Title

Guantanamo: Implications for U.S. Human Rights Leadership

Thursday, June 21, 2007
2325 Rayburn House Office Building
Washington, DC 20515
United States
Official Transcript: 
Members: 
Name: 
Hon. Alcee Hastings
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Ben Cardin
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Steny Hoyer
Title Text: 
Majority Leader
Body: 
U.S. House of Representatives
Witnesses: 
Name: 
John B. Bellinger III
Title: 
Legal Adviser
Body: 
Department of State
Name: 
Anne-Marie Lizin
Title: 
President of the Belgian Senate and the OSCE Parliamentary Assembly
Body: 
Special Representative on Guantanamo
Name: 
Tom Malinowski
Title: 
Advocacy Director
Body: 
Human Rights Watch
Name: 
Gabor Rona
Title: 
International Legal Director
Body: 
Human Rights First

The hearing is entitled “Guantanamo: Implications for U.S. Human Rights Leadership” will focus on the international perspective of Guantanamo, particularly in the 56 participating States of the Organization for Security and Cooperation in Europe (OSCE) and implications for U.S. leadership on human rights issues.

 The detention facility at the U.S. Naval Bases at Guantanamo Bay, Cuba, was opened in January 2002 and, it currently holds around 385 detainees. The facility has come under fire from human rights organizations and others for the alleged mistreatment of detainees and the legal framework according to which they have been held.

Relevant countries: 
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  • Democracy in Central & Eastern Europe

    On July 26, 2017, the U.S. Helsinki Commission held a briefing on “Democracy in Central and Eastern Europe: Renewing the Promise of Democratic Transitions.” This briefing followed a series of roundtable discussions and other events earlier in the year relating to this region, demonstrating the Helsinki Commission’s interest in Central and Eastern Europe. Erika Schlager, Counsel for International Law for the U.S. Helsinki Commission, welcomed panelists Andrew Wilson, the Managing Director of the Center for International Private Enterprise (CIPE); Peter Goliaš, Director of the Institute for Economic and Social Reforms in Slovakia; András Lőke, Chair of Transparency International in Hungary; and Marek Tatała, Vice-President of the Civil Development Forum in Poland. Jan Surotchak, Regional Director for Europe at the International Republican Institute (IRI), and Jonathan Katz, Senior Resident Fellow at the German Marshall Fund of the United States (GMF) added Washington policy perspectives. The discussion was moderated by Martina Hrvolova, Central Europe and the Balkans Program Officer at CIPE. The panelists provided a background on democracy in the regional context, as well as on the specific case studies of Slovakia, Hungary and Poland. Andrew Wilson observed that new democracies of Central and Eastern Europe face serious stresses that raise questions about the resilience of their democratic transitions and threaten to undo the remarkable progress the countries made during the last three decades. He argued that the problems in the region do not stem from the failure of democracy, but rather a failure to more actively pursue its consolidation. Peter Goliaš offered a brief overview of the current state of democracy in Slovakia. He described the findings of a recent public opinion poll that paint a very bleak picture of how Slovakians see the current state of democracy in their country. He argued that a main reason for people’s dissatisfaction with democracy has been the perception that politicians do not work in the public’s interest, but in the interest of the oligarchs. He projected that current political trends will lead to the continued slow deterioration of Slovak democracy. To stop this deterioration, Goliaš proposed several short- and long-term measures that he believes would strengthen the rule of law and civil society in Slovakia. András Lőke cited the reports of several influential NGOs to describe the current state of Hungarian democracy. While both Freedom House and Transparency International still give moderate scores to Hungary on the level of freedom and corruption, Hungary is trending downward on every indicator that were examined. Lőke argued that the most telling figures were found in the World Economic Forum’s Global Competitiveness Report, which ranked Hungary very poorly based on an assessment of the rule of law and the level of corruption. After identifying the challenges facing Hungary today, Lőke outlined a list of solutions to these problems that would ultimately enable civil society to reassert its role in maintaining transparency and accountability in governance, and generally increase the crucial engagement of civil society in public affairs. Marek Tatała assessed the state of democracy in Poland, arguing that while the country remains a democracy, its current political leadership is weakening rather than strengthening its democratic development. Tatała observed that laws on the constitutional tribunal and on the organization of courts, and the rapid nature of the legislative process, have been harmful to the rule of law in Poland. He underlined the need for a higher level of engagement of the business community in public affairs, and a better quality of education that is more focused on civic engagement and economic literacy. Following up on the three country case studies, Jan Surotchak presented the findings of a recent poll conducted as part of IRI’s Beacon Project. The findings revealed a number of disturbing trends in Central and Eastern Europe, including waning support for core transatlantic institutions; tensions over the nature of European identity; and a deep discontent with socioeconomic challenges in the region. Most importantly, the study confirmed that there is a strong correlation between socioeconomic disparities in these countries and their vulnerabilities to Russian influence. Finally, Jonathan Katz emphasized the need to increase the United States’ bilateral and joint diplomatic engagement and development assistance efforts in the region to support continued democratic and economic transition. More specifically, Katz presented four core strategies that he argues are needed, which included the establishment of joint US-EU mechanisms to strengthen development cooperation and coordination in the entire OSCE region. The panelists agreed that any external development assistance should primarily support the work of civil society in Central and Eastern Europe, with a special focus on communication campaigns. Particular emphasis should be given to the improvement of the education system with a focus on promoting discussions with students. Marek Tatała also argued that given the fairly strong ties of these countries’ leaders with the United States, a stronger voice from the current US Administration regarding negative developments in Slovakia, Hungary, and Poland would be also welcome and effective. With regard to action from Congress, panelists argued that resources for development assistance could come in the form of a congressional authorization bill. Panelists also noted that to be effective, any external development fund that targets NGOs or the civil society must be monitored by donors to avoid corruption. Panelists observed that the Congress could play a particularly important role in providing oversight of such assistance programs and making sure that their spending follow very strict guidelines.

