Title

Dispatches From Moscow: Luke Harding’s Chilling Tale of KGB Harassment

Wednesday, February 22, 2012
210 Cannon House Office Building
Washington, DC 20515
United States

This briefing, moderated by Kyle Parker, Policy Advisor at the Commission on Security and Cooperation in Europe, addressed issues of human rights abuses in Russia in the context of the then imminent elections and widespread protests.

The witness – Luke Harding, a journalist with the Guardian – remarked on Russia’s human rights abuses which blatantly ignore their commitments to the Helsinki Accords, citing anecdotal evidence. Harding, who had been the only Guardian correspondent to have actually reported from Russia since the 1917 Bolshevik Revolution, had suffered more at the hands of the FSB than any other Western correspondent, due to the fact that, during his four year tenure in Moscow, he comprehensively and repetitively busted Russia’s taboos that make it the security state it is today.

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  • The Magnitsky Act at Five

    In 2009, Russian tax lawyer Sergei Magnitsky was brutally murdered in prison after uncovering the theft of $230 million by corrupt Russian officials. On December 14, 2012, the Sergei Magnitsky Rule of Law Accountability Act was signed into law in the United States, establishing punitive sanctions – including financial freezes and visa restrictions – for those complicit in Magnitsky’s murder and other human rights abuses in the Russian Federation.  For the past five years, the Magnitsky Act has served as a basis for fighting corruption in Russia and the Putin regime’s systematic violations of the human rights of Russian citizens. On the fifth anniversary of the Magnitsky Act, the Helsinki Commission examined the implementation of the legislation, the resistance of the Russian government to it, and the impact of sanctions on senior members of Putin’s inner circle. The Commissioners heard testimony from William Browder, CEO of Hermitage Capital Management, Garry Kasparov, Chair of the Human Rights Foundation, and the Hon. Irwin Cotler, PC, OC, Chair of the Raoul Wallenberg Centre for Human Rights. Sen. Roger Wicker (MS), Chairman of the Helsinki Commission, began by recognizing the retirement of Amb. David Killion, Chief of Staff of the Commission since 2014, and thanking Amb. Killion for his service. Before introducing the witnesses, Sen. Wicker condemned the corruption plaguing the Russian government, and quoted the murdered Russian opposition politician Boris Nemtsov, who called the Magnitsky Act “the most pro-Russian law passed in the United States.” Rep. Chris Smith (NJ-04), Co-Chairman of the Commission, criticized the Russian government’s response to the Magnitsky Act. He described the harm done to vulnerable Russian orphans by their government’s decision to ban American parents from adopting children from Russia. Mr. Smith also noted that he and many other Americans involved in the passage of the Magnitsky Act have since been denied visas to enter Russia. This response, he said, shows that the Magnitsky Act “struck right to the heart of the Kremlin’s elite.” Sen. Ben Cardin (MD), the Helsinki Commission’s ranking senator, praised the witnesses for their commitment to promoting human rights in Russia, and thanked the members of the Helsinki Commission and other members of Congress who played a role in the passage of the Magnitsky Act. Mr. Cardin also recognized the passage of Magnitsky legislation in Canada, Estonia, Lithuania, and the United Kingdom, and recalled the power of American leadership on human rights, noting that, “when we lead, we find that other countries follow.” William Browder, the first witness to testify, recalled the historic nature of the Magnitsky Act. “On the day it passed, I could never have predicted how far the Magnitsky Act would spread around the world,” he said. “Without exaggeration, it has become the most important piece of human rights legislation passed in this century.” He also called attention to the future of the Magnitsky movement, noting that the parliaments of Ukraine, South Africa, and Gibraltar are considering introducing similar legislation. In closing, Mr. Browder presented several suggestions to the Commission, including adding additional names to the list of sanctioned individuals, and encouraging other G7 countries to adopt Magnitsky legislation. Garry Kasparov reiterated that the targeted sanctions imposed by the Magnitsky Act only apply to corrupt officials, and not the Russian people. “Russian national interest and Putin’s interests are diametrically opposed in nearly every way,” he said. “This is why legislation that targets Putin and his mafia is pro-Russian, not anti-Russia.” Mr. Kasparov observed that the Kremlin’s reaction proved the worth of the Magnitsky Act, and that, “it is essential to increase the pressure, to continue with what works now that the right path has been confirmed.”  At the conclusion of his testimony, Kasparov observed that “Putin and his gang . . . aren’t jihadists or ideologues, they are billionaires. . . .  Follow the money, the real estate, the stock and reveal it, freeze it, so that one day it can be returned to the Russian people from whom it was looted.”  More succinctly in a follow-up question, he quipped, “Banks, not tanks.” Irwin Cotler gave an overview of the passage of the Canadian Magnitsky Act, and described the goals of the global Magnitsky movement. The aim of Magnitsky legislation is “to combat the persistent and pervasive culture of corruption, criminality, and impunity and the externalized aggression abroad, of which Putin’s Russia is a case study” and “to deter thereby other prospective violators,” he said. Passing such legislation also “tells human rights defenders, the Magnitskys of today, that they are not alone, that we stand in solidarity with them, that we will not relent in our pursuit of justice for them, and that we will undertake our international responsibilities in the pursuit of justice.”

  • Combating Kleptocracy with the Global Magnitsky Act

    In 2016, Congress passed the Global Magnitsky Act, which seeks to prohibit the worst foreign human rights offenders and most corrupt officials operating anywhere in the world from entering into the United States and to block their U.S. assets. This law requires that each year on December 10 (Human Rights Day), or the first day Congress is in session thereafter, the President submit a report to Congress that includes a list of each foreign person sanctioned under the law during the preceding year. The anti-corruption provisions are of particular interest given how wide-ranging and unprecedented they are as a tool to combat kleptocracy. While combating corruption has traditionally focused on internal reforms and best practices, the Global Magnitsky Act enables the United States to target those individuals who steal from their populations and abuse the global financial system as well as those who facilitate their grand corruption. This briefing provided an overview of the scourge of corruption in the OSCE region and how the Global Magnitsky Act can be employed to combat it. It included a discussion of the types of individuals and groups that should come under consideration for placement on the sanctions list and the ramifications of any such placement.

  • The Legacy of Sergei Magnitsky

    By Woody Atwood, Intern In 2008, a Russian tax lawyer named Sergei Magnitsky representing Hermitage Capital Management in a dispute over alleged tax evasion discovered a $230 million fraud being committed by Russian law enforcement officers assigned to the case. Magnitsky reported the fraud to the authorities and was arrested soon after by the same officers he had accused. For almost a year, Magnitsky was held in squalid prison conditions, denied visits from his family, and beaten by guards. Despite developing serious cases of gallstones, pancreatitis, and cholecystitis, he was denied medical attention. On November 16, 2009, Sergei Magnitsky was beaten to death in his cell. He had been imprisoned for 358 days, just seven days short of the maximum legal pre-trial detention period in Russia. A year later, Sen. Ben Cardin (MD), then Chairman of the Helsinki Commission, introduced the Justice for Sergei Magnitsky Act, directing the U.S. Secretary of State to publish a list of individuals involved in Sergei’s detention and death, and enabling the government to deny these individuals entry to the United States and freeze their American assets. The bill was reintroduced in the next Congress as the Sergei Magnitsky Rule of Law Accountability Act. This version covered all individual who commit extrajudicial killings, torture or otherwise egregiously violate the human rights of activists or whistleblowers in Russia. Both houses of Congress passed the new bill in late 2012 as part of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act. On December 14, 2012, President Obama signed the Magnitsky Act into law, establishing severe consequences for the worst human rights violators in Russia. Just weeks after the passage of the Magnitsky Act, the Russian parliament and government responded by passing a law banning American families from adopting children from Russia. The law immediately terminated adoptions that were being processed, and many children, including children with serious disabilities, who were due to leave Russia were never able to join their American families. In 2013, the Russian government also issued a list of 18 American officials banned from entering Russia. In 2015, Sen. Cardin and Rep. Chris Smith (NJ-04), who was then chairing the Helsinki Commission, introduced the Global Magnitsky Human Rights Accountability Act to expand the authorities established by the original Magnitsky Act to include the worst human rights violators and those who commit significant acts of corruption around the world. The legislation required the President to annually issue a list of individuals sanctioned under it on Human Rights Day (December 10) or the soonest day thereafter when the full Congress is in session. The global version was passed in December 2016 as part of the National Defense Authorization Act for Fiscal Year 2017. The story of Sergei Magnitsky and the actions of the U.S. Congress have sparked a global movement to hold individual perpetrators accountable for their human rights violations and corruption. In the last year, Estonia, Canada, the United Kingdom, and Lithuania have all passed their own Magnitsky laws. In honor of Human Rights Day and the fifth anniversary of the Magnitsky Act, and to correspond to the deadline for the annual Global Magnitsky List, the U.S. Helsinki Commission is holding two events related to the legacy of Sergei Magnitsky. On Wednesday, December 13, at 3:00PM Commission staff will lead a public briefing on “Combating Kleptocracy with the Global Magnitsky Act,” and on Thursday, December 14, Commissioners will hear testimony on “The Magnitsky Act at Five: Assessing Accomplishments and Challenges.”

