Title

Human Rights at Home: Media, Politics, and Safety of Journalists

Thursday, July 23, 2020
11:00am
United States
Members: 
Name: 
Representative Steve Cohen
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Representative Marc Veasey
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Senator Sheldon Whitehouse
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Representative Sheila Jackson Lee
Title Text: 
Member
Body: 
U.S. House of Representatives
Witnesses: 
Name: 
Christiane Amanpour
Title: 
Chief International Anchor, CNN-PBS
Body: 
Goodwill Ambassador for Freedom of Expression and Journalist Safety, UNESCO
Name: 
David Kaye
Title: 
Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression, United Nations
Body: 
Clinical Professor of Law, University of California – Irvine
Name: 
Dr. Courtney C. Radsch
Title: 
Advocacy Director
Body: 
Committee to Protect Journalists

According to the U.S. Press Freedom Tracker, there have been nearly 500 reported press freedom violations since the beginning of the Black Lives Matter protests in the United States on May 26. In many cases, reporters have been injured, harassed, or arrested even after explicitly identifying themselves as members of the press. In addition, leadership changes at the U.S. Agency for Global Media, which oversees networks like Voice of America and Radio Free Europe/Radio Liberty that provide credible, unbiased information to audiences around the world, have generated concern about the ability of the agency to carry out its mission and host international journalists.

On July 23, 2020, the Helsinki Commission held a hearing on “Human Rights at Home:  Media, Politics, and the Safety of Journalists,” to assess the state of media freedom and the safety of journalists in the United States today. The online hearing was held in compliance with H.Res.965, which provides for official remote proceedings during the COVID-19 pandemic.

Witnesses included Christiane Amanpour, Chief International Anchor at CNN-PBS and UNESCO’s Goodwill Ambassador for Freedom of Expression and Journalist Safety; David Kaye, UN Special Rapporteur on the Promotion and Protection of the Right to Freedom of Opinion and Expression and Clinical Professor of Law at University of California, Irvine; and Dr. Courtney Radsch, Advocacy Director for the Committee to Protect Journalists (CPJ).

Commissioner Rep. Steve Cohen (TN-09), who chaired the hearing, said in his opening statement, “Freedom of the press is not only enshrined in the U.S. Constitution, but a founding commitment to the international organizations that the United States has led to shape like the OSCE and the United Nations. The Helsinki Commission is mandated to monitor compliance with human rights and democracy commitments across 57-nation region of the OSCE, including the United States itself. As a country and a Congress, we should hold the United States to the highest standard for compliance with international press freedom commitments.”

Helsinki Commissioners Sen. Sheldon Whitehouse (RI) and Rep. Marc Veasey (TX-33) joined the proceedings, along with Rep. Sheila Jackson Lee (TX-18), a member of the U.S. delegation to the OSCE Parliamentary Assembly.

Christiane Amanpour spoke from her personal experience as a journalist, saying, “I have seen the difference between truth and lies and what it means. It means the difference between democracy and dictatorship.”

Ms. Amanpour referenced arrests of journalists across the country during the protests, including the arrest of her CNN colleagues, Omar Jimenez and other crew members, in Minneapolis. Ms. Amanpour urged Helsinki Commissioners to “listen closely to civil society organizations that are monitoring and tracking violations in the United States and providing clear policy recommendations.”

David Kaye testified that from his assessment, “law enforcement at the federal, state, and local levels have repeatedly interfered with the rights of the press.” He highlighted the obligation of police to avoid use of force, the responsibility of public officials to enforce protections of the press, the necessity of demilitarizing law enforcement.

On the subject of the recent dismissals by CEO Michael Pack at the U.S. Agency for Global Media (USAGM), Mr. Kaye said that it was difficult to see it as anything other than “an attempt to undermine the independence of these agencies and to bring them under political influence.”

Mr. Kaye also discussed the threats to media worldwide during the COVID-19 pandemic, including intimidation of and attacks on journalists, restrictions of space for reporting, lack of access for foreign reporters, and arbitrary detentions.

He concluded by recommending that the United States “return to the institutions of global human rights, such as the Human Rights Council, and as part of that reconsider its historic resistance to global monitoring of U.S. human rights behavior.”

In her testimony, Courtney Radsch emphasized the sheer scale of violence against journalists since the beginning of the nationwide protests, which she described as “unparalleled.”

Referring to a recent Committee to Protect Journalist’s report on the current Trump administration and press freedom, Dr. Radsch said that CPJ found that the administration has “regularly attacked the role of an independent press, stepped up prosecution of news sources, interfered in the business of media owners, and empowered foreign leaders to restrict their own media.”

Dr. Radsch also commented on recent reports that the U.S. Agency for Global Media may restrict visas for foreign journalists working for USAGM in the United States. She warned that “if they lose their visas, repatriated journalists could face retribution for their critical reporting.”

While commending the commission for holding a hearing on this subject, Dr. Radsch said that more needs to be done. CPJ’s recommendations include for officials at all levels of government to provide data about the recent incidents of anti-press violence, to investigate any reported attacks, and to hold perpetrators to account.

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  • Remember Their Names: Eight Journalists Killed in the OSCE Region in 2018

    By Teresa Cardenas, Max Kampelman Communications Fellow Jan. Maksim. Zack. Gerald. John. Rob. Wendi. Rebecca. These are the names of journalists who have been killed in the OSCE region so far this year, according to reports from the Committee on Protecting Journalists (CPJ). This list includes journalists from Slovakia, Russia, and the United States, the latter reaching its record-high since CPJ began tracking journalist deaths in 1992. Beyond these eight, 49 individuals around the world—journalists, photographers, cameramen, editors, and other workers in media organizations—were killed in 2018. Ten were killed during a dangerous assignment or got caught in crossfire. Twenty-five people were murdered. In 14 cases, the motives behind the killings are still unknown. These numbers will likely grow between now and the end of 2018. CPJ’s report has yet to include the recent execution of three investigative reporters from Russia in the Central African Republic, or the brutal murder of Moscow reporter Denis Suvorov earlier in July. The Helsinki Final Act recognizes the freedom of the media—including the protection of journalists—as a fundamental human right. Media freedom is a primary focus of the September 2018 Human Dimension Implementation Meeting of OSCE participating States. Jan Kuciak (Slovakia) Kuciak was an investigative journalist for Aktuality.sk, a Slovakian news website reporting on government tax fraud, until he and his fiancée were killed, execution-style, on February 21, 2018. He covered tax evasion at the highest levels of government and reported on the Italian mafia’s dominating influence in Slovakia. His final report—completed by colleagues—revealed a complex web of connections between government officials and a syndicate of the Italian mafia and accused the network of conspiring to steal funds from the European Union. This report is seen by many as the cause of his and his fiancée’s brutal murders. Kuciak was the first Slovak journalist to be killed because of his profession since the country’s independence in 1993. His murder led to widespread protests in Slovakia and the Czech Republic, followed by the resignations of the Slovak prime minister and other government officials. As of August 8, 2018, no one has been charged in connection to his murder. Kuciak’s death was one of the two journalists at the center of Helsinki Commission briefing, A Deadly Calling. Maksim Borodin (Russia) A 32-year-old Russian journalist based in Yekaterinburg, Borodin wrote about corruption before falling from a fifth-floor balcony on April 12, 2018. Shortly before his death, Borodin had reported on the Wagner Group, a Russian paramilitary group that has reportedly been active in Syria and Ukraine. Four months later, three Russian journalists were killed while investigating the alleged presence of the Wagner Group in the Central African Republic. Though the circumstances of his death remain murky, Borodin reported on clandestine and secretive military issues, thus leaving the circumstances around his death suspicious. CPJ reports his death fits a pattern similar to the deaths of other Russia journalists who covered particularly sensitive issues that had a potential of repercussions from authorities. No one has been charged in connection with his murder. Zachary “ZackTV” Stoner (United States) Zack Stoner, appearing on social media as “ZackTV,” was a Chicago-based YouTube persona who interviewed local up-and-coming rappers and hip-hop artists. He was well-recognized within his community, and his death shocked his audience and the subjects of his interviews. Assailants shot and killed Stoner as he was driving away from a concert on May 30, 2018. Stoner was known for investigating news ignored by more traditional media and covering issues that lacked visibility in Chicago. One of his most notable stories was the mysterious death of Kenneka Jenkins, a 19-year-old from Chicago whose body was found in a hotel freezer. Stoner was the first slain American journalist of 2018. No motive has emerged for his murder and no arrests have been made in the case. Gerald Fischman (United States) Fischman was one of five employees of the local Annapolis, Maryland newspaper, The Capital Gazette, who were murdered after a gunman opened fire in their newsroom on June 28, 2018. A columnist and editorial page editor with a shy demeanor and quick wit, Fischman worked for The Capital Gazette for more than 25 years and received numerous awards for his reporting. Prior to joining the paper, he studied journalism at the University of Maryland and worked at The Carroll County Times and The Montgomery Journal. Gunman Jarrod Ramos, targeted the Capital Gazette newsroom following a dispute over a 2011 article detailing his arrest and subsequent probation for harassing former high school classmates on social media. He has pleaded not guilty to charges of murder and attempted murder. John McNamara (United States) Another of the five victims of The Capital Gazette shooting in Maryland, McNamara covered local sports for nearly 24 years, and was an editor and reporter for The Capital’s regional publication, The Bowie Blade-News. An avid sports fan, he wrote two books about the history of football and men’s basketball at his alma mater, the University of Maryland. According to the Baltimore Sun, was in the process of writing a book about professional basketball players who were raised in the DC metro area when he died. Rob Hiaasen (United States) Hiaasen, a journalist and editor for The Capital Gazette, had a long and illustrious career in North Carolina, Florida, and Maryland. Primarily a feature writer, he became a local columnist when he joined The Capital Gazette in 2010. He also taught at the University of Maryland’s Philip Merrill School of Journalism, where he mentored young and aspiring journalists. He wrote stories about anything and everything local: a homeless man who passed away, and how the community planned a proper burial; an inmate on death row who was the first person to be released from prison due to DNA evidence; a Florida dentist who passed HIV onto his patients, one of the first signs of clinical transmission of the disease; and more. Wendi Winters (United States) Winters, a fashion-professional-turned-journalist, worked in the Annapolis area for 20 years until her murder in 2018. Starting out as a freelancer journalist for The Capital Gazette, she immersed herself into her community and became locally known for being the go-to contact on covering stories on a short notice. According to the Baltimore Sun, she wrote more than 250 articles each year. One of her most notable stories was one she did not write, but lived. According to fellow reporters and sales assistants at The Capital Gazette, Winters charged the gunman in the middle of his rampage. Her actions might have saved the lives of the six survivors. Rebecca Smith (United States) Smith, a recently hired sales associate at The Capital Gazette, was the only non-journalist employee of a media organization killed in the OSCE region in 2018 to date. Her colleagues considered her an asset to their team after only working for the publication for seven months. She is remembered as being a kind, thoughtful, and generous friend, and fiercely dedicated to her family.