  • Muslims & Minorities in the Military

    A demographic shift spanning both sides of the Atlantic has brought the issues of diversity and inclusion to the forefront of the agendas in the public and private sector, including the security sector across the OSCE region.  The OSCE has had a focus on diverse populations, from Roma and Jewish populations to national minorities and migrants in Europe and the United States, since its inception.  This focus has increased in recent years with the demographic shifts being experienced in the US and throughout Europe.  The U.S. Census Bureau predicts that racial and ethnic groups will comprise close to 60 percent of the U.S. population by 2060, and that by the next decade the majority of the U.S. workforce will be people of color – e.g., Asian, Latino, and migrant populations – which will also account for much of the U.S. population growth in years to come.  In Europe, demographers predict that aging and waning birthrates will lead to a decline in workers. Historically, racial, ethnic, religious, and gender minority groups have been under represented in the security sector, yet they hold untapped potential to address the new and complex challenges of the 21st century. Panelists suggested making the military more attractive to all individuals, including from these groups, and addressing barriers of prejudice and bias.  Additionally, panelists recommended leadership in governments and the security sector embrace change efforts through words, actions and policies.  The expertise and experiences of the panelists were broad and included representation from various countries in Western Europe.‎  Rozemina Abbasi from the U.K. Ministry of Defense detailed research and outreach programs being carried out to achieve diversity targets set by military leadership as well as the Prime Minister in the United Kingdom. Dr. Elyamine Settoul, an academic at the French Ministry of Defense, spoke about the historical and present day contributions of muslims in the military, including assisting in the liberation of France during World War II.  Dominik Wullers a procurement spokesman for the Federal Ministry of Defense, explained the struggle to change perceptions and stereotypes of German soldiers, and how he launched the Deutscher.Soldat (German Soldier) initiative to address these issues. Samira Rafaela, the Organizational Strategy Advisor for the Dutch National Police, detailed community policing and other initiatives in the Netherlands to advance diversity in the forces. Helsinki Commissioner Representative Gwen Moore joined the panel and discussed the history of desegregation in the United States and patriotism in response to questions about the President's tweet stating transgender individuals would no longer be able to serve in the military. European panelists also responded to the question detailing diversity policies in their countries. The briefing took place against the backdrop of Helsinki Commissioners Senator Ben Cardin, Ranking Member and OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance, and Representative Alcee Hastings speaking at the German Marshall Fund's conference, "Mission Critical: Inclusive Security: Inclusive Leadership for the Security Sector". Addressing European and American security sector leaders and practitioners on the importance of diversity, Commissioner Cardin told of his work with Republican Senate Foreign Relations Chairman Bob Corker to include diversity provisions for the national security workforce in the State Department Authorization Bill before the Committee that day. Commissioner Hastings spoke of his efforts on the Rules committee to include diversity provisions in the Intelligence Bill being voted on the next day. Both Commissioners spoke at the first Mission Critical conference that took place in 2013. http://bit.ly/mcreport2017

  • Helsinki Commission Announces Briefing on Muslims & Minorities in the Military in the OSCE Region

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: MUSLIMS AND MINORITIES IN THE MILITARY Changing Demographics in the OSCE Region and Implications for Europe’s Security Sector Wednesday, July 26, 2017 11:00AM to 12:00PM Dirksen Senate Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission Demographers predict that aging, shifting birth rates, and immigration will change the face of European and North American populations over the next few decades. For example, researchers predict that persons of Muslim origin will make up a quarter of the French and third of the German populations by 2050. At the briefing, European security practitioners will discuss how demographic change is impacting the security workforce, and the subsequent implications for the OSCE region.  Panelists will also highlight the ways in which recruitment, personnel, and other security workforce policies and practices are changing in light of Europe’s increasing ethnic and religious diversity. Speakers include: Dominik Wullers (Germany), Economist, Spokesman of the Federal Office for Federal Ministry of Defense Equipment, and Vice President of Deutscher.Soldat Samira Rafaela (Netherlands), Organizational Strategy Advisor, Dutch National Police  Rozemina Abbasi (United Kingdom), Assistant Head, Armed Forces Targets, Ministry of Defense Dr. Elyamine Settoul (France), Professor, Institute for Strategic Research at the Military College, French Ministry of Defense

  • Democracy in Central & Eastern Europe Focus 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: DEMOCRACY IN CENTRAL AND EASTERN EUROPE: RENEWING THE PROMISE OF DEMOCRATIC TRANSITIONS Wednesday, July 26, 2017 2:00 PM to 4:00 PM Capitol Visitors Center Room SVC-215 Live Webcast: www.facebook.com/HelsinkiCommission In 1990, at a moment of historic transition, the countries of the Organization on Security and Cooperation in Europe adopted a watershed agreement recognizing the relationship between political pluralism and market economies. To advance both, they committed to fundamental principles regarding democracy, free elections, and the rule of law.  In recent years, however, concerns have emerged about the health of the democratic transition in Central and Eastern Europe, particularly in the face of ongoing governance challenges and persistent corruption. At this briefing, speakers will examine the current state of democracy in Central and Eastern Europe and analyze efforts to address the region’s challenges.  They will also discuss the declaration adopted on June 1 by civil society representatives, members of business communities, and others, which seeks to reinvigorate the region’s democratic trajectory, support democratic and economic reform, and strengthen the transatlantic partnership. The following panelists are scheduled to speak: Andrew Wilson, Managing Director, Center for International Private Enterprise Peter Golias, Director, Institute for Economic and Social Reforms, Slovakia Andras Loke, Chair, Transparency International, Hungary Marek Tatala, Vice-President, Civil Development Forum, Poland Additional comments will be provided by: Jan Surotchak, Regional Director for Europe, International Republican Institute Jonathan Katz, Senior Resident Fellow, German Marshall Fund

  • One Year After Coup Attempt, Helsinki Commission Calls on Turkish Government to Respect OSCE Commitments, End Crackdown

    WASHINGTON—Ahead of the one-year anniversary of the attempted coup in Turkey, Helsinki Commission Chairman Sen. Roger Wicker (MS) and Co-Chairman Rep. Chris Smith (NJ-04) issued the following statements: “Last July, thousands of Turks took to the streets to stand against a military coup attempt. Turkish democracy still hangs in the balance one year later,” said Chairman Wicker. “I urge the Turkish government to restore stability and trust in its institutions by ending the state of emergency, releasing all prisoners of conscience, and guaranteeing full due process to all those who face credible charges.” “The Turkish government’s campaign against parliamentarians, academics, journalists, and thousands of others is marked by grave human rights violations,” said Co-Chairman Smith. “The Turkish courts’ support for this campaign is a sad sign of the challenges ahead – we recently saw this in a court’s confirmation of the expropriation of a Syriac Orthodox monastery. I call on the Turkish government and courts not to continue down the path to dictatorship.” Ahead of the May 2017 meeting between President Donald Trump and Turkish President Recep Tayyip Erdogan, Helsinki Commission leaders urged President Trump to seek guarantees that several U.S. citizens currently jailed in Turkey will have their cases promptly and fairly adjudicated and receive full consular assistance. They called for the prompt release of imprisoned American pastor Andrew Brunson; for consular access and fair trials for American dual citizens like Serkan Golge; and for timely and transparent due process for long-standing U.S. consulate employee Hamza Uluçay. Chairman Wicker also submitted a statement to the Congressional Record expressing his concern about the outcome of the April 16 constitutional referendum in Turkey, which approved Turkey’s conversion from a parliamentary government into an “executive presidency,” further weakening crucial checks and balances.

