Title

International Election Observation in the U.S. and Beyond

Wednesday, June 19, 2019
10:00am
Rayburn House Office Building, Room 2200
Washington, DC
United States
Moderator(s): 
Name: 
Alex T. Johnson
Title Text: 
Chief of Staff
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Gerardo de Icaza
Title: 
Director, Department of Electoral Cooperation and Observation
Body: 
Organization of American States
Name: 
Laura Jewett
Title: 
Senior Associate and Regional Director for Eurasia Programs
Body: 
National Democratic Institute
Name: 
Richard Lappin
Title: 
Deputy Head, Elections Department
Body: 
OSCE Office of Democratic Institutions and Human Rights (ODIHR)
Name: 
Tana de Zulueta
Title: 
Head
Body: 
ODIHR Limited Election Observation Mission to 2018 U.S. Mid-Term Elections

In 1990, the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE) pledged to hold free and fair elections. Election observation is one of the most transparent and methodical ways to encourage countries to uphold their commitment to democratic standards, and is a core element of the OSCE’s efforts to promote human rights, democracy, and the rule of law.  Since the 1990s, the OSCE has been invited to observe approximately 250 elections in countries throughout the OSCE region, including the United States and Russia.

In addition to the OSCE, the United Nations, Organization for American States, European Union, and other multilateral organizations routinely participate in international election observation.  Civil society actors—including U.S.-based organizations like the National Democratic and International Republican Institute, the International Foundation for Electoral Systems, and the Carter Center—also observe elections around the world with the common goal of upholding democratic standards. 

The briefing focused on the benefits and challenges of international election observation, best practices, and emerging issues like voting technology and security.

Leadership: 
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  • Helsinki Commission Welcomes Passage of Trap Provision in 2022 National Defense Authorization Act

    WASHINGTON—Helsinki Commission Chairman Sen. Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) today welcomed the passage of the Transnational Repression Accountability and Prevention (TRAP) provision as part of the National Defense Authorization Act (NDAA) for Fiscal Year 2022. “By co-opting and undermining the rule of law to harass and intimidate dissidents and political opponents, corrupt regimes threaten our national security,” said Chairman Cardin. “Our provision will make it U.S. policy to fight exploitation of INTERPOL, including by naming and shaming member states that abuse its mechanisms. This amendment will protect the United States, our allies, and all those fighting or fleeing authoritarian regimes from extraterritorial and extrajudicial abuse.” “We’ve seen time and again how corrupt dictators take advantage of INTERPOL to intimidate and harass those who expose their immoral deeds, even after they have fled their homes and their country in search of safety,” said Co-Chairman Cohen. “The TRAP provision will protect these dissidents and ensure that our own institutions are not used against us—or them.” “There is no reason for any democracy, especially the United States, to be forced to play a part in authoritarian regimes’ blatant abuse of INTERPOL Red Notices,” said Sen. Wicker. “I am pleased Congress has taken action to name publicly the abusers, such as Russia and China, and prevent American law enforcement from having to do the dirty work of these repressive autocrats.” “INTERPOL should enable us to crack down on criminals worldwide,” said Rep. Wilson. “Instead, the criminals have taken over the institution, using it to target those who oppose them. The TRAP provision will protect the United States from this abuse and ensure that we do everything we can to restore the rule of law to INTERPOL.” “Increasing transparency and accountability at INTERPOL underscores the bipartisan commitment of the United States Senate to push back against countries, large or small, seeking to distort legitimate law enforcement cooperation to instead pursue political opponents or personal vendettas,” said Sen. Bob Menendez (NJ), Chairman of the Senate Foreign Relations Committee. “This new provision will strengthen protections for human rights defenders, political dissidents, and journalists, and pave the way for the international community to join the United States in pressing for reforms and standing against the abuse of INTERPOL Red Notices by China and Russia, among others.” The Transnational Repression Accountability and Prevention (TRAP) Act was introduced in 2021 in the Senate by Sen. Wicker and Chairman Cardin and in the U.S. House of Representatives by Co-Chairman Cohen and Rep. Wilson. The legislation makes fighting abuse of INTERPOL a key goal of the United States at the organization, mandates that the United States name the worst abusers of INTERPOL and examine its own strategy to fight INTERPOL abuse, and protects the U.S. judicial system from authoritarian abuse.

