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Fox Business: Sen. Wicker on TurkeyWednesday, July 20, 2016
Following the July 2016 attempted coup in Turkey, Helsinki Commission Co-Chair Senator Roger Wicker joined Fox Business Network to provide his perspective on recent events in the OSCE participating State and NATO Ally. Calling President Erdogan's subsequent actions "very disturbing," Co-Chairman Wicker noted, "There has been an all-out assault not only on the military -- on admirals and generals -- but also on the judiciary, on universities, on religious leaders." In addition to serving as the co-chairman of the Helsinki Commission, Senator Wicker is a senior member of the Senate Armed Services Committee, and chairs the OSCE Parliamentary Assembly (OSCE PA) Committee on Political Affairs and Security.
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.”
NATO’s Warsaw Summit and the Future of European SecurityThursday, June 23, 2016
This briefing, conducted two weeks prior to the NATO summit in Warsaw, discussed the prospects and challenges expected to factor into the negotiations. Key among these were Russian aggression and NATO enlargement, cybersecurity, and instability along NATO's southern border. Mr. Pisarski's testimony focused mainly on the challenge posed by Russian aggression and the role played by NATO's partners in maintaining stability in Eastern Europe. Dr. Binnendijk commented on seven areas he argued the Alliance should make progress on at the Warsaw summit, centering mainly around unity, deterrent capability, and the Alliance's southern strategy. Rear Admiral Gumataotao provided a unique insight into NATO Allied Command Transformation's core tasks and their expectations for Warsaw. The question and answer period featured a comment from Georgian Ambassador Gegeshidze, who spoke about his country's stake in the Summit's conclusions in the context of the ongoing Russian occupation of Abkhazia and South Ossetia.
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.
'Don't let Azerbaijan use political prisoners as props'Friday, April 01, 2016
The Washington Post Don’t let Azerbaijan use political prisoners as props By Khadija Ismayilova Khadija Ismayilova is an investigative journalist and contributor to Radio Free Europe/Radio Liberty’s Azerbaijani service. She has been imprisoned in Azerbaijan since December 2014. I am writing this letter from jail in Baku, Azerbaijan, where I’m serving a 7½ -year sentence for a crime I never committed. I am a journalist and my only “crime” was to investigate high-level corruption within the government and family of Azeri President Ilham Aliyev . Aliyev inherited power from his father in 2003 and changed the constitution in 2009 so he could stay in power indefinitely. He has been called an enemy of the press by international watchdogs, while abusing other fundamental freedoms and violating people’s right to truth and decency. Aliyev is in Washington this week to attend the Nuclear Security Summit that began Thursday. To get an invitation to this event from President Obama, he had to pardon several political prisoners. A lthough they have been released from jail, they remain confined within the country, barred from leaving, and justice has not been restored. This is a very costly invitation for Aliyev, who for years refused to accept international pressure or criticism on this issue. His response was, always, that Azerbaijan doesn’t have political prisoners. In December, Rep. Christopher H. Smith (R-N.J.) introduced the Azerbaijan Democracy Act to recognize Azerbaijan’s violations of human rights and freedoms and to hold individual officials accountable. It must pass. But why were some of the political prisoners suddenly set free? What has changed? Aliyev needed these prisoners so that in exchange for their release, he could shake hands with Obama or get a loan from the World Bank to finance his failing currency and crippled economy after the sudden fall of oil prices. Aliyev is shamelessly trying to use political prisoners as bargaining chips to advance his foreign policy agenda. And they are supposed to be happy that they were freed. I am happy — very happy — that some political prisoners have been released. But their fights, and mine, are not over. I am not a toy to be exchanged for diplomatic gain by Baku or Washington so that officials can continue to pretend that it is business as usual. We are hostages of the regime, whether we are inside or outside of prison. Freedom is my universal and constitutional right, and Aliyev failed to protect it as the head of state. I am not going to ask to be pardoned for a crime I never committed. I am free even now, in jail, and my freedom is not for sale. So President Obama, please ask President Aliyev to stop muzzling the independent media and civil society. Ask him to explain the billions of petrodollars wasted on white-elephant projects for the benefit of a few. Ask him when he is going to hold free and fair elections. Ask him when he is going to let all the political prisoners go free. Ask him when fundamental freedoms can become a right, in practice — not a gift that he can give or take away. I asked these questions, and I ended up in jail. These are important questions. They must not go unanswered. And we will fight until justice is fully served.
