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Commission on security and cooperation in Europe

U. S. Helsinki Commission

Mission

We are a US government agency that promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Nine Commissioners are members of the Senate, nine are members of the House of Representatives, and three are executive branch officials.

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Chairman

Senator Roger F. Wicker

Co-Chairman

Representative Christopher H. Smith

  • Our International Impact
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  • Chairman Wicker Disturbed by Murder of Bulgarian Journalist Victoria Marinova

    WASHINGTON—Following the brutal rape and murder of Bulgarian journalist Victoria Marinova, whose body was discovered in Ruse, Bulgaria, on October 6, Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: "I am disturbed by Victoria Marinova's death, and I join the OSCE Representative on Freedom of the Media in calling for a thorough investigation of this heinous attack. Over the past several months, journalists in Bulgaria routinely have been victimized because of their work. Ms. Marinova's death once again puts the spotlight on the nexus of corruption and the safety of journalists." Prior to her death, Marinova was reportedly investigating corruption and fraud related to EU structural funds. On September 13, two Bulgarian journalists were detained by Bulgarian police at gunpoint when they tried to follow up on a tip that an EU-funded company they were investigating for corruption was removing and destroying computers and archives. Bulgaria's ombudswoman Maya Manolova called the detention “unlawful and without sufficient grounds.” On May 10, Khristo Geshov, a journalist from Cherven Bryag, was severely beaten in front of his home. Bulgaria joined the European Union in 2007 subject to a “Cooperation and Verification Mechanism” intended to ensure continued improvement regarding judicial reform and combating corruption and organized crime.

  • Incorporation Transparency

    “Steal in Russia and spend in the West” is how Kremlin critic Vladimir Kara-Murza describes the behavior of Russian President Vladimir Putin and his associates. A similar principle has become commonplace in most authoritarian regimes. Countries in which the rule of law is strong find themselves at risk from ill-gotten gains that autocrats have hidden within their borders. Not only does this make them complicit in the perpetuation of corruption abroad, but it also provides hidden “sleeper capital” through which autocrats and their cronies can exert influence domestically. The countries in which money is most often hidden—the United States, the United Kingdom, and many countries of the European Union, especially France and Germany—have a strong rule of law system and desirable markets. In their large cities, representatives of autocratic systems can purchase real estate, retain lawyers and PR firms to conduct influence operations and reputation laundering, and access elite circles and high society thanks to their illicit wealth. However, in the last few years, these countries have become more aware of the infiltration of their markets by authoritarian finance and have taken steps to curb its flow into their borders. They have sought to fortify themselves through a variety of measures, including beneficial ownership transparency (BOT). BOT is a government policy which requires incorporated entities to report their “beneficial owners”: the real individuals who ultimately enjoy the benefits of ownership of a company or property, or the underlying asset of value. Beneficial ownership data is then available to law enforcement or the public. This is vital to transparency because, in many jurisdictions, beneficial owners do not necessarily need to be listed on legal paperwork—they may list “nominee owners” who hold assets on their behalf. While anonymous shell companies have legitimate uses, they are often abused to launder money. Autocrats can create a chain of such companies across many jurisdictions, evading law enforcement and moving stolen money from company to company until that money is nearly untraceable. At that point, the money is considered “washed” and can be used for all manner of ostensibly legitimate purposes. Download the full report to learn more. Contributor: Paul Massaro, Policy Advisor

  • Politically-Motivated (In)Justice

    Since 2008, Lithuanian judge and parliamentarian Neringa Venckiene has been seeking justice for her young niece, who was allegedly sexually molested by two Lithuanian government officials. Despite a court ruling that there was enough evidence to indict the child’s mother for facilitating the molestation, the niece was taken from Judge Venckiene and returned to the mother’s care, preventing the girl from testifying further in an ongoing trial against her alleged abusers.  In 2013, Judge Venckiene fled Lithuania to seek political asylum in the United States, fearing retribution not only for her efforts to protect her niece but also for her leadership in a new anti-corruption political party.  Lithuanian prosecutors have charged Judge Venckiene with at least 35 crimes, ranging from petitioning the court on her niece’s behalf, to speaking to journalists about the case, to bruising an officer during her struggle to keep her niece from being returned to the accused mother. Five years after arriving in the United States, Judge Venckiene’s political asylum case has still not been heard, but U.S. authorities are moving to extradite her under the U.S.-Lithuania extradition treaty for bruising the officer who was returning the girl to the accused mother during the trial.  The hearing explored the limits of extradition among allies, especially when charges appear politically motivated. Witnesses discussed the evidence of political motivation, including statements made publicly by the recent Chairman of the Lithuanian Supreme Court calling Judge Venckiene “an abscess in the judicial and the political system,” and “the trouble of the whole state.” Several witnesses argued forcefully that these and other actions by Lithuanian authorities demonstrate blatant political motivation.  Dr. Vytautas Matulevicius, a member of the Seimas from 2012 to 2016 for the anti-corruption political party led by Judge Venckiene said, “...[T]he case of N. Venckienė itself can be regarded as a typical recurrence of the Soviet legal system—a person who talks too much about the crimes of influential people can be turned into a criminal herself.”  Human rights litigator Abbe Jolles calling Judge Venckiene’s extradition to a system with “no chance of a fair trial” a “likely death sentence.” The hearing examined other lenses through which to view the legal case for extradition. Law Professor Mary Leary explored the definitions of human trafficking established by Trafficking Victims Protection Act of 2000 (P.L. 106-386) and by the Palermo Protocol. She advised that [as has been alleged], “if evidence exists that the abusers provided financial and other benefits to the mother of the child victim, this child sexual abuse could also implicate child sex trafficking.”    Concerns were also raised about the humanitarian standards of the Lithuanian prison system. As Ms. Jolles noted, several countries have previously refused Lithuanian extradition requests over concerns of unacceptable conditions and the possibility of torture.  In addition, the United States cited Lithuania in a 2017 report for prison conditions below international standards. The litany of charges against Judge Venckiene that have been added and subtracted was also considered. In particular, the legitimacy of the charge of assaulting a police officer during the seizure of her niece was questioned.  It remains unclear why Lithuanian prosecutors did not arrest Judge Venckiene while she was living in Lithuania for a year after the alleged assault, or why they would have allowed an alleged felon to immigrate to the United States and reside there for over two years before eventually filing for her extradition.  This, again, suggested the possibility of political motivation behind the charges. The Government of Lithuania was invited to participate in the hearing, or to suggest a witness to represent its perspective, but declined. Instead, the Embassy of Lithuania provided a written statement.

  • Helsinki Commission to Explore Extradition Case of Lithuanian Judge Neringa Venckiene

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: POLITICALLY-MOTIVATED (IN)JUSTICE? THE EXTRADITION CASE OF JUDGE VENCKIENE Thursday, September 27, 2018 2:00 p.m. Rayburn House Office Building Room 2261 Live Webcast: http://www.youtube.com/HelsinkiCommission Since 2008, Lithuanian judge and parliamentarian Neringa Venckiene has been seeking justice for her young niece, who was allegedly sexually molested by two Lithuanian government officials. Despite a court ruling that there was enough evidence to indict the child’s mother for facilitating the molestation, the niece was taken from Judge Venckiene and returned to the mother’s care, preventing the girl from testifying further in an ongoing trial against her alleged abusers. In 2013, Judge Venckiene fled Lithuania to seek political asylum in the United States, fearing retribution not only for her efforts to protect her niece but also for her leadership in a new anti-corruption political party. Lithuanian prosecutors have since charged Judge Venckiene with at least 35 crimes, ranging from petitioning the court on her niece’s behalf, to speaking to journalists about the case, to bruising an officer during her struggle to keep her niece. Five years after arriving in the United States, Judge Venckiene’s political asylum case has still not been heard, but U.S. authorities are moving to extradite her under the U.S.-Lithuania extradition treaty. The hearing will explore the limits of extradition among allies, especially when charges appear politically motivated. Witnesses will also discuss whether the bilateral extradition treaty would protect Judge Venckiene from additional charges and civil suits if she were extradited. Witnesses scheduled to testify include: Karolis Venckus, Son of Judge Neringa Venckiene Dr. Vytautas Matulevicius, Member of Lithuanian Parliament, Way of Courage Party (2012-2016) Abbe Jolles, Esq., International Human Rights Litigator, AJ Global Legal Professor Mary G. Leary, Catholic University of America, Columbus School of Law