  • Helsinki Commission Chairman Concerned about Recent Harassment of Independent Belarusian Media

    WASHINGTON—Following the recent raids on editorial offices of independent Belarusian media outlets and the detention of several journalists, Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: “The people of Belarus have a right to know what is really happening in their country. Journalists who risk their personal safety to challenge the state-run media narrative provide an important public service, and President Lukashenka’s deliberate targeting of independent news outlets is an affront to the rights of the whole population. The Belarusian authorities should release the journalists they have detained and cease harassing those who dedicate their lives to uncovering and sharing the truth.”  The commission has been outspoken in championing democracy and human rights in Belarus, having held the overwhelming majority of Congressional hearings, public briefings, and meetings that have taken place on Belarus. A congressional delegation (CODEL) to the 2017 OSCE Parliamentary Assembly summer meeting, hosted by Minsk, met with both President Lukashenka and the democratic opposition, and was the largest CODEL ever to visit Belarus.

  • Hearing points to Putin’s role in Russian doping scandal

    WASHINGTON (AP) — Supporters of a bill that would make international sports doping a crime argued Wednesday that the legislation would deter scandals like Russian state-sponsored drug use at the 2014 Sochi Olympics. Yulia Stepanova, a Russian former track athlete who became a whistleblower about the drug program, said at a congressional hearing that ending doping in her country would have to “start from the top” — with Russian President Vladimir Putin himself. The bill was named for Dr. Grigory Rodchenkov, the Russian lab director who exposed the cheating in Sochi. Rodchenkov has said the doping stemmed from Putin’s command to his sports ministry to “win at any cost.” Several European countries have passed similar legislation. The bill being considered in the House is stronger because it would allow the United States to police doping that occurs outside its borders. U.S. and foreign athletes would be subject to the law if competing in an event that includes four or more U.S. athletes and athletes from three or more countries. The bill has bipartisan support but has yet to be introduced in the Senate, and its prospects for approval are unclear. The hearing occurred while, in the same Senate office building, Secretary of State Mike Pompeo was questioned by lawmakers who accused President Donald Trump of being too soft on Putin. While the president has made conflicting claims about the extent of Russian interference in the 2016 election, the hearing on doping turned attention back to other ways in which Putin’s actions have brought scorn from the international community. In written testimony, Rodchenkov and Stepanova said that those who participated in the doping program were essentially following orders, fearing that to refuse or speak out would mean the end of their careers, or possibly even lead to their deaths. “You will lose your job, your career and even fear for the safety of you and your family,” Stepanova said. “You will be called a liar and a traitor if you stand up against the system that unfortunately still exists in Russia today.” Asked by Democratic Rep. Sheila Jackson Lee of Texas how to end Russian doping, Stepanova said, “It should start from the top because if it started from the top, they ... would stop doping.” “If Mr. Putin had a different attitude and expressed that, it would stop?” Jackson Lee asked. “Yes, I think so,” Stepanova said. Rodchenkov did not attend the hearing, but his attorney, Jim Walden, said he and his client believe Putin needs to be held accountable. “There are some in our government who refuse to confront Russia for its abject criminality,” Walden said. “Doping fraud is one more example of the gangster state that Vladimir Putin has created in Russia.” The hearing also featured emotional testimony from Katie Uhlaender, who finished fourth in skeleton — by four hundredths of a second — in Sochi to Elena Nikitina of Russia. Nikitina’s bronze medal was later stripped for suspected doping before the Court of Arbitration for Sport restored it on the eve of the Pyeongchang Olympics. Uhlaender feels that she was unfairly denied a medal twice, although it’s still possible she could prevail on appeal. “My moment was stolen,” Uhlaender said through tears. “A line was crossed. It erased the meaning of sport and the Olympics as I knew it.” Travis Tygart, CEO of the U.S. Anti-Doping Agency, said he would continue trying to persuade Congress to address international doping and called on the corporations that sponsor the Olympics to join the effort. “If the governments of the world aren’t going to step up and do something about it, where are the corporations? They’re profiting off the backs of these athletes,” Tygart said. “I think it all it would take would be a couple phone calls from them to get this situation fixed and cleaned up. But where are they? They’re sitting there counting the money.”

  • Maine native honored that Russia wants to interrogate him

    A Maine native is on the list of U.S. officials that Russian President Vladimir Putin says he’d like his prosecutors to interrogate. Old Town native and former U.S. House committee staffer Kyle Parker helped draft sanctions against Russians suspected of human rights violations. Parker tweeted Tuesday he was “honored” to make Putin’s list. Congress passed 2012 sanctions following Russian lawyer Sergei Magnitsky’s death in prison after exposing a tax fraud scheme involving Russian officials. The White House Thursday said Trump “disagrees” with Putin’s offer to allow U.S. questioning of 12 Russians who have been indicted for election interference. Putin in exchange wanted Russian interviews with the former U.S. ambassador to Russia and other Americans the Kremlin accuses of unspecified crimes. Trump initially had described the idea as an “incredible offer.”

