As a new generation of political leaders in Belarus seeks to forge closer ties with the West, the Kremlin has stepped up influence and disinformation campaigns designed to erode Belarusian sovereignty and exploit the strong historical, cultural, and economic ties between the two nations. Expert witnesses examined how Russia most effectively penetrates Belarusian society, and the extent to which Russia’s disinformation and hybrid tactics are influencing the political landscape at a pivotal moment. Speakers also decoded Russia’s tactics in Belarus and explored how the United States can help promote the sovereignty of Belarus.

Sparked by the recent Turkish military offensive in northeastern Syria, increased tensions between the United States and Turkey have reignited the debate about the future of U.S.-Turkish bilateral relations. The Helsinki Commission convened this hearing to discuss how the United States should respond to the Turkish Government’s continuing abuse of human rights and fundamental freedoms. Expert witnesses at the hearing reviewed prominent cases of politically-motivated prosecution, failures of due process, and prospects for judicial reform as they relate to Turkey’s commitments as a member of both the OSCE and NATO. The panel also evaluated President Erdogan’s plan to return millions of Syrian refugees to their war-torn country or push them to Europe, and the human consequences of his military incursion into Syria. Presiding over the hearing, Commission Ranking Member Rep. Joe Wilson affirmed that as co-chair for the Caucus on U.S.-Turkey Relations & Turkish Americans he supports the people of Turkey and the U.S.-Turkish alliance. He cautioned, however, that President Erdogan’s actions threaten to undermine that alliance and damage the security of the region. Rep. Marc Veasey noted that Turkey is being “torn between two worlds”: one of democracy and one of autocracy. Sen. John Boozman and Rep. Steve Cohen were also present at the hearing. The Commission heard testimony from Gonul Tol, Director of the Center for Turkish Studies at the Middle East Institute; Merve Tahiroglu, the Turkey Program Coordinator at the Project on Middle East Democracy (POMED); Henri Barkey, the Bernard L. and Bertha F. Cohen Professor at Lehigh University; Eric Schwartz, the President of Refugees International; and Talip Kucukcan, professor of sociology at Marmara University. Dr. Tol testified that “most freedoms under Turkish President Recep Tayyip Erdogan have been dramatically curtailed” but counseled that Turkey “is not a fullblown dictatorship.” The Turkish government has targeted activists, journalists, and opposition politicians with “trumped-up terrorism charges and “largely criminalized Kurdish political expression.” She highlighted the opposition’s recent victories in mayoral elections as “a testament to the peoples of Turkey, the great majority of whom refuse to give up on the idea of democratic rule.” Dr. Tol further urged the United States to view “the Kurdish question…[as] a matter of democratization and human rights” for the Turkish state. Ms. Tahiroglu explained the deterioration of the rule of law under Erdogan’s government. According to her testimony, Erdogan’s administration has politicized the judiciary and rendered it “a main weapon against government critics and opponents” through repressive laws and false terrorism charges. She noted key judicial cases against civil society activists, journalists, opposition politicians, professors, U.S. citizens, and employees of U.S. consulates in the country. Ms. Tahiroglu testified that the breakdown of the rule of law in Turkey matters for U.S. interests because it has swept up U.S. citizens, “fuels anti-Americanism,” and “embolden[s] Turkey’s aggressive policies abroad by suppressing dissenting voices.” Dr. Barkey focused his testimony on the Turkish government’s suppression of the struggle for recognition of Kurdish social and political identity. Barkey explained the significance of the People’s Democratic Party (HDP)—Turkey’s second largest opposition party—in providing an opportunity for Turkey’s Kurdish population to participate in Turkish politics. “From that perspective, they have been very, very successful,” Barkey assessed. “It may have been far too successful for its own good.” Dr. Barkey detailed President Erdogan’s “relentless campaign to dismantle and delegitimize the HDP.” Mr. Schwartz spoke about the humanitarian implications of Turkey’s incursion into northeastern Syria. The reports of human rights abuses and civilian deaths are cause for deep concern, he said. He criticized the decision to withdraw U.S. troops from Syria instead of implementing a strategic departure. Schwartz concluded with a recommendation for the United States to support locally based NGOs that provide humanitarian assistance to populations by the Turkish operation. Dr. Kucukcan reminded the audience that Turkey’s incursion occurred with President Donald Trump’s consent. The incursion, he noted, serves to protect Turkey’s national security and preserve the territorial integrity of Syria.  Dr. Kucukcan disputed that Turkey plans “ethnic cleansing” or “demographic engineering in places where [military] operations took place.”

