European Energy Security Post-RussiaTuesday, June 07, 2022
Russia is weaponizing energy to prolong its unlawful invasion of Ukraine. Unfortunately, the sanctions that Europe and the United States have put in place have not been enough to curb Russian aggression thus far and the European Union pays Russia almost a billion euros a day for energy resources—mostly gas— that fund the Russian war machine. Germany, in particular, has struggled to move away from its dependence on Russian gas. At the start of the Russian invasion of Ukraine, Germany imported 55 percent of its gas from Russia. As of June 2022, Russian gas imports had decreased to 35 percent, with a goal to decrease to 10 percent by 2024, but progress is slow and buying any energy from Russia means that Germany continues to fund their unlawful invasion. Dr. Benjamin Schmitt, Research Associate at Harvard University and Senior Fellow at the Center for European Policy Analysis, pointed to the resurgence of Ostpolitik, a German diplomatic theory which seeks to build relationships and spread good governance through trade. First introduced in the Cold War era, Ostpolitik was put into action once more in the early 2000s by former Chancellor Gerhard Schroeder, who became infamous for lobbying for Kremlin-backed projects in office and for sitting on the board of the Russian state-owned energy company, Gazprom, after leaving office. However, Russia attempted to leverage such projects, including the Nord Stream 1 project and its ultimately bankrupted predecessor, Nord Stream 2, to increase the vulnerability of Western Europe toward Russia. According to Dr. Constanze Stelzenmüller, Senior Fellow at Brookings Institution, domestic political will exists in Germany to diversify energy sources, even if most are wary of making those changes immediately. German polling shows that one-third of Germans are willing to cut off Russian gas immediately, while two-thirds would prefer a slow gradual decrease in gas. Dr. Stelzenmüller explained that if Germany were to immediately cut off Russian gas supplies, it is likely that a recession would affect not only Germany, but also many surrounding Eastern European countries, most of which have less capacity to manage a recession. She stated, “Much of [Germany’s] manufacturing supply chains go deep into Eastern Europe. So, a recession in Germany would absolutely produce a massive, and perhaps worse, recession in our neighboring economies.” Any actions taken against Russia should ensure that sanctions hit Russia harder than those countries imposing the sanctions. Mr. Yuriy Vitrenko, CEO of Naftogaz Ukraine, and Dr. Schmitt also emphasized the importance of the following recommendations outlined in the REPowerEU plan, the European Commission’s plan to make Europe independent from Russian energy before 2030, and the International Working Group on Russia Sanctions Energy Roadmap: Full European/US embargos on Russian gas. Creation of a special escrow account that will hold net proceeds due to Russia until the Kremlin ceases all hostilities. Diversification of energy dependance away from Russia through energy diplomacy that identifies other potential suppliers, like Qatar. Funding and construction of energy infrastructure around Europe. Termination of Gazprom ownership of all critical energy infrastructure in Europe. Designation of Russia as a state sponsor of terrorism, which would automatically trigger secondary sanctions on any country that imports Russian goods. Sanctioning of all Russian banks. Strengthening of Ukrainian capacity to participate in the energy sector through the creation of modern energy infrastructure during the post-war reconstruction period. Pass the Stop Helping America’s Malign Enemies (SHAME) Act, banning former U.S. government officials from seeking employment by Russian state-owned-enterprises, or Schroederization. Related Information Witness Biographies
European Energy Security Focus of Upcoming Helsinki Commission HearingThursday, June 02, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: EUROPEAN ENERGY SECURITY POST-RUSSIA Tuesday, June 7, 2022 2:30 p.m. Watch live: www.youtube.com/HelsinkiCommission The United States and European allies have largely cut Russia out of the global economy following its full-scale invasion of Ukraine. However, given European reliance on Russian natural gas and oil, sweeping energy sanctions have lagged. The European Union spends nearly a billion euros a day on Russian energy, and several EU Member States are struggling to wean themselves off Russian resources in order to implement a full embargo. This hearing will examine plans to create a Europe that is wholly free from Russian oil and gas. Witnesses will discuss the importance of a robust energy embargo to starving the Russian war machine; options to ensure that Ukraine’s energy needs are met; alternative sources of energy for Europe; and the perspective of Germany, which plays an outsize role as the most powerful economy in Europe and a primary consumer of Russian natural resources. The following witnesses are scheduled to participate: Yuriy Vitrenko, CEO, Naftogaz Ukraine Constanze Stelzenmüller, Senior Fellow, Brookings Institution Benjamin Schmitt, Research Associate, Harvard University; Senior Fellow, Democratic Resilience Program at the Center for European Policy Analysis
Helsinki Commission Slams Legislation in Belarus that Would Extend Use of the Death Penalty to Pro-Democracy and Anti-War ActivistsFriday, May 20, 2022
WASHINGTON—Following the approval of legislation in Belarus that would apply the death penalty to pro-democracy activists and those opposing Russia’s war in Ukraine, and ahead of the May 21 commemoration of the Day of Political Prisoners in Belarus, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “With these amendments to the criminal code, Aleksandr Lukashenko and other senior officials in his regime seek to frighten brave Belarusian citizens into silence. These craven attempts to mute pro-democracy and anti-war activists are doomed to fail. Belarusians have demonstrated time and again that they are stronger than those who seek to oppress them, and that they will not cower even in the face of outright death threats from authorities. “The real criminals here are Lukashenko and his henchmen who attempt to muzzle political opponents, civil society, and the free press. We demand that all political prisoners in Belarus be released, and that Belarusian authorities cease their attempts to terrorize those who freely speak their minds.” Earlier this week, Lukashenko approved changes to the Belarusian criminal code that would extend the use of the death penalty against those convicted of “attempted acts of terrorism.” According to the U.S. Department of State, the Lukashenko regime “has levied politically motivated charges of ‘extremism’ and ‘terrorism’ against many of [Belarus’] more than 1,100 political prisoners and used such labels to detain tens of thousands more.”
Chairman Cardin, Colleagues Introduce Resolution Calling for Release of Russian Opposition Leader Vladimir Kara-MurzaMonday, May 16, 2022
WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD), author of the Global Magnitsky Human Rights Accountability Act, and colleagues introduced a resolution Monday honoring Russian opposition leader Vladimir Kara-Murza and his work for “freedom, democracy and human rights for the people of the Russian Federation.” Kara-Murza was detained in Moscow outside of his home one month ago, just days after testifying before the Helsinki Commission. The resolution calls for his release and urges calls for the U.S. Government to support the cause of democracy and human rights in Russia. Sens. Marco Rubio (FL), Dick Durbin (IL), Jim Risch (ID), Bob Menendez (NJ), Roger Wicker (MS), Ron Johnson (WI), Jeanne Shaheen (NH), Dan Sullivan (AK) and Chuck Grassley (IA) also are original cosponsors. “Vladimir Kara-Murza is a genuine hero, speaking truth to power in Russia, and mobilizing the world to support the Russian people,” said Chairman Cardin, who also is a senior member of the Senate Foreign Relations Committee. “Without his leadership, several countries in Europe would not have enacted their versions of the U.S. Global Magnitsky laws that have broadened the impact of our own sanctions program. We call for his immediate release form unjust imprisonment in Russia.” Last week, Chairman Cardin led a bipartisan letter calling on the Biden administration to sanction publicly “every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza.” The full text of the resolution follows. It is scheduled to be considered by the Senate Foreign Relations Committee on Wednesday. Calling for the immediate release of Russian opposition leader Vladimir Kara-Murza, who was unjustly detained on April 11, 2022. Whereas Vladimir Vladimirovich Kara-Murza (referred to in this preamble as “Mr. Kara-Murza”) has tirelessly worked for decades to advance the cause of freedom, democracy, and human rights for the people of the Russian Federation; Whereas, in retaliation for his advocacy, two attempts have been made on Mr. Kara-Murza’s life, as— (1) on May 26, 2015, Mr. Kara-Murza fell ill with symptoms indicative of poisoning and was hospitalized; and (2) on February 2, 2017, he fell ill with similar symptoms and was placed in a medically induced coma; Whereas independent investigations conducted by Bellingcat, the Insider, and Der Spiegel found that the same unit of the Federal Security Service of the Russian Federation responsible for poisoning Mr. Kara-Murza was responsible for poisoning Russian opposition leader Alexei Navalny and activists Timur Kuashev, Ruslan Magomedragimov, and Nikita Isayev; Whereas, on February 24, 2022, Vladimir Putin launched another unprovoked, unjustified, and illegal invasion into Ukraine in contravention of the obligations freely undertaken by the Russian Federation to respect the territorial integrity of Ukraine under the Budapest Memorandum of 1994, the Minsk protocols of 2014 and 2015, and international law; Whereas, on March 5, 2022, Vladimir Putin signed a law criminalizing the distribution of truthful statements about the invasion of Ukraine by the Russian Federation and mandating up to 15 years in prison for such offenses; Whereas, since February 24, 2022, Mr. Kara-Murza has used his voice and platform to join more than 15,000 citizens of the Russian Federation in peacefully protesting the war against Ukraine and millions more who silently oppose the war; Whereas, on April 11, 2022, five police officers arrested Mr. Kara-Murza in front of his home and denied his right to an attorney, and the next day Mr. Kara-Murza was sentenced to 15 days in prison for disobeying a police order; Whereas, on April 22, 2022, the Investigative Committee of the Russian Federation charged Mr. Kara-Murza with violations under the law signed on March 5, 2022, for his fact-based statements condemning the invasion of Ukraine by the Russian Federation; Whereas Mr. Kara-Murza was then placed into pretrial detention and ordered to be held until at least June 12, 2022; and Whereas, if convicted of those charges, Mr. Kara-Murza faces detention in a penitentiary system that human rights nongovernmental organizations have criticized for widespread torture, ill-treatment, and suspicious deaths of prisoners: Now, therefore, be it Resolved, That the Senate— (1) condemns the unjust detention and indicting of Russian opposition leader Vladimir Vladimirovich Kara-Murza, who has courageously stood up to oppression in the Russian Federation; (2) expresses solidarity with Vladimir Vladimirovich Kara-Murza, his family, and all individuals in the Russian Federation imprisoned for exercising their fundamental freedoms of speech, assembly, and belief; (3) urges the United States Government and other allied governments to work to secure the immediate release of Vladimir Vladimirovich Kara-Murza, Alexei Navalny, and other citizens of the Russian Federation imprisoned for opposing the regime of Vladimir Putin and the war against Ukraine; and (4) calls on the President to increase support provided by the United States Government for those advocating for democracy and independent media in the Russian Federation, which Vladimir Vladimirovich Kara-Murza has worked to advance.
