Families of terrorism victims frozen out
By DAVID LYONS
Herald Staff Writer
Direct from the White House, the talking points could not have been more explicit.
Responding to Cuba's midair murder of four Brothers to the Rescue members
in
1996, the Clinton administration vowed to seek swift international condemnation
of Havana, a tightening of the U.S. trade embargo and congressional passage
of a
law to compensate the victims' families from frozen Cuban assets in New
York.
The first two objectives were met quickly enough. But three years after
the deaths
of Armando Alejandre, Mario de la Pena, Carlos Costa and Pablo Morales,
their
families are still fighting for access to the assets, despite a $187.5
million judgment
from a Miami federal court.
The U.S. government at first encouraged their lawsuit, but ended up opposing
their
efforts to collect the money.
It's becoming a familiar scenario. Other families whose loved ones suffered
from
terrorist acts in other parts of the world are waiting for compensation
from
offending countries, despite the passage of a law designed to provide economic
justice for victims.
And in at least one other case, the administration supported a victim's
family
immediately after the tragedy, then outright opposed its attempts to collect
a
judgment.
The administration explains: An open season on the frozen assets of other
countries might inhibit the U.S. government's flexibility in foreign policy
and
national security matters.
But that position, angry lawyers contend, has thrust their clients into
a vortex of
protracted litigation, false hopes and unnecessary mental anguish.
``It's evidence of the insensitivity of the administration,'' contends
Washington
lawyer Ronald Kleinman, a former State Department official who is among
several
attorneys assisting the Miami families. ``They've made a whole series of
promises
over time, then changed their minds.''
The administration did dip into frozen Cuban assets and distributed $1.2
million in
humanitarian aid to the four families. But lawyers insist the gesture was
not
supposed to preclude the families' ability to go to court to seek damages
under the
Antiterrorism and Effective Death Penalty Act of 1996. The law allowed
victims to
sue foreign countries in American courts, which was once prohibited.
``The government said, `Yes, you can go forward and pursue whatever remedies
you want,' '' said Miami lawyer Frank Angones, another member of the families'
legal team.
Angones said the State Department made it clear that legal and other avenues
could be pursued, even after the families accepted the $1.2 million.
But last month, U.S. government lawyers, invoking a foreign policy argument,
found themselves arguing on the side of the Cuban telephone company ETECSA
against the seizure of telephone fees destined for Cuba from American companies
operating there. Complication could arise, they said, when the President
elects to
normalize relations with countries such as Cuba.
Roller-coaster quest
The Miami families are not alone on what has become a roller-coaster quest
for
justice, plaintiffs' lawyers say.
Washington lawyer Steven Perles remembers how his client, Stephen Flatow,
father of Alisa Flatow, received valuable government help in pressing his
lawsuit
against Iran for the murder of his daughter, who died in a 1995 terrorist
bombing
in Israel.
``Before he filed, Steve Flatow spoke with the President three times,''
Perles said.
``He was invited to the White House for the signing ceremony for the enabling
legislation'' that allowed him to sue.
More important, the State Department declassified critical information
-- evidence
that Iran financed the Palestine Islamic Jihad, the group that reportedly
plotted the
bombing that killed Alisa Flatow. It was enough to persuade a Washington
federal
judge to award the Flatows a $247.5 million judgment.
But since then, Perles said he has encountered nothing but resistance in
his bid to
collect.
``When we started attaching Iranian government property, the State and
Justice
and Treasury Departments chose to intercede,'' he said. ``They sent more
lawyers
to the courthouse than in the Microsoft case.''
Diplomatic assets
One government official in Washington who declined to be identified said
the
United States resisted in part because lawyers have tried to attach so-called
diplomatic assets belonging to other countries.
In the Flatow case, lawyers tried to attach former diplomatic properties
of the
government of Iran. The official said such a move would have placed the
government in violation of international laws and protocols.
It was those types of concerns that prompted President Clinton to immediately
sign a waiver in the anti-terrorist law that bars plaintiffs from collecting
on their
claims. The waiver became a focus of a recent Miami federal court decision
by
Senior U.S. District Judge James Lawrence King, who excoriated the government
for its ``inconsistent'' approach to the Cuba case.
King said the administration's interpretation of the waiver was too broad.
He
subsequently allowed the families to collect $6.2 million in telephone
fees that were
destined from AT&T, MCI and other companies to ETECSA, the Cuban phone
company. The American companies have appealed, and some lawyers expect
the
case could reach the U.S. Supreme Court.
Claims piling up
While the appeals process unwinds, other suits and judgments from other
terrorist
incidents are piling up.
Besides the Miami families and the Flatows, three Americans held hostage
in
Lebanon by terrorists believed to be sponsored by Iran hold a $65 million
judgment against the Tehran government.
In addition, families who lost relatives in the 1988 bombing of Pan Am
103 over
Lockerbie, Scotland, are pressing lawsuits against Libya in a New York
federal
court. The cases were grandfathered in under the anti-terrorism law.
And last week, journalist Terry Anderson, a former Associated Press reporter
held hostage for nearly seven years in Lebanon, filed suit in federal court
in
Washington. He alleges that Iran sponsored his captors, members of the
extremist
group Hezbollah.
Anderson, who is seeking $100 million, said in an interview that he doesn't
expect
an immediate windfall.
``We knew that when we went into it,'' said Anderson, who now teaches
journalism at Ohio University. ``We'll just have to hope that through lots
of
pressure, we can get the Clinton administration to acknowledge our rights
and do
something about it.''
Said Stuart Newberger, Anderson's lawyer in Washington: ``The State
Department and the White House have got to come to terms with the fact
that
U.S. law is very clear that the executive branch is supposed to help collect
anywhere.
``I hope the Clinton administration would be more proactive on behalf of
the Terry
Andersons of the world, and I'm looking for the moderates of Iran to put
their
money where their mouths are,'' Newberger added.
``Coming up with a framework for resolving these claims would be viewed
by the
American people and political system as an excellent demonstration of good
faith.
They could do this if they wanted to. They just have to want to.''