  • What’s really behind Putin’s obsession with the Magnitsky Act

    Standing by President Trump’s side in Helsinki for their first bilateral summit, Russian President Vladimir Putin made what Trump described as an “incredible” offer: He would help U.S. investigators gain access to Russian intelligence officers indicted for the 2016 election hacking, on one small condition. “We would expect that the Americans would reciprocate and they would question [U.S.] officials … who have something to do with illegal actions on the territory of Russia,” Putin said, producing the name to indicate what actions he had in mind: “Mr. Browder.” Bill Browder, an American-born financier, came to Russia in the 1990s. The grandson of a former general secretary of the Communist Party USA, Browder by his own admission wanted to become “the biggest capitalist in Russia.” He succeeded and was for a decade the country’s largest portfolio foreign investor. Whatever the sins of Russia’s freewheeling capitalism, Browder’s real crime in the eyes of the Kremlin came later, after he had been expelled from Russia in 2005. In 2008, his Moscow lawyer, Sergei Magnitsky, uncovered a tax scam involving government officials that defrauded Russian taxpayers of $230 million. He did what any law-abiding citizen would, reporting the crime to the relevant authorities. In return, he was arrested and held in detention without trial for almost a year. He was beaten and died on Nov. 16, 2009, at Moscow’s Matrosskaya Tishina prison under mysterious circumstances. Officials involved in his case received awards and promotions. In a chilling act worthy of Kafka, the only trial held in the Magnitsky case was a posthumous sentencing of himself — the only trial against a dead man in the history of Russia. It was then that Browder turned from investment to full-time advocacy, traveling the world to persuade one Western parliament after another to pass a measure that was as groundbreaking as it would appear obvious: a law, commemoratively named the Magnitsky Act, that bars individuals (from Russia and elsewhere) who are complicit in human rights abuses and corruption from traveling to the West, owning assets in the West and using the financial system of the West. Boris Nemtsov, then Russia’s opposition leader (who played a key role in convincing Congress to pass the law in 2012), called the Magnitsky Act “the most pro-Russian law in the history of any foreign Parliament.” It was the smartest approach to sanctions. It avoided the mistake of targeting Russian citizens at large for the actions of a small corrupt clique in the Kremlin and placed responsibility directly where it is due. It was also the most effective approach. The people who are in charge of Russia today like to pose as patriots, but in reality, they care little about the country. They view it merely as a looting ground, where they can amass personal fortunes at the expense of Russian taxpayers and then transfer those fortunes to the West. In one of his anti-corruption reports, Nemtsov detailed the unexplained riches attained by Putin’s personal friends such as Gennady Timchenko, Yuri Kovalchuk and the Rotenberg brothers, noting that they are likely “no more that the nominal owners … and the real ultimate beneficiary is Putin himself.” Similar suspicions were voiced after the publication of the 2016 Panama Papers, which showed a $2 billion offshore trail leading to another close Putin friend, cellist Sergei Roldugin. Some of the funds in his accounts were linked with money from the tax fraud scheme uncovered by Magnitsky. Volumes of research, hours of expert testimony and countless policy recommendations have been dedicated to finding effective Western approaches to Putin’s regime. The clearest and the most convincing answer was provided, time and again, by the Putin regime itself. It was the Magnitsky Act that Putin tasked his foreign ministry with trying to stop; it was the Magnitsky Act that was openly tied to the ban on child adoptions; it was the Magnitsky Act that was the subject of the 2016 Trump Tower meeting attended by a Kremlin-linked lawyer; it is advocating for the Magnitsky Act that may soon land any Russian citizen in prison. It was the Magnitsky Act that Putin named as the biggest threat to his regime as he stood by Trump’s side in Helsinki. After the Trump-Putin meeting, the Russian Prosecutor-General’s Office released the names of U.S. citizens it wants to question as supposed associates of Browder. The list leaves no doubt as to the nature of the “crime.” It includes Michael McFaul, senior director for Russia policy at the Obama White House and later U.S. Ambassador in Moscow who oversaw the “compiling of memos to the State Department … on the investigation in the Magnitsky case.” It includes David Kramer, former assistant secretary of state in the George W. Bush administration, who, as president of Freedom House between 2010 and 2014, was one of the most effective advocates for the Magnitsky Act. Perhaps most tellingly, it includes Kyle Parker, now chief of staff at the Commission on Security and Cooperation in Europe, who, as the lead Russia staffer at the commission, wrote the bill that subsequently became the Magnitsky Act. Vladimir Putin has left no doubt: The biggest threat to his regime is the Magnitsky Act, which stops its beneficiaries from doing what has long become their raison d’être — stealing in Russia and spending in the West. It is time for more Western nations to adopt this law — and for the six countries that already have it to implement it with vigor and resolve.

  • Hedge-Fund Manager Bill Browder Says Putin’s Call-Out Helps His Cause

    The comments made by Russia President Vladimir Putin targeting William Browder are boosting the hedge-fund manager’s efforts to get more countries to impose sanctions on Russia. Mr. Browder, who was born in the U.S. but is a U.K. citizen, has been a thorn in Russia’s side for nearly a decade; he has spent much of that time crisscrossing the globe exposing Russian corruption and punishing Russian officials who he blamed for the 2009 death of his lawyer, Sergei Magnitsky. Starting with the U.S., Mr. Browder has successfully lobbied seven countries to pass laws invoking Mr. Magnitsky’s name that impose sanctions on Russian human-rights abusers. He said in an interview with Risk & Compliance Journal on Thursday that the comments made by Mr. Putin in Helsinki will “increase the probability” that the eight countries he is working with now — France, Germany, Holland, Sweden, Denmark, Australia, South Africa and Ukraine — will impose their own measures. The comments by Mr. Putin answer one of the key questions countries ask, which is whether these sanctions will work, he said. “It’s so important to him to not have [the sanctions] that he’s willing to bring it up in his summit with the most powerful man in the free world,” said Mr. Browder, referring to the summit between President Donald Trump and Mr. Putin. The U.S. Magnitsky Act, signed in 2012, targets human-rights abusers in Russia. The U.S. passed another law in 2016, the Global Magnitsky Act, that authorizes sanctions against human rights abusers across the world, as well as those accused of grand corruption. A U.S. Treasury Department spokesman said that Washington has put sanctions on 51 Russian and Russia-related targets under the two laws since their implementation. “Under this administration, Treasury has consistently confronted Russian activities that threaten our institutions, our interests or our allies,” the spokesman said. Lawmakers have approved of the U.S. handling of Russia sanctions targeting human-rights abuse. “The Magnitsky sanctions are clearly making an impact on Putin and his inner circle,” said Sen. Roger Wicker (R., Miss.). Mr. Browder praised the U.S. effort, saying the Magnitsky Act sanctions have been used “quite effectively” by both the Obama and Trump administrations. He said the Trump administration has added high-value targets to the Russia-only list, and that the global list is “a rogues gallery” of the corrupt and violent. “There will be huge pressure to add many more names to the list” in the wake of Mr. Putin’s remarks, he said. Mr. Putin mentioned Mr. Browder at a press conference Monday following a summit with Mr. Trump, suggesting that the U.S. could hand over Mr. Browder and other targets of Russian investigations in exchange for Moscow’s help with the U.S. special counsel’s probe. Mr. Trump initially seemed open to the idea, but the White House Thursday turned it down and the U.S. Senate unanimously rejected the Russian president’s gambit. A Russian court sentenced Mr. Browder in absentia last December to nine months in prison after convicting him of deliberate bankruptcy and tax evasion; Mr. Browder has called the trial a farce and maintains his innocence. Mr. Browder, however, is a U.K. citizen and runs Hermitage Capital Management from London. In the interview, Mr. Browder said the U.K. has rejected 12 Russian requests to interrogate or extradite him and that Interpol has rejected six Russian requests for his arrest, citing political motivation. “The world is now seeing firsthand what I’ve been experiencing for five years,” Mr. Browder said. “The level of danger is no greater or no lesser than it was over the last five years.”