  • A Truly Inclusive Society

    While the United States has an exemplary system of integration, empowerment, and protection from discrimination, individuals with intellectual disabilities like Down Syndrome have recommended numerous further improvements to U.S. law. This briefing explored best practices developed federally and locally in the United States to empower and integrate individuals with intellectual disabilities. Sara Hart Weir discussed how perceptions of the disabled community impair equality in many facets of society including education, housing, and financial independence, and discussed changes to the law that are still needed 30 years after the Americans with Disabilities Act. For instance, 80-year-old legislation named the “Fair Labor Standards Act of 1938” has unfairly permitted corporations to pay disabled employees less than minimum wage. This longstanding law was recently challenged by the National Down Syndrome Society through the TIME Act. Ms. Weir also supported continued work to build upon the recently adopted ABLE Act, which allows individuals with Down syndrome to save for their futures without losing benefits. She highlighted that many individuals with Down syndrome still face the choice between limiting their hours to part-time work or losing their much-needed Medicaid benefits. New, comprehensive legislation will be needed to address this problem if individuals with Down syndrome will be fully incorporated into the economy.   Kayla McKeon, the first registered lobbyist with Down syndrome, relayed the need for legal changes and social acceptance at an institutional level, stating, “To me, having Down syndrome is who I am but it has never stopped me for achieving my own hopes, dreams, and passions. What I want for my life and all individuals with disabilities is for us all to be treated just like everyone else. I want to live the American Dream.” The Special Olympian and lobbyist recalled being educated alongside her peers and receiving additional help as needed, as well as independence when needed. She is now attending college while working as the Manager of Grassroots Advocacy at the National Down Syndrome Society. Dr. Sheryl Lazarus, Director of the TIES Center, underscored the importance of including children with disabilities in educational settings alongside their peers, stating, “Early inclusion supports later inclusion. Early segregation almost ensures that there will be segregation later in life.” Dr. Lazarus encouraged teachers raise their expectations of disabled students’ cognitive abilities by promoting coursework such as math, reading, and social studies, not just self-care. She encouraged training and the availability of educational resources to ensure all teachers feel confident they can include children with disabilities in their classrooms. She noted that “the behavior of adults must change” to ensure that children with disabilities can reach their full potential. John Cronin, co-founder of John’s Crazy Socks, recounted that his disability “never held [him] back.” The Chief Happiness Officer of his $6 million company, he assists with public relations, merchandising, and same-day shipping to customers—who include presidents, prime ministers, and movie stars.  His passion drives his 8-hour work day, and he wants the world to know what tremendous feats people like him can accomplish. John’s Crazy Socks competes with corporate giants such as Amazon, yet the company is set apart by its social mission: to raise money for its partners and to demonstrate that hiring individuals with disabilities is a smart business decision. John’s Crazy Socks emphasizes employees’ abilities rather than disabilities and matches those abilities to the needs of the company. More than half of John’s Crazy Socks employees are differently-abled. Mark Cronin, CEO of John’s Crazy Socks, underscored that John’s Crazy Socks employees are paid above minimum wage, even though the law permits him to pay below minimum wage: “Our colleagues do not do minimum work, so we do not offer minimum pay.” He explained, “Employers will learn that those with differing abilities are an asset, not a liability. And the employers who learn this lesson the fastest, will be at an advantage and find greater success.”

  • First Person: Encountering Auschwitz

    By Rachel Bauman, Policy Advisor During the annual OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw, I joined 21 other members of the U.S. delegation on my first visit to the Auschwitz-Birkenau Memorial Museum, the site of the former concentration and death camp in Nazi-occupied Poland. The mass murder of Jews, Poles, Romani people, Soviet political prisoners, and other groups by the Nazi state is almost too monstrous for comprehension, especially from a distance. Fewer and fewer Holocaust survivors remain, and though many of their memories have been preserved, soon there will be no witnesses to speak to the horrors of the past. What remains of Auschwitz-Birkenau, perhaps the most notorious death camp, is a testament to the millions of people slaughtered by the Nazi regime. Auschwitz I, though significantly smaller than Birkenau, is largely intact, and houses powerful exhibitions giving a deeply personal glimpse into a tragedy that often seems too large to grasp. For me, the faceless masses of black-and-white history book photos were brought into sharp relief through collections of objects found after Soviet forces liberated Auschwitz on January 27, 1945.  Enormous piles of eyeglasses, human hair shaved from the bodies of women dragged from the gas chambers, and children’s shoes were on display as a reminder of the simple trappings of humanity denied to the victims. We laid a wreath at the Wall of Death, an execution site, and finished the tour with a silent walkthrough of a gas chamber, illuminated by the holes in the ceiling from which Zyklon-B pellets rained down on the trapped prisoners. At Birkenau, we walked along the original train tracks where wagonloads of people were selected to either die in the gas chambers or labor in terrible conditions in which disease, starvation, and exposure meant that the average prisoner perished mere months after arrival.  The remains of the killing factory, hastily destroyed upon the approach of the Soviets, are a haunting illustration of the scale of Nazi atrocities. The final death toll of Auschwitz is estimated at 1.3 million, with Jews accounting for about 90 percent of the murdered.  One in six Jews killed during the Holocaust were killed at Auschwitz.  The evils of anti-Semitism, racism, and persecution of minority groups still exist today. At the Birkenau memorial to the victims, Ambassador Brownback reminded us that the United States must continue to defend human rights around the world. Helsinki Commission Chief of Staff Kyle Parker (left) and Ambassador at Large for International Religious Freedom Sam Brownback (right) lay a wreath at Auschwitz at the Death Wall where those who attempted to escape were shot. As we prepared to depart, the clouds lifted over Birkenau, revealing a sunny sky, in stark contrast with the heavy grief of the morning.  Each of us processed the visit differently, but all experienced a renewed sense of the importance of our mission upon returning to the HDIM.

  • Helsinki Commission Chair Disappointed by Response of Turkish Court to Gölge Appeal

    WASHINGTON—Following the recent court decision in Turkey to reduce Serkan Gölge’s prison sentence by two-and-a-half years—but not to free him—Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: “The court’s response to Serkan Gölge’s appeal is deeply disappointing. Serkan and his family already have endured more than two years of anguish and separation, and yet the Turkish justice system has failed to produce any convincing evidence of the charges against him. This injustice must come to an end. U.S. sanctions on Turkey’s justice and interior ministers should continue until all wrongfully detained Americans and locally employed staff of U.S. consulates in Turkey are free.” U.S. citizen and NASA scientist Serkan Gölge is one of several American citizens, including Pastor Andrew Brunson, who have been caught up in the sweeping purge that followed the 2016 coup attempt in Turkey. Gölge, Brunson, and two Turkish employees of U.S. consulates were charged with terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks. A third consulate employee remains under house arrest on dubious charges.  In November 2017, the Helsinki Commission held a hearing on the detention of American citizens and U.S. consulate employees in Turkey. A month earlier, Helsinki Commission leaders called on President Erdogan to lift the state of emergency imposed in July 2016 after the failed military coup against his government. Turkey ended its two-year-long state of emergency in July 2018, but shortly thereafter the Grand National Assembly approved legislation that effectively enshrines many of President Erdogan’s controversial emergency decrees. Ahead of the May 2017 meeting between President Donald Trump and Turkish President Recep Tayyip Erdogan, Helsinki Commission leaders also urged President Trump to seek guarantees that U.S. citizens and locally employed staff jailed in Turkey will have their cases promptly and fairly adjudicated.  

