Title

Bosnia

Thursday, February 05, 1998
2200 Rayburn House Office Building
Washington, DC 20515
United States
Official Transcript: 

During this briefing, Robert Hand, policy advisor at the Commission, led a discussion regarding Bosnia and its different regions. He spoke of the situation in Bosnia in 1998 and the power of ethnically-based political parties, retained through nationalism, corruption, and control of the media. Reconstruction in Bosnia has slow and challenging due to poor economic conditions and the continued displacement of certain populations.

The witnesses - Luke Zahner, Candace Lekic, Jessica White, Roland de Rosier, Kathryn Bomberger, Brian Marshall - have served in regions all over Bosnia and gave valuable input on the differences between regions and their rehabilitations processes after the Dayton Accords. They also spoke of the influence of Republica Srpska and the Bosnian Federation on said regions.  Paying attention to these differences, they state, is important in that the United States wants to support only those that successfully implement the Dayton Accords.

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  • HELSINKI COMMISSION DIGITAL DIGEST JUNE 2022

  • Long Shadow of Russian Money Raises Tricky Questions for Swiss Bankers

    January used to be a big month for Swiss bankers and their Russian clients. Many of the Moscow elite had made a tradition of coming to the Alps for the orthodox new year, skiing with their families, then catching up with their financial consiglieri. In St Moritz, one banker recalls how he would book blocks of rooms for his clients. He would entertain them with snow polo, rolling out the charm as they clinked champagne glasses and watched horses charge across a frozen lake. This year he couldn’t tempt a single one. For the best part of a decade, Russian money has coursed through the Swiss banking world. But, as Russia’s relationship with the west has soured in recent years, what was once a source of bumper new profits for Switzerland’s banks has become a financial and reputational risk. In the run-up to Russia’s invasion of Ukraine in February, many wealthy Russians were moving to better safeguard their money from political interference, putting assets in the names of relatives or shifting them to less closely scrutinised jurisdictions, such as Dubai. In its wake, a vast sanitisation operation is under way at Swiss banks, to try and wind down relationships with sanctioned individuals. Neutral Switzerland has matched all of the EU’s punitive financial measures against Russia. More than 1,100 of the Russian elite — including figures such as coal and fertiliser billionaire Andrey Melnichenko and banker Petr Aven, both regular visitors to Switzerland — have become financial personae non gratae in a country many had assumed would keep their fortunes safe. The biggest banks, such as the publicly listed trio of UBS, Credit Suisse and Julius Baer, have declared they will cease all new business in Russia. For critics, though these are weasel words. It is their existing Russian clients that are the problem. No one is expecting many new fortunes to be minted in Russia any time soon. “Switzerland has a terrible history when it comes to Russian dirty money,” says Bill Browder, a longstanding Kremlin critic and a former Russian investor. He is sceptical of how much commitment there is among Swiss bankers to enforcing sanctions. “The Swiss want to be seen as doing something, but they don’t actually want to do anything,” he says. The US Helsinki Commission, an independent US government agency that observes human rights and the rule of law in Europe, agrees. In a report issued in May, it labelled the alpine state and its banks “a leading enabler of Vladimir Putin and his cronies”. The Swiss government responded by calling US secretary of state Antony Blinken in protest. A spokesperson for the Swiss government said president Ignazio Cassis “rejected the [report] in the strongest possible terms”. Like their counterpart in St Moritz, Swiss bankers the FT interviewed for this story all declined to be identified. Many more refused to speak at all. Switzerland’s banking secrecy laws are draconian — talking about clients can earn a lengthy jail term — and talking about Russian clients is even more taboo. “When we were onboarding a lot of these clients [in the 2000s], the entire approach was just very different. And you can’t really say that publicly now,” says one former banker who handled eastern European and Russian clients until retiring two years ago. “These [Russians] were people who had earned so much money, so quickly, that they didn’t know what to do with it. They were basically ideal clients. As long as you had no questions about where that money had come from . . . and, basically, we didn’t.” Quite how much Russian money there is in Switzerland is open to question. In March, the industry body representing Switzerland’s banks, the Swiss Bankers Association (SBA), caused a stir when it released details of a study estimating there was SFr150bn-SFr200bn ($154bn-$205bn) held in accounts for Russian citizens. At the end of last year, the total cash held on behalf of customers by Switzerland’s banks was SFr7,879bn, more half of which was wealth from abroad, according to the SBA. The disclosure prompted hand-wringing in the Swiss media. Commentators, even at conservative outlets such as the newspaper Neue Zürcher Zeitung, asked whether Switzerland should do business with autocratic regimes anywhere in the world any more. But others in the country have defended its economic relationships with Russia. The outspoken finance director of the canton of Zug, an important low-tax centre, said in March it was not his job to “act like a detective” and make judgments on Russian assets. In April, he announced that Zug, home to 37,000 companies, had no sanctioned assets to report back to Bern. Nevertheless, by April, the State Secretariat for Economic Affairs (SECO) announced that it had frozen SFr9.7bn of Russian assets. Authorities have insisted that the amount is proportionate to the scale of asset freezes in other leading financial centres. But Bern has been forced to row back in some cases, and in May it announced it was unfreezing SFr3.4bn of funds. Switzerland cannot freeze funds “without sufficient grounds”, says Erwin Bollinger, a SECO official, who adds that the government has received data on sanctioned accounts at more than 70 of the country’s banks. Direct disclosure by the banks has been patchy. Credit Suisse chief executive Thomas Gottstein