  • Inside the Turkish Election

    By: Everett Price, Senior Policy Advisor With Contributions from Scott Rauland, Senior State Department Advisor On June 24, Turkey held its first presidential and parliamentary elections since the passage of controversial constitutional amendments last year that began Turkey’s transformation from a parliamentary to a presidential system. The victors in this election are to preside over the transition to this new form of government and begin to shape the operation of its revamped institutions. In accordance with its commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE), Turkey formally invited the OSCE to observe the vote. This invitation paved the way for the OSCE’s first-ever full-scale deployment of election observers to Turkey. Although the OSCE observed previous elections in Turkey—including last year’s constitutional referendum—it had never done so with a full complement of hundreds of short-term observers that deploy all over the country to record their observations on election day. In the absence of short-term observers, OSCE observation missions rely primarily on a smaller cohort of long-term observers who spend as much as a month in the country monitoring every dimension of the campaign period and balloting. (Learn more about OSCE election observation.) Altogether, the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) deployed 22 long-term observers and more than 300 short-term observers to observe the election across the country. Most STOs are drawn from cadres of experienced volunteers offered by individual OSCE participating States. In addition, the parliamentary assemblies of the OSCE (OSCE PA) and Council of Europe (PACE) contributed 72 and 32 members of parliament and parliamentary staff, respectively, to serve as STOs. The U.S. Helsinki Commission regularly participates in OSCE PA election observation missions. What follows is a first-person account from two U.S. Helsinki Commission staff who served as short-term observers during the Turkish elections. These observations are not an authoritative account of the conduct of the Turkish election, however. Readers interested in such an account should review the OSCE’s official statement of preliminary findings and conclusions. In the days before the election, experts from the OSCE’s ODIHR and the OSCE PA organize a series of in-depth briefings in Ankara to acquaint short-term observers with the context and process for the coming vote. In opening these briefings, Mr. Ignacio Sanchez Amor, a Spanish parliamentarian tasked as the special coordinator and leader of the OSCE short-term observer mission, noted numerous ways in which this election was exceptional. Turks would be voting under a nearly two-year-old state of emergency imposed by the government following a failed coup attempt in July 2016. The state of emergency gave Turkish President Erdogan sweeping powers to rule by decree and authorized provincial governors to curtail basic freedoms, such as the freedom of movement and freedom of assembly. Presidential decrees purged tens of thousands of civil servants from their work, shuttered over a hundred news outlets, blocked thousands of websites, and contributed to the arrest of scores of independent journalists, often on dubious national security charges. Sanchez Amor further commented that the transition to a presidential system and the country’s newly-approved election laws made this election especially complex. Most of the constitutional amendments approved in last year’s referendum would take effect after the election. The victorious presidential candidate, for instance, would be the first to assume unprecedented executive powers that international monitors and the chairman of the U.S. Helsinki Commission, Sen. Roger Wicker (MS), criticized as undermining the separation of powers. Likewise, successful parliamentary candidates would take up seats in a somewhat neutered institution that is given no say in ministerial appointments and can be unilaterally dissolved by the president. One of the constitutional amendments abolished a previous prohibition on new electoral laws taking effect less than 12 months before an election. This meant that the June election would be governed by election regulations passed in November and March that President Erdogan and his ruling Justice and Development Party (AKP) had muscled through parliament without any opposition support. Opposition leaders sharply criticized provisions in the laws that allowed the government to relocate voting locations on security grounds, loosened rules governing the police presence around polling stations, and weakened protections against election fraud by admitting ballots that are missing a required polling station stamp. Sanchez Amor also expressed concern that one of the country’s major presidential candidates had been in pre-trial detention since November 2016 and was being forced to campaign from his jail cell. This treatment of Selahattin Demirtas, the presidential candidate for the pro-Kurdish Peoples’ Democratic Party (HDP), was one of many restrictions severely disadvantaging the HDP. Campaign banners of two opposition parties stretched across a primary avenue in downtown Ankara. The briefings we received from journalists, civil society organizations, and political parties largely focused on concerns that President Erdogan and the AKP enjoyed overwhelming and unfair advantages incompatible with a free and fair democratic process. Independent journalists noted that Turkey is the world’s largest jailer of reporters with approximately 150 behind bars. They further remarked on dramatic changes in Turkey’s media landscape in recent years that had seen nine out of 10 mainstream TV channels, and most of the print media, fall under the ownership of government aligned businessmen. As a result, the ruling party benefited from nearly wall-to-wall positive media coverage. Additionally, under recent legal changes the Supreme Election Board was stripped of its ability to impose penalties on broadcasters for violating regulations that mandate equal election coverage. All opposition parties complained about Turkey’s 10 percent election threshold—the highest in the world—that requires a party to garner 10 percent of the national vote to secure seats in parliament. During this election, they feared that the ruling party would manipulate the vote to deprive the pro-Kudish HDP of a ten percent share, allowing AKP as the likely runner-up in Kurdish-dominated areas to assume the seats forfeited by HDP. This would be the AKP’s quickest route to a commanding majority in the legislature.    Opposition party leaders warned that the government could use a combination of tactics to suppress the vote for HDP, particularly in the Kurdish southeast. The government had already announced that it had invoked its new authorities to relocate and merge nearly a thousand polling stations in the southeast for security reasons, affecting more than 150,000 voters. Election authorities could also use the admission of unstamped ballots to artificially diminish HDP’s share of the vote. In addition, several briefers noted that deadly violence could be used to intimidate voters. Indeed, less than two weeks before the election a campaign-related altercation in the south left three HDP supporters dead, along with the brother of an AKP candidate for parliament. Many briefers noted that the pro-government media had cast the AKP as the victim of the melee, where in reality the fight had been instigated and escalated by the ruling party’s side. The opposition’s indictment of the fairness of the election was met by an AKP-led campaign to smear those who might tarnish perceptions of the credibility of the outcome. The OSCE observation mission was one of the targets of this campaign. The government denied two OSCE PA parliamentarians entry to the country to participate in the election observation mission, citing political opinions they had expressed in the past. A government spokesperson decried the OSCE’s interim report on the election on June 15 as “political.” Additionally, just two days before the election, Turkey’s semi-official news agency published a story citing anonymous security sources that claimed OSCE observers planned to create “chaos” in the country. It was in this climate of heightened mutual suspicion between the ruling party and the opposition, and between the government and the OSCE observation mission, that we deployed to Istanbul to undertake our election day observation. We were assigned to observe the election at precincts in and around Sisli, a mixed-income neighborhood in central Istanbul that historically supports the secular opposition. Each precinct in Turkey contains numerous voting rooms, with a maximum of 400 voters assigned to each. In all we visited nine so-called ballot box committees (BBCs) in five precincts throughout the day. Sisli delivered its largest share of votes (48.7 percent) to Turkey’s leading secular opposition party CHP in the last parliamentary election in November 2015, and overwhelmingly opposed the transformational 2017 constitutional amendments (71.8 percent). Given the district’s political profile, it was unsurprising to find observers from CHP and other secular opposition parties deployed in full force at our first precinct where we observed the opening procedures for the polls. We arrived just before 7:00 a.m. as the ballot box committee (BBC) was assembling to open the sealed election materials and prepare for voting to begin. The seven-person BBC, chaired by a civil servant and composed of bureaucrats and political party representatives, began to count and record the number of ballot envelopes and presidential and parliamentary ballots—a tally that is important for later confirming that no election materials are unaccounted for.  The mood was serious but amiable and cooperative. With a solitary exception, BBC members worked together constructively without so much as a hint of their diverging political loyalties. Soon, an NGO observer (who was accredited as a political party observer, since there is no legal framework for NGO observation) appeared with a tray of traditional Turkish tea for everyone, observers and BBC members alike. (Tea stands were ubiquitous at the entrance to polling stations, fueling weary poll workers throughout the day and contributing to a generally festive atmosphere around the otherwise dreary school buildings.)  Voters congregate outside a polling station in central Istanbul on election day. Over steaming cups of black tea, the poll workers set about the onerous task of applying the BBC’s identifying ink stamp to each of the more than 300 envelopes and presidential and parliamentary ballots—nearly 1,000 stamps in all. Every BBC we visited that morning noted that they had labored well after the polls opened to complete this cumbersome but mandatory and important process. With two of their colleagues still engrossed in stamping and the eight o’clock opening just minutes away, the BBC’s other five members forged ahead with preparations, sealing the clear plastic ballot box with a wax stamp. More or less promptly at eight, the BBC chairwoman announced the opening of the polling station.  An elderly gentleman who had already shuffled through the open doorway before the announcement immediately presented his ID to receive his ballot papers. His punctual appearance quickly revealed the disorganization of this particular BBC, which had failed to organize the somewhat convoluted voting procedure into an orderly workflow.  Voters were to hand over their identification for confirmation against the printed voter rolls and then receive two oversized ballots for president and parliament, one undersized envelope, and a stamp to mark their choices. To cast their ballots, voters entered a curtained booth, marked one choice each for parliament and president, stuffed the large sheets into the small envelope, sealed it with a lick, and emerged to drop the envelope into the ballot box. Before departing, voters returned the stamp back to the BBC, signed the voter roll, and retrieved their identification and any bags or cellphones they left behind with the BBC. Keeping track of identification cards, remembering to provide all four necessary voting materials (two ballots, envelope, and stamp), and managing the coming and going of voters proved difficult for our first BBC. In just the first twenty minutes the chairwoman twice pulled open a voting booth’s privacy curtain to locate a misplaced ID and missing stamp—an act that should rarely—if ever—occur, since it can compromise the secrecy of the vote.  This procedural dysfunction may have slowed the vote and caused undue confusion for voters, but it had negligible if any implications for the outcome of the balloting. Indeed, the majority of other BBCs we visited were capably managed and all demonstrated admirable transparency. In each classroom we visited—and they were all classrooms—the BBC chair graciously welcomed us, answered our questions, and allowed us to review the voting materials. Political party and NGO observers were common and none complained of being restricted in their work on election day. By the end of the day we had grown particularly accustomed to the sight of observers from the HDP party. These observers were almost uniformly impressive, assertive, young, and female. It became clear that what is generally described simply as a “pro-Kurdish party” has developed political purchase far beyond the Kurdish-dominated southeast, attracting many young, progressive Turks concerned with the rights of women and minorities.  