Smith Responds to the Release of Political Prisoners by AzerbaijanThursday, March 17, 2016
WASHINGTON—In response to the release of 14 political prisoners in Azerbaijan, Representative Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, made the following statement: “I am relieved to know that these wrongly-held prisoners will be home with their families soon, but I remain concerned about the plight of the many other prisoners in Azerbaijan who are being held on politically-motivated charges. Anar Mammadli, the founder of an independent election monitoring group, was released, but he should have never been in prison. There are many others who should be released as well, such as Khadija Ismayilova, Intigram Aliyev, Ilgar Mammadov. I respectfully request President Aliyev to not only release all political prisoners, but also repeal the many undemocratic laws and regulations that prohibit the exercise of universally-recognized human rights in Azerbaijan.” Human rights organizations estimate there are approximately 100 political prisoners in Azerbaijan. Despite the release of 14 prisoners today, there continue to be new arrests of journalists, bloggers and others who voice opinions the government deems critical. Chairman Smith is the sponsor of the Azerbaijan Democracy Act of 2015 (H.R. 4264), a bill he introduced on December 16, 2015, 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.
Helsinki Commission Briefing to Examine Internet Freedom in the Age of Dictators and TerroristsWednesday, February 24, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “Internet Freedom in the Age of Dictators and Terrorists” March 3, 2016 10:00AM Rayburn House Office Building Room 2255 The original promise of the internet as a mechanism for free exchange of information and greater democratization seems a dream from a distant past. Authoritarian leaders in China, Russia and around the world seek to build walls around their country’s internet and censor incoming information and online discourse, while in free societies we are grappling with the right balance between security and privacy of online information in the face of terrorist threats. The briefing will focus on internet freedom broadly, including censorship and surveillance; and trends in how internet companies are evolving to handle increased government requests from law enforcement. In addition, panelists will discuss the role of export controls in ensuring that U.S. and European technologies do not contribute to human rights abuses. The following panelists are scheduled to participate: Lisl Brunner, Director of Policy and Learning, Global Network Initiative Rebecca MacKinnon, Director, Ranking Digital Rights Tim Maurer, Associate, Carnegie Endowment for International Peace
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.
Attacks on Press Freedom in Azerbaijan Investigated at Congressional HearingWednesday, December 16, 2015
WASHINGTON—At a hearing convened today by the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, Chairman Chris Smith (NJ-04) and other lawmakers examined the plight of political prisoners in Azerbaijan and in particular the imprisonment of journalist of Khadija Ismayilova, an investigative journalist known for her reports into the wealth of the senior leadership of the Government of Azerbaijan. “Much of Khadija’s reporting was done as a journalist for U.S.-funded Radio Free Europe/Radio Liberty. This means that the U.S. government has a special obligation to do everything it can to secure Khadija’s release,” said Helsinki Commission Chair Rep. Chris Smith (NJ-04). “Our government must take every opportunity, must leave no stone unturned, in the effort to secure her release. The State Department must make Khadija’s release a true diplomatic priority.” Following several months of harassment by Azerbaijani authorities, Ms. Ismayilova was arrested on spurious charges in December 2014. RFE/RL was subsequently raided and closed by the Government of Azerbaijan. After a lengthy trial that was widely condemned by the international community for numerous irregularities, in September Ms. Ismayilova was sentenced to 7.5 years in prison. Her appeal was denied on November 25. “Human rights organizations have documented Azerbaijan’s crackdown on