Title

The Greek Orthodox Church in Turkey: A Victim of Systematic Expropriation

Wednesday, March 16, 2005
2360 Rayburn House Office Building
Washington, DC 20515
United States
Members: 
Name: 
Hon. Chris Smith
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Statement: 
Name: 
Hon. Hillary Clinton
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
His Eminence Archbishop Demetrios
Title: 
Primate of the Greek Orthodox Church in America and Exarch of the Ecumenical Patriarch
Name: 
Cardinal Theodore E. McCarrick
Title: 
Catholic Archbishop of Washington
Name: 
Dr. Anthony Limberakis
Title: 
M.D., National Commander
Body: 
Archons of the Ecumenical Patriarchate of the Order of St. Andrew the Apostle
Name: 
Dr. Bob Edgar
Title: 
General Secretary
Body: 
National Council of Churches
Statement: 

In this briefing, Co-Chairman Smith described the issue of the status of the Orthodox Church in Turkey and condemned Turkey’s practice of property seizures; continuous impediments to land ownership and church repairs; and the denial of legal status for the Ecumenical Patriarchate as direct contradictions to Ankara’s OSCE commitments. The progress that the Government of Turkey has made in its reform program as well as the actions that should be taken in the future to support its Orthodox citizens and to bring its laws and policies into conformity with OSCE commitments was also discussed.

Witnesses providing testimony at the briefing addressed a range of topics, including the confiscation of church property and other religious liberty violations undertaken by the government. A combination of personal experience and historical evidence was used by the witnesses to illuminate these violations and present suggestions for improving religious liberty in the future.

Relevant countries: 
Leadership: 
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  • Religious Freedom Violations in the OSCE Region

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

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  • Belarus: 25 Years after Signing the Helsinki Final Act

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  • Organization Profile: Forum 18