told a conference in March that about 4 per cent of assets in his bank’s core wealth management business were Russian — a proportion that would equate to roughly SFr33bn. Meanwhile, UBS, the world’s largest private wealth manager, has disclosed it has $22bn of assets of “Russian persons not entitled to residency in the European Economic Area or Switzerland”, leaving open the question of how much it holds overall. Some 16,500 Russians are permanently resident in Switzerland, and more Russians are accepted for Swiss citizenship than any other nationality, according to the State Secretariat for Migration. Julius Baer has made no direct disclosure of the size or wealth of its Russian client base, though it has said, somewhat elliptically, that the value of assets held by its Moscow-based subsidiary is some SFr400mn. Information from the dozens of other smaller Swiss private banks is even scantier. Even leading industry figures wonder what is being left unsaid. One executive, who for the past two decades has been a senior figure in the private banking world in Switzerland, says he has almost no doubt that the significance of many banks’ close working relationships with sanctioned individuals is being underplayed. “You don’t have dozens and dozens of people employed on your Russia desks if you are not making money in Russia,” he says. Moreover, he adds, many Russian clients have done their business through Swiss banks’ subsidiaries abroad, such as those in Monaco, London or Asia. It is not clear to him whether all these assets have been caught by the Swiss rules. Swiss banks have a legal obligation to record the ultimate beneficial owners of all assets they handle worldwide, but doing so accurately can be tricky in jurisdictions where it is easy for third parties to mask who the owners are. Switzerland’s banks have moved dramatically from the freewheeling approach of previous years, when there was “a run on Russia”, says Thomas Borer, a former leading Swiss diplomat turned consultant, who has worked with prominent Russian clients. He now supports Switzerland’s sanctions policy. “Being militarily neutral does not mean being economically indifferent,” he says. But he argues that Swiss banking culture is still very different from elsewhere in the west. Even the biggest banks, he says, were clinging to relationships with Russian clients as the Ukraine crisis unfolded. The Financial Times revealed that, as late as March, Credit Suisse was asking investors to destroy documents that might expose Russian oligarchs it had done business with to legal risks. One senior relationship manager at a Zurich-based bank agrees. Even as sanctions came in, he says, the dominant approach was to ask, “how can we make this work for the client?” rather than “how do we do this for the government?”. But he defends the approach, saying: “Doing everything you can for your client is a Swiss commitment to excellence. If I was a watchmaker I would want to make the best watches with many complications. And if I was a policeman, then maybe I would want to be the best at catching Russian criminals. But I’m a banker.” There is still legal ambiguity in Switzerland over whether sanctions apply to family members and friends of listed individuals. This has provided a loophole bankers have helped at-risk clients to actively exploit in recent years. Swiss banks have seen “billions” of assets transferred to the names of spouses and children of Russian clients, in a trend that accelerated in the run-up to the war, says one banker. One bank chief executive admitted recently to the FT that there were many “grey areas” in applying sanctions. Part of the problem, he said, was that bank legal departments were struggling to obtain clarity from Bern on which asset transfers were deemed to be evading sanctions and which were not. Many who have been in the industry for a long time decry the new rules they must follow around taking new clients and being certain of the source of their wealth. “Know your customer used to mean just that: do you know the person? Now it is supposed to mean: do you know every little thing about their financial and private life?” says one Geneva-based banker. Many Russians themselves knew the banks were no longer safe havens, particularly since 2018 when Swiss banks began making significant concessions to information sharing on client accounts with other governments. Swiss residency did not protect billionaire Viktor Vekselberg in 2018, for example, when he was targeted by US sanctions; both Credit Suisse and UBS moved to terminate loans with him. The SBA says its members adhere to the highest international standards. Chief executive Jörg Gasser, argues Swiss banks have “no interest in funds of dubious origin” and have rigorous procedures in place to rapidly screen for sanctioned assets. “Swiss banks have been — and still are — very careful and diligent when it comes to accepting client funds,” he says, adding it is important to recognise the huge amount of legitimate business done with Russian entrepreneurs who are not subject to sanctions. For Mark Pieth, emeritus professor of criminal law at the University of Basel and a specialist in white-collar crime, the real story of the past decade is how Switzerland’s lawyers, rather than its bankers, have become the facilitators of hidden foreign money. “Swiss bankers were extremely cosy with Russians in the past,” he says. “Alongside London, this country was the porch for Russians into the west . . . but now I wouldn’t say the problem is so much with the banks — it is all the other intermediaries.” Swiss law gives remarkable sweep to attorney-client privilege, says Pieth, meaning lawyers can refuse to disclose almost anything to the authorities about their clients. The Swiss Bar Association strongly rejects this. “Professional secrecy does not protect against criminal acts,” it says. “Lawyers know the law and know what to do.” One senior industry figure defends the banks’ position unapologetically. He says everybody now wants to know the origins of their luxury jackets. But 10 years ago nobody was asking where they were made, by whom and with what materials. In banking, as in fashion, things have changed, he says, but nobody is haranguing the fashion world in the same way they are criticising banks. Fashion companies, though, have moved with the times and opened up, whereas Switzerland’s banks, for all their insistence on change and compliance, still want to maintain as much of the secrecy surrounding their clients as possible — even at a time of international crisis.  