civil society over the last three years,” Rep. Smith continued. “The human rights situation has seriously deteriorated in Azerbaijan, causing damage to its relations with the United States and other countries, and has damaged its own society by imprisoning or exiling some of its best and brightest citizens. The time has come to send a clear message.” Nenad Pejic, Vice President and Editor-in-Chief of Programming at RFE/RL, testified at the hearing. He said, “The arrest and imprisonment of Khadija Ismayilova and the closure of RFE/RL’s Baku bureau represent a targeted and coordinated effort by the country’s most senior leadership to punish journalists who report on the government’s corruption, silence independent journalism, and end RFE/RL’s operations in Azerbaijan.” “[We urge] the Commission, the Obama Administration, and Members of Congress to raise the issue of restrictions on freedom of the press in meetings with senior Azerbaijani officials, to demand the immediate release of all Azerbaijani journalists, to put an end to these trumped-up prosecutions, to abandon the practice of collective punishment and to investigate the murders of journalists,” said Delphine Halgand, the U.S. director of Reporters Without Borders. “President Obama should meet with Khadija Ismayil’s mother, and members of Congress visiting Azerbaijan should visit Khadija Ismayil in prison,” said T. Kumar, International Advocacy Director for Amnesty International USA. The Helsinki Commission has long pressed the Government of Azerbaijan to end its repression of the political opposition, journalists, and religious minorities. Earlier today, Chairman Smith introduced H.R. 4264, the Azerbaijan Democracy Act of 2015, landmark legislation to deny U.S. visas to senior members of the Azerbaijani government following years of systematic efforts by the Government of Azerbaijan to eliminate the voices of independent journalists, opposition politicians, and civil society groups. In 2015 alone, the Commission has issued numerous statements on the rapid decline of human rights in the country and held a November briefing examining how the government of Azerbaijan uses its judicial system to intimidate and imprison critics of the government.
Helsinki Commission Chair Acts to End Human Rights Violations in AzerbaijanWednesday, December 16, 2015
WASHINGTON—Following years of systematic efforts by the Government of Azerbaijan to eliminate the voices of independent journalists, opposition politicians, and civil society groups, Helsinki Commission Chair Rep. Chris Smith (NJ-04) today introduced H.R. 4264, the Azerbaijan Democracy Act of 2015, a landmark bill that will deny U.S. visas to senior members of the Azerbaijani government. “We recognize that there are important national security and economic ties that exist between our two countries, but the United States can no longer remain blind to the appalling human rights violations that are taking place in Azerbaijan,” said Rep. Smith. “Journalists and activists are routinely arrested and imprisoned; opposition politicians are in jail and elections are not free and fair; human rights lawyers have been harassed and disbarred; and religious freedom is under attack. The Azerbaijan Democracy Act demonstrates that the United States takes human rights and fundamental freedoms seriously, and that we will not compromise when faced by a government that represses the political opposition, the media, and religious minorities.” 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. “It is unacceptable that senior members of the Azerbaijani government are free to visit the United States while courageous women and men like investigative journalist Khadija Ismayilova, attorney Intigam Aliyev, opposition politician Ilgar Mammadov, and activist Anar Mammadli are locked away in prisons with inadequate access to legal or even medical assistance,” Rep. Smith said. “If they can pay the price for standing up for human rights, the least we can do is to stand with them.” Rep. Smith is a long-standing advocate for human rights in Azerbaijan. Following the introduction of today’s legislation he will chair a 2PM hearing to examine Azerbaijan’s persecution of Ms. Ismayilova, who was sentenced to 7.5 years in prison in early September.
