Freedom of the Media in the OSCE Region Part 1

WASHINGTON—Yesterday, U.S. Helsinki Commission Chairman Representative Joe Wilson (SC-02) and Ranking Member Representative Steve Cohen (TN-09) sent a letter to Secretary of State Antony Blinken and Secretary of the Treasury Janet Yellen requesting that the United States consider sanctioning three Swiss nationals, Vinzenz Schnell, Patrick Lamon, and Michael Lauber, under the U.S. Magnitsky Act. The Magnitsky Act authorizes the U.S. government to sanction individuals who financially profited from the murder of Sergei Magnitsky, who exposed a fraudulent tax scheme perpetrated by Russian nationals. The Chairman and Ranking Member are requesting that these individuals are reviewed for Magnitsky sanctions for their involvement in abetting Russian nationals to regain funds originally frozen in connections with the fraudulent tax scheme, and accepting unauthorised gifts and trips paid for by Russian officials and oligarchs. The letter comes as the Swiss Federal Prosecutor’s Office has decided to return about 80% of that frozen money to Russian individuals, including those sanctioned by the U.S. The letter reads: Dear Secretary Blinken and Secretary Yellen, We are writing you to request that the United States review for sanctions under the U.S. Magnitsky Act three Swiss nationals for their involvement in efforts to conceal the fraudulent tax scheme exposed by Sergei Magnitsky. These individuals have abetted Russian nationals sanctioned under the Magnitsky Act to regain access to funds, originally frozen in connection with the fraudulent tax scheme, and accepted unauthorised gifts and trips paid by Russian officials and oligarchs. These individuals are Vinzenz Schnell, Patrick Lamon, and Michael Lauber. The 2009 murder of Sergei Magnitsky was such a grave injustice that the United States passed the Magnitsky Act in 2012 to sanction the perpetrators, those who financially profited from his murder, and their agents. The Magnitsky Act was expanded to the Global Magnitsky Act in 2016 to cover all those involved in foreign corruption and human rights abuse. Since then, a number of individuals have been sanctioned by the U.S. government, including Olga Stepanova (the tax official who approved the illegal $230 million tax refund), her husband Vladlen Stepanov, and Dmitry Kluyev, the head of the Kluyev Organized Crime Group, that organized the fraudulent tax refund exposed by Sergei Magnitsky. These individuals were also sanctioned by our allies, including Canada, the United Kingdom, and Australia. From 2011-2013, Swiss prosecutors froze approximately $20 million in assets connected to that fraud, including accounts controlled by the sanctioned individuals Stepanov and Klyuev, as well as a son of Russian government official Denis Katsyv, who paid over $6 million in settlement of the Department of Justice civil forfeiture action. We were appalled to learn that the Swiss Federal Prosecutor’s Office has decided to return approximately 80% of that frozen money to these Russian individuals, including those sanctioned by us. This decision was made by then Swiss Federal Prosecutor Kohler and authorized by current Federal Prosecutor Stefan Blättler. The decision to return the stolen money to the perpetrators was justified by the Swiss Federal Prosecutor’s Office by repeating the false narrative of Russian officials claiming that “no criminal group was identified” in this fraud and that the tax officials who authorized the refund were “tricked.” These findings are in direct contradiction to the findings of our government and many of our allies. The Swiss Federal Prosecutor’s Office repeated verbatim the statements they received from the Russian government. More worrying is that the leading Swiss investigator on the case, Vinzenz Schnell, was found to have taken bribes in the form of hunting trips funded by Russian oligarchs. When the investigator was convicted, he revealed that he was asked to derail the Magnitsky investigation. Swiss Federal Prosecutor Lauber and senior prosecutor Lamon were also exposed to have gone on trips paid by the Russians. Members of the Helsinki Commission have approached the Swiss government about this case and been told the Swiss government “cannot interfere in a judicial process.” In this time of Putin’s brutal and unprovoked war against Ukraine, the Swiss government is primed to return money to criminals in Russia who have been sanctioned by the U.S. government and justify it by making and repeating the false account of the fraud concocted by the Russian government. The Magnitsky Act has specific provisions to deal with situations like this, including in relation to sanctioning those involved in corruption, or as agents of sanctioned individuals and those involved in the concealment of the liability for the fate of Sergei Magnitsky, including through the making of false accounts about the fraudulent tax scheme he had uncovered. We request that you review the aforementioned three Swiss individuals for sanctions under the Magnitsky Act in relation to the corrupt gross misconduct and abetting persons sanctioned by the United States. Sincerely, ### Click the PDF icon above for the full letter.