  • Uniting Against Corruption

    At a virtual kickoff event on December 7, leaders of the U.S. Caucus against Foreign Corruption and Kleptocracy, the EU Parliament Anti-Corruption Intergroup, and the UK All-Party Parliamentary Group on Anti-Corruption and Responsible Tax formally launched the Inter-Parliamentary Alliance against Kleptocracy. Members of the alliance are politicians leading the fight in their respective parliaments against corruption and kleptocracy.  The launch immediately precedes to President Joe Biden’s December 9 – 10 Summit for Democracy, where approximately 110 countries will commit to fighting corruption and renewing democratic values. Helsinki Commission Chairman Sen. Ben Cardin (MD), who has championed anti-corruption efforts throughout Congress, will welcome the formation of the alliance at the kickoff event. The Inter-Parliamentary Alliance against Kleptocracy aims to build a transparent and accountable global financial system; promote government transparency, allowing for effective public oversight; disable transnational corrupt networks, while deterring the movement of dirty money into democracies; support the role of free media and journalists in exposing the risks from kleptocracy; and advocate for strong anti-corruption standards for public officials and their enforcement. Planned projects include coordinating targeted sanctions and public visa bans, synchronizing anti-money laundering frameworks, harmonizing cross-border investigations into grand corruption, and promoting robust anti-corruption ethics frameworks for public officials. Members of the Inter-Parliamentary Alliance against Kleptocracy subscribe to the principles that democratic states are based on the rule of law and must safeguard this system against the taint of corruption and illicit finance; that kleptocracy is an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy; and that kleptocracy poses the most profound challenge for democratic governance in the 21st  century as it corrodes the rule of law from within.

  • Inter-Parliamentary Alliance Against Kleptocracy to Unite Political Leaders in Transatlantic Battle Against Corruption