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U.S. Bill Seeks Sanctions On Azerbaijani Officials For 'Appalling' Rights RecordWednesday, December 16, 2015
A U.S. lawmaker has introduced legislation that would deny U.S. visas to senior Azerbaijani officials due to what he calls Baku's "appalling human rights violations." U.S. Representative Chris Smith (Republican-New Jersey) introduced the bill, titled the Azerbaijan Democracy Act of 2015, in the House of Representatives on December 16. "The human rights situation has seriously deteriorated in Azerbaijan, causing damage to its relations with the United States and other countries, and has damaged its own society by imprisoning or exiling some of its best and brightest citizens," Smith told a hearing of Congress's Helsinki Commission held in conjunction with the announcement of the legislation.
Human Rights Violations in Russian-Occupied CrimeaFriday, December 11, 2015
The briefing reviewed the current condition of life in Crimea under Russian rule. Panelists highlighted the illegal nature of Russian rule over the peninsula and described the human rights abuses commited by the new authorities. Several of the panelists described the propaganda campaign and censorship that the Russian government has been carrying out to tighten its grip on the peninsula. Participants also outlined possible responses by the international community -- particularly sanctions -- to address the situation in Crimea.
Chairman Smith Underscores Plight of Political Prisoners in OSCE Region on International Human Rights DayThursday, December 10, 2015
WASHINGTON–To mark International Human Rights Day on December 10, Representative Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: “The number of political prisoners is growing in several OSCE countries. For example, Russian human rights organization Memorial estimates that there are currently 50 political prisoners in Russia – a spike in recent years. Their so-called ‘criminal’ activities include protesting Russia’s illegal annexation of Crimea, blogging on police misbehavior, or exchanging open source information with a foreign research partner. “The government of Azerbaijan has in recent years imprisoned scores of people—including human rights activists and journalists. The recent release of Leyla and Arif Yunus is a positive first step. President Aliyev now must insist that the spurious charges against not only the Yunuses, but also against Khadija Ismayilova, Intigam Aliyev, and many other political prisoners, be dropped. “The number of political prisoners in central Asia has been high for years and it is not declining. In Turkmenistan, former Foreign Ministers Batyr Berdiev and Boris Shikmuradov are just two of the more than 100 people who have disappeared into Turkmenistan’s prison system, which is known for shockingly terrible conditions. In Tajikistan, members of the opposition Islamic Renewal Party of Tajikistan have been arrested, alongside the lawyers who tried to defend them. Uzbekistan has jailed human rights activists, members of certain religious groups, and journalists – including Muhammad Bekjanov, who has been held since 1999 – after poorly conducted trials and despite allegations of torture and abuse.” “On International Human Rights Day, I call on the OSCE to place the release of political prisoners at the top of the organization’s agenda.” Smith also issued a statement calling on the administration to sanction the Chinese government egregious human rights violations. December 10, International Human Rights Day, commemorates the Universal Declaration on Human Rights adopted by the UN General Assembly on December 10, 1948.
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 dollars 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. . . .”
(See: “Statement Regarding Key Issues and Challenges in Freedom of Expression,” agreed by Santiago Canton, OAS Special Rapporteur on Freedom of Expression; Freimut Duve, OSCE Representative on Freedom of the Media; and Abid Hussain, UN Special Rapporteur on Freedom of Opinion and Expression, February 2000, www.article19.org. See also “Insult Laws: An Insult to Press Freedom,” published by the World Press Freedom Committee.)
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.
Free Speech Cases in Romania
Since the end of the Ceausescu era, non-governmental human rights groups, free speech advocates, journalists’ associations and others have called for the repeal of Romania’s criminal defamation and insult laws. These laws have been widely criticized and their use documented, including by Amnesty International (www.amnesty.org), the non-governmental free speech watchdog Article 19 (www.article19.org), Freedom House, the Romanian Helsinki Committee, the Parliamentary Assembly of the Council of Europe (Resolution 1123/1997), and the U.S. State Department (“Country Reports on Human Rights Practices” for calendar year 2001). While similar reports on other countries in Central Europe often detail specific cases of individuals charged with criminal defamation or insult, cases in Romania are so numerous they are often described not by individual names but, collectively, by triple-digit figures. For example, according to a statement by Article 19 and the Center for Independent Journalism, Romania, delivered at the March 2001 OSCE Supplementary Human Dimension Meeting on Freedom of Expression – convened during the Romanian Chairmanship of the OSCE – official statistics indicated that over 225 people were in prison at that moment for speech “offenses” against the authorities. More recently, the Associated Press reported: “Currently some 400 journalists are being sued for libel and insulting authorities” (“Romania pledges to abolish communist-era laws restricting free speech,” May 5, 2002).