Arrest and Detention of Vladimir Kara-MurzaThursday, May 12, 2022
Mr. President, one month ago, Russian authorities arrested Vladimir Kara-Murza, a tireless advocate for a democratic Russia and longtime Putin critic, on the street near his apartment in Moscow. While he was in detention for a fabricated administrative violation, they charged him further with ‘‘spreading deliberately false information’’ about the armed forces of Russia, which was criminalized under a Russian law passed after the full-scale invasion of Ukraine. He is currently in pretrial detention and could face up to 15 years in prison if convicted. Vladimir is a friend and frequent visitor to the offices of many Members of Congress, myself included. His wife and children live in Virginia, and he splits his time between the United States and Russia, where he was born and raised. Vladimir has a special relationship with the Helsinki Commission and a keen interest in using parliamentary diplomacy to rally other nations against the Putin regime’s undemocratic and violent policies, particularly the war in Ukraine. Vladimir was instrumental in the development and passage of the Magnitsky Act. In fact, a number of colleagues and I recently sent a letter to President Biden urging that the administration impose Magnitsky Act sanctions on every Russian official and associate involved in Vladimir’s false arrest and unjust detention. That Vladimir continues to return to Russia after multiple poisonings, arrests, and other tribulations is a testament to his profound courage and dedication to his fellow citizens. He feels that he cannot, in good conscience, call on Russians to risk their freedom and lives to resist the evils and complacency of Putin’s Russia if he is comfortably out of harm’s way himself. Two weeks before his arrest, Vladimir testified at a Helsinki Commission hearing on propaganda and censorship in Russia, where he warned that speaking out against the war in Ukraine is now grounds for prosecution in Russia, yet he refused to be silent. Though now deprived of his physical freedom and in grave danger, Vladimir’s spirit is unbroken; he is unafraid; and he continues to believe that Russia will one day become a democratic, European state. He sees the Ukraine war as the last desperate gasp of Putinism, the beginning of the end. In our many meetings over the years, Vladimir has always reminded us of the need to remember prisoners of conscience and speak their names. As Vladimir now ranks among these hundreds in Russia, and even more throughout the rest of the world, we will remember him. I call upon my colleagues to do the same; there is hope and power in not being forgotten. Mr. President, I ask unanimous consent that the letter to President Biden that I referred to a moment ago be printed in the RECORD. There being no objection, the material was ordered to be printed in the RECORD, as follows: MAY 5, 2022. President JOSEPH R. BIDEN, JR., The White House, Washington, DC. DEAR PRESIDENT BIDEN: We urge you to name and sanction every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza. Kara-Murza is a Russian opposition politician who has long stood up against Russian dictator Vladimir Putin. He embodies what Russia might be one day when it is democratic and free. We also urge you to examine whether to sanction those involved in the persecution and imprisonment of other Russian political prisoners. Kara-Murza is a Russian patriot who has fought for decades for democracy in Russia and a prosperous future for his country. For this, the regime in Russia has poisoned him twice. On April 11, while in Russia, KaraMurza called this regime ‘‘a regime of murderers.’’ He was then arrested, and now faces trumped up charges that may result in years of unjust imprisonment. Kara-Murza was the key Russian activist behind the passage of the Magnitsky Act and its adoption by our allies. The late Senator John McCain called him ‘‘one of the most passionate and effective advocates for the passage of the Magnitsky Act.’’ Kara-Murza himself, like his mentor Boris Nemtsov before him, has called the Magnitsky Act the most ‘‘pro-Russian law passed in the United States in the history of our countries.’’ Nemtsov was murdered in front of the Kremlin. The Magnitsky Act is the appropriate tool to sanction those involved in the persecution of Kara-Murza. We ask that you coordinate with our allies to sanction these individuals at the same time. The European Union, the United Kingdom, Canada, and Australia now all have Magnitsky sanctions laws of their own. As Russia loses its brutal war of aggression against Ukraine, we must consider what might come next in that country. KaraMurza offers a vision of a Russia free from imperialist kleptocracy. He has bravely answered the call of many Ukrainians for Russians to take a stand and oppose this bloody and senseless war. He must be immediately freed and allowed to continue his work. Sincerely, Ben Cardin, Jeanne Shaheen, Roger Wicker, Sheldon Whitehouse, U.S. Senators. Steve Cohen, Gerald Connolly, Brian Fitzpatrick, Richard Hudson, Marcy Kaptur, Adam Kinzinger, Peter Meijer, Gwen Moore, Katie Porter, Abigail Spanberger, Joe Wilson, John Curtis, Ruben Gallego, Sheila Jackson Lee, Bill Keating, Tom Malinowski, Mike Levin, Burgess Owens, Marı´a Elvira Salazar, Marc Veasey, Members of Congress.