    The Helsinki Final Act of 1975 recognizes religious freedom as a “human right and fundamental freedom.” Participating States of the OSCE “will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.” The Helsinki Commission promotes and defends the religious freedom of people in the OSCE region, particularly prioritizing the cases of individuals and communities whose religious freedom has been violated and laws and policies that conflict with the Helsinki Final Act. Forum 18 is a news organization dedicated to reporting on violations of religious freedom in several OSCE participating States, including in Central Asia and the South Caucasus; Russia; Belarus; and Turkey. Helsinki Commission Policy Advisor Nathaniel Hurd interviewed the editors of Forum 18 by email to learn more about their work and views about religious freedom in the countries they cover. 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A 2014 police list of banned books [in Azerbaijan] includes Islamic texts by theologian Said Nursi, Jehovah's Witness texts, and the Old Testament or Hebrew Bible used by Christians and Jews. Police have long confiscated these texts and others during raids on Muslim, Jehovah’s Witness, and Baptist private homes and meetings of people exercising their right to freedom of religion or belief. There are many prisoners of conscience, especially human rights defenders and journalists. On July 3, 2017 Shia Imam Sardar Babayev was jailed for three years for leading mosque prayers because he was educated abroad.” “The reality of freedom of religion and belief violations by governments in these territories and the necessity of documenting them is why we were founded,” noting that they work to protect the freedom of everyone whatever their religion or belief (including atheism and agnosticism). “Our founders and staff were and are totally convinced as a matter of Christian conviction that everyone with no exceptions – including people who would completely disagree with the Christian faith – must…be able to freely exercise the freedom of religion and belief, and related rights such as the freedoms of expression, association and assembly…Our personal experience in the territories we monitor and other states (such as the former East Germany), as well as our own convictions, make us committed to Forum 18’s work of monitoring and analyzing governments’ violations of their international human rights law obligations.” In addition to its work on Azerbaijan, Forum 18 is also focusing on Uzbekistan’s raids, fines, jailing, and torture of Muslims, Protestants, and Jehovah’s Witnesses, as well as the increasing number of prisoners of conscience being jailed in Kazakhstan for exercising freedom of religion and belief, including alleged adherents of Muslim missionary movement Tabligh Jamaat, Jehovah’s Witness Teymur Akhmedov, and Seventh-day Adventist Yklas Kabduakasov. Kazakhstan has also banned all mosques outside state control; expressions of non-Sunni Hanafi Islam; and discussion of faith by people without state permission, or not using state-approved texts, or outside state-approved locations. Kazakhstan’s persecution of atheist writer Aleksandr Kharlamov is also of concern. In Russia, Forum 18 actively monitors the government’s “anti-extremist” nationwide ban on Jehovah’s Witnesses, as well as “anti-extremist” prosecutions, fines and jailing of Muslims and Jehovah’s Witnesses, including cases like that of Muslim Yevgeny Kim, who in in June 2017 was sentenced to three years in prison. Forum 18 is also concerned about nationwide religious literature bans, with the possessors of such texts being liable to criminal prosecution. Accuracy and Objectivity Are Key “Our overriding editorial objective is to as accurately as possible present the truth of a situation, both implicitly and explicitly,” note the editors of Forum 18. “It is vitally important that we cross-check information with local people, including religious communities and other human rights defender organizations where these exist. It is equally vital that in our published articles we carry the views of local people and human rights organizations – this enables local people to make their views on human rights violations known.” “Similarly, we always seek the comments of relevant officials, such as public prosecutors, police and secret police officials, within the country being written about,” they continued. “Every article we publish includes information on all the sources used, even if some have to be described as remaining anonymous for fear of state reprisals.” According to Forum 18, the organization’s efforts have resulted in “significant respect and usage among victims of human rights violations, human rights defenders (including journalists), diplomats, intergovernmental organizations, academics and others.” “Accuracy is in itself an effective advocacy for human rights by countering with accurate information the false information presented by repressive regimes, who often seek to conceal their human rights violations,” the editors said. The Worst of the Worst? When asked which of the countries Forum 18 monitors should be considered the “worst of the worst,” the editors noted that developing such a ranking is difficult. “Territories where serious…violations take place are places where people have a strong incentive to not discuss the state’s violations, for fear of state reprisals, making any reliable ranking of territories difficult,” they observed. “Because in all the territories Forum 18 monitors governments violate individuals’, informal groups’, and communities’ freedom of religion and belief apparently as part of a declared or undeclared policies of increasing state control of society – even in states such as Georgia in the south Caucasus – we think it is best for readers to judge for themselves which countries are the worst violators of freedom of religion or belief at any one time,” the editors added. Similarly, Forum 18 finds it difficult to rank the individual cases monitored by the organization. “In our view, each one of these cases where a government has violated an individual’s or group’s freedom of religion and belief can fairly be described as compelling. We think this view is reinforced by the individual cases being part of a much broader pattern of intentional, systemic government violations of the human rights of everyone they rule.” One case Forum 18 has followed close is that of Protestant Pastor Bakhrom Kholmatov in Tajikistan, who was jailed for three years for allegedly “singing extremist songs in church and so inciting ‘religious hatred.’” The regime has threatened family members, friends, and church members with reprisals if they reveal any details of the case, trial, or jailing. Cooperation is Key Cooperation is vital to the Forum 18 approach. “Cooperation in defense of human rights for all is both right in principle and more effective than competition,” the Forum 18 editors argue. “It is important to cooperate with others – including in our case providing accurate information – to help responses to violations of freedom of religion and belief and interlinked other fundamental freedoms to be as effective as possible. Our work with victims of freedom of religion and belief violations and other human rights defenders convinces us that this approach is the right one to follow.” Twitter: @Forum_18 Facebook: @Forum18NewsService

