Helsinki Commission Leaders Troubled by Continued Imprisonment of U.S. Pastor Andrew Brunson in TurkeyWednesday, July 18, 2018
WASHINGTON—Following today’s ruling by a Turkish court that U.S. pastor Andrew Brunson will remain jailed pending his next trial date in October, the four senior members of the U.S. Helsinki Commission—Helsinki Chairman Roger Wicker (MS), Co-Chairman Rep. Chris Smith (NJ-04), Ranking Commissioner Sen. Ben Cardin (MD), and Ranking Commissioner Rep. Alcee Hastings (FL-20)—released the following statements: “The cruelty of today’s decision is astonishing,” said Chairman Wicker. “By extending Pastor Brunson’s indefinite detention and setting his next trial date for mid-October, the Turkish government has declared its intention to keep this innocent man in jail past the two-year anniversary of his arrest without conviction or any credible evidence against him. There is no room in NATO for hostage-taking. Pastor Brunson should be freed immediately.” “Over the past 18 months, it has become clear that President Erdogan has the ability to end this injustice, but he refuses to do so,” said Co-Chairman Smith. “President Erdogan has put Pastor Brunson and his family through 649 days of enormous suffering. Pastor Brunson must be released immediately, otherwise this cruel abuse of a U.S. citizen should have serious consequences for our country’s relationship with the Turkish government.” “I remain deeply concerned that Mr. Brunson remains in prison in Turkey,” said Sen. Cardin. “Today’s action represents yet another miscarriage of justice in this case. The Turkish government must drop its spurious charges and release Mr. Brunson immediately.” “Turkey’s persecution of Pastor Brunson has been characterized by conspiratorial charges, anonymous witnesses, and political agendas, and bears no resemblance to a credible judicial process,” said Rep. Hastings. “Even as the Turkish government prepares to lift its nearly two-year state of emergency, we should not be fooled into thinking that the rule of law is returning to Turkey. Pastor Brunson’s wrongful imprisonment proves that nothing is likely to change.” Pastor Brunson is one of several American citizens, including NASA scientist Serkan Gölge, who have been caught up in the sweeping purge that followed the 2016 coup attempt in Turkey. Despite the efforts of the President of the United States, among many others, he has spent more than a year in jail on national security charges. Gölge and two Turkish employees of U.S. consulates stand charged with similar 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. The Turkish government has announced it will not seek to extend emergency rule when it expires tomorrow, but draft legislation introduced by Erdogan’s government would enshrine many of his 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 jailed in Turkey will have their cases promptly and fairly adjudicated and receive full consular assistance.
Inside the Turkish ElectionWednesday, July 11, 2018
By: Everett Price, Senior Policy Advisor With Contributions from Scott Rauland, Senior State Department Advisor On June 24, Turkey held its first presidential and parliamentary elections since the passage of controversial constitutional amendments last year that began Turkey’s transformation from a parliamentary to a presidential system. The victors in this election are to preside over the transition to this new form of government and begin to shape the operation of its revamped institutions. In accordance with its commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE), Turkey formally invited the OSCE to observe the vote. This invitation paved the way for the OSCE’s first-ever full-scale deployment of election observers to Turkey. Although the OSCE observed previous elections in Turkey—including last year’s constitutional referendum—it had never done so with a full complement of hundreds of short-term observers that deploy all over the country to record their observations on election day. In the absence of short-term observers, OSCE observation missions rely primarily on a smaller cohort of long-term observers who spend as much as a month in the country monitoring every dimension of the campaign period and balloting. (Learn more about OSCE election observation.) Altogether, the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) deployed 22 long-term observers and more than 300 short-term observers to observe the election across the country. Most STOs are drawn from cadres of experienced volunteers offered by individual OSCE participating States. In addition, the parliamentary assemblies of the OSCE (OSCE PA) and Council of Europe (PACE) contributed 72 and 32 members of parliament and parliamentary staff, respectively, to serve as STOs. The U.S. Helsinki Commission regularly participates in OSCE PA election observation missions. What follows is a first-person account from two U.S. Helsinki Commission staff who served as short-term observers during the Turkish elections. These observations are not an authoritative account of the conduct of the Turkish election, however. Readers interested in such an account should review the OSCE’s official statement of preliminary findings and conclusions. In the days before the election, experts from the OSCE’s ODIHR and the OSCE PA organize a series of in-depth briefings in Ankara to acquaint short-term observers with the context and process for the coming vote. In opening these briefings, Mr. Ignacio Sanchez Amor, a Spanish parliamentarian tasked as the special coordinator and leader of the OSCE short-term observer mission, noted numerous ways in which this election was exceptional. Turks would be voting under a nearly two-year-old state of emergency imposed by the government following a failed coup attempt in July 2016. The state of emergency gave Turkish President Erdogan sweeping powers to rule by decree and authorized provincial governors to curtail basic freedoms, such as the freedom of movement and freedom of assembly. Presidential decrees purged tens of thousands of civil servants from their work, shuttered over a hundred news outlets, blocked thousands of websites, and contributed to the arrest of scores of independent journalists, often on dubious national security charges. Sanchez Amor further commented that the transition to a presidential system and the country’s newly-approved election laws made this election especially complex. Most of the constitutional amendments approved in last year’s referendum would take effect after the election. The victorious presidential candidate, for instance, would be the first to assume unprecedented executive powers that international monitors and the chairman of the U.S. Helsinki Commission, Sen. Roger Wicker (MS), criticized as undermining the separation of powers. Likewise, successful parliamentary candidates would take up seats in a somewhat neutered institution that is given no say in ministerial appointments and can be unilaterally dissolved by the president. One of the constitutional amendments abolished a previous prohibition on new electoral laws taking effect less than 12 months before an election. This meant that the June election would be governed by election regulations passed in November and March that President Erdogan and his ruling Justice and Development Party (AKP) had muscled through parliament without any opposition support. Opposition leaders sharply criticized provisions in the laws that allowed the government to relocate voting locations on security grounds, loosened rules governing the police presence around polling stations, and weakened protections against election fraud by admitting ballots that are missing a required polling station stamp. Sanchez Amor also expressed concern that one of the country’s major presidential candidates had been in pre-trial detention since November 2016 and was being forced to campaign from his jail cell. This treatment of Selahattin Demirtas, the presidential candidate for the pro-Kurdish Peoples’ Democratic Party (HDP), was one of many restrictions severely disadvantaging the HDP. Campaign banners of two opposition parties stretched across a primary avenue in downtown Ankara. The briefings we received from journalists, civil society organizations, and political parties largely focused on concerns that President Erdogan and the AKP enjoyed overwhelming and unfair advantages incompatible with a free and fair democratic process. Independent journalists noted that Turkey is the world’s largest jailer of reporters with approximately 150 behind bars. They further remarked on dramatic changes in Turkey’s media landscape in recent years that had seen nine out of 10 mainstream TV channels, and most of the print media, fall under the ownership of government aligned businessmen. As a result, the ruling party benefited from nearly wall-to-wall positive media coverage. Additionally, under recent legal changes the Supreme Election Board was stripped of its ability to impose penalties on broadcasters for violating regulations that mandate equal election coverage. All opposition parties complained about Turkey’s 10 percent election threshold—the highest in the world—that requires a party to garner 10 percent of the national vote to secure seats in parliament. During this election, they feared that the ruling party would manipulate the vote to deprive the pro-Kudish HDP of a ten percent share, allowing AKP as the likely runner-up in Kurdish-dominated areas to assume the seats forfeited by HDP. This would be the AKP’s quickest route to a commanding majority in the legislature. Opposition party leaders warned that the government could use a combination of tactics to suppress the vote for HDP, particularly in the Kurdish southeast. The government had already announced that it had invoked its new authorities to relocate and merge nearly a thousand polling stations in the southeast for security reasons, affecting more than 150,000 voters. Election authorities could also use the admission of unstamped ballots to artificially diminish HDP’s share of the vote. In addition, several briefers noted that deadly violence could be used to intimidate voters. Indeed, less than two weeks before the election a campaign-related altercation in the south left three HDP supporters dead, along with the brother of an AKP candidate for parliament. Many briefers noted that the pro-government media had cast the AKP as the victim of the melee, where in reality the fight had been instigated and escalated by the ruling party’s side. The opposition’s indictment of the fairness of the election was met by an AKP-led campaign to smear those who might tarnish perceptions of the credibility of the outcome. The OSCE observation mission was one of the targets of this campaign. The government denied two OSCE PA parliamentarians entry to the country to participate in the election observation mission, citing political opinions they had expressed in the past. A government spokesperson decried the OSCE’s interim report on the election on June 15 as “political.” Additionally, just