  • 2017 Trafficking in Persons Report – the OSCE Region

    By Allison Hollabaugh, Counsel Human trafficking remains a pressing human rights violation around the world with the International Labor Organization estimating that nearly 21 million people are enslaved at any given time, most of them women and children. As part of U.S. efforts to combat human trafficking, the U.S. Department of State today released the 2017 Trafficking in Persons Report (TIP Report), reflecting the efforts of 187 countries and territories to prosecute traffickers, prevent trafficking, and to identify and assist victims, as described by the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Trafficking Victim Identification and Care: Regional Perspectives According to the new TIP Report, in the 2016 reporting year, countries in the OSCE region identified 304 more trafficking victims than in the previous year, for a total of 11,416 victims.  This increase is particularly notable when compared to the East Asia and Pacific, Near East, South and Central Asia, and Western Hemisphere regions, where victim identification declined, but still maintained a generally upward trend over 2014.  Trafficking victim identification and care is critical for proper management of refugee and migrant flows.  In order to help law enforcement and border guards identify trafficking victims among the nearly 400,000 migrants and refugees entering the region last year, the OSCE Office to Monitor and Combat Trafficking in Human Beings launched a new project to conduct multiple trainings, including simulation exercises, through 2018.  The first training in November 2016 included participants from 30 OSCE participating States. Victim identification and care are also critical for successful prosecutions.  Nearly every region of the world saw a drop in prosecutions of human traffickers, but an increase in convictions in the 2016 reporting year.  This trend may reflect a growing knowledge among prosecutors of how to successfully investigate and prosecute a trafficking case.  It also may reflect an overall increase in trafficking victims who have been identified, permitted to remain in-country, and cared for such that the victims—now survivors—are ready, willing, and able to testify against their traffickers.  Despite the dramatic decline in prosecutions (46 percent) in the OSCE region, convictions held steady at nearly the same numbers as the previous year. Individual Country Narratives Along with regional statistics, the TIP Report also provides individual country narratives, recommendations for the most urgent changes needed to eliminate human trafficking, and an assessment of whether the country is making significant efforts to meet the minimum standards for the elimination of human trafficking. Tier 1 countries meet the minimum standards for the elimination of human trafficking. Tier 2 countries do not yet meet the standards, but are making significant efforts to do so.  Tier 2 Watch List countries do not meet the minimum standards and are making significant efforts to do so, but have a very large or increasing number of trafficking victims, have failed to demonstrate increasing efforts over the previous year, or lack a solid plan to take additional steps in the coming year. Tier 3 countries do not meet the minimum standards and are not making significant efforts to do so. Twenty-five OSCE participating States qualified for Tier 1 in the TIP Report.  Nineteen participating States qualified for Tier 2, including Ukraine, which was upgraded this year after four years on the Tier 2 Watch List.  Five participating States were designated for the Tier 2 Watch List, including Hungary, Moldova, Montenegro, Serbia, and Bulgaria.* Four participating States were on Tier 3, including Belarus, Russia, Turkmenistan, and Uzbekistan.  States on Tier 3 may be subject to sanctions. Legislation authored by Helsinki Commission Co-Chairman Rep. Chris Smith—who also serves as the Special Representative for Human Trafficking Issues to the Organization for Security and Cooperation in Europe Parliamentary Assembly – requires the TIP Report to be produced every year.  In recent years the report has also included an assessment of the United States.   Since the inception of the report, more than 100 countries have written or amended their trafficking laws, with some nations openly crediting the report for inspiring progress in their countries’ fight against human trafficking. * OSCE participating States Andorra, Monaco, Lichtenstein, and San Marino are not included in the TIP Report.

  • OSCE Debates Future of European Security

    By Alex Tiersky, Global Security and Political-Military Affairs Advisor Can an organization of 57 participating States which includes both the United States and Russia come to agreement on the causes of instability in European security today, let alone re-commit to the basic rules of the road governing states’ behavior?  And are all participating States – especially Russia – still able and willing to participate in good faith in a positive-sum, cooperative approach to building security, rather than a competitive, beggar-thy-neighbor approach? These were the questions that underpinned the OSCE Security Days conference of non-governmental experts and governmental representatives on “Countering fragmentation and polarization: Re-creating a climate for stability in Europe,” held on May 18-19, 2017 in Prague.  While the Czech hosts were proud to inform attendees that the meeting was held in the very hall in which the July 1, 1991 protocol dissolving the Warsaw Pact was signed, it seemed unlikely that this historical spirit would deliver positive breakthroughs in the current challenges facing the post-Cold War order in Europe, which was declared dead by more than one speaker. The great majority of interventions focused on the deliberate undermining of other countries’ security and independence by Russia. Additional challenges raised by speakers included increasing polarization within and among states, the rise of populist movements, a post-truth environment that feeds instability and mistrust, and the emergence of the cyber domain and its use in interstate competition. Russian revisionist perspectives on the European security order, declared on such occasions as President Putin’s speech at the Munich Security Conference in 2007, underline the extent to which Russian leaders see the post- cold war order as detrimental to Russia’s interests and therefore obsolete, according to several speakers. Conference participants from Russia, for their part, painted an entirely different reality than that described by most other participants. In the former’s telling, the west took advantage of Russia in the post-cold war period despite positive actions by Russia, ranging from the withdrawal of troops and armaments previously stationed across Europe, to more recent collaboration in fighting against piracy or eliminating Syrian chemical weapons. Stressing the concept of indivisibility of security, Russian speakers underlined that Russia would make no more of what they called unilateral concessions, and called for a new European Security Treaty.  NATO’s concept of deterring Russia is not compatible with OSCE commitments, they asserted. Seeking to address these widely differing perspectives among its membership, the German Chairmanship in 2016 and the Austrian Chairmanship in 2017 have launched an informal working group on “structured dialogue” to discuss participating States’ differing views on security threats and possible ways forward.  Conference participants were of mixed views on the prospects for the structured dialogue effort, with skeptics citing what they saw as similar past processes such as the Corfu Process or Helsinki +40, which failed to show concrete results.  Many participants were keen to underline the need for the structured dialogue to avoid calling existing institutions or principles into question.  The challenges facing European security were not institutional in nature, these voices argued, but rather the result of one OSCE participating State – Russia – failing to uphold its commitments or respect the sovereignty and independence of other participating States. Conference participants offered a number of policy recommendations for strengthening the OSCE (such as providing a small crisis response fund under the Secretary General’s authority; providing additional tangible assets like unmanned aerial vehicles; supporting historical research to better understand the sources of divergent perspectives; or modernizing arms control and confidence building measures).  The OSCE should pay more attention to the increasing instability in the Western Balkans, it was suggested, and ongoing work on cyber norms had real potential utility. Individual participating States were urged to combat disinformation campaigns by investing in tools to rapidly rebut false claims, educate publics, and discredit outlets that serve as propaganda, while safeguarding fundamental freedoms.  Despite these and other positively-inclined recommendations, however, the general mood at the conference was one of urgency, not optimism. If one point of general consensus emerged among the widely differing perspectives, it was that in the face of increasingly complex and urgent challenges (many of them caused by or closely linked to Russia’s geopolitical stance, according to the great majority of conference attendees) the absence of shared views and approaches was unlikely to resolve itself in the near term. This dynamic was likely to contribute to a worsening of existing and emerging security crises – and ultimately the further loss of lives. Alex Tiersky attended the conference as a representative of the U.S Helsinki Commission.