To silence dissent from abroad, autocrats often turn to the International Criminal Police Organization, known as INTERPOL, to file bogus criminal claims seeking the arrest and extradition of their political targets. This abuse of INTERPOL Red Notices and Diffusions enables autocratic governments to harass and intimidate their opponents thousands of miles away, even within free and democratic societies. Titled “Tools of Transnational Repression: How Autocrats Punish Dissent Overseas,” this U.S. Helsinki Commission hearing examined INTERPOL abuse among other autocratic practices aimed at suppressing dissent across borders, including surveillance, abduction, and assassination. Commission Co-Chairman Sen. Roger Wicker chaired the hearing and was joined by Commission Ranking Members Sen. Ben Cardin and Rep. Joe Wilson and Commissioners Sen. Cory Gardner, Sen Sheldon Whitehouse, and Rep. Marc Veasey. Co-Chairman Wicker opened the hearing by stating that “the Helsinki Commission is particularly concerned by the politically motivated abuse of Interpol by autocratic states wishing to harass and detain their opponents overseas, often in the hopes of trying them on bogus criminal charges.” While acknowledging INTERPOL as a legitimate and potent law enforcement tool, Sen. Wicker noted that its “broad membership leaves it open to manipulation by authoritarians.” In his opening remarks, Ranking Member Cardin proposed ways to respond to the phenomenon of transnational repression include putting a spotlight on it through the hearing, passing legislation, and enforcing the Magnitsky sanctions. Ranking Member Wilson noted that INTERPOL abuse “is not only imperiling champions of freedom around the world, but undermining the very integrity of INTERPOL and, more broadly, the international system we’ve worked so hard to build.” Witnesses included Alexander Cooley, Director for Columbia University’s Harriman Institute for the Study of Russia, Eurasia, and Eastern Europe and Claire Tow Professor of Political Science at Barnard College; Sandra A. Grossman, Partner at Grossman Young & Hammond, Immigration Law, LLC; Bruno Min, Senior Legal and Policy Advisor for Fair Trials; and Nate Schenkkan, Director for Special Research at Freedom House. They described the roots of transnational repression, salient examples of its use, how INTERPOL systems should be reformed to safeguard the rights of the innocent, and INTERPOL abuse affects the American immigration system. Mr. Cooley recognized that while transnational repression is not a new phenomenon, there is a current upsurge in its use that stems from a global backlash against democratization. He further cited the role of globalization in creating new diaspora communities around the world and the rise of new information technologies as other factors contributing to the increasing incidents of transnational repression. Mr. Schenkkan recommended that the United States and other democratic states work to “blunt the tools of transnational repression,” including through INTERPOL reform, and to “to raise the cost of engaging in transnational repression,” such as by sanctioning its perpetrators. Mr. Min explained Fair Trials’ recommendations for INTERPOL reform, including ways to improve the review process of red notices and diffusions, further integrate due process standards into INTERPOL’s appeal process for red notices and diffusions, and increase the transparency of INTERPOL’s internal decision-making. Ms. Grossman addressed instances in which United States’ Immigration and Customs Enforcement (ICE) used Red Notices to detain or otherwise render immigration determinations against individuals in this country, even though the Department of Justice does not recognize Red Notices as a legitimate basis for arrest. She recommended that the U.S. government take steps to improve the understanding of immigration officials concerning the proper handling of Red Notices. Mr. Cooley, Mr. Schenkkan, and Ms. Grossman all endorsed the Transnational Repression Accountability and Prevention (TRAP) Act introduced by the Commission’s leadership to address the abuse of INTERPOL internationally and the misuse of its communications by U.S. authorities.