two days before the election, Turkey’s semi-official news agency published a story citing anonymous security sources that claimed OSCE observers planned to create “chaos” in the country. It was in this climate of heightened mutual suspicion between the ruling party and the opposition, and between the government and the OSCE observation mission, that we deployed to Istanbul to undertake our election day observation. We were assigned to observe the election at precincts in and around Sisli, a mixed-income neighborhood in central Istanbul that historically supports the secular opposition. Each precinct in Turkey contains numerous voting rooms, with a maximum of 400 voters assigned to each. In all we visited nine so-called ballot box committees (BBCs) in five precincts throughout the day. Sisli delivered its largest share of votes (48.7 percent) to Turkey’s leading secular opposition party CHP in the last parliamentary election in November 2015, and overwhelmingly opposed the transformational 2017 constitutional amendments (71.8 percent). Given the district’s political profile, it was unsurprising to find observers from CHP and other secular opposition parties deployed in full force at our first precinct where we observed the opening procedures for the polls. We arrived just before 7:00 a.m. as the ballot box committee (BBC) was assembling to open the sealed election materials and prepare for voting to begin. The seven-person BBC, chaired by a civil servant and composed of bureaucrats and political party representatives, began to count and record the number of ballot envelopes and presidential and parliamentary ballots—a tally that is important for later confirming that no election materials are unaccounted for. The mood was serious but amiable and cooperative. With a solitary exception, BBC members worked together constructively without so much as a hint of their diverging political loyalties. Soon, an NGO observer (who was accredited as a political party observer, since there is no legal framework for NGO observation) appeared with a tray of traditional Turkish tea for everyone, observers and BBC members alike. (Tea stands were ubiquitous at the entrance to polling stations, fueling weary poll workers throughout the day and contributing to a generally festive atmosphere around the otherwise dreary school buildings.) Voters congregate outside a polling station in central Istanbul on election day. Over steaming cups of black tea, the poll workers set about the onerous task of applying the BBC’s identifying ink stamp to each of the more than 300 envelopes and presidential and parliamentary ballots—nearly 1,000 stamps in all. Every BBC we visited that morning noted that they had labored well after the polls opened to complete this cumbersome but mandatory and important process. With two of their colleagues still engrossed in stamping and the eight o’clock opening just minutes away, the BBC’s other five members forged ahead with preparations, sealing the clear plastic ballot box with a wax stamp. More or less promptly at eight, the BBC chairwoman announced the opening of the polling station. An elderly gentleman who had already shuffled through the open doorway before the announcement immediately presented his ID to receive his ballot papers. His punctual appearance quickly revealed the disorganization of this particular BBC, which had failed to organize the somewhat convoluted voting procedure into an orderly workflow. Voters were to hand over their identification for confirmation against the printed voter rolls and then receive two oversized ballots for president and parliament, one undersized envelope, and a stamp to mark their choices. To cast their ballots, voters entered a curtained booth, marked one choice each for parliament and president, stuffed the large sheets into the small envelope, sealed it with a lick, and emerged to drop the envelope into the ballot box. Before departing, voters returned the stamp back to the BBC, signed the voter roll, and retrieved their identification and any bags or cellphones they left behind with the BBC. Keeping track of identification cards, remembering to provide all four necessary voting materials (two ballots, envelope, and stamp), and managing the coming and going of voters proved difficult for our first BBC. In just the first twenty minutes the chairwoman twice pulled open a voting booth’s privacy curtain to locate a misplaced ID and missing stamp—an act that should rarely—if ever—occur, since it can compromise the secrecy of the vote. This procedural dysfunction may have slowed the vote and caused undue confusion for voters, but it had negligible if any implications for the outcome of the balloting. Indeed, the majority of other BBCs we visited were capably managed and all demonstrated admirable transparency. In each classroom we visited—and they were all classrooms—the BBC chair graciously welcomed us, answered our questions, and allowed us to review the voting materials. Political party and NGO observers were common and none complained of being restricted in their work on election day. By the end of the day we had grown particularly accustomed to the sight of observers from the HDP party. These observers were almost uniformly impressive, assertive, young, and female. It became clear that what is generally described simply as a “pro-Kurdish party” has developed political purchase far beyond the Kurdish-dominated southeast, attracting many young, progressive Turks concerned with the rights of women and minorities. Presidential and parliamentary ballots and envelopes prepared for distribution to voters. In our experience, the transparency protected by professional BBCs and capable local observers was only undermined by skittish security services who seemed uneasy about the role of international observers. Under new election laws passed earlier this year, Turkish police were allowed to patrol closer to polling stations and—for the first time—enter voting rooms at the request of any citizen. One instance of police involvement we witnessed was legal and appropriate; in several other cases it appeared to overstep the prescribed bounds. At a polling station we visited in Gultepe, a more conservative neighborhood just outside Sisli, a heated argument erupted over a poll worker who allegedly exceeded his mandate in assisting a confused voter, sparking allegations of election interference. Consistent with their mandate, the police entered on at least three occasions during the prolonged shouting match to respond to the disturbance and to remove unauthorized people who had entered the voting room. These same police entered another time to exercise their prerogative to check our credentials but departed shortly after. As the day wore on, however, our interactions with the police grew more frequent and contentious. At another polling station in Sisli, police greeted us almost immediately upon our arrival and insisted on escorting us throughout the building. When we entered a voting room to conduct our observations, the police followed us in without any discernible invitation and sat down to watch us until we were through. Arriving at our final polling station of the day, we were stopped at the entrance to have our credentials checked against a screenshot of approved individuals the policeman had received via the encrypted messaging application, WhatsApp. He informed us that several foreigners had been caught “posing as OSCE observers” so they were under orders to apply extra scrutiny. Although we were not on his screenshot, the officer relented after a few minutes’ delay and followed us inside while respecting the rules about entering the voting room. After a short break, we returned to the same polling station to witness the closing and counting procedure, but this time the police refused us entry. They said they had still not been able to find us on their list, despite our accreditation by the Supreme Electoral Board. With the five o’clock closing swiftly approaching, we insisted on the importance of entering before the polls closed. They offered that we could observe the voting room from the hallway, but we were obligated to decline since the OSCE’s methodology requires unfettered access to the polling area. At the last minute, they said we could observe from a designated area inside the room. Once inside the room, it turned out no such area existed and the police displayed no interest in enforcing one. In contravention of the rules, however, they remained standing directly behind us inside the room nearly the entire time. Consistent with OSCE observations across the country, vote counting at our BBC began promptly once the polls closed. In much the same sprit of cooperation we witnessed at the opening in another precinct, the members of this BBC worked smoothly together to perform the critical, final procedures: securing the voting materials and counting and recording the results. The BBC’s genuine effort to conduct this process fairly and transparently was marred by some critical procedural errors and the persistent presence of the police, which risked undue oversight by the security services of a sensitive political process. Most procedural faults took place early on and introduced avoidable opportunities for mistakes or manipulation. Rather than count the unused voting materials after the polls closed, for instance, the BBC departed from the prescribed procedure and counted them before the room was open to the public to observe the count. By depriving observers of the opportunity to verify this tally, the BBC undermined a safeguard that confirms the number of votes cast matches exactly the number of voters who participated. Another significant oversight involved the BBC’s failure to enter crucial figures directly into the official register, known as a “protocol.” By having one member of the committee simply jot down the tallies of voting materials on a scrap piece of paper, the BBC failed to guard against subsequent mistakes in transcription or intentional alterations. Oddly, the otherwise attentive and assertive political party observers in the room did not raise these issues with the BBC, possibly out of ignorance of the procedures or disinterest in the importance of these steps. They seemed most focused when it came to the centerpiece of the process: the all-important counting and adjudication of ballots. In this, the BBC acquitted itself quite well—holding up each ballot in full view of all present, loudly announcing the vote, and recording it only once all were satisfied with the chairman’s judgment (i.e. valid, invalid, or blank). U.S. Helsinki Commission Senior State Department Advisor Scott Rauland reviews voting materials with Ballot Box Committee members. Given the considerable pre-election controversy about the admission of unstamped ballots, it was surprising that no observer raised a question about whether the ballots or envelopes were appropriately imprinted with the BBC’s seal, which was often faint and on the reverse side of the papers. Late on the