Title

Bringing Justice to Southeastern Europe

Thursday, May 15, 2003
3:30pm
2261 Rayburn House Office Building
Washington, DC 20515
United States
Members: 
Name: 
Hon. Chris Smith
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Ben Cardin
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Mrs. Carla del Ponte
Title: 
Chief Prosecutor
Body: 
International Criminal Tribunal for the former Yugoslavia (ICTY)

Representative Chris Smith of New Jersey spoke on behalf of the Commission on the Yugoslav conflicts and its tumultuous impact on the development of post-Cold War Europe, as it exposed flaws in the United Nations and the European Union, whilst simultaneously inspiring the OSCE and NATO to act. The briefing addressed the establishment of the International Criminal Tribunal for the former Yugoslavia and the understanding that justice must be part of a post-conflict recovery.

The speaker – Honorable Carla del Ponte, Chief Prosecutor for the International Criminal Tribunal for the former Yugoslavia since 1999 – was responsible for ensuring that those individuals responsible for war crimes, crimes against humanity and genocide in contemporary Southeast Europe were held accountable. She spoke of the limitations and successes of the Tribunal, referring to two decades of experience as a prosecutor.

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  • Chairman Smith and Rep. McGovern Introduce “Global Magnitsky Human Rights Accountability Act”

    WASHINGTON—Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, and Rep. Jim McGovern (MA-02), today introduced the “Global Magnitsky Human Rights Accountability Act” (H.R. 624). The bill prohibits foreign human rights offenders and corrupt officials operating anywhere in the world from entering into the United States and blocks their U.S. assets. It effectively globalizes and strengthens the “Sergei Magnitsky Rule of Law Accountability Act of 2012,” which was directed at individuals and entities from Russia. “The ‘Global Magnitsky Human Rights Accountability Act’ is a game-changer, and demonstrates America’s commitment to protecting human rights worldwide,” said Chairman Smith. “We are sending a message to the world’s worst human rights violators:  we will shine a spotlight on your crimes. We will deny your visas. We will freeze your assets. No matter who you are or how much money you have, you won’t be enjoying the fruits of your misdeeds by visiting the United States or taking advantage of our financial institutions.” “We have made important progress in the last few years,” Rep. McGovern said.  “But since the introduction of the original Magnitsky Act, human rights defenders and anti-corruption activists worldwide have urged us to pass a law that covers similar violations in countries other than Russia.  Through the Global Magnitsky Act, we can better standardize our approach to human rights violators and provide clear guidance to the executive branch on how we expect these perpetrators to be held accountable.” “Conscripting child soldiers, kidnapping political opponents, and brutalizing people based on their religion are horrifying acts for which people must be held accountable – and this bill will do it,” said Chairman Smith. “The earlier Magnitsky Act enjoyed overwhelmingly bipartisan support in both the House and the Senate. I expect the Global Magnitsky Act to move forward with the same level of commitment in both chambers, and on both sides of the aisle.” Earlier this week, Senators Ben Cardin (MD) and John McCain (AZ) introduced similar legislation in the Senate, which also applies worldwide and employs visa bans and property freezes. Unique aspects of the House bill include the requirement that the President impose sanctions if he or she determines that a foreign person has committed gross human rights offenses. The bill also permits the President to sanction perpetrators regardless of whether the victims were exercising or defending basic human rights; requires that the annual Global Magnitsky List be released each year on Human Rights Day; and directs the Comptroller General to assess and report on implementation. Both the “Global Magnitsky Human Rights Accountability Act” and the earlier “Sergei Magnitsky Rule of Law Accountability Act of 2012” were inspired by Russian lawyer Sergei Magnitsky, who was arrested and imprisoned by the Russian government following his investigation into fraud involving Russian officials. He was beaten to death by prison guards in 2009 after being held in torturous conditions for 11 months without trial. Summary: The “Global Magnitsky Human Rights Accountability Act” This act requires the President to publish and update a list of foreign persons or entities that the President determines are responsible, and who the President has sanctioned, for gross violations of internationally recognized human rights – including extrajudicial killings, torture, enforced disappearances, and prolonged, arbitrary detention – or significant corruption. Known as the Global Magnitsky List, the list will be due annually on December 10 (Human Rights Day). Although the bill directs the President to prioritize cases where the victims were seeking to exercise or defend internationally recognized human and rights and freedoms, like freedom of religious, assembly, and expression, or expose illegal government activity, the President can act regardless of the victim. Sanctions on these individuals and entities will include: Prohibiting or revoking U.S. visas or other entry documentation for foreign individuals. Freezing and prohibiting U.S. property transactions of a foreign individual or entity if such property and property interests are in the United States; come within the United States; or are in, or come within, the control of a U.S. person or entity. This act also requires the Comptroller General of the United States to assess the implementation of the law and report to Congress, so that Congress can ensure it is being executed fully.

  • U.S. Helsinki Commission Chair Notes Challenges, Need for Action on International Human Rights Day

    WASHINGTON—To mark International Human Rights Day, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: "It has been a difficult year for those of us who are active in human rights in the OSCE region. Russia’s invasion of Ukraine has flagrantly violated the principles enshrined in the Helsinki Final Act, exacerbated regional security, and further revealed the weaknesses of Russia’s own democracy .  The space for civil society – the guardians of the rule of law and fundamental freedoms – is shrinking in more than a few of our participating States, including Russia, Azerbaijan, and Hungary, breeding abuse of power and corruption. We have been appalled by violent anti-Semitic attacks and a rising tide of intolerance across the OSCE region against minorities and other vulnerable populations.  Uzbekistan holds the world’s longest-imprisoned journalist, who languishes alongside of thousands of political prisoners. "Clearly, the challenges for the countries of the OSCE are as great as ever.  We look forward to supporting Serbia’s 2015 chairmanship of the OSCE, which offers an opportunity both for the country and for the organization. As the effective successor to the only country to be suspended from the Helsinki process, Serbia is a concrete example of how a country can turn things around and how the OSCE can contribute. "In particular, we urge Serbia to build on decisions adopted at last week's Basel Ministerial Council on combating anti-Semitism and corruption.  These are challenges faced by virtually every OSCE participating State. We hope that Serbia will move forward with conviction to support these initiatives and to defend and advocate for the Helsinki principles throughout the region." December 10, International Human Rights Day, celebrates the adoption of the Universal Declaration on Human Rights by the UN General Assembly on December 10, 1948.