  • The Human Dimension is a Parliamentary Priority

    Each September, the OSCE focuses considerable attention on its body of commitments in the human dimension, ranging from human rights and fundamental freedoms, to democratic norms and the rule of law, to tolerance in society and other humanitarian concerns. For two weeks, the participating States and interested non-governmental organizations gather in Warsaw, Poland, to review implementation of OSCE commitments in each of these areas.  This Human Dimension Implementation Meeting (HDIM) is organized under the auspices of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). Other OSCE institutions, like the High Commissioner for National Minorities and the Representative on the Freedom of the Media, also participate in the exchange of views. Traditionally, the OSCE’s Parliamentary Assembly (OSCE PA) is also represented at the meeting, and its presence this year was particularly strong. About the OSCE PA The OSCE PA is one of the original institutions of the OSCE and consists of 323 parliamentarians who gather three times a year, including at an annual session each summer where resolutions are adopted. Today’s high-profile OSCE work on human trafficking, anti-Semitism, and media freedom began years ago with initiatives undertaken by the assembly and transferred at the urging of parliamentarians to national governments for concrete follow-up activity. Decision-making in the OSCE PA is usually based on a majority vote, which contrasts with the consensus needed among government representatives in OSCE diplomacy. This allows the Assembly to address issues, particularly in the human dimension, in a way that reflects the overwhelming opinion of the participating States but would be unlikely to succeed in other OSCE bodies, where representatives of offending countries can block action.  For example, in the past five annual sessions the OSCE PA has adopted resolutions condemning Russia’s clear, gross, and uncorrected violations of Helsinki principles in it aggression against Ukraine, including violations in the human dimension.  At the 2018 annual session in Berlin last July, Russian parliamentarians unsuccessfully opposed consideration and adoption of a text on human rights violations in Russian-occupied Crimea, and on the human rights situation in Russia itself. The OSCE PA also criticizes other countries’ record in the human dimension records—including actions of the United States—but the assembly’s criticism is generally commensurate with the severity of perceived violations. The OSCE PA defends ODIHR in its work facilitating implementation of commitments where needed, and civil society in its advocacy of human rights. At the 2018 annual session, parliamentarians condemned the ongoing efforts of Turkey and some other countries to restrict non-governmental voices at the HDIM and other human dimension events, or to dilute them with non-governmental organizations formed at the behest of some of the more repressive regimes in the OSCE region.  In Berlin, the OSCE PA called “on all OSCE participating States to welcome NGO participation in OSCE events, and to reject all efforts to restrict participation in OSCE human dimension events so long as these groups do not resort to or condone violence or terrorism, to ensure the broadest possible contribution from NGOs to the OSCE’s work and a full and unrestricted exchange of information and opinions.” OSCE PA Participation in HDIM 2018 OSCE PA President George Tsereteli addresses the 2018 Human Dimension Implementation Meeting in Warsaw. In 2018, five OSCE PA officers—all elected members of national parliaments—spoke at the HDIM.  OSCE PA President George Tsereteli of Georgia addressed the gathering’s opening session, observing that while the human dimension is also known as the “third dimension” of the OSCE’s comprehensive approach to security, it “should always be our first priority.” “When we put our OSCE hats on, our primary goal is to better the lives of the more than one billion people in the OSCE area,” said President Tsereteli. “Our duty is to respond to their desire to live in a free society, where democratic debate is encouraged and not stifled, where journalists are respected and not jailed or killed, where a simple citizen can trust that his or her voice counts and is not discarded.” Two of the OSCE’s nine Vice Presidents—Isabel Santos of Portugal and Kari Henriksen of Norway—also attended. Santos focused on the human rights of migrants, and Henriksen on promoting opportunities for women and children that will protect them from human trafficking. Two of the three officers of the OSCE PA’s General Committee on Democracy, Human Rights, and Humanitarian Questions were also in Warsaw. Committee chair Margareta Kiener Nellen of Switzerland addressed hate crimes and hate speech, including ways to combat them, while committee rapporteur Kyriakos Hadjiyianni of Cyprus focused on challenges to freedom of the media, ranging from rhetorical attacks to violence and incarceration of journalists. OSCE PA human rights committee rapporteur Kyriakos Hadjiyianni delivers remarks at the freedom of the media session at the 2018 HDIM in Warsaw. Other Human Dimension Activities Throughout the year, the OSCE PA deploys short-term election observation missions and represents the OSCE as a whole in reporting the preliminary conclusions immediately after elections take place. The assembly also has an active Ad Hoc Committee on Migration, chaired by Belgian parliamentarian Nahima Lanjri, which encourages humane treatment of refugees and migrants alike, including respect for their rights, in accordance with international norms.  Various Special Representatives of the OSCE PA President also have human dimension portfolios, including Helsinki Commission Co-Chairman Rep. Chris Smith (Human Trafficking Issues) and Ranking Commissioner Sen. Ben Cardin (Anti-Semitism, Racism and Intolerance).

  • Helsinki Commission Briefing to Highlight Empowerment of Those with Intellectual Disabilities

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: A TRULY INCLUSIVE SOCIETY:  ENCOURAGING THE ABILITY IN DISABILITY Monday, September 24, 2018 3:30 p.m. Dirksen Senate Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission Fifty-seven million Americans are living with disabilities, 400,000 of them with Down Syndrome. Almost three decades ago President Bush signed into law the Americans with Disabilities Act (ADA), which provides individuals with disabilities access to the same employment opportunities and benefits available to people without disabilities; encourages employers to make reasonable accommodations; requires state and local governments to make all services and programs available to individuals with disabilities; prohibits places of public accommodation from discriminating against individuals with disabilities; and directs businesses to make reasonable modifications when serving individuals with disabilities. In so doing, the ADA has broken down many barriers blocking the full participation of individuals with disabilities in their communities and economies across the United States. While the United States has an exemplary system of integration, empowerment, and protection from discrimination, individuals with intellectual disabilities like Down Syndrome have recommended numerous further improvements to U.S. law. This briefing will explore best practices developed federally and locally in the United States to empower and integrate individuals with intellectual disabilities and discuss legal changes that will enable individuals with intellectual disabilities to reach their full potential. Panelists scheduled to participate include:   Sara Hart Weir, President and CEO, National Down Syndrome Society Kayla McKeon, Manager of Grassroots Advocacy, National Down Syndrome Society; first Capitol Hill lobbyist with Down Syndrome Dr. Sheryl Lazarus, Director, The TIES Center John Cronin, Entrepreneur with Down Syndrome; co-founder of John’s Crazy Socks Mark Cronin, Co-Founder and President, John’s Crazy Socks

  • Interview with Chris Engels, Director of Investigations and Operations, Commission for International Justice and Accountability