day of Turkey’s controversial 2017 constitutional referendum, the government unilaterally decided to count unstamped ballots despite the widespread understanding that the stamps protected against fraud. The number of admitted unstamped ballots last year allegedly accounted for the government’s slim margin of victory in that vote. As a result, opposition leaders protested earlier this year when the government used its absolute majority in the parliament to codify the validity of unstamped votes beginning with the 2018 presidential and parliamentary election. This decision created frustrating ambiguity about the need for the elaborate stamping process that tied up BBCs in the morning, sometimes for more than an hour. The last steps of the vote count turned out to be the most cumbersome. The astonishingly analog voting process created numerous frustrations, significantly delaying delivery of the ballots to the District Electoral Board responsible for tabulating all the votes in Sisli before forwarding them to the Provincial Electoral Board that oversees a third of Istanbul. The chairperson was consumed for almost an hour manually copying detailed voting results onto nearly a dozen copies of the official protocol for distribution to political party representatives and observers. Another time-consuming process involved sealing all the ballots and sensitive voting materials in a cloth sack using twine and a wax seal. All present watched in quiet agony as the chairperson struggled to melt the nub of wax with a lighter, singing his fingers and nearly setting fire to the bag in the process. Out of the 250 votes counted in our BBC, leading opposition presidential candidate Muharram Ince prevailed with 65 percent of the vote and his party, CHP, took 50 percent of the parliamentary ballots. The simultaneous presidential and parliamentary election afforded voters the opportunity to split their votes between the two ballots. Specifically, many analysts speculated that opposition supporters would endorse Ince as the favored presidential candidate while casting a vote for HDP in the parliamentary election to help the party clear the ten percent threshold. The outcome in our BBC seemed to bear this theory out: Ince received 15 percent more support for president than his party did in the parliamentary vote, while HDP’s presidential candidate Demirtas secured only 4 percent in the presidential but his party garnered 24 percent in the parliamentary. Once counting was complete in all the precincts’ voting rooms, members of the BBCs boarded a municipal vehicle with the sealed sacks and official protocols for delivery to the District Electoral Board. Per OSCE instructions, we jumped into a separate vehicle to tail the municipal van through the narrow streets of Istanbul to the DEB to confirm the official results were delivered directly without interference. A long line of vans packed with other BBCs was in front of the District Electoral Board waiting their turn to offload. When it came our turn I—accompanied by a police escort—followed the voting materials past heavily-armed guards and crowd control fencing into the building. It was a cramped but sprawling high-rise divided into a warren of small, austere rooms. A crush of poll workers pressed into the building’s narrow corridors trying to reach their designated room. In each room were half a dozen election workers waiting to receive election materials from every corner of the district, double-check the calculations in the protocol, and forward the results for district-level tabulation. After verifying the secure delivery of our BBC’s materials, I sought to follow the process a step further. Instead, I was offered a meeting with the judge who chairs Sisli’s electoral board. Supporters of President Erdogan and AKP celebrate their election victory in Taksim Square. It was now well past 9:00 p.m., more than four hours since the polls closed. The judge sat in his office watching two sets of election returns roll in: semi-official results were being broadcast via cable news on a large television across the room while a map on his computer screen that read “Supreme Election Board” was being populated with the official numbers. Although it was impossible for me to tell what discrepancy might have existed between the figures at that moment, opposition leaders were simultaneously turning to social media to reassure their supporters that pro-government media were broadcasting premature results to discourage them. These hopeful claims appear to have been inspired more by optimism than reality—the official results released the next day differed little from what the media was reporting in the evening. At least in central Istanbul, the election results at that time of night were still in the early stages of being compiled at the district level. The judge explained how in the coming hours the district’s protocols would be digitized, loaded onto a public website, and used to generate a district-level protocol of official election results. As chairman, his role would be to adjudicate disputes and discrepancies in the tabulation and certify the final results. Satisfied that I had followed the process as far as I could, our observation ended. Around 10:00 p.m., President Erdogan declared victory. With 52.6 percent of the vote, he had won outright in the presidential election, avoiding a runoff with the leading secular opposition candidate by a comfortable margin. In parliament, AKP fell just short of an absolute majority for only the second time in its 16 years in power. The AKP’s election coalition partner, the nationalist MHP party, surprised many with its strong performance, earning 49 seats in the 600-seat parliament and easily supplying the six seats AKP needs to reach 301 votes in the legislature. Importantly, HDP cleared the ten percent threshold and will be the third-largest party in parliament with 67 seats behind CHP’s 146. Altogether, an impressive 86.2 percent of the population had participated in the vote. Over a late night dinner in a gentrifying secular neighborhood of Istanbul, I could hear some nearby diners discussing the election results with resignation over glasses of wine. Further off in the distance, the blaring of car horns announced the beginning of celebrations by the President’s supporters. I followed lines of cars festooned with Turkish flags and AKP banners as they streamed toward centrally-located Taksim Square. There, a spontaneous victory party had broken out. A jubilant AKP loyalist was being carried aloft, leading the gathering crowd in chants of “Allahu Akbar!” and “Recep Tayyip Erdogan!” The evening stroll between these two contrasting scenes was a journey across a wide social and political chasm in Turkey—a chasm the president may choose to widen or narrow in his new mandate. Recent studies have revealed acute polarization within Turkish society that reflects high levels of social distrust and political intolerance. These ills present critical challenges for governance. During the campaign, President Erdogan pledged to lift the nearly two-year-old state of emergency upon his reelection. AKP statements since the election suggest that Erdogan may decline to renew the state of emergency when it expires on July 18. This would be an appropriate first step toward rebuilding trust and one the U.S. Helsinki Commission called for in an October 2017 letter to President Erdogan. But lifting the state of emergency might only be a superficial gesture if it is not accompanied by significant prisoner releases and amnesties—particularly for human rights defenders and journalists—as well as meaningful judicial reform to restore the credibility and independence of Turkey’s politicized justice system. In accordance with its mandate, the U.S. Helsinki Commission will continue to monitor Turkey’s implementation of its commitments as an OSCE participating State to respect human rights and democratic principles. In this most recent election the Turkish people demonstrated formidable levels of political participation and civic engagement. Now and in the future, the government must succeed where it has recently failed to ensure that all its citizens have an opportunity to participate in Turkish society and institutions on the basis of fundamental equality. The morning after the election, a woman crosses Taksim Square.
Roundtable on Illicit TradeThursday, June 21, 2018
Illicit trade—the transnational smuggling of illegal goods—has grown dramatically in the era of globalization thanks to modern technology, free trade zones, and the absence of the rule of law in many countries. Today, the shadow economy is booming and is estimated to account for up to 8 to 15 percent of world GDP. This roundtable brought U.S. government officials together with representatives of companies, associations, and organizations working to combat illicit trade. Participants discussed policy responses to the growing threat of illicit trade and how to build effective public-private partnerships. Officials from the intelligence community, the Department of Homeland Security, and the Department of State discussed their agencies’ roles in the struggle to stem the tide of illicit trade. Click here to see the full list of participants.
Helsinki Commission to Host Roundtable On Illicit TradeThursday, June 14, 2018
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ROUNDTABLE ON ILLICIT TRADE Thursday, June 21, 2018 1:00 p.m. Russell Senate Office Building Room 485 Live Webcast: www.facebook.com/HelsinkiCommission Illicit trade—the transnational smuggling of illegal goods—has grown dramatically in the era of globalization thanks to modern technology, free trade zones, and the absence of the rule of law in many countries. Today, the shadow economy is booming and is estimated to account for up to 8 to 15 percent of world GDP. This roundtable will bring U.S. government officials together with representatives of companies, associations, and organizations working to combat illicit trade. Participants will discuss policy responses to the growing threat of illicit trade and how to build effective public-private partnerships. Officials from the intelligence community, the Department of Homeland Security, and the Department of State will discuss their agencies’ roles in the struggle to stem the tide of illicit trade. Discussion will follow each presentation. Participants include: Russ Travers, Acting Director, National Counterterrorism Center, Office of the Director of National Intelligence Convergence: How illicit trade networks fit in with other illicit networks Christa Brzozowski, Deputy Assistant Secretary, Trade and Transport, Department of Homeland Security Contraband: How to stop the flow of illicit goods Lisa Dyer, Director, Office of Intellectual Property Enforcement, Department of State Counterfeiting: How to combat the violation of IP protections Aaron Seres, Acting Section Chief, Financial Crimes Section, FBI Corruption and Organized Crime: How to counter those who facilitate illicit trade The event is open to the public.