  • Cardin Lauds Compensation for Holocaust Victims Transported by National Society of French Railways

    WASHINGTON–U.S. Senator Ben Cardin (D-Md.), Chairman of the U.S. Helsinki Commission and a senior member of the Senate Foreign Relations Committee, released the following statement expressing support for the establishment of a fund to compensate victims and surviving family members transported by The National Society of French Railways (SNCF) during the Holocaust. "In March, one of those who survived the war-time deportations, Leo Bretholz of Maryland, passed away. Leo escaped from a train transporting him to almost certain death. He spent the rest of the war fighting the Nazi regime and helping others escape. In his later years, Leo worked with members of the Maryland General Assembly to secure reparations for Holocaust survivors who were transported to the camps on French railways. I take solace in knowing that his already incredible legacy lives on through this agreement. "I applaud the agreement reached between the United States and France to compensate those who survived deportation from France by SNCF but who, as non-nationals of France, were excluded from previous compensation programs.  The agreement shows that the quest to right the wrongs of the past is still ongoing and, most importantly, it is still possible to achieve some measure of justice for those who suffered so terribly. For some people around the world the Holocaust may be history, for those who have survived the horror is still very real. "This settlement is a well-deserved victory for aging survivors and their families across the world.  I commend the Government of France for its efforts to advance responsibility, memory and justice and I hope the French National Assembly will be able to expeditiously ratify this agreement."

  • Cardin Statement on the Senate Intelligence Committee Report on Torture

    WASHINGTON – U.S. Senator Ben Cardin (D-Md.), a senior member of the Senate Foreign Relations Committee and chairman of the U.S. Helsinki Commission, released the following statement in response to the Senate Intelligence Committee’s review of the CIA’s detention and interrogation program: “The United States has a solemn obligation to protect human rights both abroad and at home, as we honor our Constitution and international commitments.  Shortly after taking office, President Obama thankfully ended the CIA’s detention and interrogation programs.  The exhaustive report from the Senate Intelligence Committee documents that the CIA’s enhanced interrogation techniques were not effective and violated international commitments and the core principles of the United States. It also resulted in fabricated information and did not lead to the collection of imminent threat intelligence. Years may have passed by since these egregious activities occurred, but the United States must confront the mistakes that were made as we responded to the devastating 9/11 attacks.  We must put in place mechanisms to ensure that these types of abuses never happen again.  America’s reputation and moral leadership in the world are at stake.  We can and must strive to prevent and disrupt future terrorist attacks while continuing to safeguard the core values and human rights we as a Nation hold dear.”

  • U.S. Helsinki Commission Welcomes Candidacies of Germany, Austria for Future OSCE Chairs

    WASHINGTON—On November 4, Germany formally announced its candidacy for the 2016 chairmanship of the Organization for Security and Cooperation in Europe (OSCE), followed by Austria, which announced its candidacy for the 2017 chairmanship. In response, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe and Representative Chris Smith (NJ-04), Co-Chairman of the Commission, issued the following joint statement: “We welcome the initiative demonstrated by the German and Austrian governments during a pivotal moment in the history of the OSCE. The leadership of these nations, which have been committed to the Helsinki Process from the very beginning, will be vital. We thank them in advance for their willingness to lead and for their drive to advance the cause of human rights, democracy, and international cooperation among our participating States.” The OSCE Chairmanship rotates annually among the 57 participating States, and is decided by consensus. The post of the Chairperson-in-Office (CiO) is held by the Foreign Minister of the participating State selected to hold the Chairmanship. The CiO is assisted by the previous and succeeding Chairpersons; the three of them together are known as the Troika, which ensures continuity and consistency in the OSCE’s work. Switzerland currently holds the OSCE Chairmanship, and Serbia will assume the OSCE Chairmanship in January 2015.

  • Statement by Commissioner Representative Mike McIntyre at the OSCE PA Fall Meeting

    OSCE PA Autumn Meeting Session 1: Political and Military Dimension Debate on the Crisis in Ukraine  This Parliamentary Assembly spoke clearly on this matter in the Declaration adopted at the annual session in Baku.  Starting with vicious propaganda and intimidation of journalists, Moscow created this conflict by stoking irrational fears and then reinforcing violence in Ukraine with men and materiel from the Russian Federation. Russia has flagrantly violated international norms and commitments, including all ten core principles of the Helsinki Final Act. This is an attempt to deny a neighboring country and fellow OSCE member of the ability to make its own decisions regarding its own future. Russia has worked actively to suppress Ukraine’s aspirations towards freedom, democracy, and human dignity.  The United States underscores the critical role of the OSCE throughout this tragic conflict which began with the attempted illegal annexation of Crimea. As the largest regional organization in the world, the OSCE has a prominent role in trying to end this war. We have been encouraged by all of the efforts of the OSCE in Ukraine to monitor and work to reduce tensions and foster peace, security, and stability. The OSCE can become a stabilizing presence as to what is, in-fact, happening.  We are increasingly concerned by continued reports of Russian and separatist violations of the ceasefire. We have seen little progress by the Russian Federation or the Russia-backed separatists since these agreements were adopted last month. Russia-backed separatist forces continue to attack Ukrainian positions, including several positions within the agreed exclusion zone area!  Our frank criticism is not, as some might assert, an effort to create a new Cold War environment, but an effort to prevent one. That has been, and will always be, the purpose of our candid debates in the OSCE. Let us fulfill our mission as the OSCE!  We again call on the Russian Federation to implement its part of the agreements fully by immediately withdrawing all Russian military forces and equipment from inside Ukraine and returning control of the international border to Kyiv. That is the bottom line! Russia must respect Ukraine’s sovereignty and territorial integrity by ending both its unlawful activities in eastern Ukraine and its occupation of Crimea.  Why do we have an OSCE if nations will not respect one another’s sovereignty and dignity? The time is now. This is the test! May God grant us wisdom in this decision.