    By Nathaniel Hurd, Senior Policy Advisor The Commission for International Justice and Accountability is a non-governmental organization that investigates atrocity crimes and terrorism committed during conflicts and prepares evidence for prosecutions in criminal trials. Chris Engels is a lawyer with more than 15 years of international experience. In 2016, he testified before the Helsinki Commission on bringing perpetrators of genocide and related crimes to justice. This interview covers the work of CIJA and Engels, U.S. national security interests, legacy, and current efforts on accountability for international crimes and terrorism, the support of Congress, and how being an American from Mississippi shaped Engels’ life and career. What is the Commission for International Justice and Accountability? CIJA’s core work is to collect evidence of international crimes such as genocide, crimes against humanity, war crimes, and terrorism committed during conflicts. Our current investigations include Iraq, Syria, Burma, and the Central African Republic. We have seen in our careers that evidence against dictators, military leaders, terrorist groups and others who committed terrible crimes, often against their own citizens, is destroyed, stolen, or hidden away by those responsible for these crimes. Because it is close to impossible for government law enforcement or international organizations to work in these places, given the security issues related to operating in an active conflict zone, we have taken on this task. We are able to collect, preserve and analyze all types of evidence, including paper documents, hard drives, laptops, and smart phones as well as open source and social media materials. We also speak to witnesses, whether they be victims, bystanders or those who had some role in the organizations that we are looking into. An important part of this work is to bring together evidence that demonstrates the responsibility of leaders who hide behind layers of command, who don’t get their hands dirty but are most responsible for the terrible crimes they plan and order others to commit. We also work with governments that are trying to deal with insurgent groups in their own countries. It’s completely reasonable that governments have little experience dealing with collection and analysis of evidence of these types of crimes, until they are attacked by an armed group. We’ve been dealing with these crimes for a long time and can advise and assist them as they fight to stop an insurgency and build cases against those who are responsible for the crimes. We help ensure that the right people are prosecuted for the full range of their crimes. The job is challenging, but we have a great group of people working with us who are highly motivated to make sure these criminals don’t get away with their crimes. Our team is made up of investigators, analysts, lawyers, and security professionals from a number of countries, with experience in all of the recent conflicts around the globe. We are also a local organization in a way, because we have team members from the countries we work in who are incredibly committed to bringing to justice those who are tearing their countries apart. Together, we are a unique and dedicated group. That’s the key to our success. Religious and ethnic minorities, like Christians and Yazidis, were targeted by ISIS for genocide, crimes against humanity, and war crimes. What work has CIJA done on atrocity crimes against these groups? CIJA is designed to tackle these challenging issues. We have done a great deal of work to identify those ISIS members responsible for crimes against minorities such as Yazidis and Christians, and we hope to do more. I believe that our work not only promotes justice for minority victims, but also helps to cut through political rhetoric and get to the facts. On the one hand, criminal investigations will lead to the individuals responsible being brought to justice. This is key for any community. We need to make sure that those who target minority groups are not allowed to go free, particularly in the same areas, living amongst the same groups that they killed, tortured and abused. At the same time, some people see these terrible crimes committed against minorities as a political issue, and then might refuse to label crimes a genocide or crimes against humanity for political reasons. Providing high quality evidence of the crimes committed, can minimize the politics involved and redirect people to the important issues, the safety of minority communities, justice for past crimes, and the right to return to and remain in their homes and their communities as quickly as possible. What is human rights documentation? How is it different from the work of CIJA? CIJA is the first, and still only, nonprofit set up to collect and analyze evidence of international crimes during conflict for prosecution. Other groups conduct what you’ve called human rights documentation. This is different in form and substance. Human rights documenters focus on collecting information and statistics on crimes committed. They then publish reports in order to raise awareness of crimes and lobby for other governments to get involved. This is noble work, unfortunately today, we see in Syria a situation where it is possibly the most heavily documented conflict in history from a human rights advocacy perspective, but this great work has not slowed the abuses committed in the country. Another difference is that CIJA investigates up to a criminal law standard, documenting the chains of custody of materials for example so that the evidence can be used successfully at trial. This level of evidence collecting is not needed for human rights documentation. Also, we are committed to working with law enforcement. Human rights documenters do not always want to work with law enforcement, because they want to remain independent in their reporting or because they do not have consent of their sources to share information with law enforcement. This all makes sense for their work. We simply have a different focus Who funds CIJA? We have had a number of donors over the years. Our current donors include the United Kingdom, Canada, the European Union, Germany, Demark, the Netherlands, and Norway. Describe your work as Director for Investigations and Operations. There is plenty of variety in my work, and I enjoy that. I am constantly on the road meeting with our field team members, working with local law enforcement, talking to witnesses, and training others to do this type of work. Of course, I spend some days in the office behind a computer hammering out management reports, doing research, writing up notes of interviews, and managing the operational side of the organization. That includes sitting with our team leaders to work out investigative plans, addressing security issues across the different conflict zones and countries where we have people, and developing strategies for our future work. I work with a great team full of dedicated people who all work hard. It is not always the case that you get to work with a competent team that enjoys their work. I am extremely fortunate to have such a professional and passionate team at CIJA. Describe CIJA’s collaboration with the Department of Homeland Security, FBI, and other U.S. government entities. By design, CIJA has a strong relationship with U.S. law enforcement. CIJA’s primary goal is to assist in the prosecution of those responsible for the terrible crimes committed during conflicts. We have the advantage of being able to operate safely in conflict zones with unique skills to preserve the materials we collect in a way that they can be used at trial. This is the key to our success. We are not interested in writing reports, human rights advocacy or political discussions. Those things are, of course, important. But CIJA focuses simply and solely on collecting evidence to ensure dictators, terrorists, and their cronies who kill, torture, and rape civilians do not escape justice. Once we have done our job, the information needs to get to law enforcement so that justice can be done. To do that, we work with any legitimate governmental agency that is investigating these types of crimes including the FBI and DHS. We are happy to work with them and believe it is our responsibility to do so. We received over 500 requests last year to assist in law enforcement investigations and the number is increasing this year. In the United States, this work has a national security element as well. If we can stop these criminals from getting into the United States, then we are all better off. By collecting evidence now, we can identify those who are responsible for these crimes and this information can assist in making sure they do not get visas and are not allowed to enter the United States. You can see how this information provides important data necessary to secure our U.S. borders against international criminals. Have members of Congress supported the work of CIJA? Oh yes. The best example of this is probably from congressional hearings on the issue. I have had the opportunity to appear before the Helsinki Commission and the Lantos Commission to discuss international criminal justice. Helsinki Commission Chairman Senator Wicker and Co-Chairman Congressman Smith, are both great supporters of this type of work and they fully support our justice efforts. More generally, you can see the will of Congress to support this type of work in the many resolutions, laws passed, and bills still making their way through Congress–like H.R. 390 (Iraq and Syria Genocide Emergency Relief and Accountability Act). It is clear to me that Congress supports justice for victims of these crimes and sees the value in making sure dictators and terrorists are brought to justice, giving notice to those who may consider similar paths in the future. How is this work relevant to the national security of the United States? It is directly relevant in many ways. For example, we have spent the last four years investigating individuals associated with Islamic State in Syria and Iraq. We have collected a great deal of evidence on fighters who had no plans to leave Syria when they arrived. Those who were completely happy to participate in the terrible crimes committed against civilians while Islamic State was winning the fight. Today, with the near totally defeat of Islamic State in Syria and Iraq, we see that many of these fighters are now trying to get back into Europe and eventually will attempt to make their way to America. The evidence we have will help ensure these individuals are not allowed to travel freely, and if they do try to do so, they will be arrested and prosecuted. I’d say a second benefit is that our evidence shows clearly that these so-called holy warriors were in reality drug traffickers, human traffickers, rapists, slavers, thugs and criminals that simply used their power to exploit and abuse anyone they chose for any reason. I think this helps open the eyes of some vulnerable young people who might join these types of groups. Islamic State has made good use of propaganda, but the reality is very different. Demonstrating this with strong evidence is a necessary part of any effort to stop the ideology from spreading into the country. We are happy to be working on that. It’s also important to say that governments that do not respect the rights of their own people certainly do not respect the rights of other people. It is not a coincidence that many governments which permit or even actively engage in the murder, torture, and rape of their citizens also protect, harbor, and even support people engaged in international terrorism. Regimes willing to engage in atrocities often become exporters of that terror to the United States and our allies at home and abroad. When the international community holds officials accountable for their crimes through fair trials, not only is justice served but it can also deter those who threaten peace and security from acting in the future. What is the American legacy, past and present, on this work? America’s leadership has promoted international justice from its earliest days. We were the engine behind the Nuremburg Tribunal and the other post-WWII prosecutions. We were a driving force for the Yugoslav and Rwanda tribunals. America has been an advocate of justice across the world and ready to stand up against dictators who were killing their people. This process is never simple; it’s often messy. But we as a people have pushed forward this sense of responsibility to protect others who cannot protect themselves. I believe that is a noble American trait that should preserved. What is it like being an American doing this work? What do you tell people abroad about your home country and home state? Do you miss home when you are abroad? Absolutely, I miss home when I am abroad. I think there are a lot of people working internationally who used this type of work to get out of the place they came from for whatever reason. That is not me. I love Mississippi; my family is there and so are the catfish and the crawfish. I believe in the work I do and that work takes me all over the world, but Jackson is my home. To put it more succinctly, the first house I bought was in Jackson, and I assume the last house I live in will be in Jackson as well. That is not to say I do not enjoy my time abroad. Even after 15 years or so of working overseas, I still feel lucky to be out in the world meeting interesting people from different backgrounds, hearing their stories and sharing some of my own Mississippi stories as well. Mississippi is complex, with all its relaxed, humid goodness mixed up with its troubled history. We all know, if you don’t keep an eye on that history, it will try to catch back up with the present, and I think most Mississippians are mindful of that. I used to be frustrated by all the preconceived notions people had about the South, but I got over that long ago. Sometimes, though, I have to remind people that I didn’t just pop out of the screen from a Hollywood movie or some anachronistic South, lacking culture and grammar, divided into two simplistic race-based groups that perpetually make bad decisions that keep them both poor and ignorant. To tell the truth, I still find it amusing and a little ironic that people who have never visited the South are okay with telling me about how bad things are in the South, but do not see any problem with stereotyping a whole region based on their limited information. I also think that Americans are often criticized for stereotyping or profiling other countries and regions based on limited information. But that mistake is universal. Every place, every people, every country is complex. Just living in a foreign country will teach you that and the learning will be quick. That’s what makes things interesting. The complexities and differences provide us with opportunities to think differently, act differently, and appreciate new perspectives. We in Mississippi can learn from the complex challenges people in other nations have faced. But we have much to share with them as well. More importantly, I run into tons of people who know something about Mississippi, whether it’s because of their love for blues or food, they have family or friends in Mississippi, or they’ve visited and want to talk about their next visit to the South. It’s great to talk to those people whether in Europe, the Middle East, Asia or on a plane in between. I also find plenty of people who are mystified by the South and want to know more. As you’ve probably guessed, I have plenty to say on that topic. There is more to be done to bring communities together in the South, but this experience can be a positive. We have come a long way as a group of people, while still facing relative poverty and still building trust across communities. There is a message in this work for those that are experiencing a civil war or reeling from its immediate aftermath. It’s a long road and not everyone is on board, but our example can give hope to those who currently have little reason to believe their tomorrow will be any better than their today. Describe growing up, going to college, and living in Mississippi. I grew up during a sweet spot in time for a Southerner, I believe. Being born in the mid-70’s, I spent my youth without the Internet. This not only freed up a great deal of time to run around in the woods, paddle down rivers, and occasionally act like I was fishing, but it also meant I was sort of sequestered, unknowingly, from the rest of the world. I also saw a changing South, and a changing Mississippi. By the time I could remember things going on around me, the great unrest of the civil rights era had shifted to a time of Southern-paced reconciliation and while no one would say it was perfect, we were moving forward as Mississippians throughout my youth. I think that reconciliation, like justice, is not something to be completed; it is an ongoing process and must be consciously acted upon by each generation. Looking back, I think we were doing that in my youth. I also picked up a great deal about fairness and respect for individuals from living in Mississippi. We are a people who believe in the power of the individual to change his or her place in life and that those who abuse their power should not be allowed to take advantage of folks. There is a balance in Mississippi between not getting involved in another person’s business and standing up when someone is being mistreated. I think that, as simplistic as it might sound, is the root of my drive to do this work. Mississippi is my home. My family and friends are in Mississippi. My house is in Mississippi. I vote in Mississippi, and I am a member of the Mississippi Bar Association. I spend a lot of time in foreign countries because my work requires it. When people ask me where I am from, I am proud to tell them I’m from Mississippi. I love to tell the story of Mississippi, and when I’m home, I love to live that story. What about your experience as an American, specifically one from Mississippi, has fueled your commitment to justice, accountability, counter-terrorism and preventing violence extremism? What have you learned as an American, from Mississippi, that formed how you see others? I think my experiences growing up have given me some small level of insight into the desire of those I work with to reconcile and rebuild a peaceful and successful society that is better for their children. It’s not just about bringing those to justice who are responsible for these atrocities, it is also about bringing society back together, reconciling after these conflicts, and justice is an important part of that. In Bosnia for years after the war, women walked down the street and saw their rapists, men saw their torturers and young children saw those who executed their fathers and mothers. Communities cannot mend without justice. Martin Luther King Jr. said it well, “True peace is not merely the absence of tension: it is the presence of justice.” I like to think my work helps to ensure that justice is present for dictators and war criminals wherever they might be. Yes, some would consider investigating atrocities in Syria and Iraq a dangerous job, and sometimes it might even seem futile given the fact the conflict has lasted so long, but I believe the time will come when the world will try those responsible, and when that time comes CIJA’s work will ensure that the proper evidence is ready and available. In the meantime, we are constantly working with law enforcement agencies around the world to arrest and prosecute those who leave Syria and Iraq and are found in countries willing to bring them to justice. What are the most satisfying aspects of your job? I hate that there is a need for my job, but I love doing it. One of the most satisfying parts of my job is to see criminals who thought they were going to get away with torturing and killing their own people, their neighbors, and former classmates, arrested and prosecuted for their terrible acts. But it’s not just about bringing those powerful criminals to justice, it is also about bringing society back together and reconciling after these conflicts. Ensuring those who were most responsible are taken out of the mix and are serving out criminal sentences for their crimes is key to making sure the rest of the society can move forward. I don’t believe we can solve all the problems in the world, but I want to do a good job at this small piece of it. If I can do that, then I feel like all the time and energy is worth it.