Chairman Wicker Acts to Protect Religious Freedom in Europe and Central AsiaMonday, June 11, 2018
WASHINGTON—Helsinki Commission Chairman Sen. Roger Wicker (MS) today introduced a bipartisan resolution (S.Res.539) urging President Trump to take action against some of the worst violators of religious freedom in Europe and Central Asia. Key targets of the legislation include the governments of Tajikistan, Turkmenistan, Uzbekistan, Azerbaijan, Kazakhstan, Turkey, and Russia, as well as Russian-led separatist forces in Ukraine. “Our founding fathers made religious freedom a cornerstone of our country, and President Trump carries that legacy forward by making religious freedom a cornerstone of his presidency. This resolution is a blueprint for action in a region where governments have often attacked religious freedom instead of protecting it. When governments take steps toward improvement, as Uzbekistan has done, we should support and bolster their efforts,” said Chairman Wicker. Helsinki Commissioner Sen. Jeanne Shaheen (NH) is the lead co-sponsor of the resolution. Other original co-sponsors of S.Res.539 include Helsinki Commissioners Sen. Thom Tillis (NC), Sen. John Boozman (AR), and Sen. Cory Gardner (CO), along with Sen. James Lankford (OK). S.Res.539 targets governments of participating States of the Organization for Security and Cooperation in Europe (OSCE) that have not complied with specific OSCE commitments to respect fundamental human rights and freedoms, including religious freedom. The resolution urges President Trump to: Re-designate Tajikistan, Turkmenistan, and Uzbekistan as “Countries of Particular Concern”—nations that engage in or tolerate severe violations of religious freedom such as torture, prolonged detention without charges, abduction or clandestine detention—and take actions required by the International Religious Freedom Act of 1998 Designate Azerbaijan, Russia, and Turkey as “Special Watch List Countries” for severe violations of religious freedom, and designate Kazakhstan if it continues to tighten restrictions on religious freedom Block entry to the United States and impose financial sanctions on individual violators in these countries, including but not limited to: Turkish officials responsible for the imprisonment of Andrew Brunson, an American pastor who has been unjustly jailed since October 2016 Kremlin officials responsible for Russia’s forcible, illegal occupation of Crimea Russian-led separatist forces in Ukraine Instruct the Ambassador-at-Large for International Religious Freedom, former Helsinki Commission Chairman Sam Brownback, to develop a U.S. government strategy that promotes religious freedoms in these countries, especially prioritizing support for ongoing reforms in Uzbekistan S.Res.539 is supported by prominent international religious freedom advocates, including: Dr. Thomas Farr, President of the Religious Freedom Institute, and founding Director of the State Department’s Office of International Religious Freedom Dr. Kent Hill, Executive Director of the Religious Freedom Institute, and Assistant Administrator of the U.S. Agency for International Development (2001-2008) The Ethics and Religious Liberty Commission of the Southern Baptist Convention Frank Wolf, former U.S. Representative (VA-10), and Distinguished Senior Fellow, 21st Century Wilberforce Initiative Nina Shea, Director, Hudson Institute’s Center for Religious Freedom Dr. Daniel Mark, Commissioner, U.S. Commission on International Religious Freedom (2014-2018; Chairman 2017-2018), and Assistant Professor of Political Science, Villanova University Rev. Dr. Andrew Bennett, Canada’s Ambassador for Religious Freedom (2013-2016), and Program Director for Cardus Law Dr. Aykan Erdemir, Senior Fellow, Foundation for Defense of Democracies, and Member of Parliament, Grand National Assembly of Turkey (2011-2015) Dr. Elijah Brown, General Secretary, Baptist World Alliance Dr. Byron Johnson, Director, Institute for Studies of Religion, Baylor University Dr. Daniel Philpott, Professor of Political Science, Notre Dame University Dr. Kathleen Collins, Associate Professor of Political Science, University of Minnesota
2018 World Cup: The Beautiful Game and an Ugly RegimeThursday, May 31, 2018
The 2018 World Cup hosted by Russia has created an unprecedented opportunity for the country’s kleptocrats to enrich themselves. Just as he did with the 2014 Winter Olympics in Sochi, President Vladimir Putin has hijacked a world sporting event in an attempt to burnish his own image and enrich the Kremlin elite, rather than to celebrate sport and sportsmanship in Russia. However, unlike the 2014 Winter Olympics, the World Cup has required multiple infrastructure projects in not just one, but eleven, host cities. Oligarchs, as well as regional and national officials, have worked together to embezzle assets from the tournament stadium construction and refurbishment to side projects of accommodation and transport. Mistreated and forced laborers have completed this work. Contractors have used and manipulated Rus-sian and migrant workers to erect the stadiums and other structures that are essential to hosting a World Cup. For example, Russia has continued its unscrupulous use of North Korean forced labor to build St. Petersburg Zenit Arena, opened by President Putin himself in March 2017. Russia presented the World Cup to the FIFA voters in 2010 as a wholesome tournament, bringing the world together for a festival of sport. Instead, President Putin will give the world a corrupt tournament, built on the backs of forced and mistreated labor, and expose fans to a real risk of soccer violence and hatred. Although troubling trends in each of these areas can be seen in countries throughout the OSCE region, the offenses of the Kremlin are particularly egregious. Download the full report to learn more. Contributors: Michael Newton, Intern and Scott Rauland, Senior State Department Advisor
Democracy DeferredWednesday, May 09, 2018
After amending the constitution to extend the length of a presidential term and abolish term limits altogether, Azerbaijan’s ruler since 2003, Ilham Aliyev, recently prevailed in elections that secured his position until 2025. International election observers described this vote as “lack[ing] genuine competition” given the country’s “restrictive political environment and…legal framework that curtails fundamental rights and freedoms.” The presidential election took place after a year of growing concern over the state of fundamental freedoms in Azerbaijan. In March 2017, the government blocked nearly all remaining major sources of independent news; it continues to harass and detain independent journalists. That same month, the Extractive Industries Transparency Initiative suspended Azerbaijan’s membership over the government’s onerous regulation of civil society organizations. In December 2017, the Council of Europe began exploring unprecedented punitive measures against Azerbaijan for flouting a European Court of Human Rights ruling ordering the release of former presidential candidate Ilgar Mammadov, jailed since 2013. As Azerbaijan approaches 100 years of independence in May, the Helsinki Commission examined these recent developments and the country’s implementation of its freely undertaken human rights and democracy commitments. In September 2017, Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04) introduced H.Res.537 calling on the U.S. Government to prioritize democracy and human rights in its engagement with Baku and examine the applicability of targeted sanctions against the most egregious violators of basic rights.
Helsinki Commission Briefing to Review State of Fundamental Freedoms in AzerbaijanWednesday, May 02, 2018
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: DEMOCRACY DEFERRED: THE STATE OF ELECTIONS AND FUNDAMENTAL FREEDOMS IN AZERBAIJAN Wednesday, May 9, 2018 10:30 a.m. Capitol Visitor Center Room SVC 215 Live Webcast: www.facebook.com/HelsinkiCommission After amending the constitution to extend the length of a presidential term and abolish term limits altogether, Azerbaijan’s ruler since 2003, Ilham Aliyev, recently prevailed in elections that secured his position until 2025. International election observers described this vote as “lack[ing] genuine competition” given the country’s “restrictive political environment and…legal framework that curtails fundamental rights and freedoms.” The presidential election took place after a year of growing concern over the state of fundamental freedoms in Azerbaijan. In March 2017, the government blocked nearly all remaining major sources of independent news; it continues to harass and detain independent journalists. That same month, the Extractive Industries Transparency Initiative suspended Azerbaijan’s membership over the government’s onerous regulation of civil society organizations. In December 2017, the Council of Europe began exploring unprecedented punitive measures against Azerbaijan for flouting a European Court of Human Rights ruling ordering the release of former presidential candidate Ilgar Mammadov, jailed since 2013. As Azerbaijan approaches 100 years of independence in May, the Helsinki Commission will examine these recent developments and the country’s implementation of its freely undertaken human rights and democracy commitments. The following panelists are scheduled to participate: Audrey L. Altstadt, Professor of History, University of Massachusetts – Amherst Emin Milli, Director, Meydan TV Maran Turner, Executive Director, Freedom Now Additional panelists may be added. In September 2017, Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04) introduced H.Res.537 calling on the U.S. Government to prioritize democracy and human rights in its engagement with Baku and examine the applicability of targeted sanctions against the most egregious violators of basic rights.
How to Get Human Rights Abusers and Kleptocrats Sanctioned under the Global Magnitsky ActTuesday, March 13, 2018
The workshop provided human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. Sanctions experts described, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also discussed the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists shared investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates.
Helsinki Commission Workshop to Explain Global Magnitsky Sanctions ProcessWednesday, March 07, 2018
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced a workshop to provide human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. HOW TO GET HUMAN RIGHTS ABUSERS AND KLEPTOCRATS SANCTIONED UNDER THE GLOBAL MAGNITSKY ACT Tuesday, March 13, 2018 3:00 p.m. Capitol Visitor Center Room SVC 212-10 Live Webcast: www.facebook.com/HelsinkiCommission Sanctions experts will describe, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also will discuss the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists will share investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates. Panelists include: Rob Berschinski, Senior Vice President, Human Rights First; former Deputy Assistant Secretary of State Brad Brooks-Rubin, Managing Director, The Sentry; formerly with the Departments of State and Treasury Bill Browder, Founder and Director, Global Magnitsky Justice Campaign Mark Dubowitz, CEO, Foundation for Defense of Democracies Adam Smith, Partner, Gibson, Dunn & Crutcher; formerly with the National Security Council and Department of Treasury Josh White, Director of Policy and Analysis, The Sentry; formerly with the Department of Treasury The Global Magnitsky Act is a powerful new tool for deterring human rights violations and fighting corruption. Presence on this list freezes any U.S. assets an individual may hold, blocks future transactions within the U.S. financial system, and bans any travel to the United States. By sanctioning individuals who engage in the worst abuses of power, the United States hardens its own system to external abuse while extending moral support and solidarity to those whose fundamental freedoms are curtailed or denied.