  • Helsinki Commission Digital Digest May 2022

  • Supporting Ukrainian Refugees

    More than 6 million Ukrainians have had to flee their country due to Russia’s brutal war of aggression. Most have entered bordering EU states, with more than half of those going to Poland. Poland and other frontline countries acted swiftly not only by opening their borders to Ukrainians, but also by enacting policies and legislation to provide them with temporary status, housing, job training, healthcare, and access to education. For its part, the Biden Administration announced that it will take in 100,000 refugees, opening a path for Ukrainians to obtain humanitarian parole in the United States. In addition, the United States has provided significant humanitarian assistance and support to countries hosting refugees. Nevertheless, as Russia’s bloody assault on Ukraine enters its third month, there is no end in sight to what has become the largest refugee crisis in Europe since World War II. Witnesses discussed the responses and challenges that frontline countries face in supporting Ukrainian refugees and how the United States might strengthen its policies in response, including by making the process of applying for visas more efficient.   Related Information Witness Biographies

  • Why I’m Sad to Be on Russia’s All-Purpose Payback List

    Reading Russia’s latest sanctions list, permanently banning travel to the country by 963 people, saddened me — and not just because my name is on it. It’s a catalogue of hurt from a nation that seems ready to blame everybody but its leaders for its current troubles. The list is very long indeed, running to nearly 100 pages in my printout. Reading so many names, you sense that Russia is deliberately burning nearly all its bridges to the United States. Russia’s ruling elite feels abused by American politicians, business leaders, journalists, judges, think tanks — nearly everyone, it seems. Donald Trump can still visit Moscow, but scores of Republican members of Congress can’t. The list of excluded GOP senators ranges from moderates such as Roy Blunt of Missouri and Mitt Romney of Utah to hard-right stalwarts Ron Johnson of Wisconsin and Tom Cotton of Arkansas. The GOP doesn’t fare much better in the House. Moderates Liz Cheney of Wyoming and Mike Gallagher of Wisconsin can’t tour the Kremlin anymore, but neither can Jim Jordan of Ohio or Marjorie Taylor Greene of Georgia. As for Democrats, forget about it. The sanctions list includes the Democratic House leadership, including Speaker Nancy Pelosi of California, Majority Leader Steny H. Hoyer of Maryland and Democratic Whip James E. Clyburn of South Carolina. The Congressional Progressive Caucus can save its rubles, too. The members of “the Squad” are all banned. So are Pramila Jayapal of Washington state and Ro Khanna of California. It’s the same on the Senate side. Majority Leader Charles E. Schumer of New York and Whip Richard J. Durbin of Illinois: Nyet, nyet.

  • Support for Ukrainian Refugees to Be Discussed at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: SUPPORTING UKRAINIAN REFUGEES U.S. Policy and Visa Issuance Wednesday, May 25, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission More than 6 million Ukrainians have had to flee their country due to Russia’s brutal war of aggression. Most have entered bordering EU states, with more than half of those going to Poland. Poland and other frontline countries acted swiftly not only by opening their borders to Ukrainians, but also by enacting policies and legislation to provide them with temporary status, housing, job training, healthcare, and access to education. For its part, the Biden Administration announced that it will take in 100,000 refugees, opening a path for Ukrainians to obtain humanitarian parole in the United States. In addition, the United States has provided significant humanitarian assistance and support to countries hosting refugees. Nevertheless, as Russia’s bloody assault on Ukraine enters its third month, there is no end in sight to what has become the largest refugee crisis in Europe since World War II. Witnesses will discuss the responses and challenges that frontline countries face in supporting Ukrainian refugees and how the United States might strengthen its policies in response, including by making the process of applying for visas more efficient. The following witnesses are scheduled to testify: Panel 1 Dana Francis, Acting Deputy Assistant Secretary of State, Bureau of Population, Refugees, and Migration,U.S. Department of State (TBC) Panel 2 H. E. Marek Magierowski, Ambassador of Poland to the United States Irina Manelis, Esq., Principal, Manelis Law

  • Putin's Bribetakers and Warmongers

    The Helsinki Commission was briefed on 6,000 bribetakers and warmongers identified by Alexei Navalny's Anti-Corruption Foundation.