Wednesday, July 26, 2023 10:00 a.m. to 11:30 a.m. Rayburn House Building room 2200 Streaming here: https://www.youtube.com/watch?v=_n-NyI5xjt8 Russia’s war has exposed the critical need for U.S. and international action to both save Ukraine’s children and to put in place measures for the future that will protect children, as well as vulnerable refugees around the world, from wartime atrocities and from other threats such as human trafficking. Ukraine’s children are suffering serious injury and trauma due to Russia’s genocidal war of aggression on Ukraine. Almost two-thirds of Ukraine’s children have been displaced, thousands have been injured and hundreds killed. The Ukrainian government has documented close to 20,000 cases of children forcibly taken to Russia or Russian-controlled areas of Ukraine for forced russification, a war crime under the Geneva Convention that could amount to genocide. In addition to the immediate dangers, the effects of war on children will have lasting negative consequences if not addressed. Many Ukrainian children have witnessed unimaginable violence, including the murders of their own parents or family members. At the same time, some Ukrainian women and children are facing increased vulnerability to human trafficking. Of the 8 million refugees that have fled Ukraine, 90% are women and children. There continue to be credible reports of traffickers trolling border areas, train stations, and refugee centers trying to lure refugees with promises of accommodation, onward transportation, or employment, sometimes even masquerading as volunteers providing assistance. Nevertheless, international responses, particularly along border areas, have not been sufficient. This hearing will provide testimony from top officials and experts on the ground to discuss the devastating impact of Russia’s war on Ukrainian children and women and what the United States and the international community can do to better protect these vulnerable women and children from the trauma of war and to prevent human trafficking. It will also detail a new bill taking action to address these challenges, Oleksandr’s Act, which is dedicated to the Ukrainian children who have suffered during this war. Panel 1: Beth Van Schaack, U.S. Ambassador at Large for Global Criminal Justice Cindy Dyer, U.S. Ambassador at Large to Monitor and Combat Trafficking in Persons Panel 2: Andriy Kostin, Prosecutor General of Ukraine Sebastian Stachowski, CEO of Lion Environmental, former Volunteer Coordinator for the Polish Red Cross, Subcarpathian Region Mykola Kuleba, Director, Save Ukraine and former Presidential Commissioner for Human Rights Dr. James S. Gordon, M.D., The Center for Mind-Body Medicine   Other witnesses may be added.

Today, Helsinki Commission Chairman Representative Joe Wilson (SC-02) and Ranking Member Representative Steve Cohen (TN-09) introduced the bipartisan Rebuilding Economic Prosperity and Opportunity (REPO) for Ukrainians Act in the House of Representatives, alongside Rep. Michael McCaul (TX-10), Rep. Thomas Kean Jr. (NJ-21), Rep. Mike Quigley (IL-05), Rep. Brian Fitzpatrick (PA-01), and Rep. Marcy Kaptur (OH-09). The legislation has also been introduced in the Senate by Commissioner Senator Sheldon Whitehouse (RI) and Senator Jim Risch (ID). The bill authorizes the administration to confiscate Russian assets in the United States for Ukrainian reconstruction and calls on international allies to create a confiscation mechanism for assets stored in other countries.   “Russia will foot the bill for its brutal war in Ukraine. We will use war criminal Putin’s own money to rebuild what he has ripped away from the Ukrainian people. It is common sense that Putin be the one to rebuild what he has destroyed,” said Chairman Joe Wilson.   “Russia must be held accountable for its brutal and unprovoked war. This legislation will ensure that every cent of Russian money in western systems is made available to the Ukrainian people to remedy the horrific acts that Russia has inflicted upon them. It is a matter of basic justice that the perpetrator pays for their crimes,” said Ranking Member Steve Cohen.  [View the legislation text by clicking the PDF icon above]