Helsinki Commissioners Lead Bipartisan Ask for Biden to Sanction Russians Responsible for Jailing Opposition Leader Vladimir Kara-MurzaThursday, May 12, 2022
WASHINGTON—U.S. Senator Ben Cardin (MD), author of the Global Magnitsky Human Rights Accountability Act and Chair of the Commission on Security and Cooperation in Europe (Helsinki Commission), along with Helsinki Commission Ranking Member Senator Roger Wicker (MS) and Commissioners Senators Jeanne Shaheen (NH) and Sheldon Whitehouse (RI) are urging President Joe Biden to publicly sanction “every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza.” The lawmakers made the plea last week in a letter that also was signed by U.S. Representatives Steve Cohen (TN-09), Co-Chair of the Helsinki Commission; Joe Wilson (SC-02), Ranking Member of the Helsinki Commission; Gerald Connolly (VA-11); John Curtis (UT-03); Brian Fitzpatrick (PA-01), Ruben Gallego (AZ-07); Richard Hudson NC-08); Sheila Jackson-Lee (TX-18); Marcy Kaptur (OH-09); Bill Keating (MA-09); Adam Kinzinger (IL-16); Tom Malinowski (NJ-07); Peter Meijer (MI-03); Mike Levin (CA-49); Gwen Moore (WI-044); Burgess Owens (UT-04); Katie Porter (CA-45); Maria Elvira Salazar (FL-27); Abigail Spanberger (VA-07); and Marc Veasey (TX-33). “Kara-Murza is a Russian opposition politician who has long stood up against Russian dictator Vladimir Putin. He embodies what Russia might be one day when it is democratic and free,” the lawmakers wrote. “As Russia loses its brutal war of aggression against Ukraine, we must consider what might come next in that country. Kara-Murza offers a vision of a Russia free from imperialist kleptocracy. He has bravely answered the call of many Ukrainians for Russians to take a stand and oppose this bloody and senseless war. He must be immediately freed and allowed to continue his work.” The full letter is below and can be downloaded at this link. President Joseph R. Biden, Jr. The White House 1600 Pennsylvania Ave., NW Washington, DC 20500 Dear President Biden, We urge you to name and sanction every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza. Kara-Murza is a Russian opposition politician who has long stood up against Russian dictator Vladimir Putin. He embodies what Russia might be one day when it is democratic and free. We also urge you to examine whether to sanction those involved in the persecution and imprisonment of other Russian political prisoners. Kara-Murza is a Russian patriot who has fought for decades for democracy in Russia and a prosperous future for his country. For this, the regime in Russia has poisoned him twice. On April 11, while in Russia, Kara-Murza called this regime “a regime of murderers.” He was then arrested, and now faces trumped up charges that may result in years of unjust imprisonment. Kara-Murza was the key Russian activist behind the passage of the Magnitsky Act and its adoption by our allies. The late Senator John McCain called him “one of the most passionate and effective advocates for the passage of the Magnitsky Act.” Kara-Murza himself, like his mentor Boris Nemtsov before him, has called the Magnitsky Act the most “pro-Russian law passed in the United States in the history of our countries.” Nemtsov was murdered in front of the Kremlin. The Magnitsky Act is the appropriate tool to sanction those involved in the persecution of Kara-Murza. We ask that you coordinate with our allies to sanction these individuals at the same time. The European Union, the United Kingdom, Canada, and Australia now all have Magnitsky sanctions laws of their own. As Russia loses its brutal war of aggression against Ukraine, we must consider what might come next in that country. Kara-Murza offers a vision of a Russia free from imperialist kleptocracy. He has bravely answered the call of many Ukrainians for Russians to take a stand and oppose this bloody and senseless war. He must be immediately freed and allowed to continue his work. Sincerely,
Diverse Voices Reporting From UkraineWednesday, April 20, 2022
Journalists in Ukraine risk their lives daily to report the reality of war. Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions. So far, at least seven journalists have been killed, and others injured, while covering Russia's genocidal war against the people of Ukraine. During a briefing, held April 20, 2022, attendees heard from three journalists currently reporting from Ukraine: Oz Katerji, a freelance conflict journalist; Asami Terajima, a journalist with the Kyiv Independent; and Olga Tokariuk, an independent journalist based in Ukraine and a non-resident fellow with CEPA. All of the panelists are journalists currently in Ukraine, whose diverse backgrounds bring important perspectives on the war. The discussion centered on their personal experiences, the contributions their diverse backgrounds bring to their coverage, and the experiences of individual Ukrainians they have encountered during the war. The briefing was moderated by Helsinki Commission Senior Policy Advisor Bakhti Nishanov. Co-Chairman Rep. Steve Cohen (TN-09) opened the hearing by expressing his gratitude and appreciation to the panelists and stressed the importance of listening to voices on the ground in Ukraine. In opening remarks, Nishanov highlighted the rampant deceit surrounding narratives on the war in Ukraine and emphasized the purpose of the briefing: to spotlight diverse voices reporting in Ukraine, to listen to their stories, and to respond with action. Oz Katerji gave an account of the horrifying tactics utilized by the Russian military in Syria, which are now being repeated in Ukraine. He stated that Putin has been given impunity for decades in response to Russian aggression in Syria, Georgia, Chechnya, and now in Ukraine. “Syria was the opening shot and Ukraine is the continuation of Putin’s war of expansion into Europe,” he said, “Putin won’t stop unless he is stopped.” Asami Terajima shared a moving account of the Ukrainian people’s spirit and resilience, and denounced claims of Nazism in Ukraine as absurd. She described Ukrainians as brave, freedom-loving people and said that even in such difficulty, they are already rebuilding their lives as best they can. Olga Tokariuk reiterated the danger faced by all those in Ukraine, whether in the eastern or western regions. Russia has attacked Lviv and injured dozens in the region, in addition to the massive human rights violations it already has committed in every region of Ukraine. Tokariuk warned that unless Russia is stopped, it will continue to perpetrate genocide on a massive scale in Ukraine. She said, “Russia will not stop in Donbas…No one in Ukraine is safe or can be safe unless Russia is defeated and Ukraine wins this war.” Attendees raised a number of questions to the panelists, ranging from the logistics of transporting military equipment to the value of counteracting propaganda within Russia. Related Information Panelist Biographies Oz Katerji: "In the Liberated Kyiv Suburbs, Two Tales of War Emerge" Olga Tokariuk: "Syrian Doctors Are Teaching Ukrainians How to Prepare for Chemical Attacks"
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Journalists paint troubling picture of Russian war in Ukraine: 'It's light versus darkness'Wednesday, April 20, 2022
An independent U.S. commission heard vivid descriptions on Wednesday about what it's like to be on the ground in Ukraine for journalists who are responsible for keeping the world updated on Russia's bloody war. In testimony before the independent Commission on Security and Cooperation in Europe, multiple Ukraine-based journalists communicated how Moscow is indiscriminately attacking troops and civilians there and destroying cities. Ukraine is one of the most dangerous assignments in the world for reporters and several have already been killed there since Russia invaded the former Soviet republic on Feb. 24. The CSCE, also known as the Helsinki Commission, heard about the journalists' personal experiences and stories they have encountered in the battle-scarred country for the past eight weeks. Independent Ukrainian journalist Olga Tokariuk said she fled to western Ukraine just days after the fighting began and that she fears what Russia's war could mean for the future of the country, which declared its independence after the fall of the Soviet Union in 1991. "If Russia is not stopped -- if Russia is allowed to take more Ukrainian territory, this will happen everywhere," she told the commission. "Russia will perpetuate genocide on a massive scale. "No one in Ukraine can be safe unless Russia is defeated." Tokariuk added that most of the journalists she knows in Ukraine may have underestimated the danger initially. "Ukrainians had freedom of speech, freedom of press," she said. "We had the feeling that we were part of the free world." Tokariuk described grisly human rights violations in parts of Ukraine, particularly in the east -- including kidnappings, disappearances and forced deportations to Russia. The CSCE -- an independent government agency formed in 1975 to monitor security conditions in Europe -- says that at least seven journalists have been killed so far in Ukraine since the war began. The commission is comprised of several lawmakers from the House and Senate and normally includes three executive members from the departments of Defense, Commerce and State. Those seats are presently vacant. Asami Terajima, a Kyiv Independent journalist, told the lawmakers that she moved to Ukraine when she was 10. "Every single day as the war continues, more Ukrainian civilians are dying and more cities are being destroyed," she said, emphasizing that Russia is not targeting only Ukrainian troops. Freelance conflict reporter Oz Katerji told the commission that although Ukrainian fighters have been successful repelling Russian advances, they need weapons and equipment that will "strike fear in the hearts" of Russian troops. "This is democracy versus totalitarianism," he said. "It's light versus darkness." Evgeny Sakun, a Ukrainian cameraman working for Kyiv Live TV, was the first journalist to be killed after the invasion when Russian missiles struck the television tower in Kyiv on March 1. Award-winning video journalist and documentary filmmaker Brent Renaud was killed in Irpin on March 13 and an attack on a Fox News camera crew near Kyiv killed Irish reporter Pierre Zakrzewski, a cameraman and Ukrainian reporter-producer Oleksandra Kuvshynova a day later. Late last month, journalist Oksana Baulina was killed in Kyiv by a "kamikaze drone" while working for Latvia-based Russian online investigative media outlet The Insider. Jeanne Cavelier, head of Reporters Without Borders' Eastern Europe and Central Asia desk, said a few weeks ago that a quarter of all journalists who have died worldwide in 2022 were killed in Ukraine within the first month of fighting. "As their reporting is essential in order to understand the war in Ukraine and attacking journalists is a war crime under international law, we call on the Russian and Ukrainian authorities to guarantee their safety on the ground," Cavelier said in a statement. Ukraine is ranked 97th out of 180 countries in Reporters Without Borders' 2021 World Press Freedom Index. Russia is ranked 150th. "Journalists in Ukraine risk their lives daily to report the reality of war," the CSCE said in a statement before Wednesday's hearing. "Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions."