    BRUSSELS, LONDON, WASHINGTON—At a virtual kickoff event on December 7, leaders of the U.S. Caucus against Foreign Corruption and Kleptocracy, the EU Parliament Anti-Corruption Intergroup, and the UK All-Party Parliamentary Group on Anti-Corruption and Responsible Tax will formally launch the Inter-Parliamentary Alliance against Kleptocracy. Members of the alliance are politicians leading the fight in their respective parliaments against corruption and kleptocracy.  The launch immediately precedes to President Joe Biden’s December 9 – 10 Summit for Democracy, where approximately 110 countries will commit to fighting corruption and renewing democratic values. Helsinki Commission Chairman Sen. Ben Cardin (MD), who has championed anti-corruption efforts throughout Congress, will welcome the formation of the alliance at the kickoff event. UNITING AGAINST CORRUPTION Launch of the Inter-Parliamentary Alliance against Kleptocracy Tuesday, December 7, 2021 11:00 a.m. ET Register: https://bit.ly/3IsbbvY “Countering corruption—a clear national security threat—is one of the three pillars of the upcoming Summit for Democracy. For me, it is an essential aspect of the meeting,” said Chairman Cardin. “It isn’t enough that the United States prioritizes the fight against corruption. To curb this global scourge, democracies must work together. I welcome the formation of the Inter-Parliamentary Alliance against Kleptocracy, which will help harmonize our approaches to countering corruption and closing our systems to dirty money.” The Inter-Parliamentary Alliance against Kleptocracy is an alliance of legislative groups committed to countering the threat of global corruption. The new alliance will focus on fighting kleptocracy, an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy. Because the fight against foreign corruption spans the globe, the alliance will enable members and staff to share perspectives and coordinate efforts to confront the growing threat of authoritarian corruption. The alliance will hold periodic events, sponsor informal roundtables and briefings with leading experts, and coordinate initiatives across borders. “Nothing gets under the skin of dictators more than democracies working together—and confronting corruption is the best way to align ourselves with public sentiment in their countries. This parliamentary alliance will help ensure that lawmakers from the world’s democracies are working together to pass and enact laws against amassing and hiding illicit wealth,” said Rep. Tom Malinowski (NJ-07), Co-Chair of the U.S. Caucus against Foreign Corruption and Kleptocracy. “Corruption is at the heart of all human rights abuse. Journalists are silenced and civil society is attacked because these individuals threaten to expose the corruption that underpins all strongmen,” said Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), a member of the U.S. Caucus against Foreign Corruption and Kleptocracy. “By uniting with our allies to root out corruption, we take aim at the very essence of authoritarianism. That is why the Inter-Parliamentary Alliance against Kleptocracy is so important. Corruption is global by nature. But if all democracies close their doors to it, we can succeed.” “Corruption is the new communism. It is the uniting force of dictators and the system they seek to export. And like communism, the USA needs to join together with its allies to defeat it. I am pleased to welcome the establishment of the Inter-Parliamentary Alliance against Kleptocracy, which will unite democratic allies against the corruption of Russian oligarchs, CCP princelings, Venezuelan thugs, and Iranian mullahs,” said Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02). “We have been seeing autocrats like Viktor Orbán successfully undermining European democracy for years from within, with increasing support from their experienced counterparts in Russia and beyond. If they close their ranks, all democratic parties need to do the same. This is not a fight that a single actor can win alone,” said MEP Daniel Freund of Germany, Co-Chair of the EU Parliament Anti-Corruption Intergroup. “Kleptocrats are destroying democracy and undermining the European Union. With this alliance we can stop European autocrats like Viktor Orbán and could be a powerful tool to influence not only national legislation but agreements on fighting corruption, transparency, accountability and criminal cooperation between the EU and the US. We should keep this alliance open for national lawmakers as well within the EU, allowing for example the devoted members of the Hungarian opposition parties also to join and commit themselves to such a noble cause. We have to fight together and we will fight together,” said MEP Katalin Cseh of Hungary, Member of the EU Parliament Anti-Corruption Intergroup’s leadership bureau. “Dirty money is at the root of many evils. From drug smuggling to terrorism, from money laundering to human trafficking, and from fraud to corruption. But if we can follow the money then we can start to put a stop to all manner of heinous crimes. That's why the launch of the Inter-Parliamentary Alliance on Kleptocracy represents a powerful moment as the world's democracies come together for the fight against illicit finance,” said UK MP Margaret Hodges, Chair of the All-Party Parliamentary Group on Anti-Corruption and Responsible Tax. “The movement of illicit finance is a global problem that requires a global solution.  The harm caused to global security and democracy is facilitated by lack of coordination between different legislatures, and I am delighted to be part of the Inter-Parliamentary Alliance on Kleptocracy.  I look forward to working with colleagues across the world to ensure that we give Kleptocrats nowhere to hide,” said UK MP Kevin Hollinrake, Vice Chair of the All-Party Parliamentary Group on Anti-Corruption and Responsible Tax. “It is not enough that America fight dictators – our friends and allies must also fight them. By working together to reject blood money, we can successfully deny dictators and their cronies access to our markets. I am thrilled about the formation of the Inter-Parliamentary Alliance against Kleptocracy. This international alliance of like-minded kleptocracy fighters will ensure that killers and thugs have no safe haven,” said Rep. Maria Elvira Salazar (FL-27), a founding member of the U.S. Caucus against Foreign Corruption and Kleptocracy. The Inter-Parliamentary Alliance against Kleptocracy aims to build a transparent and accountable global financial system; promote government transparency, allowing for effective public oversight; disable transnational corrupt networks, while deterring the movement of dirty money into democracies; support the role of free media and journalists in exposing the risks from kleptocracy; and advocate for strong anti-corruption standards for public officials and their enforcement. Planned projects include coordinating targeted sanctions and public visa bans, synchronizing anti-money laundering frameworks, harmonizing cross-border investigations into grand corruption, and promoting robust anti-corruption ethics frameworks for public officials. Members of the Inter-Parliamentary Alliance against Kleptocracy subscribe to the principles that democratic states are based on the rule of law and must safeguard this system against the taint of corruption and illicit finance; that kleptocracy is an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy; and that kleptocracy poses the most profound challenge for democratic governance in the 21st  century as it corrodes the rule of law from within.