Boris Nemtsov: 1959-2015Wednesday, February 28, 2018
On February 27, 2015, former Deputy Prime Minister and Russian opposition leader Boris Nemtsov was brutally murdered on the Bolshoi Moskvoretsky Bridge directly in front of the Kremlin in Moscow, Russia. Three years after Nemtsov’s assassination, the Helsinki Commission examined the investigation into Nemtsov’s murder to shed light on the circumstances of the most high-profile political assassination in modern Russia. The Helsinki Commission probed reasons why the plaintiffs were denied the opportunity to a fair trial, the effects Russian propaganda has had on Russian citizens in the suppression of information about the case, and the impact of sanctions resulting from the 2016 Global Magnitsky Act. The Commissioners heard testimony from Zhanna Nemtsova, daughter of Boris Nemtsov; Vladimir Kara-Murza, Chairman of the Boris Nemtsov Foundation for Freedom; and Vadim Phrokhorov, Lawyer for the family of Boris Nemtsov. Sen. Roger Wicker (MS), chairman of the Helsinki Commission, introduced the witnesses and commended Ms. Nemtsova for her courageous activism against gross human rights violations in Russia. Sen. Ben Cardin (MD), the Helsinki Commission’s ranking senator, highlighted Russian President Vladimir Putin’s attempts to suppress democracy in Russia, as well as the Kremlin’s use of military force in Ukraine, interference in the 2016 U.S. presidential elections, and involvement in the deaths of political opponents like Mr. Nemtsov. Sen. Cardin also praised Russian citizens who side with democracy and emphasized that “[members of the Helsinki Commission] are on the side of the Russian people.” Rep. Christopher Smith (NJ-04), Co-Chairman of the Helsinki Commission, discussed how the Magnitsky Act is a breakthrough and a “very useful tool against repressive regimes.” He also asked the panelists for recommendations on actions the United States can and should take to further transparency on the investigation, and expressed interest in initiating a procedure to establish a special representative for the OSCE Parliamentary Assembly meeting in July of 2018. “And, so, for Boris himself, we need [...] all parties responsible to be held to account — total transparency,” Rep. Smith said. Ms. Nemtsova, the first to testify, criticized Russian authorities for failing to classify the murder as politically motivated. She also explained how the Russians want to end public debate on sensitive political issues. “You probably are aware of what [the Russians] are afraid of most,” she said. “They’re afraid of the sunshine. My father’s case is one of the sensitive issues, and that’s why it’s important to bring it to the sunshine.” Ms. Nemtsova also criticized the investigative committee for not identifying the individual that orchestrated the murder. In closing, she noted that the Government of Russia has tried—but failed— to erase her father’s memory, and urged the Commissioners to appoint a special representative to oversee the investigation at the July 2018 Parliamentary Assembly Annual Session in Berlin, Germany. During his testimony, Mr. Kara-Murza reiterated the importance of the Boris Nemtsov plaza-naming ceremony that took place on February 27, 2018, exactly three years after his murder. The District of Columbia renamed a section of Wisconsin Avenue, in front of the Russian Embassy, to honor Boris Nemtsov’s legacy. “It is important for those who continue to hold remembrance marches [...] for people who continue Boris Nemtsov’s work by exposing government corruption. You can kill a human being, but you cannot kill what he stood for,” he said. Mr. Kara-Murza noted that experts frequently blur the line between a country and a regime and urged political leaders in Western democracies to “not equate Russia with the regime that is ruling it.” He concluded by urging the Commissioners to initiate a process, similar to the appointment of a special rapporteur, under the auspices of the OSCE Parliamentary Assembly Annual Session being held in July 2018. Mr. Prokhorov reiterated how Russian authorities refused to recognize Boris Nemtsov’s murder as politically motivated and that the evidence led to the inner circle of Ramzan Kadyrov, the leader of Chechnya. “The problem is not that the investigation of the suspects is difficult or impossible. Our principal concern is that the investigative authorities are not willing to make any effort to do so,” Mr. Prokhorov said. Mr. Prokhorov stated that the Russian authorities breached the family of Boris Nemtsov’s right to a fair trial and how “none of the organizers or masterminds have been identified or persecuted to date.” He concluded by urging western political leaders, diplomats, and public figures to engage Russian counterparts in dialogue regarding Boris Nemtsov’s murder when given the opportunity to do so.
One Year Later, U.S. Consulate Employee in Turkey Remains Behind BarsFriday, February 23, 2018
By Everett Price, Policy Advisor One year ago today, Turkish authorities detained Hamza Uluçay, a 36-year veteran Turkish employee of the U.S. Consulate in the southern city of Adana. After decades of service to the United States, he spent the last year behind bars on unsubstantiated terrorism charges. Authorities initially questioned Uluçay last February about his communications with local Kurdish contacts. Such communication with local contacts, including peaceful Kurdish groups, would have been a routine part of the U.S consulate’s work. Yet within hours of his initial detention, the Turkish press claimed that Uluçay was suspected of inciting public support for the PKK, or Kurdistan Workers’ Party, a U.S.-designated terrorist organization that has been engaged in a more than three-decade armed conflict with the Turkish state. After more than a week in custody, Uluçay was released for lack of sufficient evidence only to be re-detained hours later due to a prosecutor’s objections. This time Uluçay was formally arrested and faced graver charges. He stood accused of “membership in a terrorist organization,” a reference purportedly to the PKK and the Gulen movement, the religious and social movement the Turkish government accuses of orchestrating the failed coup in July 2016. Little is known about the prosecution’s evidence against Uluçay. According to Turkish press, authorities seized 21 U.S. dollar bills from Uluçay’s home. As seen in the case of imprisoned U.S. citizen and NASA scientist Serkan Golge, Turkish prosecutors regularly cite one dollar bills as “evidence” of a defendant’s involvement with the Gulen movement. The government claims that the founder of the movement and alleged coup mastermind, Pennsylvania-based Turkish cleric Fethullah Gulen, gave blessed dollar bills to his followers, particularly those with serial numbers beginning with “F” for “Fethullah.” Uluçay’s experience is another sobering reminder of the state of the rule of law in Turkey, where a single dollar bill can stand as “evidence” of terrorist activity. Authorities also seized on Uluçay’s possession of books about Kurdish politics and terrorism: typical possessions for a political specialist whose job is to help American diplomats understand conditions in southeast Turkey. U.S. embassies and consulates around the world hire local staff like Uluçay to facilitate engagement with local contacts and to advise on political and cultural dynamics in the host country. Since U.S. diplomats rotate among overseas posts every few years, locally employed staff (or LES, as they are known) often serve as important focal points of continuity and institutional memory in the work of a diplomatic mission. In Uluçay’s case, he offered successive rotations of American diplomats in Adana decades’ worth of established relationships and experience working with local groups and individuals. As LES directly support U.S. diplomatic representation in a country, it is rare for host nation authorities to openly interfere with their work, least of all in countries with friendly relations with the United States. For this reason—and in the absence of credible evidence to support the serious allegations against him—the detention of Uluçay last February represented a significant diplomatic incident. The affront was compounded seven months later when Turkish authorities detained another longtime Turkish employee of a U.S. consulate, this time in Istanbul. Metin Topuz was taken into custody on September 25 and shortly thereafter charged with “membership in a terrorist organization,” “gathering state secrets for espionage,” and “attempting to overthrow [the Government, Turkish National Assembly, and the Constitutional Order].” Topuz had spent more than 20 years working for the U.S. consulate where he helped officers of the United States Drug Enforcement Administration liaise with Turkish counterparts. According to Turkish press reports, his official communications had brought him into contact with suspected Gulen-affiliated officers in the Turkish security services. Topuz, therefore, was accused of belonging to the so-called “Fethullah Terrorist Organization,” or “FETO.” U.S. officials tried in vain to obtain a credible justification from Turkish authorities for Topuz’s arrest only to see them target a second employee of the Istanbul Consulate General for arrest, Mete Canturk. In response to these developments, on October 8 the United States announced the indefinite suspension of non-immigrant visa services in Turkey. Then-U.S. Ambassador to Turkey John Bass announced the decision in a videotaped statement, commenting, “Despite our best efforts to learn the reasons for [Topuz’s] arrest, we have been unable to determine why it occurred or what, if any, evidence exists against the employee.” “This arrest,” he continued, “has raised questions about whether the goal of some officials is to disrupt the long-standing cooperation between Turkey and the United States.” The State Department resumed limited visa services in Turkey on November 6 and restored full services on December 28 after receiving assurances from Turkish authorities that no additional local employees were under investigation, that local staff will not be detained for performing their official duties, and that Turkish officials would provide the United States advanced warning of any future arrest. Nevertheless, both Uluçay and Topuz remain in custody to this day. In addition, on January 31, 2018 authorities placed Canturk, the other LES who was sought by authorities in October, under house arrest allegedly for links to the Gulen movement. Although formal charges have yet to be filed, he has been unable to return to work. The U.S. Helsinki Commission convened a hearing on November 15 to examine the deterioration of Turkey’s rule of law and the ongoing detention of Uluçay, Topuz, and several U.S. citizens on coup-related charges. In his testimony before the Commission, State Department Deputy Assistant Secretary for Turkey Jonathan R. Cohen stated, “It appears to us that Mr. Uluçay and Mr. Topuz were arrested for maintaining legitimate contacts with Turkish government and local officials and others in the context of their official duties on behalf of the U.S. government.” Helsinki Commissioners have raised their cases on several occasions and will continue to do so until they are released. In May, the Helsinki Commission’s bicameral, bipartisan leadership led a letter with the bipartisan House co-chairs of the Lantos Human Rights Commission urging President Trump to raise Uluçay’s case directly with President Erdogan during the latter’s official visit to Washington that month. Later in the year, ten Commissioners wrote to Turkish President Erdogan calling on him to help swiftly resolve Uluçay and Topuz’s cases, among others. While chairing the Commission’s November hearing, Senate Commissioner Thom Tillis said, “The harassment and detention of our consulate staff has…overstepped the bounds of diplomatic conduct among partners.” Sen. Tillis clearly expressed that the United States should “not accept anything short of true and timely justice for our detained consulate staff and our citizens behind bars.” One year since his detention, justice for Hamza Uluçay—like others—remains a distant prospect.