  • International Anti-Corruption Day 2017: Curtailing Kleptocracy

    By Paul Massaro, Policy Advisor and John Engelken, Intern On Saturday, December 9, the Helsinki Commission joins the United Nations and many others in recognizing International Anti-Corruption Day, which is of particular importance today given the ease with which illicit financial flows traverse national borders. International Anti-Corruption Day was established as part of the UN’s passage of the United Nations Convention against Corruption, which was adopted on October 31, 2003. This legally binding international agreement focuses on five key areas of anti-corruption policy: preventive measures, criminalization and law enforcement, international cooperation, asset recovery, and technical assistance and information exchange. Given corruption’s global nature, disproportionate victimization of economically vulnerable communities, and corrosion of democracy, human rights, and the rule of law, participating in anti-corruption efforts worldwide is a central responsibility of the Organization on Security and Cooperation in Europe (OSCE) and the U.S. Helsinki Commission. No form of corruption is so insidious as kleptocracy, or “rule by thieves.” Kleptocrats abuse the global financial system, moving massive wealth from their home countries to nations where the rule of law is more established; they then use these ill-gotten funds to finance crime and terrorism, fund extravagant lifestyles, and corrode political institutions from the inside out. The frequency with which kleptocratic regimes engage in corrupt activity and money-laundering to maintain political power and accumulate material wealth emphasizes the need for governments and international bodies to coordinate more closely and step up their work to root out corruption. It also emphasizes the need for countries where the rule of law is respected to adopt reforms that make it more difficult for kleptocrats to abuse their legal and financial frameworks. Encompassing a region that contains both corrupt kleptocracies that steal state and business assets and rule-of-law democracies in which those stolen assets are hidden, the OSCE is uniquely situated to confront the problem of corruption, and has taken on a number of commitments to do just that. In particular, the 2012 Dublin Declaration and the 2014 Basel Decision contain language calling for domestic reforms consistent with the rule of law and political transparency initiatives, in tandem with more concerted anti-corruption efforts. In addition, these texts contain commitments to combat the transnational money-laundering that makes grand corruption possible and encourage private firms to play a greater role in identifying and countering corruption. The U.S. Helsinki Commission regularly highlights the problem of corruption through public events, publications, and statements. In 2017 alone, the Commission has held four briefings on the issue – Countering Corruption in the OSCE Region: Returning Ill-Gotten Assets and Closing Safe Havens; Energy (In)Security in Russia’s Periphery; Kleptocrats of the Kremlin: Ties Between Business and Power in Russia; and Ukraine’s Fight against Corruption – as well as two Congressional hearings, The Romanian Anti-Corruption Process: Successes and Excesses and Combating Kleptocracy With Incorporation Transparency. In addition, the Commission has published two short thematic articles, Russia’s Weaponization of Corruption (And Western Complicity) and Beyond Pipelines: Breaking Russia’s Grip on Post-Soviet Energy Security, as well as a brief overview of corruption in Russia and an in-depth report on Ukraine’s fight against corruption. Finally, the Commission’s Chairman, Senator Roger Wicker, recently made a statement regarding Ukraine’s fight against corruption. On International Anti-Corruption Day, the Helsinki Commission remains committed to doing its part in the fight against corruption and applauds the efforts of other national, international, and non-governmental organizations doing the same.  

  • Helsinki Commission to Assess Magnitsky Act at Five

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: THE MAGNITSKY ACT AT FIVE: ASSESSING ACCOMPLISHMENTS AND CHALLENGES Thursday, December 14, 2017 9:30 AM Dirksen Senate Office Building Room 562 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce121417 In 2009, Russian tax lawyer Sergei Magnitsky was brutally murdered in prison after uncovering the theft of $230 million by corrupt Russian officials. On December 14, 2012, the Sergei Magnitsky Rule of Law Accountability Act was signed into law in the United States, establishing punitive sanctions – including financial freezes and visa restrictions – for those complicit in Magnitsky’s murder and other human rights abuses in the Russian Federation.  For the past five years, the Magnitsky Act has served as a basis for fighting corruption in Russia and the Putin regime’s systematic violations of the human rights of Russian citizens. On the fifth anniversary of the Magnitsky Act, the Helsinki Commission will examine the implementation of the legislation, the resistance of the Russian government to it, and the impact of sanctions on senior members of Putin’s inner circle. The following witnesses are scheduled to testify: William Browder, CEO of Hermitage Capital Management and author of Red Notice. Browder has led the fight to seek justice for Sergei Magnitsky and his family in both the U.S. and abroad. He will outline Russian opposition to his anti-corruption efforts and his work to help pass similar legislation around the world. The Hon. Irwin Cotler, PC, OC, Chair of the Raoul Wallenberg Center for Human Rights; Former Canadian Member of Parliament, Attorney General of Canada, and Minster of Justice. Cotler will provide details about Canada’s recent passage of its Magnitsky Act, its importance to Canada, and Russian resistance to the legislation. Garry Kasparov, Chairman of the Human Rights Foundation and author of Winter Is Coming: Why Putin and the Enemies of the Free World Must Be Stopped. Kasparov will explain the threat Putin’s regime poses toward the United States and analyze the Magnitsky Act’s efficacy.

  • Helsinki Commission Briefing to Examine Anti-Corruption Provisions of Global Magnitsky Act

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: COMBATING KLEPTOCRACY WITH THE GLOBAL MAGNITSKY ACT Wednesday, December 13, 2017 3:00PM Russell Senate Office Building Room 385 Live Webcast: www.facebook.com/HelsinkiCommission In 2016, Congress passed the Global Magnitsky Act, which seeks to prohibit the worst foreign human rights offenders and most corrupt officials operating anywhere in the world from entering into the United States and to block their U.S. assets. This law requires that each year on December 10 (Human Rights Day), or the first day Congress is in session thereafter, the President submit a report to Congress that includes a list of each foreign person sanctioned under the law during the preceding year. The anti-corruption provisions are of particular interest given how wide-ranging and unprecedented they are as a tool to combat kleptocracy. While combating corruption has traditionally focused on internal reforms and best practices, the Global Magnitsky Act enables the United States to target those individuals who steal from their populations and abuse the global financial system as well as those who facilitate their grand corruption. This briefing seeks to provide an overview of the scourge of corruption in the OSCE region and how the Global Magnitsky Act can be employed to combat it. It will include a discussion of the types of individuals and groups that should come under consideration for placement on the sanctions list and the ramifications of any such placement. The following panelists will offer brief remarks, followed by questions: Alex Johnson, Senior Policy Advisor for Europe and Eurasia, Open Society Policy Center Charles Davidson, Executive Director, Kleptocracy Initiative, Hudson Institute Rob Berschinski, Senior Vice President, Human Rights First