  • Chairman Cardin Calls for Release of Osman Kavala, Welcomes Council of Europe Infringement Proceedings Against Turkey

    WASHINGTON—Following the recent ruling of a Turkish court that will keep philanthropist Osman Kavala jailed until his trial begins in January 2022 and the subsequent decision by the Council of Europe to begin infringement proceedings against Turkey, Helsinki Commission Chairman Sen. Ben Cardin (MD) issued the following statement: “Justice has been denied, once again, for Osman Kavala, whose only apparent crime is being a Turkish patriot. Despite earlier rulings from a Turkish court and the European Court of Human Rights requiring the state to release Mr. Kavala, Turkish authorities have already jailed him for more than four years—in clear violation of Turkey’s OSCE commitments. “The ongoing injustice against Mr. Kavala is not unique. Thousands of Turkish citizens have been victims of the arbitrary court system. It is welcome news that the Council of Europe will start infringement proceedings against Turkey. Although Turkey is an important NATO ally, its leaders repeatedly have failed to uphold its commitments to respect human rights and the rule of law. "I urge the Turkish government to comply with its international obligations and release Mr. Kavala.” Turkey’s failure to comply with the decision of the European Court of Human Rights, of which the country is a member, prompted the Council of Europe to start infringement proceedings. The process has been used only once before in more than seven decades of the organization’s history and may result in Turkey losing its voting rights or being excluded from the Council. Osman Kavala is a Turkish entrepreneur and philanthropist who has for decades supported civil society organizations in Turkey. In 1990, he contributed to the establishment of The Helsinki Citizens' Assembly, a democracy and human rights non-profit inspired by the Helsinki Final Act. In November 2017, Turkish authorities arrested Mr. Kavala, alleging that he attempted to overthrow the Turkish government. Mr. Kavala was acquitted of these charges in February 2020, only to remain in detention and be charged with a new offense in March 2020. The same month, the European Court of Human Rights ruled Mr. Kavala should be released from pre-trial detention.  Domestic and international human rights watchdogs consistently report that the charges against Mr. Kavala are unsubstantiated and politically motivated. Recently, ambassadors from ten Western countries, including the United States, advocated for his release. These demands were rejected by the Government of Turkey. Mr. Kavala is a recipient of the 2019 European Archaeological Heritage Prize and the Ayşenur Zarakolu Freedom of Thought and Expression Award from the Human Rights Association’s Istanbul branch.