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Biden administration urged to ban UK lawyers who ‘enabled’ oligarchsTuesday, April 19, 2022
A member of Congress has urged the Biden administration to place travel bans on senior British lawyers that acted for wealthy Russian clients against investigative journalists. Steve Cohen, a Democratic representative from Tennessee, has written to Antony Blinken, the US secretary of state, urging him to sanction the lawyers for having “enabled malign activities of Russian oligarchs”. His letter comes as the Biden administration looks to increase its support for Ukraine in its war against Russia and tighten sanctions against those who have supported the Russian regime. Cohen wrote: “Oligarchs who hire lawyers to engage in abusive cases against journalists to silence them cannot exert malign influence in our system . . . the United States must establish deterrents for foreign enablers serving individuals who are undermining democracy.” The state department did not respond to a request for comment. Cohen singled out several lawyers he believed should be subject to bans on visas for travel to the US: Nigel Tait of Carter-Ruck; John Kelly of Harbottle & Lewis; barrister Hugh Tomlinson; Geraldine Proudler of CMS; Keith Schilling of Schillings; and Shlomo Rechtschaffen of SR law. Each of the lawyers is well known in London legal circles, with firms like Carter-Ruck and Schillings having established strong reputations in defamation law and reputation management. Tait, Kelly, Tomlinson and Proudler all worked on recent cases against the former Financial Times journalist Catherine Belton or her publisher HarperCollins, or both. Belton and HarperCollins were sued last year by several Russian oligarchs including Roman Abramovich over her book Putin’s People, which details the rise to power of Russia’s president Vladimir Putin. The lawsuits were later settled or withdrawn. Cohen cited Schillings’ work for Malaysian businessman and fugitive Jho Low. British ministers have expressed concern over the way in which UK courts are used by wealthy foreigners to launch libel cases. Dominic Raab, the justice secretary, last month set out proposals to limit any so-called Strategic Lawsuits Against Public Participation. Also in March Bob Seely, the MP for the Isle of Wight, used parliamentary privilege to claim “amoral” City lawyers were teaming up with “Putin’s henchmen” to offer “legalised intimidation”. A spokesperson for Tomlinson said: “Regulatory rules for lawyers are very strict and work to ensure equal entitlement to independent legal advice. Mr Tomlinson acted properly and in accordance with those rules throughout and has never acted as Mr Cohen suggests.” Tait’s firm Carter-Ruck said: “The claims made against Carter-Ruck are misconceived and are rejected entirely. In addition to other matters, we are not working for any Russian individuals, companies or entities seeking to challenge, overturn, frustrate or minimise sanctions.” It added: “We are not acting for, and will not be acting for, any individual, company or entity associated with the Putin regime in any matter or context, whether sanctions-related or otherwise, and will continue to conduct all ‘know your client’ checks in accordance with all applicable laws and regulations, as we have always done.” Cohen cited Rechtschaffen for his representation of Israeli-British businessman Walter Soriano, who he alleged was an “enabler” of certain oligarchs including Abramovich. Rechtschaffen said: “Walter Soriano is not an enabler of any oligarch . . . The English courts have said that the claim against Mr Stedman is not abusive.” Harbottle & Lewis said the firm had “acted at all time in accordance with its professional and legal obligations, and takes these matters very seriously”. Schillings said the firm did not act for any sanctioned entities and could not comment on client matters. It added that Cohen’s allegations were “wholly misplaced” and “misinformed”. It said the firm had upheld “the highest traditions of the legal profession”. Proudler’s firm CMS said it rejected Cohen’s allegations, adding that Proudler and the firm had been “compliant with all professional regulations”. “As we have said since the invasion of Ukraine, CMS is no longer accepting new instructions from Russian based entities or from any individuals with connections to the Russian government.”
Journalists Reporting from Ukraine to Speak at Helsinki Commission BriefingWednesday, April 13, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online staff briefing: DIVERSE VOICES REPORTING FROM UKRAINE Wednesday, April 20, 2022 10:00 a.m. Register: https://bit.ly/3E89IZX Journalists in Ukraine risk their lives daily to report the reality of war. Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions. So far, at least seven journalists have been killed, and others injured, while covering Russia's genocidal war against the people of Ukraine. This briefing will convene journalists currently in Ukraine, whose diverse backgrounds bring important perspectives on the war. The discussion will center on their personal experiences and those of individual Ukrainians they have encountered during the war. The following panelists are scheduled to participate: Oz Katerji, Freelance conflict journalist Asami Terajima, Journalist, Kyiv Independent Olga Tokariuk, Independent journalist based in Ukraine; Non-Resident Fellow, CEPA
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Outrage and Worry: Kremlin Critic's Arrest Heightens Concerns Of Putin's CrackdownWednesday, April 13, 2022
Russian opposition politician and Washington Post contributor Vladimir Kara-Murza was detained by Russian authorities in Moscow on Monday, hours after calling the Kremlin “not just corrupt” or “authoritarian” but a “regime of murderers” in a CNN+ interview—a development that has only heightened concerns about the threat of speaking out against Vladimir Putin. “I think a lot of people are very worried about what's going to happen next,” CNN+ anchor Sara Sidner, who conducted the interview, told CNN’s John Berman on Tuesday. On Wednesday, CNN’s Brian Stelter asked Sidner whether she feels any guilt. “Sure. A little bit," she replied. "I think it’s more nervousness because I know that he was the one that disclosed where he was." In his interview with CNN+, Kara-Murza acknowledged the risk he was taking, and is personally familiar with Putin's brutal tactics. His close friend and associate Boris Nemtsov, a former Russian deputy prime minister turned fierce Putin critic, was shot dead in 2015, and Kara-Murza himself has survived two poisonings, both of which left him in a coma, that he has blamed on the Kremlin. While many dissidents have fled Russia amid Putin’s latest crackdown on independent media, Kara-Murza is among few who have stayed. And he has continued to criticize Putin’s unprovoked invasion of Ukraine despite facing up to 15 years in prison for doing so under the Kremlin’s draconian new law. “This is where I have to be,” Kara-Murza told MSNBC’s Ali Velshi in an interview Sunday. “We all know the price.” Asked what kinds of considerations CNN made before airing Kara-Murza’s interview, a CNN spokesperson pointed Vanity Fair to Sidner's comments on Tuesday and Wednesday. MSNBC did not immediately respond to a request for comment. On Tuesday, a day after he was reportedly arrested outside his home on charges of disobeying the police, the political activist and journalist was sentenced to 15 days in jail. The same day, the Post published an editorial commending Kara-Murza’s willingness to publicly speak out against the Kremlin in columns for the Post and elsewhere, and called for his release. “What is abundantly clear is that Mr. Putin has once again put a critic in his crosshairs, every day sinking Russia deeper into totalitarianism, intolerant of free thought or dissent,” the Editorial Board wrote. Post publisher Fred Ryan also demanded Kara-Murza’s immediate release in a statement that called his detention the latest in Putin’s ongoing effort to “hide the truth about the atrocities Putin is committing in the Russian people’s name.” Kara-Murza’s detention is also prompting outrage in Washington. Leaders of the Helsinki Commission, an agency that heard from Kara-Murza last month at its hearing about Putin’s “war on truth,” were “alarmed” by Kara-Murza’s detention, according to a joint statement issued by Sen. Ben Cardin, Co-Chairman Rep. Steve Cohen, and Ranking Members Sen. Roger Wicker and Rep. Joe Wilson. “Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people,” they wrote, demanding he “be allowed access to his lawyer and should be released immediately.” Authorities have denied Kara-Murza access to legal counsel in violation of his constitutional rights, the Commission's press release said. The poisonings that Kara-Murza endured in 2015 and 2017, he said, were reprisals by the Kremlin for his advocacy of Western sanctions against the Russian government—accusations the Kremlin has denied, but that the Post notes are bolstered by “investigations by independent organizations [which] found that he had been followed by members of the same federal agency that allegedly poisoned jailed Kremlin critic Alexei Navalny and at least three other opposition figures.”