  • The Nagorno-Karabakh Conflict

    The Nagorno-Karabakh conflict between Armenia and Azerbaijan remains one of the world’s most intractable and long-standing territorial and ethnic disputes. Its fragile no-peace, no-war situation poses a serious threat to stability in the South Caucasus region and beyond.  The conflict features at its core a fundamental tension between two key tenets of the 1975 Helsinki Final Act: territorial integrity and the right to self-determination. As part of the Helsinki Commission’s continued engagement on security challenges across Europe and Eurasia, this short primer on the conflict lays out the conflict’s origins and recent evolution, as well as the role of key players including Russia, the United States, and the OSCE. Download the full report to learn more. Contributors: Everett Price, Senior Policy Advisor, Alex Tiersky, Senior Policy Advisor, and Anna Zamejc, Lantos Fellow

  • Countering Corruption in the OSCE Region: Returning Ill-Gotten Assets and Closing Safe Havens

    The World Bank estimates that twenty to forty billion dollars are stolen from developing countries every year. The majority of stolen funds are never found, and even if they are, recovering stolen assets and repatriating victims is a complicated process. The process often involves many different countries with different legal frameworks and financial structures. On June 1, 2017, the Helsinki Commission held a briefing on asset recovery in the OSCE region. Ill-gotten assets from the region frequently end up in money laundering safe havens in the West, where Western financial services enable the safeguarding of stolen funds. Briefers included Charles Davidson, executive director of the Kleptocracy Initiative at the Hudson Institute; Brian Campbell, legal advisor for the Cotton Campaign; and Ken Hurwitz, senior managing legal officer on anti-corruption with the Open Society Justice Initiative. The briefing was moderated by Paul Massaro, economic and environmental policy advisor with the Helsinki Commission.  Panelists at the briefing discussed methods to achieve responsible repatriation for grand corruption. After tracing and freezing assets, Western authorities are faced with the dilemma of how to return assets stolen by kleptocrats to the people of that country. A critical part of anti-corruption work, successful repatriation can empower civil society and democratic development in affected countries. In turn, civil society and the judiciary can play critical roles in fighting and exposing grand corruption. Panelists drew comparisons between the challenges associated with returning assets stolen by the Karimov regime in Uzbekistan and the successful case in Kazakhstan, where $115 million in disputed assets was returned to the people through the BOTA Foundation. While grand corruption takes on many different forms, most corrupt countries in the OSCE region are former members of the Soviet Union and have imported Moscow’s own brand of corruption. Panelists discussed how the lack of transparency and accountability in Western financial systems facilitate the looting of former Soviet countries. Additionally, they argued for the United States’ national interest in countering corruption and ensuring responsible repatriation.

  • Commissioner and Special Representative Ben Cardin Counters Anti-Semitism and Promotes Diversity

    When the U.S. funding bill commonly known as the Omnibus passed in May 2017, it included a number of provisions outlining U.S. foreign policy and national security measures.  It also included provisions supporting diversity and human rights in foreign affairs in the face of increased violence and discrimination across the 57 North American and European countries that make up the Organization for Security and Cooperation in Europe. “Continuing anti-migrant and refugee sentiments, anti-Muslim backlash following terrorist attacks, and a surge in anti-Semitic and racist incidents in this country and abroad are just some of the reasons I was compelled to act,” said Helsinki Commission Ranking Senator Ben Cardin (MD), who is also the OSCE Parliamentary Assembly’s first Special Representative on Anti-Semitism, Racism, and Intolerance. “These legislative provisions are just a few recent efforts I have advanced to ensure diverse populations in our country and throughout the OSCE region are afforded the same rights, protections, and opportunities as others that are enshrined in the Helsinki Final Act and numerous OSCE tolerance and non-discrimination commitments,” said Senator Cardin, whose U.S. spending bill provisions include: Increased funding to counter global anti-Semitism. U.S. support for the Organization for Security and Cooperation in Europe (OSCE) to advance new initiatives to counter anti-Semitism, racism, and intolerance. Expansion of the Department of State workforce diversity programs. Prior to the passage of the Omnibus, on April 25 Senator Cardin introduced the National Security Diversity and Inclusion Workforce Act (NSDIWA) of 2017, building on legislation he passed in December 2016 to diversify the State Department and USAID labor force.  “I have championed these equality and anti-discrimination provisions because America’s diversity is one of our greatest assets as a nation, and our government should reflect that reality,” said Senator Cardin. “When America leads with our values on display, whether we are promoting human rights abroad or helping resolve conflicts to help societies heal and move forward, including our own, it should be done with personnel who reflect the entire tapestry of the United States,” Senator Cardin continued. “Inequities and discrimination are not just a U.S. problem.  The hope is that this legislation can also serve as a model for other countries grappling with similar issues from hate crimes to inequality.” Senator Cardin was appointed the OSCE PA's Special Representative on Anti-Semitism, Racism and Intolerance in March 2015. More on his mandate and efforts can be found at http://www.oscepa.org/about-osce-pa/special-representatives/anti-semitism.

  • Helsinki-Related Legislation in the 115th Congress

    Between January 1 and May 15, 2017, U.S. Helsinki Commissioners introduced more than a dozen bills and resolutions on issues relating to the Commission’s mandate to monitor and encourage compliance with the Helsinki Final Act and other commitments undertaken by the 57 participating countries of the Organization for Security and Cooperation in Europe (OSCE). Senator Roger Wicker (MS), the Commission’s Chairman, and Senator Ben Cardin (MD), Ranking Senate Commissioner, have been particularly active.  Representative Chris Smith (NJ), the Commission’s Co-Chairman, and Representative Alcee Hastings (FL), Ranking House Commissioner, have also introduced several pieces of legislation. Other Commissioners, both House and Senate, have contributed to the effort.   The bills and resolutions cover a wide range of issues, from ensuring the Helsinki Principles are defended and promoted in U.S. foreign policy to encouraging improved U.S. implementation of Helsinki commitments at home. Several have been introduced in response to Russia’s threat to its neighbors and European security, while others address broader concerns about developments in Europe and the OSCE Partner countries of the Mediterranean region.    Download the full report to learn more.  Contributors: Robert Hand, Senior Policy Advisor, Anne Balance, Intern, and Jackson Lines, Intern

  • Former Top U.S. Officials Call For New Sanctions, More Aggressive Action On Russia