  • Human Rights Seminar Returns to the OSCE with a Focus on Women and Girls

    By Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE and Dr. Mischa E. Thompson, Director of Global Partnerships, Policy, and Innovation On November 16-17, 2021, for the first time since 2017, the OSCE Office for Democratic Institutions and Human Right (ODIHR) held its annual Human Rights Seminar on preventing and combating violence against women and girls. The event assessed participating States’ implementation of OSCE commitments on preventing and combating violence against women, identified continuing challenges and successes in addressing the problem, and examined opportunities to further engage OSCE institutions and other stakeholders in finding solutions. Given continued efforts by some participating States to block the OSCE’s human rights agenda, including Russia’s successful blockade of the 2021 Human Dimension Implementation Meeting, the return of the Human Dimension Seminar was lauded by Ambassador Ulrika Funered of the Swedish Chair-in-Office (CiO) and Polish Ministry of Foreign Affairs UN Director Pawel Radomski of the incoming Polish CiO.  Noting “the particular importance of regular gatherings in promotion of human rights” and the “unique meetings characterized by meaningful discussions between civil society and participating States,” Director Radomski underlined Poland’s staunch commitment to holding human dimension events during its upcoming 2022 Chairmanship. Other speakers at the hybrid event—hosted in Warsaw, Poland, as well as online—included ODIHR Director Matteo Meccaci; Special Representative of the OSCE Chairpersonship on Gender Liliana Palihovici; and Special Representative of the OSCE Parliament Assembly (PA) on Gender Issues Dr. Hedy Fry. Speakers underscored the prevalence of violence against women in political and public life; violence against women belonging to vulnerable groups, especially migrants, refugees, and persons with disabilities; and the impact of the pandemic on women and girls.  Dr. Fry shared her alarm at recent violence targeting women in politics, from the January 6 violence at the U.S. Capitol that targeted Speaker Nancy Pelosi, to the physical and online violence targeting British parliamentarian Diane Abbott.  She attributed the violence to the “boldness” of women daring to enter spaces traditionally dominated by men and the subsequent efforts by men to silence them.  Dr. Mona Lena Krook, Professor and Chair of the Women & Politics Ph.D. Program at Rutgers University, highlighted the physical and psychological violence targeting women in politics and the subsequent but related dangers of women exiting politics to avoid harm to them and their families.  The work of Edita Miftari, an alumna of TILN, the young leaders program organized by the Helsinki Commission and the German Marshall Fund, was highlighted by Adnan Kadribasic of the Bosnian management consulting company, Lucid Linx.  In discussing the Balkan situation, he observed that female politicians experience discrimination and harassment but do not have reliable mechanisms for redress. Discussion panels and side events focused on the escalation of violence experienced by women during pandemic quarantines, the impact of the pandemic on women returning to the workforce, and strategies to protect migrant and refugee women.  Several speakers raised the intersectional nature of violence against women, including increased violence towards women of color, and special circumstances faced by disabled women.  Representatives of participating States showcased efforts to support women in leadership positions and programs to address violence.  Civil society participants from Central Asian and other countries expressed concern about some participating States using women’s initiatives to cultivate political favor instead of addressing issues of disparities and discrimination.  Others noted that progress had been made but voiced ongoing concern about how the pandemic negatively affected gains made previously in the workforce and in addressing domestic violence.   The event was attended by more than three hundred participants, including representatives from more than 50 OSCE participating States.  Dr. Mischa Thompson attended on behalf of the Helsinki Commission.