Co-Chairman Cohen Welcomes Conclusion of First Round of French Presidential ElectionsTuesday, April 12, 2022
WASHINGTON—Following the first round of presidential elections in France on April 10, Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) issued the following statement: “As co-chairman of the bipartisan U.S. Helsinki Commission, I congratulate the French people for making their voices heard on Sunday during the first round of their presidential elections. France is among the world’s most long-standing democracies, America’s oldest ally, and a vital voice in Europe and around the world for our common liberal values. “Those same values are under unprecedented and brutal assault by Russia in Ukraine. As we look ahead to the second round of elections later this month, I am confident that the French people will choose their leaders based on the strength of their principles, and reject apologia and disinformation on behalf of dictators like Russia’s Vladimir Putin. “Putin has no principles beyond conquest and banditry, as Russia’s illegal war against Ukraine and its uncivilized campaign of atrocity there attest. The Kremlin’s imperial war in Ukraine is inseparable from the totalitarian regime it has erected at home, along with the destruction of the last vestiges of civil society and press freedom, and its efforts to undermine trust in Western governments—including in great democracies like France. “I have faith in France’s powerful democracy, and offer my warmest wishes to the French people as we continue our rich friendship based on common values and in defiance of tyrants and demagogues.”
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Helsinki Commission Calls for the Immediate Release of a Vocal Kremlin Critic Detained in MoscowTuesday, April 12, 2022
Western officials are calling for Russian authorities to release a prominent opposition activist and critic of the invasion of Ukraine after reports of his arrest emerged Monday. The activist, Vladimir Kara-Murza, has since been sentenced to 15 days in jail on the charge of disobeying a police order. The police detained Kara-Murza on the street near his Moscow home, according to the Helsinki Commission, a U.S. government agency focused on security and human rights. His lawyer told the independent news outlet Sota that he had been detained, and activist Ilya Yashin also confirmed news of Kara-Murza's arrest on Twitter. Kara-Murza's lawyer, Vadim Prokhorov, said his client was arrested on charges of disobeying police orders and faced up to 15 days in jail or a small fine, The Guardian reports. Secretary of State Antony Blinken tweeted Monday that the U.S. is "troubled" by Kara-Murza's detention. "We are monitoring this situation closely and urge his immediate release," he added. His lawyer promises to appeal the sentence The Khamovniki district court in Moscow sentenced Kara-Murza to 15 days in jail at a hearing on Tuesday, according to Prokhorov. Prokhorov wrote on Facebook that police say Kara-Murza "behaved erratically after seeing police officers, changed the trajectory of his movement, quickened his pace and responded to the demand to stop by trying to flee," according to an English translation. He rejects this claim, saying instead that police were waiting for Kara-Murza at the entrance to his home and detained him as soon as he got out of his car. Prokhorov vowed to appeal the sentence. Both the Free Russia Foundation and Helsinki Commission allege that authorities denied Kara-Murza access to legal counsel — in violation of his rights — while he was being held in a Moscow police station ahead of his hearing. They are among those calling for his immediate release. "Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people. He must be allowed access to his lawyer and should be released immediately," reads a joint statement by Helsinki Commission Chairman Sen. Ben Cardin, co-chairman Rep. Steve Cohen and ranking members Sen. Roger Wicker and Rep. Joe Wilson. The longtime Kremlin critic has been speaking out against censorship and the war Kara-Murza is a vocal critic of the Kremlin who held leadership roles in Open Russia and the Free Russia Foundation, organizations that the Russian government has deemed "undesirable." Kara-Murza also hosted a weekly program on the since-shuttered Echo of Moscow radio station and writes columns for The Washington Post. Notably, he fell seriously ill in Moscow in 2015 and 2017 in incidents of suspected poisoning that he blames on the Russian authorities. "Given the sophisticated type of poison, I think it's people who have been or are connected with the Russian special services," he told NPR in 2017. Kara-Murza was also close friends with Boris Nemtsov — a former Russian deputy prime minister-turned-vocal Kremlin critic who was shot dead in Moscow in 2015 — and the late U.S. Sen. John McCain, at whose funeral he served as a pallbearer. Kara-Murza has spoken out against Russia's war in Ukraine in recent weeks. He testified at a March 29 Helsinki Commission hearing and, in his opening remarks, described what he called two parallel wars launched by Russian President Vladimir Putin the previous month. "One, which continues to this day, was his unprovoked and unlawful aggression against Ukraine," he said. "The other, which was concluded effectively and swiftly, was his blitzkrieg against what remained of independent media in Russia." As Kara-Murza noted, Russians who speak out against the war — and even use that term to describe it — can face up to 15 years in prison, under a restrictive new law that has prompted an exodus of independent journalists and foreign media from the country for fear of prosecution. Kara-Murza has continued doing interviews with Western outlets and spoke to CNN just hours before his arrest. In that conversation, he referred to the Russian government as "a regime of murderers" and explained why he was staying in Moscow despite the risks. "Look, I'm a Russian politician — I have to be in Russia, it's my home country," he said. "I think the biggest gift ... those of us who are in opposition to Putin's regime could give to the Kremlin would be just to give up and run. And that's all they want from us."
Helsinki Commission Leaders Alarmed by Detention of Vladimir Kara-MurzaMonday, April 11, 2022
WASHINGTON—Following Monday’s arrest of prominent pro-democracy Russian statesman and outspoken Kremlin critic Vladimir Kara-Murza, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We are alarmed to learn that Vladimir Kara-Murza has been detained in Moscow. Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people. He must be allowed access to his lawyer and should be released immediately.” On April 11, Vladimir Kara-Murza was detained on the street near his Moscow home. He currently is being held in the Khamovniki police station in the Central Administrative District of Moscow, where authorities have denied him access to his legal counsel in violation of his constitutional rights. Reports indicate that he has been charged with an administrative offense. It remains unclear if he is undergoing interrogation while in custody. His trial is scheduled for April 12. Mr. Kara-Murza was poisoned twice by the Kremlin in 2015 and 2017. On March 29, he testified at a Helsinki Commission hearing examining Russian dictator Vladimir Putin’s war on truth, where witnesses discussed the Kremlin’s use of propaganda and censorship. “Those who speak out against this war are now liable for criminal prosecution,” he said.
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Helsinki Commission Calls on Russia to Release 'True Patriot' Kara-MurzaMonday, April 11, 2022
A U.S. human rights monitor is calling for the release of journalist Vladimir Kara-Murza, a prominent Russian opposition figure who has spoken out against what he has called his government's crackdown on dissent. The U.S. Helsinki Commission on Monday raised alarm over the detention of Kara-Murza in Moscow a month after he outlined the Kremlin's increased use of propaganda and censorship. His arrest is the latest report of authorities attempting to silence critics since Russian President Vladimir Putin launched his invasion of Ukraine in February. "We are alarmed to learn that Vladimir Kara-Murza has been detained in Moscow. Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people," the commission said in a statement. "He must be allowed access to his lawyer and should be released immediately." The commission, a U.S. government agency comprised of members of Congress and representatives from federal agencies, heard testimony from Kara-Murza who described how the Russian government has used disinformation and the growing struggles of independent media outlets. The Russian government in March enacted new restrictions, criminalizing media from using the word "invasion" to describe the conflict in Ukraine. Those who violate them could face up to 15 years in prison. Speaking before the commission, Kara-Murza said that following the invasion, Putin moved swiftly against "what remained of independent media in Russia." Kara-Murza said that within days, authorities shuttered independent outlets, including Echo of Moscow, a radio station where he hosted a weekly program. He also pointed to how the Russian government has blocked access to social media networks. Other news outlets, such as highly respected Novaya Gazeta, ceased publication because of censorship, he said. Calling many Russians "brainwashed," he said many are not even aware of potential war crimes their government is alleged to have committed in Ukraine. "Today, most Russians are in an Orwellian parallel reality created by the Kremlin propaganda machine," Kara-Murza told the commission. "And I mean, Orwellian in the literal sense, what's being said on Russian state television might as well have come out of George Orwell's 1984: 'War is peace. Freedom is slavery. Ignorance is strength.'" Since Russia's new censorship laws have gone into effect, reports have emerged of students or parents turning in teachers who spoke disapprovingly of the war. Nobel Prize laureate and editor-in-chief of Novaya Gazeta, Dmitry Muratov, was attacked on a train. Russian authorities have also threatened Wikipedia with a nearly $50,000 fine for refusing to delete "illegal information." Kara-Murza, an author and politician who was repeatedly poisoned, has continued speaking out despite his arrest, making an appearance on MSNBC on Sunday.
