Helsinki Commission Calls for Proclamation Recognizing Importance of Helsinki Final ActWednesday, April 26, 2017
WASHINGTON—Helsinki Commission Chairman Senator Roger Wicker (MS) today introduced a bipartisan Senate resolution urging President Trump to recognize the importance of the Helsinki Final Act – the founding document of today’s Organization for Security and Cooperation in Europe (OSCE) – and its relevance to American national security. The resolution was cosponsored by all other Senators currently serving on the Helsinki Commission: Sen. Ben Cardin (MD), Sen. John Boozman (AR), Sen. Cory Gardner (CO), Sen. Marco Rubio (FL), Sen. Jeanne Shaheen (NH), Sen. Thom Tillis (NC), Sen. Tom Udall (NM), and Sen. Sheldon Whitehouse (RI). “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. Unfortunately, the commitment to these ideals by some OSCE participating States is eroding,” Chairman Wicker said. “The shrinking space for civil society in many nations has become reminiscent of the Communist era – a time when many Helsinki Monitoring Groups were violently persecuted for their courageous support of basic human rights,” he continued. “With its actions in Ukraine and Georgia, the Russian Federation in particular has demonstrated how closely such internal repression can be tied to external aggression. We were reminded of these abuses in this morning’s Helsinki Commission hearing. I urge the President to make it clear that Helsinki principles are vital not only to American national interests but also to the security of the OSCE region as a whole.” “What was remarkable about the Helsinki Final Act was the commitment that these standards we agreed to would not only be of internal interest to the member country, but that any country signatory to the Helsinki Final Act could challenge the actions of any other country,” said Ranking Commissioner Cardin, who is also Ranking Member of the Senate Foreign Relations Committee. “We have not only the right but the responsibility to call out countries that fail to adhere to the basic principles that were agreed to in 1975.” Defining security in a uniquely comprehensive manner, the Helsinki Final Act contains 10 principles guiding inter-state relations, among them respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion, or belief (Principle VII). Other principles include respect for sovereign equality (Principle I), the territorial integrity of states (Principle IV), and states’ fulfilment in good faith of their obligations under international law (Principle X). S.Con.Res.13 encourages President Trump to reaffirm America’s commitment to the principles and implementation of the Helsinki Final Act. The resolution also calls on the President to urge other participating States to respect their OSCE commitments and to condemn the Russian Federation's clear, gross, and uncorrected violations of all 10 core OSCE principles enshrined in the Helsinki Final Act.
Democracy & Human Rights Abuses in Russia: No End in SightWednesday, April 26, 2017
The U.S Helsinki Commission held a hearing on Wednesday on “Democracy and Human Rights Abuses in Russia: No End in Sight.” It was the first hearing in the 115th Congress focused on internal human rights repression in Russia. Vladimir Kara-Murza, vice-chairman of pro-reform movement Open Russia; Rachel Denber, Deputy Director of the Europe and Central Asia Division at Human Rights Watch; and Dr. Daniel Calingaert, Executive Vice President of Freedom House, testified about the crisis of Russian democracy and the country’s worsening human rights record under President Vladimir Putin. In his opening statement, Mr. Kara-Murza underscored the necessity for the OSCE participating States to give an honest assessment about what is happening in Russia, where the number of political prisoners now exceeds a hundred people (a number that has doubled in less than a year). Mr. Kara-Murza, a vocal critic of the Kremlin who has survived two poisoning attempts, estimated that more than 30 activists have been murdered by the Putin regime since Vladimir Putin assumed power in 2000. He also called for an end to impunity for human rights violations in Russia. “The U.S. does have a mechanism for such accountability in the Magnitsky Act that provides for targeted sanctions on human rights abusers. This law should continue to be implemented to its full extent,” Mr. Kara-Murza said. His concerns were echoed by Human Rights Watch’s Rachel Denber, who noted that today, “Russia is more repressive that it has ever been in the post-Soviet era.” At Chairman Wicker’s request, Ms. Denber provided detailed information about each of the Russian political prisoners who were featured on posters in the room, and also spoke at length about the repression of gay men in Chechnya. Dr. Daniel Calingaert of Freedom House highlighted the fact that Mr. Putin was the primary author of the modern authoritarian’s playbook, which has subsequently been replicated by many autocratic rulers in the region. “His methods for suppressing civil society and political opposition have inspired other dictators, and his media manipulation has impacted most of Eurasia directly and extended to Europe and the United States,” Dr. Calingaert said. However, despite the grim situation, Mr. Kara-Murza voiced some optimism about the future. “Increasingly, the young generation in Russia – the very generation that grew up under Vladimir Putin – is demanding respect and accountability from those in power,” he said. Mr. Kara-Murza pointed to a wave of anti-corruption demonstrations that took place in dozens of cities across Russia in late March, with tens of thousands of people, mostly young protesters, taking out to the streets to demand the resignation of Prime Minister Dimitriy Medvedev. “This movement will continue. And these growing demands for accountability are the best guarantee that Russia will one day become a country where citizens can exercise the rights and freedoms to which they are entitled,” he added.
Helsinki Commission Leaders Mark International Human Rights DayFriday, December 09, 2016
WASHINGTON—To mark International Human Rights Day on December 10, Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, and Sen. Roger Wicker (MS), Co-Chairman of the Commission, issued the following statements: “2016 has been a challenging year for the OSCE region – some governments have backslid on human rights, and humanitarian crises on the OSCE’s periphery in Syria, Iraq, and elsewhere have driven waves of refugees into the OSCE region,” Chairman Smith said. “And despite our best efforts, child sex tourism is soaring while protection lags. We each have an essential role to play in fighting for the human rights of those who are persecuted, whether they are political prisoners in Azerbaijan, refugees fleeing genocide in Syria, journalists in Turkey, or victims of human trafficking in our own country. We must all become human rights defenders.” “We live in a world with significant security challenges, from cyber threats to terrorism to acts of aggression by one of our own OSCE participating States,” said Co-Chairman Wicker. “However, as we work to maintain regional stability, we remember that security cannot exist independently from securing fundamental human rights. Today, we recommit ourselves to democracy, the rule of the law, and the rights of all people to determine their future free from tyranny and oppression.” “The Helsinki Final Act is clear: human rights issues in one OSCE country are of direct and legitimate concern to all participating States,” Chairman Smith concluded. “I call on the 57 nations of the OSCE to defend the rights and dignity of the most vulnerable, and to provide humanitarian assistance to victims of genocide and war in the Middle East.”