In 2019, Slovakia holds the chairmanship of the world’s largest regional security organization: the Organization for Security and Cooperation in Europe (OSCE), which brings together 57 countries from North America, Europe and Central Asia. At the Helsinki Commission’s first hearing in the 116th Congress held on April 3, 2019, Slovakia’s Minister of Foreign and European Affairs, Miroslav Lajčák, was invited to discuss the chairmanship’s priorities for the OSCE in 2019 and its plans for progress. Minister Lajčák was received by Helsinki Commission Chairman Alcee L. Hastings (FL-20), along with Co-Chairman Sen. Roger Wicker, Ranking House Member Rep. Joe Wilson, and Commissioners Sen. Cory Gardner, Rep. Gwen Moore, and Rep. Brian Fitzpatrick. Chairman Hastings encouraged Minister Lajčák to meet with civil society during his country visits as Chair-in-Office, including in the United States.  Co-Chairman Wicker observed, “[a]t a time when civil society is under threat in so many countries, we look to you, as the Chair, to ensure that people’s voices are heard in the OSCE.” Minister Lajčák stated that “resolving conflicts and mitigating their impact on people” in countries suffering from “economic instability, political instability, [and] human rights violations” is a priority for Slovakia’s Chairmanship. He focused on Ukraine due to the severity of the country’s conflicts, while also acknowledging those in other areas of the OSCE region such as Transnistria, Georgia, and Nagorno-Karabakh, for which Co-Chairman Wicker emphasized the need for the OSCE to “strengthen the process of democratic reform, fight against corruption, and fight against regional instability.” The minister emphasized that his goal will be to focus on a list of nine concrete measures that would “bring about small, but concrete, results and improvement [in Ukraine] for the people on the ground,” such as humanitarian demining and repairing civilian infrastructure. He asserted that repairing Stanytsoa Lukanska, a bridge which serves as a key piece of transportation infrastructure in the Luhansk area, is the most important of these measures. The minister also emphasized the need to ensure a safer future, especially for young people, by countering cyberterrorism and its (mis)use in organized crime and human trafficking. He emphasized the importance of educating youth in matters related to cybersecurity, including emerging threats such as cyberterrorism. To that end, Slovakia’s chairmanship will use its convening authority “to call attention to new trends and explore potential collaborative impact.” Chairman Hastings optimistically remarked that “young people know a hell of a lot more about [cyber security and technology] than we do” and Commissioner Moore commended Mr. Lajčák for focusing on the youth – “it is a quintessential strategy for preventing chaos.” Finally, the Slovak Chair-in-Office focused on multilateralism, considered by Minister Lajčák as a “fundamental problem-solving and war-preventing” tool both in and outside of the OSCE. Furthermore, Minister Lajčák emphasized the importance of “working together on multilateral platforms [which] is inevitable if we want to safeguard peace and prosperity to our people,” calling the OSCE “the platform to do just that.” He affirmed this priority of co-operation between OSCE participating States in response to a concern raised by Commissioner Moore regarding certain participating State’s “violations [of all] the Helsinki principles” which would undermine multilateralism within the OSCE: “We have to […] look eye-to-eye and talk about issues […] that is what makes the OSCE unique.” Throughout the hearing, the Chair-in-Office stressed an intent to counter terrorism in his priorities. Part of the minister’s first conference to encourage youth education involved “promoting tolerance and non-discrimination, and the best practices in combating modern-day anti-Semitism,” to stem terrorism. Furthermore, a second conference, held a week before the hearing, “focused on preventing and countering terrorism as well as violent extremism and radicalization that lead to terrorism.” The minister asserted that “terrorism and violent extremism pose as grave a threat as ever” and that “we, at the OSCE, need to continue updating and adapting our toolbox” to be prepared for the future. Despite specific victories, such as the recent destruction of the remaining Daesh strongholds, the minister advised that “this is not a time to get comfortable,” and that “we need to address the root causes [of terrorism] and stay one step ahead.” The OSCE Chair-in-Office also addressed regional challenges including Russia’s continued aggression in Ukraine; protracted conflicts in Transnistria, Georgia, and Nagorno-Karabakh; increasing instability in the Western Balkans; and Turkey’s campaign to stifle dissent in every sector. Many countries are struggling—or failing—to live up to their OSCE commitments in the areas of human rights, democracy, and the rule of law, and vulnerable communities are targets of discrimination and violence. However, Chairman Hastings is optimistic about the capability of the OSCE to advance the rule of law, human rights, and non-discrimination its participating States. Minister Lajčák expressed confidence that providing concrete measures to improve the daily lives of those living in conflict, educating youth, and encouraging multilateral engagement on their behalf will lead to positive developments throughout the OSCE region.