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Russia Critics Press Congress for Curbing Moscow's Role in International GroupsWednesday, April 06, 2022
Critics of Moscow pressed lawmakers to sever remaining international connections with Moscow and punish what they called enablers of Russian President Vladimir Putin’s government—including Russian tycoons. “We recognize that the oligarchs are the appendages of Mr. Putin’s mafia state,” said Sen. Ben Cardin (D., Md.), the co-chairman of the Commission on Security and Cooperation in Europe, known as the Helsinki Commission, which held a hearing Wednesday on Russia's financial ties abroad. “I can’t wait to see police tape around mansions in Miami," said Sen. Sheldon Whitehouse (D., R.I.). Witnesses before the commission, a U.S. agency that has frequently scrutinized Moscow, sought to portray Russian billionaires and their network of lawyers and agents in the West as little different from Russian government employees and its lawyers abroad. Bill Browder, a prominent critic of the Kremlin’s human-rights record, called on the U.S. to withdraw from the mutual legal-assistance treaty that allows U.S. and Russian law enforcement to cooperate on investigations and secure witness testimony. Western countries should ban lawyers paid by the Russian government in one country from traveling to their countries, he said. The Kremlin used the Interpol international law-enforcement network in an effort to arrest Mr. Browder after his lawyer died in a Russian prison in 2009. Mr. Browder, who founded investment fund Hermitage Capital, said the U.S. and partner countries should seek to remove Moscow from Interpol or “basically threaten the funding of Interpol if Russia is not expelled.” Mr. Browder was the largest private investor in Russia until his expulsion from that country in 2005. Moscow should also lose its membership and face blacklisting by the Financial Action Task Force, a Paris-based intergovernmental body that audits the ability of nations to detect and disrupt illicit finance, said Daria Kaleniuk, co-founder of the Anti-Corruption Action Center in Ukraine. Mr. Browder and Ms. Kaleniuk were among five witnesses at the hearing.
Putin's War on TruthTuesday, March 29, 2022
Since his full-scale military attack on Ukraine began on February 24, Russian dictator Vladimir Putin has cracked down severely on Russia’s information landscape. In addition to blocking access to almost all social media outlets and international news sites and criminalizing speech that does not conform to the Kremlin narrative, Putin has deliberately and forcefully spread propaganda about the war and the Ukrainian state and people. By depriving the Russian people of access to credible information and controlling state-run media, Putin aims to drum up domestic support for his war of pure aggression on the peaceful, democratic citizens of Ukraine. At a hearing on March 29, 2022, the U.S. Helsinki Commission heard from three expert witnesses who discussed Putin’s propaganda tools and narratives and offered recommendations for the United States to help ensure that the people of Russia are not cut off from the truth. Parliamentarians from the OSCE Parliamentary Assembly (PA) also attended, including President of the OSCE PA Margareta Cederfelt (Sweden), and OSCE PA Vice Presidents Pascal Allizard (France) and Irene Charalambides (Cyprus). Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), who presided over the hearing, compared Putin’s current propaganda and censorship campaigns and practices to the Stalin era and called out claims that Russia is trying to “denazify” Ukraine. “Putin is building a new iron curtain and attempts to justify his indefensible war and continued attacks against the Ukrainian people,” he said. Helsinki Commission Chairman Sen. Ben Cardin (MD) described recent and upcoming hearings, emphasizing the Helsinki Commission’s focus on the war in Ukraine. He stated, “There’s no higher priority that we have right now than to deal with what Russia has done in violating every single principle of the Helsinki Final Act – every single principle.” Ranking Member Rep. Joe Wilson (SC-02) praised the unified bipartisan stance that Republicans and Democrats have taken in response to Putin’s invasion of Ukraine and highlighted the dire consequences ordinary Russians have faced in speaking out against Putin or the war. “I am particularly grateful to the brave Russians… armed only with truth who have spoken out at great risk to their personal safety,” he said. Senator Richard Blumenthal (CT) remarked on the intrinsic connection between the war in Ukraine and the war on truth in Russia, emphasizing that as the West fortifies Ukrainian freedom-fighters with arms and equipment, we must also fortify the efforts of truth-tellers. Fatima Tlis, a journalist with Voice of America, described contemporary Russian propaganda as a combination of old techniques and new technology, comparing disinformation deployed by the Kremlin to a soap opera—intriguing and engaging to the audience. Tlis emphasized that full force propaganda has been deployed against the Russian people for decades and it will require an intelligent strategy to counteract it. She recommended utilizing humor, referencing a satirical TV show that Putin shut down shortly after coming to power. “He’s afraid of being laughed at because, you know, the great czar cannot be laughed at,” she observed. “He loses his power. People are not afraid of him anymore if they can laugh at him.” Peter Pomerantsev, a senior fellow at the SNF Agora Institute at Johns Hopkins University, described the need for a coordinated, three-pronged response to Russian propaganda by government entities, tech companies, and media. While Russia is the most pressing challenge, Pomerantsev pointed out that China, Saudi Arabia, and other countries are also engaging in these practices. He called for comprehensive action to combat the Russian disinformation complex and said, “Where they have troll farms, we will have online town halls. Where they use disinformation to manipulate people, we will use communication to engage with them as citizens.” Vladimir Kara-Murza, Russian journalist, author, and former host at Echo of Moscow Radio, spoke to the comprehensive program of disinformation that Putin has installed in Russia from his first days in office, and highlighted the difficulties independent media outlets in Russia face, including being forced to cease operations. He also recalled the Soviet-era example of using radio broadcasts to combat a new information Iron Curtain. “Nothing beats totalitarian propaganda better than the truth,” he said. Members brought a number of concerns and questions to witnesses, ranging from how to support Russian dissidents, to which techniques would be the most effective in distributing accurate information to Russian citizens. Related Information Witness Biographies Vladimir Kara-Murza: "Why the West should help Russians learn the truth about Putin’s war in Ukraine"
Numerous international documents, including those adopted by the Organization for Security and Cooperation in Europe (OSCE), establish freedom of expression as a fundamental right. The right to free speech, however, is not absolute. Consistent with international law, certain kinds of speech, such as obscenity, may be prohibited or regulated. When governments restrict speech, however, those restrictions must be consistent with their international obligations and commitments; for example, the restrictions must be necessary in a democratic country and proscribed by law. Criminal defamation and “insult” laws are often defended as necessary to prevent alleged abuses of freedom of expression. They are not, however, consistent with OSCE norms and their use constitutes an infringement on the fundamental right to free speech.
Criminal Defamation Laws
All individuals, including public officials, have a legitimate right to protect their reputations if untruthful statements have been made about them. Untrue statements which damage a person’s reputation constitute defamation. Oral defamation is known as slander; defamation in writing or other permanent forms such as film is libel. In some instances, criminal codes make defamation of public officials, the nation, or government organs a discrete offense, as distinct from defamation of a person. Truthful statements – as well as unverifiable statements of opinion – are not legally actionable as defamation. Indeed, the European Court of Human Rights has held that public officials must tolerate a greater degree of criticism than private individuals: “The limits of acceptable criticism are accordingly wider as regards a politician as such than as regards a private individual. Unlike the latter, the former inevitably and knowingly lays himself open to close scrutiny of his every word and deed by both journalists and the public at large, and he must consequently display a greater degree of tolerance.” (Lingens v. Austria, Eur. Ct. H.R., 1986.)
Criminal defamation laws are those which establish criminal sanctions for defamation. Those sanctions may include imprisonment, fines, and prohibitions on writing. Individuals convicted of defamation in a criminal proceeding and sentenced to suspended prison terms may be subjected to the threat of immediate imprisonment if, for example, they violate an order not to publish. The existence of a criminal record may also have other social and legal consequences. In a criminal defamation case, state law enforcement agents (police and prosecutors) act, using taxpayer money, to investigate the alleged defamation and to act on behalf of the alleged victim. It is sometimes argued that criminal defamation laws are necessary to achieve the legitimate goal of providing the victims of defamation with redress. But general laws against libel and slander, embodied in civil codes, provide private persons as well as public officials the opportunity to seek redress, including damages, for alleged defamation. In such cases, the plaintiff and defendant stand in court as equals. Accordingly, specific criminal laws prohibiting defamation are unnecessary.