  • Helsinki Commissioners Lead Bipartisan Ask for Biden to Sanction Russians Responsible for Jailing Opposition Leader Vladimir Kara-Murza

    WASHINGTON—U.S. Senator Ben Cardin (MD), author of the Global Magnitsky Human Rights Accountability Act and Chair of the Commission on Security and Cooperation in Europe (Helsinki Commission), along with Helsinki Commission Ranking Member Senator Roger Wicker (MS) and Commissioners Senators Jeanne Shaheen (NH) and Sheldon Whitehouse (RI) are urging President Joe Biden to publicly sanction “every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza.” The lawmakers made the plea last week in a letter that also was signed by U.S. Representatives Steve Cohen (TN-09), Co-Chair of the Helsinki Commission; Joe Wilson (SC-02), Ranking Member of the Helsinki Commission; Gerald Connolly (VA-11); John Curtis (UT-03); Brian Fitzpatrick (PA-01), Ruben Gallego (AZ-07); Richard Hudson NC-08); Sheila Jackson-Lee (TX-18); Marcy Kaptur (OH-09); Bill Keating (MA-09); Adam Kinzinger (IL-16); Tom Malinowski (NJ-07); Peter Meijer (MI-03); Mike Levin (CA-49); Gwen Moore (WI-044); Burgess Owens (UT-04); Katie Porter (CA-45); Maria Elvira Salazar (FL-27); Abigail Spanberger (VA-07); and Marc Veasey (TX-33). “Kara-Murza is a Russian opposition politician who has long stood up against Russian dictator Vladimir Putin. He embodies what Russia might be one day when it is democratic and free,” the lawmakers wrote. “As Russia loses its brutal war of aggression against Ukraine, we must consider what might come next in that country. Kara-Murza offers a vision of a Russia free from imperialist kleptocracy. He has bravely answered the call of many Ukrainians for Russians to take a stand and oppose this bloody and senseless war. He must be immediately freed and allowed to continue his work.” The full letter is below and can be downloaded at this link. President Joseph R. Biden, Jr. The White House 1600 Pennsylvania Ave., NW Washington, DC 20500 Dear President Biden, We urge you to name and sanction every Russian official and associate involved with the false arrest, detention, and political persecution of Vladimir Kara-Murza. Kara-Murza is a Russian opposition politician who has long stood up against Russian dictator Vladimir Putin. He embodies what Russia might be one day when it is democratic and free. We also urge you to examine whether to sanction those involved in the persecution and imprisonment of other Russian political prisoners. Kara-Murza is a Russian patriot who has fought for decades for democracy in Russia and a prosperous future for his country. For this, the regime in Russia has poisoned him twice. On April 11, while in Russia, Kara-Murza called this regime “a regime of murderers.” He was then arrested, and now faces trumped up charges that may result in years of unjust imprisonment. Kara-Murza was the key Russian activist behind the passage of the Magnitsky Act and its adoption by our allies. The late Senator John McCain called him “one of the most passionate and effective advocates for the passage of the Magnitsky Act.” Kara-Murza himself, like his mentor Boris Nemtsov before him, has called the Magnitsky Act the most “pro-Russian law passed in the United States in the history of our countries.” Nemtsov was murdered in front of the Kremlin. The Magnitsky Act is the appropriate tool to sanction those involved in the persecution of Kara-Murza. We ask that you coordinate with our allies to sanction these individuals at the same time. The European Union, the United Kingdom, Canada, and Australia now all have Magnitsky sanctions laws of their own. As Russia loses its brutal war of aggression against Ukraine, we must consider what might come next in that country. Kara-Murza offers a vision of a Russia free from imperialist kleptocracy. He has bravely answered the call of many Ukrainians for Russians to take a stand and oppose this bloody and senseless war. He must be immediately freed and allowed to continue his work. Sincerely,

