THE SENATE                           S.C.R. NO.            187
TWENTIETH LEGISLATURE, 2000                                
STATE OF HAWAII                                            
                                                             
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                    SENATE  CONCURRENT
                        RESOLUTION

  REQUESTING THE CHIEF JUSTICE OF THE PHILIPPINES SUPREME COURT
    TO EXPEDITE A REVIEW OF THE CONVICTION OF AMERICAN CITIZEN
    LEON R. ROUSE.
 


 1        WHEREAS, American citizen Leon R. Rouse has been
 2   incarcerated in the Philippines since October 4, 1995; and
 3   
 4        WHEREAS, Mr. Rouse was convicted by a regional trial court
 5   judge on January 12, 1998, and his conviction was subsequently
 6   affirmed by the Ninth Division of the Court of Appeals; and
 7   
 8        WHEREAS, it has been reported that Mr. Rouse was denied
 9   the right to face and cross-examine his accuser in court and
10   that statements made by Mr. Rouse's accuser, out of court, were
11   used as evidence to convict him; and
12   
13        WHEREAS, this ruling violates the standards of due process
14   of law as set forth in article 14, section 3(e) of the United
15   Nations Covenant on Political and Civil Rights (1966), which
16   states in part:
17   
18        In the determination of any criminal charge against
19        him, everyone shall be entitled to the following
20        minimum guarantees, in full equality: . . . To
21        examine, or have examined, the witness against him
22        . . .;
23   
24   and
25   
26        WHEREAS, the United States of America has a responsibility
27   to help ensure that all of its citizens receive a fair trial
28   wherever they are in the world; and
29   
30        WHEREAS, the members of the Hawaii State Legislature
31   recognize and respect the sovereignty of the Republic of the
32   Philippines; now, therefore,
33   
34        BE IT RESOLVED by the Senate of the Twentieth Legislature
35   of the State of Hawaii, Regular Session of 2000, the House of

 
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                                  S.C.R. NO.            187
                                                        
                                                        


 1   Representatives concurring, that the Chief Justice of the
 2   Philippines Supreme Court is requested to expedite the review
 3   of Mr. Rouse's case; and
 4   
 5        BE IT FURTHER RESOLVED that the members of the Hawaii
 6   State Legislature call on the United States Congress to
 7   investigate the due process and procedures that were followed
 8   during Mr. Rouse's trial; and
 9   
10        BE IT FURTHER RESOLVED that the Hawaii State Legislature
11   requests the assistance of the members of the national press
12   and media to investigate the procedure that was followed as
13   well as the facts that were established during the Rouse trial
14   and report their findings to the public; and
15   
16        BE IT FURTHER RESOLVED that certified copies of this
17   Concurrent Resolution be transmitted to the President of the
18   United States Senate, the Speaker of the United States House of
19   Representatives, the members of Hawaii's congressional
20   delegation, the Chief Justice of the Philippines Supreme Court,
21   the Philippine Consul General in Hawaii.
22 
23 
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25                         OFFERED BY:  ____________________________