"Insult" laws make offending the "honor and dignity" of public officials (e.g., the President), government offices (e.g., the Constitutional Court), national institutions, and/or the “state” itself punishable. Unlike defamation laws, truth is not a defense to a charge of insult. Accordingly, insult laws are often used to punish the utterance of truthful statements, as well as opinions, satire, invective, and even humor. Although insult laws and criminal defamation laws both punish speech, significant differences exist between them. Defamation laws are intended to provide a remedy against false assertions of fact. Truthful statements, as well as opinion, are not actionable. The use of civil laws to punish defamation is permissible under international free speech norms. The use of criminal sanctions to punish defamation, however, chills free speech, is subject to abuse (through the use of state law enforcement agents), and is inconsistent with international norms. In contrast, recourse to any insult law, whether embodied in a civil or a criminal code, is inconsistent with international norms. Their Use Today
At one time, almost all OSCE countries had criminal defamation and insult laws. Over time, these laws have been repealed, invalidated by courts, or fallen into disuse in many OSCE participating States. Unfortunately, many criminal codes contained multiple articles punishing defamation and insult. Thus, even when parliaments and courts have acted, they have sometimes failed to remove all legal prohibitions against insult or all criminal sanctions for defamation. In communist countries and other anti-democratic regimes, such laws are often used to target political opponents of the government. Today, when insult and criminal defamation laws are used, they are most often used to punish mere criticism of government policies or public officials, to stifle political discussion, and to squelch news and discussion that governments would rather avoid. It is relatively rare for a private individual (someone who is not a public official, elected representative, or person of means and influence) to persuade law enforcement representatives to use the tax money of the public to protect their reputations. In some OSCE countries, such laws are still used to systematically punish political opponents of the regime. Even in countries where these laws have fallen into a long period of disuse, it is not unheard of for an overzealous prosecutor to revive them for seemingly political purposes. The International Context
Numerous non-governmental organizations have taken strong positions against criminal defamation and insult laws. These include Amnesty International; Article 19; the Committee to Protect Journalists; national Helsinki Committees such as the Bulgarian Helsinki Committee, Croatian Helsinki Committee, Greek Helsinki Committee, Romanian Helsinki Committee and Slovak Helsinki Committee; the International Helsinki Federation; The World Press Freedom Committee; Norwegian Forum for Freedom of Expression; national chapters of PEN; and Reporters Sans Frontières. Moreover, the UN Special Rapporteur on Freedom of Opinion and Expression, the OSCE Representative on Freedom of the Media, and the Organization of American States Special Rapporteur on Freedom of Expression issued a joint statement in February 2000 which included the following conclusions, based on relevant international norms:
- “Expression should not be criminalized unless it poses a clear risk of serious harm. . . . Examples of this are laws prohibiting the publication of false news and sedition laws. . . . These laws should be repealed.”
- “Criminal defamation laws should be abolished.”
- “Civil defamation laws should respect the following principles: public bodies should not be able to bring defamation actions; truth should always be available as a defense; politicians and public officials should have to tolerate a greater degree of criticism. . . .”
Finally, the United States Department of State regularly reports, in its annual Country Reports on Human Rights Practices, on cases where criminal defamation or insult laws have been used and, at OSCE meetings, regularly calls for the repeal of such laws. Recent Free Speech Cases in the Czech Republic
Although the Czech Constitutional Court and the Parliament acted (in 1994 and 1997, respectively) to reduce the number of articles in the penal code under which one may be convicted for speech offenses, there has been no discernable decrease over the past decade in the volume of cases threatened or actually brought under the remaining provisions of law which permit criminal prosecution for one’s speech.
The following summary, based on available reports, describes cases that were at some stage of investigation or legal proceeding during 2001:
- In December 2001, police asked that the parliamentary immunity of MP Ivan Langer be lifted in order to permit them to bring a charge against him of defaming businessman Peter Kovarcik.
- Czech Prime Minister Milos Zeman threatened in October 2001 to have criminal defamation charges brought against Peter Holub, editor of the political weekly Respekt, in an explicit effort to bankrupt the paper and force its closure. Zeman’s threats followed the paper’s reporting on corruption in the Czech Republic. Holub, in turn, accused Zeman of incitement to hatred of a group of people. This case has generated broad international condemnation.
- On October 23, 2001, Frantisek Zamencnik, former editor-in-chief of Nove Bruntalsko, was sentenced to sixteen months in prison for criminal defamation in connection with his remarks regarding Bruntal Mayor Petr Krejci, Social Democrat Deputy Jaroslav Palas, and Ludmila Navarova, editor of a rival newspaper. Zamencnik had been convicted of criminal defamation twice before, but in those cases he was sentenced to suspended prison terms. The World Association of Newspapers has protested his most recent conviction and sentence.
- On September 27, 2000, police charged Vratislav Sima, formerly an advisor to Prime Minister Milos Zeman, with criminal defamation in connection with his alleged role in an effort to discredit Social Democrat Chairwoman Petra Buzkova. Subsequently, Jiri Kubik and Sabina Slonkova, two journalists from Mlada fronta dnes, were charged with abetting a crime, a violation of article 166 of the penal code. (The underlying “crime” in this instance was Sima’s alleged defamation of Buzkova, a charge that in and of itself violated international norms.)
- In October 2000, President Havel pardoned the two journalists, although the journalists subsequently called for the case to go to trial in order to establish a legal precedent regarding the right of journalists to protect their sources. The investigation of the journalists therefore continued until March 2001, at which time investigators concluded that Kubik and Slonkova had not committed any crime. The criminal investigation of Sima was not dropped until June 2001.
- In September 2001, Minister of Interior Stanslav Gross announced that he would seek to prosecute Jan Kopal for anti-American statements. Kopal, a far right-wing political figure, reportedly said on September 15, “[a] country like the United States – which committed so much evil in the past, which essentially has been supporting international terrorism and participated in missions like Yugoslavia where innocent civilians were being murdered – does not deserve anything else but such an attack.” Kopal was charged with violating article 165 of the penal code (approving a criminal offense), punishable by one year in prison. (Interestingly, Gross had previously made remarks associating Kopal’s party with neo-Nazis and fascists, prompting Kopal to seek to have criminal charges brought against Gross in December 2000 for 1) defamation, 2) spreading false alarm, and 3) defamation of a nation, its language or a race or a group of inhabitants in the Republic because of their political conviction, religion or lack of religious faith.) Journalist Tomas Pecina, while stating that he disapproved of Kopal’s remarks, then asserted that he had to associate himself with Kopal’s remarks for the sake of defending Kopal’s right to free speech. On December 6, Pecina was arrested and also charged with approving a criminal offense. (Ironically, an opinion poll conducted in September suggested that a majority of those questioned believe that U.S. foreign policy was one of the causes of the September 11 terrorist attacks.2) At present, the charges against Kopal have reportedly been dropped, but the status of the charges against Pecina is unclear.
- In September 2001, David Pecha, editor of the far left-wing paper Nove Bruntalsko, was indicted for criminal defamation (as well as supporting a movement aimed at suppressing human rights or which promotes national, racial, class or religious hatred, and spreading false alarm). In August 2001, Ministry of Justice Spokesperson Iva Chaloupkova reported that, during the first six months of 2001, seven people were convicted of criminal defamation. Three were given suspended sentences, three were fined, and one received no punishment.
- In July 2001, two reporters from state-owned Czech Television reportedly sought to have criminal defamation charges brought against Vladimir Zelezny, Director of private television NOVA, in connection with Zelezny’s critical remarks about alleged Czech Television practices.
- In May 2001, police reported that they were investigating the possible defamation of former Foreign Minister Josef Zielenic by current Foreign Minister Jan Kavan and Prime Minister Milos Zeman. In the same month, journalist Tomas Pecina was fined for failing to respond to police summonses for interrogation in connection with his articles criticizing police behavior. Miroslav Stejskal, Deputy Director of the Municipal Police force in Prague district 1, has reportedly begun an investigation of Pecina for the same writings.
- On May 20 and August 24, 2001, Vilem Barak was interrogated on suspicion of having committed the crime of incitement not to fulfill, en masse, an important duty imposed by law (in this case, not to participate in the national census), in violation of article 164 of the penal code. Barak had disseminated leaflets warning that personal information gathered by the 2001 census would be insufficiently safeguarded and urging a boycott of the census.
- In January 1998, police in Olomouc arrested and handcuffed television NOVA journalist Zdenek Zukal in connection with his 1997 reporting on alleged corruption in that locality. Zukal was originally charged with criminal defamation under article 206 of the penal code. One day before a presidential amnesty – which would have covered this offense – the charges were reclassified under article 174 and Zukal was charged with falsely accusing another person of a crime with the intent to bring about criminal prosecution of another, an offense that carries a maximum three-year prison sentence or eight years if the court determines the offender has caused substantial damage. No further prosecutorial action was taken until December 1999, when the case was revived. The case was still at trial as of June 2001 and, at the close of 2001, still appears to be before the courts. Amnesty International and the Committee to Protect Journalists have both protested this case.