  • Helsinki Commission Urges Turkish President to Lift State of Emergency

    WASHINGTON—In a letter to Turkish President Recep Tayyip Erdoğan yesterday, the four senior members of the Helsinki Commission – Chairman Sen. Roger Wicker (MS), Co-Chairman Rep. Chris Smith (NJ-04), Ranking Commissioner Sen. Ben Cardin (MD), and Ranking Commissioner Rep. Alcee Hastings (FL-20) – urged him to lift the state of emergency that has been in place in Turkey since July 2016 and immediately restore Turkey’s commitment to international standards of due process and judicial independence. The bipartisan letter, which came just hours after President Erdoğan announced a fifth three-month extension of the country’s state of emergency, was also signed by Helsinki Commissioners Sen. Marco Rubio (FL), Sen. Thom Tillis (NC), Rep. Roger Aderholt (AL-04), Rep. Randy Hultgren (IL-14), Rep. Gwen Moore (WI-04), and Rep. Sheila Jackson Lee (TX-18). It reads in part: “We are concerned about your government’s continued actions to undermine human rights and democratic principles in Turkey. The prolonged state of emergency is gravely undermining Turkey’s democratic institutions and the durability of our countries’ longstanding strategic partnership, including more than half a century as NATO allies. Last year, the Turkish people defeated a violent and illegal challenge to their democratic institutions; today, the 15-month-old state of emergency poses a different threat to these same institutions, particularly the judiciary. By facilitating sweeping purges with no evidentiary standards, the state of emergency has upended countless innocent lives and undercuts domestic and international confidence in Turkey’s rule of law… “As a member of the Council of Europe and participating State of the Organization for Security and Cooperation in Europe (OSCE), your country officially recognizes the rule of law as a cornerstone of democratic governance. Restoring respect for fair judicial treatment would remove a persistent distraction in our bilateral relationship and help to rebuild a principles-based partnership rooted in shared commitments to collective security, democracy, human rights, and the rule of law.” The letter highlighted the cases of American citizens Andrew Brunson, a pastor, and Serkan Gölge, a NASA scientist, both of whom were arrested in Turkey following the coup attempt. As of mid-2017, at least seven additional American citizens were jailed in Turkey. The letter also noted the cases of two detained Turkish employees of the U.S. consulates in Turkey as well as a group of Turkish and international activists—known as the Istanbul 10—who were arrested this summer while holding a routine human rights defenders workshop in Istanbul. The full text of the letter can be found below: Dear President Erdoğan, We are concerned about your government’s continued actions to undermine human rights and democratic principles in Turkey. The prolonged state of emergency is gravely undermining Turkey’s democratic institutions and the durability of our countries’ longstanding strategic partnership, including more than half a century as NATO allies. Last year, the Turkish people defeated a violent and illegal challenge to their democratic institutions; today, the 15-month-old state of emergency poses a different threat to these same institutions, particularly the judiciary. By facilitating sweeping purges with no evidentiary standards, the state of emergency has upended countless innocent lives and undercuts domestic and international confidence in Turkey’s rule of law. In February, many of us joined over 70 of our colleagues from the U.S. Senate and House of Representatives to appeal to you for the immediate release of American pastor Andrew Brunson, who has been held without trial for a year on baseless terrorism charges. We continue to be dismayed by your government’s unwillingness to heed our calls for his release and the recent imposition of four additional charges on Mr. Brunson for allegedly conspiring to overthrow your government. These allegations are preposterous. We urge you to recognize them as such, drop all charges against Mr. Brunson, and release him. Since the failed coup attempt, Turkish authorities have arrested a number of American dual citizens and two long-time Turkish employees at U.S. consulates on terrorism charges. Some of these individuals—including American citizen and NASA scientist Serkan Gölge—have been in jail for more than a year despite the prosecution’s ability to present only circumstantial evidence against them. Our citizens have also been denied the courtesy of U.S. consular assistance that would help them and their families cope with these difficult and confusing circumstances. It is clear that terrorism charges under the state of emergency are also being manipulated to suppress the activism of a group of human rights defenders arrested in early July. Authorities seized a group of ten Turkish and international activists holding a routine human rights defenders workshop in Istanbul. The group of activists, which has come to be known as the Istanbul 10 and includes Amnesty International’s Turkey Director, Ms. İdil Eser, is charged with “committing crime in the name of a terrorist organization without being a member.” A month earlier, Amnesty International’s Turkey Board Chair, Mr. Taner Kılıç, was arrested on charges of being a member of an alleged terrorist organization. Ms. Eser, Mr. Kılıç, and many of their colleagues remain in pre-trial detention. We urge you to ensure the timely, transparent, and fair adjudication of the aforementioned cases, lift the state of emergency and immediately restore Turkey’s commitment to international standards of due process and judicial independence. As a member of the Council of Europe and participating State of the Organization for Security and Cooperation in Europe (OSCE), your country officially recognizes the rule of law as a cornerstone of democratic governance. Restoring respect for fair judicial treatment would remove a persistent distraction in our bilateral relationship and help to rebuild a principles-based partnership rooted in shared commitments to collective security, democracy, human rights, and the rule of law. Thank you for your attention to this important matter. Sincerely, 