  • Helsinki Commission on Opening of Europe’s Largest Human Rights Meeting

    WASHINGTON—U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and Representative Chris Smith (NJ-04), Co-Chairman of the Commission, released the following statement ahead of the Organization for Security and Cooperation in Europe (OSCE) annual high-level meeting on human rights. From September 22-October 3, civil society and government representatives of OSCE participating States will gather in Warsaw, Poland, for the annual Human Dimension Implementation Meeting to discuss compliance with the full range of OSCE human dimension commitments, with special focus on migrant rights, minority issues, and combating violence against women and children. “The Human Dimension Implementation Meeting takes place while Russian aggression in Ukraine continues to threaten basic OSCE principles. I expect this will be a major focus of the meeting, as well as Russian actions at home that are cynically rolling back the ability of civil society to comment on or contribute to how that country functions," said Chairman Cardin. "I am pleased that Professor Brian Atwood will head the U.S. Delegation at this critical time. The promises OSCE states made to one another almost 25 years ago, that respect for human rights within any country is a matter of concern for all states, has guided us and must continue to do so. I also welcome the leadership of the U.S. Ambassador to the OSCE, Daniel Baer, who will be taking a high-level study group to the Auschwitz-Birkenau death camp." Co-Chairman Smith said, “The Russian government’s gross human rights violations in Ukraine must be a central topic of discussion at the Human Dimension meeting. HDIM is an indispensable tool for holding states accountable to OSCE commitments and most effective when both government and civil society representatives have equal opportunity to debate each state’s human rights record.  One issue that states and civil society must discuss this year in Warsaw, and at the OSCE “Berlin Plus 10” anti-Semitism conference in November, is the alarming rise of anti-Semitic incidents in the OSCE region.  The OSCE must also continue to combat trafficking in human beings, including through fulfilling commitments taken last year to train transportation workers to identify possible victims and to improve law enforcement information sharing internationally on potential sex tourists. Commitments are made to be kept.”

  • Co-Chairman Smith and Rep. Keating Introduce Resolution Supporting Progress and Reform in Bosnia

    WASHINGTON— U.S. Representative Chris Smith (NJ-04) introduced House Resolution 746 expressing support for the people of Bosnia as they prepare for elections on October 12, and for reforms that will enhance the country’s prospects for Euro-Atlantic integration.  “Nineteen years after the Srebrenica genocide and the Dayton Peace Accords, ethnic divisions have hardened as a generation has grown up under a system that classifies people into one of three ethnic communities, and diminishes the rights of anyone that doesn’t belong to one of those communities,” observed Rep. Smith, Co-Chairman of the U.S. Helsinki Commission and Chairman of the Human Rights subcommittee of the House Foreign Affairs Committee.  “As the people of Bosnia prepare to go to the polls, they should know the United States Congress supports their aspirations to have effective government institutions that serve them rather than perpetuate political stalemate, so that their country can advance toward Europe with its neighbors rather than fall further behind.” Rep. Bill Keating (MA-09) joined Co-Chairman Smith as the lead Democratic co-sponsor of the measure. “More Western Balkan states have been moving forward with their European Union and NATO aspirations while mitigating interethnic conflicts through the use of dialogue and negotiation, instead of brutality and division. In this way, the upcoming elections in Bosnia and Herzegovina present an opportunity for Bosnians to make their voices heard and demonstrate their willingness to pursue a peaceful and productive future,” said Rep. Keating, Ranking Member of the House Subcommittee on Europe, Eurasia, and Emerging Threats. “This resolution should serve as a strong indication that Members of Congress remain committed to Bosnia and Herzegovina’s path forward and will continue to urge the political leadership of that country to refrain from the divisive rhetoric and policies of the past in order to allow for all Bosnians to progress along with their Balkan peers.” House Resolution 746 expresses support for the people of Bosnia and Herzegovina as they seek to hold government officials accountable, prepare for elections at the state, entity and cantonal level, and consider constitutional or other reforms to enhance the country’s prospects for European and Euro-Atlantic integration. The Dayton Peace Accords, brokered by the international community with U.S. leadership in late 1995, ended a more than 3-year conflict in Bosnia and Herzegovina. The Accords we followed by a decade of gradual recovery, but attempts to move beyond the compromises that were needed to end the conflict but now impede progress has led to increasingly ineffective and corrupt government, divisive political rhetoric and growing public frustration.  The resolution also expresses the hope of Congress that the mid-October elections and commemoration of the Dayton Accords on their 20th anniversary next year will jointly serve as a catalyst for reform needed for Bosnia to move closer to eligibility for NATO and European Union membership. Rep. Smith, who is Co-Chair of the Congressional Caucus on Bosnia, also spoke to the situation in Bosnia in remarks delivered on the floor of the House. As Chairman of the Helsinki Commission in the 1990s during the Balkan conflicts, Rep. Smith chaired over 21 hearings on countries of the former Yugoslavia. In 2005, he authored H. Res. 199, which initiated a series of clear acknowledgements by other parliaments and international bodies that the atrocities which occurred at Srebrenica in 1995 constituted genocide.

  • Commission to Hold Hearing with OSCE Human Rights Appointees

    WASHINGTON—Today the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) announced the following hearing: Anti-Semitism, Racism and Discrimination in the OSCE Region Tuesday, July 22, 2014 10:00 a.m. Dirksen Senate Office Building Room 562 Following an escalation of anti-Semitic hate crimes a decade ago, the Organization for Security and Cooperation in Europe (OSCE) intensified efforts to combat prejudice and discrimination throughout Eurasia and North America. Since 2004, three Personal Representatives have been appointed annually by the OSCE Chair-in-Office (currently Switzerland) to address anti-Semitism; racism, xenophobia, and discrimination including against Christians and members of other religions; and intolerance and discrimination against Muslims. In an official joint visit to the United States, the Personal Representatives will address progress and ongoing challenges in the OSCE region a decade after the creation of their positions. The following witnesses are scheduled to testify: Rabbi Andrew Baker, Personal Representative on Combating Anti-Semitism Professor Talip Küçukcan, Personal Representative on Combating Intolerance and Discrimination against Muslims Alexey Avtonomov, Personal Representative on Combating Racism, Xenophobia and Discrimination, also focusing on Intolerance and Discrimination against Christians and Members of Other Religions