Turkey: Human Rights in RetreatFriday, December 09, 2016
Five months after the failed coup attempt of July 15th, 2016, serious questions have emerged with regard to the future of democracy and the rule of law in Turkey. The Turkish government maintains sweeping state of emergency decrees, which have shuttered educational institutions, civic associations, and media organizations. Tens of thousands of people have been arrested, suspended, or fired for colluding with coup plotters, a determination often made with little to no credible documentation. In the wake of this ongoing crackdown, the Helsinki Commission convened a briefing to examine Turkey’s deteriorating human rights conditions and the future of U.S.-Turkey relations. Helsinki Commission staff member Everett Price opened the briefing by recalling the Commission’s original mandate, its fundamental mission to shed light on human rights violations, and the importance of candor in fostering friendly international relations. Dr. Y. Alp Aslandogan, Executive Director of the Alliance for Shared Values, provided a detailed description of the government’s post-coup persecution of the Hizmet movement, minority groups such as the Kurds and Alevis, journalists, and teachers. Dr. Karin Karlekar, Director of the Free Expression Advocacy Team at PEN America, shed light on the Turkish government’s intensified suppression of press freedom and free expression in the wake of the failed coup attempt. Finally, Dr. Nicholas Danforth, Senior Policy Analyst at the Bipartisan Policy Center, assessed the risks posed by the Turkish government’s disregard for the rule of law and their potential implications for U.S.-Turkey relations. In the subsequent exchange of views moderated by Everett Price, the panelists reflected on the international community’s role in promoting human rights, threats to academic freedom, and the potential for a renewed democratic trajectory in Turkey.
Helsinki Commission to Probe Crisis of Human Rights in TurkeyMonday, December 05, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “TURKEY: HUMAN RIGHTS IN RETREAT” Friday, December 9, 2016 2:00 PM Rayburn House Office Building Room 2255 Respect for human rights in Turkey has declined dramatically since the failed coup attempt on July 15, 2016. Though the international community agrees that the Turkish government has the right to pursue justice against those who sought to overthrow it, Ankara’s reaction to the coup attempt has swept aside international human rights standards. Five months after the coup attempt, the Turkish government maintains sweeping state of emergency decrees, shuttering educational institutions, civic associations, and media organizations and arresting, suspending, or firing tens of thousands of people alleged to have conspired with the coup plotters, oftentimes with little to no credible documentation. These measures, along with dramatic changes to the country’s judicial system and further changes planned to the country’s constitution, are transforming Turkish society and raising serious questions about the future of Turkish democracy. Panelists will review the ongoing crackdown in Turkey; discuss the broad authority the government enjoys under the state of emergency; raise areas of concern regarding human rights and rule of law; and evaluate the implications of these developments for Turkish institutions and society. The discussion will also focus on policy options for the incoming U.S. Administration and U.S. Congress to consider when shaping relations with Turkey in coming years. The following experts are scheduled to participate: Dr. Y. Alp Aslandogan, Executive Director, Alliance for Shared Values Dr. Nicholas Danforth, Senior Policy Analyst, Bipartisan Policy Center Dr. Karin Karlekar, Director, Free Expression at Risk Program, PEN America Additional panelists may be added.
Bipartisan Legislation to Bring Back Convicted Criminals Abroad Passes SubcommitteeThursday, September 22, 2016
WASHINGTON—A bill that strengthens the ability of the United States to secure extradition of wanted fugitives and bring them home to face justice, sponsored by Rep. Chris Smith (NJ-04), Chairman of the Subcommittee on Global Human Rights and International Organizations, today cleared a first and important hurdle and was adopted by the Subcommittee. The bill has 20 bipartisan co-sponsors—10 Republicans and 10 Democrats—and has now been referred to the full Committee for consideration. The Walter Patterson and Werner Foerster Justice and Extradition Act (H.R. 2189) is named after the innocent victims of two of the most infamous criminals in modern U.S. history—both of whom live openly abroad. It requires the President to provide Congress with an annual study on important aspects of U.S. extradition policy, assisting Congress as it takes action to address outstanding issues in the extradition system. Currently the President’s management of the extradition system is largely opaque to congressional oversight and hence resistant to reform—H.R. 2189 takes a big step toward changing that. “In many cases around the world, efforts to extradite convicted criminals have simply stalled, leaving surviving families without closure and our efforts to seek justice in limbo,” said Smith. “Instead of continuing to allow violent criminals to live openly abroad—apparently outside of our government’s reach—we must strengthen the Executive Branch’s ability to take action to successfully resolve extradition cases. That the murderers of Walter Patterson and Werner Foerster live openly abroad is an ongoing offense against the surviving family members of the men they murdered.” Walter Patterson was brutally killed in the course of a robbery by George Wright, who was convicted of murder, escaped prison, allegedly hijacked a commercial jetliner, and disappeared, only to be found living openly in Portugal, which has denied extradition. Werner Foerster was a New Jersey state trooper shot during a routine traffic stop by terrorist Joanne Chesimard, who was convicted of murder, escaped prison, and made her way to Cuba, where she lives as a guest of the Cuban government—along with other fugitives the Cuban government refuses to return to the U.S. Smith is one of the foremost voices in the fight to return escaped fugitives to face U.S. justice. Since the discovery of George Wright in Portugal in 2012, he has held several meetings with and written to Portuguese government officials and corresponded with the Department of Justice on their efforts to secure the return of fugitives. In 2012, he chaired a hearing entitled “Justice in the International Extradition System: The Case of George Wright and Beyond.” H.R. 2189 enjoys the support of a diverse coalition of advocacy organizations, including Concerns of Police Survivors, the National Association of Police Organizations, the National Organization for Victim Assistance, the National Sheriffs’ Association, and the American Bail Coalition.
Moldova at a CrossroadsThursday, September 22, 2016
Twenty-five years after its independence, Moldova is at a crossroads as it prepares for presidential elections scheduled for October 30. While it seeks to overcome significant internal challenges, the country is also squarely in the crosshairs of Russian destabilization efforts intended to maintain Moscow’s influence and strike at the foundation of Moldovan democracy. The experts at this briefing offered valuable insight on the significant internal and external challenges Moldova faces as it approaches presidential elections in October 2016. The speakers addressed continued threats to Moldovan territorial integrity and sovereignty; hostile Russian actions including disinformation campaigns, an economic blockade, and threatening rhetoric; and the roles of the Moldovan government and external actors, including the OSCE, in addressing Moldovan vulnerabilities. Commissioner Rep. Joe Pitts (PA-16) opened the briefing with a statement on Moldova and the Transnistrian conflict, as he has been deeply interested and engaged in Moldova throughout his career. Witnesses Ambassador William Hill and Matthew Rojansky then discussed Moldova's internal and external challenges in greater depth. As a veteran diplomat in Moldova and the region, Ambassador William Hill assigned an absence of rule of law as Moldova’s central challenge. Mr. Rojansky, a renowned scholar on this subject, offered historical perspective on Russia’s objectives in maintaining instability in neighboring countries like Moldova. Before beginning audience Q&A, the event also welcomed comments from Tatiana Solomon, Chargé d’Affaires ad interim of the Moldovan Embassy, who thanked the witnesses and the Helsinki Commission for engagement on the issues discussed. All participants encouraged U.S. support for Moldova and the region as it works towards a stable, democratic, and prosperous future.