    WASHINGTON -- The United States should impose new sanctions and move more aggressively to "shape Russian thinking" in response to Moscow’s actions in Ukraine and elsewhere, former top State and Defense department officials said. Michael Carpenter, who was the Pentagon’s top Russia official until January, said the measures Washington should take should include deploying an armored brigade permanently to the Baltics and restricting some Russian surveillance flights over U.S. territory now authorized under the 2002 Open Skies treaty. "If we do not check Russian aggression with more forceful measures now, we will end up dealing with many more crises and conflicts, spending billions of dollars more in the defense of our European allies, and potentially see our vision of Europe whole and free undermined," Carpenter told a hearing of the U.S. Helsinki Commission on May 17. Carpenter, along with former State Department arms control director Stephen Rademaker, also suggested that the United States should consider returning intermediate-range cruise missiles to Europe, in response to Russia’s alleged violations of a key Cold War-era arms agreement. Rademaker told the commission that Russia will comply with important treaties like Open Skies, Intermediate-Range Nuclear Forces, and Conventional Armed Forces in Europe but only when it is in Moscow’s interest. When it isn’t in Moscow’s interest, "it will seek to terminate them…or violate them while continuing to play lip service to them...or it will selectively implement them," he said. Russia, for its part, has repeatedly denied violating the Intermediate-Range Nuclear Forces treaty and instead accuses the United States itself of violating the agreement. Carpenter called for more financial sanctions that leverage U.S. dominance in financial markets, for more pressure on top Russian officials, and he said that the so-called Magnitsky Act, a 2012 law that puts restrictions on alleged Russian human rights offenders, had been "vastly underutilized." Steven Pifer, a former U.S. ambassador to Ukraine, said the list should be expanded to include relatives of Kremlin-connected oligarchs and other powerful government officials, for example, to keep their children from enrolling at U.S. colleges and universities or spouses from "going on London shopping trips." During last year's election campaign, U.S. President Donald Trump repeatedly expressed a conciliatory approach toward Moscow, saying more cooperation was needed in the fight against terrorism. Since taking office, however, the administration has largely maintained the stiff-armed policy initiated by Trump's predecessor, Barack Obama. The Helsinki Commission is a U.S. government agency that monitors international adherence to the 1975 Helsinki Accords on human rights.

  • The Growing Russian Military Threat in Europe

    Russian military aggression in recent years has flagrantly violated commitments enshrined in the Helsinki Final Act relating to refraining from the threat or use of force against other states; refraining from violating other states’ sovereignty, territorial integrity, or political independence; and respecting the right of every state to choose its own security alliances. The Commission’s hearing on May 17, 2017, closely examined Russia’s military threats in Europe – especially in terms of Russia’s invasion of Ukraine and its attempts to influence events in other neighboring countries – alongside its ongoing violations of arms control agreements and confidence-building measures. Witnesses included Dr. Michael Carpenter, Senior Director of the Biden Center for Diplomacy and Global Engagement at the University of Pennsylvania and former Deputy Assistance Secretary of Defense; Mr. Stephen Rademaker, Principal with the Podesta Group and former Assistant Secretary of State; and Ambassador Steven Pifer, the Director of the Arms Control and Non-Proliferation Initiative at the Brooking Institution and former U.S. Ambassador to Ukraine. In his opening statement, Helsinki Commission Chairman Senator Roger Wicker reiterated that under President Vladimir Putin, Russia has violated a number of commitments enshrined in the Helsinki Final Act and other agreements, among them, the inviolability of frontiers or the principle of refraining from the threat of use of force against other states. “The Russian leadership has chosen an antagonistic stance, both regionally and globally, as it seeks to reassert its influence from a bygone era,” Chairman Wicker said. He was echoed by Representative Chris Smith, Co-Chairman of the Commission, who added that Russian aggression is more than a localized phenomenon. “Russia is threatening the foundations of European security and recklessly endangering the lives of millions,” Representative Smith said. Dr. Carpenter, the first witness to testify in the hearing, said that the Kremlin was relying on denial, deception, and unpredictability to advance its goals. “In the non-NATO countries, Russia has proven it is willing to use military force to achieve its aims.  In NATO countries, it is turning to asymmetric tactics, such as cyberattacks, cover subversion operations, and information warfare,” he said. Mr. Rademaker, who testified next, noted that Russia will comply with various arms control treaties like Conventional Armed Forces in Europe (CFE), Open Skies, and Intermediate-Range Nuclear Forces, only as long as it serves its interests.  He concluded that the Kremlin sees security in Europe as a zero-sum game–diminishing the security of its neighbors keeps Russia stronger in Moscow’s view. The third witness, Ambassador Pifer, focused on Russia’s involvement in the Ukraine crisis. “The Kremlin is not pursuing a settlement of the conflict, but instead seeks to use a simmering conflict as a means to pressure and destabilize the government in Kiev,” Ambassador Pifer said, adding that a change in Moscow’s policy is necessary to bring peace to Ukraine. Ambassador Pifer also argued that the US should consider applying additional sanctions on Russia related to its annexation of Crimea. Mr. Carpenter later echoed those concerns and said that the US should focus on financial sanctions in order to increase its pressure on Russia. He also said that the Magnitsky Act is “vastly underutilized by both the previous administration and this administration.” “If we do not check Russian aggression with more forceful measures now, we will end up dealing with many more crises and conflicts, spending billions of dollars more on the defense of our European allies, and potentially seeing our vision of a Europe whole and free undermined,” Mr. Carpenter argued. Answering a question on where the Kremlin could be expected to agitate next in Europe, Mr. Carpenter pointed to the countries of the Western Balkans that remain, in his view, “in the crosshairs of Russian influence operations now.” He said that Serbia and Macedonia are particularly vulnerable and the potential for a full-fledged ethnic conflict in the Balkans is very high. Mr. Rademaker added that the Western Balkan countries lie outside of NATO and therefore “present an opportunity for Russia.” He also expressed worries that the Baltic states, although members of NATO, are at risk as the Kremlin sees the area as a “near-abroad” and thinks Russia is entitled to play “a special security role” in the region. “We need to begin to shape Russian thinking, that they have to understand that there are certain places that the West will not tolerate Russian overreach and will push back on,” Ambassador Pifer concluded. “And hopefully, as we shape that thinking, maybe Moscow comes around to a more accommodating view on some of these questions.”

  • Russian Military Activities in Europe to Be Examined at Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the following hearing: “THE GROWING RUSSIAN MILITARY THREAT IN EUROPE: ASSESSING AND ADDRESSING THE CHALLENGE” Wednesday, May 17, 2017 9:30 AM Senate Visitors Center (SVC) Room 208/209 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce051717 Russian military aggression in recent years has flagrantly violated commitments enshrined in the Helsinki Final Act relating to refraining from the threat or use of force against other states; refraining from violating other states’ sovereignty, territorial integrity, or political independence; and respecting the right of every state to choose its own security alliances. Witnesses will review Russia’s military activities in Europe, and how Moscow has consistently and deliberately undermined its OSCE and related arms control commitments. Witnesses will also explore if and how Russia could be coaxed back into compliance, and assess the OSCE as a vehicle to address the growing instability and unpredictability in the European security environment.  The following witnesses are scheduled to testify: Michael Carpenter, former Deputy Assistant Secretary of Defense for Russia, Ukraine, Eurasia; currently Senior Director at the Biden Center for Diplomacy and Global Engagement  Steven Pifer, Senior Fellow and Director of the Arms Control and Non-Proliferation Initiative at the Brookings Institution Stephen Rademaker, Principal, Podesta Group; former Assistant Secretary of State in charge of the Bureau of Arms Control and the Bureau of International Security and Nonproliferation

  • Helsinki Commissioners Urge President to Prioritize Democracy, Human Rights in Foreign Policy