  • Viewing Security Comprehensively

    By Alex Tiersky, Senior Policy Advisor, Global Security and Political-Military Affairs What does an annual human rights dialogue have to do with peace and security? To the uninitiated, the answer may not be obvious. The OSCE’s annual Human Dimension Implementation Meeting (HDIM) focuses on the compliance by participating States with the Helsinki Final Act’s ten guiding principles for relations between states, including respect for human rights, and with its humanitarian commitments.  Like the OSCE’s annual reviews of the security and the economic/environmental dimensions, the HDIM is a deep dive into a specific group of issues embraced by the OSCE. Yet all three of these dimensions are inextricably intertwined. The 1975 Helsinki Final Act enshrined groundbreaking linkages between the rights of the individual and peaceful relations among states in the concept of comprehensive security. It explicitly recognized that democracy, fundamental freedoms, and the rights of persons belonging to minorities underpin regional peace and security. By signing the document, all OSCE participating States have agreed that lasting security cannot be achieved without respect for human rights and functioning democratic institutions. The Potential of Comprehensive Security Soviet dissident groups were among the first to recognize the potential of the Helsinki Final Act’s then-revolutionary linkages. According to Yuri Orlov in Ludmilla Alexeyeva’s memoir “Thaw Generation,” the founders of the Moscow Helsinki Watch Group observed that the act represented “the first international document in which the issue of human rights is discussed as a component of international peace,” empowering dissident groups to hold their own authorities to account for human rights violations by way of other governments’ assessments. American presidents have repeatedly underlined the significance of the comprehensive concept of security enshrined in the Helsinki Final Act. President Ronald Reagan, returning from discussions with his Soviet counterpart in October 1986, made clear that progress on lessening of tensions and possible arms control agreements would require trust between the two sides, and that this trust was in turn predicated on the Soviet government’s record on meeting human rights commitments: “… I also made it plain, once again, that an improvement of the human condition within the Soviet Union is indispensable for an improvement in bilateral relations with the United States. For a government that will break faith with its own people cannot be trusted to keep faith with foreign powers.” President George H.W. Bush in 1992 underlined that in the act, “participating States recognized respect for human rights as an ‘essential factor’ for the attainment of peace, justice and cooperation among nations.” President Barack Obama in 2015 hailed the act’s central conviction that “the security of states is inextricably linked to the security of their citizens’ rights.” The concept of comprehensive security also lay behind the establishment of institutions such as the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), which is tasked by the participating States with helping governments to meet their commitments to human rights and democracy. ODIHR describes its mission as “a cornerstone of the OSCE’s comprehensive concept of security.” Similarly, OSCE field missions helping OSCE participating States to strengthen their democracy and thereby their security through the implementation of the OSCE commitments in areas ranging from minority rights to media freedom. The relevance of human rights to building and upholding both internal and international peace has also been a reoccurring theme in the work of the OSCE Parliamentary Assembly. For example, in June 2017  the rapporteur of the OSCE PA Committee on Democracy, Human Rights, and Humanitarian Questions urged OSCE “governments to prioritize commitments to protect fundamental human rights and freedoms of every individual in addressing such pressing issues as countering violent extremism.” Comprehensive Security and the Helsinki Commission The comprehensive concept of security also inspired today’s U.S. Helsinki Commission. The commission has heard on numerous occasions from serving government officials just how crucial the relevance of human rights within states is to security among states. For instance, at a Helsinki Commission hearing while serving as Assistant Secretary of State for European and Eurasian Affairs, Philip Gordon emphasized, “The OSCE’s comprehensive approach to security offers a vehicle for engagement across the political, military, economic, and human rights dimensions. ... one of the most important features of the OSCE is that it recognizes that security is not just about what happens between states or beyond borders, but what happens within them.” At the same hearing, then-Assistant Secretary of State for Democracy, Human Rights, and Labor Michael Posner underlined, “Respect for human rights and fundamental freedoms within states is an essential element of security and prosperity among states. This principle lies at the core of the OSCE. Without a vigorous Human Dimension, the Helsinki Process becomes a hollow shell.” Helsinki Commissioners consistently emphasize the linkages between the various dimensions of security in all aspects of their work, including efforts to condemn torture; defend the rights of a free press; protect human rights and fundamental freedoms in the fight against terrorism; or underline the importance of individual liberty and the rule of law as the foundations of the NATO alliance. In 2017, all Senate members of the Helsinki Commission jointly introduced a introduced a bipartisan resolution urging President Trump to recognize the importance of the Helsinki Final Act and its relevance to American national security.  As Chairman Roger Wicker observed, “Peace and prosperity in the OSCE region rest on a respect for human rights and the preservation of fundamental freedoms, democratic principles, and economic liberty.” 