  • Ukraine: Report from the Front Lines

    For more than three years, civilians in eastern Ukraine have suffered the effects of a needless conflict manufactured and managed by Russia; an estimated 10,000 people have been killed and more than 23,500 injured. The humanitarian situation continues to deteriorate amidst almost daily ceasefire violations and threats to critical infrastructure. Joseph Stone, an American paramedic, was killed on April 23, 2017 while monitoring the conflict as an unarmed, civilian member of the Organization for Security and Cooperation in Europe (OSCE) Special Monitoring Mission (SMM) to Ukraine. SMM reports remain the only source of verifiable, public information on this ongoing conflict and the grave, daily impact it has on the local civilian population.  Mission personnel face regular and sometimes violent harassment by combined Russian-separatist forces seeking to limit the SMM’s access to the areas they control.  At this U.S. Helsinki Commission briefing, Alexander Hug, Principal Deputy Chief Monitor of the OSCE Special Monitoring Mission to Ukraine, detailed the humanitarian consequences of the ongoing conflict in Eastern Ukraine; provided an overview of the role of OSCE monitors and the threats they face in carrying out their duties; and offered thoughts on prospects going forward.  Alexander Hug has served in several roles at the OSCE, including as a Section Head and a Senior Adviser to the OSCE High Commissioner on National Minorities as well as at the OSCE Mission in Kosovo. His career in conflict resolution includes work with the Swiss Headquarters Support Unit for the OSCE in northern Bosnia and Herzegovina, the Temporary International Presence in Hebron, and the EU Rule of Law Mission in Kosovo.    

  • Ukraine's Fight Against Corruption

    Today, Ukraine has an historic opportunity to overcome its long struggle with pervasive corruption. Never before in its past has the country experienced such meaningful reforms, with the most significant being the establishment of a robust and independent anticorruption architecture. However, much remains to be done. An anticorruption court is urgently needed, as is an end to the escalating harassment of civil society. This briefing of the U.S. Helsinki Commission introduced the Commission’s recently published report, “The Internal Enemy: A Helsinki Commission Staff Report on Corruption in Ukraine.” Briefers discussed the conclusions of this report as well as the fight against corruption in Ukraine more broadly.

  • Supplementary Human Dimension Meeting: The Role of Free Media in the Comprehensive Approach to Security

    By Jordan Warlick, Policy Advisor From November 2 to November 3, 2017, Helsinki Commission staff participated in the OSCE Supplementary Human Dimension Meeting on the Role of Free Media in the Comprehensive Approach to Security. Supplementary Human Dimension Meetings are convened a few times per year on specific subjects that are determined to deserve distinct focus by the Chairmanship-in-Office. Like the annual Human Dimension Implementation Meeting, Supplementary Human Dimension Meetings bring participating States and civil society actors together, facilitating dialogue on challenges to human rights issues in the OSCE region. The OSCE Representative on Freedom of the Media, Harlem Désir, identified this topic – the role of free media in the comprehensive approach to security – as one of his four priorities at the Human Dimension Implementation Meeting in September 2017: “My second priority will be to protect media freedom in the new security context….I fully support the efforts of governments to combat terrorism and create safer societies, but let me repeat this simple fact: there are ways to achieve these goals without compromising on our hard-fought fundamental freedoms.” Unfortunately, some governments in the OSCE region consider a free press to be a threat to national security, and worse, persecute or silence journalists in the name of the security. Certain governments and nationalists justify the censorship of journalists by labelling them unpatriotic, even enemies of the state.  Since the failed coup attempt Turkey, for example, hundreds of journalists have been arrested and media outlets shuttered on the basis of national security. The mere suspicion that citizens are part of the Gulenist movement – the group that the Turkish government blames for the coup attempt – can result in many years in prison, or even life sentences.  Journalists, as well as civil society as a whole, have been particularly targeted by terrorism-related charges. However, despite that freedom of expression and national security are often pitted against each other, the two are not mutually exclusive – in fact, they are complementary. An independent, free, and pluralistic media can play a role in peacebuilding and conflict prevention, countering prejudices or misperceptions, and preventing extremism and radicalization. Still, in a world where terrorists spread radical ideas, prejudiced organizations perpetuate intolerance, and government-sponsored bots disseminate misinformation, the tension between freedom of expression and national security seems greater than ever.   The conference featured three sessions: the first, on free media as a basis for European security; the second, on the role of the media in peacebuilding and conflict prevention; and the third, on the role of media in counteracting disinformation, “hate speech” and radicalization. Panelists and participants present discussed the tension between freedom of expression and security interests, the pressures independent media faces from this tension, and best practices for governments to uphold free media and expression commitments in this context. The OSCE takes a comprehensive approach to security, subscribing to the idea that political-military security, human rights, and economic governance are mutually reinforcing ideals. It is important to encourage dialogue on best practices to ensure that participating States remain true to the ideals that the OSCE was founded upon, despite sometimes challenging circumstances.

  • Helsinki Commission Briefing to Launch Staff Report on Corruption in Ukraine

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: UKRAINE’S FIGHT AGAINST CORRUPTION Wednesday, November 29, 2017 1:00PM Dirksen Senate Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission Today, Ukraine has an historic opportunity to overcome its long struggle with pervasive corruption. Never before in its past has the country experienced such meaningful reforms, with the most significant being the establishment of a robust and independent anticorruption architecture. However, much remains to be done. An anticorruption court is urgently needed, as is an end to the escalating harassment of civil society. This briefing of the U.S. Helsinki Commission will introduce the Commission’s recently published report, “The Internal Enemy: A Helsinki Commission Staff Report on Corruption in Ukraine.” Briefers will discuss the conclusions of this report as well as the fight against corruption in Ukraine more broadly. Copies of the report will be available for distribution. The following panelists will offer brief remarks, followed by questions: Oksana Shulyar, Deputy Chief of Mission, Embassy of Ukraine in the United States Orest Deychakiwsky, Former U.S. Helsinki Commission Policy Advisor for Ukraine Anders Aslund, Senior Fellow, Atlantic Council Brian Dooley, Senior Advisor, Human Rights First

  • Senior OSCE Monitor to Discuss Conflict in Eastern Ukraine at Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: UKRAINE: REPORT FROM THE FRONT LINES Thursday, November 30, 2017 2:00PM Senate Visitors Center (SVC) Room 215 Live Webcast: www.facebook.com/HelsinkiCommission For more than three years, civilians in eastern Ukraine have suffered the effects of a needless conflict manufactured and managed by Russia; an estimated 10,000 people have been killed and more than 23,500 injured. The humanitarian situation continues to deteriorate amidst almost daily ceasefire violations and threats to critical infrastructure. Joseph Stone, an American paramedic, was killed on April 23, 2017 while monitoring the conflict as an unarmed, civilian member of the Organization for Security and Cooperation in Europe (OSCE) Special Monitoring Mission (SMM) to Ukraine.   SMM reports remain the only source of verifiable, public information on this ongoing conflict and the grave, daily impact it has on the local civilian population.  Mission personnel face regular and sometimes violent harassment by combined Russian-separatist forces seeking to limit the SMM’s access to the areas they control.  At this U.S. Helsinki Commission briefing, Alexander Hug, Principal Deputy Chief Monitor of the OSCE Special Monitoring Mission to Ukraine, will detail the humanitarian consequences of the ongoing conflict in Eastern Ukraine; provide an overview of the role of OSCE monitors and the threats they face in carrying out their duties; and offer thoughts on prospects going forward.  Alexander Hug has served in several roles at the OSCE, including as a Section Head and a Senior Adviser to the OSCE High Commissioner on National Minorities as well as at the OSCE Mission in Kosovo. His career in conflict resolution includes work with the Swiss Headquarters Support Unit for the OSCE in northern Bosnia and Herzegovina, the Temporary International Presence in Hebron, and the EU Rule of Law Mission in Kosovo.     

