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“RELATING TO EXTRADITION OF MARTIN PANG FROM BRAZIL” mentioning the U.S. Dept of State was published in the House of Representatives section on pages H10909-H10911 on Sept. 24, 1996.
The publication is reproduced in full below:
RELATING TO EXTRADITION OF MARTIN PANG FROM BRAZIL
Mr. GILMAN. Mr. Speaker, I move to suspend the rules and agree to the concurrent resolution (H. Con. Res. 132) relating to the extradition of Martin Pang from Brazil to the United States, as amended.
The Clerk read as follows:
H. Con. Res. 132
Whereas it is alleged that Martin Pang intentionally started a warehouse fire in Seattle, Washington on January 5, 1995, that killed four firefighters;
Whereas shortly thereafter Martin Pang fled to Brazil from where he was extradited to the United States on March 1, 1996;
Whereas the extradition decision of the Supreme Court of Brazil states that Martin Pang should stand trial in the United States only for arson and not for felony murder; and
Whereas it is accepted international practice in extradition cases for the executive authorities of the requested state to grant consent for prosecution of offenses other than those for which the fugitive was extradited: Now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That it is the sense of the Congress that in the interests of justice and furthering good relations between the United States and Brazil, the Government of Brazil should grant its consent to prosecution of Martin Pang for both arson and felony murder.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New York [Mr. Gilman] and the gentleman from Indiana [Mr. Hamilton] each will control 20 minutes.
The Chair recognizes the gentleman from New York [Mr. Gilman].
Mr. GILMAN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, House Concurrent Resolution 132 was introduced by Rep. Jennifer Dunn and her Washington State colleagues to urge the Government of Brazil to allow Mr. Martin Pang to be extradited to the United States to stand trial for both arson and first degree murder.
Mr. Pang is accused of starting a warehouse blaze in January 1995 in Seattle that took the lives of four firefighters. Since the introduction of this resolution, Mr. Pang has been extradited to Seattle, where he awaits trial.
However, the Brazilian extradition order is written in such a way that Mr. Pang can be tried for arson and not felony murder. Of course, U.S. authorities have a strong interest in trying this man for both crimes--arson and felony murder.
We commend our State Department for working diligently for months to resolve the legal difficulties of this case. In fact, the committee consciously deferred action on this measure in the hope that diplomatic efforts might overcome this problem. That has not happened.
In close consultation with the ranking Democratic Member, Mr. Hamilton, the committee has approved a resolution intended to encourage Brazilian authorities to redouble their efforts to formally grant its consent to prosecution of Martin Pang for both arson and felony murder.
Mr. Speaker. I commend our colleague from Washington, Jennifer Dunn, for the initiative she has shown in introducing this resolution. We certainly hope that our Brazilian friends will accept this resolution and act in the spirit of good relations and justice.
Mr. Speaker, I reserve the balance of my time.
Mr. HAMILTON. Mr. Speaker, I yield myself such time as I may consume, and I rise in support of the resolution. I commend the Washington delegation for drafting a timely, bipartisan resolution on a sensitive issue in United States-Brazilian relationships. I also commend Chairman Gilman for having his staff work with us to update the language of the resolution. The resolution provides an opportunity for the United States Congress to urge that negotiations between the United States and Brazil move forward. I urge its adoption.
Mr. GILMAN. Mr. Speaker, I yield such time as she may consume to the gentlewoman from Washington [Ms. Dunn].
Ms. DUNN of Washington. Mr. Speaker, I rise today to urge passage of House Concurrent Resolution 132 relating to the extradition of Martin Pang from Brazil to the United States and to thank and praise the gentleman from New York [Mr. Gilman] and the members of the Committee on International Relations for recognizing the importance of this case and for moving the resolution forward. For the benefit of my colleagues who have not been able to follow this horrible tragedy, I want to thank the gentleman from New York for giving a brief history earlier on the matter in the Pang case.
Let me just add that when Martin Pang set fire to that warehouse, a warehouse that belonged to his parents to Seattle, WA, that blaze ultimately took the lives of four brave firefighters.
Immediately after the blaze, Pang fled to Brazil, where he later admitted his guilt to the FBI. After serious and lengthy negotiations, he was extradited to the United States on March 1, 1996, but he was extradited under the Brazil Supreme Court stipulation that he be tried for arson only and not for murder.
This past February, as the chairman noted, I introduced the original version of today's resolution expressing the sense of Congress that Brazil should reverse its court decision and allow Pang to be tried both for arson and for murder.