Nemtsov Murder Investigation Under Scrutiny at Upcoming Helsinki Commission HearingWednesday, February 21, 2018
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: BORIS NEMTSOV, 1959-2015: SEEKING JUSTICE, SECURING HIS LEGACY Wednesday, February 28, 2018 3:30 p.m. Dirksen Senate Office Building Room 138 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce022818 Three years after Russian opposition leader Boris Nemtsov was gunned down on a bridge in front of the Kremlin, and one day after the unveiling of Boris Nemtsov Plaza in front of the Russian Embassy in Washington, D.C., the Helsinki Commission will examine the outcome of the official investigation and trial into his assassination. An officer of the Russian Interior Ministry with links to Chechen leader Ramzan Kadyrov was convicted of pulling the trigger; four others were sentenced as perpetrators. Gen. Alexander Bastrykin, the head of Russia’s Investigative Committee has declared the case “solved.” Yet, three years on, the organizers and masterminds of the Nemtsov assassination remain unidentified and at large. The United States has sanctioned both Kadyrov and Bastrykin for gross human rights violations under the Magnitsky Act. The Parliamentary Assembly of the Council of Europe has appointed a Special Rapporteur to assess the status of the case and report on its shortcomings. At this hearing, the Commission will consider whether similar oversight is needed within the framework of the Organization for Security and Cooperation in Europe. This hearing will also examine the particular importance of Boris Nemtsov’s legacy of public and competitive politics as Russia looks to Vladimir Putin’s fourth official term in office. Witnesses scheduled to testify include: Zhanna Nemtsova, Daughter of Boris Nemtsov Vadim Prokhorov, Lawyer for the Nemtsov family Vladimir Kara-Murza, Chairman, Boris Nemtsov Foundation for Freedom
Foreign Meddling in the Western BalkansTuesday, January 30, 2018
Malign outside influence in the Western Balkans, in particular by Russia, is of increasing concern. The lack of a strong legal framework makes countries in the region especially vulnerable to foreign capital that can be used to sow instability, undermine integration, and delay democratic development. In the past decade, Russia has exponentially increased its economic investment in Balkan countries. Without adequate governance and transparency, so-called “corrosive capital” will wield its financial power to distort policy making, lessen the European focus of the countries concerned, and potentially cause instability in the region. The Center for International Private Enterprise (CIPE) has worked with local private and civil society partners to analyze the economic governance gaps that allow “corrosive capital” to gain a foothold in Bosnia and Herzegovina, Macedonia, Montenegro, and Serbia. According to panelists, Russia’s economic footprint is most obvious in key strategic sectors, including real estate, banking, energy, and mining. Russian foreign direct investment stock is close to 30 percent of Montenegro’s GDP and it exerts both direct and indirect control of approximately 10 percent of the economy of Serbia. The dependency of Balkan countries on Russian imports and financial loans is also a prevalent form of indirect power. As a result, when Montenegro joined NATO in 2017, the Russian Foreign Minister announced that Montenegro had sacrificed its economic relations with Russia. Russia further sanctioned Montenegro by discouraging travel to the country by Russian tourists, characterizing it as a dangerous place. Although the anti-NATO campaign has not succeeded, it did indicate Russian intentions as well as local vulnerability to outside influence. The economic presence of outside actors other than Russia was also discussed. In general, the panelists emphasized the need to diversify foreign direct investment and reduce reliance on capital from non-democratic countries. Transparency in foreign investment and a depoliticization of corporate governance is also necessary. A free, independent and diverse media also will help ensure greater accountability in both the political and economic sectors. Helsinki Commission activity regarding the Western Balkans reflects ongoing concern for the countries of the region. With several Balkan states on the cusp of NATO and EU membership, it is particularly important for these countries to strive for greater democratic development and economic prosperity. The United States has played a significant role in the region, providing political, economic and military support. If not seen through to completion of NATO or EU membership as desired, these states face the continued risk of backsliding.
Helsinki Commission Briefing to Assess Foreign Economic Influence in the Western BalkansFriday, January 19, 2018
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: FOREIGN MEDDLING IN THE WESTERN BALKANS: GUARDING AGAINST ECONOMIC VULNERABILITIES Tuesday, January 30, 2018 10:00 AM Russell Senate Office Building Room 385 Live Webcast: www.facebook.com/HelsinkiCommission Malign outside influence in the Western Balkans, in particular by Russia, is of increasing concern. The lack of a strong legal framework makes countries in the region especially vulnerable to foreign capital that can be used to sow instability, undermine integration, and delay democratic development. The Center for International Private Enterprise (CIPE) has worked with local private and civil society partners to analyze the economic governance gaps that allow so-called “corrosive capital” to gain a foothold in Bosnia and Herzegovina, Macedonia, Montenegro, and Serbia. These partners will discuss the effect of specific gaps, as well as the need for further market-oriented reforms. Participants will also explore how the United States and Europe can help boost economic resiliency, encourage good governance, and protect democracy in the Western Balkans. Panelists scheduled to participate include: Ruslan Stefanov, Director, Bulgarian Center for Study of Democracy Milica Kovačević, President, Montenegrin Center for Democratic Transition Nemanja Todorović Štiplija, Founder and Editor in Chief, “European Western Balkans” media outlet Dimitar Bechev, Research Fellow, Center for Slavic, Eurasian, and East European Studies, University of North Carolina – Chapel Hill Andrew Wilson, Managing Director, Center for International Private Enterprise
Prisoners of the PurgeWednesday, November 15, 2017
In July 2016, the Turkish people helped defeat a coup attempt that sought to overthrow their country’s constitutional order. In pursuing those responsible for the putsch, however, Turkish authorities created a dragnet that ensnared tens of thousands of people. The state of emergency declared by President Erdogan in the immediate aftermath of the coup attempt remains in effect today and gives the government vast powers to detain or dismiss from employment almost anyone, with only minimal evidence. Caught up in the sweeping purge are several American citizens, including Pastor Andrew Brunson, NASA scientist Serkan Gölge. Brunson worked and raised his family in Turkey for more than 23 years. Despite the efforts of the President of the United States, among many others, he has spent more than a year in jail without trial on national security charges. In addition, Gölge and two Turkish employees of U.S. consulates stand charged with terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks. The U.S. Helsinki Commission hearing examined the factors contributing to the detention of American citizens, particularly Mr. Brunson, and U.S. consulate employees in Turkey, as well as the judicial processes to which they have been subject. Sen. Thom Tillis presided over the hearing, voicing his concerns about the treatment of American detainees in Turkey and the country’s deteriorating democratic institutions, particularly the judiciary. During the hearing, the Commission heard testimony from Deputy Assistant Secretary of State for European and Eurasian Affairs Jonathan Cohen, Executive Senior Counsel for the American Center for Law and Justice (ACLJ) CeCe Heil, Pastor Brunson’s daughter Jacqueline Furnari, and Director of Freedom House’s Nations in Transit Project Nate Schenkkan. All witnesses spoke to their concerns about the worsening political climate in Turkey and the safety of its political prisoners, including Mr. Brunson and Mr. Gölge. They also discussed the impact of these arrests on U.S.-Turkey relations and policy recommendations that could help secure their release and promote Turkey’s respect for its rule of law and other commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE). Mr. Cohen called on the Turkish government to end the protracted state of emergency, cease sweeping roundups, and expedite due process for all the detained. He encouraged Congress to continue engagement through in-person and written correspondence with Turkish officials to communicate concerns about specific detention cases and the broader rule of law. Mr. Schenkkan detailed the scale of Turkey’s wide-scale purges, which he described as targeting independent voices and ordinary citizens from nearly every sector and as far exceeding any reasonable scope corresponding to the failed coup attempt. He recommended that the United States explore the application of individual sanctions against Turkish officials responsible for the prolonged and unjust detention of American citizens and U.S. consulate employees. Mrs. Heil and Mrs. Furnari testified about the physical, psychological, and personal toll of Pastor Brunson’s prolonged detention. They noted that Pastor Brunson has lost 50 pounds while in detention and suffered psychologically and emotionally from his isolation and separation from his family.