  • Swiss Release Some Frozen Russian Assets

    The Swiss government on Thursday reported 6.3 billion Swiss francs ($6.33 billion) worth of Russian assets frozen under sanctions to punish Moscow's invasion of Ukraine, a drop from early April as around 3.4 billion francs in provisionally blocked assets were released. The figure marked a decrease from roughly 7.5 billion Swiss francs in funds the government reported frozen on April 7. Government official Erwin Bollinger pointed to fewer funds -- 2.2 billion francs -- newly frozen than those that had been released. read more "We can't freeze funds if we do not have sufficient grounds," Bollinger, a senior official at the State Secretariat for Economic Affairs (SECO) agency overseeing sanctions, told journalists. Pressure has increased on Switzerland -- a popular destination for Moscow's elite and a holding place for Russian wealth -- to more quickly identify and freeze assets of hundreds of sanctioned Russians. read more The U.S. Helsinki Commission, a government-funded independent commission which looks at security, cooperation and human rights issues in Europe, in early May called Switzerland "a leading enabler of Russian dictator Vladimir Putin and his cronies", who the commission said used "Swiss secrecy laws to hide and protect the proceeds of their crimes". The Swiss government rejected the accusations "in the strongest possible terms", while Swiss President Ignazio Cassis had requested the U.S. government "correct this misleading impression immediately" during a telephone call with U.S. Secretary of State Antony Blinken. Swiss banks hold up to $213 billion of Russian wealth, Switzerland's bank lobby estimates, with its two largest lenders UBS (UBSG.S) and Credit Suisse (CSGN.S) each holding tens of billions of francs for wealthy Russian clients. read more Credit Suisse alone froze some 10.4 billion Swiss francs of that money through March under sanctions imposed in connection with the invasion. read more Credit Suisse's reporting did not make clear how much of that money was frozen in Switzerland. While banks and asset managers can provisionally freeze funds, SECO officials on Thursday said funds needed to be released if they could not establish the assets were directly owned or controlled by a sanctioned individual. "The amount of assets frozen is not a measure of how effectively sanctions are being implemented," Bollinger said, adding asset freezes were "by far" not the most important measure in a wide-ranging packet of sanctions. ($1 = 0.9948 Swiss francs)

  • Russia's Swiss Enablers

    Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and his cronies. After looting Russia, Putin and his oligarchs use Swiss secrecy laws to hide and protect the proceeds of their crimes. Close relations between Swiss and Russian authorities have had a corrupting influence on law enforcement personnel in Switzerland and have led to the resignation of numerous officials, including the head prosecutor of Switzerland. A recent Organized Crime and Corruption Reporting Project investigation found that Credit Suisse catered to dozens of criminals, dictators, intelligence officials, sanctioned parties, and political actors, and identified problematic accounts holding more than $8 billion in assets. According to the Financial Times, Credit Suisse also asked investors to destroy documents linked to yacht loans made to oligarchs and tycoons. This briefing examined the relationship between Switzerland and Russia in light of Putin’s full-scale invasion of Ukraine. Panelists discussed how a compromised Switzerland affects U.S. national security and whether the United States should rethink its strategic bilateral relationship with Switzerland. Related Information Panelist Biographies How the Swiss Law Enforcement Capitulated to the Russians in the Magnitsky Case - Bill Browder

  • Swiss Attacked for Going Easy on Seizing Russian Billions

    The $7.6 billion in Russian assets seized to date by Swiss authorities is “insulting,” outspoken Kremlin critic Bill Browder said at briefing on Russian money in Switzerland.  It’s “a lot of money in absolute terms but Switzerland is one of the main destinations for dirty Russian money,” said Browder. Given the Swiss Bankers Association has said there’s as much as 150 to 200 billion Swiss francs ($202 billion) in Russian assets in the country’s banks “I would almost say it’s slightly insulting,” he said.  Browder, who has also highlighted what he perceives to be Swiss prosecutors’ soft approach to investigating Russian financial crime, called on the U.S. to review its cooperation framework with its Swiss counterparts, during the hearing organized by the Commission on Security and Cooperation in Europe on Thursday. “Based on my experience, it would lead me to believe the Swiss are knowingly turning their head the other way when it comes to some of the other oligarchs,” said Browder. The Swiss government said a month ago it had blocked 7.5 billion Swiss francs ($8 billion) in Russian assets in the country to date, as it issues sanctions that mirror those imposed by the European Union on those seen as close to Vladimir Putin.  That figure represented a jump of 30% from their previous tally two weeks earlier and Swiss officials say the number will continue to rise as more assets hidden behind shell companies or in the names of associated are painstakingly uncovered.  Switzerland surprised the world in early March by departing from its tradition of neutrality and saying it would fully embrace the European Union measures against Russia.  But critics including Browder contend that the country needs to go much further. Read more: Swiss Hunt for Russian Wealth Criticized Despite $6 Billion Haul Erwin Bolliger, the chief of the Swiss Secretariat for Economic Affairs which is enforcing the sanctions, has tried to explain the gap by pointing out that are plenty of legitimately-held Russian investments in Switzerland. “There is merit in Bill’s suggestion to review the law enforcement relations between the U.S. and Switzerland,” said Mark Pieth, a law professor at the University of Basel and corruption expert, said at the hearing. Up until now, Switzerland’s approach to clamping down on dirty Russian money in the country has shown a “lack of courage,” Pieth said.