  • Refugee Crisis in Europe and Turkey

    Since 2015, more than 2 million people have traveled north across the Mediterranean Sea, seeking refuge from wars, political repression, famine, and climates of economic and social hopelessness. In 2017 alone, more than 133,000 refugees and migrants have arrived on European shores. At least 11,309 people died or went missing on this perilous sea route since the start of the crisis, including more than 2,655 this year. Using overland routes, more than 3 million registered refugees have reached Turkey, fleeing the Syrian civil war and other desperate circumstances from points further east. These massive flows of humanity bear with them significant humanitarian, economic, political, and security implications. Such large population movements also leave thousands of people vulnerable to exploitation by human traffickers and other predators. The briefing brought together experts from the United Nations and international NGOs to assess the current humanitarian situation facing these refugees and the root causes of their flight. Speakers addressed the response of international organizations, receiving national governments, and civil society. These practitioners and experts also contributed their recommendations for action from domestic and international actors at all levels, including the United States. Mr. Reynolds provided a brief overview of the UNHCR and its response to the current crisis and urged support for all countries receiving and hosting those forcibly displaced. He called for renewed efforts to address root causes and find solutions and protection for refugees before they embark on the perilous journey by sea, where the risk of dying is one in thirty-nine. Additionally, he said that traditional humanitarian responses need to adjust to the problem of forced displacement and pursue greater engagement in stopping root causes so that voluntary repatriation becomes the norm. Mr. Reynolds concluded by saying, “We stand at a unique juncture, and this opportunity must not be lost.” Mr. Dall’Oglio focused on the need to establish long-term solutions to the crisis. Because many of the migrants traveling across the Mediterranean are coming from East Africa for a variety of social, economic, and political factors, these flows are expected to last for a much longer period of time. Mr. Dall’Oglio said that problems in the region require a comprehensive approach between source countries and destination states to improve the situation for migrants on both sides and to expand legal resettlement options for those seeking protection. He also called for more resources for navies and coast guards to rescue refugees and migrants at sea. Speaking from Copenhagen, Mr. Hyldgaard emphasized the impact of the crisis as it relates to human trafficking and provided a personal account of the current refugee situation. He also laid out A21’s three-prong approach, which is to reach, rescue, and respond. While A21 is not a humanitarian organization, it recognizes that refugees are highly vulnerable for human trafficking and has worked to counter human trafficking on multiple fronts, stepping in immediately to provide substantive relief, but with a long-term focus on providing anti-trafficking information and training for refugees and workers. Ms. Gerschutz-Bell highlighted Pope Francis’ movement with “Share the Journey, saying that the refugee crisis is a crisis of solidarity and expressing the hope that fostering a culture of solidarity will change the environment into which migrants are thrust. On a policy level, Ms. Gerschutz-Bell urged greater responsibility sharing among European states, calling attention to the current failures of the Dublin System and stressing the need for safe channels into Europe along with better implementation of resettlement processes. She then appealed to civil society as a whole to speak up when governments fail to fulfill their agreements, saying, “It’s not enough for someone to have courage; we need to do something about it.”

