Title

Belarus – Back in the U.S.S.R.?

Tuesday, April 27, 1999
10:00am
Cannon House Office Building, Room 340
Washington, DC 20003
United States
Members: 
Name: 
Representative Christopher H. Smith
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Representative Steny H. Hoyer
Title Text: 
Ranking Member
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Ross Wilson
Title: 
Principal Deputy to the Ambassador-at-Large and Special Advisor to the Secretary for the New Independent States
Body: 
Department of State
Name: 
Ambassador Hans-Georg Weick
Title: 
OSCE Advisory and Monitoring Group
Body: 
Organisation for Security and Cooperation in Europe
Name: 
Arkady Cherepansky
Title: 
Charge D'Affaires
Body: 
Embassy of the Republic of Belarus to the USA
Name: 
Ambassador Andrei O. Sannikov
Title: 
International Coordinator
Body: 
Charter 97
Name: 
Rachel Denber
Title: 
Deputy Director, Europe and Central Asia Division
Body: 
Human Rights Watch
Name: 
Catherine A. Fitzpatrick
Title: 
Executive Director
Body: 
International League for Human Rights

The political and economic situation in Belarus remains dire under President Lukashenka's authoritarian rule. Repression of human rights and his assault on democratic institutions are the subject of continuing concern. Lukashenka has rejected calls for an election and is attempting to neutralize democratic opposition to his rule. The hearing provided a timely opportunity to review the current situation in Belarus in advance of the May 16, 1999 presidential elections called by the democratic opposition.

The hearing witnesses outlined the precariousness of democracy and human rights in Belarus and how the authorities have sought to repress opposition leaders and Belarusian civil society organizations. Witnesses spoke of the Belarusian government’s relationship with the internationally recognized 13th Supreme Soviet and President Lukashenko’s refusal to hold constitutionally mandated elections.

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  • Helsinki Commission Briefing to Review State of Fundamental Freedoms in Azerbaijan

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The case of the Bitkovs was examined at the hearing, which featured testimony from the lawyers representing the family as well as from Bill Browder, a human rights advocate and founding director of the Global Magnitsky Campaign for Justice, who has investigated the case and CICIG’s role in it. The Bitkovs fled Russia in 2008 following a series of events that began in 2005 with Igor Bitkov refusing to let a senior official at one of Russia’s state banks, Sberbank, buy over half of his North-West Timber Company. His daughter Anastasia was kidnapped and repeatedly raped in 2006, and the family paid $200,000 to ransom her. In 2008, the banks demanded full repayment of their loan to Bitkov’s company despite the company’s good credit. The company was forced into bankruptcy, its assets sold at fire sale prices, and the Bitkovs fled Russia fearing for their lives after hearing of threats made against them. This case was a textbook scheme of Russian officials persecuting those who refuse to do business with them, Browder said. “First, in Russia people who run successful businesses are routinely victimized through a process called ‘Raiderstvo’. I was a victim of Raiderstvo and so were the Bitkovs. It is a standard practice in Russia where organized criminals work together with corrupt government officials to extract property and money from their victims,” stated Browder in his written testimony before the commission. Browder was expelled from Russia in 2005 after fighting corporate corruption there. After Russian authorities seized his companies, Browder’s lawyer Sergei Magnitsky investigated the matter; he was arrested and was tortured to death in Russia in 2009. Since then, Browder pushed for the passage and enactment of Magnitsky laws. 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The prosecution was “notoriously disproportionate and even more aggressive and shocking than high-impact crimes such as drug trafficking, murder or even terrorism,” stated Rolando Alvarado, a lawyer representing the Bitkovs, at the hearing. “They channelled their criminal prosecution before special courts that know of crimes of greater risk.” The very prosecution violated the law of the country, said another lawyer who represents the Bitkovs. “In Guatemala, the Palermo Convention is in force, as well as the Guatemalan Migration Law. Both laws establish that migrants cannot be criminalized for the possession or use of travel documents or ID documents. Even so, the State of Guatemala has decided to prosecute, illegally, these cases and has issued suspended sentences in other similar cases,” stated Victoria Sandoval, who also represents the Bitkov family. 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Marco Rubio (FL), Commissioner at the Helsinki Commission, said in a statement for the record, “This miscarriage of justice cannot be tolerated and today’s hearing is a strong first step in bringing this matter to light. It is important for both Kremlin and Guatemalan officials to understand that the world sees what is happening and will not accept Russian malign influence in the Western Hemisphere or the destruction of Guatemalan judiciary.” Sen. James Lankford (OK) said in a statement for the record, “We should be diligent in exercising oversight over any foreign entity which receives U.S. taxpayer funding to ensure our nation's own resources are used to advance national interests. I applaud the Commission for looking into the issue of the Bitkov family as well as exercising oversight over the U.S.-funded CICIG.” Sen. Mike Lee (UT) said in a statement for the record, "CICIG should be operating to root out real corruption, rather than building up or tearing down political winners and losers. It pains me to see sovereignty continually thrown by the wayside as has been the case in Guatemala. It is unfair to average citizens. It has been unfair to the Bitkovs. It is unfair to all who seek a free and prosperous Guatemala."