  • Prisoners of the Purge

    In July 2016, the Turkish people helped defeat a coup attempt that sought to overthrow their country’s constitutional order. In pursuing those responsible for the putsch, however, Turkish authorities created a dragnet that ensnared tens of thousands of people. The state of emergency declared by President Erdogan in the immediate aftermath of the coup attempt remains in effect today and gives the government vast powers to detain or dismiss from employment almost anyone, with only minimal evidence. Caught up in the sweeping purge are several American citizens, including Pastor Andrew Brunson, NASA scientist Serkan Gölge. Brunson worked and raised his family in Turkey for more than 23 years. Despite the efforts of the President of the United States, among many others, he has spent more than a year in jail without trial on national security charges. In addition, Gölge and two Turkish employees of U.S. consulates stand charged with terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks.    The U.S. Helsinki Commission hearing examined the factors contributing to the detention of American citizens, particularly Mr. Brunson, and U.S. consulate employees in Turkey, as well as the judicial processes to which they have been subject. Sen. Thom Tillis presided over the hearing, voicing his concerns about the treatment of American detainees in Turkey and the country’s deteriorating democratic institutions, particularly the judiciary. During the hearing, the Commission heard testimony from Deputy Assistant Secretary of State for European and Eurasian Affairs Jonathan Cohen, Executive Senior Counsel for the American Center for Law and Justice (ACLJ) CeCe Heil, Pastor Brunson’s daughter Jacqueline Furnari, and Director of Freedom House’s Nations in Transit Project Nate Schenkkan.   All witnesses spoke to their concerns about the worsening political climate in Turkey and the safety of its political prisoners, including Mr. Brunson and Mr. Gölge. They also discussed the impact of these arrests on U.S.-Turkey relations and policy recommendations that could help secure their release and promote Turkey’s respect for its rule of law and other commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE). Mr. Cohen called on the Turkish government to end the protracted state of emergency, cease sweeping roundups, and expedite due process for all the detained. He encouraged Congress to continue engagement through in-person and written correspondence with Turkish officials to communicate concerns about specific detention cases and the broader rule of law. Mr. Schenkkan detailed the scale of Turkey’s wide-scale purges, which he described as targeting independent voices and ordinary citizens from nearly every sector and as far exceeding any reasonable scope corresponding to the failed coup attempt. He recommended that the United States explore the application of individual sanctions against Turkish officials responsible for the prolonged and unjust detention of American citizens and U.S. consulate employees. Mrs. Heil and Mrs. Furnari testified about the physical, psychological, and personal toll of Pastor Brunson’s prolonged detention. They noted that Pastor Brunson has lost 50 pounds while in detention and suffered psychologically and emotionally from his isolation and separation from his family.