    On May 3, Helsinki Chairman Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Helsinki Commissioners Senator Cory Gardner (CO), Senator Marco Rubio (FL), and Senator Thom Tillis (NC) signed a letter encouraging President Trump to prioritize democracy and respect for human rights in the Administration’s foreign policy agenda. The letter reads in part: “America has long been a leader in supporting individual rights. It was more than 240 years ago that the Founding Fathers declared  that all are created equal and endowed with inalienable rights, including life, liberty, and the pursuit of happiness. These principles have successfully formed the backbone of the American experiment in self- government. The rights the Founders recognized are not by any means solely ‘American,’ but rather are universal. Being fortunate to enjoy these freedoms ourselves, we have the moral imperative to promote democracy and human rights across the globe.” The bipartisan letter was also signed by Senator Todd Young (IN), Senator Edward Markey (MA), Senator Bob Menendez (NJ), Senator Susan Collins (ME), Senator Dick Durbin (IL), Senator Patrick Leahy (VT), Senator Christopher Coons (DE), Senator Lisa Murkowski (AK), Senator Cory Booker (NJ), and Senator Jeff Merkley (OR). The full text of the letter can be found below. Dear Mr. President: As you carry out the responsibilities of the Office of the President, we in the Congress stand ready to work with you to ensure that America remains a leader in advocating for democracy and human rights. We urge your administration to make these issues a priority. As you know, America has long been a leader in supporting individual rights.  It was more than 240 years ago that the Founding Fathers declared  that all are created equal and endowed with inalienable rights, including life, liberty, and the pursuit of happiness.  These principles have successfully formed the backbone of the American experiment in self- government. The rights the Founders recognized are not by any means solely “American,” but rather are universal. Being fortunate to enjoy these freedoms ourselves, we have the moral imperative to promote democracy and human rights across the globe.  At a Senate Foreign Relations Committee subcommittee hearing earlier this year titled “Democracy and Human Rights: The Case for U.S. Leadership” human rights activists shared their stories of living under oppressive regimes. They made clear that they believe that the United States has a critical role to play in safeguarding the fundamental rights of all people. A world that is more democratic, respects human rights, and abides by the rule of law strengthens the security, stability, and prosperity of America. History has demonstrated time-and-again that free societies are more likely to be at peace with one another. Constitutional democracies are also less likely to fail and become breeding grounds for instability, terrorism, and migration.  Democratic nations that respect good governance and the rights of their own citizens are also more likely to be economically successful, and to be stable and reliable trade and investment partners for the United States.  Our economic partnerships with Japan, Germany, Taiwan, the Republic of Korea, and numerous other nations’ today stand as testament to the wisdom of far-sighted U.S. policy that seeks to develop good governance and strong democratic institutions as necessary enablers for strong economic partnerships as well. As we have seen over the past decade, there is a creeping authoritarian resurgence across the globe, against which we are the bulwark for individual rights and freedoms.  America, since its founding, has led this fight, not just for the rights of Americans found in the Constitution, but for the rights of all.  By elevating democracy and human rights to a prominent place on your foreign policy agenda you can make a measurable difference and make America safer, more prosperous, and more secure.  There is longstanding and deep bipartisan Congressional commitment to advancing freedom around the world, just as Republican and Democratic administrations for decades have supported democracy and human rights, and we look forward to working with you on this important cause.  We ask that, as you continue to formulate your foreign and defense policies, you put the promotion of democracy and human rights front-and-center as a primary pillar of America’s approach abroad.  As we move forward with the process of holding confirmation hearings for your nominees to key foreign policy positions we will be assessing their commitment to uphold these important American values as they carry out our nation’s foreign policy.

  • A Call to OSCE Commitments in Aftermath of Turkish Referendum

    Mr. President, I rise today to express my concerns about the outcome of the April 16 constitutional referendum in Turkey, when more than 50 million Turkish citizens voted on constitutional amendments to convert Turkey’s parliamentary government into a presidential system.   Turkey is a longstanding friend of the United States and a NATO ally.  Our bilateral partnership dates back to the Cold War when Turkey served as an important bulwark against the creeping influence of the Soviet Union.  Time has not diminished Turkey’s geostrategic importance. Today, Ankara finds itself at the intersection of several critical challenges: the instability in Syria and Iraq, the threat of ISIS and other extremist groups, and the refugee crisis spawned by this regional upheaval.     The United States relies on Turkey and other regional partners to help coordinate and strengthen our collective response.  I was deeply troubled when renegade military units attempted to overthrow Turkey’s democratically elected government last July.  Turkey’s strength is rooted in the democratic legitimacy of its government – a pillar of stability targeted by the reckless and criminal coup attempt.         As Chairman of the Commission on Security and Cooperation in Europe, or U.S. Helsinki Commission, I take very seriously the political commitments made by the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE).  These commitments – held by both the United States and Turkey – represent the foundation of security and cooperation in the OSCE region.  They include an indispensable focus on human rights, rule of law, and democratic institutions.    In the OSCE’s founding document, the Helsinki Final Act, participating States affirm “the universal significance of human rights and fundamental freedoms” and consider respect for these to be an “essential factor” for international peace and security. This vision is consistent with long-established U.S. foreign policy promoting human rights and democracy as cornerstones of a safer, more stable international order.      With these principles in mind, the United States must pay urgent attention to the current situation in Turkey and the danger it poses to Turkish and regional stability.  Eroding respect for fundamental freedoms, rule of law, and democratic institutions in Turkey has proceeded at an alarming pace.  The government’s planned “executive presidency” will further decrease government accountability. Since the attempted coup more than nine months ago, Turkey has operated under a state of emergency that gives the government sweeping authority to curtail rights and silence opponents.  Certain extraordinary measures may have been justified in the immediate aftermath to restore order, investigate events, and bring perpetrators to justice, but the government’s actions have stretched far beyond these legitimate aims.  The ongoing purge has touched every institution of government, sector of society, corner of the country, and shade of opposition – military or civilian, Turk or Kurd, religious or secular, nationalist or leftist, political or non-political.   An atmosphere of fear and uncertainty has settled over Turkish society as more than 100,000 people have been detained or arrested.  Tens of thousands have been fired from their jobs, had their professional licenses revoked, and had their names released on public lists without any recognizable due process.  The government removed and replaced thousands of judges and prosecutors within hours of the coup’s defeat, compromising the independence of the judiciary at a moment when an impartial justice system had become more important than ever. The government has also closed more than 150 media outlets.  Upwards of 80 journalists are behind bars.  The offices of the country’s oldest newspaper were raided, and the paper’s editor-in-chief and other staff were arrested.  The media environment was already under extraordinary pressure before the coup. Last spring, the government seized control of the country’s highest-circulation paper.  Self-censorship is now widely practiced to avoid provoking the government’s ire.   Additionally, state of emergency decrees have given regional governors the ability to curtail freedom of assembly rights, harming the ability of civil society organizations to organize rallies concerning the referendum.  Since July, the government has detained more than a dozen opposition parliamentarians. Many more continue to face criminal charges for political statements they made before the coup attempt.    It is difficult to overstate the chilling effect these measures have had on political debate in Turkey. And yet, these are the circumstances under which Turks voted on April 16.  These major constitutional changes passed with a slim majority of 51 percent.  The OSCE’s international observation mission stated in its preliminary conclusions that the vote “took place on an unlevel playing field” and that “fundamental freedoms essential to a genuinely democratic process were curtailed.”  Under the revised constitution, the once largely ceremonial position of president will convert into an “executive presidency” and the position of prime minister will be abolished.  The president will be elected along with the national assembly every five years and has the ability to dissolve the assembly and call new elections at will.  The president will also appoint a larger proportion — nearly half — of the country’s supreme judicial council.  In a report on these new constitutional provisions, the Venice Commission of the Council of Europe concluded that the amendments are a “step backwards” and pose “dangers of degeneration … towards an authoritarian and personal regime.”    Turkey is undergoing a disturbing transformation, and I am concerned these changes could undermine the strength of our partnership.  President Erdogan’s government has dramatically repressed dissent, purged opponents from every sector of government and society, and is now poised to consolidate power further under his self-described “executive presidency.” In the short term, the Turkish government should act swiftly and transparently to investigate credible claims of voting irregularities in the referendum as well as the legality of a surprise electoral board decision to admit an unknown number of ballots that should be deemed invalid under existing rules.  Public trust in the outcome of such a consequential vote is of utmost importance.  Sadly, until now, the government has responded to these challenges with dismissiveness and suppression.  In the past week, dozens of activists have been detained for participating in protests against the election results. Furthermore, the government should lift the state of emergency, stop all forms of repression against the free press, release all imprisoned journalists and political activists, and urgently restore public confidence in the judiciary.  Only then can it credibly and independently adjudicate the tens of thousands of cases caught up in the government’s months-long dragnet operations. A country where disagreements are suppressed rather than debated is less secure. A country where institutions are subordinated to personalities is less stable.  A country where criticism is conflated with sedition is less democratic.  Unless President Erdogan moves urgently to reverse these trends, I fear our partnership will inevitably become more transactional and less strategic.  It will become more difficult to justify long-term investment in our relationship with Turkey if the future of the country becomes synonymous with the fortunes of one party or one individual. The United States and Turkey need a solid foundation for enduring cooperation to tackle regional instability, terrorism, migration, and other challenges. The future of this partnership is difficult to imagine in the midst of a prolonged state of emergency, wide-scale purges, and weakened democratic institutions.