Presidential and parliamentary ballots and envelopes prepared for distribution to voters. In our experience, the transparency protected by professional BBCs and capable local observers was only undermined by skittish security services who seemed uneasy about the role of international observers. Under new election laws passed earlier this year, Turkish police were allowed to patrol closer to polling stations and—for the first time—enter voting rooms at the request of any citizen. One instance of police involvement we witnessed was legal and appropriate; in several other cases it appeared to overstep the prescribed bounds. At a polling station we visited in Gultepe, a more conservative neighborhood just outside Sisli, a heated argument erupted over a poll worker who allegedly exceeded his mandate in assisting a confused voter, sparking allegations of election interference. Consistent with their mandate, the police entered on at least three occasions during the prolonged shouting match to respond to the disturbance and to remove unauthorized people who had entered the voting room. These same police entered another time to exercise their prerogative to check our credentials but departed shortly after. As the day wore on, however, our interactions with the police grew more frequent and contentious. At another polling station in Sisli, police greeted us almost immediately upon our arrival and insisted on escorting us throughout the building. When we entered a voting room to conduct our observations, the police followed us in without any discernible invitation and sat down to watch us until we were through.  Arriving at our final polling station of the day, we were stopped at the entrance to have our credentials checked against a screenshot of approved individuals the policeman had received via the encrypted messaging application, WhatsApp. He informed us that several foreigners had been caught “posing as OSCE observers” so they were under orders to apply extra scrutiny. Although we were not on his screenshot, the officer relented after a few minutes’ delay and followed us inside while respecting the rules about entering the voting room. After a short break, we returned to the same polling station to witness the closing and counting procedure, but this time the police refused us entry. They said they had still not been able to find us on their list, despite our accreditation by the Supreme Electoral Board. With the five o’clock closing swiftly approaching, we insisted on the importance of entering before the polls closed. They offered that we could observe the voting room from the hallway, but we were obligated to decline since the OSCE’s methodology requires unfettered access to the polling area. At the last minute, they said we could observe from a designated area inside the room. Once inside the room, it turned out no such area existed and the police displayed no interest in enforcing one. In contravention of the rules, however, they remained standing directly behind us inside the room nearly the entire time. Consistent with OSCE observations across the country, vote counting at our BBC began promptly once the polls closed. In much the same sprit of cooperation we witnessed at the opening in another precinct, the members of this BBC worked smoothly together to perform the critical, final procedures: securing the voting materials and counting and recording the results.  The BBC’s genuine effort to conduct this process fairly and transparently was marred by some critical procedural errors and the persistent presence of the police, which risked undue oversight by the security services of a sensitive political process. Most procedural faults took place early on and introduced avoidable opportunities for mistakes or manipulation.  Rather than count the unused voting materials after the polls closed, for instance, the BBC departed from the prescribed procedure and counted them before the room was open to the public to observe the count. By depriving observers of the opportunity to verify this tally, the BBC undermined a safeguard that confirms the number of votes cast matches exactly the number of voters who participated.  Another significant oversight involved the BBC’s failure to enter crucial figures directly into the official register, known as a “protocol.” By having one member of the committee simply jot down the tallies of voting materials on a scrap piece of paper, the BBC failed to guard against subsequent mistakes in transcription or intentional alterations.  Oddly, the otherwise attentive and assertive political party observers in the room did not raise these issues with the BBC, possibly out of ignorance of the procedures or disinterest in the importance of these steps. They seemed most focused when it came to the centerpiece of the process: the all-important counting and adjudication of ballots.  In this, the BBC acquitted itself quite well—holding up each ballot in full view of all present, loudly announcing the vote, and recording it only once all were satisfied with the chairman’s judgment (i.e. valid, invalid, or blank).  U.S. Helsinki Commission Senior State Department Advisor Scott Rauland reviews voting materials with Ballot Box Committee members. Given the considerable pre-election controversy about the admission of unstamped ballots, it was surprising that no observer raised a question about whether the ballots or envelopes were appropriately imprinted with the BBC’s seal, which was often faint and on the reverse side of the papers. Late on the day of Turkey’s controversial 2017 constitutional referendum, the government unilaterally decided to count unstamped ballots despite the widespread understanding that the stamps protected against fraud. The number of admitted unstamped ballots last year allegedly accounted for the government’s slim margin of victory in that vote. As a result, opposition leaders protested earlier this year when the government used its absolute majority in the parliament to codify the validity of unstamped votes beginning with the 2018 presidential and parliamentary election. This decision created frustrating ambiguity about the need for the elaborate stamping process that tied up BBCs in the morning, sometimes for more than an hour.  The last steps of the vote count turned out to be the most cumbersome. The astonishingly analog voting process created numerous frustrations, significantly delaying delivery of the ballots to the District Electoral Board responsible for tabulating all the votes in Sisli before forwarding them to the Provincial Electoral Board that oversees a third of Istanbul. The chairperson was consumed for almost an hour manually copying detailed voting results onto nearly a dozen copies of the official protocol for distribution to political party representatives and observers. Another time-consuming process involved sealing all the ballots and sensitive voting materials in a cloth sack using twine and a wax seal. All present watched in quiet agony as the chairperson struggled to melt the nub of wax with a lighter, singing his fingers and nearly setting fire to the bag in the process. Out of the 250 votes counted in our BBC, leading opposition presidential candidate Muharram Ince prevailed with 65 percent of the vote and his party, CHP, took 50 percent of the parliamentary ballots. The simultaneous presidential and parliamentary election afforded voters the opportunity to split their votes between the two ballots. Specifically, many analysts speculated that opposition supporters would endorse Ince as the favored presidential candidate while casting a vote for HDP in the parliamentary election to help the party clear the ten percent threshold. The outcome in our BBC seemed to bear this theory out: Ince received 15 percent more support for president than his party did in the parliamentary vote, while HDP’s presidential candidate Demirtas secured only 4 percent in the presidential but his party garnered 24 percent in the parliamentary. Once counting was complete in all the precincts’ voting rooms, members of the BBCs boarded a municipal vehicle with the sealed sacks and official protocols for delivery to the District Electoral Board. Per OSCE instructions, we jumped into a separate vehicle to tail the municipal van through the narrow streets of Istanbul to the DEB to confirm the official results were delivered directly without interference.  A long line of vans packed with other BBCs was in front of the District Electoral Board waiting their turn to offload. When it came our turn I—accompanied by a police escort—followed the voting materials past heavily-armed guards and crowd control fencing into the building. It was a cramped but sprawling high-rise divided into a warren of small, austere rooms. A crush of poll workers pressed into the building’s narrow corridors trying to reach their designated room. In each room were half a dozen election workers waiting to receive election materials from every corner of the district, double-check the calculations in the protocol, and forward the results for district-level tabulation.  After verifying the secure delivery of our BBC’s materials, I sought to follow the process a step further. Instead, I was offered a meeting with the judge who chairs Sisli’s electoral board.  Supporters of President Erdogan and AKP celebrate their election victory in Taksim Square. It was now well past 9:00 p.m., more than four hours since the polls closed. The judge sat in his office watching two sets of election returns roll in: semi-official results were being broadcast via cable news on a large television across the room while a map on his computer screen that read “Supreme Election Board” was being populated with the official numbers. Although it was impossible for me to tell what discrepancy might have existed between the figures at that moment, opposition leaders were simultaneously turning to social media to reassure their supporters that pro-government media were broadcasting premature results to discourage them. These hopeful claims appear to have been inspired more by optimism than reality—the official results released the next day differed little from what the media was reporting in the evening. At least in central Istanbul, the election results at that time of night were still in the early stages of being compiled at the district level. The judge explained how in the coming hours the district’s protocols would be digitized, loaded onto a public website, and used to generate a district-level protocol of official election results. As chairman, his role would be to adjudicate disputes and discrepancies in the tabulation and certify the final results. Satisfied that I had followed the process as far as I could, our observation ended.  Around 10:00 p.m., President Erdogan declared victory. With 52.6 percent of the vote, he had won outright in the presidential election, avoiding a runoff with the leading secular opposition candidate by a comfortable margin. In parliament, AKP fell just short of an absolute majority for only the second time in its 16 years in power. The AKP’s election coalition partner, the nationalist MHP party, surprised many with its strong performance, earning 49 seats in the 600-seat parliament and easily supplying the six seats AKP needs to reach 301 votes in the legislature. Importantly, HDP cleared the ten percent threshold and will be the third-largest party in parliament with 67 seats behind CHP’s 146. Altogether, an impressive 86.2 percent of the population had participated in the vote. Over a late night dinner in a gentrifying secular neighborhood of Istanbul, I could hear some nearby diners discussing the election results with resignation over glasses of wine. Further off in the distance, the blaring of car horns announced the beginning of celebrations by the President’s supporters. I followed lines of cars festooned with Turkish flags and AKP banners as they streamed toward centrally-located Taksim Square. There, a spontaneous victory party had broken out. A jubilant AKP loyalist was being carried aloft, leading the gathering crowd in chants of “Allahu Akbar!” and “Recep Tayyip Erdogan!”  The evening stroll between these two contrasting scenes was a journey across a wide social and political chasm in Turkey—a chasm the president may choose to widen or narrow in his new mandate. Recent studies have revealed acute polarization within Turkish society that reflects high levels of social distrust and political intolerance. These ills present critical challenges for governance. During the campaign, President Erdogan pledged to lift the nearly two-year-old state of emergency upon his reelection. AKP statements since the election suggest that Erdogan may decline to renew the state of emergency when it expires on July 18. This would be an appropriate first step toward rebuilding trust and one the U.S. Helsinki Commission called for in an October 2017 letter to President Erdogan. But lifting the state of emergency might only be a superficial gesture if it is not accompanied by significant prisoner releases and amnesties—particularly for human rights defenders and journalists—as well as meaningful judicial reform to restore the credibility and independence of Turkey’s politicized justice system. In accordance with its mandate, the U.S. Helsinki Commission will continue to monitor Turkey’s implementation of its commitments as an OSCE participating State to respect human rights and democratic principles. In this most recent election the Turkish people demonstrated formidable levels of political participation and civic engagement. Now and in the future, the government must succeed where it has recently failed to ensure that all its citizens have an opportunity to participate in Turkish society and institutions on the basis of fundamental equality.   The morning after the election, a woman crosses Taksim Square.