  • Helsinki Commission Briefing to Focus on Refugee Crisis

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “REFUGEE CRISIS IN EUROPE AND TURKEY: CURRENT CHALLENGES AND RESPONSES” Tuesday, October 10, 2017 2:00 PM Russell Senate Office Building Room 188 Live Webcast: www.facebook.com/HelsinkiCommission Since 2015, more than 2 million people have traveled north across the Mediterranean Sea, seeking refuge from wars, political repression, famine, and climates of economic and social hopelessness. In 2017 alone, more than 133,000 refugees and migrants have arrived on European shores. At least 11,309 people died or went missing on this perilous sea route since the start of the crisis, including more than 2,655 this year. Using overland routes, more than 3 million registered refugees have reached Turkey, fleeing the Syrian civil war and other desperate circumstances from points further east. These massive flows of humanity bear with them significant humanitarian, economic, political, and security implications. Such large population movements also leave thousands of people vulnerable to exploitation by human traffickers and other predators. The briefing brings together international experts and NGO representatives to assess the current humanitarian situation facing these refugees and the root causes of their flight. Speakers will address the response of international organizations, receiving national governments, and civil society. These practitioners and experts will also contribute their recommendations for action from domestic and international actors at all levels, including the United States. The following experts are scheduled to participate: Matthew Reynolds, Regional Representative for the United States and the Caribbean, United Nations High Commission for Refugees Luca Dall'Oglio, Chief of Mission, International Organization for Migration (Washington, DC office) Philip Hyldgaard, Executive Director, A21 Campaign Jill Marie Gerschutz-Bell, Senior Policy and Legislative Specialist, Catholic Relief Services and on behalf of Caritas Europa  

  • Human Rights and Democracy in Russia

    From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. The Russian Federation has adopted, by consensus, OSCE commitments relating to human rights and fundamental freedoms, free and fair elections, the rule of law, and independence of the judiciary. However, in many areas the Russian government is failing to live up to its commitments. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law, Scott Rauland, Senior State Department Advisor, and Michael Newton, Intern