WASHINGTON—From May 1st to May 7th, Helsinki Commission Chairman Rep. Joe Wilson (SC-02) led a bipartisan U.S. delegation to Germany, Poland, and Ukraine to coordinate support for Ukraine and examine current wartime challenges. The delegation consulted with high-ranking government officials and civil society actors regarding ongoing military and humanitarian responses to the Russian invasion. Chairman Wilson was joined on the delegation by Helsinki Commission Ranking Member Rep. Steve Cohen (TN-09) and Commissioner Victoria Spartz (IN-05). “Friends of democracy are inspired by courageous Ukrainians capably supported by our appreciated western allies, like Germany and Poland, in the global competition between democracies with rule of law opposing authoritarians with rule of gun. “Ukraine must win this war against Russia’s brutal aggression — there is no alternative. Ukraine must be restored to its internationally recognized 1991 borders and integrated into NATO and other Euro-Atlantic institutions. The United States must work with its allies and partners to ensure that the leaders of the Russian Federation are held accountable. “Despite promises after World War II of ‘never again,’ today, in 2023, Russia is committing the very crimes that the International Military Tribunal in Nuremberg was created to address: the crime of aggression, war crimes, and crimes against humanity. As in Nuremberg, we must bring to justice the perpetrators of the genocide being carried out in Ukraine – including war criminal Putin himself,” said Chairman Wilson and Ranking Member Cohen. In Germany, the delegation met with high-level defense and foreign affairs officials to discuss Germany’s partnership in ensuring Ukrainian victory. In Berlin, the Commissioners met with National Security Advisor Jens Ploetner, Ministry of Foreign Affairs State Secretary Andreas Michaelis, and Ministry of Justice State Secretary Dr. Angelika Schlunck who provided assurances of sustained support for Ukraine. In a visit to the Nuremburg Palace of Justice, site of the Nuremberg trials, the delegation drew obvious parallels to accountability for Russia’s criminal aggression against Ukraine. After visiting Nuremberg, Lieutenant General Andrew Rohling welcomed the delegation to the 7th Army Grafenwoehr Training Area where Ukrainian troops are being trained. In Ukraine, the delegation visited Bucha and Kyiv joined by U.S. Ambassador to the Organization for Security and Cooperation Michael Carpenter and U.S. Ambassador to Ukraine Bridget Brink. In Bucha, survivors testified to mass murder of civilians by Russian soldiers and the delegation paid homage to the victims. In Kyiv, the delegation met with Ukrainian children who had been taken to Russia and Russian-controlled areas of Ukraine as part of a Russian effort to erase their identity and forcibly assimilate them. Defense Minister Oleksii Reznikov highlighted Ukraine’s military needs and mechanisms of accountability for international assistance. The delegation met with President Volodymyr Zelenskyy who expressed the urgent need for F-16 fighter aircraft to defend his people and keep open sea-lanes for Ukrainian wheat vital to feeding Europe, Africa, and the world. President Zelenskyy expressed his deep gratitude to the United States for supporting Ukraine’s fight for freedom. In Poland, the delegation visited Rzeszów where Colonel Matt Braman and Colonel Kendall Clark briefed on the activities of the 10th Mountain Division. The delegation also met with the Polish border service and non-governmental organizations working near the border to prevent Ukrainian refugees from falling victim to human traffickers. Warsaw was the concluding stop for consultations with U.S. Ambassador Mark Brzezinski, Polish Deputy Foreign Minister Arkadiusz Mularczyk and OSCE Office for Democratic Institutions and Human Rights Director Matteo Mecacci. The delegation thanked Poland for supporting Ukraine and welcoming millions of Ukrainians who have fled Russian terror.

Today, Helsinki Commission Ranking Member Rep. Steve Cohen (TN-09), Chairman Rep. Joe Wilson (SC-02), Commissioners Rep. Marc Veasey (TX-33), Rep. Richard Hudson (NC-09), Rep. Emmanuel Cleaver (MO-05) along with Reps. Sheila Jackson Lee (TX-18), Lloyd Doggett (TX-37), Bill Keating (MA-09), Maria Elvira Salazar (FL-27), Marcy Kaptur (OH-09), Mike Quigley (IL-05), Bill Pascrell (NJ-09), André Carson (IN-07), Brendan Boyle (PA-02), introduced a resolution condemning Russian actions in Ukraine as a genocide under applicable international laws in the 118th Congress.   The resolution was also re-introduced in the U.S. Senate on February 16th by Helsinki Commission Co-Chair Senator Ben Cardin (MD) and Senator Jim Risch (ID). Commissioners Sen. Jeanne Shaheen (NH), Sen. Thom Tillis (NC), Sen. Richard Blumenthal (CT) as well as Senators Lindsey Graham (SC), Michael Crapo (ID), Tim Kaine (VA), Rick Scott (FL), Amy Klobuchar (MN), Shelley Moore Capito (WV), Joe Manchin (WV), John Barrasso (WY), Patty Murray (WA), Marco Rubio (FL), and Todd Young (IN) joined Sens. Cardin and Risch as original co-sponsors.    The resolution calls on the United States, along with NATO and EU allies, to support the government of Ukraine, support tribunals and investigations on Russian war crimes, use the Global Magnitsky sanctions on those responsible, and describes the substantial and significant evidence of Russia’s systemic actions to eliminate Ukrainians. The Commission applauds this vital resolution to hold Russia accountable for their atrocities.   For more information click here. The resolution was first introduced in the 117th Congress in the House of Representatives by Helsinki Commission Ranking Member Rep. Steve Cohen and Chairman Joe Wilson, along with Commissioners Marc Veasey, Richard Hudson, and Representatives Brian Fitzpatrick and Marcy Kaptur, along with companion legislation in the Senate by Helsinki Commission Co-Chair Sen. Ben Cardin and Sen. Jim Risch. 