  • The Long Arm of Injustice

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  • Use Magnitsky Act to Fight Russian Thuggery

    In “Kremlin Revenge in Guatemala” (Americas, March 26) Mary Anastasia O’Grady rightly draws attention to the determination of Vladimir Putin’s cronies to hurt those who defy their corruption. The yearslong ordeal of the Bitkov family—their harassment, persecution and ultimate imprisonment in a Guatemalan jail after fleeing Russia—is astonishing because of its cruelty. However, the story also reveals a much larger truth about the global web of complicity that the Kremlin will weave to suppress the rule of law and human rights outside its own borders. As chairman and former chairman of the U.S. Helsinki Commission, which works to advance international human rights, we are encouraged by the release of the first-ever sanctions list under the Global Magnitsky Act late last year. We ask that the administration put those responsible for the harm done to the Bitkovs on this list. These individuals should be held accountable for the flagrant torture and oppression they have inflicted upon this family, once at the helm of a thriving paper-mill company and now unjustly sentenced to years in a Guatemalan jail. Russia’s message of intimidation to the Bitkovs is a familiar one. We’ve seen before what the kleptocracy will do to those who challenge its crimes. We know the stories of Mikhail Khodorkovsky and Sergei Magnitsky. In 2012, we championed the Magnitsky Act for the wrongful punishment and death of Magnitsky, who uncovered massive fraud at the hands of Russian authorities. Under the law, those who were complicit in his death would have their U.S. assets frozen and any travel to the U.S. denied. The Global Magnitsky Act, passed four years later, broadens America’s response to human-rights offenders around the world. We have refused to respond to these stories with silence, and we cannot tolerate impunity now. Sen. Roger Wicker (R., Miss.) Sen. Ben Cardin (D., Md.)