When individual cases are reported in detail, they illustrate the conflict between Romania’s criminal defamation/insult laws and basic free speech norms. For example, in December 2001, the General Prosecutor announced that he was investigating whether the singing of the Hungarian national anthem at a private meeting constituted a violation of article 236 (defamation of national symbols). That is, he used scarce taxpayer resources to consider whether people should actually be sent to prison, for up to three years, for singing.
Renewed calls for Romania to repeal articles of the criminal code that restrict free speech have often followed controversies triggered by government actions perceived as hostile to free speech and an independent media. In May 2001, Justice Minister Rodica Stanoiu called for increasing criminal penalties for defamation, exactly contrary to the recommendations of, i.a., the Council of Europe and the OSCE Representative on Freedom of the Media. Although President Ion Iliescu and Prime Minister Adrian Nastase subsequently stated they did not support jail terms for press offenses, they failed to call for the full repeal of the range of articles in the penal code that, at present, still permit journalists and others to face criminal charges for their speech.
In January 2002, another controversy erupted when the General Prosecutor ordered the arrest of Ovidiu Cristian Iane and the search of Mugur Ciuvica’s home. The two men, a journalist and former government official respectively, were suspected of circulating email messages (under the title “Armageddon II”) accusing Prime Minister Nastase of corruption. These actions were portrayed by the General Prosecutor as damaging to national security and Romania’s international relations and a violation of article 168 of the criminal code (disseminating false information, a provision, in other penal codes, generally intended to cover acts that might create a threat to the public, such as making a false bomb threat). Although Prime Minister Nastase later acknowledged that he had overreacted, he failed to call for the full repeal of the range of relevant articles in the penal code.
The latest controversy unfolded after the Wall Street Journal published a report on May 3, 2002, entitled “Among NATO Applicants, Romania Draws Particular Scrutiny.” Romanian journalists then reported on the story, including the assertion that the continued presence of Securitate agents in Romania’s security services is a matter of concern in the context of Romania’s candidacy for NATO. On May 10, Minister of Defense Ion Mircea Pascu issued – in writing – a warning to journalists that “life is too short, and your health has too high a price to be endangered by debating highly emotional subjects.” In addition to heightening concern that old Securitate practices, if not actual agents, are alive and well in Romania’s security services, the written threat triggered yet another row between the government and journalists. On May 16, Minister Pascu issued another statement, saying he regretted that his May 10 statement had been misinterpreted and that it was only intended to be humorous.
The event nearly overshadowed an announcement by Prime Minister Nastase that the government plans to amend the criminal code to bring it into conformity with Romania’s free speech commitments. The government’s proposal, however, which would reduce prison terms for some speech offences but not actually repeal them all from the criminal code, falls short of what is needed to achieve the Prime Minister’s stated goals.
Relevant Romanian Laws
The articles of the Romania criminal code which are not consistent with Romania’s freely undertaken commitments are:
- article 205 (insult; punishable by up to two years in prison);
- article 206 (defamation; punishable by up to three years in prison);
- article 236 (defamation of national symbols; punishable by up to three years in prison);
- article 236/1 (defamation of the country or nation; punishable by up to three years in prison);
- article 238 (insult or defamation of public officials; punishable by up to seven years);
- article 239 (insult or defamation of civil servants; punishable by up to seven years in prison).
The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.