  • 15th Anniversary of the Bytyqi Brother Murders in Serbia

    Madam President, 15 years ago this week three American citizens--the brothers Ylli, Agron and Mehmet Bytyqi --were transferred from a prison to an Interior Ministry camp in Eastern Serbia. At that camp, they were executed and buried in a mass grave with dozens of Albanians from Kosovo. Today, I again call upon the Serbian authorities to bring those responsible for these murders to justice. Belgrade has given us assurances in recent years that action will be taken, but no clear steps have actually been taken to apprehend and prosecute those known to have been in command of the camp or the forces operating there. The three Bytyqi brothers went to Kosovo in 1999, a time of conflict and NATO intervention. Well after an agreed cessation of hostilities in early June, the brothers escorted an ethnic Romani family from Kosovo to territory still under Serbian control, where that family would be safer. Serbian authorities apprehended the brothers as they were undertaking this humanitarian task and held them in jail for 15 days for illegal entry. When time came for their release, they were instead turned over to a special operations unit of the Serbian Interior Ministry, transported to the camp and brutally executed. There was no due process, no trial, and no opportunity for the brothers to defend themselves. There was nothing but the cold-blooded murder of three American citizen brothers. Serbia today is not the Serbia of 15 years ago. The people of Serbia ousted the undemocratic and extreme nationalist regime of Slobodan Milosevic in 2000, and the country has since made a steady, if at times difficult, transition to democracy and the rule of law. In 2014, Serbia began accession talks to join the European Union, and in 2015 it will chair the OSCE, a European organization which promotes democratic norms and human rights. I applaud Serbia on its progress and I support its integration into Europe, but I cannot overlook the continued and contrasting absence of justice in the Bytyqi case. The new government of Prime Minister Aleksandar Vucic has pledged to act. It must now generate the political will to act. The protection of those responsible for this crime can no longer be tolerated. The surviving Bytyqi family deserves to see justice. Serbia itself will put a dark past behind it by providing this justice. Serbian-American relations and Serbia's OSCE chairmanship will be enhanced by providing justice. It is time for those responsible for the Bytyqi brother murders to lose their protection and to answer for the crimes they committed 15 years ago.

  • U.S. Helsinki Commission Commemorates Romani Revolt at Auschwitz, Deportation of Hungarian Jews

    WASHINGTON - U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) marked the 70th anniversary of the mass deportation of Hungary’s Jews and the Romani revolt at Auschwitz death camp in Nazi-occupied Poland. “On May 16, 70 years ago, 6,000 Roma at Auschwitz used improvised weapons to resist efforts to transport them from their barracks to the gas chambers. Sadly, their desperate and heroic efforts only delayed their mass murder," said Chairman Cardin. “I am appalled,” he continued, “when government officials, sometimes at the highest level, characterize Roma as criminals or ‘unadaptable’ using stereotypes that are reminiscent of Nazi racial theories. Remembering and teaching about Romani experiences during the Holocaust is critical in combating anti-Roma prejudices today.” Approximately 3,000 of those who participated in the Romani revolt were sent to Buchenwald and Ravensbruck concentration camps as forced labor, where most of them died. On August 2-3, 1944, the so-called ‘Gypsy Family Camp’ was liquidated and the remaining 2,879 Romani men, women and children were sent to the gas chambers. Altogether, 23,000 Romani people from 11 countries were deported to Auschwitz and approximately 19,000 perished. Some died as a result of inhumane medical experiments by Dr. Joseph Mengele. “This year also marks the 70th anniversary of the start of the final wave of Hungary’s war-time deportation of Jews,” noted Chairman Cardin. “Plans to empty the Romani camp at Auschwitz were, in fact, intended to make room for Jews arriving from Hungary.” Anti-Semitic legislation was introduced in Hungary with the 1920 Numerus Clausus, which established limits on the number of Jewish university students. In 1941, more than 17,000 Jews were deported from Hungary to German-occupied Kamenets-Podolsk, where they were executed. Between May 15 and July 9, 1944, 437,402 Hungarian Jews were deported in the largest deportation of Jews to Auschwitz in the shortest period of time from any country. One of every three Jews who died at Auschwitz was from Hungary. Cardin concluded, “I welcome the participation of Czech Prime Minister Sobotka in the memorial service held on May 10 at the site of the concentration camp for Roma at Lety. I urge the Czech Government to take steps to reflect the historic significance of this site for Romani survivors and their families everywhere.” Lety was the site of one of two concentration camps for Roma in the war-time Czech Republic. The construction of a large pork processing plant on the site during the communist period has generated continuing criticism. The Helsinki Commission supported the transfer of microfilm copies of its archives – the only known complete surviving archives of a Romani concentration camp – to the U.S. Holocaust Memorial Museum in 2000. On September 18, the U.S. Holocaust Memorial will hold a public symposium on new research regarding Roma and the Holocaust.

  • U.S. Helsinki Commission Cites Deterioration of Media Freedoms across OSCE Region

    WASHINGTON—In advance of World Press Freedom Day, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and U.S. Representative Chris Smith (NJ), Co-Chairman of the Commission, addressed the deterioration of media freedom in Ukraine, and the continued presence of criminal defamation:  On the situation in Ukraine, Chairman Cardin stated: “I am deeply concerned by the rapidly degenerating state of media freedom precipitated by pro-Russian separatists in eastern Ukraine. Pro-Russian militias continue to harass, intimidate, and censor both Ukrainian and foreign journalists reporting on the situation in an attempt to quell criticism of separatist-instigated violence and upheaval. Free and independent media is a crucial component of the commitments adopted by the Organization for Security and Cooperation in Europe (OSCE), of which Russia and Ukraine are participating States. I urge Russia to respect media independence and freedom in its own territory as well as in Ukraine.” “Many countries in the OSCE region continue to limit speech to an extraordinary degree,” said Co-Chairman Smith. “I’m particularly concerned by the rise of criminal defamation laws which make it increasingly difficult, and even dangerous, to criticize those in power. These libel and insult laws have an absolutely chilling effect on robust inquiry and the ability to hold politicians and others accountable. I commend the efforts of the OSCE and other organizations to call attention to these and other attacks against freedom of press. A strong and independent media, free from political pressure and censorship, is fundamental to sustainable and accountable democracy.” The OSCE Representative on Freedom of the Media reports regularly to the OSCE Permanent Council in Vienna, including on developments in Ukraine. In advance of World Press Freedom Day, the Commission also noted concern about media freedom in the following countries: UKRAINE: In the town of Slavyansk, over 40 individuals, including many reporters, have been abducted by separatists and held hostage in various makeshift prisons. In the Donbas region, pro-Russian armed forces discontinued digital broadcasting of Ukrainian TV channels and replaced them with Russian ones, mirroring the disruption of Ukrainian press by Russian forces in Crimea. There have been several accounts of journalists being physically intimidated while reporting both in the field and within their offices. TURKEY: Turkey imprisoned more journalists in 2013 than any other country. Currently, legislation is going into effect in Turkey that expands the powers of secret services and stipulates 10 year prison sentences for journalists who publish leaked information. In the last few months, Turkey undertook an immense crackdown on social media, particularly by banning access to Twitter and YouTube. MACEDONIA: In Macedonia, media coverage, largely unbalanced in favor of the ruling party and against the opposition, was a leading criticism of the conduct of last week’s presidential and parliamentary elections. This bias is symptomatic of the great regression in media freedom noted in Macedonia in recent years. Journalists and news sources not allied with the government tend to face increased scrutiny and legal hurdles. KAZAKHSTAN: Recent changes to Kazakhstan’s legislation are likely to further restrict media and access to the Internet. New rules control what the media can report during a state of emergency; a new code criminalizes “dissemination of false information” that harms “interests of society or of the state”; and pending legislation would allow the government to shut websites and other communication networks if they disseminate “harmful” information or call for “extremist” activities. Kazakhstan also has closed virtually all independent newspapers for minor infractions of publishing regulations or on charges of extremism. CROATIA: In Croatia, where the legal definition of “insult” is vague and open to arbitrary enforcement, there are currently over 40 pending criminal insult cases against journalists. This situation, whether or not the cases result in convictions, could lead to increased self-censorship in the media. AZERBAIJAN: The status of press and media in Azerbaijan is decidedly not free. Criminal defamation is still punishable with up to three years in prison. Media and NGO movements that aim to create space for media freedom have been checked at every turn, through various techniques ranging from ignoring lawsuits seeking access to information, to pressing criminal charges on journalists. Most recently, Azerbaijani journalist Rauf Mirkadyrov was arrested and charged with espionage. 