WASHINGTON – Today, the United States Delegation to the Parliamentary Assembly of the Organization for Security and Cooperation in Europe (OSCE PA), led by Senator Ben Cardin (MD), met with Mykyta Poturaiev, Ukraine’s Head of Delegation and additional representatives of the Ukrainian Rada in Vienna, Austria, along with the Heads of Delegation of Canada, Estonia, France, Latvia, Poland, and the United Kingdom. On the eve of the one-year anniversary of Russia’s full-scale invasion of Ukraine, the parliamentary leaders in attendance pledged their sustained and steadfast support for Ukraine to counter Russian aggression:  “We will continue to stand with Ukraine for as long as it takes to restore Ukraine’s territorial integrity and sovereignty over its 1991 borders. A year after Russia’s unprovoked full-scale invasion of Ukraine, we recommit to combining our efforts to redress this injustice and hold Russia to account for its crimes, including by seeking its suspension from the Parliamentary Assembly (PA). We further urge the PA to host annual sessions and meetings in OSCE participating States prepared to block the participation of Russia’s representatives. We will not allow Russia’s reprehensible propaganda to go unchallenged at the OSCE PA or any other international forum. The world must hold Russia accountable for its aggression and for the war crimes, crimes against humanity, and acts of genocide it is committing against the people of Ukraine. All of us are committed to the recovery and reconstruction of Ukraine and seek restitution from Russia to this end.  “To the people of Ukraine: as you suffer Russia’s attacks on your cities and fight the aggressor in the battlefield, know that you are never alone in your courageous struggle for a secure and democratic future. As missiles rain down and the lights go out, and as you mourn all those you have lost, we mourn with you and share your fight for Ukrainian victory. You have our admiration and above all, our gratitude, as we remain resolutely at your side in solidarity and partnership.”  Joining U.S. Head of DelegationSenator Ben Cardin were delegation members Helsinki Commission Chairman Rep. Joe Wilson (SC-02), Ranking Member Rep. Steve Cohen (TN-09), Commissioners Rep. Robert Aderholt (AL-04), Rep. Richard Hudson (NC-09), Rep. Marc Veasey (TX-33), and Representatives Sheila Jackson Lee (TX-18) and Lloyd Doggett (TX-37).  The Ukrainian delegation consisted of Mr. Mykyta Poturaiev, Head of Delegation; Mr. Artur Gerasymov, Deputy Head of Delegation, Mr. Pavlo Frolov, Ms. Irina Gerashchenko, Ms. Evgeniia Kravchuk, and Ms. Nataliia Pipa.  Heads of delegations present included Dr. Hedy Fry (Canada), Mr. Sven Sester (Estonia), Mr. Didier Paris (France), Mr. Rihards Kols (Latvia), Ms. Barbara Bartuś (Poland), and Sir John Whittingdale (United Kingdom). 

WASHINGTON – Helsinki Commission leadership, Chairman Rep. Joe Wilson, Co-Chairman Sen. Ben Cardin, and Rep. Steve Cohen, on February 10, sent a letter to Austrian Minister of Foreign Affairs Alexander Schallenberg to reconsider granting visas to the Russian delegation to the Winter Meeting of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, taking place in Vienna next week. The Winter Meeting will coincide with the one-year anniversary of Russia’s full-scale invasion of Ukraine, February 24th, 2022, and is set to be the first in-person gathering of the Parliamentary Assembly with Russian and Belarusian participation since the start of the war. The United States and European Union have sanctioned every member of the Russian delegation for having explicitly endorsed Vladimir Putin's war of aggression on Ukraine and his claim to have annexed vast swathes of Ukrainian territory.     Read the letter in PDF form above.