We must past this resolution. Pang's pretrial hearing is set for October 8, and that is why it is so critical to do this today. We must try to persuade the Brazilian Government to amend its extraditional order prior to October 8.
They say that justice delayed is justice denied. Mr. Speaker, if we delay justice much longer, then justice literally will be denied in this case. We have waited some 20 months for justice. Now justice will only be served if Martin Pang is prosecuted to the fullest extent of the U.S. law. The four families who lost loved ones deserve what is right.
So, Mr. Speaker, I urge my fellow Members to do what is right, take a positive step toward justice.
Make no mistake; our action today will send a substantial message to the Government of Brazil in a strong bipartisan fashion. Indeed, my office has already been contacted by the Embassy with regard to this matter, so we know our message is being heard.
Mr. Speaker, justice demands that Mr. Pang be tried for the murders of the courageous men who gave their lives in the line of duty. Today this House can do what is right for the families who lost loved ones. They deserve that much.
I urge my colleagues to follow the bipartisan lead of the gentleman from New York [Mr. Gilman] of the Committee on International Relations. Let us do what is right for the families affected by this tragedy and for the entire Northwest community by passing this resolution urging Brazil to reconsider and allowing us to try Martin Pang for both arson and murder.
Mr. DICKS. Mr. Speaker, Martin Pang stands accused of deliberately lighting the fire which led to the deaths of four Seattle firefighters. After allegedly committing this act, Pang fled to Brazil, where he was captured by Brazilian authorities.
Although the Brazilian Government has allowed the extradition of Pang on charges of arson, Brazilian law and their constitution does not allow him to be extradited on charges of murder--charges for which he can and should be tried under United States law. To charge Martin Pang with murder, a waiver must be granted from the Brazilian Government.
I would like to thank the gentlelady from Washington for introducing this legislation, which expresses to the Government of Brazil just how important this case is to the United States Congress and to the people of Washington State. I am hopeful that our efforts today, along with continued work by myself, the gentlelady, and the Justice Department, will lead to an agreement with the Brazilian Government which will allow justice to finally be done on behalf of the four firefighters and their families who were the victims of this terrible crime.
Mr. METCALF. Mr. Speaker, I thank the gentleman for yielding and ask for unanimous consent to revise and extend.
Mr. Speaker, as a cosponsor of House Concurrent Resolution 132 I rise in strong support of this legislation. I would like to thank the gentlelady from Washington State, Congresswoman Dunn, for her leadership on this issue and congratulate her on a job well done.
Mr. Speaker, as you have heard today by the previous speakers House Concurrent Resolution 132 expresses the sense of Congress that Martin Pang should stand trial for felony arson charges and first degree murder charges because of his alleged involvement in the fire on January 5, 1995, that killed four firefighters in Seattle WA. This bill should be unnecessary, because our judicial system has charged Mr. Pang with these crimes. However, the supreme court of Brazil has ruled that Mr. Pang may only be charged with felony arson.
Mr. Speaker, I submit that if this decision by the Brazilian supreme court is allowed to stand the families of the firefighters who gave their lives to protect our community will never receive the justice they deserve. The United States cannot allow another country veto power over the decisions of our judicial system.
Mr. Speaker, let me remind the House that Mr. Pang allegedly committed a crime in the United States and then fled to Brazil and was returned to this country for trial. The involvement of the Brazilian Government in any aspect of this case beside ensuring the safe passage of Mr. Pang to the United States is misplaced at best. The United States as a sovereign nation must maintain the ability to prosecute those persons who are accused of crime without interference from a foreign country.
Mr. Speaker, we have typically enjoyed favorable relations with the country of Brazil and we will continue to work toward that goal. But they must drop demands that infringe on our judicial system and U.S. sovereignty.
Mr. Speaker, this legislation has the support of the local prosecution team, the local government, the Attorney General of the United States, the State Department, and the White House. Mr. Speaker, it is essential that justice be served. I urge passage of this bill and yield back the balance of my time.
Mr. HAMILTON. Mr. Speaker, I yield back the balance of my time.
Mr. GILMAN. Mr. Speaker, I have no further requests for time, and I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the gentleman from New York [Mr. Gilman] that the House suspend the rules and agree to the concurrent resolution, H. Con. Res. 132, as amended.
The question was taken; and (two-thirds having voted in favor thereof) the rules were suspended and the concurrent resolution, as amended, was agreed to.
The title of the concurrent resolution was amended so as to read:
``Concurrent resolution relating to the trial of Martin Pang for arson and felony murder.''.
A motion to reconsider was laid on the table.
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