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It’s Time for the United States to Act on AzerbaijanThursday, September 08, 2016
David J. Kramer is senior director for human rights and democracy at the McCain Institute for International Leadership and a former assistant secretary of state for democracy, human rights and labor. Richard Kauzlarich is an adjunct professor at George Mason University and former U.S. ambassador to Azerbaijan and to Bosnia and Herzegovina. Earlier this year, President Ilham Aliyev of Azerbaijan looked like he was softening his authoritarian grip on his country. In March, he released 14 political prisoners ahead of his visit to Washington for President Obama’s Nuclear Security Summit. Even the harsh anti-American rhetoric from Azerbaijani officials and regime media seemed to subside. While in Washington, Aliyev had sit-downs with Vice President Biden and Secretary of State John F. Kerry. But since the April summit, Aliyev’s regime has intensified its crackdowns on freedoms. Azerbaijan’s rapid, dangerous deterioration demands more decisive action from the United States, yet the Obama administration has remained largely silent. The government in Baku has increased its arrests and detentions of another dozen opposition figures, peaceful religious believers and civil society activists. Nearly 100 political prisoners are languishing in the country’s jails. Azerbaijani writer Akram Aylisli was detained at the national airport and prevented from leaving the country. Faig Amirli, financial director of Azadliq newspaper and assistant to the chairman of the Azerbaijan Popular Front Party, was arrested last month. Other opposition politicians arrested in August include Natiq Jafarli, executive secretary of the REAL movement, and NIDA civic movement activist Elgiz Qahraman. The situation on the ground may get even worse. On Sept. 26, Aliyev’s regime plans to force a referendum which aims to enhance his powers. The result of the referendum is already known; we can be sure that the government will ensure its approval. That means that Aliyev can extend his term from five to seven years, create new positions of vice president (to which he might name a member of his family) and lower the age for members of parliament — opening the door for his son Heydar to be elected. It would not be a surprise if elections were called early under the new constitution to ratify these authoritarian steps. Quiet diplomacy, we are told, is the only way to protect American interests in Azerbaijan. Along with its strategic location on the Caspian Sea between Russia and Iran, the country of 8 million is rich in oil and gas resources, and plays a role as a national security ally to the United States. No American interests are served if Azerbaijan’s increasing authoritarianism explodes into a political and social crisis. Moreover, Azerbaijan is following in the footsteps of Vladimir Putin’s media tactics in Russia by increasingly painting the United States as the enemy. An editorial in the state-approved media outlet, Haqqin, accused the United States of “losing” Azerbaijan, “driving it into a corner” and “neglecting a valuable partnership” with Baku. The editorial warned that Azerbaijan will be left with no option but to establish closer relations with its immediate neighbors, Iran and Russia. Aliyev’s supporters have pointed to the failed Turkey coup and have accused the United States of supporting opposition forces not only to spoil the upcoming referendum — but to plot a coup in Azerbaijan. Aside from legislation introduced by Rep. Christopher H. Smith (R-N.J.) last December and the cries of activists and human rights groups, Azerbaijan has received a free pass from the Obama administration. Rarely do either the U.S. Embassy in Baku or the State Department in Washington speak out against human rights abuses. Even the 2014 raid on U.S.-funded Radio Free Europe/Radio Liberty (RFE/RL) and the arrest of one of its journalists, Khadija Ismayilova, triggered a mild response from Washington. Ismayilova was released from prison earlier this year but has been refused permission to travel outside the country. RFE/RL is still barred from operating in Azerbaijan, as are most American nongovernmental organizations. In the past, we have called for sanctions — asset freezes and visa bans — against Azerbaijani officials involved in and responsible for gross human rights abuses, similar to the Sergei Magnitsky Rule of Law and Accountability Act for Russia. President Obama doesn’t need new legislation to take such measures; he can do so under existing presidential authorities. Beyond that, we should withhold U.S. support for International Monetary Fund and World Bank assistance should Azerbaijan request it amid its deteriorating economic situation and end Overseas Private Investment Corporation and Export-Import Bank lending to Azerbaijan. The United States should consider recalling our ambassador for extended consultations over human rights concerns as well as the rising anti-American rhetoric of Azerbaijan officials and government-sanctioned media. We also need to get the Europeans on board with similar measures. These steps should be taken unless and until all the political prisoners are released and the referendum enhancing Aliyev’s powers is voided. Letting Azerbaijan follow through on its threat to form closer ties with Moscow and Tehran without balance from the United States may be a necessary, albeit unpleasant, learning experience for the regime in Baku. The problem in Azerbaijan is not that Aliyev has too little power; it is that he exercises the power he has in the wrong ways against innocent people. America’s silence as the situation on the ground worsens risks making us accomplices to a looming human rights disaster in Azerbaijan.