  • Turkey Post-Referendum: Institutions and Human Rights

    Human rights abuses by the Turkish government have proliferated under the state-sanctioned emergency measures imposed in the aftermath of the July 2016 failed coup attempt.  Turkish authorities have fired as many as 130,000 public workers, including teachers, academics, police officers, and soldiers, and thousands have been arrested. Hundreds of journalists have had their credentials revoked and dozens of media outlets have been shut down. Human rights groups have documented widespread reports of intimidation, ill-treatment and torture of those in police custody. On April 16, 2017, Turkey held a referendum on a package of amendments that transforms the country’s institutions in major ways. The position of prime minister was eliminated and the executive powers of the president were expanded, enabling him to appoint ministers without parliamentary approval, exert more influence over the judiciary, and call early elections. Coming on top of the post-coup crackdown, how will Turkey’s changing institutions affect human rights in the country? Panelists at the briefing discussed how U.S. policymakers can most effectively encourage the protection of human rights to promote the interests of the Turkish people given the strategic importance of the U.S.-Turkey bilateral relationship.

  • Political Prisoners in Russia

    Principle VII of the 1975 Helsinki Final Act recognizes the right of individuals to know and act upon their human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief, without distinction as to race, sex, language or religion. The following individuals who were profiled in the Helsinki Commission's April 2017 hearing, "Democracy & Human Rights Abuses in Russia: No End in Sight," illustrate the many cases of political prisoners in Russia today. Dmitry Buchenkov – Buchenkov was charged under Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”) for his participation in the 2012 Bolotnaya Square protests against fraud in the 2011 presidential elections. He was arrested in December 2015 and is currently under house arrest.  He is recognized by Memorial as a political prisoner not only because the alleged offense did not take place, but also due to the lack of a fair trial and the disproportionate use of pretrial detention in light of the charge against him. His case illustrates the prosecution of individuals for engaging in nonviolent public protest against the government in general and the Bolotnaya Square cases in particular. Oleg Navalny – Navalny was charged under Article 159 (“swindling on a large scale”), article 159.4 (“swindling on a particularly large scale in the entrepreneurial sphere”), and article 174.1.a (laundering of funds on a large scale acquired by a person through a crime committed by him”).  He was sentenced to 3 ½ years in a closed proceeding, Memorial considers him a political prisoner because the alleged offense did not take place and he was not given a fair trial. In reality, Oleg Navalny was targeted because he is the brother of prominent political activist Alexei Navalny.  It appears the authorities are unwilling to make a martyr out of Alexei Navalny but seek to exert pressure on him by persecuting his brother. Oleg Navalny’s case illustrates the willingness of the government to target family members as a means of exerting pressure on political activists, which is specifically prohibited under the OSCE 1989 Vienna Concluding Document. Darya Polyudova – Polyudova was charged under article 280 of the Russian criminal code (“public appeals for extremist activity” and “public appeals for actions aimed at a violation of the territorial integrity of the Russian Federation”) in connection with her participation in preparation for a march that did not take place.  In reality, she was indicted for criticizing Moscow online for its support of Russia-backed separatists in Ukraine's east.  She is recognized as a political prisoner because the offense did not take place, her right to a fair trial was violated, and the government disproportionately used pretrial detention given the nature of the charges.  She was sentenced to two years in prison, becoming the first person in Russia convicted under a 2014 law criminalizing calls for separatism on the Internet. Her case illustrates the government’s prosecution of Russian nationals who criticize Russia’s actions and policies in Ukraine. Sergei Udaltsov – Udaltsov was charged under Article 30 of the Russian criminal code (“preparation of actions aimed at organizing mass riots”) and Article 212 (“organization of mass riots”) after participating in the Bolotnaya Square protests. He has been arrested multiple times before for protesting against the government. Memorial recognizes him as a political prisoner on the grounds that he was charged with an offense that did not take place; his right to a fair trial was violated; and the government disproportionately used pretrial detention. He was sentenced to four years and six months in prison. Ivan Nepomniashchikh – Nepomniashchikh was charged with Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”). He is recognized as a political prisoner on the grounds that he is being prosecuted for exercising his right to freedom of assembly; he is being charged with an offense that did not take place; he was not allowed a fair trial;  and the government disproportionately used pretrial detention. He is another example of those being prosecuted for participating in the Bolotnaya Square protests against the 2011 fraud in the presidential election. Alexei Pichugin – Pichugin was charged under Article 162 of the Russian criminal code (“robbery”) and Article 105 (“murder”). At a closed trial, Pichugin, the former head of internal economic security for the Yukos Company then headed by Mikhail Khodorkovsky, was sentenced to life imprisonment in a special-regime penal colony. He has been in prison since 2003 and is recognized as a political prisoner on the grounds that his prosecution was conducted without a fair trial.  The European Court on Human Rights also has held that Pichugin was denied a fair trial.   Oleg Sentsov – Senstov is a Ukrainian filmmaker imprisoned in Russia since 2015, and was the focus of a separate Helsinki Commission briefing. Sentsov was arrested in the Russian-occupied Crimean territory of Ukraine and charged under Article 205.4 of the Russian criminal code (“organization of a terrorist group”), Article 205 (“terrorist act committed by an organized group”), Article 30 in connection with Article 205 (“preparation of a terrorist act”), Article 30 in connection with Article 222 (“attempted illegal acquisition of firearms and explosive devices”), and Article 222 (“illegal acquisition and storage of far arms and explosive devices”).  He was accused of planning an attack on a monument to Lenin, a charge he denies. He was sentenced in a Russian military court to 20 years in a strict regime penal colony for terrorism. Other Illustrative Cases Alexander Kolchenko – Kolchenko, a Crimean activist, was charged under article 205 of Russia’s criminal code (art. 205.4 part 2: "Participation in a terrorist organization," and art. 205, paragraph "a," part 2: "A terrorist act conducted by a terrorist group"). He refuted the accusations of terrorism. Mr. Kolchenko was detained in May 2014, in Simferopol, Crimea, shortly after Russia took control over the peninsula. On August 25, 2016, the North Caucasus District Military Court of Russia sentenced Mr. Kolchenko to 10 years of imprisonment in a strict-regime colony. He is serving his sentence in the Chelyabinsk Oblast, in the city of Kopeysk, a facility notorious for its poor treatment of convicts. Mr. Kolchenko is recognized as a political prisoner by Russia’s Memorial watchdog group. Mykola Semena (under a travel ban) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care. Roman Sushchenko (in pre-trial detention) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko. Memorial, a Russian organization established to report on the crimes of Stalinism, documents cases of political prisoners as well as cases of those persecuted for their faith.This information was compiled by Helsinki Commission staff from Memorial, the U.S. Department of State Country Report on Human Rights Practices, and news sources. The U.S. Commission on International Religious Freedom also tracks cases of individuals imprisoned in connection with their faith.