  • American Scientist Suffers Under Turkey’s Faltering Rule of Law

    By Everett Price, Policy Advisor From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. This feature article on Turkey coincides with the September 19 session of HDIM 2017, which focuses on whether OSCE participating States are implementing their commitments related to rule of law. On September 11, the first day of the meeting, the Turkish delegation walked out to protest that an NGO it alleged has ties with the Gulen movement was allowed to register for HDIM. A NASA scientist based in Houston, Texas has spent the last 14 months in a Turkish prison, caught in the same dragnet that has ensnared tens of thousands of Turkish nationals since the failed coup attempt that played out in Turkey during the night of July 15, 2016. The scale of the Turkish government’s crackdown since that chaotic night is difficult to comprehend, but this scientist’s story illustrates the kind of ordinary lives that the sweeping purges upended with only the slimmest of justifications. A 37-year old dual citizen of the United States and Turkey, Serkan Golge is married to Kubra, also a dual US-Turkish national. The couple has two young sons, aged eight and one.  They have lived in a two-story home in a quiet suburb of Houston since 2013, when Serkan landed a contract as a senior research scientist at NASA’s Johnson Space Center, focusing on the effects of solar radiation on the astronauts aboard the International Space Station. Serkan’s mind, once immersed in scientific observation and the boundless expanse of outer space, is now mostly trapped in the contemplation of his small prison cell and the national political drama that landed him there. For the past 14 months, he has been detained in Iskenderun prison on the Mediterranean coast of southeastern Turkey, 25 miles from the Syrian border—he has spent the last 12 months in solitary confinement, allowed outside his cell just one hour every day. *** On the morning of July 23, eight days after the failed coup, Serkan and his family were wrapping up a month-long stay with his parents in Antakya, Turkey. The surreal night of the coup attempt, including pitched street battles between rebel military units and civilians in Istanbul and Ankara, had seemed a world away to the Golges on vacation in Turkey’s southern Hatay province. But as Serkan and his family were loading up a car to go to the airport to begin their return trip to Houston, the coup’s aftermath arrived at their doorstep. Plainclothes state security officials approached Serkan as he emerged from the house and detained him on suspicion of membership in the so-called “Fethullah Terrorist Organization” (FETO) that the Turkish government has accused of plotting the overthrow attempt. “FETO” is the pejorative term coined by the Turkish government for a major social and religious movement in Turkey led by the Islamic cleric Fethullah Gulen who has lived in self-imposed exile in Pennsylvania since 1999. Once a political ally of President Recep Tayyip Erdoğan’s conservative Justice and Development Party (AKP), the Gulen movement fell out with AKP officials in recent years as the movement asserted its independence in various state organs, particularly the courts. President Erdoğan perceived the Gulen movement as a threat and started to purge its allies in state ministries, followed by the private sector. It was no surprise to most observers when Erdoğan declared “FETO” responsible for the coup and moved to eviscerate every last remnant of the group in Turkish institutions, whether in the public sector, business, media, civil society, or education.  Serkan is currently on trial and faces up to 15 years in jail if convicted of belonging to “FETO.” Yet the evidence that ostensibly links him to the organization, establishing his complicity in the coup and justifying his prolonged detention, is astonishingly thin. A distant disgruntled relative appears to have denounced Serkan to authorities to settle an old score relating to an inheritance dispute. Based on the relative’s statements, authorities arrested Serkan and raided his parents’ home where they seized upon a single one-dollar bill as evidence. Turkish authorities claim that Fethullah Gulen gave blessed American dollar bills to his followers; thus, national security trials around the country have scrutinized countless dollar bills in their deliberations. His relative further testified to his suspicion that Serkan worked for the CIA. When questioned about this at trial, the relative acknowledged that his claim was based solely on the fact that Serkan lived in the United States. Authorities have also questioned Serkan about his college degree from a major Gulen-affiliated university that the government closed in 2016. He reminded authorities that he attended the university on a government-funded scholarship—a reminder of the ruling party’s formerly cozy relationship with the organization it now denounces as public enemy number one. A dollar bill, a U.S. passport, and a college degree: this is the evidence that has landed an American citizen in solitary confinement for a year in Turkey. *** Serkan’s experience reflects the plight of the tens of thousands of people arrested, imprisoned, or fired from their jobs for suspicion of involvement in the attempted coup. The state of emergency decrees that paved the way for these massive purges did not specify the criteria for detention and dismissal. As a result, baseless assertions about an individual’s suspected links to “FETO” have caused people to lose their jobs, be stripped of their professional licenses, or thrown in jail without even the most minimal due process. In all, the government has detained more than 110,000 people, of whom 50,000 are under arrest. These detentions have swelled Turkey’s prison population and prompted the government last year to release 38,000 inmates just to make room for the influx. Reliable information is not available for the number of ongoing trials or convictions but last month the government issued a decree extending the maximum pre-trial detention period from five to seven years, underscoring how prolonged detention without conviction can serve as punishment itself. Of the 140,000 people who lost their jobs, so far 30,000 have been allowed to return to work. Meanwhile, 80,000 people who lost jobs have appealed their cases to a temporary State of Emergency Procedures Investigation Commission established by Ankara in July 2017. The case load created by the purges would strain the judicial system under normal circumstances, but the situation faced by the Turkish judiciary today is anything but normal.  Prior to the coup attempt, President Erdogan had already embarked on a campaign to extend his influence over the judicial branch and promote party loyalists within its ranks. In the coup’s aftermath, this campaign kicked into high gear. Since July 2016, President Erdogan dismissed more than 4,200 judges and prosecutors—approximately a quarter of the total—on suspicion of subversive loyalties.  Of the 900 new judges recruited as replacements in April, opposition leaders claim 800 have ties to the ruling party.  The independence of the Turkish judiciary further eroded in April 2017 when a controversial nationwide referendum narrowly approved constitutional changes that increased the President’s influence over the Council of Judges and Prosecutors (CJP). The powerful CJP “oversees the appointment, promotion, transfer, disciplining, and dismissal” of judges. Under the newly enacted constitutional amendments, the President now appoints nearly half of the CJP and the Turkish parliament appoints the rest, easily giving the ruling party a majority on the council.  Straining under the weight of an overwhelming case load and immense political pressure, Turkey’s judiciary appears to lack the capacity and capability to deliver timely and credible justice for Serkan Golge and thousands like him. *** Back in Houston, the Golges’ house is now on the market. Kubra has opted to remain in Turkey, living with her in-laws in Antakya; she fears that even if the government let her and her sons out of the country it might not let them back in.  She covered the mortgage from abroad for the past year, but the mounting financial pressure was unsustainable. Her eldest son should have begun second grade this month at his local public school in Houston. He says he misses his old room, his books and toys. She is able to visit Serkan once a week where she and the children can speak to him by phone through a glass pane. Once every two months, they can meet in person and embrace, always under the watchful gaze of prison guards. Serkan’s next trial date is set for October 13th. For now, the Golge’s homecoming in Houston is postponed indefinitely: every new hearing brings with it the hope of acquittal and the dread of an unjustified conviction.  In May, the Helsinki Commission’s leadership, joined by the co-chairmen of the Tom Lantos Human Rights Commission, sent a letter to President Trump urging him to raise Serkan’s case, among others, with President Erdogan during the latter’s official visit to Washington. The letter highlighted the cases of other American prisoners and a detained veteran Turkish employee of the U.S. Consulate in Adana accused of supporting a Kurdish terrorist organization. The letter further encouraged the President to seek consular access for U.S. diplomats to detained Americans in Turkey—a courtesy the government has so far denied them. The Commission will continue to highlight these and other cases in Turkey and urge Ankara to uphold its commitments as a participating State of the OSCE to human rights, democratic principles, and the rule of law.