  • Helsinki Commission Regrets Closure of OSCE Special Monitoring Mission to Ukraine

    WASHINGTON—On April 28, the OSCE announced that Russia had definitively forced the closure of the Special Monitoring Mission (SMM) to Ukraine, following its veto of the mission’s mandated activities as of April 1. In light of this announcement, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “Moscow’s choice to force the closure of the OSCE Special Monitoring Mission to Ukraine is only its latest offense against the rules-based international order. The brave monitors and staff who served the mission, in place since 2014, did exactly what they were supposed to do. Despite continual harassment and under constant threat, they reported objectively on ceasefire violations, informing the international community about the brutal reality of Russia’s war against Ukraine. The monitors’ clear and continuous reporting allowed the world to draw its own conclusions about the roots of Russia’s aggression. Moscow’s move to force the mission to close only underlines its desire to hide this ugly fact. “As we commend the service of these brave monitors and condemn Russia’s obstruction, we renew our call on Moscow to immediately release all Ukrainian SMM staff members who have been detained in occupied parts of Ukraine. “We also mourn the recent loss of Maryna Fenina, a Ukrainian national serving with the SMM who was killed by Russia’s shelling in Kharkiv on March 1, and we will never forget American paramedic Joseph Stone, who was killed while serving in support of the mission when his vehicle struck a landmine in Russian-controlled territory in eastern Ukraine on April 23, 2017.” The SMM was established in 2014 as an unarmed, civilian mission and served as the international community’s eyes and ears on the security and humanitarian situation in the conflict zone. It operated under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine.

  • Helsinki Commission Briefing to Examine Swiss Enabling of Russian Oligarchs

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: RUSSIA’S SWISS ENABLERS Thursday, May 5, 2022 10:00 a.m. Register: https://ushr.webex.com/ushr/j.php?RGID=r72f85e0c40a09b609b328a9481f54063 Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and his cronies. After looting Russia, Putin and his oligarchs use Swiss secrecy laws to hide and protect the proceeds of their crimes. Close relations between Swiss and Russian authorities have had a corrupting influence on law enforcement personnel in Switzerland and have led to the resignation of numerous officials, including the head prosecutor of Switzerland. A recent Organized Crime and Corruption Reporting Project investigation found that Credit Suisse catered to dozens of criminals, dictators, intelligence officials, sanctioned parties, and political actors, and identified problematic accounts holding more than $8 billion in assets. According to the Financial Times, Credit Suisse also asked investors to destroy documents linked to yacht loans made to oligarchs and tycoons. This briefing will examine the relationship between Switzerland and Russia in light of Putin’s full-scale invasion of Ukraine. Panelists will discuss how a compromised Switzerland affects U.S. national security and whether the United States should rethink its strategic bilateral relationship with Switzerland. The following panelists are scheduled to participate: Bill Browder, Head, Global Magnitsky Justice Campaign Miranda Patrucic, Deputy Editor in Chief, Regional and Central Asia, Organized Crime and Corruption Reporting Project Mark Pieth, President of the Board, Basel Institute on Governance  

  • Helsinki Commission Digital Digest April 2022

  • Helsinki Commission Leaders Condemn Detention of OSCE Officials by Russian-Led Forces in Ukraine

    WASHINGTON—Following the detention of four Ukrainian nationals serving as members of the OSCE Special Monitoring Mission in Russian-controlled areas of eastern Ukraine who reportedly were accused of illegal activities including treason and espionage, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “The targeting and detention of OSCE officials by Russian-controlled forces is utterly unacceptable. Those detained must be released immediately. We will hold Russian officials responsible for any mistreatment they suffer.” On April 24, the Organization for Security and Cooperation in Europe (OSCE) confirmed that four Ukrainian staff members of the OSCE Special Monitoring Mission to Ukraine (SMM) had been detained and held “for engaging in administrative activities that fall within their official functions as OSCE staff.”   The SMM had served a critical function as the eyes and ears of the international community in the conflict zone since 2014, until a Russian veto forced its mandated activities to cease on April 1. Since then, Ukrainian mission members had been carrying out minimum necessary administrative tasks focused on efforts to ensure the safety and security of its mission members, assets, and premises throughout Ukraine, including in Russian-controlled areas.