Since 2008, Lithuanian judge and parliamentarian Neringa Venckiene has been seeking justice for her young niece, who was allegedly sexually molested by two Lithuanian government officials. Despite a court ruling that there was enough evidence to indict the child’s mother for facilitating the molestation, the niece was taken from Judge Venckiene and returned to the mother’s care, preventing the girl from testifying further in an ongoing trial against her alleged abusers.  In 2013, Judge Venckiene fled Lithuania to seek political asylum in the United States, fearing retribution not only for her efforts to protect her niece but also for her leadership in a new anti-corruption political party.  Lithuanian prosecutors have charged Judge Venckiene with at least 35 crimes, ranging from petitioning the court on her niece’s behalf, to speaking to journalists about the case, to bruising an officer during her struggle to keep her niece from being returned to the accused mother. Five years after arriving in the United States, Judge Venckiene’s political asylum case has still not been heard, but U.S. authorities are moving to extradite her under the U.S.-Lithuania extradition treaty for bruising the officer who was returning the girl to the accused mother during the trial.  The hearing explored the limits of extradition among allies, especially when charges appear politically motivated. Witnesses discussed the evidence of political motivation, including statements made publicly by the recent Chairman of the Lithuanian Supreme Court calling Judge Venckiene “an abscess in the judicial and the political system,” and “the trouble of the whole state.” Several witnesses argued forcefully that these and other actions by Lithuanian authorities demonstrate blatant political motivation.  Dr. Vytautas Matulevicius, a member of the Seimas from 2012 to 2016 for the anti-corruption political party led by Judge Venckiene said, “...[T]he case of N. Venckienė itself can be regarded as a typical recurrence of the Soviet legal system—a person who talks too much about the crimes of influential people can be turned into a criminal herself.”  Human rights litigator Abbe Jolles calling Judge Venckiene’s extradition to a system with “no chance of a fair trial” a “likely death sentence.” The hearing examined other lenses through which to view the legal case for extradition. Law Professor Mary Leary explored the definitions of human trafficking established by Trafficking Victims Protection Act of 2000 (P.L. 106-386) and by the Palermo Protocol. She advised that [as has been alleged], “if evidence exists that the abusers provided financial and other benefits to the mother of the child victim, this child sexual abuse could also implicate child sex trafficking.”    Concerns were also raised about the humanitarian standards of the Lithuanian prison system. As Ms. Jolles noted, several countries have previously refused Lithuanian extradition requests over concerns of unacceptable conditions and the possibility of torture.  In addition, the United States cited Lithuania in a 2017 report for prison conditions below international standards. The litany of charges against Judge Venckiene that have been added and subtracted was also considered. In particular, the legitimacy of the charge of assaulting a police officer during the seizure of her niece was questioned.  It remains unclear why Lithuanian prosecutors did not arrest Judge Venckiene while she was living in Lithuania for a year after the alleged assault, or why they would have allowed an alleged felon to immigrate to the United States and reside there for over two years before eventually filing for her extradition.  This, again, suggested the possibility of political motivation behind the charges. The Government of Lithuania was invited to participate in the hearing, or to suggest a witness to represent its perspective, but declined. Instead, the Embassy of Lithuania provided a written statement.