President Erdogan's Assault on the Human Rights of the Turkish PeopleWednesday, July 13, 2016
Mr. SMITH of New Jersey. Mr. Speaker, I rise to remind our government that the human rights abuses committed by Turkish President Erdogan are grave and ongoing, and to distinguish between the Turkish president and the Turkish people--and to stand with the people. President Recep Tayyip Erdogan has in recent years been aggressively violating the human rights of Turkish citizens and undermining the rule of law, in order to root out dissent and consolidate his personal power. The freedom of the press and the rights of common citizens to run schools, businesses, and volunteer associations have come under direct threat. Since assuming the presidency two years ago, President Erdogan has undermined the independence of the judiciary, jeopardizing access to a fair trial and undercutting government accountability. In 2014, he worked to stack the country's High Council of Judges and Prosecutors with party loyalists, enabling his government to ease arrest procedures and curtail opportunities for appeal. This facilitated the detention of thousands of activists, journalists, and businessmen under the country's overbroad terrorism statute. The President has exploited his growing leverage over the courts: his government's reshuffling last month of 3,700 judges and prosecutors rewarded pliant members of the judiciary while punishing others who ruled against the government or heard cases involving official corruption. A law passed earlier this month dismissed most of the judges on Turkey's highest courts, leaving it up to the High Council of Judges and Prosecutors to reappoint them or pick their successors. Mr. Speaker, in addition to undermining government institutions, President Erdogan's tightening grip on Turkey is also weakening the vitality of Turkish society. Under President Erdogan's direction, state authorities are undertaking a campaign of retribution against Erdogan's critics. Since Erdogan assumed the presidency in 2014, the government has opened nearly 2,000 cases against people suspected of “insulting the president” – a crime in Turkey. Professional journalists and major news outlets in particular have incurred the wrath of the President. For reporting that is unflattering to Erdogan, whether on national security issues, the conflict with the Kurds, or official corruption, press outlets have been charged with “supporting terrorism” or have had their entire operations taken over by government-appointed trustees. In one of the most egregious examples, Turkish authorities in March raided the offices of the nation's highest-circulation newspaper, Zaman, and overnight placed it under hand-picked, pro-government management. Mr. Speaker, President Erdogan has taken to politicizing the charge of “supporting terrorism”--undermining the serious business of fighting terrorism, one of the gravest threats faced by the Turkish people. One persistent critic of Erdogan's centralization agenda and authoritarian tendencies is Fethullah Gulen, the founder of Hizmet, a moderate, Islamic civic movement dedicated to promoting education, popular piety, and civic engagement. Because of this criticism, Hizmet and its followers have suffered wave after wave of unfounded terrorism charges and forcible government seizures of businesses, universities, and schools. In May, the Turkish Cabinet approved a decision to designate Hizmet a “terrorist organization,” guaranteeing that this campaign of political retribution will continue. Gulen's followers have been placed in the crosshairs of the very arbitrary policies they criticize. Yet neither our State Department, nor the European Union, nor any other respected body outside Turkey, has ever characterized Hizmet as a terrorist group or anything like it--the Cabinet's designation is absurd. Mr. Speaker, in recent months, the Turkish people have been struck by a wave of violent attacks perpetrated by Islamist and Kurdish terrorists--most recently, a triple-suicide attack at Istanbul's international airport by Islamist extremists killed 44 innocent civilians. Our thoughts and prayers go out to all those maimed in these attacks, to all those who lost beloved family and friends. I am confident that the Turkish people--for centuries renowned for their bravery--will never be cowed by terrorists, and that they will equally resist President Erdogan's attempt to undermine their rights, laws, and freedoms. Our government should stand with the Turkish people on both fronts.
U.S. Delegation to OSCE PA Drives International Action against Human Trafficking, Discrimination, and Anti-SemitismFriday, July 08, 2016
WASHINGTON—Seven members of Congress traveled to the OSCE Parliamentary Assembly (OSCE PA) Annual Session in Tbilisi, Georgia last week to demonstrate the U.S. commitment to the principles of the Helsinki Final Act, including respect for human rights and fundamental freedoms. At the Annual Session, which brought together nearly 300 parliamentarians from 54 of the 57 OSCE participating States, the U.S. lawmakers introduced several successful resolutions and amendments targeting current challenges facing the OSCE region, ranging from human trafficking to discrimination and anti-Semitism to the abuse of Interpol mechanisms to target political opponents and activists. The delegation included Helsinki Commission Chairman Rep. Chris Smith (NJ-04), Co-Chairman Sen. Roger Wicker (MS), Commissioner Rep. Robert Aderholt (AL-04), Commissioner Rep. Randy Hultgren (IL-14), Rep. Mike Fitzpatrick (PA-08), Rep. Richard Hudson (NC-08), and Rep. David Schweikert (AZ-06). Rep. Aderholt currently serves as a vice-president of the OSCE PA, while Sen. Wicker was re-elected to a third term as chair of the OSCE PA Committee on Political Affairs and Security, also known as the First Committee, during the annual meeting. Chairman Smith led international lawmakers in battling international human trafficking and child sex tourism through a successful resolution calling on all OSCE participating States to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists. Chairman Smith, who serves as the OSCE PA Special Representative on Human Trafficking Issues, also hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies. A second U.S. resolution, authored by OSCE PA Special Representative for Anti-Semitism, Racism and Intolerance and Helsinki Commission Ranking Sen. Ben Cardin (MD), called for action against the anti-Semitic and racist violence sweeping across North America and Europe. The resolution, which passed overwhelmingly, urged members of the OSCE to develop a plan of action to implement its long-standing body of tolerance and non-discrimination agreements, called for international efforts to address racial profiling, and offered support for increased efforts by political leaders to stem the tide of hate across the region. The resolution was fielded by Commissioner Hultgren. Chairman Smith also called on participating States to more effectively prevent and combat violence against European Jewish communities through the introduction of two amendments to the resolution of the OSCE PA General Committee on Democracy, Human Rights and Humanitarian Questions (also known as the Third Committee). His first amendment called for the explicit recognition of the increase in anti-Semitic attacks in the region, while the second encouraged participating States to formally recognize and partner with Jewish community groups. Responding the abuse of Interpol systems for politically motivated harassment by Russia and other members of the OSCE, Co-Chairman Wicker authored a successful amendment to the First Committee resolution, which called on participating States to stop the inappropriate placement of Red Notices and encouraged Interpol to implement mechanisms preventing politically motivated abuse of its legitimate services. The amendment was fielded by Rep. Hudson. During the Annual Session, members of the delegation also offered strong support for important resolutions fielded by other countries, including one by Ukraine on human rights in illegally occupied Crimea and another on the 30th anniversary of the Chernobyl nuclear accident. They voted for a highly relevant resolution on combating corruption fielded by Sweden, and helped to defeat a Russian resolution attacking the Baltic States, Poland and Ukraine in the context of combating neo-Nazism. U.S. delegates indicated their support for the work of attending Azerbaijani human rights activists, and met with attending members of the Israeli Knesset. While in Tbilisi, the group also met with several high-ranking Georgian officials, including Prime Minister Giorgi Kvirikashvili; Tedo Japaridze, Chairman of the Foreign Relations Committee, Parliament of Georgia; Mikheil Janelidze, Georgian Minister of Foreign Affairs; and David Bakradze, Georgian Minister of European and Euro-Atlantic Integration.