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The law calls for individuals who have committed human rights violations or significant corruption to be barred from obtaining United States visas and blocked from using the American financial system, which effectively blacklists them from doing business with major world banks. Powerful, wealthy people don’t like to have their assets frozen. “What happened in Sochi was the worst case of corruption that we’ve ever seen in sport, so why shouldn’t the act apply to us?” Tygart said. “We have to look down every avenue if we’re working for clean athletes, particularly in light of the I.O.C.’s failure do anything.” Tygart said American athletes have been demanding that the antidoping agency find ways to better protect clean athletes in the future so the Russian doping debacle is never repeated. The International Olympic Committee punished Russia, sort of, for its widespread doping. It barred the Russian Olympic Committee, the Russian flag and the Russian national anthem from last month’s Pyeongchang Games, while letting some Russian athletes compete under a neutral flag. It also barred for life one top Russian official: Vitaly Mutko. (He was implicated in the doping program as the Russian sports minister. After the scheme was exposed, he was promoted to deputy prime minister.) Three days after the Pyeongchang Games ended, the I.O.C. reinstated Russia’s Olympic committee — even though two Russian athletes had failed drug tests during the competition. So the United States antidoping group is looking for additional ways to punish the Russians. The Global Magnitsky Act is in its infancy and the sports angle might be a long-shot, but why not try? Besides, the United States government often has to do the dirty work for sports leagues and federations that refuse to police themselves. To take down the principles and athletes involved in the Bay Area Laboratory Co-Operative steroids scandal that ensnared athletes like Barry Bonds and Marion Jones, law enforcement made arrests and prosecutors took it from there. To address the widespread doping problem in Major League Baseball, Congress had to drag players and management in to testify. To uncover corruption in FIFA, United States prosecutors took the lead and indicted more than two dozen officials and businessmen from all over the world — much to the dismay of soccer’s global establishment. And now it could be the Global Magnitsky Act that delivers a staggering blow to the Russians for corrupting the results of major global sports competitions — including, but certainly not limited to, the Olympics. Among the people who could be targeted for sanctions are Mutko; Yuri D. Nagornykh, the former deputy sports minister; Irina Rodionova, the former deputy director of the Center for Sports Preparation; and others mentioned in an affidavit by Dr. Grigory Rodchenkov, Russia’s former longtime antidoping laboratory chief who blew the whistle on the whole operation. Does such sports corruption rise to the level covered by the law? William F. Browder thinks so. He’s a prominent investor who worked with Congress on the original Magnitsky Act, which was passed in 2012 in response to the death of Browder’s Russian lawyer, Sergei L. Magnitsky. The lawyer had uncovered a $230 million tax-theft scheme before he was arrested and died in prison. “There’s one important issue and that’s the doping scandal at the Sochi Games led to what I believe were murders,” Browder said, referring to two officials from Russia’s antidoping agency who died within two weeks of each other in 2016. “There were a number of people involved who died very suspiciously who were most likely liquidated to cover up a crime.” He added: “There were people who effectively ruined institution of sport and have committed crimes to do so. That would reach the standard of Global Magnitsky, in my opinion. These people involved in sports doping, they’re shameless. So there needs to be really hard consequences. They need to pay a very dear price.” That price would be losing access to their money and the freedom to move about the world. And they would be on a list with some of the world’s worst criminals. “If the Olympic Games are unquestionably tainted, that has huge economic ramifications for not just U.S. athletes, but for U.S. industry, and the U.S. government has an interest in making sure that doesn’t happen,” said Robert G. Berschinski, senior vice president for policy at Human Rights First and a former deputy assistant secretary of state. I asked him if he thought the individuals involved in the Russian doping case could be sanctioned under the law. “Without getting into specifics,” he said, “it seems that you can make a case.” Tygart thinks so, too. He left the workshop on Tuesday thinking that sanctions were a last resort but “a viable option.” Is it truly a viable option, and will the antidoping agency act on it? A certain group of Russians might not be eager to learn the answers.

  • How to Get Human Rights Abusers and Kleptocrats Sanctioned under the Global Magnitsky Act

    The workshop provided human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. Sanctions experts described, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also discussed the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists shared investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates.

  • Helsinki Commission Workshop to Explain Global Magnitsky Sanctions Process

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced a workshop to provide human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. HOW TO GET HUMAN RIGHTS ABUSERS AND KLEPTOCRATS SANCTIONED UNDER THE GLOBAL MAGNITSKY ACT Tuesday, March 13, 2018 3:00 p.m. Capitol Visitor Center Room SVC 212-10 Live Webcast: www.facebook.com/HelsinkiCommission Sanctions experts will describe, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also will discuss the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists will share investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates. Panelists include: Rob Berschinski, Senior Vice President, Human Rights First; former Deputy Assistant Secretary of State Brad Brooks-Rubin, Managing Director, The Sentry; formerly with the Departments of State and Treasury Bill Browder, Founder and Director, Global Magnitsky Justice Campaign Mark Dubowitz, CEO, Foundation for Defense of Democracies Adam Smith, Partner, Gibson, Dunn & Crutcher; formerly with the National Security Council and Department of Treasury Josh White, Director of Policy and Analysis, The Sentry; formerly with the Department of Treasury The Global Magnitsky Act is a powerful new tool for deterring human rights violations and fighting corruption. Presence on this list freezes any U.S. assets an individual may hold, blocks future transactions within the U.S. financial system, and bans any travel to the United States. By sanctioning individuals who engage in the worst abuses of power, the United States hardens its own system to external abuse while extending moral support and solidarity to those whose fundamental freedoms are curtailed or denied.

  • Helsinki Commissioner Richard Hudson Highlights Russian Aggression, Decline in Rule of Law in Turkey at Inter-Parliamentary Forum