August 2018 marks the ten-year anniversary of Russia’s invasion of the territories of South Ossetia and Abkhazia in Georgia. A decade on, one-fifth of Georgian territory remains under Russian occupation. During this hearing, expert witnesses explained what is occurring behind the Russian-imposed internal administrative boundary lines in occupied Georgia, as well as the implications of the continued occupation for U.S. interests and international security. The witnesses discussed potential actions and strategies that the United States and its allies can take to restore the territorial integrity of Georgia and respect for its sovereignty. Russia enforces its occupation through a large military deployment and, in concert, with de facto Ossetian and Abkhaz authorities, prevents NGOs and monitoring missions from entering the occupied regions. Despite the displacement of tens of thousands of ethnic Georgians as a result of the 2008 war, many thousands continue to reside in the territories where they face discriminatory policies aimed at marginalizing Georgian culture, including strict restrictions on Georgian language instruction in schools. Russian authorities continue to engage in what has been termed “creeping annexation” through the incremental advancement of the razor wire administrative line deeper into Georgian territory. Border crossings remain incredibly perilous for Georgians wishing to reach family, property, and communities on the other side of the occupation line. These travelers regularly face arbitrary detention, kidnapping, and sometimes death. De facto authorities do not launch credible investigations into the suspicious death of Georgians in their custody, contributing to an overwhelming climate of impunity. In their opening statements, U.S. Helsinki Commissioners affirmed the bipartisan, bicameral commitment in the U.S. Congress to Georgia’s territorial integrity and NATO. Commission Chairman Roger Wicker and Ranking Member Ben Cardin noted their joint introduction of Senate Resolution 106 that affirms the territorial integrity of Georgia and Senate Resolution 557, which expresses the strategic importance of NATO to U.S. security. All witnesses agreed that Georgia should be admitted to NATO as it has met or exceeded the benchmarks of a prospective member state. They recalled the alliance’s failure at its 2008 Bucharest Summit to extend membership invitations to Georgia and Ukraine that effectively signaled to Moscow NATO’s wavering commitment to the defense of these countries. Georgian Ambassador to the United States, David Bakradze, described his country’s readiness to join the alliance. In addition to its concrete commitment of troops to NATO missions, Georgia already spends more than 2% of its GDP on defense, he said. He further cited positive Georgian public opinion towards NATO as well as his government’s strategic orientation toward the West. Damon Wilson of the Atlantic Council and Luke Coffey of the Heritage Foundation agreed in their assessment that Russia’s occupation of Georgia should not give the Kremlin a veto over Tbilisi’s accession to the alliance. They both recommended a change to NATO’s practice of not inviting states with ongoing territorial disputes.