Chairman Smith Leads International Legislators against Human Trafficking, Child Sex TourismMonday, July 04, 2016
WASHINGTON—The OSCE Parliamentary Assembly passed a resolution authored by Helsinki Commission Chairman Rep. Chris Smith (NJ-04) against international human trafficking and child sex tourism. The resolution was passed at the 2016 annual session of the OSCE Parliamentary Assembly (OSCE PA), and has an agenda-setting effect for the 57-member intergovernmental organization. Smith, who leads the U.S. Delegation to this year’s OSCE PA Annual Session, introduced a resolution calling on all OSCE participating States to work with the private sector and civil society to raise awareness of sexual exploitation of children in travel and tourism (SECTT), especially by convicted pedophiles, business travelers, and tourists. The resolution also urges all OSCE participating States to enact laws allowing them to prosecute their citizens and legal permanent residents for child sexual exploitation committed abroad, and to strengthen international law enforcement cooperation to ensure that nations know about travel by convicted pedophiles prior to their arrival. “More children than ever before are being exploited – child sex tourism is soaring while protection lags,” said Chairman Smith. “We must work together to protect children from convicted pedophiles and opportunistic predators who exploit local children with impunity during their travels abroad. Prevention and prosecution should go hand in hand.” In addition to introducing the SECTT resolution, Chairman Smith hosted a July 3 briefing on U.S. efforts to prevent SECTT through a new international reciprocal notification system – known as International Megan’s Law – that facilitates timely communications among law enforcement agencies. “Child predators thrive on secrecy – a secrecy that allows them to commit heinous crimes against the weakest and most vulnerable,” said Chairman Smith. “Recent changes in the laws of the United States and partner countries are putting child predators on the radar when they travel internationally, but much remains to be done.” Chairman Smith has served as OSCE PA Special Representative on Human Trafficking Issues since 2004. His efforts to raise the profile of the human trafficking problem in the OSCE region are reflected in the 2013 Addendum to the OSCE Plan of Action to Combat Trafficking in Human Beings, and have prompted other parliamentarians to take the lead in addressing human trafficking in their respective capitals. Chairman Smith first raised the issue of human trafficking at the 1999 St. Petersburg Annual Session, the first time it appeared on the OSCE agenda. Since then, he has introduced or cosponsored a supplementary item and/or amendments on trafficking at each annual session of the OSCE PA, including on issues such as sex tourism prevention, training of the transportation sector in victim identification and reporting, corporate responsibility for trafficking in supply chains, and special protections for vulnerable populations. In addition to authoring the 2016 International Megan’s Law to Prevent Child Exploitation and Other Sexual Crimes through Advanced Notification of Traveling Sex Offenders, he authored the landmark U.S. Trafficking Victims Protection Act of 2000 and its 2003 and 2005 reauthorizations. Chairman Smith co-chairs the United States Congressional Human Trafficking Caucus.
Chairman Smith Champions Improved Security for European Jewish Communities at Annual Meeting of OSCE ParliamentariansSunday, July 03, 2016
WASHINGTON—At the 2016 OSCE Parliamentary Assembly (OSCE PA) Annual Session, meeting in Tbilisi, Georgia this week, Helsinki Commission Chair Rep. Chris Smith (NJ-04) today called on participating States to more effectively prevent and combat violence against European Jewish communities in the face of increasing anti-Semitic violence in the region. “Violent anti-Semitic attacks are on the rise in several European countries – and there is a lot more we can do to stop it,” said Chairman Smith, who led the U.S. delegation to the event. “European police and security forces should be partnering with Jewish community security groups, and the United States government should be working with the European governments to encourage this. The terrorist threat to European Jewish communities is more deadly than ever. We must act to prevent a repeat of the horrific massacres of Paris and Copenhagen.” Chairman Smith offered two amendments to the draft resolution of the OSCE PA General Committee on Democracy, Human Rights and Humanitarian Questions (also known as the Third Committee). His first amendment called for the explicit recognition of the increase in frequency, scope, and severity of anti-Semitic attacks in the OSCE region, while the second called on participating States to formally recognize and partner with Jewish community groups to strengthen crisis prevention, preparedness, mitigation, and responses related to anti-Semitic attacks. Both amendments reflect consultations with and requests from European Jewish communities. Chairman Smith has a long record as a leader in the fight against anti-Semitism. He co-chairs the Bipartisan Task Force for Combating Anti-Semitism in the U.S. House of Representatives and authored the provisions of the U.S. Global Anti-Semitism Review Act of 2004 that created the Office to Monitor and Combat Anti-Semitism within the U.S. State Department. In 2015, he authored House Resolution 354, a blueprint for strengthening the safety and security of European Jewish communities. Following his landmark 2002 hearing on combating the escalation of anti-Semitic violence in Europe, “Escalating Anti-Semitic Violence in Europe,” he led a congressional drive to place the issue of combating anti-Semitism at the top of the OSCE agenda. As part of this effort he authored supplemental resolutions on combating anti-Semitism, which were adopted at the 2002, 2003, and 2004 Annual Sessions of the OSCE PA. In 2004 the OSCE adopted new norms for its participating States on fighting anti-Semitism. Chairman Smith is a founding member of the the Inter-Parliamentary Coalition for Combating Anti-Semitism (ICCA), where he also serves on the steering committee. In the 1990s, he chaired Congress’s first hearings on anti-Semitism and in the early 1980s, his first trips abroad as a member of Congress were to the former Soviet Union, where he fought for the release of Jewish “refuseniks.”
Helsinki Commission Leaders Welcome Savchenko Release; Urge Russia To Comply With Minsk AgreementsWednesday, May 25, 2016
WASHINGTON – Following today’s release of Ukrainian fighter pilot Nadiya Savchenko from prison in Russia, Representative Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, and Senator Roger Wicker (MS), Co-Chairman of the Commission, issued the following statement: “We welcome Nadiya’s long-overdue release, but we must not forget about other Ukrainian citizens unjustly imprisoned in Russia. We must also remember that Russia still occupies Crimea and continues its aggression in eastern Ukraine, bringing misery and suffering to millions of Ukrainians.” “Russia should honor the Minsk agreements – which it violates with impunity – if there is to be peaceful resolution to the conflict. Above all, Russia needs to get out of Ukraine.” Last September, the House passed a resolution calling for Savchenko’s release, which was strengthened by Chairman Smith’s amendment calling for the imposition of personal sanctions against individuals responsible for the imprisonment of Savchenko and other Ukrainian citizens illegally incarcerated in Russia. A resolution sponsored by Co-Chairman Wicker and Helsinki Commission Ranking Senate Commissioner Ben Cardin (MD) calling for her release passed the Senate in February 2015.
Helsinki Commission Leaders Welcome Release of Khadija IsmayilovaWednesday, May 25, 2016
WASHINGTON – Following today’s announcement that the Azerbaijani government has freed investigative journalist Khadija Ismayilova from prison, Representative Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, and Senator Roger Wicker (MS), Co-Chairman of the Commission, issued the following statement: “We welcome the release of Khadija Ismayilova from her unjust imprisonment. However, we call on the Government of Azerbaijan to drop all charges against her and reopen the RFE/RL Baku bureau. “Khadija’s case is not the only one in which Azerbaijan has used its judicial system to punish those who have voiced independent opinions. Others, like opposition leader Ilgar Mammadov, remain jailed for their efforts to promote human rights, the rule of law, and democracy. We salute their courage and once again urge the Government of Azerbaijan to live up to its OSCE commitments, ending its repression of the political opposition, journalists, and religious minorities.” Chairman Smith convened a December 2015 hearing on the plight of Ismayilova and her fellow prisoners of conscience in Azerbaijan. He is also the author of the Azerbaijan Democracy Act of 2015 (H.R. 4264), a bill he introduced to draw attention to the systematic efforts of the Government of Azerbaijan to eliminate the voices of independent journalists, opposition politicians, and civil society groups. In addition to denying U.S. visas to senior leaders of the Government of Azerbaijan, those who derive significant financial benefit from business dealings with senior leadership, and members of the security or judicial branches, the Azerbaijan Democracy Act also expresses the sense of Congress that financial penalties should be considered. Sanctions could be lifted when the Azerbaijani government shows substantial progress toward releasing political prisoners, ending its harassment of civil society, and holding free and fair elections. Chairman Smith has also spoken out on multiple occasions on behalf of Ismayilova and other political prisoners in Azerbaijan.