  • Chairman Wicker Introduces Resolution Emphasizing Importance of NATO to Regional Security

    WASHINGTON—Helsinki Commission Chairman Sen. Roger Wicker (MS) introduced a bipartisan resolution (S.Res.557) emphasizing the importance of NATO to the collective security of the transatlantic region and urging its member states to work together to strengthen the alliance at the July 11-12 NATO summit in Brussels.  “NATO remains the cornerstone of transatlantic and global security. This resolution underlines the need for our allies to boost their contributions to our collective defense. It also encourages practical steps at the upcoming NATO summit to bolster the alliance’s effectiveness against current and emerging threats,” said Chairman Wicker. “We must always work to strengthen the alliance if we want it to serve our collective security as well as it has in its first seven decades.”  Sen. Ben Cardin (MD), a senior member of the Senate Foreign Relations Committee and ranking Senate commissioner, is the lead co-sponsor of the resolution. Other original co-sponsors of S.Res.557 include Helsinki Commissioners Sen. Thom Tillis (NC) and Sen. Jeanne Shaheen (NH), who also co-chair the Senate NATO Observer Group. “NATO summits are important occasions to send messages of solidarity with our NATO allies and reaffirm our continued commitment to transatlantic principles, including democracy and the rule of law,” said Sen. Cardin. “This resolution underlines that NATO is rooted in a foundation of shared values, and that any backsliding on individual liberty, corruption, or human rights risks eroding that foundation.” S.Res.557 reaffirms the enduring commitment of the United States to NATO’s collective defense, enshrined in Article 5 of the North Atlantic Treaty, and urges all NATO member states to be prepared to meet their respective Article 5 obligations.  It also pledges support for measures to deter Russian aggression against the territory of any NATO ally. The resolution underlines the need for NATO’s “open door policy” to remain in effect and for the alliance to extend an invitation to any aspirant country that has met the conditions required to join NATO. Finally, it urges leaders at the Brussels summit to ensure the alliance makes key changes to meet urgent security threats and counter new challenges. “As I stated when we re-established the NATO Observer Group, our alliance must be prepared to face a broad range of threats, including hybrid and cyber threats from Russia and other adversaries,” said Sen. Tillis. “A strong and committed NATO alliance remains vital as our community of democracies continues to expand and thrive.” “This resolution underscores the need for the United States to work closely with our allies to modernize NATO to respond to the ever-evolving threats facing western democracies, particularly from the Kremlin,” said Sen. Shaheen. “Continued cooperation with NATO allies will be integral to our efforts to safeguard our country’s national security and protect the United States.”

  • Roundtable on Illicit Trade

    Illicit trade—the transnational smuggling of illegal goods—has grown dramatically in the era of globalization thanks to modern technology, free trade zones, and the absence of the rule of law in many countries. Today, the shadow economy is booming and is estimated to account for up to 8 to 15 percent of world GDP. This roundtable brought U.S. government officials together with representatives of companies, associations, and organizations working to combat illicit trade. Participants discussed policy responses to the growing threat of illicit trade and how to build effective public-private partnerships. Officials from the intelligence community, the Department of Homeland Security, and the Department of State discussed their agencies’ roles in the struggle to stem the tide of illicit trade. Click here to see the full list of participants.

  • Chairman Wicker, Ranking Senator Cardin Urge President Trump to Call on President Putin to Free Oleg Sentsov

    WASHINGTON—In a letter on Friday, Helsinki Commission Chairman Sen. Roger Wicker (MS) and Ranking Commissioner Sen. Ben Cardin (MD) urged President Trump to call on Russian President Vladimir Putin to free Ukrainian filmmaker Oleg Sentsov from his unjust imprisonment. On May 14, 2018, Sentsov began a hunger strike, which he plans to continue until all Ukrainian political prisoners jailed in Russia are released. The letter reads in part: “Oleg Sentsov has been a prisoner of conscience in Russia for more than four years. In May 2014, he was detained in his native Crimea, then illegally occupied by Russia, and brought to Moscow on unsubstantiated allegations of terrorism. Numerous governments and human rights organizations have dismissed these allegations as politically-charged, groundless fabrications orchestrated in retaliation for Sentsov’s outspoken criticism of Russia’s occupation of Crimea and his efforts to document human rights abuses there… “As Russia hosts the World Cup in the coming weeks, the eyes of the world will be on the country. In the spirit of this unifying global event, we urge you to raise with President Putin the international approbation which Oleg Sentsov’s immediate release would provide for him. Your advocacy on behalf of this brave Ukrainian patriot will be an important demonstration of U.S. human rights leadership around the world.” In April 2017, the U.S. Helsinki Commission held a briefing focusing on Russia’s human rights violations against Ukrainian citizens, including Sentsov. The full text of the letter can be found below: The Honorable Donald J. Trump President of the United States The White House 1600 Pennsylvania Ave., NW Washington, DC 20500 Dear Mr. President, We hope you will call on Russian President Vladimir Putin immediately and unconditionally to release the Ukrainian filmmaker Oleg Sentsov from his unjust imprisonment in Siberia. In light of Sentsov’s hunger strike, our request is urgent. Oleg Sentsov has been a prisoner of conscience in Russia for more than four years.  In May 2014, he was detained in his native Crimea, then illegally occupied by Russia, and brought to Moscow on unsubstantiated allegations of terrorism. Numerous governments and human rights organizations have dismissed these allegations as politically-charged, groundless fabrications orchestrated in retaliation for Sentsov’s outspoken criticism of Russia’s occupation of Crimea and his efforts to document human rights abuses there. On May 14, 2018, Mr. Sentsov declared he had begun an indefinite hunger strike, stating that “the one and only condition for its termination is the release of all Ukrainian political prisoners that are currently present on the territory of the Russian Federation.” With his health already weakened, it is uncertain how long he can survive. As Russia hosts the World Cup in the coming weeks, the eyes of the world will be on the country.  In the spirit of this unifying global event, we urge you to raise with President Putin the international approbation which Oleg Sentsov’s immediate release would provide for him.  Your advocacy on behalf of this brave Ukrainian patriot will be an important demonstration of U.S. human rights leadership around the world. Sincerely,

  • Reality vs. Rhetoric

     Since President Trump’s inauguration, the administration’s Russia policy has been divided between rhetoric and reality. Two dueling narratives have emerged—one based on the conciliatory nature of the president’s words and tweets, the other arising from the hawkishness of implemented policy. The disparity has rendered difficult any objective assessment of administration policy toward Moscow.  During this briefing, the panelists examined this divergence and sought to contextualize the administration’s policy while providing recommendations for future action. According to the panelists, while rhetoric is undoubtedly important, for analysis it is far more useful to look to reality. In that regard, the Trump administration’s policy has been “the toughest since the Cold War.” This policy has taken two principal forms: increased military deterrence and an expanded sanctions regime. Militarily, the administration has instituted a tactical deterrence strategy that may serve as the foundation for a larger strategy of containment. Since 2017, the administration has initiated the sale of lethal arms to Ukraine, conducted air strikes against the Syrian regime and Russian private military contractors operating in Syria, increased funding in the NDAA for the European Deterrence Initiative from $3.7 billion to $6.3 billion, and enhanced the U.S. presence in Eastern Europe by expanding the size, scope, and frequency of allied training exercises in the region. The administration has supported this conventional deterrence policy with an equally strong political push against Moscow: a policy exemplified by the administration's imposition of the congressionally-designed CAATSA sanctions, which target oligarchs associated with the Putin regime. Beyond this, other political actions implemented by the administration include the largest expulsion of Russian diplomats in history, further sanctions imposed on Russian firms and cyber groups, and the appointment of Russia hawks to roles of National Security Advisor, Secretary of Defense, and Secretary of State. In addition to current policy, the panelists also looked to the future and gave their prescriptions on how the administration’s Russia policy should proceed. A discussion centered on two themes: further targeting President Putin’s support base and developing the United States’ ability to counter Russian hybrid warfare. The former is predicated on expanding the existing sanctions regime to better target the ability of Russian oligarchs to access the international financial system and targeting Putin's regime by exposing its corruption to the Russian people. The latter is a call for increased investment in cyber defense and eliminating the avenues by which Russian disinformation campaigns reach Americans. In response to a question from Helsinki Commission policy advisor Rachel Bauman regarding the role of Congress in future Russia policy, the panelists agreed that Congress could take the lead, serving as a check against the rhetoric of President Trump, and continue the strong policy the administration has implemented.    

  • Helsinki Commission to Host Roundtable On Illicit Trade

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ROUNDTABLE ON ILLICIT TRADE Thursday, June 21, 2018 1:00 p.m. Russell Senate Office Building Room 485 Live Webcast: www.facebook.com/HelsinkiCommission Illicit trade—the transnational smuggling of illegal goods—has grown dramatically in the era of globalization thanks to modern technology, free trade zones, and the absence of the rule of law in many countries. Today, the shadow economy is booming and is estimated to account for up to 8 to 15 percent of world GDP. This roundtable will bring U.S. government officials together with representatives of companies, associations, and organizations working to combat illicit trade. Participants will discuss policy responses to the growing threat of illicit trade and how to build effective public-private partnerships. Officials from the intelligence community, the Department of Homeland Security, and the Department of State will discuss their agencies’ roles in the struggle to stem the tide of illicit trade. Discussion will follow each presentation. Participants include: Russ Travers, Acting Director, National Counterterrorism Center, Office of the Director of National Intelligence Convergence: How illicit trade networks fit in with other illicit networks Christa Brzozowski, Deputy Assistant Secretary, Trade and Transport, Department of Homeland Security Contraband: How to stop the flow of illicit goods Lisa Dyer, Director, Office of Intellectual Property Enforcement, Department of State Counterfeiting: How to combat the violation of IP protections Aaron Seres, Acting Section Chief, Financial Crimes Section, FBI Corruption and Organized Crime: How to counter those who facilitate illicit trade The event is open to the public.