Turkey’s Detention of U.S. Citizens to Be Scrutinized at Helsinki Commission HearingThursday, November 09, 2017
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: PRISONERS OF THE PURGE: THE VICTIMS OF TURKEY’S FAILING RULE OF LAW November 15, 2017 9:30AM Dirksen Senate Office Building Room 124 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce111517 In July 2016, the Turkish people helped defeat a coup attempt that sought to overthrow their country’s constitutional order. In pursuing those responsible for the putsch, however, Turkish authorities created a dragnet that ensnared tens of thousands of people. The state of emergency declared by President Erdogan in the immediate aftermath of the coup attempt remains in effect today and gives the government vast powers to detain or dismiss from employment almost anyone, with only minimal evidence. Caught up in the sweeping purge are several American citizens, including pastor Andrew Brunson, who worked and raised his family in Turkey for more than 23 years. Despite the efforts of the President of the United States, among many others, he has spent more than a year in jail without trial on national security charges. Additionally, a Turkish-American NASA scientist and two Turkish employees of U.S. consulates stand charged with terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks. The U.S. Helsinki Commission hearing will examine the factors contributing to the detention of American citizens, particularly Mr. Brunson, and U.S. consulate employees in Turkey, as well as the judicial processes to which they have been subject. One of Mr. Brunson’s family members and his U.S. attorney will testify about his ongoing detention. Witnesses will also discuss the impact of these arrests on U.S.-Turkey relations and policy recommendations that could help secure their release and promote Turkey’s respect for its rule of law and other commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE). Panel One: Jonathan R. Cohen, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs, U.S. Department of State Panel Two: CeCe Heil, Executive Counsel, American Center for Law and Justice (ACLJ) Jacqueline Furnari, Daughter of Andrew Brunson Nate Schenkkan, Director of the Nations in Transit Project, Freedom House
Religious Freedom Violations in OSCE Region Topic of Upcoming Helsinki Commission BriefingThursday, November 09, 2017
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: RELIGIOUS FREEDOM VIOLATIONS IN THE OSCE REGION: VICTIMS AND PERPETRATORS Wednesday, November 15, 2017 2:00PM Russell Senate Office Building Room 385 Live Webcast: www.facebook.com/HelsinkiCommission All 57 participating States of the Organization for Security and Cooperation in Europe have committed to recognize and respect religious freedom as a fundamental freedom. However, some OSCE countries are among the worst perpetrators of religious freedom violations in the world. Tajikistan, Turkmenistan, and Uzbekistan are currently designated by the U.S. State Department as “Countries of Particular Concern,” a designation required by U.S. law for governments that have “engaged in or tolerated particularly severe violations of religious freedom.” The U.S. Commission on International Religious Freedom has recommended that Russia also be designated as a CPC and includes Azerbaijan, Kazakhstan, and Turkey in its list of “Tier 2” countries that “require close monitoring due to the nature and extent of violations of religious freedom engaged in or tolerated by governments.” This briefing will happen just two days after CPC designations are due on November 13 (U.S. law requires the State Department to issue new CPC designations no later than 90 days after releasing its annual International Religious Freedom report). Panelists – including a representative from a frequently targeted religious group – will discuss religious freedom victims, violators, and violations in the OSCE region. The conversation will include recommendations for what governments and the OSCE institutionally should do to prevent and respond to violations. The intersection between security, a chronic justification for violations, and religious freedom will be featured. The following panelists will offer brief remarks, followed by questions: Ambassador Michael Kozak, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State Dr. Daniel Mark, Chairman, U.S. Commission on International Religious Freedom Dr. Kathleen Collins, Associate Professor of Political Science, University of Minnesota, and Scholar, Under Caesar’s Sword (a global three-year research project investigating how Christian communities respond when their religious freedom is severely violated) Philip Brumley, General Counsel, Jehovah’s Witnesses
Helsinki Commission Urges Turkish President to Lift State of EmergencyTuesday, October 17, 2017
WASHINGTON—In a letter to Turkish President Recep Tayyip Erdoğan yesterday, the four senior members of the Helsinki Commission – Chairman Sen. Roger Wicker (MS), Co-Chairman Rep. Chris Smith (NJ-04), Ranking Commissioner Sen. Ben Cardin (MD), and Ranking Commissioner Rep. Alcee Hastings (FL-20) – urged him to lift the state of emergency that has been in place in Turkey since July 2016 and immediately restore Turkey’s commitment to international standards of due process and judicial independence. The bipartisan letter, which came just hours after President Erdoğan announced a fifth three-month extension of the country’s state of emergency, was also signed by Helsinki Commissioners Sen. Marco Rubio (FL), Sen. Thom Tillis (NC), Rep. Roger Aderholt (AL-04), Rep. Randy Hultgren (IL-14), Rep. Gwen Moore (WI-04), and Rep. Sheila Jackson Lee (TX-18). It reads in part: “We are concerned about your government’s continued actions to undermine human rights and democratic principles in Turkey. The prolonged state of emergency is gravely undermining Turkey’s democratic institutions and the durability of our countries’ longstanding strategic partnership, including more than half a century as NATO allies. Last year, the Turkish people defeated a violent and illegal challenge to their democratic institutions; today, the 15-month-old state of emergency poses a different threat to these same institutions, particularly the judiciary. By facilitating sweeping purges with no evidentiary standards, the state of emergency has upended countless innocent lives and undercuts domestic and international confidence in Turkey’s rule of law… “As a member of the Council of Europe and participating State of the Organization for Security and Cooperation in Europe (OSCE), your country officially recognizes the rule of law as a cornerstone of democratic governance. Restoring respect for fair judicial treatment would remove a persistent distraction in our bilateral relationship and help to rebuild a principles-based partnership rooted in shared commitments to collective security, democracy, human rights, and the rule of law.” The letter highlighted the cases of American citizens Andrew Brunson, a pastor, and Serkan Gölge, a NASA scientist, both of whom were arrested in Turkey following the coup attempt. As of mid-2017, at least seven additional American citizens were jailed in Turkey. The letter also noted the cases of two detained Turkish employees of the U.S. consulates in Turkey as well as a group of Turkish and international activists—known as the Istanbul 10—who were arrested this summer while holding a routine human rights defenders workshop in Istanbul. The full text of the letter can be found below: Dear President Erdoğan, We are concerned about your government’s continued actions to undermine human rights and democratic principles in Turkey. The prolonged state of emergency is gravely undermining Turkey’s democratic institutions and the durability of our countries’ longstanding strategic partnership, including more than half a century as NATO allies. Last year, the Turkish people defeated a violent and illegal challenge to their democratic institutions; today, the 15-month-old state of emergency poses a different threat to these same institutions, particularly the judiciary. By facilitating sweeping purges with no evidentiary standards, the state of emergency has upended countless innocent lives and undercuts domestic and international confidence in Turkey’s rule of law. In February, many of us joined over 70 of our colleagues from the U.S. Senate and House of Representatives to appeal to you for the immediate release of American pastor Andrew Brunson, who has been held without trial for a year on baseless terrorism charges. We continue to be dismayed by your government’s unwillingness to heed our calls for his release and the recent imposition of four additional charges on Mr. Brunson for allegedly conspiring to overthrow your government. These allegations are preposterous. We urge you to recognize them as such, drop all charges against Mr. Brunson, and release him. Since the failed coup attempt, Turkish authorities have arrested a number of American dual citizens and two long-time Turkish employees at U.S. consulates on terrorism charges. Some of these individuals—including American citizen and NASA scientist Serkan Gölge—have been in jail for more than a year despite the prosecution’s ability to present only circumstantial evidence against them. Our citizens have also been denied the courtesy of U.S. consular assistance that would help them and their families cope with these difficult and confusing circumstances. It is clear that terrorism charges under the state of emergency are also being manipulated to suppress the activism of a group of human rights defenders arrested in early July. Authorities seized a group of ten Turkish and international activists holding a routine human rights defenders workshop in Istanbul. The group of activists, which has come to be known as the Istanbul 10 and includes Amnesty International’s Turkey Director, Ms. İdil Eser, is charged with “committing crime in the name of a terrorist organization without being a member.” A month earlier, Amnesty International’s Turkey Board Chair, Mr. Taner Kılıç, was arrested on charges of being a member of an alleged terrorist organization. Ms. Eser, Mr. Kılıç, and many of their colleagues remain in pre-trial detention. We urge you to ensure the timely, transparent, and fair adjudication of the aforementioned cases, lift the state of emergency and immediately restore Turkey’s commitment to international standards of due process and judicial independence. As a member of the Council of Europe and participating State of the Organization for Security and Cooperation in Europe (OSCE), your country officially recognizes the rule of law as a cornerstone of democratic governance. Restoring respect for fair judicial treatment would remove a persistent distraction in our bilateral relationship and help to rebuild a principles-based partnership rooted in shared commitments to collective security, democracy, human rights, and the rule of law. Thank you for your attention to this important matter. Sincerely,