Combatting Corruption in Bosnia and HerzegovinaWednesday, May 25, 2016
Twenty years ago, Bosnia and Herzegovina was beginning a process of recovery and reconciliation following the brutal conflict that marked its first four years of independent statehood and took outside intervention to bring to an end. The United States, which led that effort culminating in the Dayton Peace Accords, has since invested considerable financial and other resources to ensure the country’s unity, territorial integrity and sovereignty, as well as to enable a population devastated and traumatized by conflict to rebuild. Many European and other countries have as well. Today, beyond well-known ethnic divisions and weaknesses in political structure, Bosnia’s progress is stymied by official corruption to the detriment of its citizens’ quality of life and the prospects for the country’s integration into Europe. Amid recent press reports on scandals involving various government officials; public perceptions of corruption rank Bosnia and Herzegovina among the worst in the Western Balkans. This hearing examined the current situation regarding corruption and its causes at all levels of government in Bosnia and Herzegovina, and looked at efforts by the United States and the international community, along with civil society, to combat it. It featured witnesses from OSCE, USAID, and from civil society. “Left unchecked, corruption will hinder Bosnia and Herzegovina’s integration into Europe and NATO,” said Helsinki Commission Co-Chair Roger Wicker (MS), “Twenty years after Dayton there is no excuse for corruption and the risk it brings to prosperity for future generations.” Last year, Senator Wicker and Senator Shaheen (NH) were among a presidential delegation sent to Bosnia to commemorate the 20th anniversary of the massacre at Srebrenica. And in November of that year, they introduced the Bosnia and Herzegovina-American Enterprise Fund Act to grow small- to medium-sized businesses. The United States has a long-standing and deep commitment to maintaining the sovereignty, stability, and recovery of Bosnia, while fostering future prosperity within the country. Senator Wicker has seen a lot of progress since he first visited Bosnia in 1995, but he called for even more to be done by Bosnian officials and the international community. The first witness was Ambassador Jonathan Moore, head of the OSCE Mission to Bosnia and Herzegovina, he spoke on various topics and outlined the OSCE’s goals and plans for Bosnia. Beyond ending corruption, the OSCE seeks to revitalize the lagging education system and to combat violent extremism. He emphasized the importance of transparency, “It is clear that simply having laws and institutions is not enough. Laws must be implemented and obeyed, and prosecutors and judges must do their jobs. Furthermore, old patterns of political patronage must stop.” The next witness was the Honorable Thomas Melia, assistant administrator at USAID for Europe and Eurasia, who reinforced Amb. Moore’s testimony, focusing the economic ramifications of corruption. “Corruption leads to a weakening of democratic institutions, economic decay by discouraging investment, increased inequality, and deprives states of the resources they need to advance their own development. In the wider European region, states weakened by corruption are also more susceptible to malign pressure and manipulation from Putin’s Russia, as any semblance of a rules-based order often seems to take a backseat to power, influence and greed.” The final two witnesses spoke of the bleak state of civil rights in Bosnia. Corruption has all but ended Bosnian citizens’ abilities to access justice, work out for a better life, and speak freely. Each of witnesses emphasized the need for further and tougher action; simply scolding officials is not enough. “Past experience shows that simply calling on leaders to undertake reforms and to take responsibility is not sufficient. Generating a genuine and articulated internal demand for reforms is key to achieving sustainable progress,” said Mr. Srdjan Blagovcanin, the third witness, is chairman of the board of the Bosnia Chapter of Transparency International. The final witness, Dr. Valery Perry, suggested that election reform was a necessary step to ending corruption in Bosnia. Co-Chairman Wicker was joined at the hearing by a panel of lawmakers including Commission Chairman Chris Smith (NJ-04), Senator Jeanne Shaheen, Representative Robert Aderholt (AL-04), and Representative Scott Perry (PA-04).
OSCE Foreign Ministers Meet in BelgradeFriday, January 15, 2016
Serbia’s year-long chairmanship of the OSCE culminated in Belgrade in the annual meeting of the OSCE Ministerial Council on December 3 and 4, 2015. Key issues addressed in the context of Ministerial discussions included: Ongoing efforts to de-escalate the Russia-Ukraine crisis and the need for Russia to fully implement the Minsk Agreements. Reaffirmation of the Helsinki Final Act and subsequent commitments and the comprehensive nature of security (i.e., respect for fundamental freedoms within a state has an impact on the security between states). The assault on human dignity and human rights, including through terrorist attacks, the continued rollback on rights and freedoms in the OSCE area, and the refugee and migration crisis. Secretary of State John Kerry led the U.S. delegation, which also included Assistant Secretary of State Victoria Nuland; Deputy Assistant Secretary of State for Democracy, Human Rights, and Labor Robert Berschinski; Deputy Assistant Secretary of State for Central Asia Daniel N. Rosenblum; and Helsinki Commission Senior Senate Staff Representative Ambassador David T. Killion. The atmosphere was strained, as tensions between Ukraine and Russia, Russia and Turkey, and Armenia and Azerbaijan spilled over into the negotiations. As Russia blocked virtually all decisions on human rights, as well as on the migration crisis and on gender issues, only a handful of documents were adopted. Successful declarations addressed recent terrorist attacks in the OSCE region, combating violent extremism that leads to terrorism, and addressing the illicit drug trade.