  • Special Envoy to Monitor and Combat Anti-Semitism Act of 2018

    Mr. Speaker, I rise today in support of H.R. 1911, the Special Envoy to Monitor and Combat Anti-Semitism Act of 2018. This important legislation would elevate the position of Special Envoy to Monitor and Combat Anti-Semitism to the rank of Ambassador, reporting directly to the Secretary of State; as the primary advisor and coordinator for U.S. government efforts to monitor and combat Anti-Semitism and Anti-Semitic incitement in foreign countries. Many notable groups support this initiative, including the American Jewish Committee, the Anti-Defamation League, and The Jewish Federations of North America, and I am proud to stand with them to ensure that the United States continues to play a leading role in combatting Anti- Semitism across the globe. Those of us who have served on the U.S. Helsinki Commission have taken efforts to combat anti-Semitism at the international level. As Ranking Democratic Member of the United States Helsinki Commission, I have long worked with representatives of governments throughout Europe to highlight the resurgence of Anti-Semitism and elevate efforts to push back against this despicable resurgence through education, outreach, and improved security. Mr. Smith, Mr. Hoyer, Senator Cardin and I have all chaired the Helsinki Commission, and together, we have worked with several other Members of both the House and Senate, as well as with parliamentarians particularly from Germany and Canada, to have the Parliamentary Assembly of the 57-country OSCE condemn the escalation of anti-Semitic violence in Europe. We first did this at the Assembly's 2002 annual session in Berlin, Germany, and have kept it on the agenda there ever since, suggesting measures to counter anti-Semitic statements and acts of violence alike. I pushed it strongly while serving as President of the OSCE Parliamentary Assembly from 2004 to 2006, and then as chairman of the Commission from 2007 to 2008. We succeeded in getting OSCE institutions, officials and diplomatic representatives to incorporate efforts to combat anti-Semitism and other forms of intolerance into their ongoing work. I know Mr. Smith continues to raise the issue in the Assembly as the current co-chair of the Helsinki Commission, and Senator Cardin serves as the Assembly's Special Representative on Anti- Semitism, Racism and Intolerance. Ensuring that our country continues to lead in the fight against Anti-Semitism is a priority that we should all embrace. I fully support this measure and urge my colleagues to do the same.

  • Race, Rights, and Politics

    Today, Europe is grappling with the complex intersection of national identity, immigration, and security concerns, as well as a rise in xenophobic violence. As a result, European states are facing increased scrutiny of their efforts to integrate minorities and migrants, with some questioning the commitment of European governments to democratic principles and human rights.   The briefing featured European political leaders and civil society representatives of African descent, or black Europeans, who discussed the state of their democracies and recent efforts to address inclusion of Europe’s diverse populations, including parallel issues faced by black and minority populations on both sides of the Atlantic.  Helsinki Commissioner Representative Gwen Moore opened the event, stressing the importance of transatlantic cooperation to address increasing challenges to democracy and rising prejudice and discrimination in Europe and the United States. The speakers emphasized the need for greater protection of human rights of minorities of all backgrounds—racial and otherwise—including Polish, Romanian, Jewish, and Muslim populations, particularly in a modern Europe of sharp demographic change, BREXIT, and stagnating birth rates. They also discussed the need for migrant labor to revitalize and sustain European economies and social welfare systems.  Hungarian Parliamentarian Olivio Kocsis-Cake called for European policymakers to do more to address the situation of Roma. In response to a question on the European Parliament invoking Article 7 sanction procedures against Hungary—censuring it for violating “fundamental values” of the EU—he expressed hope that the EU’s rebuke would lead Hungarian PM Viktor Orbán to reconsider the “nationalist” and xenophobic policies he was advancing.   MP Killion Munyama of Poland spoke of his work on the Council of Europe Resolution 2222, which promotes minority political participation.  Parliamentarian Clive Lewis of the United Kingdom argued that BREXIT would negatively impact black populations—exacerbating existing housing, job, and education disparities—and that xenophobic rhetoric associated with the BREXIT campaign had led to a 20-30 percent spike in “race-hate” attacks. Against the backdrop of the Alternative für Deutschland (AfD) party and the recent neo-Nazi protests in Chemnitz, Germany, Parliamentarian Aminata Toure of Schleswig-Holstein, Germany, reflected on her experience as the first black woman elected to her region’s parliament and one of only six black MPs in all of Germany. She called for more be done to empower the 23 percent of Germans with migrant backgrounds who find themselves massively underrepresented in governing structures, and are increasingly becoming targets of violence. Panelists Nero Ughwujabo and Simon Woolley discussed their separate efforts on implementing the United Kingdom’s March 2018 Race Disparity Audit Report to eradicate disparities across all sectors. The effort was heralded as a potential model for by which governments could address systemic inequalities amongs their own populations.  Ministers must “explain or change” disparities, with 90 million pounds dedicated towards the effort. Citing the UK effort as a model that could be emulated, Mr. Woolley contended that it is in every government’s self-interest to “unlock the potential on their doorstep” in minority populations. Civil society representatives Ali Khan and Jeffrey Klein argued that empowering black and minority populations was key, including by directing funding towards minority-led, grassroots organizations.  Groups do not need to be saved from without, but empowered from within. The panel concluded with speakers calling for solidarity and lasting cooperation in implementing democratic principles, and seeking recognition, representation, and access to equal opportunities for diverse communities. For more information on the Transatlantic Minority Political Leadership Conference, download the full report. 

  • An Ongoing Quest for Justice in Serbia: The Bytyqi Brother Murders

    While adherence to the rule of law is essential in any democracy, it takes on a greater importance in post-conflict settings. Providing justice in cases of egregious, conflict-related crimes is essential to bringing closure to surviving victims or to the friends and family of those lost. It is also important for society to acknowledge what happened by prosecuting those individuals responsible, countering assertions of collective guilt that make reconciliation difficult. Nowhere in the OSCE region has the provision of justice taken on more importance than in and among the countries of the Western Balkans, where numerous atrocities associated with Yugoslavia’s break-up were committed in the 1990s.   One case of particular importance to the United States is that of the Bytyqi brothers. To date, no one has been successfully prosecuted for the July 1999 execution-style murders of American citizens Ylli, Agron, and Mehmet Bytyqi while they were in the custody of Serbia’s Interior Ministry. While escorting a Romani family to safety in the aftermath of the Kosovo conflict, the brothers were apprehended by Serbian police and jailed for two weeks for illegally entering the country. Rather than being released, the three were placed in the custody of a special operations unit of the Serbian Ministry of Internal Affairs. Their bodies were found two years later, with hands bound and gunshot wounds to the back of their heads, buried atop an earlier mass grave of approximately 70 murdered Kosovo civilians. For nearly two decades, the surviving members of the Bytyqi family have sought to have those responsible for the crime brought to justice. When current Serbian President Aleksandar Vucic was prime minister, he assured the family and U.S. officials, including vice-presidents, secretaries of state, and members of Congress, that action would be taken. Years later, however, nobody has been charged—let alone successfully prosecuted—for either ordering or carrying out the murders. The United States has repeatedly raised the case in the OSCE, including at the annual Human Dimension Implementation meeting in Warsaw, Poland.    The leading suspect, former Interior Ministry official Goran “Guri” Radosavljevic, has close connections with the ruling Serbian Progressive Party and may be protected from prosecution as a result. While discussing the case at a December 2017 joint briefing of the U.S. Helsinki Commission and the Tom Lantos Human Rights Commission, the international tribunal’s chief prosecutor Serge Brammertz of Belgium noted, “It remains in Serbia very, very difficult to have cases conducted in relation to mid-level or higher-level perpetrators.”  International Criminal for the former Yugoslavia (ICTY) Chief Prosecutor Serge Brammertz at the December 2017 Helsinki Commission briefing (also pictured: American University law professor Diane Orentlicher) At the briefing, Rep. Eliot Engel (NY-16) recalled that President Vucic had promised him and other U.S. officials to bring those responsible to justice soon. “That was a long time ago,” he added, “and it has not yet occurred despite widespread understanding of who was behind the crimes.”     Nemanja Stjepanovic of Serbia’s Humanitarian Law Fund concurred, asserting that Serbia’s War Crimes Prosecutor never accuses “a high-ranking military or police officer or high officials in Serbia, targeting instead “exclusively direct perpetrators of crimes, and from the indictments it is not possible to see their relationship with the state.”  Stjepanovic noted that those Serbian officials who were convicted for egregious crimes by the international court often become part of public life when they return to Serbia after serving their sentences. For example, Vladimir Lazarevic, an army general who served 14 years for crimes committed in Kosovo, became a lecturer at Serbia’s military academy; Nikola Sainovic, also convicted for crimes in Kosovo, is now a leader in the Socialist Party that is part of Serbia’s ruling coalition.   On June 28, 2018, frustration over the lack of progress in the case prompted the Foreign Affairs Committee of the U.S. House of Representatives to mark up H.Con.Res. 20, introduced by Rep. Lee Zeldin (NY-01), regarding the execution-style murders of the Bytyqi brothers. Reacting to the committee action, Serbian Foreign Minister Ivica Dacic claimed that Serbia remained serious about addressing the case. However, concrete actions would be the clearest proof of Belgrade’s commitment to the rule of law.