  • Diverse Voices Reporting From Ukraine

    Journalists in Ukraine risk their lives daily to report the reality of war. Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions. So far, at least seven journalists have been killed, and others injured, while covering Russia's genocidal war against the people of Ukraine. During a briefing, held April 20, 2022, attendees heard from three journalists currently reporting from Ukraine: Oz Katerji, a freelance conflict journalist; Asami Terajima, a journalist with the Kyiv Independent; and Olga Tokariuk, an independent journalist based in Ukraine and a non-resident fellow with CEPA. All of the panelists are journalists currently in Ukraine, whose diverse backgrounds bring important perspectives on the war. The discussion centered on their personal experiences, the contributions their diverse backgrounds bring to their coverage, and the experiences of individual Ukrainians they have encountered during the war. The briefing was moderated by Helsinki Commission Senior Policy Advisor Bakhti Nishanov. Co-Chairman Rep. Steve Cohen (TN-09) opened the hearing by expressing his gratitude and appreciation to the panelists and stressed the importance of listening to voices on the ground in Ukraine. In opening remarks, Nishanov highlighted the rampant deceit surrounding narratives on the war in Ukraine and emphasized the purpose of the briefing: to spotlight diverse voices reporting in Ukraine, to listen to their stories, and to respond with action. Oz Katerji gave an account of the horrifying tactics utilized by the Russian military in Syria, which are now being repeated in Ukraine. He stated that Putin has been given impunity for decades in response to Russian aggression in Syria, Georgia, Chechnya, and now in Ukraine. “Syria was the opening shot and Ukraine is the continuation of Putin’s war of expansion into Europe,” he said, “Putin won’t stop unless he is stopped.” Asami Terajima shared a moving account of the Ukrainian people’s spirit and resilience, and denounced claims of Nazism in Ukraine as absurd. She described Ukrainians as brave, freedom-loving people and said that even in such difficulty, they are already rebuilding their lives as best they can. Olga Tokariuk reiterated the danger faced by all those in Ukraine, whether in the eastern or western regions. Russia has attacked Lviv and injured dozens in the region, in addition to the massive human rights violations it already has committed in every region of Ukraine. Tokariuk warned that unless Russia is stopped, it will continue to perpetrate genocide on a massive scale in Ukraine. She said, “Russia will not stop in Donbas…No one in Ukraine is safe or can be safe unless Russia is defeated and Ukraine wins this war.” Attendees raised a number of questions to the panelists, ranging from the logistics of transporting military equipment to the value of counteracting propaganda within Russia. Related Information Panelist Biographies Oz Katerji: "In the Liberated Kyiv Suburbs, Two Tales of War Emerge" Olga Tokariuk: "Syrian Doctors Are Teaching Ukrainians How to Prepare for Chemical Attacks"

  • Biden administration urged to ban UK lawyers who ‘enabled’ oligarchs

    A member of Congress has urged the Biden administration to place travel bans on senior British lawyers that acted for wealthy Russian clients against investigative journalists. Steve Cohen, a Democratic representative from Tennessee, has written to Antony Blinken, the US secretary of state, urging him to sanction the lawyers for having “enabled malign activities of Russian oligarchs”. His letter comes as the Biden administration looks to increase its support for Ukraine in its war against Russia and tighten sanctions against those who have supported the Russian regime. Cohen wrote: “Oligarchs who hire lawyers to engage in abusive cases against journalists to silence them cannot exert malign influence in our system . . . the United States must establish deterrents for foreign enablers serving individuals who are undermining democracy.” The state department did not respond to a request for comment. Cohen singled out several lawyers he believed should be subject to bans on visas for travel to the US: Nigel Tait of Carter-Ruck; John Kelly of Harbottle & Lewis; barrister Hugh Tomlinson; Geraldine Proudler of CMS; Keith Schilling of Schillings; and Shlomo Rechtschaffen of SR law. Each of the lawyers is well known in London legal circles, with firms like Carter-Ruck and Schillings having established strong reputations in defamation law and reputation management. Tait, Kelly, Tomlinson and Proudler all worked on recent cases against the former Financial Times journalist Catherine Belton or her publisher HarperCollins, or both. Belton and HarperCollins were sued last year by several Russian oligarchs including Roman Abramovich over her book Putin’s People, which details the rise to power of Russia’s president Vladimir Putin. The lawsuits were later settled or withdrawn. Cohen cited Schillings’ work for Malaysian businessman and fugitive Jho Low. British ministers have expressed concern over the way in which UK courts are used by wealthy foreigners to launch libel cases. Dominic Raab, the justice secretary, last month set out proposals to limit any so-called Strategic Lawsuits Against Public Participation. Also in March Bob Seely, the MP for the Isle of Wight, used parliamentary privilege to claim “amoral” City lawyers were teaming up with “Putin’s henchmen” to offer “legalised intimidation”. A spokesperson for Tomlinson said: “Regulatory rules for lawyers are very strict and work to ensure equal entitlement to independent legal advice. Mr Tomlinson acted properly and in accordance with those rules throughout and has never acted as Mr Cohen suggests.” Tait’s firm Carter-Ruck said: “The claims made against Carter-Ruck are misconceived and are rejected entirely. In addition to other matters, we are not working for any Russian individuals, companies or entities seeking to challenge, overturn, frustrate or minimise sanctions.” It added: “We are not acting for, and will not be acting for, any individual, company or entity associated with the Putin regime in any matter or context, whether sanctions-related or otherwise, and will continue to conduct all ‘know your client’ checks in accordance with all applicable laws and regulations, as we have always done.” Cohen cited Rechtschaffen for his representation of Israeli-British businessman Walter Soriano, who he alleged was an “enabler” of certain oligarchs including Abramovich. Rechtschaffen said: “Walter Soriano is not an enabler of any oligarch . . . The English courts have said that the claim against Mr Stedman is not abusive.” Harbottle & Lewis said the firm had “acted at all time in accordance with its professional and legal obligations, and takes these matters very seriously”. Schillings said the firm did not act for any sanctioned entities and could not comment on client matters. It added that Cohen’s allegations were “wholly misplaced” and “misinformed”. It said the firm had upheld “the highest traditions of the legal profession”. Proudler’s firm CMS said it rejected Cohen’s allegations, adding that Proudler and the firm had been “compliant with all professional regulations”. “As we have said since the invasion of Ukraine, CMS is no longer accepting new instructions from Russian based entities or from any individuals with connections to the Russian government.”