    On February 22 and 23, 2018, approximately 240 parliamentarians from 53 countries in North America, Europe, and Central Asia met in Vienna, Austria for the 17th Winter Meeting of the OSCE Parliamentary Assembly. Helsinki Commissioner Rep. Richard Hudson (NC-08) represented the United States and actively advocated for U.S. positions and expressed U.S. concerns regarding challenges to security and cooperation in Europe, including Russia’s clear, gross, and uncorrected violations of Helsinki principles. Established in 1991, the OSCE PA is the parliamentary counterpart to the multilateral diplomacy that takes place under the auspices of the OSCE. By meeting each winter in Vienna—home of the OSCE Secretariat—the OSCE PA fosters parliamentary interaction with OSCE officials and the diplomatic representatives of the 57 participating States. The first OSCE PA meetings of the year, and second in importance only to the annual session held each summer, Winter Meetings allow parliamentarians to prepare their work for the coming year and debate issues of immediate concern. Rep. Hudson spoke in all formal sessions of the 2018 Winter Meeting and in the meeting of the Ad Hoc Committee on Countering Terrorism, where he serves as vice-chair. During the meeting’s opening session, he forcefully denounced Russian aggression against its neighbors and expressed strong support for the OSCE’s Special Monitoring Mission in Ukraine.   Addressing the OSCE leadership, he said, “The Kremlin needs to halt the violence in eastern Ukraine and withdraw all political, military, and financial support for its proxies, restore Ukrainian control over its international borders, and respect Ukraine’s territorial integrity and sovereignty. Moscow must also end its illegal occupation of Crimea. In short, President Putin needs to de-escalate his manufactured conflict.”  Later in the Winter Meeting, Rep. Hudson noted the third anniversary of the murder of Russian opposition activist Boris Nemtsov in Moscow. “Three years on, the organizers and masterminds of the Nemtsov assassination remain unidentified and at large,” he said. “The connection between [Russia’s] aggressive external behavior and the retreat from democracy and violation of human rights at home … in my view cannot be stressed strongly enough.”   Condemning the continued imprisonment of American citizen and fellow North Carolinian Pastor Andrew Brunson in Turkey, as well Turkey’s recent sentencing of NASA scientist Serkan Golge, Rep. Hudson called for their immediate release and a continued focus on outstanding human rights cases arising from President Erdogan’s assault on democracy in Turkey. He also supported greater energy security through diversification of sources, outlined the U.S. approach to the challenge of nuclear proliferation, and suggested ways for the OSCE more effectively counter terrorism. OSCE PA President George Tsereteli of Georgia, who recently visited New York and Washington, welcomed active U.S. engagement and credited the Helsinki Commission for turning OSCE PA efforts into diplomatic initiatives which can directly improve people’s lives. The next meeting of the OSCE PA will be its annual session, scheduled for Berlin, Germany, in early July.  

  • Boris Nemtsov: 1959-2015

    On February 27, 2015, former Deputy Prime Minister and Russian opposition leader Boris Nemtsov was brutally murdered on the Bolshoi Moskvoretsky Bridge directly in front of the Kremlin in Moscow, Russia. Three years after Nemtsov’s assassination, the Helsinki Commission examined the investigation into Nemtsov’s murder to shed light on the circumstances of the most high-profile political assassination in modern Russia. The Helsinki Commission probed reasons why the plaintiffs were denied the opportunity to a fair trial, the effects Russian propaganda has had on Russian citizens in the suppression of information about the case, and the impact of sanctions resulting from the 2016 Global Magnitsky Act. The Commissioners heard testimony from Zhanna Nemtsova, daughter of Boris Nemtsov; Vladimir Kara-Murza, Chairman of the Boris Nemtsov Foundation for Freedom; and Vadim Phrokhorov, Lawyer for the family of Boris Nemtsov. Sen. Roger Wicker (MS), chairman of the Helsinki Commission, introduced the witnesses and commended Ms. Nemtsova for her courageous activism against gross human rights violations in Russia. Sen. Ben Cardin (MD), the Helsinki Commission’s ranking senator, highlighted Russian President Vladimir Putin’s attempts to suppress democracy in Russia, as well as the Kremlin’s use of military force in Ukraine, interference in the 2016 U.S. presidential elections, and involvement in the deaths of political opponents like Mr. Nemtsov. Sen. Cardin also praised Russian citizens who side with democracy and emphasized that “[members of the Helsinki Commission] are on the side of the Russian people.” Rep. Christopher Smith (NJ-04), Co-Chairman of the Helsinki Commission, discussed how the Magnitsky Act is a breakthrough and a “very useful tool against repressive regimes.” He also asked the panelists for recommendations on actions the United States can and should take to further transparency on the investigation, and expressed interest in initiating a procedure to establish a special representative for the OSCE Parliamentary Assembly meeting in July of 2018. “And, so, for Boris himself, we need [...] all parties responsible to be held to account — total transparency,” Rep. Smith said.   Ms. Nemtsova, the first to testify, criticized Russian authorities for failing to classify the murder as politically motivated. She also explained how the Russians want to end public debate on sensitive political issues. “You probably are aware of what [the Russians] are afraid of most,” she said. “They’re afraid of the sunshine. My father’s case is one of the sensitive issues, and that’s why it’s important to bring it to the sunshine.” Ms. Nemtsova also criticized the investigative committee for not identifying the individual that orchestrated the murder. In closing, she noted that the Government of Russia has tried—but failed— to erase her father’s memory, and urged the Commissioners to appoint a special representative to oversee the investigation at the July 2018 Parliamentary Assembly Annual Session in Berlin, Germany. During his testimony, Mr. Kara-Murza reiterated the importance of the Boris Nemtsov plaza-naming ceremony that took place on February 27, 2018, exactly three years after his murder. The District of Columbia renamed a section of Wisconsin Avenue, in front of the Russian Embassy, to honor Boris Nemtsov’s legacy. “It is important for those who continue to hold remembrance marches [...] for people who continue Boris Nemtsov’s work by exposing government corruption. You can kill a human being, but you cannot kill what he stood for,” he said. Mr. Kara-Murza noted that experts frequently blur the line between a country and a regime and urged political leaders in Western democracies to “not equate Russia with the regime that is ruling it.” He concluded by urging the Commissioners to initiate a process, similar to the appointment of a special rapporteur, under the auspices of the OSCE Parliamentary Assembly Annual Session being held in July 2018.   Mr. Prokhorov reiterated how Russian authorities refused to recognize Boris Nemtsov’s murder as politically motivated and that the evidence led to the inner circle of Ramzan Kadyrov, the leader of Chechnya. “The problem is not that the investigation of the suspects is difficult or impossible. Our principal concern is that the investigative authorities are not willing to make any effort to do so,” Mr. Prokhorov said. Mr. Prokhorov stated that the Russian authorities breached the family of Boris Nemtsov’s right to a fair trial and how “none of the organizers or masterminds have been identified or persecuted to date.” He concluded by urging western political leaders, diplomats, and public figures to engage Russian counterparts in dialogue regarding Boris Nemtsov’s murder when given the opportunity to do so.

