOUT EVEN INSISTING THAT IRAN CEASE SPONSORING TERRORISM.

MR. CHAIRMAN, I WILL CONTINUE TO PURSUE A DIALOGUE WITH THE ADMINISTRATION, AND I HOPE THE CONGRESS WILL TOO. SECRETARY EIZENSTAT HAS AGREED TO MEET WITH ME LATER TODAY. IN THIS MEETING I WILL CONTINUE TO SEEK A PRACTICAL MEANS TO SATISFY THE JUDGMENTS HELD BY ME AND OTHER VICTIMS OF TERRORISM.

MR. CHAIRMAN, I UNDERSTAND THAT MONEY HELD BY OUR GOVERNMENT FOR THE BENEFIT OF THE STATE OF IRAN IS SUBSTANTIAL. ONCE WE RECEIVED OUR JUDGMENT, I INSTRUCTED MY LAWYERS TO FILE THE NECESSARY PAPERS TO INITIATE THE LEGAL ATTACHMENT PROCESS. I REQUEST THAT A COPY OF THOSE DOCUMENTS BE INCLUDED IN THE RECORD.

WE INTEND, IF THIS LEGISLATION IS PASSED BY BOTH HOUSES AND SIGNED BY THE PRESIDENT, TO MOVE IMMEDIATELY TO PERFECT OUR ATTACHMENT OF THAT MONEY AND OBTAIN PAYMENT ON OUR JUDGMENTS.

MR. CHAIRMAN, THANK YOU FOR THE OPPORTUNITY TO TESTIFY BEFORE THE COMMITTEE TODAY. I WOULD BE HAPPY TO RESPOND TO ANY QUESTIONS THAT YOU OR OTHER MEMBERS OF THE COMMITTEE MAY HAVE.