Congressional Record: January 10, 2003 (Senate)
Page S202
PERU AIRBRIDGE PROGRAM
Mr. LEAHY. Mr. President, since 1994, the U.S. Government has
provided tactical aerial intelligence assistance to the Government of
Peru, to help it stop the shipment of illegal drugs across its borders.
U.S. surveillance aircraft owned by the Defense Department and
operated by contractors employed by the Central Intelligence Agency are
tasked to locate potential drug flights, which Peruvian military jets
then intercept. Occasionally, the Peruvian military has shot down those
aircraft.
Unfortunately, the mistaken shoot-down on April 20, 2001, of a
civilian missionary aircraft resulting in the deaths of two innocent
Americans, including a young child, and the wounding of the pilot,
revealed serious deficiencies in the procedures governing this program.
After a thorough investigation and revision of the procedures, the
State Department has recommended that this program be reinstated in
Columbia, and it is anticipated that it may also resume at some point
in Peru.
I understand the motivation for this program is to stop the shipment
of illegal drugs. That is a goal we all share, and we are spending
hundreds of millions of dollars each year in the Andes to do so.
However, a policy of shooting down civilian aircraft in such
circumstances would not be lawful in the United States, and I am
concerned that the foreign pilots are performing the role of
prosecutor, jury and executioner, even when there may be no cause for
self-defense and no proof that the operators of the targeted aircraft
have broken any law.
This policy, in essence, presumed any civilian aircraft in drug-
producing areas to be guilty unless proven innocent, and permitted the
use of deadly force when there was only the suspicion of involvement of
smuggling drugs.
I have read a report issued by the Senate Select Committee on
Intelligence in October of 2001, which describes the serious flaws in
the aerial interdiction program in the Andean countries. I agree with
many of the report's findings. The Intelligence Committee report I
refer to was commissioned specifically to investigate the April 20,
2001 incident in Peru.
Despite the appearance of legitimacy, the missionary plane was
singled out by a U.S. surveillance jet as a possible drug smuggling
flight. The U.S. surveillance aircraft was participating in the joint
U.S.-Peru counter-drug aerial interdiction program. The surveillance
jet tracked the path of the missionary flight and a Peruvian military
jet responded.
A confused and ultimately unsuccessful effort was made by Peruvian
military and Peruvian civilian authorities to identify the missionary
plane and to surmise the intentions of its crew, all of which are
mandated by the standard operating procedures that govern operation of
the aerial interdiction program.
That information was available to the Peruvian authorities. But due
to the lack of access to records of flight plans kept by Peruvian
aviation authorities; the failure of a Peruvian officer to check a list
of aircraft tail numbers that would have identified the missionary
plane as a legitimately owned and operated aircraft; and inefficient
communications between the aircraft involved and ground personnel, a
presumption of guilt, without supporting evidence, led to this
avoidable tragedy.
This incident is a glaring example of the dire consequences resulting
from attempts by law enforcement and military agencies to take the
place of prosecutors and courts to mete out justice to suspected
criminals.
I am sympathetic to the motivations for this policy. But absent an
imminent, serious threat to human health or safety, I do not believe
that deadly force of this type should be used against civilian
aircraft. While I hope I am proven wrong, I worry that the new
procedures, while well-intentioned, may not be adequate to prevent
another tragic mistake. I am also concerned that we risk providing
other countries with an excuse to shoot down civilian aircraft over
their territory, whether to stop illegal drugs or for some completely
different reason which they may deem to be legitimate.
I urge the administration to reconsider this policy. Yes, we want to
stop drugs. Yes, we want to conduct aerial surveillance of suspected
aircraft. But shooting civilian aircraft out of the sky, when there is
no cause for self-defense, no imminent threat to innocent life, and not
even proof of illegality, I believe goes too far. We have seen what can
happen. Let us not repeat that mistake.
____________________