  • Religious Freedom in Kazakhstan: The Case of Teymur Akhmedov

    By Nathaniel Hurd, Policy Advisor The case of Teymur Akhmedov, a 61-year-old Jehovah’s Witness in Kazakhstan, illustrates the life-threatening consequences that can result from attacks on religious freedom. Restrictions on Religious Freedom in Kazakhstan Becoming an OSCE participating State includes the voluntary accession to all OSCE commitments, including those related to freedom of religion. From the founding Helsinki Final Act of 1975, the language is clear: “The participating States will respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion… the participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.” Yet of the 10 countries currently designated by the U.S. State Department as “Countries of Particular Concern” with regard to religious freedom, three of them – Tajikistan, Turkmenistan, Uzbekistan – are in the OSCE region. Since the International Religious Freedom Act of 1998 requirements came into effect, the U.S. Secretary of State has annually reviewed and reported annually on the status of religious freedom in foreign countries. When there is evidence the government of that country has “engaged in or tolerated particularly severe violations of religious freedom in that country,” the Secretary is supposed to designate the country as a CPC. Although Kazakhstan has not been designated as a CPC and its constitution includes provisions providing for religious freedom, in its International Religious Freedom Report for 2016, the State Department reported “the government continued to arrest, detain, and imprison members of religious groups, criminalize speech ‘inciting religious discord,’ question congregation members about their choice of faith, punish individuals for ‘illegal missionary activity,’ and label ‘nontraditional’ religious groups as ‘destructive sects’ in the media.” This has led the U.S. Commission for International Religious Freedom (USCIRF) to classify Kazakhstan as one of three OSCE participating States – along with Azerbaijan and Turkey – on its “Tier 2” list, which identifies countries where religious freedom violations do not meet the criteria for the State Department’s CPC designation, but that still need ongoing scrutiny. Kazakhstan has been on the Tier 2 list every year since 2013. USCIRF notes in its 2017 annual report, “The country’s restrictive 2011 religion law bans unregistered religious activity and is enforced through police raids, detentions, fines, and the closing of religious institutions. Increasingly, terrorism and religious extremism laws with multiyear prison sentences are deployed against religious nonconformity and political opposition, blurring the line between violent extremism and peaceful dissent.” The Case of Teymur Akhmedov A retired bus driver, Jehovah’s Witness Teymur Akhmedov is a married father of three. In 2016, he was approached by several men who identified themselves as students who were interested in the teachings of Jehovah’s Witnesses. They invited Akhmedov to an apartment to discuss his faith and later visited his home. Acting on behalf of the National Security Committee (a Kazakh intelligence agency), the men secretly recorded their discussions. In January 2017, Akhmedov was arrested and charged with violating Kazakhstan’s Criminal Code (Article 174) regarding “inciting religious hatred.” The presiding judge concurred with the charges and also accused Akhmedov of “inciting religious discord” and promoting the “propaganda of exclusivity, superiority of citizens on grounds of their religion.” He sentenced Akhmedov to five years in a labor camp and banned him from “ideological religious activity.” His appeal was denied in June 2017. Since his pre-trial detention began in January, authorities have denied Akhmedov access to cancer treatments at a hospital. He also says he has been tortured in detention. His family and his fellow Jehovah’s Witnesses are concerned that his health will rapidly deteriorate. Jehovah’s Witnesses have asked for him to be immediately released and for the Kazakh government to stop using the Criminal Code and legislation to violate religious freedom in the name of combating extremism. Jehovah's Witnesses in Kazakhstan There are 18,000 Jehovah’s Witnesses in Kazakhstan, more than in any other central Asian country. Over the years, the Kazakh government has fined more than 60 Jehovah’s Witnesses for engaging in missionary activities without registration. In May 2017, a government inspection of Jehovah’s Witnesses headquarters in Almaty alleged non-compliance with Kazakh law regarding requirements for the number of security cameras at public venues, although the government had approved – and Jehovah’s Witnesses had implemented – a camera plan for the headquarters earlier that year. In June, a judge suspended all activities at the headquarters and imposed fines. At an appeals hearing on August 3, the judge amended the sentence, ordering Jehovah’s Witnesses to refrain from holding religious meetings in the headquarters, but permitting all other activities at the headquarters to continue. This has forced 14 congregations to meet elsewhere.  