  • Helsinki Commission Urges U.S. Administration to Consider Sanctioning Remaining Individuals Involved in Persecution of Sergei Magnitsky

    WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Member Rep. Joe Wilson (SC-02) today released a letter sent April 15 to President Biden urging the U.S. administration to consider sanctioning the remaining individuals involved in the persecution of Sergei Magnitsky, the fraud he uncovered, and the coverup of his death in 2009. The letter read in part: “The passage and enforcement of the Magnitsky Act was among the rare times in the last decade that the United States rightly put universal values first in its relationship with Russia. Sergei Magnitsky courageously stood up to the Putin regime’s corruption and represents what Russia might be one day. He has served as an inspiration for Russian activists and civil society who dream of a Russia that respects human rights and complies with its own freely undertaken international commitments… “At this time of great upheaval, it could not be more important that the United States demonstrate its commitment to universal values. Sanctioning these individuals responsible for dismantling the rule of law in Russia and killing one of Russia’s bravest whistleblowers would have this effect.” Included with the letter was a list that includes the names and identifying information of 255 individuals who have not yet been sanctioned for their apparent role in Sergei Magnitsky’s death and the $230 million tax fraud he exposed. The list was compiled by Hermitage Capital Management LLC, the firm where Sergei Magnitsky worked at the time of his arrest and murder.   The full letter and list are available online. 

  • Journalists Reporting from Ukraine to Speak at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online staff briefing: DIVERSE VOICES REPORTING FROM UKRAINE Wednesday, April 20, 2022 10:00 a.m. Register: https://bit.ly/3E89IZX Journalists in Ukraine risk their lives daily to report the reality of war. Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions. So far, at least seven journalists have been killed, and others injured, while covering Russia's genocidal war against the people of Ukraine. This briefing will convene journalists currently in Ukraine, whose diverse backgrounds bring important perspectives on the war. The discussion will center on their personal experiences and those of individual Ukrainians they have encountered during the war. The following panelists are scheduled to participate: Oz Katerji, Freelance conflict journalist Asami Terajima, Journalist, Kyiv Independent Olga Tokariuk, Independent journalist based in Ukraine; Non-Resident Fellow, CEPA  

  • Helsinki Commission Calls on Russia to Release 'True Patriot' Kara-Murza

    A U.S. human rights monitor is calling for the release of journalist Vladimir Kara-Murza, a prominent Russian opposition figure who has spoken out against what he has called his government's crackdown on dissent. The U.S. Helsinki Commission on Monday raised alarm over the detention of Kara-Murza in Moscow a month after he outlined the Kremlin's increased use of propaganda and censorship. His arrest is the latest report of authorities attempting to silence critics since Russian President Vladimir Putin launched his invasion of Ukraine in February. "We are alarmed to learn that Vladimir Kara-Murza has been detained in Moscow. Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people," the commission said in a statement. "He must be allowed access to his lawyer and should be released immediately." The commission, a U.S. government agency comprised of members of Congress and representatives from federal agencies, heard testimony from Kara-Murza who described how the Russian government has used disinformation and the growing struggles of independent media outlets. The Russian government in March enacted new restrictions, criminalizing media from using the word "invasion" to describe the conflict in Ukraine. Those who violate them could face up to 15 years in prison. Speaking before the commission, Kara-Murza said that following the invasion, Putin moved swiftly against "what remained of independent media in Russia." Kara-Murza said that within days, authorities shuttered independent outlets, including Echo of Moscow, a radio station where he hosted a weekly program. He also pointed to how the Russian government has blocked access to social media networks. Other news outlets, such as highly respected Novaya Gazeta, ceased publication because of censorship, he said. Calling many Russians "brainwashed," he said many are not even aware of potential war crimes their government is alleged to have committed in Ukraine. "Today, most Russians are in an Orwellian parallel reality created by the Kremlin propaganda machine," Kara-Murza told the commission. "And I mean, Orwellian in the literal sense, what's being said on Russian state television might as well have come out of George Orwell's 1984: 'War is peace. Freedom is slavery. Ignorance is strength.'" Since Russia's new censorship laws have gone into effect, reports have emerged of students or parents turning in teachers who spoke disapprovingly of the war. Nobel Prize laureate and editor-in-chief of Novaya Gazeta, Dmitry Muratov, was attacked on a train. Russian authorities have also threatened Wikipedia with a nearly $50,000 fine for refusing to delete "illegal information." Kara-Murza, an author and politician who was repeatedly poisoned, has continued speaking out despite his arrest, making an appearance on MSNBC on Sunday.

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