  • Cardin, Rubio Introduce Syrian War Crimes Accountability Act of 2014

    WASHINGTON - U.S. Senators Ben Cardin (D-Md.) and Marco Rubio (R-Fla.), both members of the Senate Foreign Relations Committee, have introduced the Syrian War Crimes Accountability Act of 2014, legislation establishing a Syria-specific standard of reporting and accountability for crimes against humanity. The bill would require the U.S. State Department to report to relevant congressional committees on war crimes and crimes against humanity committed in Syria. This would include an account of war crimes and crimes against humanity committed by both the regime of President Bashar al-Assad and violent extremist groups and other combatants involved in the conflict. The report also requires a description of U.S. government efforts to ensure accountability for human rights violations in Syria. Senator Tim Kaine (D-Va.), also a member of the Senate Foreign Relations Committee, is an original cosponsor of the legislation. “The war tactics employed in Syria by both government and opposition forces fly in the face of the rules of war. The United States cannot stand idly by and allow the gross violation of human rights in Syria to go unchallenged,” said Senator Cardin, “This legislation sends a strong message to the international community that the United States remains firmly committed to bringing all perpetrators of international crimes in Syria to justice. Shedding light on the atrocities in Syria is critical to bringing human rights abusers to justice.” “For far too long the Assad regime and violent extremists in Syria have committed horrific human rights violations at the expense of millions of innocent Syrians,” said Senator Rubio. “These brutal crimes against civilians are appalling. The perpetrators deserve to be brought to justice, and this bill is a first step towards ensuring those responsible for human rights abuses are held accountable.” After 3 years, the violence in Syria continues unabated and according to the most recent report of the United Nation's Independent International Commission of Inquiry on the Syrian Arab republic, the conflict “has reached new levels of brutality.” UNICEF has reported that Syria is among the most dangerous places on Earth to be a child, pointing to high child casualty rates, brutalizing and traumatic violence, deteriorated access to education, and health concerns. The number of children suffering in Syria more than doubled in the third year of the conflict. The Syrian War Crimes Accountability Act of 2014 requires the Department of State to report on State and USAID efforts to ensure accountability for violations of internationally recognized human rights and crimes against humanity perpetrated against the people of Syria during the conflict.  Specifically, the legislation: Condemns the ongoing violence  and  human rights abuses by the Syrian regime, as well as  violent extremist groups and other combatants involved in the Syrian civil war. Expresses support for the people of Syria seeking democratic change. Urges all parties to the conflict to immediately halt indiscriminate attacks on civilians. Calls on the President to support Syrian and International Community efforts to ensure accountability for war crimes and crimes against humanity committed during the conflict. Calls for a UN Security Council investigation into those crimes. Requires the Secretary of State to produce a report which: Describes the violations of internationally recognized human rights and crimes against humanity perpetrated during the civil war in Syria, as well as the weapons used for those crimes, and—where possible—the origins of  those weapons. Describes efforts by the State Department and USAID to ensure accountability for those crimes, including training activities, a strategy and implementation efforts.

  • Cardin Praises Bipartisan Unity in Support of Ukraine, Sanctions Against Russia

    WASHINGTON–U.S. Senator Ben Cardin (D-Md.), a senior member of the Senate Foreign Relations Committee and Chairman of the U.S. Helsinki Commission (CSCE), praised the full Senate passage of a package of loan guarantees for the new Ukraine government and economic sanctions on those responsible for the invasion of Crimea. “With today’s vote the Senate sent a clear message of solidarity with the people of Ukraine, and indignation for those responsible for the invasion of the Crimea. Russia must be held accountable for its blatant violations of international agreements. The sanctions leveled by Congress are intended to show that Mr. Putin’s inability to conform to international norms, and honor Russia’s agreements, will come at a heavy price. The government in Kyiv has the full support of United States and we will use all available diplomatic and economic tools to return stability to Ukraine,” said Senator Cardin. “I am disappointed that H.R 4152 does not include essential reforms that would strengthen the International Monetary Fund. Despite the omission this bill is a firm and confident step towards returning the region to normalcy. ”