OSCE Human Dimension Implementation Meeting 2015Friday, January 15, 2016
“The Human Dimension” is OSCE-speak for human rights, democracy, and humanitarian concerns. When the Helsinki Final Act (HFA) was signed in Helsinki, Finland in 1975, it enshrined among its ten Principles Guiding Relations between participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the HFA included a section on cooperation regarding humanitarian issues that provided an umbrella for addressing (among other things) family reunification and working conditions for journalists. "The Human Dimension" was a term coined during the drafting of the 1989 Vienna Concluding Document to serve as shorthand to describe the human rights and humanitarian provisions of the agreements concluded within the framework of the Helsinki process. Today, it has come to include the OSCE’s watershed commitments on democracy, the rule of law, and free and fair elections. In any given year, the OSCE participating States address human dimension issues in multiple fora. The Human Dimension Implementation Meeting – HDIM – attracts the largest number of participants, covers the greatest range of issues, and is open to participation by civil society. That work includes formal sessions on the full range of human rights issues as well as rule of law, free elections, and democracy-building issues. National minorities, Roma, and tolerance and nondiscrimination are also on the agenda. U.S. Delegation Led by David Kramer The 2015 HDIM was held September 21 to October 2 and drew 1,386 participants. The U.S. delegation was led by David J. Kramer, Senior Director for Human Rights and Human Freedoms at the McCain Institute and former Assistant Secretary of State for Democracy, Human Rights, and Labor. It also included U.S. Ambassador to the OSCE Daniel Baer; Deputy Assistant Secretary of State for Democracy, Human Rights and Labor Robert Berschinksi; Department of State Special Advisor for International Rights Judith Heumann; and Helsinki Commission Senior Senate Staff Representative Ambassador David T. Killion. Helsinki Commission staff participated in all aspects of the delegation’s work. In addition to active engagement in the formal sessions, the United States participated in side events focused on specific countries or issues organized by civil society, OSCE participating States, or international organizations, and held numerous bilateral meetings with other delegations to raise and discuss human rights. Special Advisor Heumann led a panel highlighting the importance of disability rights for OSCE countries as part of a U.S. side event cosponsored with Finland. Russia: External Aggression and Internal Repression During the HDIM, Russia’s aggression in and against Ukraine was raised in connection with almost every agenda item for the meeting. The OSCE Office for Democratic Institutions and Human Rights (ODIHR) also issued a joint report prepared with the OSCE High Commissioner on National Minorities detailing widespread human rights violations in Russian-occupied Crimea. Increasing levels of repression within Russia also were raised throughout the HDIM and served to highlight the relationship between external aggression and internal repression. In early 2015, Boris Nemtsov, an advocate for the rule of law and accountability in Russia and an outspoken Russian critic of the Russian government’s war against Ukraine, was gunned down just outside the Kremlin. Russia’s increasingly repressive government has eroded the democratic institutions that ensure a government’s accountability to its people. A free and independent media is virtually nonexistent and the remaining state-controlled media is used to propagandize disinformation, fear, bigotry, and aggression. Azerbaijan’s Record Draws Sharp Criticism In 2015 Azerbaijan unilaterally shuttered the OSCE Mission in Baku, effectively blocked the OSCE’s independent election observation in October, and sentenced journalist-heroine Khadija Ismayilova to 7 ½ years in prison for reporting on government corruption. The government of Azerbaijan has also escalated pressure against the family members of its critics, in a further effort to stifle dissent. As a consequence, throughout the HDIM, Azerbaijan was the subject of singular attention and criticism. In one particularly sharp exchange with the moderator during the discussion of fundamental freedoms in the digital age, Azerbaijan challenged its critics to name at least 25 of an estimated 100 political prisoners. A partial list – 25 names – is below. Abilov, Abdul Aliyev, Intigam Aliyev, Nijat Akhundov, Rashadat Guliyev, Araz Hasanov, Nasimi Hashimli, Parviz Hazi, Seymur Ismayilova, Khadija Jabrayilova, Valida Jafarov, Rasul Karimov, Fara Mammadli, Anar Mammadov, Hilal Mammadov, Igar Mammadov, Omar Mirkadirov, Rauf Ramazanov, Rashad Rustamov, Aliabbas Rustamzada, Ilkin Seyidov, Elnur Yagublu, Tofig Yunusov, Arif** Yunus, Leyla** Zakharchenko, Irina **Leyla and Arif Yunus have been released from prison since the HDIM but remain under house arrest.
What is the OSCE Doing in Ukraine?Friday, January 15, 2016
In Ukraine, the OSCE monitors the cease-fire, weapons withdrawal, and overall security situation in eastern Ukraine. In addition, the OSCE has observed local elections and reports on widespread human rights violations in Russian-occupied Crimea. Special Monitoring Mission (SMM) Mandate adopted by consensus on March 21, 2014 and extended until March 31, 2016 634 international monitors as of November 18, 2015 Posts daily updates at OSCE.org Has encountered episodes of hostage-taking and been fired upon OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk Mandate adopted by consensus on July 24, 2014 Gathers information and reports on the security situation at the two checkpoints Minsk Agreement Adopted September 5, 2014, by Russia, Ukraine, and Russian-backed separatists under OSCE auspices OSCE tasked with monitoring its implementation, including the cease-fire and weapons withdrawal Minsk II Adopted February 11, 2015 Continues work of Minsk agreement OSCE Election Observation Observed local elections in 2015 Joint report by ODIHR & HCNM on Russian-occupied Crimea ODIHR and HCNM report released September 17, 2015, identifies widespread human rights violations
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I Was Locked Up and Tortured by Putin’s SpooksSunday, January 10, 2016
Yuriy Yatsenko is an activist of the Euromaidan who was illegally imprisoned in Russia on political grounds and recently released. This is a shortened version of his testimony before the US Helsinki Commission in Washington on December 11, 2015. I am a Ukrainian citizen who was illegally arrested and detained by the Russian Federation for over a year for political reasons. Nadiya Savchenko, Oleg Sentsov and others who are less known have suffered and continue to suffer the same fate. In May 2014, I was in Russia's Kursk region with a friend on a business trip. During a routine document check that Russian police officers often practice, I was detained. At the police department, an FSB (Russian Federal Security Service) agent showed me a photograph of myself taken during the Euromaidan protests, which I suspect he had found on social media. The agent demanded that my friend and I provide false testimony; he wanted us to admit that we had been recruited by Right Sector or by the head of the Security Service of Ukraine to commit acts of terrorism in Russia. At the time, I was an ordinary student from western Ukraine and could not believe that such absurd accusations were being made against me. My western Ukrainian origin became an additional reason for Russian law enforcement personnel to harass me. After we refused to incriminate ourselves, they began beating us at regular intervals. We were also offered an option of going on Russian TV and giving a predetermined speech about being sent to Russia from Ukraine to commit subversive acts, but instead we turned to the FSB for protection to save us from the Ukrainian authorities and their persecution. We refused, so the harassment continued and turned into physical and psychological abuse. One FSB official threatened to hand me over to the president of Chechnya. At first, the abuse and the beatings were constant. I was regularly placed in punishment cells and solitary confinement. I remember one particularly brutal instance. Some special forces soldiers, wearing masks and uniforms bearing no insignia other than the colors of the Russian flag, put a bag over my head, took me into the woods and tortured me. They hanged me by my handcuffs for hours and beat me in the head, groin and other parts of the body. They strangled me. They also simulated an execution, firing