  • Attorney for Russian ‘Icarus’ Whistleblower Blasts Olympic Anti-Doping Effort

    WASHINGTON—The attorney for the Russian whistleblower featured in Bryan Fogel’s Oscar-nominated movie “Icarus” is blasting the International Olympic Committee for not taking harsher measures against Russia for the state-sanctioned use of performance enhancing drugs by its athletes. Jim Walden, the attorney for Grigory Rodchenkov, who is at the center of “Icarus,” spoke to the Helsinki Commission on Capitol Hill and said the IOC’s ban on Russian participation in the recent Winter Olympics was “hardly a slap on the wrist.” “In reality, it was a PR stunt—a sham,” he said last week. “After all, Russia has now fielded one of its largest teams at the ongoing Olympics in Pyeongchang. They are permitted to compete not as neutral athletes but in uniforms bearing Russia’s name.” Rodchenkov served as the director of the Moscow Anti-Doping Center, tasked with ensuring compliance with the World Anti-Doping Agency. In fact, he was “ordered by his Kremlin bosses” to assist in “an elaborate system to allow Russia’s athletes to cheat in international competitions, including the Olympics,” Walden said. In the movie, Rodchenkov works with Fogel on his effort to use performance enhancing drugs as a way to show how Lance Armstrong evaded detection for so long. But, as “Icarus” unfolds, Rodchenkov becomes the center of the anti-doping scandal. Rodchenkov is now in hiding in the United States, given the threats from Russia, which has denied the claims. “Russian officials have harassed his family, confiscated his property, and even declared that he should be ‘shot as Stalin would have done,'” Walden said in his testimony. “To discredit Dr. Rodchenkov, even Russian President Vladimir Putin has gotten in the game, accusing the FBI of ‘drugging’ Dr. Rodchenkov to elicit false testimony while, at the same time, calling Dr. Rodchenkov an ‘imbecile’ and ‘mentally unstable.'” Rodchenkov was sued for defamation last week in New York by a group of Russian athletes, in a lawsuit that is being backed by Mikhail D. Prokhorov, who owns the Brooklyn Nets, the New York Times reported. “The IOC has stood by and watched this abhorrent conduct against its main witness without taking any action at all,” Walden said in his appearance before the commission. “Did this embolden Russia? You tell me. Russia reacted by also retaliating directly against the IOC and WADA. They hacked the IOC’s and WADA’s computers, disclosed confidential documents, and even threatened to bring sanctions against IOC members and WADA executives.” He continued, “No one can seriously argue that this cowardly and ineffective response by the IOC is appropriate, will deter future cheating, or is fair to clean athletes, Olympic sponsors, or fans. No one can seriously argue that the IOC’s self-policing system works at all.” Walden called on Congress to pass legislation to add criminal penalties for doping. He said a statute could be similar to the Foreign Corrupt Practices Act, which sanctions foreign government officials for actions that impact U.S. businesses. The commission is an independent agency that includes members of the House and the Senate, and it monitors human rights and international cooperation in Europe. A spokesman for the IOC did not return a request for comment.