  • Senate Floor Statement on Ukraine

    Madam President, Russia's invasion of Ukraine is one of the most serious breaches of the OSCE principles since the signing of the 1975 Helsinki Final Act. These principles are at the foundation of the Organization for Security and Cooperation in Europe. Russia, as a participating state, agreed to hold these principles, including territorial integrity of states, inviolability of frontiers, refraining from the threat of use of force, peaceful settlements of disputes, and others. With this invasion, which is based, as Secretary Kerry has stated, on a completely trumped-up set of pretexts, Russia has shown its utter contempt for these core principles, indeed, for the entire OSCE process--not only the OSCE but the 1994 Budapest Memorandum signed by the United States, the United Kingdom, Russia, and Ukraine that provides security assurances for Ukraine, and the 1997 Ukraine -Russia bilateral treaty, and the U.N. charter, and other international agreements. Russia’s military invasion of Ukraine is also a gross violation of the Vienna Document's confidence and security building mechanisms which govern military relations and arms control. So let's examine Vladimir Putin's justification for this unprovoked invasion. He claims there is a need to protect Russian interests and the rights of Russian-speaking minorities. They characterize it as a human rights protection mission that it clearly is not. Russian officials fail to show any real evidence that the rights of ethnic Russians in Crimea--where they actually constitute a majority and have the most clout politically--and Ukraine at large have been violated. In fact, there is overwhelming evidence that the protests in some Ukrainian cities are being stoked by the Russians. Putin and other Russian officials make all sorts of unfounded accusations, including that masked militia are roaming the streets of Kyiv, although the Ukrainian capital and most of Ukraine has been calm for the last few weeks. Mr. Putin claims there is a “rampage of reactionary forces, nationalist and anti-Semitic forces going on in certain parts of Ukraine.'' Yet Kyiv's chief rabbi and a vice president of the World Jewish Congress on Monday accused Russia of staging anti-Semitic provocations in Crimea.  Mr. Putin accuses Ukraine's new legitimate transition government--not yet 2 weeks old--of threatening ethnic Russians. Yet there is a myriad of credible reports to the contrary. Indeed, although there has been unrest in some cities, there has been no serious movement in the mostly Russian-speaking eastern and southern regions to join with Russia. The clear majority of Ukrainians wants to see their country remain unified and do not welcome Russian intervention. All Ukrainian religious groups have come out against the Russian intervention and stand in support of Ukraine's territorial integrity and inviolability of its borders, as have minority groups such as the Crimean Tatars and the Roma. I submit that the real threat posed by the new government is that it wants to assertively move Ukraine in the direction of political and economic reforms and in the direction of democracy, respect for how human rights, the rule of law--away from the unbridled corruption of the previous regime and the kind of autocratic rule found in today's Russia. As for protecting Russian interests in Crimea, the Russians have not produced one iota of evidence that the Russian Black Sea Fleet, based in the Crimean city of Sevastopol, is under any kind of threat. Indeed, when the Ukrainians reached out to the Russians to try to engage them peacefully, they have been rebuffed. Russian authorities need to send their troops back to the barracks and instead engage through diplomacy, not the threat or use of force. The Russian actions pose a threat beyond Ukraine and threaten to destabilize neighboring states. I pointed out at a hearing we had this week in the subcommittee of the Senate Foreign Relations Committee, and in a hearing of the Helsinki Commission, that if Russia can use force to try to change territories, what message does that send to the South China Sea, what message does that send to the Western Balkans? Just as Poland has already invoked article 4 NATO consultations, the Baltic States and others in the region are wary of Russian goals. As chairman of the Helsinki Commission and a former vice president of the OSCE Parliamentary Assembly, I am encouraged to see active and wide-ranging engagement of the OSCE to deescalate tensions and to foster peace and security in Ukraine. The OSCE has the tools to address concerns with regard to security on the ground in Crimea, minority rights, and with regard to preparations for this democratic transition to lead to free and fair elections. In response to a request by the Ukrainian Government, 18 OSCE participating states, including the United States, are sending 35 unarmed military personnel to Ukraine. This is taking place under the Vienna Document, which allows for voluntary hosting of visits to dispel concerns about unusual military activities. Various OSCE institutions are activating, at the request of the Ukrainian Government, including the OSCE's human rights office, known as the ODIHR, to provide human rights monitoring as well as election observation for the May 25 Presidential elections. The OSCE High Commissioner on National Minorities, Representative on Freedom of the Media, and the head of the Strategic Police Matters Unit, among others, are all in Kyiv this week conducting fact-finding missions. A full-scale, long-term OSCE Monitoring Mission is being proposed, and this mission needs to go forward. All of these OSCE efforts are aimed at deescalating tensions, fostering peace and stability, ensuring the observance of OSCE principles, including the human dimension, helping Ukraine in its transition, especially in the run-up to the May elections. These OSCE on-the-ground efforts are being thwarted by the Russian-controlled newly installed Crimean authorities. The OSCE Unusual Military Activities observers have been stopped from entering Crimea by unidentified men in military fatigues. Also, the OSCE Media Freedom Representative and her staff were temporarily blocked from leaving a hotel in Crimea where she was meeting with journalists and civil society activists. The U.N. special envoy was accosted by unidentified gunmen after visiting a naval headquarters in the Sevastopol. The blocking of international monitors--who were invited by the Ukrainian Government and who clearly are trying to seek peaceful resolutions to the conflict--is completely unacceptable and we should hold Russia responsible for their safety. Russia is a member of the OSCE--one of the founding members--and they are openly violating the core principles of the Helsinki Final Act. Russia signed on to the institutions that are available under OSCE for this exact type of circumstance--to give independent observation as to what is happening on the ground. Sending this mission, at the request of the host country, into Crimea is exactly the commitments made to reduce tensions in OSCE states, and Russia is blocking the use of that mechanism. The United States and the international community are deploying wide-ranging resources to contain and roll back Russia's aggression and to assist Ukraine's transition to a democratic, secure, and prosperous country. Both the Executive and the Congress are working around the clock on this. President Obama has taken concrete action and made concrete recommendations.  As the author of the Magnitsky Act, I welcome the White House sanctions announced today, including visa restrictions on officials and individuals threatening Ukraine's sovereignty and territorial integrity and financial sanctions against those "responsible for activities undermining democratic processes or institutions in Ukraine .'' It was just a little while ago that we passed the Magnitsky Act. We did that in response to gross human rights violations within Russia against an individual named Sergei Magnitsky. What we did is say that those who were responsible for these gross violations of internationally recognized rules should be held accountable, and if they are not held accountable, the least we can do in the United States is not give them safe haven in our country, not allow the corrupt dollars they have earned to be housed in America--no visas, no use of our banking system. The President is taking a similar action against those responsible for the invasion and military use against international rules in Ukraine. These steps are in addition to many other actions, including the suspension of bilateral discussions with Russia on trade and investment, stopping United States-Russia military-to-military engagement, and suspending preparations for the June G8 summit in Sochi. Both Chambers are working expeditiously on legislation to help Ukraine in this delicate period of transition. We also need to work expeditiously with our European friends and allies, and I am encouraged by the news that the EU is preparing a $15 billion aid package. Ukraine has exercised amazing restraint in not escalating the conflict, particularly in Crimea. I applaud their restraint and their action. The people of Ukraine have suffered an incredibly difficult history, and over the last century they have been subjected to two World Wars, 70 years of Soviet domination, including Stalin's genocidal famine. They certainly do not need another senseless war. Nothing justifies Russia's aggression--nothing. Our political and economic assistance at this time would be a testament to those who died at the Maidan just 2 weeks ago and a concrete manifestation that our words mean something and that we do indeed stand by the people of Ukraine as they make their historic choice for freedom, democracy, and a better life. I yield the floor.