  • Bill Browder, Putin Enemy No. 1

    The harrowing tale of Bill Browder—how an American-born businessman became an enemy of the Russian state, how he has to live in constant fear, never knowing if the long arm of the Kremlin will snatch him, or kill him—is its own kind of daily terror. But what Browder’s story tells us about the way Vladimir Putin operates, and what he might want from this country, should scare us all. William Browder took his family on vacation in July, though he won't say where because that is one of those extraneous bits of personal information that could, in a roundabout way, get him bundled off to a Siberian prison or, possibly, killed. For eight years, he's been jamming up the gears of Vladimir Putin's kleptocratic machine, a job that seems to often end in jail or death, both of which he'd very much like to avoid. He'll concede, at least, that his leisure travels took him from London, where he lives, through Chicago, where he changed planes. As he walked through a terminal at O'Hare, he got a call from a New York Times reporter named Jo Becker. "Do you know anything," she asked, "about a Russian lawyer named Natalia Veselnitskaya?" Browder stopped short. "Yes," he said. "I know a lot about her." One of the most important things he knew was that Veselnitskaya had spent many dollars and many hours trying to convince Washington that Browder is a criminal. More than a decade ago, Browder was the largest individual foreign investor in Russia, managing billions in his hedge fund. Then, in 2009, one of his attorneys was tortured to death in a Moscow jail after exposing a massive tax fraud committed by Russian gangsters. His name was Sergei Magnitsky, and Browder has spent the years since trying to hold accountable anyone connected to Sergei's death. The most significant way is through the Sergei Magnitsky Rule of Law Accountability Act, a 2012 U.S. law that freezes the assets and cripples the travel of specific Russians, many of whom have allegedly laundered millions of dollars in the West. The Kremlin hates that law. Putin's hold on power requires the loyalty of dozens of wealthy oligarchs and thousands of complicit functionaries, and their loyalty, in turn, requires Putin to protect the cash they've stashed overseas. Putin hates the law so much that he retaliated by banning Americans from adopting Russian children—yes, by holding orphans hostage—and has said that overturning the Magnitsky Act is a top priority. That's where Veselnitskaya comes in. As a lawyer, she represented a Russian businessman trying to recover $14 million frozen by the Magnitsky Act. More important, she was involved in an extensive 2016 lobbying and public-relations campaign to weaken or eliminate the act, in large part by recasting Browder as a villain who conned Congress into passing it. That was not empty political spin for an American audience: The Russians really do want Browder in prison. In 2013, a Russian court convicted him in absentia (and Sergei in his grave) of the very crime Sergei uncovered and sentenced Browder to nine years in prison. Later, it got worse. In April 2016, Russian authorities accused Browder of murdering Sergei—that is, of killing the person on whose behalf Browder had been crusading, and who the Russians for seven years had insisted was not, in fact, murdered. The campaign was oafish yet persistent enough that Browder thought it wise to compile a 26-page presentation on the people behind it. Veselnitskaya appears on five of those pages. "I've been trying to get someone to write this goddamned story," Browder told Becker on July 8. "She's not just some private lawyer. She's a tool of the Russian government." But why, Browder wanted to know, was Becker suddenly interested? "I can't tell you," she said. "But I think you'll be interested in a few hours." Browder flew off to the place he won't name, switched on his phone, and scrolled to the Times website. He drew in a sharp breath. He exhaled. F***. Donald Trump Jr. told the Times that the June 9, 2016, meeting had been about adoptions, which demonstrated either how out of his depth he was or how stupid he thought reporters were. If Veselnitskaya had been talking about adoption, she of course had been talking about the Magnitsky Act. Which meant she'd also been talking about Bill Browder. He read the story again, closely. Browder wasn't sure what the implications were. But if he'd known about it in real time—that the staff of a major-party presidential candidate was listening intently to those who accuse him of murder and want him extradited and imprisoned—he would have been terrified. "Putin kills people," Browder said to me one afternoon this autumn. "That's a known fact. But Putin likes to pretend that he doesn't kill people. So he tends to kill people he can get away with killing." Browder did not say this as if it were a revelation. (And technically it's an allegation that Putin has people killed, albeit one so thoroughly supported by evidence and circumstance that no one credibly disputes it.) Rather, he told me that by way of explaining why he was telling me anything at all: The more often and publicly he tells the story of Sergei Magnitsky, the less likely he'll be to get poisoned or shot or tossed out a window, which has happened to a number of Putin's critics. If anything does happen to him, he reasons, the list of suspects would be short. He spoke softly, methodically, though with great efficiency; not scripted, but well practiced. We were in the conference room of his offices in London. Afternoon light washed through a wall of windows, threw bright highlights onto his scalp, sparked off the frame of his glasses. Browder is 53 years old, medium build, medium height, medium demeanor, and was wearing a medium-blue suit. He does not look like a threat to Russian national security, which the Kremlin declared him to be 12 years ago. Still, there is a hint of steel, something hard and sharp beneath all of the mediumness; if he confessed that he'd served in the Special Forces, it would be a little surprising but not shocking. It was late September, and Donald Trump had been president for 248 days. In the weeks after the election, Browder was "worried and confused." Trump has a creepy habit of praising Putin, but he'd also surrounded himself with Russia hard-liners like General James Mattis, Nikki Haley, and Mike Pompeo—secretary of defense, ambassador to the United Nations, and director of the CIA, respectively. Browder war-gamed the Magnitsky Act but didn't see any way that Trump could kill it—Congress would have to repeal the law—only a chance that he might refuse to add more names to the target list. (Five people were added to the list last January, bringing the total to 44.) He figured the same was true with the Global Magnitsky Human Rights Accountability Act, which President Obama signed shortly before leaving office, expanding the targeted-sanctions tool to human-rights abusers worldwide. The Russians hate that law, too, because having "Magnitsky" in the title reminds the entire planet where the standard was set and by whom. The first months of the new administration unspooled, spring into summer. Trump's flirtation with Putin persisted, but with no practical effect. "The Russians got nothing," Browder said. Congress, in fact, imposed its own sanctions on Russia for meddling in the 2016 election, cutting Trump out of the loop entirely. "I watch this like a hawk," Browder said, "and so far they've gotten nothing. There's not a single piece of Russian policy that's gone Putin's way." But then, in July, the Times reported that Veselnitskaya had met with Trump Jr., Jared Kushner, and Paul Manafort, Trump's campaign manager at the time, in June 2016. That shifted the calculus. "America has been my staunchest ally," Browder said. "It wasn't an assumption but a question: Had they flipped my biggest ally?" That was still an open question when we met in London. Much more had been reported about Trump and Russia. Other contacts and communications were known, and details kept evolving, an endless, sloppy churn of information. There was more, too, about the meeting with Veselnitskaya, which happened two weeks after Trump secured the nomination: It was attended by eight people in all, including Rinat Akhmetshin, who is usually described as a former Russian military-intelligence officer, though that generously assumes that any Russian spook is ever fully retired from the spy game. Browder has another PowerPoint presentation on him. Additionally, Manafort's notes on the meeting reportedly mentioned Browder by name. This is all bad. "They were in a meeting to discuss Bill Browder, the Magnitsky Act, and how to get the Magnitsky Act repealed," he said. "Now, what [the Russians] were offering in return, we don't know. But if it had just been a courtesy meeting, only one of [the Trump team] would have showed up." Maybe no one will ever know what, if anything, the Russians offered. But there's no doubt what they wanted, and how badly. In a four-page memo prepared for the meeting by Veselnitskaya (and later obtained by Foreign Policy), the Magnitsky Act was inspired by "a fugitive criminal" who ripped off the Russian treasury and then went on a worldwide publicity tour to, apparently, cover it up. "Using the grief of the family of Magnitsky to his own advantage, Browder exposes them as a human shield to distract attention from the details of his own crime," she wrote. Passage of the Magnitsky Act, moreover, marked "the beginning of a new round of the Cold War." That is an assertion as grandiose as it is belligerent. And yet it is not wholly inaccurate. To understand why the Kremlin is so perturbed, it helps to understand Bill Browder. In many ways, he is the Rosetta Stone for decoding the curious relationship between the Trumps and the Russians. Browder's grandfather Earl was a communist. He started as a union organizer in Kansas and spent some time in the Soviet Union in the 1920s, where he married a Jewish intellectual and had the first of his three sons, Felix. The family moved to Yonkers in 1932, where Earl became secretary general of the Communist Party USA. He ran for president twice, in 1936 and 1940, and Time magazine put him on its cover in 1938 above the headline COMRADE EARL BROWDER. His fortunes fell in 1941, when he was convicted of passport fraud. His four-year sentence was commuted after 14 months, and he was released into relative obscurity until the 1950s, when he was harassed by the House Un-American Activities Committee. Bill's grandmother steered her boys away from politics and toward academics, in which they wildly overachieved. Felix enrolled at M.I.T. at the age of 16, graduated in two years, and had a Princeton Ph.D. in math when he was 20. He met his wife, Eva, at M.I.T., a Jewish girl who'd fled Vienna ahead of the Nazis and spent her teenage years in a tenement with her impoverished mother. Felix and Eva had two boys. Their first, Thomas, took after his father: University of Chicago at 15, doctoral student in physics at 19. Their second, Bill, did not. He liked to ski and smoke and drink. He got kicked out of a second-tier boarding school and barely got into the University of Colorado, which was fine with him because it was a notorious party school. By his account, he spent his formative years rebelling against everything his leftist-intellectual family held sacred. "Rejecting school was a good start, but if I really wanted to upset my parents, then I would have to come up with something else," he wrote in his 2015 book, Red Notice: A True Story of High Finance, Murder, and One Man's Fight for Justice. "Then, toward the end of high school, it hit me. I would put on a suit and tie and become a capitalist. Nothing would piss off my family more than that." He started studying, transferred to the University of Chicago, got into a two-year pre-MBA program at Bain & Company, in Boston. He parlayed that and an essay about Comrade Earl Browder—from communist to capitalist in two generations!—into a seat at Stanford. Out of genealogical curiosity, he began thinking about Eastern Europe. "If that's where my grandfather had carved out his niche," he wrote, "then maybe I could, too." He got a job with a consulting firm and moved to London in August 1989. Three months later, the Berlin Wall fell and the Soviet Union crumbled. Eastern Europe was wide open for business. His first account was consulting for a Polish bus manufacturer that was bleeding cash. It was miserable work in a miserable little city, but while he was there his translator explained the financial tables in the local newspaper. With the fall of communism, nationalized companies were being privatized and their stocks were offered at fire-sale prices: A company with $160 million in profits the previous year had a stock valuation of only $80 million. Browder invested his entire savings, $2,000, in Polish stocks. He eventually walked away with $20,000. He'd found his niche. By 1993, he was in Moscow, investing in staggeringly undervalued stocks: He invested $25 million and turned a $100 million profit. With money that good and almost no Western competition, Browder, in 1996, raised enough cash to open his own fund, Hermitage Capital. Over the next decade, Hermitage did exceptionally well. The downside, though, was that the economy wasn't transitioning from communism to capitalism so much as it was devolving into gangsterism. Corruption was endemic. A handful of oligarchs looted and swindled at their leisure. Browder countered by positioning himself as an activist shareholder; he and his staff would piece together who was ripping off what, name names, try to impose a modicum of order on a lawless system. When Vladimir Putin rose to power, Browder believed he was a reformer eager to purge the kleptocracy. In 2003, for example, Putin arrested the country's richest man, oil magnate Mikhail Khodorkovsky, charged him with fraud, and displayed him in a cage in a courtroom until his inevitable conviction. In the context of the time, many critics saw the ordeal as a capricious show trial orchestrated by an authoritarian thug. Not Browder. "I would trust Putin any day of the week," he told The Washington Post in early 2004. "It's like being in a lawless schoolyard where there's bullies running around and beating up all us little people, and then one day a big bully comes along and all the little bullies fall into line. That's what the state is supposed to be—the big bully." But Putin, he discovered, wasn't