  • Helsinki Commission Calls for Proclamation Recognizing Importance of Helsinki Final Act

    WASHINGTON—Helsinki Commission Chairman Senator Roger Wicker (MS) today introduced a bipartisan Senate resolution urging President Trump to recognize the importance of the Helsinki Final Act –  the founding document of today’s Organization for Security and Cooperation in Europe (OSCE) – and its relevance to American national security.  The resolution was cosponsored by all other Senators currently serving on the Helsinki Commission: Sen. Ben Cardin (MD), Sen. John Boozman (AR), Sen. Cory Gardner (CO), Sen. Marco Rubio (FL), Sen. Jeanne Shaheen (NH), Sen. Thom Tillis (NC), Sen. Tom Udall (NM), and Sen. Sheldon Whitehouse (RI). “Peace and prosperity in the OSCE region rest on a respect for human rights and the preservation of fundamental freedoms, democratic principles, and economic liberty. Unfortunately, the commitment to these ideals by some OSCE participating States is eroding,” Chairman Wicker said. “The shrinking space for civil society in many nations has become reminiscent of the Communist era – a time when many Helsinki Monitoring Groups were violently persecuted for their courageous support of basic human rights,” he continued. “With its actions in Ukraine and Georgia, the Russian Federation in particular has demonstrated how closely such internal repression can be tied to external aggression.  We were reminded of these abuses in this morning’s Helsinki Commission hearing. I urge the President to make it clear that Helsinki principles are vital not only to American national interests but also to the security of the OSCE region as a whole.” “What was remarkable about the Helsinki Final Act was the commitment that these standards we agreed to would not only be of internal interest to the member country, but that any country signatory to the Helsinki Final Act could challenge the actions of any other country,” said Ranking Commissioner Cardin, who is also Ranking Member of the Senate Foreign Relations Committee. “We have not only the right but the responsibility to call out countries that fail to adhere to the basic principles that were agreed to in 1975.” Defining security in a uniquely comprehensive manner, the Helsinki Final Act contains 10 principles guiding inter-state relations, among them respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion, or belief (Principle VII). Other principles include respect for sovereign equality (Principle I), the territorial integrity of states (Principle IV), and states’ fulfilment in good faith of their obligations under international law (Principle X). S.Con.Res.13 encourages President Trump to reaffirm America’s commitment to the principles and implementation of the Helsinki Final Act. The resolution also calls on the President to urge other participating States to respect their OSCE commitments and to condemn the Russian Federation's clear, gross, and uncorrected violations of all 10 core OSCE principles enshrined in the Helsinki Final Act.

  • Democracy & Human Rights Abuses in Russia: No End in Sight

    The U.S Helsinki Commission held a hearing on Wednesday on “Democracy and Human Rights Abuses in Russia: No End in Sight.”  It was the first hearing in the 115th Congress focused on internal human rights repression in Russia. Vladimir Kara-Murza, vice-chairman of pro-reform movement Open Russia; Rachel Denber, Deputy Director of the Europe and Central Asia Division at Human Rights Watch; and Dr. Daniel Calingaert, Executive Vice President of Freedom House, testified about the crisis of Russian democracy and the country’s worsening human rights record under President Vladimir Putin. In his opening statement, Mr. Kara-Murza underscored the necessity for the OSCE participating States to give an honest assessment about what is happening in Russia, where the number of political prisoners now exceeds a hundred people (a number that has doubled in less than a year). Mr. Kara-Murza, a vocal critic of the Kremlin who has survived two poisoning attempts, estimated that more than 30 activists have been murdered by the Putin regime since Vladimir Putin assumed power in 2000. He also called for an end to impunity for human rights violations in Russia. “The U.S. does have a mechanism for such accountability in the Magnitsky Act that provides for targeted sanctions on human rights abusers. This law should continue to be implemented to its full extent,” Mr. Kara-Murza said. His concerns were echoed by Human Rights Watch’s Rachel Denber, who noted that today, “Russia is more repressive that it has ever been in the post-Soviet era.” At Chairman Wicker’s request, Ms. Denber provided detailed information about each of the Russian political prisoners who were featured on posters in the room, and also spoke at length about the repression of gay men in Chechnya. Dr. Daniel Calingaert of Freedom House highlighted the fact that Mr. Putin was the primary author of the modern authoritarian’s playbook, which has subsequently been replicated by many autocratic rulers in the region.  “His methods for suppressing civil society and political opposition have inspired other dictators, and his media manipulation has impacted most of Eurasia directly and extended to Europe and the United States,” Dr. Calingaert said. However, despite the grim situation, Mr. Kara-Murza voiced some optimism about the future. “Increasingly, the young generation in Russia – the very generation that grew up under Vladimir Putin – is demanding respect and accountability from those in power,” he said. Mr. Kara-Murza pointed to a wave of anti-corruption demonstrations that took place in dozens of cities across Russia in late March, with tens of thousands of people, mostly young protesters, taking out to the streets to demand the resignation of Prime Minister Dimitriy Medvedev. “This movement will continue. And these growing demands for accountability are the best guarantee that Russia will one day become a country where citizens can exercise the rights and freedoms to which they are entitled,” he added.  

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