Systematic Attacks on Journalists in Russia and Other Post-Soviet StatesWednesday, October 04, 2017
Representative Steve Chabot, Co-Chair of the House Freedom of the Press Caucus, opened the briefing with a statement highlighting the importance of a free and independent press in Russia and Eastern Europe, saying that it was more important now than ever to counter an increasingly bold Vladimir Putin and the spread of Kremlin-backed media. The Congressman affirmed support for the Broadcasting Board of Governors and how their work helps foster a greater independent press in the region. Jordan Warlick, U.S. Helsinki Commission staffer responsible for freedom of the media, introduced the panelists: Thomas Kent, President of Radio Free Europe/Radio Liberty (RFE/RL); Amanda Bennett, Director of Voice of America (VOA); Nina Ognianova, Coordinator for Europe and Central Asia at the Committee to Protect Journalists; and Karina Orlova, Washington correspondent for Echo of Moscow. Thomas Kent summarized the work and reach of RFE/RL in Russia and the former Soviet Union. He outlined the pressures that RFE/RL journalists face in the region covering the issues that matter to local people. Kent described the plight of several RFE/RL journalists who have been either attacked or detained due to their work, including Mykola Semena in Russian-occupied Crimea and Mykhailo Tkach in Ukraine. He added that reporting on corruption is often the most likely cause for attacks on journalists and that social media has expanded the reach of journalists work in the region. Amanda Bennett discussed the work of Voice of America in the region and its efforts to expand freedom of speech in the region. She outlined the vast audience of VOA broadcasting and emphasized that the Russian government has directly attacked VOA reporters. Bennett stated that VOA’s mission in Russia and the former Soviet Union, as with other regions around the world, was not only to provide high quality content to the audience and journalists alike, but also help foster an independent media, free from harassment. Representative Adam Schiff, Co-Chair of the House Freedom of the Press Caucus, gave remarks about the importance of an independent media in the former Soviet Union. He noted that journalists are often the first to suffer a backlash from authorities, as they investigate and report on issues that regimes do not want to draw attention to. Representative Schiff told the panel that he, along with then-Congressman Mike Pence, reestablished the House Freedom of the Press Caucus not long before the murder of Russian journalist Anna Politkovskaya in 2006. He thanked the panelists for the work to not only highlight attacks and harassment against journalists in the region, but also their efforts to protect and assist them and to further press freedom. Nina Ognianova highlighted numerous cases that the Committee to Protect Journalists had worked on in recent months with specific discussion of the situations in Russia, Ukraine, Azerbaijan, and Kyrgyzstan. Ognianova detailed the case of the harassment and temporary flight of Russian reporter Elena Milashina following her work on the torture and murder of gay men in Chechnya. Also listed were the cases of Belarus-born journalist Pavel Sheremet, who was killed in a car bombing in Kyiv in July 2016, the abduction and detention of Azerbaijani journalist Afgan Mukhtarli for his investigation of President Ilham Aliyev’s assets in Georgia, and the concerning claims of slander against journalists by the Kyrgyz President Almazbek Atambayev. Providing the audience with a firsthand perspective, Karina Orlova described her decision to flee Russia due to her work as a journalist. Karina spoke of how her Radio Echo of Moscow talk show garnered unfavorable attention from Chechens, following discussion of the Charlie Hebdo attacks on 7 January, 2015, and the magazine’s depiction of the prophet Muhammad. Ramzan Kadyrov directly threatened her station and her editor, Alexey Venediktov, right after the show. She detailed threatening phone calls from self-described Chechens her that labeled her as an enemy of the state. Karina raised other incidents of violence and intimidation against journalists, such as the attack on Oleg Kashin, which was directly ordered by the Governor of Pskov, and a lack of action to bring the perpetrators to justice. She also spoke of censorship by the Russian authorities, particularly towards any journalists that refer to the annexation of Crimea. Karina emphasized that sanctions against the Russian state and elite are working, despite claims to the contrary. Although some journalists are unfortunately forced to self-censor due to safety concerns, Karina refuses to do so herself.
And when we leave our house, where all is so familiar –
The flower vase and the worn out carpet –
The shadow of our quiet hope will stay at home,
Reflected in the eyes of those who remember us.
And life will continue, as our life was once lived,
And, of course, other songs will be sung,
But human hearts, like soldiers of hope
Will again and again both suffer and dream.
On September 15, the NGO campaign “Prove They Are Alive!” published a book of poems written by Turkmenistan’s former Foreign Minister and former Ambassador to the OSCE Batyr Berdiev, one of more than a hundred people who have disappeared in Turkmenistan’s prisons.
The poems appear to have been written between December 2002 and March 2003 and were smuggled out of prison, most likely in 2003. Most are dedicated to Berdiev’s wife and son; they speak of his love for them, of freedom, and of their life while he was serving as Ambassador to the OSCE in Vienna. The book was unveiled at a side event at the 2017 OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland, with the participation of Helsinki Commission staff.
Berdiev was arrested in December 2002 in connection with an alleged coup attempt against then-President Niyazov in November 2002. His “confession” was broadcast on Turkmen television later that month, and he was convicted in January 2003 in a closed trial and sentenced to 25 years imprisonment.
There are credible reports that he was tortured following his arrest. His relatives have had no information about his fate or whereabouts since, although there have been several conflicting reports of his death in Turkmenistan’s notoriously inhumane high-security Ovadan Depe prison. The Helsinki Commission has continued to raise his case – along with others who have disappeared in Turkmenistan’s prisons – over the fifteen years since Berdiev’s arrest, in meetings with Turkmen officials, letters, and public briefings.
The “Prove They Are Alive” campaign has also published an updated list of persons who have disappeared in Turkmenistan’s prisons, which has now grown to 112. Some of the new additions include persons who were arrested only this year. Following the arrests of Berdiev and hundreds of others in the wake of the alleged 2002 coup attempt, the United States and nine other countries invoked the OSCE Moscow Mechanism, which triggered an international investigation and report on the situation and treatment of those accused of being involved. Every year at the OSCE Human Dimension Implementation Meeting, the United States makes a special statement urging the government of Turkmenistan to provide information on and access to those who have disappeared in the country’s prison.
Read the book of poems by Batyr Berdiev.
To Bakharochka and Rakhmasha
My Beloved and Dear Ones
It happened like this; this is how it was written in the stars –
Along the winter road, through the haze of dawn,
Tearing me away from you, life chases me to this:
A prison transfer into the unknown, delirious from cholera.
And a cry of anguish froze on my lips,
And my heart broke into a painful gallop.
If you can, forgive me for leaving you alone
In this world of enslaved backs and minds,
Forgive me that this was how things were, and that fate broke
Our life in half, to the noise of court fools howling,
But the heavenly judge has still not had his say
And no one knows which way our compass points.
And yet, I believe, one day through tears of prayer
Heaven will smile on us again, through our son’s eyes,
And hope will reveal us its secrets
And different voices will speak out.
One has to continue living, one has to endure
The pain of separation, the prison host,
And then I will return home,
Never to leave you again.
And when I return, we will summon our friends –
Those who didn’t betray us, or disappear, or perish –
And over a lavishly spread table we three will embrace
And remember this journey, remember these words…
Poems translated from Russian by Catherine Fitzpatrick, James Womack, and the “Prove They Are Alive!” campaign team.
Photograph and poems courtesy of the “Prove They Are Alive!” Campaign.