From 1969-1999, political violence shook Northern Ireland in a time known as “The Troubles,” and by its end, nearly 3,500 people died. Through negotiations between the Governments of Ireland and the United Kingdom, as well as with political parties from Northern Ireland, an agreement was reached, bringing an end to hostilities. On April 10, 1998, their settlement was signed, and is remembered as the Good Friday Agreement. As the United States celebrates twenty years of compliance of this landmark agreement, the anniversary also brings a moment of honest reflection. Full implementation of this agreement has been challenging and certain aspects remain unfulfilled. There are still concerns regarding devolved government, police reforms and accountability for past abuses. The hearing, held on March 22, 2018, was convened in order to commend the achievements of the Agreement and to bring to light aspects of the Agreement that have not been fully implemented, including state collusion in the crimes of paramilitaries. It featured testimony from Brian Gormally, Director of the Committee on the Administration of Justice; Judge James F. McKay III, President of Ancient Order of Hibernians; and Mark Thompson, Director of Relatives for Justice. Congressman Chris Smith opened by informing the witnesses and guests of the Hearing of a resolution he introduced in the House, H. Res. 777, calling for a recommittal of the United States, the British, and all parties—including the Republic of Ireland—to the peace process Ranking Member Senator Ben Cardin expressed his ongoing support of the spirit embodied by the Agreement, saying that, it represented “the best of the Helsinki principles” and urged the maintenance of its terms through Brexit negotiations. Representative Brenan Boyle, condemned remarks from London that suggested the Good Friday Agreement wasn’t meant to be permanent. Boyle reaffirmed American support and claimed, “That there is absolutely zero support in Washington, D.C. for going back to the days of pre-Good Friday Agreement.” Brian Gormally, the first witness to testify, outlined what he and his organization consider the main area of ongoing human rights violations, though it is not addressed fully by the Agreement. Impunity for past crimes, Gormally said, has left victims dying “without seeing justice, or even serious attempts to achieve it.” Such nonchalance by the British government and security forces have undermined society, threatened the peace process and erode faith in the rule of law. The second witness to testify, Judge James McKay, reminded the Commissioners of the close relationship between the United States and Ireland, and thus, why the United States is such a strong and vocal stakeholder in the Agreement’s continuance. He stated that the AOH understands the importance that the issue of identity weighs on individuals, and that understanding leads them to believe the best way of mitigating identity and legacy issues is through a special, third party envoy. The final speaker, Mark Thompson, was then yielded the floor. He emphasized how much international forums such as this one resonated with the families and communities affected by this conflict, as well as non-government organizations seeking the promotion and protection of human rights. Congressman Smith then returned to the issue of developing a special envoy. Judge McKay and Mr. Thompson were in agreement that such an envoy would be a much-needed impetus to “move things forward,” as Mr. Thompson said. The hearing gave considerations regarding the case of Pat Finucane. Judge McKay remarked upon the two standards held by London and Belfast. “I’m sure if Pat Finucane were murdered on the streets of London in the same manner,” he said, “this would have been headlines and inquiries going on within three or four months.” In closing, Judge McKay offered his thanks to Congressman Smith for the drafting and introduction of House Resolution 777, and offered the assistance of his organization to back its passing. Mr. Thompson concluded that with Brexit on the horizon, “it would be timely to have a U.S. intervention.” Mr. Gormally emphasized that “the guiding principle before and since the Good Friday Agreement is to implement human rights standards.”

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

The world is locked in a struggle between the rule of law and corruption. On the one side are democratic governments that respect the rule of law; on the other, authoritarian regimes that steal with impunity and view the rule of law with disdain. Sadly, the former enables the latter by providing a safe haven for stolen assets. Once laundered, this ill-gotten money is used to finance crime and terrorism, corrupt public institutions, and fund criminals’ luxurious lifestyles. The OSCE, NGOs, and national governments have emphasized incorporation transparency as an effective way to combat global corruption. The EU has been at the forefront of this effort, enacting rules that require Member States to maintain registers of the beneficial owners of companies and other structures associated with laundering the proceeds of crime. This hearing examined the development of the EU’s beneficial ownership transparency provisions as well as the success of their implementation as relates to corruption as a vector for authoritarian influence in Europe. Witnesses also addressed transparency and anti-money laundering policies in the United States as they relate to U.S. foreign policy.

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.”