pushing for good corporate governance. He was taking over the rackets. Putin put Khodorkovsky in a cage for the same reason Vito Corleone put a horse's head in Jack Woltz's bed: to send a message. Oligarchs could steal, but they had to pay tribute. Oligarchs no longer needed to be named and shamed; they needed to be kept in line and to keep earning. At that point, an activist shareholder like Browder became an expensive nuisance. Browder was kicked out of the country on November 13, 2005. For a while, he thought the Russian bureaucracy had made a mistake by canceling his visa, confusing him with someone else, perhaps, or misfiling some paperwork. He enlisted the help of British diplomats—Browder had been a British citizen since 1998—to no avail. There had been no mistake. Browder had been declared a threat to Russian national security. Hermitage Capital remained in business, though, its office run by Browder's staff while he oversaw operations from London. But in Moscow, the pressure only increased. In June 2007, security forces raided Hermitage and the office of the law firm it employed. They carted away computers and files and, interestingly, all the corporate seals and stamps. At first, none of that made sense. But then Sergei Magnitsky, a 36-year-old Muscovite who handled tax matters for Hermitage, started digging around. He eventually discovered three of Hermitage's holding companies had been used by Russian gangsters to swindle $230 million in tax rebates. It was a straight-up robbery of the Russian treasury. The scam wasn't unheard of, except the amount was perhaps the largest such tax fraud ever uncovered in Russia. Browder and his staff reported the theft to the authorities and the media in the summer of 2008. They even named suspects, including some of the security officials who'd earlier been involved in the office raids. Nothing happened. Then, a few months later, on November 24, 2008, Sergei was arrested at his home. He was held for nearly a year in various prisons, overrun with rats and damp with sewage. According to complaints Sergei wrote, he was fed porridge infested with insects and rotten fish boiled into mush. He contracted pancreatitis and gallstones but was refused treatment. Yet he was repeatedly told he would be released if he would recant his allegations and, instead, implicate Browder as the mastermind of the tax scam. He refused every time. Almost a year after he was arrested, desperately ill, Sergei was handcuffed to a bed rail in an isolation cell. Eight guards beat him with rubber truncheons. A little more than an hour later, he was dead. Before Sergei was killed, Browder had been lobbying anyone he could think of to pressure the Russians into releasing his accountant. One of the agencies he approached in the spring of 2009 was the U.S. Helsinki Commission, an independent federal agency in Washington that monitors human rights in 57 countries, including Russia. Kyle Parker, one of the Russia experts there, wasn't interested. He knew who Browder was—the money manager who'd championed Putin, the guy who'd made the rounds of Western capitals a few years earlier trying to get his visa restored. He assumed that's what Browder was still after. "Not gonna be able to make it," he e-mailed a colleague scheduling the meeting. "Unless much has changed, I see this meeting as info only and would not support any action on our part." He eventually met with Browder, though, and he listened to the story of Sergei. Parker understood, but it didn't seem especially uncommon. "I was thinking: Why is Bill trying to suck us into a pissing match between competing criminal groups?" Parker didn't even include Sergei in a 2009 letter to Obama highlighting the commission's most pressing concerns. After Sergei had been killed, Browder went back to the Helsinki Commission. Parker told him how sorry he was. He told him that he cried when he heard Sergei was dead, that he read about it through teary eyes on the Metro, riding the Red Line home to his wife and kids. He said he was going to help. "Here you have this Russian hero almost of a literary quality in Sergei Magnitsky," Parker told me. "He wasn't a guy who went to rallies with a bullhorn and protested human-rights abuses in Chechnya. He was a bookish, middle-class Muscovite. I see Sergei metaphorically as that Chinese guy standing in front of the tanks, but with a briefcase. He provided an example for all the other Russians that not everybody goes in for the deal, not everybody is corrupt, not everybody looks the other way when people are swindled." What Browder wanted was some form of justice for Sergei, though what form that would take was unclear. He'd researched his options for months. The Russians weren't going to prosecute anyone—officially, Sergei died of heart failure. There was no international mechanism to hold Russian nationals criminally accountable in another country. "Eventually," Browder said, "it became obvious that I was going to have to come up with justice on my own." He outlined a three-pronged approach. One was media, simply getting Sergei's name and his death and the reasons for it into the public consciousness. He talked to reporters, and he produced a series of YouTube videos, short documentaries on the people allegedly involved in Sergei's death. The second was tracing the money. "They killed him for $230 million," Browder said, "and I was going to find out where that money went." It was parceled out to dozens of people, tucked away in Swiss accounts and American real estate and Panamanian banks, some of it held by proxies; part of it allegedly ended up in the account of a Russian cellist who happened to be a childhood friend of Putin's. By mining bank transfers and financial records, Browder and his staff have accounted for much of it, including $14 million allegedly laundered by a Cypriot company into Manhattan property. (The Justice Department froze those funds in 2013 but settled with the company, Prevezon, last summer for $5.9 million. Prevezon's owner, a Russian named Denis Katsyv, is represented by Natalia Veselnitskaya. The case did not allege that he had any role in Magnitsky's death.) The final prong was political. Browder had heard about an obscure regulation that allows the State Department to put visa restrictions on corrupt foreign officials. But in the spring of 2010, the Obama administration was attempting to normalize relations with Russia—a "reset," as Obama famously put it. People die horrible deaths every day, and it's terrible and it shouldn't happen. But Russia is also a large country with a significant sphere of geopolitical influence and a lot of nuclear weapons. In that context, a dead middle-class tax lawyer wasn't relevant. But what if, Parker suggested, they went to Congress? What if the legislature, rather than the administration, took action? That was also a long shot. Getting any law passed is difficult, let alone one the administration opposes. But Browder told Sergei's story to congressional committees and individual senators and congressmen, and he kept telling it until the Sergei Magnitsky Rule of Law Accountability Act was passed by both houses of Congress and signed into law 11 days before Christmas 2012. The act originally named 18 Russians, including bureaucrats implicated in the original scam; investigators Sergei had accused of being involved and getting a cut of the $230 million; jailers who tormented him; and two alleged killers. As more of the stolen money was traced, more names were added to the list. Everyone on it is banned from entering the United States and, more damaging, cut off from the American banking system. That has a ripple effect: Legitimate financial institutions all over the world monitor the Treasury Department list of sanctioned individuals and are loath to do business with anyone on it. "That's what people hate about it the most," Browder said. "It makes you a financial leper." And that matters to Putin, Browder maintains, because the Russians on the list are not independently wealthy, like, say, Bill Gates or Richard Branson. "They're dependently wealthy," he said. "They're dependent on Putin." If the deal is that corrupt Russians can keep their cash in return for their loyalty, the Magnitsky Act is an enormous thorn in Putin's side. If he can't protect anyone's pilfered money, what's the point of loyalty? Putin surely understands that, because he was so transparently rattled: Taking orphans hostage is not the reasoned reaction of a man merely annoyed. Browder initially wanted to call the law the Justice for Sergei Magnitsky Act. But Parker never took to that. "Banning some corrupt officials from coming here isn't even close to justice," he said. "But it's a legislative monument to Sergei Magnitsky until one day Russia builds a stone monument to him. Because I have no doubt he'll be seen as the Russian patriot and hero that he was." Not quite three weeks after the Times broke the story of Veselnitskaya lobbying the Trump campaign to get rid of the Magnitsky Act, Browder testified before the Senate Judiciary Committee about, primarily, how Russian operatives wield influence and frame their propaganda. Eight years after he'd started targeting a handful of Russian crooks, Browder was suddenly very relevant to a much larger political storm. He flew home to London after he testified but had to return to the United States in early August. He checked in at an airline counter in Heathrow but was told there was a problem with his visa. He'd been flagged by Interpol, which had issued a red notice on him. It's basically an international arrest warrant, and it was the fourth requested by the Russians for Browder. Technically, a member nation is supposed to extradite him to the country that asked for the notice. But the British, along with other sensible Western nations, stopped taking Russia's attempts regarding Browder seriously years ago. In the end, it was only an inconvenience. But what if he'd been in, say, Finland when that notice popped up? The Finns are fine people, but they also have a 500-mile border with Russia. Would letting Browder go be worth risking an international incident with a bigger, more aggressive neighbor? He can make a reasonable case that, no, he would not be worth it. "I'm very realistic about who's coming to my defense," he said. "I am my defense." So he's careful. He avoids countries that might be friendly to Putin. Much of the Third World is out. So is Hong Kong. He'd be fine in Japan, but only if he didn't fly over Russian airspace. What if the plane has trouble and makes an emergency landing in Novosibirsk? That's where Khodorkovsky was seized and hauled off to a cage. Even in London, he's cautious. He won't talk about his family or where he lives. He varies his schedule and his route to work every day. He doesn't eat in the same restaurant twice in succession, or in any restaurant with predictable frequency; Russian agents have reputedly twice poisoned dissidents in London. He told me the British government has rebuffed at least a dozen requests to extradite him, and American intelligence has warned him that Russian agents planned to grab him off the street. Years ago, a Russian living in London came to Browder's staff with information about certain wealthy, corrupt people in Moscow. He was cagey and shifty and, at first, it seemed like he might be a Russian agent trying to plant false clues. But his information checked out and Browder learned who he really was. His name was Alexander Perepilichnyy, and he was nervous because he believed he was on a Russian hit list. On November 10, 2012, Perepilichnyy dropped dead in front of his house in Surrey. There was no obvious cause of death—no heart attack or stroke or aneurysm—and an inquest wasn't opened until last June. Perepilichnyy wasn't a well-known dissident, so no one thought to take a hard look when he died. "They got away with it," Browder said, meaning the Russians. "That's a perfect example of why you don't want to be an anonymous guy who drops dead." So Browder is deliberately not anonymous. He does not live in cloistered fear. When a car service got confused trying to pick him up for a photo shoot—definitely a way to not be anonymous—we took the Tube a few stops, then walked through Kentish Town to the studio. There was no security, just two men wandering around London. He has hobbies that he asked I not name, but none of them are solitary or sedentary. "One thing I can tell you," he said, "with the threat of death hanging over you, you live life to the fullest." He laughed a little. In this new version of his life, Browder is still most often referred to as a financier, but that's only marginally true. He gave all his investors their money back, and manages only his own now. Justice for Sergei—and aggravating Putin—is his full-time job. His staff of 11 tracks money launderers, deciphering which flunky is fronting for which oligarch, sniffing out the rest of that $230 million. He lobbies other governments to pass their own versions of the Magnitsky Act. The United Kingdom has one, as does Estonia. Lithuania is close, and Canada passed one in October. "Unconstructive political games," Putin told a Canadian interviewer immediately after, orchestrated by "the criminal activities of an entire gang led by one particular man, I believe Browder is his name." And Putin wasn't finished. A week later, Russia slipped another red notice into Interpol's system. For the second time in three months, Browder was temporarily barred from entering the U.S. It's relentless, Putin clawing at him, thrashing. "Their main objective is to get me back to Russia," he said. "And they only have to get lucky once. I have to be lucky every time." "Everything Bill's done has cost him tremendously," Parker said. "It's cost him money, restricted his personal freedom. And he didn't have to. He was out of Russia. He could have done what many did and walked away. Bad things happen, right? But here's a guy who's proven whatever he needed to prove to himself. He made his money. Now here's a way to find meaning. It's also a debt of honor." No, it's more than that. "It's penance," Browder said. Sergei Magnitsky was an ordinary Muscovite who happened to work for an American who annoyed Vladimir Putin. "Sergei was killed because of me. He was killed instead of me." He let that hang there a moment. "So, yeah, it's all penance." Sean Flynn is a GQ correspondent. This story originally appeared in the December 2017 issue with the title "Putin Enemy No.1."