  • Criminal Defamation and "Insult" Laws in the OSCE Region

    From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. Numerous international documents, including those adopted by the Organization on Security and Cooperation in Europe (OSCE), establish freedom of expression as a fundamental right. However, the right to free speech is not absolute. Consistent with international law, certain kinds of speech, such as obscenity, may be prohibited or regulated. When governments do restrict speech, those restrictions must be consistent with their international obligations and commitments; for example, the restrictions must be necessary in a democratic country and proscribed by law. Criminal defamation and "insult" laws are often defended as necessary to prevent alleged abuses of freedom of expression, but they are not consistent with OSCE norms and their use constitutes an infringement on the fundamental right to free speech. Despite this, criminal defamation and insult laws continue to be abused for political purposes in several OSCE participating States. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law, and Jordan Warlick, Office Director

  • The 2017 Human Dimension Implementation Meeting: An Overview

    Each year,1 the OSCE Office for Democratic Institutions and Human Rights (ODIHR) organizes the Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress.  The 2017 HDIM will be held from September 11 to September 22. Human Dimension Implementation Meeting 2017 The HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma.  Each year, three special topics are selected for a full-day review.  2017 special topics will be 1) ensuring “equal enjoyment of rates and participation in political and public life,” 2) “tolerance and nondiscrimination,” and 3) “economic, social and cultural rights as an answer to rising inequalities.”  This year’s meeting will take place at the Warsaw National Stadium (PGE Narodowy), the site of the NATO summit earlier this year. The meeting will be webcast live. Background on the Human Dimension Implementation Meeting When the Helsinki Final Act was signed in Finland in 1975, it enshrined among its ten Principles Guiding Relations between Participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the Final Act included a section on cooperation regarding humanitarian concerns, including transnational human contacts, information, culture and education. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as trafficking in human beings and refugees), and concerns relating to tolerance and nondiscrimination (e.g., countering anti-Semitism and racism). One of the innovations of the Helsinki Final Act was agreement to review the implementation of agreed commitments while considering the negotiation of new ones. Between 1975 and 1992, implementation review took place in the context of periodic “Follow-up Meetings” as well as smaller specialized meetings focused on specific subjects. The OSCE participating States established permanent institutions in the early 1990s. In 1992, they agreed to hold periodic Human Dimension Implementation Meetings” to foster compliance with agreed-upon principles on democracy and human rights. Additional changes to the modalities for the HDIM were agreed in 1998, 2001, and 2002, which included shortening the meeting from three weeks to two weeks, and adding three “Supplementary Human Dimension Meetings” annually on subjects selected by the Chairmanship-in-Office on particularly timely or time-sensitive issues. One of the most notable features of the HDIM is the strong participation of non-governmental organizations. The United States has been a strong advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE modalities allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. 1 In exceptional years when the OSCE participating States hold a summit of heads of state or government, the annual review of human dimension commitments is included as part of the Review Conference which precedes the summit, and also includes a review of the political-military and economic/environmental dimensions.

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