  • One Year Later, U.S. Consulate Employee in Turkey Remains Behind Bars

    By Everett Price, Policy Advisor One year ago today, Turkish authorities detained Hamza Uluçay, a 36-year veteran Turkish employee of the U.S. Consulate in the southern city of Adana. After decades of service to the United States, he spent the last year behind bars on unsubstantiated terrorism charges.    Authorities initially questioned Uluçay last February about his communications with local Kurdish contacts. Such communication with local contacts, including peaceful Kurdish groups, would have been a routine part of the U.S consulate’s work. Yet within hours of his initial detention, the Turkish press claimed that Uluçay was suspected of inciting public support for the PKK, or Kurdistan Workers’ Party, a U.S.-designated terrorist organization that has been engaged in a more than three-decade armed conflict with the Turkish state. After more than a week in custody, Uluçay was released for lack of sufficient evidence only to be re-detained hours later due to a prosecutor’s objections. This time Uluçay was formally arrested and faced graver charges. He stood accused of “membership in a terrorist organization,” a reference purportedly to the PKK and the Gulen movement, the religious and social movement the Turkish government accuses of orchestrating the failed coup in July 2016. Little is known about the prosecution’s evidence against Uluçay. According to Turkish press, authorities seized 21 U.S. dollar bills from Uluçay’s home. As seen in the case of imprisoned U.S. citizen and NASA scientist Serkan Golge, Turkish prosecutors regularly cite one dollar bills as “evidence” of a defendant’s involvement with the Gulen movement. The government claims that the founder of the movement and alleged coup mastermind, Pennsylvania-based Turkish cleric Fethullah Gulen, gave blessed dollar bills to his followers, particularly those with serial numbers beginning with “F” for “Fethullah.” Uluçay’s experience is another sobering reminder of the state of the rule of law in Turkey, where a single dollar bill can stand as “evidence” of terrorist activity.  Authorities also seized on Uluçay’s possession of books about Kurdish politics and terrorism: typical possessions for a political specialist whose job is to help American diplomats understand conditions in southeast Turkey. U.S. embassies and consulates around the world hire local staff like Uluçay to facilitate engagement with local contacts and to advise on political and cultural dynamics in the host country.  Since U.S. diplomats rotate among overseas posts every few years, locally employed staff (or LES, as they are known) often serve as important focal points of continuity and institutional memory in the work of a diplomatic mission. In Uluçay’s case, he offered successive rotations of American diplomats in Adana decades’ worth of established relationships and experience working with local groups and individuals.   As LES directly support U.S. diplomatic representation in a country, it is rare for host nation authorities to openly interfere with their work, least of all in countries with friendly relations with the United States. For this reason—and in the absence of credible evidence to support the serious allegations against him—the detention of Uluçay last February represented a significant diplomatic incident.  The affront was compounded seven months later when Turkish authorities detained another longtime Turkish employee of a U.S. consulate, this time in Istanbul. Metin Topuz was taken into custody on September 25 and shortly thereafter charged with “membership in a terrorist organization,” “gathering state secrets for espionage,” and “attempting to overthrow [the Government, Turkish National Assembly, and the Constitutional Order].”  Topuz had spent more than 20 years working for the U.S. consulate where he helped officers of the United States Drug Enforcement Administration liaise with Turkish counterparts. According to Turkish press reports, his official communications had brought him into contact with suspected Gulen-affiliated officers in the Turkish security services. Topuz, therefore, was accused of belonging to the so-called “Fethullah Terrorist Organization,” or “FETO.” U.S. officials tried in vain to obtain a credible justification from Turkish authorities for Topuz’s arrest only to see them target a second employee of the Istanbul Consulate General for arrest, Mete Canturk.  In response to these developments, on October 8 the United States announced the indefinite suspension of non-immigrant visa services in Turkey. Then-U.S. Ambassador to Turkey John Bass announced the decision in a videotaped statement, commenting, “Despite our best efforts to learn the reasons for [Topuz’s] arrest, we have been unable to determine why it occurred or what, if any, evidence exists against the employee.” “This arrest,” he continued, “has raised questions about whether the goal of some officials is to disrupt the long-standing cooperation between Turkey and the United States.”  The State Department resumed limited visa services in Turkey on November 6 and restored full services on December 28 after receiving assurances from Turkish authorities that no additional local employees were under investigation, that local staff will not be detained for performing their official duties, and that Turkish officials would provide the United States advanced warning of any future arrest. Nevertheless, both Uluçay and Topuz remain in custody to this day. In addition, on January 31, 2018 authorities placed Canturk, the other LES who was sought by authorities in October, under house arrest allegedly for links to the Gulen movement. Although formal charges have yet to be filed, he has been unable to return to work. The U.S. Helsinki Commission convened a hearing on November 15 to examine the deterioration of Turkey’s rule of law and the ongoing detention of Uluçay, Topuz, and several U.S. citizens on coup-related charges. In his testimony before the Commission, State Department Deputy Assistant Secretary for Turkey Jonathan R. Cohen stated, “It appears to us that Mr. Uluçay and Mr. Topuz were arrested for maintaining legitimate contacts with Turkish government and local officials and others in the context of their official duties on behalf of the U.S. government.” Helsinki Commissioners have raised their cases on several occasions and will continue to do so until they are released. In May, the Helsinki Commission’s bicameral, bipartisan leadership led a letter with the bipartisan House co-chairs of the Lantos Human Rights Commission urging President Trump to raise Uluçay’s case directly with President Erdogan during the latter’s official visit to Washington that month.  Later in the year, ten Commissioners wrote to Turkish President Erdogan calling on him to help swiftly resolve Uluçay and Topuz’s cases, among others. While chairing the Commission’s November hearing, Senate Commissioner Thom Tillis said, “The harassment and detention of our consulate staff has…overstepped the bounds of diplomatic conduct among partners.” Sen. Tillis clearly expressed that the United States should “not accept anything short of true and timely justice for our detained consulate staff and our citizens behind bars.” One year since his detention, justice for Hamza Uluçay—like others—remains a distant prospect.