  • Internet Freedom in the OSCE Region: Trends and Challenges

    On Tuesday, November 14, 2017 the U.S. Helsinki Commission held a briefing on internet freedom in the OSCE region. The panelists – Sanja Kelly, Director of Freedom House’s Freedom on the Net; Dariya Orlova, Senior Lecturer and Deputy Director for Research at the Mohyla School of Journalism in Kyiv, Ukraine; Berivan Orucoglu, Human Rights Defenders Program Coordinator at the McCain Institute; and Jason Pielemeier, Policy Director at the Global Network Initiative – discussed concerning developments in participating States. First, Sanja Kelly provided an overview of Freedom House’s work on internet freedom issues and described the recent edition of the Freedom on the Net report, which was released that very day. The report found that internet freedom declined for the seventh consecutive year around the world, but that the situation among OSCE participating States is more diverse. The region includes some of the report’s best performers, such as Estonia, Iceland, Germany and the United States, as well as some of its worst performers, with Russia, Turkey and Uzbekistan. She also noted the concerning finding that Russia is using the internet to interfere in domestic processes in other OSCE participating States. She pointed out that the “same manipulation techniques, including paid pro-government commentators, bots and fake news, that the Russian authorities have been using in their disinformation campaigns abroad, have long been used … against Russian independent journalists, political opponents and other critical voices.” After that, Dariya Orlova gave an account of the deteriorating internet freedom situation in Ukraine. To blame for this decline, she said, is the introduction of bans on several Russian internet services, including social media networks, email services and search engines. According to Dariya, there has been a lack of outspoken critique against these measures among domestic audiences. She also drew attention to the increasingly dangerous environment that online activists and journalists find themselves in. Then, she briefly explained some of the Kremlin’s tactics when it comes to weaponizing social media platforms. Berivan Orucoglu focused her remarks on the sharp decline in internet freedom that Turkey has experienced in the past few years. In her eyes, this reflects a crackdown on press freedom and freedom of expression more generally. In an effort to control the narrative, the Turkish government has jailed journalists, curbed dissent on social media, as well as in the mainstream media and otherwise intimidated critics. More often than not, national security reasons are cited as justification for these measures. In closing, Jason Pielemeier introduced his organization, the Global Network Initiative, to the audience and proceeded to place some of the aforementioned internet freedom trends into historical context. By doing so, he tried to understand the motivations of repressive regimes to clamp down on online activity. He also touched on more technical aspects of the discussion, such as data localization and the effects such measures have on intelligence operations.

  • Turkey’s Detention of U.S. Citizens to Be Scrutinized at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: PRISONERS OF THE PURGE: THE VICTIMS OF TURKEY’S FAILING RULE OF LAW November 15, 2017 9:30AM Dirksen Senate Office Building Room 124 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce111517 In July 2016, the Turkish people helped defeat a coup attempt that sought to overthrow their country’s constitutional order. In pursuing those responsible for the putsch, however, Turkish authorities created a dragnet that ensnared tens of thousands of people. The state of emergency declared by President Erdogan in the immediate aftermath of the coup attempt remains in effect today and gives the government vast powers to detain or dismiss from employment almost anyone, with only minimal evidence. Caught up in the sweeping purge are several American citizens, including pastor Andrew Brunson, who worked and raised his family in Turkey for more than 23 years. Despite the efforts of the President of the United States, among many others, he has spent more than a year in jail without trial on national security charges. Additionally, a Turkish-American NASA scientist and two Turkish employees of U.S. consulates stand charged with terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks.     The U.S. Helsinki Commission hearing will examine the factors contributing to the detention of American citizens, particularly Mr. Brunson, and U.S. consulate employees in Turkey, as well as the judicial processes to which they have been subject. One of Mr. Brunson’s family members and his U.S. attorney will testify about his ongoing detention. Witnesses will also discuss the impact of these arrests on U.S.-Turkey relations and policy recommendations that could help secure their release and promote Turkey’s respect for its rule of law and other commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE). Panel One: Jonathan R. Cohen, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs, U.S. Department of State Panel Two: CeCe Heil, Executive Counsel, American Center for Law and Justice (ACLJ) Jacqueline Furnari, Daughter of Andrew Brunson Nate Schenkkan, Director of the Nations in Transit Project, Freedom House

  • Religious Freedom Violations in OSCE Region Topic of Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: RELIGIOUS FREEDOM VIOLATIONS IN THE OSCE REGION: VICTIMS AND PERPETRATORS Wednesday, November 15, 2017 2:00PM Russell Senate Office Building  Room 385 Live Webcast: www.facebook.com/HelsinkiCommission All 57 participating States of the Organization for Security and Cooperation in Europe have committed to recognize and respect religious freedom as a fundamental freedom. However, some OSCE countries are among the worst perpetrators of religious freedom violations in the world. Tajikistan, Turkmenistan, and Uzbekistan are currently designated by the U.S. State Department as “Countries of Particular Concern,” a designation required by U.S. law for governments that have “engaged in or tolerated particularly severe violations of religious freedom.” The U.S. Commission on International Religious Freedom has recommended that Russia also be designated as a CPC and includes Azerbaijan, Kazakhstan, and Turkey in its list of “Tier 2” countries that “require close monitoring due to the nature and extent of violations of religious freedom engaged in or tolerated by governments.” This briefing will happen just two days after CPC designations are due on November 13 (U.S. law requires the State Department to issue new CPC designations no later than 90 days after releasing its annual International Religious Freedom report). Panelists – including a representative from a frequently targeted religious group – will discuss religious freedom victims, violators, and violations in the OSCE region. The conversation will include recommendations for what governments and the OSCE institutionally should do to prevent and respond to violations. The intersection between security, a chronic justification for violations, and religious freedom will be featured. The following panelists will offer brief remarks, followed by questions: Ambassador Michael Kozak, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State Dr. Daniel Mark, Chairman, U.S. Commission on International Religious Freedom Dr. Kathleen Collins, Associate Professor of Political Science, University of Minnesota, and Scholar, Under Caesar’s Sword (a global three-year research project investigating how Christian communities respond when their religious freedom is severely violated) Philip Brumley, General Counsel, Jehovah’s Witnesses  

  • Helsinki Commission Briefing to Examine State of Internet Freedom in OSCE Region