  • Helsinki Commission Announces Briefing on the Trump Administration's Russia Policy

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: REALITY VS. RHETORIC: ASSESSING THE TRUMP ADMINISTRATION’S RUSSIA POLICY Friday, June 15, 2018 10:00 a.m. Dirksen Senate Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission The polarization of views surrounding President Trump and Russia continues to complicate an objective assessment of administration policy toward Moscow. Despite repeated comments by President Trump expressing a desire to improve relations with Russia, the U.S. Government continues to advance what is arguably the toughest policy toward the Kremlin since Ronald Reagan’s first term. This public briefing will discuss the relative value Vladimir Putin places on conciliatory gestures vs. actual concessions that seem increasingly unlikely to materialize. It also will assess the likely trajectory of U.S.-Russia relations for the remainder of the Trump presidency. The following panelists are scheduled to participate: Mr. Herman Pirchner, Jr., President, American Foreign Policy Council Dr. Alina Polyakova, David M. Rubenstein Fellow, Foreign Policy, Brookings Institution Ms. Yulia Latynina, Journalist, Echo Moskvy and Novaya Gazeta

  • First Person: Arctic Security in Flux

    By Alex Tiersky, Senior Policy Advisor As the Helsinki Commission’s global security and political-military affairs policy advisor, I regularly travel to observe and evaluate changing security conditions that have a direct impact on the interests of the United States.  In May, following an invitation to join a group of senior U.S. security experts in Norway to study the security challenges of NATO’s northern flank, I found myself in one of the northernmost towns in the world: Longyearbyen, on the archipelago of Svalbard, Norway. The delegation of government officials, independent experts, and journalists was organized by the Atlantic Council of the United States. We met with a variety of government officials and non-governmental experts over two days in Oslo, before flying more than 1,200 miles north to Svalbard, an Arctic archipelago halfway between the Norwegian mainland and the North Pole. In Svalbard we met with the Norwegian Coast Guard, the Svabard Satellite Station (SvalSat), the Norwegian Polar Institute, and the Svalbard Governor’s office. Among the many strands emerging from the week of off-the-record discussions, several stood out as key takeaways. Maintaining Close Relations with U.S. and NATO Norway’s security is inextricably linked to its defense relationship with the United States and with NATO more broadly, interlocutors told us. This distinguishes Norway from its neighbors Sweden and Finland, both of which have sought to provide for their defense primarily on a national basis.  As a result, Norway puts a premium on predictability in its relationship with the United States and with NATO, and would consider any threat to NATO cohesion as a national security concern. Maintaining unity is among the highest Norwegian priorities for the July NATO Summit in Brussels. Norway will continue to invest carefully in its defense capabilities and in its relationship with the United States, we were told. Norwegian officials hailed the long-standing defense relationship, exemplified by the pre-positioning of U.S. Marine Corps equipment in Norway since the 1980s, and more recently by the $35B Norwegian purchase of F-35s. Norway also is purchasing new conventional submarines, and replacing aging P-3 Orion and DA-20 Jet Falcon maritime patrol aircraft with the Boeing-built P-8A. The presence of more than 300 U.S. Marines performing cold-weather training in Norway, while still politically sensitive, is seen as a success by most political parties and was recently extended by Norway through 2018.  Independent analysts suggested that there was a strong likelihood the arrangement would likely be extended beyond 2018—and quite possibly lengthened in duration to a multi-year agreement—as well as increased  to include greater numbers of Marines (a move that was subsequently publicly announced). Concerns over Russian Activities Russia’s increased military activities in the north featured prominently in our discussions.  Norway’s Russia policy will continue to rely on a dual-track policy of deterrence and reassurance vis-a-vis its neighbor to the east, interlocutors suggested. However, they underlined that Norway must consider the rapidly advancing capabilities of the Russian armed forces, even if they are not directed at Norwegian territory. Norway closely monitored the major Russian military exercise ZAPAD 2017, which I witnessed in person.  While the exercise did not result in the direst scenarios feared in the Baltic region, its components in the north were significant and raised many concerns.  During the maneuvers, Russian armed forces demonstrated an ability to move land forces over strategic distances quickly and stealthily; cover them with an anti-access/area-denial (A2AD) bubble through measures including electronic warfare (which impacted civilian air traffic in the area), and deploy a follow-on deterrent in the dual-capable (nuclear/conventional) ISKANDER tactical ballistic missile. In addition to the increased tempo of Russian operations in the north, one particular concern is a new class of Russian submarines, the Yasen-class, which demonstrates a greater capacity for stealth and formidable armament, potentially holding much of Europe and the North Atlantic sea lanes at risk. The strategic Russian Kola Peninsula, only 140 miles from Norwegian border, represents the largest concentration of non-western military power in the world, interlocutors reminded us. This area also represents the heart of the Russian “bastion defense” concept.  Norway’s unique location and relatively tension-free relations with Russia allow Norway to play an important role in providing its allies with important intelligence and situational awareness on Russian activities in the North Atlantic region. In a larger context, interlocutors suggested that we should anticipate that Russia will continue to develop its arctic coastline, rich in natural resources and with increasingly accessible shipping to Asian markets.  This development, they argued, including the reinforcement of military infrastructure and ice breakers, makes sense in the context of protecting and enabling this economic potential and need not be seen as threatening. Svalbard is accessible to citizens and companies from all signatories to the 1920 treaty granting full sovereignty to Norway, an agreement that also forbids naval bases and fortifications on the archipelago (but not creating what some have misunderstood as a “demilitarized zone”).  Its “extreme northern location” offers a number of advantages, the delegation learned at the Svabard Satellite Station (SvalSat), the world’s largest commercial ground station for satellite control.  The station provides satellite coverage to owners and operators of polar orbiting satellites, linked by fiber-optic communication links between Svalbard and mainland Norway. Rising Temperatures in the Arctic Norwegian interlocutors emphasized that the Arctic should be recognized by all Allies as NATO territory in the north. As a result, the rapid warming of the Arctic, and the acceleration of the changing climate in the region that was witnessed in Svalbard, merited Alliance-wide attention, they argued.  A senior Norwegian Polar Institute scientist who has worked in Svalbard for 30 years told the delegation that the temperature change in the Artic was measurable, demonstrated, and greater than even the most pessimistic predictions of only a few decades ago, a dynamic he attributed directly to levels of greenhouse gases in the atmosphere. The delegation had the opportunity to board a Norwegian Coast Guard vessel for a briefing on the guard’s responsibilities, which include monitoring an area seven times larger than the Norwegian mainland.  The distances involved posed significant challenges for the relatively small number of vessels to meet the Guard’s the goal of remaining “always present,” and fulfilling its responsibilities in the areas such as monitoring fisheries and search and rescue.  These challenges are becoming more acute, as the warming climate makes the waters increasingly accessible to maritime traffic of all sorts.

  • Sanctioning Human Rights Abusers and Kleptocrats under the Global Magnitsky Act

    The Global Magnitsky Act enables the United States to sanction the world’s worst human rights abusers and most corrupt oligarchs and foreign officials, freezing their U.S. assets and preventing them from traveling to the United States. Sanctioned individuals become financial pariahs and the international financial system wants nothing to do with them. Before proceeding, ask yourself: is Global Magnitsky right for my case? The language of the Global Magnitsky Act as passed by Congress was ex-panded by Executive Order 13818, which is now the implementing authority for Global Magnitsky sanctions. EO 13818 stipulates that sanctions may be considered for individuals who are engaging or have engaged in “serious human rights abuse” against any person, or are engaging or have en-gaged in “corruption.” Individuals who, by virtue of their rank, have ordered others to engage or have facilitated these acts also are liable to be sanctioned. Keep in mind that prior to the EO’s expansion of the language, human rights sanctions were limited to “gross violations of internationally recognized human rights” as codified in 22 USC § 2304(d)(1). The original language also stipulates that any victim must be working “to expose illegal activity car-ried out by government officials” or to “obtain, exercise, defend, or promote internationally recognized human rights and freedoms.” As for sanctions for corruption, it identifies “acts of significant corruption” as sanctionable offenses. This is generally thought to be a stricter standard than the EO’s term “corruption.” It may be worthwhile to aim for this higher standard to make the tightest case possible for sanctions. As a rule, reach out to other NGOs and individuals working in the human rights and anti-corruption field, especially those who are advocating for their own Global Magnitsky sanctions. Doing so at the beginning of the process will enable you to build strong relationships, develop a robust network, and speak with a stronger voice. Download the full guide to learn more. Contributor: Paul Massaro, Policy Advisor

  • Helsinki Commission Chair Concerned about Interrogation of Pavla Holcova by Slovak Authorities

    WASHINGTON—Following the eight-hour interrogation of Czech journalist Pavla Holcova by Slovak police earlier this week, which culminated with the seizure of her cell phone, Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: “At last week’s Helsinki Commission briefing, Pavla Holcova eloquently defended press freedom in Central Europe. I was very concerned to hear about her subsequent interrogation by Slovak authorities. This behavior raises questions about the Slovakian government’s commitment to solving the murder of journalist Jan Kuciak. I hope the authorities will now turn their attention back on pursuing his killers.” On May 9, the U.S. Helsinki Commission held a briefing titled “A Deadly Calling: The Murder of Investigative Journalists” that examined Kuciak’s murder, as well as the assassination of Daphne Caruana Galizia of Malta; the aftermaths of their deaths; and the need for greater protections of press freedom around the world. Holcova, who was collaborating with Kuciak at the time of his death, said at the briefing, “We are, in Central Europe as a whole region, facing state capture at a level we could never imagine before. For journalists, the winter already came. We have a fear. We are facing the fear and the fear is paralyzing…It’s really difficult for us to tell where is the line between politicians, powerful political parties, and organized crime.” She later noted, “[Journalists] are called enemies. We are called foreign agents. We are called mercenaries.”