  The civil war in Syria, which began in early 2011 and since spread into Northern Iraq has devastated both countries. Estimates of the number of people who have died during Syria's civil war since March 2011 range from 250,000 to 470,000. In Iraq, the estimated range is between 19,000 and 41,650 deaths since January 2014. The people living in these regions have been subjected to an extensive list of atrocities  including genocide, crimes against humanity, and war crimes. Thosands of refugees have fled Iraq and Syria to seek refuge in the OSCE region. The desperate situation in these areas has resulted in the worst refugee crisis since World War II. With the war in Iraq and Syria showing little signs of abating the danger for vulnerable groups in these countries continues to worsen.  This hearing examined the current situation in Iraq and Syria regarding the persecution of religious and ethnic minorities, and looked at how the United States and the international community can best help protect persecuted people in this region and ensure that perpetrators of genocide and related crimes in Iraq and Syria are punished. It featured witnesses from CIJA, the former Ambassador-at-Large for War Crimes Issues, and leaders from the Catholic community. “The atrocities in Iraq and Syria have been so horrible, for so long, with so little action from the Administration, that it has been difficult to hope. Nevertheless, when [Secretary Kerry] declared genocide, we dared to hope that finally the Administration would hear the voices of the victims and act. Instead, the Administration has said the right words and done the wrong things,” said Helsinki Commission Chairman Chris Smith (NJ), “When the Executive Branch fails to acts, then Congress must require it to act. That is why I recently authored and introduced the bipartisan Iraq and Syria Genocide Relief and Accountability Act of 2016, with Representative Anna Eshoo as my lead cosponsor."  Witnesses discussed ways to support religious and ethnic communities that have survived such atrocities. In addition, they encouraged the U.S. to fund the criminal investigation, prosecution, and conviction of the perpetrators, and identified gaps in U.S. criminal statutes that make it difficult to prosecute Americans or foreigners in the U.S. who have committed such crimes. Former U.S. Ambassador-at-Large for War Crimes Issues David Scheffer said, “H.R. 5961 demonstrates an undeniable logic: the survivors of genocide, crimes against humanity, and war crimes in Iraq and Syria merit the fullest possible assistance of our government, including consideration of admission of victim refugees to the United States.” “The perpetrators of atrocity crimes not only in Iraq and Syria but elsewhere in the world should be subject to investigation and prosecution,” Scheffer continued. “Federal jurisdiction over crimes against humanity and war crimes remains non-existent or very limited…it is a raw fact that the United States is currently a sanctuary for alien perpetrators of crimes against humanity or war crimes.” “The Iraq and Syria Genocide Relief Act [is] a much needed, not to mention overdue, piece of legislation,” said Chris Engels, deputy director of the Commission for International Justice and Accountability. “Criminal investigations done contemporaneously with the criminal acts are essential to ensuring later accountability. Otherwise, as we have seen in the past, evidence is lost and those responsible for these mass human rights violations go unpunished.” Witnesses also highlighted the humanitarian vulnerabilities and lack of assistance that force the survivors to flee their homes and recommended ways to support entities effectively serving genocide survivors in-country, including faith-based organizations. Steve Rasche, legal counsel and director of resettlement programs for the Chaldean Catholic Archdiocese of Erbil, noted, “Since August 2014, other than initial supplies of tents and tarps, the Christian community in Iraq has received nothing in aid from any U.S. aid agencies or the UN. When we have approached any of these entities regarding the provision of aid assistance …we have been told that we have done too well in our private efforts…every morning we wake up and rob six Peters to pay 12 Pauls.” “The current policy prioritizes individual needs but does not consider the needs of vulnerable communities,” said Carl Anderson, Supreme Knight, Knights of Columbus. “On one hand, we have the unanimous policy of the elected branches of the United States Government stating that a genocide is occurring. On the other hand we have an aid bureaucracy that is allowing the intended consequence of the genocide to continue, even though it is in our power to stop it.” Bill Canny, executive director for migration and refugee services at the United States Conference of Catholic Bishops (USCCB), said, “We are gravely concerned by the small number of religious minorities who have been resettled in the United States during the current fiscal year.” “It is unclear at the time of this writing precisely why the percentage of Syrian Christians, who have been registered as refugees or resettled in the United States as refugees, is so low,” Canny continued. USCCB resettles more refugees annually in the U.S. than any other agency. Chairman Smith was joined at the hearing by a bipartisan group of lawmakers, including Helsinki Commission Co-Chairman Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Commissioners Rep. Joe Pitts (PA-16) and Rep. Alan Grayson (FL-09).