a gun next to my head. The next morning, which was two weeks after my arrest, I used a shaving blade to cut my abdomen and the veins on my arms to stop this abuse. Only then was I taken to the hospital; there, I finally managed to inform my family about my whereabouts. Despite a court decision ordering our deportation, my friend and I were illegally kept at a special detention center for illegal immigrants for three months. During this period, beatings and torture were constant. Three months later, my friend was released and taken to the Ukrainian border, while I was suddenly charged with possessing explosives. The court found me guilty in spite of the absurdity of these accusations and the absence of any evidence. At first, I was sentenced to two years in prison, but an appeals court reduced the sentence to nine months. By that time, I had already spent a year in detention, so I was released. The fact that I'm free now is a testament to the publicity campaigns, international pressure and coordinated work of human rights advocates and lawyers. When I was in detention, guards informed me from time to time that another article about my case appeared in the press, or that another press conference dedicated to my case was held. They seemed to be alarmed by this activism, and kept saying that it should be stopped, that everything should be "done quietly." That is why public events in support of prisoners are extremely important; they signal to the repressive regime that it is being watched closely and that none of the prisoners are forgotten. At least 13 Ukrainians are detained illegally somewhere in the Russian Federation, and at least eight prisoners are being held in occupied Crimea, both Ukrainians and Crimean Tatars. The criminal cases against them are fabricated, most have been brutally tortured and some have been deprived of their right to meet with an attorney or a Ukrainian consul for over a year. These are people of various ages, professions and politics, but they share one thing—their lives have become an instrument of Russian state-sponsored propaganda that has created the image of Ukraine as a mortal enemy. Kremlin officials constantly look for ways to justify their hybrid war in Ukraine, which is why innocent Ukrainian citizens are proclaimed to be terrorists, spies and fascists. I appeal to you on behalf of the #LetMyPeopleGo campaign. There are no independent courts in Russia; this is why politically motivated cases have no chance of being decided fairly. Only international pressure can help achieve the release of those detained. We are waiting for the return of Savchenko, Olexandr Kolchenko, Sentsov, Gennadiy Afanasiev, Olexii Chirnii, Sergiy Lytvynov, Mykola Karpiuk, Stanislav Klyh, Olexandr Kostenko, Haiser Dzhemilev, Yurii Soloshenko, Valentyn Vyhyvskii and Viktor Shur. We also demand that Russia stop occupying Crimea and that Akhtem Chyihoz, Ali Asanov, Mustafa Dehermendzhy, Yuriy Ilchenko, Ruslan Zaytullaev, Nuri Primov, Rustam Vaytov and Ferat Sayfullaev be freed. It is likely that this list is incomplete. Nevertheless, we demand that Russia release all of its prisoners who have been subject to politically motivated persecution.
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It's Time to Hold the Azerbaijan Regime AccountableFriday, January 08, 2016
Azerbaijani President Ilham Aliyev's habit of brutally silencing dissent may be finally catching up with him. A new bill introduced in Congress last month would require the U.S. State Department to deny visas to senior members of Aliyev's government until the country can prove it has ceased harassment of independent media and NGOs and made significant progress toward freeing its political prisoners. Despite facing long odds, the Azerbaijan Democracy Act of 2015 marks a major turning point. For years, the United States has struggled to muster any real condemnation of Azerbaijan's government, one of the most corrupt and repressive in the world. U.S. officials and lawmakers still routinely refer to their Azerbaijani counterparts as "friends" despite the fact that the former Soviet country's latest crackdown has been accompanied by a general turn away from the West. Or should we say partial turn. Azerbaijan wants to be at the table with Western nations when money is up for grabs, but it hasn't acquired the same taste for values about human rights and dignity. This juxtaposition was perhaps most apparent earlier this year when the country hosted the inaugural European Games, a 17-day competition featuring 6,000 athletes from 50 countries. The capital city of Baku spared no expense to project a modern, glamorous image during the event--even flying in Lady Gaga for a surprise performance. For many people, it was a first glimpse of Azerbaijan. But that glimpse was carefully choreographed. Foreign reporters who agreed to play by the government's rules were rewarded with access to the games; others,including Guardian sports correspondent Owen Gibson, were banned from attending after calling out human rights abuses in the country. What the cameras did not capture that night was the escape of Emin Huseynov, the founder of the Institute for Reporters' Freedom and Safety, who fled Azerbaijan for Switzerland on the private plane of the Swiss foreign minister. Huseynov first sought refuge at the Swiss embassy ten months earlier after Azerbaijani authorities raided his office. Other human rights advocates and journalists have not been as fortunate. Within a 10-day period in August 2014, Intigam Aliyev, Rasul Jafarov, and Leyla and Arif Yunus all were arrested. They were later subjected to speedy show trials resulting in lengthy prison sentences for crimes they did not commit. Leyla and Arif, both seriously ill, have recently been released to serve suspended sentences but still face charges of treason. Employees of Meydan TV, whose founder reported receiving a high-level threat during the European Games, have been barred from leaving Azerbaijan, repeatedly questioned at the prosecutor's office, and detained without cause. Their families have also faced pressure. Two brothers of editor Gunel Movlud are currently being held on bogus drug charges. Most tragically, in August, Rasim Aliyev, a journalist and chairman of the Institute for Reporters' Freedom and Safety, died after he was severely beaten by attackers. Although the assault was reportedly connected to a criticism Aliyev made of a soccer player on Facebook, Aliyev had previously experienced threats against his life. The attack was one of hundreds against Azerbaijan's journalists in the past decade, including at least two other murders. Quiet diplomacy from the United States and the European Union has failed to reverse Azerbaijan's relentless pursuit of critics and civil society groups. The State Department called Leyla Yunus' release earlier this month a "welcome" development and a "positive step." Meanwhile, the deputy chairman of the opposition Popular Front Party, was arrested the day before, and the treason trial of dissident journalist Rauf Mirqadirov is still underway. But perhaps President Aliyev's luck is running out. In November, in an unprecedented step, the Organization for Security and Co-Operation in Europe's Office for Democratic Institutions and Human Rights, its Parliamentary Assembly, and the European Parliament all canceled monitoring missions to Azerbaijan to protest the irregularity of the country's parliamentary elections. Last month, Thorbjørn Jagland, secretary general of the Council of Europe, made a bold move of his own, announcing an inquiry into Azerbaijan's implementation of the European Convention on Human Rights. And on the same day, U.S. Congressman Chris Smith, chairman of the Helsinki Commission, introduced the Azerbaijan Democracy Act and held a hearing on the case of Khadija Ismayilova, one of the few journalists in Azerbaijan who dared to report on corruption among the country's ruling elite. Ismayilova was arrested last year and is now serving a seven and a half-year prison sentence. Ismayilova has kept up the pressure on her country even from behind bars. On the eve of the European Games, with the help of Sport for Rights, a coalition of international press freedom groups that recently published a report on Azerbaijan's human rights record, she managed to get a letter out of jail to The New York Times. "The truth is that Azerbaijan is in the midst of a human rights crisis. Things have never been worse," she wrote, urging the international community: "Do not let the government of Azerbaijan distract your attention from its record of corruption and abuse." Maybe now the world is ready to listen.
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.