  • And then, they took her cellphone

    Yesterday I received word that Pavla Holcova, a brave and unflappable Czech journalist, had been summoned by Slovakian police, who are investigating the murder of investigative journalist Jan Kuciakearlier this year. She took a 4-hour train ride from Prague to Bratislava and voluntarily presented herself at their headquarters. She has cooperated with the investigation since its earliest stages, but on this occasion, she was interrogated for eight hours. She was eventually released, but not before her cellphone was confiscated. The prosecutor who signed the order to take her cellphone and access its data is not assigned to the murder case, and he declined to explain why the authorities needed her phone. Holcova is not under any sort of criminal investigation. Quite the opposite, in fact. But Slovak authorities, acting suspiciously like the thuggish security forces found in repressive states, appear to be trying to shut her down. During the interrogation, she was repeatedly told that her reporting was “always against the system.” Not only is Slovakia a member of the European Union, until last year it ranked — along with much of Europe — as having one of the world’s freest media landscapes. Not anymore. This was merely the latest attempt by Slovakian authorities to harass the colleagues, friends and family of a reporter who was killed for doing his job. I met Holcova last week. She and I were part of a panel discussion in Washington titled “A Deadly Calling,” organized by the Helsinki Commission and designed to raise awareness for and address the assassinations of two investigative journalists in the European Union: Daphne Caruana Galizia in Malta last October, and Kuciak in Slovakia this February. The panel included Caruana Galizia’s son, Matthew — himself a Pulitzer Prize-winning investigative reporter — and Holcova, who worked closely with Kuciak to report on official corruption and the Slovakian government’s ties with organized crime. It was this reporting that, many believe, prompted the murders of Kuciak and his fiancee, Martina Kusnirova. Our panel — which also included Robert Mahoney of the Committee to Protect Journalists, a watchdog group that tracks attacks on press freedom — offered an unvarnished look at the rising threats to freedom of expression around the world. In Slovakia, the Kuciak case represents a fundamental test of a young democracy. There has been a major public backlash there, with tens of thousands of ordinary citizens joining street protests demanding justice for the killings. Several high-level resignations have resulted, with the most notable casualty being Prime Minister Robert Fico. Holcova believes there is reason to hope that justice will prevail, and that reform and the rooting out of corruption are possible. But she remains skeptical. “Even though the changes made in the government are rather cosmetic,” she told me. “The most influential government members were replaced by people from the very same political party.” Less visible to the public, though, are the lasting scars these attacks have on loved ones of the slain journalists and the ongoing attempts to deter them from seeking justice. Holcova says she is lucky in that she has a strong support network of friends and family, “but sometimes I feel I might be indeed ‘toxic’ and I am afraid someone might get hurt because of me. This potential guilt is painful and even sometimes paralyzing.” That’s a familiar feeling to many journalists operating in authoritarian societies or scrutinizing high-level corruption. But this isn’t a situation we should tolerate in silence. Impressively, Holcova says she remains undeterred. I asked whether she had ever thought about giving up the effort to find her friend’s killers. “Yes, sure. I will stop pursuing this case, when the people really involved (not just the proxies) will be brought to justice.” Incidentally, this interview was conducted entirely by email. Why? Because Slovakian authorities still have Holcova’s phone, and have offered no indication of when they plan to return it. The public shaming of governments — especially fragile ones — for their bad behavior is one of the best tools available in places where the rule of law has not been completely eviscerated. Slovakia is one of those countries hanging in the balance. We should do all we can to support their struggle to mature into a viable democracy with a strong future. Officials there, Holcova wrote, “did not care that much in past. But I believe they do now. At least a bit more. The reputation of Slovak government is very much damaged, the trust in state institutions such as police or prosecutors is very low.” There’s one very simple way the Slovakian authorities can begin to repair their image. They should return Pavla Holcova’s cellphone immediately.

  • Democracy Deferred

    After amending the constitution to extend the length of a presidential term and abolish term limits altogether, Azerbaijan’s ruler since 2003, Ilham Aliyev, recently prevailed in elections that secured his position until 2025. International election observers described this vote as “lack[ing] genuine competition” given the country’s “restrictive political environment and…legal framework that curtails fundamental rights and freedoms.” The presidential election took place after a year of growing concern over the state of fundamental freedoms in Azerbaijan. In March 2017, the government blocked nearly all remaining major sources of independent news; it continues to harass and detain independent journalists. That same month, the Extractive Industries Transparency Initiative suspended Azerbaijan’s membership over the government’s onerous regulation of civil society organizations. In December 2017, the Council of Europe began exploring unprecedented punitive measures against Azerbaijan for flouting a European Court of Human Rights ruling ordering the release of former presidential candidate Ilgar Mammadov, jailed since 2013.  As Azerbaijan approaches 100 years of independence in May, the Helsinki Commission examined these recent developments and the country’s implementation of its freely undertaken human rights and democracy commitments.  In September 2017, Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04) introduced H.Res.537 calling on the U.S. Government to prioritize democracy and human rights in its engagement with Baku and examine the applicability of targeted sanctions against the most egregious violators of basic rights.

  • A Deadly Calling

    Over the last year, several journalists investigating public corruption have been murdered for their work in Europe and Eurasia. Two of these victims—Jan Kuciak of Slovakia and Daphne Caruana Galizia of Malta—came from states within the European Union. While protests erupted in Slovakia after Kuciak’s murder, ultimately leading to the resignation of the Prime Minister and other senior government officials, Caruana Galizia’s murder did not trigger a similar outcome. Those who hired her murderers continue to enjoy anonymity and impunity. The briefing examined the assassinations of journalists throughout Europe and Eurasia, why they are targeted, and how future murders can be prevented. It also investigated the shrinking space for investigative journalism in Europe and Eurasia, where there is less investment in investigative journalism and fewer outlets for investigations to be published.

  • Ending the War in Ukraine

    The Russian-manufactured war in Ukraine has killed more than 10,000 people, injured at least 25,000, and created a humanitarian crisis endangering millions more. Amid daily ceasefire violations and threats to critical infrastructure, civilians continue to bear the brunt of the cost of the needless, four-year-old conflict. In July 2017, the U.S. Secretary of State appointed Ambassador Kurt Volker as U.S. Special Representative for Ukraine Negotiations. Volker has since repeatedly met with senior Russian counterparts to explore ways to end the conflict, including the possibility of an international peacekeeping mission. At this Helsinki Commission briefing, Ambassador Volker explored the way ahead for U.S. and international policy on Ukraine in the wake of President Putin’s re-election. During his opening statement, Ambassador Volker noted that the conflict will only be resolved if Russia decides to remove its forces from the territory of Ukraine and to allow a genuine security presence to enter. He highlighted a proposal to institute a U.N.-mandated peacekeeping force that would help fulfill the Minsk Agreements by establishing security, controlling the border, and creating conditions to hold local elections. This peacekeeping force would be funded through voluntary contributions by nations and coordinated by a special representative of the secretary-general. In the Q&A, Ambassador Volker underlined that a U.N. mandate for such a mission would necessarily depend on Russian agreement. He noted that it is possible that after President Putin’s reelection, there may be greater political space for such a decision to take place, particularly as Russia continues to suffer significant economic and human costs from its occupation and will gain little by continuing the conflict. Regarding Crimea, Ambassador Volker noted that, although it is fortuitous there is no active military-style fighting, the centralized Russian rule has created a dire human rights situation on the illegally occupied territory. The Muslim Crimean Tartar population in particular has suffered greatly under Russian rule. As a result, many Crimean Tartars have fled for other parts of the country. He also stated that he has made it clear to his Russian counterparts that the United States does not accept Russia’s claimed annexation of Crimea. Ambassador Volker highlighted some areas where the OSCE’s role could be enhanced. He said that a U.N. peacekeeping force would support the OSCE Special Monitoring Mission (SMM) in executing its mandate in full. Furthermore, the OSCE could help provide supervision and training to local police forces to fill any potential security vacuum after illegal armed groups are removed. The OSCE could also be instrumental in creating and monitoring local elections.  Ambassador Volker closed the briefing by emphasizing the utility of working toward implementation of the Minsk Agreements rather than seeking to negotiate a new format. Even though the agreement has to date seen little implementation, attempting to create an alternative would just start a new open-ended negotiating process. He reiterated his belief that a U.N. peacekeeping force has the potential to unlock significant progress towards implementation of Minsk. He asserted that the United States would continue to be an active contributor to creating a prosperous and successful democratic Ukraine which could help foster a positive security and political environment in Europe going forward.

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