  • Free-Trade Zones

    Free-trade zones (FTZs) are duty-free areas within a country’s borders designed to encourage economic development by allowing goods to be imported and exported under less restrictive conditions than are present elsewhere in that country. In many places, these zones generate jobs and revenue; however, they also are hospitable to illicit trade and money laundering. In the worst cases, law enforcement fails and FTZs become global hubs of criminal activity. According to Dr. Clay Fuller of the American Enterprise Institute, attempts to study FTZs are often thwarted by discrepancies in the definition and measurement of FTZs, a lack of coordination between the private and public sectors to collect data, and a dearth of globally aggregated data. Dr. Fuller agreed that FTZs have played a role in fostering corruption and suggested that better aggregate data is needed to reach further conclusions.  Essential to overcoming their challenges, FTZs must first be identified in a standardized format before the data can be accurately amalgamated. The Organization for Economic Cooperation and Development (OECD) has begun to study these problems from a global perspective through its Task Force on Countering Illicit Trade. Jack Radisch, Senior Project Manager at the OECD, reported that the trade in fakes is a $461 billion industry. This problem is exacerbated by FTZs, which can enable the movement of illegal goods. Stephane Jacobzone, Deputy Head of OECD’s Public Governance Division, expressed concerns about global “governance gaps,” such as those created by FTZs with poor oversight, which allow criminal activity to thrive. Pedro Assares Rodrigues, a EUROPOL Representative with the Europol Liaison Bureau, underscored the significance of global coordination by discussing the risk of FTZs to harbor terrorist activity. The United States and EUROPOL have united to combat global security threats through projects such as the Secure Information Exchange Network Application, allowing the US and EU to work efficiently and securely. Alongside Mr. Assares Rodrigues’ call for greater international coordination, panelists offered potential policy responses to criminal activities within the FTZs from both the private and public sectors.  For example, Dr. Fuller proposed that private companies should be enlisted to report data on FTZs, though he stipulated that government must protect the privacy of companies throughout the process. Dr. Fuller also added that countries that already participate in international data sharing agreements or multilateral conversations about FTZs should beseech their trading partners to join these same data-sharing partnerships.  Mr. Radisch and Mr. Jacobzone added that the OECD is working toward a comprehensive FTZ “code of conduct” that could eventually be adopted by member states.

  • Snapshot: Challenges to Press Freedom in the OSCE

    As the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) convenes the annual Human Dimension Implementation Meeting (HDIM) conference in Warsaw, Poland—the largest human rights gathering of any kind in Europe—journalists in several OSCE participating States continue to face intimidation, persecution, violence, and even imprisonment just for doing their jobs. Albania: On August 30 in Albania, the home of the father of News 24 TV crime reporter Klodiana Lala was sprayed with bullets, according to the investigative website BalkanInsight.   Fortunately, nobody was injured.  Lala has been reporting on organized crime in Albania for years. Other investigative journalists have been harassed in the past. Azerbaijan: Azerbaijan’s documented record of continued harassment of both foreign and domestic media, including intimidation through lawsuits and even imprisonment, has continued in 2018. Since early last year, the government has blocked the websites of Meydan TV, the Azadliq newspaper, Turan TV, and the U.S.-sponsored Radio Free Europe/Radio Liberty’s (RFE/RL) Azeri service, among others, effectively stifling the country’s only remaining major sources of independent news. Among those journalists investigating official corruption, Mehman Huseynov is serving a two-year sentence for defamation and Afgan Mukhtarli is serving a six-year sentence for entering the country illegally despite credible reports that he was abducted from Georgia in 2017 and brought into Azerbaijan against his will. According to news reports, Khadija Ismayilova, an investigative journalist formerly with RFE/RL who was imprisoned for 18 months in 2014-15, remains under a travel ban and met with German Chancellor Angela Merkel during her recent visit to Azerbaijan to discuss the continued harassment of the media. Bosnia and Herzegovina: On August 26, Vladimir Kovacevic, a reporter for the independent Bosnian Serb television station BNTV, was attacked and severely beaten outside of his home after reporting on an anti-government protest in Banja Luka, according to Voice of America (VOA). Belarus: On August 7-8 2018, Belarusian authorities raided several independent media outlets, confiscated hard drives and documents from offices and apartments, and detained 18 journalists, including the editor-in-chief of Tut.by, Marina Zolotova. According to press reports, the Belarusian Investigative Committee accused the targeted media outlets of illegally accessing the subscription-only news website BelTA, a crime punishable by fines and up to two years of either house arrest or prison time. While all detained journalists have been released, Belarusian authorities have prohibited them from leaving the country while the charges are being investigated, according to the Belarusian Association of Journalists. These latest actions came on the heels of other recent incidents targeting the country’s independent media. As reported by RFE/RL, Belarusian lawmakers passed controversial amendments to the country's media laws in June 2018 which they claimed were necessary to combat so-called "fake news." In July, a Minsk court sentenced Belarusian journalist Dzmitry Halko to four years in a guarded dormitory and forced labor after convicting him of assaulting two police officers. Natallya Radzina, the Poland-based chief editor of independent news site Charter97, reported she received death threats. In addition, well-known Belarusian blogger Sergey Petrukhin has been harassed and detained in recent months, according to the CPJ. Independent media outlets like Belsat TV has received at least 48 fines since the start of 2018, according to Reporters Without Borders (RSF). Croatia: In late June, the European Federation of Journalists reported that Croatian journalist and owner of Zadar News Hrvoje Bajlo was beaten up in Zadar, resulting in his hospitalization. He was also threatened with death if he continued his writings.   Montenegro: Olivera Lakić, an investigative journalist for the Montenegrin newspaper Vijesti, was wounded outside her home by a gunman on May 8, The Guardian reported.  She had been reporting on official corruption in the country.   A bomb exploded in front of the home of one of her associates earlier in the year. Russia: Russia remains a challenging place for independent media to survive, much less thrive.  Journalists remain the target of harassment, arrest, and intimidation. According to the CPJ, five journalists are currently serving prison sentences related to charges of defamation, ethnic or religious insult, or anti-state rhetoric. One of the most notable cases is that of Ukrainian filmmaker Oleg Sentsov, who was arrested by Russian authorities in Crimea, and is currently serving a 20-year prison sentence on charges of terrorism. He has been on a hunger strike since May14, 2018, calling for “the release of all Ukrainian political prisoners that are currently present on the territory of the Russian Federation.”   Many governments, including the U.S., and non-governmental groups have raised concerns about his case directly with the Russian government and called for his release. Serbia: The Association of Journalists of Serbia (UNS) said it had registered 38 cases in which journalists and media workers had reported attacks and other types of harassment since the year began.  Turkey: Turkey continues to be the world’s leading jailer of journalists, according to CPJ. In 2017, CPJ documented 73 Turkish journalists in prison; Turkish civil society groups, such as the Journalists’ Union of Turkey and P24, estimate that the number is at least twice as high (149 and 183, respectively). Most imprisoned journalists are charged with terrorism, including links to the movement led by Fethullah Gulen, whom the government accuses of masterminding an attempted coup in 2016. Over the past year, dozens have been sentenced to lengthy prison sentences, often on charges related to terrorism.  Fourteen Cumhuriyet journalists were sentenced in April, 2018, and six journalists from Zaman newspaper were sentenced in July. Even Turkish journalists living outside of Turkey are not exempt from persecution. According to the Department of State’s 2017 Human Rights Report, 123 Turkish journalists currently living in other countries are too afraid of reprisal, harassment, or arrest to return. The government has also used emergency powers to shutter nearly 200 media outlets, putting scores of journalists out of work. Meanwhile, a small group of large business conglomerates loyal to the government have consolidated their control over the vast majority of Turkey’s mainstream media. Ukraine: In a recent ruling that threatens the internationally recognized protection of a journalist’s sources, a court in Ukraine approved the prosecutor-general’s request for the cell phone data of an RFE/RL investigative reporter. The journalist is Natalia Sedletska, host of the award-winning anti-corruption TV show “Schemes: Corruption in Details,”  a joint production of RFE/RL and Ukrainian Public Television. The information requested includes phone numbers; the date, time, and location of calls, text messages, and other data, which the prosecutor-general’s office claims is needed as part of a criminal investigation. During the period covered by the request, however, the program Schemes has reported on several investigations of senior Ukrainian officials, including the prosecutor-general.  The brutal murders of Jan Kuciak and his fiancé in Slovakia and Daphne Caruana Galizia in Malta are stark reminders of the tremendous risks investigative journalists take to expose crime and corruption within the government. While public outrage over Kuciak’s killing led to the resignation of multiple cabinet officials in Slovakia, so far there have been no indictments for the crime. In Malta, three people have been indicted in connection with Galizia’s murder, but those who ordered the assassination remain at large. In the United States, five journalists at the Capital Gazette in Annapolis, MD, were brutally murdered in June by a gunman who allegedly was disgruntled by an article the Gazette had written regarding his arrest and subsequent probation for harassing former high school classmates on social media. This is merely a snapshot of the daily challenges and real danger that journalists, editors, and media professionals face in many OSCE participating States. Despite politically charged global rhetoric about the role and purpose of the media, freedom of speech remains a cornerstone of any functioning democracy, and a reliable, trustworthy, and professional media free to do its job without harassment or threat is essential.