  • Chairman Wicker Urges Bosnia to Curb Corruption

    WASHINGTON—Helsinki Commission Chairman Senator Roger Wicker (MS) issued the following statement regarding an Organization for Security and Cooperation in Europe report on the failure of Bosnia’s court system to tackle corruption in the country: “I am hopeful that Bosnian officials at all levels of government will take the findings of this report to heart. Curbing corruption needs to be a top priority for Bosnia if it hopes to pursue European integration.” Chairman Wicker had previously warned of worsening corruption in Bosnia in a February 4, 2016, interview with RFE/RL. In that interview, he said that he was “troubled that responsible political authorities in Sarajevo tolerate the subversion of the rule of law by entrenched local interests.”

  • The Russian Doping Scandal

    In 2016, Dr. Grigory Rodchenkov blew the whistle on Russia’s state-run doping program, revealing a deep web of deception and fraud that he had once helped facilitate. This revelation led to the total ban of Russia from the 2018 Winter Olympics and intensified the debate over corruption in sports. After fleeing Russia for fear of retaliation, Dr. Rodchenkov now lives a precarious life in the United States, relying on whistleblower protections and fearful that Russian agents may one day come knocking. This briefing featured Dr. Rodchenkov’s attorney, Jim Walden, for a conversation on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions. It also included a discussion of Oscar-winning documentary Icarus, which chronicles Dr. Rodchenkov’s journey from complicit head of Russia’s anti-doping laboratory to courageous whistleblower. During the briefing, Mr. Walden described the elaborate system Dr. Rodchenkov led to bypass doping testing. He further went on to detail the punishments levied on the Russian government by the International Olympic Committee (IOC).  He said that the IOC has insufficiently punished Russia for its state-sponsored doping program by not fully banning Russia from the 2018 Winter Olympic Games in Pyeonchang. In addition, most of the 43 “lifetime” bans of doped Russian athletes have been overturned by the Court of Arbitration for Sport. Furthermore, Russia has not accepted responsibility and instead seeks to retaliate against Dr. Rodchenkov. For example, Russian officials have harassed Dr. Rodchenkov’s family, confiscated his property and launched an information campaign to discredit him. In addition, three of the guilty Russian athletes have sued Dr. Rodchenkov in New York State Supreme Court for defamation.  The Russian government has even retaliated against the IOC and World Anti-Doping agency (WADA) by hacking the IOC’s and WADA’s computers, disclosing confidential documents, and even threatening  to bring sanctions against IOC Members and WADA executives. Mr. Walden closed his statement with a legislative solution to combat Russian doping. He proposed creating a doping “long-arm statute” similar to the Foreign Corrupt Practices Act or amending the Controlled Substances Act  to give the U.S. power to persecute foreign officials and athletes that engage in doping and provide whistleblower protection. In response to a question from Helsinki Commission Policy Advisor Paul Massaro about the IOC’s response to the incident, Mr. Walden said that the IOC’s reaction was ineffective due to corruption, complicity, or ineptitude. When asked about the motivations behind Russia’s doping program, Mr. Walden noted that the doping program is unique to Russia because of the impact on sport in Russian society and added that the success of the Sochi Olympics greatly boosted Vladimir Putin’s approval ratings.