  • U.S. Helsinki Commission to Hold Hearing on Developments in the Western Balkans and Policy Responses

    WASHINGTON–The Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today announced the following hearing: Developments in the Western Balkans and Policy Responses Wednesday, March 5, 2014 10:00 am Dirksen Senate Office Building Room 106 Scheduled to testify: Hoyt Yee, Deputy Assistant Secretary for European and Eurasian Affairs, U.S. Department of State Tanja Fajon, Member (Slovenia), European Parliament Kurt Volker, Executive Director, the McCain Institute for International Leadership The countries of the Western Balkan region of Europe – Albania, Bosnia-Herzegovina, Croatia, Kosovo, Macedonia, Montenegro and Serbia – have started 2014 with a mix of challenges and expectations. Elections, dialogue and ongoing reform will be shaped by the hope of taking the next steps toward European and Euro-Atlantic integration, with each country at a different stage of achievement or preparedness but all of them sharing an interest in progress, advancement and stability across the entire region. The hearing will feature the official views and policy approaches of the United States toward the countries of the Western Balkans, supplemented by the insights and analysis of experts from both sides of the Atlantic.

  • Developments in the Western Balkans and Policy Responses

    This hearing on the Western Balkans examined the progress being made towards democratization. Commissioners Benjamin L. Cardin and Christopher H. Smith presided over the hearing, which included testimonies from: Hoyt Yee, Deputy Assistant Secretary for European and Eurasian Affairs for the U.S. Department of State;  Tanja Fajon, Member for the European Parliament from Slovenia; and Kurt Volker, Executive Director of the McCain Institute for International Leadership. This hearing held great significance, not only for the members of the Commission, but the wider foreign policy community, as whilst the Western Balkans is no longer the setting for violent conflict that it was two decades ago, the United States has had to devote considerable resources—financial, diplomatic and military —to restore peace and to encourage the democratic and other reforms necessary to sustain it. However, that job is not yet done—the need to see the task of a stable, democratic and fully integrated Western Balkans is yet to be completed.   http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce030514

  • U.S. Helsinki Commission Welcomes Step Toward Justice in Serbia

    WASHINGTON—Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), and Representative Christopher H. Smith (NJ-4), Co-Chairman, today issued statements welcoming arrests in Serbia relating to the murder of Dnevni Telegraf editor-in-chief Slavko Curuvija on April 11, 1999. “Slavko Cutuvija was a courageous journalist who was murdered for challenging the regime of Slobodan Milosevic in Serbia,” noted Chairman Cardin. “On several occasions, I have publicly called for the perpetrators of this crime to be brought to justice. I commend the Serbian authorities for arresting former security officers for their alleged responsibility, a demonstration of political will to confront a dark period in Serbia’s history. Serbia’s judicial system will hopefully proceed with the next steps in this case and take similarly concrete actions in regard to other outstanding cases from that period, including the murders of the American-citizen Bytyqi brothers in July 1999. Serbia has my full support in that regard.” “Slavko Curuvija testified at a hearing of the Helsinki Commission I chaired just months before he was gunned down outside his apartment in Belgrade,” added Co-Chairman Smith. “His testimony showed that he fully understood the threat he faced.  He said at the hearing: ‘By making an example of me, the regime sends a message to all those who would oppose it... After all his other wars, Slobodan Milosevic appears to be preparing a war against his own people…’ I hope that today’s news of arrests brings comfort, at long last, to the family and friends of Slavko Curuvija.”

  • Helsinki Commission Welcomes Unveiling of Berlin Memorial for Romani Genocide Victims