  • Ongoing Election Challenges in Bosnia and Herzegovina

    On October 7, 2018, Bosnia and Herzegovina will hold general elections for government offices at the state level, as well as for offices in each of the “entities” into which the country is politically divided (Bosnian Federation and Republika Srpska), and finally within each of the 10 cantons that make up the Federation.  These elections mark a continuing transition to democratic norms, including respect for human rights and fundamental freedoms as well as adherence to the rule of law, detailed in OSCE commitments. Unfortunately, the challenges faced by a country in its transition have been complicated in Bosnia by the lingering effects of the 1992-1995 conflict, where all sides—primarily but not exclusively Serb nationalist forces—targeted civilians in ethnic cleansing campaigns. These atrocities, which included the genocide at Srebrenica in July 1995, resulted in the displacement of about half the country’s population, the deaths of approximately 100,000 individuals, and the torture or mass rape of thousands more. More than 20 years later, it would be a mistake to underestimate the social scars associated with such a traumatic experience in a country of 3 to 4 million people.    The most visible artifact of the conflict, however, is not those scars but the political system in which the upcoming elections will be held. Peace was restored by a combination of outside intervention and concessions at the negotiating table; the resulting constitutional arrangement contained in Annex IV of the Dayton Peace Agreement remains in place today. This arrangement includes allowing only those declaring their affiliation with one of the three main ethnic groups or constituent peoples—Bosniaks, Serbs, and Croats—to stand for election to a seat on the state-level presidency or in the House of Peoples of the country’s parliament. Even then, citizens are only eligible if they also live in the right place; Bosniaks and Croats must also reside in the Bosnian Federation and Serbs must reside in Republika Srpska. In 2009, the European Court of Human Rights ruled in favor of two Bosnian citizens, Dervo Sejdic and Jacob Finci, who were ineligible to run as presidential candidates because they do not affiliate with one of the three recognized groups; they are Romani and Jewish respectively. In 2016, Ilijaz Pilav won a similar case at the court when he was denied the chance to run because he is a Bosniak who lives in Republika Srpska. Two years earlier, Azra Zornic also won her ECHR case against Bosnia after she was declared ineligible for not declaring her ethnic affiliation.  Despite these court victories in Strasbourg, discrimination in Bosnia and Herzegovina continues. Between Bosnian citizens who do not belong to any of the three constituent peoples, Bosniaks and Croats residing in in Republika Srpska, Serbs residing in the Bosnian Federation, and an unknown number of those like Zornic who do not wish to identify on the basis of ethnicity, more than 300,000 Bosnian citizens are denied the right to stand for election to the Bosnian Presidency or seek a seat in the state-level House of Peoples. The October 2018 elections are further complicated by the 2017 decision of Bosnia’s constitutional court that the mechanism for establishing the Bosnian Federation’s own House of Peoples was unconstitutional and by the annulment of relevant portions of the electoral code. In this case, the claim was made that existing practices had disadvantaged ethnic Croat voters. In early 2018, political talks under international auspices failed to produce a solution, largely due to a desire by those seeking to maintain political power to further entrench ethnicity as a defining factor into the system. The result could be a political crisis after the elections if the Bosnian Federation parliament cannot convene, leading to a similar situation at the state level. In July 2018, a congressional delegation organized by the U.S. Helsinki Commission visited Bosnia and Herzegovina. Nine Members of Congress met with Sejdic, Finci, and Pilav, as well as civil society representatives and others, to learn more about the ethnic barriers to effective exercise by citizens of their human rights and fundamental freedoms. The nine-member congressional delegation and U.S. Ambassador Maureen Cormack with Dr. Ilijaz Pilav, Ambassador Jacob Finci, and Mr. Dervo Sejdic in Sarajevo.  At the end of the visit, the head of the delegation and Helsinki Commission Chairman Sen. Roger Wicker (MS) concluded, “The discriminatory ethnic criteria that prevent some Roma, Jewish, Serbs in the Federation, Croats and Bosniaks in the Republika Srpska, and other citizens who do not self-identify with a group from seeking certain public offices is unacceptable and can easily be addressed… We hope for progress on electoral reform, in line with accepted norms for free and fair elections, so that election results can be implemented and a government formed. We are dismayed at the lack of political diversity within some of the main ethnic groups in this country, and take issue with those who argue they are entitled to a monopoly in representing those groups.”  The congressional delegation expressed frustration over the lack of progress with the current state presidency. It also asked the OSCE Parliamentary Assembly, meeting in Berlin later that month, to maintain a strong focus on Bosnia and Herzegovina and to send a robust election observation mission to the country in October. Of course, Bosnia’s woes go beyond this issue. Republika Srpska officials continue to undermine the country’s state-level institutions to justify an agenda that is not only openly separatist but, as evidenced by the recent revocation of a 2004 report acknowledging he massacre at Srebrenica, also highly nationalistic. One political party seeks define ethnic privileges that would essentially allow it alone to represent Bosnia’s Croat population. Bosniak political leaders, while perhaps more flexible regarding non-ethnic political options, nevertheless seem content representing the country’s primary victims from the conflict period as they remain in power and engage, as do the others, in widespread corruption. Malign outside influences, including Russia, thrive on the Bosnia’s political impasse.  Getting elections right—at this most fundamental level in addition to their overall conduct—is critical and perhaps the best place to start the larger reform effort Bosnia needs. Unless this happens, the country, which is estimated to have the world’s highest youth unemployment rate at well over 50 percent, will see its most talented citizens future vote with their feet, and exercise the right they retain as individuals, regardless of ethnicity, to leave the country behind for a future elsewhere.

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