  • Nemtsov Murder Investigation Under Scrutiny at Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: BORIS NEMTSOV, 1959-2015: SEEKING JUSTICE, SECURING HIS LEGACY Wednesday, February 28, 2018 3:30 p.m. Dirksen Senate Office Building Room 138 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce022818 Three years after Russian opposition leader Boris Nemtsov was gunned down on a bridge in front of the Kremlin, and one day after the unveiling of Boris Nemtsov Plaza in front of the Russian Embassy in Washington, D.C., the Helsinki Commission will examine the outcome of the official investigation and trial into his assassination. An officer of the Russian Interior Ministry with links to Chechen leader Ramzan Kadyrov was convicted of pulling the trigger; four others were sentenced as perpetrators. Gen. Alexander Bastrykin, the head of Russia’s Investigative Committee has declared the case “solved.” Yet, three years on, the organizers and masterminds of the Nemtsov assassination remain unidentified and at large. The United States has sanctioned both Kadyrov and Bastrykin for gross human rights violations under the Magnitsky Act. The Parliamentary Assembly of the Council of Europe has appointed a Special Rapporteur to assess the status of the case and report on its shortcomings. At this hearing, the Commission will consider whether similar oversight is needed within the framework of the Organization for Security and Cooperation in Europe. This hearing will also examine the particular importance of Boris Nemtsov’s legacy of public and competitive politics as Russia looks to Vladimir Putin’s fourth official term in office. Witnesses scheduled to testify include: Zhanna Nemtsova, Daughter of Boris Nemtsov Vadim Prokhorov, Lawyer for the Nemtsov family Vladimir Kara-Murza, Chairman, Boris Nemtsov Foundation for Freedom

  • Russian Doping and Fraud to Be Probed at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: THE RUSSIAN DOPING SCANDAL: PROTECTING WHISTLEBLOWERS AND COMBATING FRAUD IN SPORTS Thursday, February 22, 2018 3:30 p.m. Capitol Visitor Center Room SVC 203 Live Webcast: www.facebook.com/HelsinkiCommission In 2016, Dr. Grigory Rodchenkov blew the whistle on Russia’s state-run doping program, revealing a deep web of deception and fraud that he had once helped facilitate. This revelation led to the total ban of Russia from the 2018 Winter Olympics and intensified the debate over corruption in sports. After fleeing Russia for fear of retaliation, Dr. Rodchenkov now lives a precarious life in the United States, relying on whistleblower protections and fearful that Russian agents may one day come knocking. This briefing features Dr. Rodchenkov’s attorney, Jim Walden, for a conversation on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions. It will also include a discussion of the Oscar-nominated documentary Icarus, which chronicles Dr. Rodchenkov’s journey from complicit head of Russia’s anti-doping laboratory to courageous whistleblower.

  • Religious Freedom in the National Security Strategy of the United States

    The National Security Strategy of the United States is the most important comprehensive national security report an Administration releases. During the drafting process there is robust competition inside and outside government over wording. None of the first eight editions of the National Security Strategy, issued from 1987 to 1996, mentioned religious freedom. Legislation and law, grassroots advocacy, and external events like the civil war in Sudan contributed to President William Clinton including the first reference in 1997. From 1997 to 2017, eight of the nine editions, spanning two Democratic and two Republican Administration, have included religious freedom (2010 was the exception). Download the full report to learn more.

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