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: INTERNET FREEDOM IN THE OSCE REGION: TRENDS AND CHALLENGES Tuesday, November 14, 2017 1:00PM Senate Visitors Center (SVC) Room 215 Live Webcast: www.facebook.com/HelsinkiCommission For seven straight years, internet freedom in Eurasia has been on the decline, with countries like Russia and Turkey among the worst offenders. Independent websites are frequently censored and bloggers and netizens are being jailed for promoting human rights or documenting abuse. Meanwhile, governments are employing manipulation and disinformation campaigns to control the online information landscape and silence opposing voices, weaponizing social media to preserve power. On November 14, Freedom House will release the newest edition of its Freedom on the Net report, an annual assessment of internet access, censorship, and user rights in 65 countries, encompassing 87 percent of all internet users. Featuring the report’s main findings, this briefing will examine declining internet freedom globally and in the OSCE region, and its impact on broader democracy and human rights; growing cyberattacks against human rights defenders in Russia and the former Soviet sphere; and government use of social media to manipulate discussions and attack critics. The following panelists are scheduled to participate: Sanja Kelly, Director, Freedom on the Net, Freedom House Dariya Orlova, Senior Lecturer, Mohyla School of Journalism in Kyiv, Ukraine Berivan Orucoglu, Human Rights Defenders Program Coordinator, The McCain Institute Jason Pielemeier, Policy Director, Global Network Initiative

  • Belarus: 25 Years after Signing the Helsinki Final Act

    In July 2017, Belarus hosted the OSCE Parliamentary Assembly (PA) Annual Session.  However, two decades ago, the OSCE PA refused to even recognize the legitimacy of Belarus’ putative elected representatives.  What has changed? Download the full report to learn more.

  • International Day to End Impunity for Crimes against Journalists

    By Jordan Warlick, Staff Associate and Olivia Leggieri, Intern November 2, 2017, marks the fourth International Day to End Impunity for Crimes against Journalists since the United Nations General Assembly’s resolution in December 2013. The UN chose this date in November to commemorate the assassination of two French journalists who were murdered while on assignment in Mali. This day serves as a reminder of the obligation of nations to take urgent measures to protect journalists and media workers and to bring the perpetrators of such targeted violence to justice. Currently, only one in ten cases committed against journalists worldwide ends in a conviction; since 1992, 695 journalists have been murdered with impunity in connection with their work. The assassination of Russian journalist Natalya Estemirova in 2009 illustrates these cases of impunity. Estemirova was a courageous investigative reporter who covered government atrocities in the Chechen Republic of the Russian Federation, particularly after Vladimir Putin launched the second Chechen war in 1999 in response to a series of apartment bombings.  In 2006, she visited the Helsinki Commission to discuss her findings regarding human rights violations by Chechen authorities.  At the meeting, she also expressed concern about the rising justification for the use of torture as a tool of counterterrorism in many countries, observing, “You cannot protect the law using illegal methods.” Estemirova was abducted in Grozny, the capital of Chechnya, on the morning of July 15, 2009, and found murdered in Ingushetia later that day. She was the fifth Novaya Gazeta journalist killed since 2000; to this day no one has been held responsible for her murder. At the time of her assassination, she was 51 years old and left behind a 15-year-old daughter. Then-Helsinki Commission Chairman Senator Ben Cardin, Co-Chairman Congressman Alcee Hastings, and Ranking Members Senator Sam Brownback and Congressman Chris Smith condemned her murder. Chairman Cardin stated, “Murder and intimidation of activists and journalists is both a serious violation of human rights and an affront to any democracy.” On the one-year anniversary of Estemirova’s murder, then-Co-Chairman Representative Alcee Hastings introduced a resolution in the House of Representatives to express solidarity with human rights defenders in the Russian Federation. The resolution called for an end to impunity for those responsible for such acts through the conduct of timely, transparent and thorough criminal investigations into the unresolved murders of human rights defenders, journalists, and political opposition members and the prosecution of all of those responsible for these crimes. Chechen nationalists have also targeted Russian journalist Karina Orlova, who participated in a recent Helsinki Commission briefing on systematic violence against journalists in Russia and other OSCE participating States in the region. These threats ultimately led her to flee Russia and become a correspondent for Radio Echo of Moscow in Washington, D.C.  She emphasized that attacks such as the ones she received force journalists to self-censor, but vowed to never do so herself. Ruthless regimes do not have to kill every independent, critical, investigative journalist, just enough so that others will get the message and fall silent or leave.  Violent attacks against journalists are often preceded by government-sanctioned or led smear campaigns and other forms of harassment. Participating States of OSCE are committed to protecting the freedom of the media and improving working conditions for journalists. However, violence against journalists in OSCE participating States signals a lack of compliance with the Helsinki Accords, and further, the need to bring justice to those attempting to silence the independent press. 

  • Parliamentarians and Commissioners Discuss Europe’s Changing Landscape and BREXIT

    By Mischa Thompson, Policy Advisor As part of a week of activities, top European legislators participated in a Capitol Hill event hosted by Helsinki Commissioners Representatives Gwen Moore (WI-04), Sheila Jackson Lee (TX-18), and Alcee L. Hastings (FL-20) on the potentially far-reaching impact of BREXIT and several European elections for the 57 North American and European countries that make up the region of the Organization for Security and Cooperation in Europe (OSCE).   Member of the European Parliament and former Italian Integeration Minister Cecile Kyenge launched the event with the assertion that the United Kingdom’s June 23, 2016 decision to leave the European Union (EU)—often described as BREXIT—“shook the European Project to its core with the unprecedented case of [a] Member State parting from the EU.”  Beyond BREXIT testing the EU, she also said it was a test for EU values.  Reminding the audience that “the motto of the EU is ‘United in Diversity’ [and] its significance in Europeans coming together for peace and prosperity [across cultures],” she also noted how BREXIT had divided communities throughout the EU. Building on these remarks, Commissioner Representative Sheila Jackson Lee highlighted the global leadership role the UK has played in human rights and asked the European delegation how BREXIT might impact this role going forward. UK Parliamentarian David Lammy noted that the BREXIT vote was an extraordinary break from the past.  “The British put politics before the economy [to] end the free movement of people across Europe,” he stated.  “BREXIT will lead to economic decline in the short to medium term [and] will not lead to an end to immigration […] because when Britain goes to negotiate free trade agreements with [for example]  India, the first thing they will say is they want visas for their people to come to the UK […]  We will be trading immigration from Eastern Europe from other parts of the […] Commonwealth.”  He also acknowledged that while a “UK-US FTA (free trade agreement) is being discussed,” an agreement could have negative implications for the British on issues from the “National Health Service [to] genetically modified foods and crops.” Observing that BREXIT was part of a long-standing conversation on immigration, refugees, and the economy of the European Union, Swedish Parliamentarian Momodou Jallow said, “Europe has an aging population and that means we need as many people as possible with the competencies we need to sustain the living conditions we created.”  Critical to sustaining European economies and standards of living, he highlighted the importance of “creat[ing] conditions for people to come work [under] the same labor conditions as Swedes and the need for social investments so all can work, pay taxes, [and] for a better society.”   “Policymakers have to do better to explain there is no conflict to have everyone work and maintain the living conditions we have created,” he stated.  He also raised the EU’s history of defending human rights and challenges to that image during the current refugee crisis. Noting that Britain has a need for trained adult workers “to scale up its workforce” in addition to a huge regional problem with wealth and power being centralized in London and resources not being adequately distributed throughout the country, Lammy said, “We should blame successive domestic governments for this failure in those communities.  The EU was giving us little bits of substantive money to actually make things easier for people [in other regions].  Unfortunately, we could see the breakup of the UK,” he lamented. Despite the uncertainty presented by BREXIT, Commissioners Representatives Sheila Jackson Lee and Gwen Moore vowed to continue transatlantic cooperation.  Closing remarks by Representative Moore reminded participants of the role in global security and leadership the UK has played including in human rights and the continuing importance of U.S. civil rights leaders working with civil society across the Atlantic.  “We are concerned and wondering about the global implications BREXIT has for human rights,” she said.   In the spirit of accountability and transparency “It is important for us to remain citizens and partners,” she said. In addition to meetings with representatives of the U.S. government, private sector, and civil society, the European delegation also spoke at the Congressional Black Caucus Foundation’s Annual Legislative Conference. For more information on the Transatlantic Minority Political Leadership Conference, download the full report.

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