In the decade since the Velvet Revolution, official censorship has completely ceased and the Czech Republic has witnessed tremendous improvements with respect to freedom of expression. At the same time, some problem areas remain. Leading political figures, such as current Prime Minister Milos Zeman and Speaker of the Parliament Vaclav Klaus (a former Prime Minister) are often openly hostile toward the media. Some politicians resort to criminal defamation charges as a means of silencing their critics; at a minimum, cries of “libel!” and “slander!” are popular substitutes for policy debate.
Finally, there are struggles in Czech society with the issue of “extremist” speech (emanating from both the far-right and the far-left) and the question of what are the acceptable parameters of public discourse. With respect to criminal defamation cases, President Vaclav Havel has pardoned many of those convicted. In other instances, those convicted have been given suspended jail sentences. Because such cases do not result in people actually going to prison for their words, they do not generate as much international scrutiny as, for example, the case of Zamencnik.
Nevertheless, the threat of imprisonment, the cost associated with defending oneself in a criminal trial, and restrictions associated with a suspended sentence (e.g., having to report to a parole officer, the possibility of being prohibited to write or publish, the possibility of being sent to jail without a new trial in the event that conditions of the suspended sentence are not met) all serve to chill free speech and the public debate necessary for a vibrant democracy.
Criminal defamation charges, however, are not the only laws used to restrict speech in the Czech Republic. There are also a number of laws that are not, per se, contrary to international norms but which may be used in ways that are inconsistent with the Czech Republic’s international commitments to free speech. One such law is the prohibition against spreading false alarm (article 199). Laws which prohibit “spreading false alarm” are justified as necessary to punish, for example, someone who falsely yells “fire” in a crowded theater or makes false bomb threats over the phone, acts which potentially or actually create a danger to the public and/or public panic.
Such laws, however, are not intended to gag journalists, quash political debate, or silence those who question the safety of the Temelin nuclear power plant. (Article 199 was used as a basis to deport Greenpeace demonstrators in July 2000 and a German environmentalist in March 2001.) Other criminal laws subject to abuse are the prohibition of defamation of a nation, race or group of people (article 197), the prohibition of incitement to hatred of another nation or race (article 198) and the prohibition against supporting a movement aimed at suppressing human rights or promoting national, racial, class or religious hatred (article 260). Such laws are generally justified as necessary to protect the most vulnerable minorities, and those who support them often point to the Czech Republic’s unhappy experiences with fascism and communism.
In addition, those who support such laws sometimes argue they are useful if not necessary tools to address the criticism that the Czech Republic has failed to do enough to combat racially motivated violence against Roma and others. In some cases, however, it appears that these laws are being used in ways that are not compatible with international free speech norms. In November 2001, a prosecutor in the Breclav region charged Roman Catholic Priest Vojtech Protivinsky with defamation of a nation, race, or group of people. In this case, the “group of people” were members of the unreconstructed, hardline Communist Party of Bohemia and Moravia who were offended when Protivinsky actively called on people not to vote for them in upcoming elections. The case was cut short when President Havel pardoned Protivinsky.
In September 2001, David Pecha (case noted above) was charged with supporting a movement aimed at suppressing human rights, defamation and spreading false alarm. In June 2000, Michal Zitko, now 29, was charged with supporting a movement aimed at suppressing the rights and freedoms of citizens. His Prague-based publishing house, Otakar II, had issued a Czech-language edition of Mein Kampf. (Zitko had previously published the U.S. Declaration of Independence and U.S. Constitution.) He was convicted later that year but, in February 2001, a higher court sent the case back to a district court for reconsideration in light of several errors identified by the higher court. In November 2001, Zitko’s conviction was upheld, and he was sentenced to three years in prison, suspended for five years, fined two million crowns, and ordered to report to a probation officer twice a year to prove that he is leading an orderly life.
Zitko, who has portrayed himself as an easy scapegoat for the government’s failure to prevent embarrassments such as the erection of the ghetto wall in Usti nad Labem, is appealing the decision. Sources include: Amnesty International; Article 19; Britske listy; the Committee to Protect Journalists; Czech News Agency; East European Constitutional Review; Freedom in the World (reports published by Freedom House); Index on Censorship; Radio Free Europe/Radio Liberty; and U.S. State Department’s annual Country Reports on Human Rights Practices; World Press Freedom Committee. Relevant Czech Laws
News reports about persons charged with criminal defamation or “insulting” public officials, government offices or national institutions often do not cite the specific legal basis for the charges. In Czech Republic, the laws which appear to give rise to such charges include the following: Article 49 (1) (a) of the Simple Offenses Act provides that anyone who offends another person by insulting or exposing him or her to ridicule may be punished by a fine. Article 154(2) of the Penal Code prohibits gross insults or defamation of an organ of state administration in the exercise of its function or in connection with its function, punishable by up to one year in prison. Article 206 of the Penal Code prohibits the dissemination of false and discrediting information about another person, punishable by up to two years in prison. If the defamation occurs in the broadcast or print media, the punishment may increase to five years. In addition, someone convicted under this article may be banned from working as a journalist. Other Laws of Concern
The laws listed above are, on their face, inconsistent with international free speech norms. In contrast, the laws below are not, per se, in violation of international norms. Rather, they may be applied in a manner that unduly restricts free speech.
- Article 164 of the Penal Code prohibits incitement to commit a criminal act or not to fulfill, en masse, an important duty imposed by law, punishable by up to two years in prison.
- Article 165 of the Penal Code prohibits publicly approving of a crime or praising the perpetrator of a crime, punishable by up to one year in prison.
- Article 166 of the Penal Code prohibits assisting an offender with the intent of enabling the offender to escape prosecution or punishment, punishable by up to three years in prison.
- Article 174 of the Penal Code prohibits falsely accusing another person of a crime with the intent to bring about the criminal prosecution of that person. This crime is punishable by up to three years in prison or up to eight years of a court determines that the offender caused substantial damage.
- Article 197 of the Penal Code prohibits defamation of a nation, its language or a race or a group of inhabitants in the Republic because of their political conviction, religion or lack of religious faith, punishable by up to two years in prison or three years if committed with at least two other people.
- Article 198 of the Penal Code prohibits incitement to hatred of another nation or race or calls for the restriction of the rights and freedoms of other nationals or members of a particular race, punishable by up to two years in prison.
- Article 199 of the Penal Code prohibits intentionally causing the danger of serious agitation among a part of the population by spreading false, alarming information (sometimes translated as “scaremongering”), punishable by up to one year in prison. If the information is transmitted to the mass media, to the police or other state organ, the crime is punishable by up to three years in prison.
- Article 260 of the Penal Code prohibits supporting or propagating a movement aimed at suppressing human rights or which promotes national, racial, class or religious hatred, punishable by up to five years in prison. Punishment may be up to eight years in prison if the offender commits this act using the media, as a member of an organized group, or during a state defense emergency.
- Article 261 of the Penal Code prohibits publicly expressing support for a movement aimed at the suppressing human rights or which promotes national, racial, class or religious hatred, punishable by up to five years in prison.
- Article 261 (a) of the Penal Code prohibits publicly denying or approving or trying to justify Nazi genocide or other communist or Nazi crimes against humanity, punishable by up to three years in prison.
Note: After the dissolution of Czechoslovakia, the Czech Republic and Slovakia both inherited the former federation’s penal code. In the case of the Czech Republic, a new criminal law was adopted in 1993, retaining all the communist-era prohibitions on defamation. In 1994, the Czech Constitutional Court struck down those provisions of Article 102 which prohibited defamation of the parliament, the government, the constitutional court, and public officials. In 1997, Articles 102 (prohibiting defamation of the Republic) and 103 (prohibiting public defamation of the President) were repealed.
(1) In addition to the cases outlined here, news reports describe many other cases where prominent individuals are either the alleged victim or perpetrator of defamation, but the reports do not make clear whether the legal action was based on the civil code or criminal code.
(2) “Poll shows majority of Czechs blame US foreign policy for terror attacks,” Prague CT1 Television in Czech (September 22, 2001). Translation by Foreign Broadcast Information Service, September 23, 2001.