    On October 24, more than 600 people in Berlin attended the unveiling of the Memorial for the Sinti¹ and Roma of Europe Murdered under National Socialism. Leaders of the Helsinki Commission, who had underscored the importance of the monument, welcomed the event. Rep. Chris Smith (NJ-04), Chairman of the U.S. Helsinki Commission, observed that the memorial “marks an important step in acknowledging and teaching about the fate of Roma at the hands of the Nazi regime and the Axis powers: persecution, confiscation of property, forced sterilization, slave labor, inhumane medical experimentation, and ultimately genocide.” Proposals to erect a memorial to the Romani victims of genocide emerged in the early 1990s after the unification of the Federal Republic of Germany and German Democratic Republic and at a time when German acknowledgement and remembrance took on additional dimensions. Those efforts, however, bogged down over questions regarding the location of the proposed memorial and the content of inscriptions. (Concerns raised by the artist over materials and weather-related construction complications also contributed to interruptions.) German government officials also suggested some delays were caused by differing views among Romani groups, particularly regarding the inscriptions; some critics of the delays suggested there was an insufficient sense of ownership and political will on the part of the government. Senator Ben Cardin (MD), Co-Chairman of the Commission, noted the singular role of Romani Rose, Chairman of the Central Council of German Sinti and Roma, and “his tireless work to ensure that Romani victims of genocide are remembered and honored.” Rose, who lost his grandparents at Auschwitz and Ravensbrueck, was a driving force to see the memorial completed. Cardin added, “I am deeply heartened that efforts to build this memorial, underway for over a decade, have finally been realized.” German government officials at the most senior level attended the unveiling of the genocide memorial, including Chancellor Angela Merkel, President Joachim Gauck, Bundestag President Norbert Lammert, Bundesrat President Horst Seehofer, and Berlin Mayor Klaus Wowereit. Former President Richard von Weizsacker, in spite of advanced years and frail health, was also present. Federal Minister of Culture Bernd Neumann described the memorial “a pillar of German remembrance.” U.S. Ambassador to Germany Patrick Murphy and Special Envoy for Holocaust Issues Douglas Davidson represented the United States. Dr. Ethel Brooks, who has served as a public member with the U.S. Delegation to the 2011 and 2012 OSCE Human Dimension Implementation Meetings, also attended the ceremony. The memorial, designed by Israeli artist Dani Karavan, was widely hailed as a deeply moving testimony to the genocide of Romani people. Dutch Sinto survivor Zoni Weiss addressed the hundreds of people who attended the event. As a 7-year-old, Weiss narrowly avoided being placed on the Westerbork transport from the Netherlands due to the intervention of platform policeman, but watched as his immediate family was sent to Auschwitz where they perished. The unveiling ceremony was also accompanied by a week of events in Berlin focused on Romani history, culture and contemporary issues. Gert Weisskirchen, former German Member of the Budestag and former OSCE Personal Representative on Anti-Semitism, organized a round-table focused on contemporary challenges faced by Roma. In her remarks at the event, Chancellor Merkel also acknowledged the on-going struggle for human rights faced by Roma throughout Europe, saying bluntly, “let’s not beat around the bush. Sinti and Roma suffer today from discrimination and exclusion.” Romani Rose warned more pointedly, “In Germany and in Europe, there is a new and increasingly violent racism against Sinti and Roma. This racism is supported not just by far-right parties and groups; it finds more and more backing in the middle of society.” Background The Nazis targeted Roma for extermination. Persecution began in the 1920s, and included race-based denial of the right to vote, selection for forced sterilization, loss of citizenship on the basis of race, and incarceration in work or concentration camps. The most notorious sites where Roma were murdered include Auschwitz in Nazi-occupied Poland, the Jasenovac camp in the so-called Independent State of Croatia, Romanian-occupied Transnistria, and Babi-Yar in Nazi-occupied Ukraine. In other parts of German occupied or German-allied territory, Roma were frequently killed by special SS squads or even regular army units or police, often left in mass graves. Many scholars estimate that 500,000 Roma were killed during is World War II, although scholarship on the genocide of Roma remains in its infancy and many important archives have only become available to a broader community of researchers since the fall of communism. In recent years, for example, Father Patrick Desbois has helped document the location of 800 WWII-mass graves in Ukraine and elsewhere in the former Soviet Union, including 48 mass graves of Roma. German postwar restitution legislation and its implementation effectively excluded almost all Romani survivors. Those most directly responsible for actions against Roma escaped investigation, prosecution and conviction. Several officials responsible for the deportations of Roma before and during the war continued to have responsibility for Romani affairs after the war. In 1979, the West German Federal Parliament acknowledged the Nazi persecution of Roma as being racially motivated. In 1982, Chancellor Helmut Schmidt recognized that the National Socialist persecution of Romani people constituted genocide. The first German trial decision to take legal cognizance that Roma were genocide victims during the Third Reich was handed down in 1991. In 1997, Federal President Roman Herzog opened a Documentation and Cultural Center of German Sinti and Roma, saying “The genocide of the Sinti and Roma was carried out from the same motive of racial hatred, with the same intent and the same desire for planned and final annihilation as that of the Jews. They were systematically murdered in whole families, from the small child to the old man, throughout the sphere of influence of the Nazis.” At the 2007 OSCE Human Dimension Implementation Meeting, Thommas Hammarberg, Council of Europe Commissioner for Human Rights, observed that, “[e]ven after the [ . . . ] Nazi killing of at least half a million Roma, probably 700,000 or more, there was no genuine change of attitude among the majority population towards the Roma.”

  • Justice for the Bytyqi Family

    Mr. President, today is the 37th anniversary of the Helsinki process. Starting with the signing of the Helsinki Final Act on August 1, 1975, this process began as an ongoing conference which helped end the Cold War and reunite Europe. It has continued as a Vienna-based organization that today seeks to resolve regional conflicts and promote democratic development and the rule of law throughout the region. While serving in both chambers of the U.S. Congress, it has been a unique and rewarding privilege to engage in this diplomatic process and its parliamentary component as a member and chairman of the U.S. Helsinki Commission, with the goal of improving the lives of everyday people. While they may be citizens of other countries, promoting their human rights and fundamental freedoms helps us to protect our own. It is, therefore, in our national interest to engage in this process. On this anniversary, however, I do want to focus on three U.S. citizens who suffered the ultimate violation of their human rights when they were taken into a field and shot, deliberately murdered, in July 1999 by a special operations unit under the control the Interior Ministry in Serbia. They were brothers: Ylli, Agron and Mehmet Bytyqi. The Bytyqi brothers were Albanian-Americans from New York. Earlier in 1999, they went to Kosovo to fight as members of the Kosovo Liberation Army in a conflict which eventually prompted a NATO military intervention designed to stop Serbian leader Slobodan Milosevic and his forces. When the conflict ended, the Bytyqi brothers assisted ethnic Roma neighbors of their mother in Kosovo by escorting them to the Serbian border. Accidently straying into Serbian territory, they were arrested and sentenced to 2 weeks in jail for illegal entry. When released from prison, they were not freed. Instead, the Bytyqi brothers were transported to an Interior Ministry training camp in eastern Serbia, where they were brutally executed and buried in a mass grave with 75 other ethnic Albanians from Kosovo. Two years later, after the fall of the Milosevic regime, their bodies were recovered and repatriated to the United States for burial. Ylli, Agron and Mehmet were never given a fair and public trial, an opportunity to defend themselves, or any semblance of due process. Their post-conflict, extrajudicial killing was cold-blooded murder. In the last decade Serbia has made a remarkable recovery from the Milosevic era. I saw this myself last year when I visited Belgrade. This progress, however, has not sufficiently infiltrated the Interior Ministry, affording protection to those who participated in the Bytyqi murders and other egregious Milosevic-era crimes. Nobody has been held accountable for the Bytyqi murders. Those in command of the camp and the forces operating there have never been charged. The same situation applies to the April 1999 murder of prominent journalist and editor Slavko Curuvija, who testified before the Helsinki Commission on the abuses of the Milosevic regime just months before. There needs to be justice in each of these cases, but together with other unresolved cases they symbolize the lack of transparency and reform in Serbia's Interior Ministry to this day. Combined with continued denials of what transpired under Milosevic in the 1990s, including the 1995 genocide at Srebrenica in neighboring Bosnia, these cases show that Serbia has not completely put an ugly era in its past behind it. For that reason, not only does the surviving Bytyqi family in New York, as well as the friends and family of Slavko Curuvija, still need to have the satisfaction of justice. The people of Serbia need to see justice triumph in their country as well. I want to thank the U.S. Mission to the OSCE in Vienna, which under the leadership of Ambassador Ian Kelly continues to move the Helsinki process forward, for recently raising the Bytyqi murders and calling for justice. I also want to commend the nominee for U.S. Ambassador to Serbia, Michael David Kirby, for responding to my question on the Bytyqi and Curuvija cases at his Foreign Relations Committee hearing by expressing his commitment, if confirmed, to make justice in these cases a priority matter. On this anniversary of the Helsinki Final Act, I join their call for justice.  

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