  • Helsinki Commission Digital Digest November 2021

  • Authoritarian Abuse of INTERPOL

    Mr. WICKER. On November 23, the International Criminal Police Organization, better known as INTERPOL, will begin its annual General Assembly in Istanbul. INTERPOL is a vital global law enforcement network that helps police from different countries cooperate with each other to control crime. Unfortunately, it has also become a tool in the hands of despots and crooks who seek to punish dissidents and political opponents in an effort to turn other countries’ law enforcement against the rule of law. Rooting out this sort of abuse should be the top priority going in to the INTERPOL General Assembly. These abuses make a mockery of Interpol and are threatening its continued existence. INTERPOL's constitution cites the Universal Declaration of Human Rights as the basis for police cooperation. Importantly and significantly, Article 3 of that declaration forbids INTERPOL from engaging in any activities of a political, military, religious or racial character. All 194 member nations have committed to uphold Article 3 and the entire INTERPOL constitution, so it is troubling. As a matter of fact, it's even worse than troubling. It's egregious that INTERPOL chose to host this year's General Assembly in Turkey. A country that has become one of the worst abusers of INTERPOL’s Red Notice and Blue Notice systems. Turkey has repeatedly weaponized INTERPOL to persecute and arrest government critics on politically motivated charges. Journalist Can Dundar is a prime example. Mr. Dundar is one of Turkey's most prominent media personalities and has received international awards for defending freedom of the press. In 2018, Turkey demanded that INTERPOL issue a red notice for Mr. Dundar's arrest. What had he done? He simply criticized his government. He had reported on the Turkish government supplying arms to an Islamist group in Syria. He was charged by a Turkish court with espionage and aiding a terrorist group. The group was never named. And sentenced to 27.5 years in prison in absentia. Thankfully, Germany has refused to extradite Mr Dundar, but this is the sort of thing we see from this year's host of the conference in June of this year. Turkish media reported that INTERPOL had rejected nearly 800 red notices sent by the Turkish government. A Swedish human rights group reported in 2016 after the failed coup in Turkey, that the Turkish government filed tens of thousands of INTERPOL notifications targeting persons who were merely critics and political opponents of the government. Some of these people were stranded in international airports, detained and handed over to Turkey, where they ended up in prison. There are also alarming signs that Turkey is trying to leverage this year's General Assembly to further its own authoritarian goals. This past June, Turkish Deputy Foreign Minister Havel's Saleem Kiran openly asserted that the General Assembly in Istanbul “will be an important opportunity to explain in detail our rightful position regarding our fight against terrorist organizations and our rejected notices.” Translation: Turkey plans to use this high level event to mislead and lie to the international community. They will no doubt try to explain why President Erdogan should be able to hunt down his critics in foreign countries using foreign law enforcement through INTERPOL. This will be a travesty, one that indeed threatens the legitimacy and future viability of INTERPOL. And of course, Turkey is not the only offender we could talk about. Russia, China and Venezuela have routinely misused Interpol to oppress their critics. The case of Bill Browder, a free critic of the Putin regime and advocate for the Magnitsky Act, is probably the most well-known example of such abuse. Vladimir Putin has issued no fewer than eight INTERPOL diffusions seeking to have Bill Browder extradited, none of which thankfully have been obeyed. These abuses should not be allowed to go on. INTERPOL needs protection on behalf of countries that actually believe in human rights - they believe in open dissent and the rule of law. Providing that protection is why I have introduced the Transnational Repression, Accountability and Prevention Act or TRAP Act. This is a bipartisan effort, Mr. President, with four Republican co-sponsors and four Democratic co-sponsors. This bipartisan legislation would fortify U.S. systems against INTERPOL abuse and would require that we use our influence to push for due process and transparency reforms at INTERPOL, American law enforcement should never be doing the work of foreign crooks and dictators. I hope that I can count on my colleagues in this chamber to support this much needed legislation, and I invite my colleagues to be added to the co-sponsor list. Thank you, Mr. President.

  • Fifteen Years of the Recommendations of Policing in Multi-Ethnic Societies

    By Nathaniel Haas, Max Kampelman Fellow On November 5, 2021, the OSCE High Commissioner on National Minorities convened a hybrid conference commemorating the 15th anniversary of “Recommendations on Policing in Multi-Ethnic Societies.” The conference focused on continuing challenges and new perspectives related to policing in diverse societies and was attended by more than 200 participants from thirty participating States and civil society, including Helsinki Commission Chairman Sen. Ben Cardin. Helsinki Commission staff Shannon Simrell and Dr. Mischa Thompson also attended. OSCE High Commissioner Kairat Abdrakhmanov opened the meeting, stating, “The Policing Recommendations provide guidance on how to enhance communication and trust between the police and national minority communities, thereby strengthening inter-ethnic relations, as well as increasing the operational effectiveness of the police.” He also noted the importance of the recommendations in assisting policymakers in ensuring police represent the societies they serve. Citing the urgent need to address discriminatory policing following the tragic death of George Floyd, Chairman Cardin said, “Strengthening cooperation between law enforcement and civil society, providing victims assistance, and promoting democracy and equal opportunity must become key aspects of the OSCE effort to address hate crimes and intolerance in the region.” As the OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, Chairman Cardin also called attention to the urgent item recently adopted by the OSCE PA calling for an OSCE plan of action to address bias motivated violence, including in policing. Against the backdrop of high-profile cases of discriminatory policing, speakers discussed barriers and solutions to addressing police misconduct, increasing diversity in police forces, strengthening police-community relations, and incorporating minority and gender perspective in policies relating to police recruitment, training, and operations. Recommendations included training law enforcement officers on language and multicultural communications skills and developing inter-ethnic trust building measures to foster better community relations. Other speakers recalled the important role of police in working with communities following terrorist attacks such as the Pittsburgh Tree of Life and Norway attacks, as well as addressing issues of radicalization within police forces.   Several panelists recommended developing targeted outreach and recruiting campaigns to need for ethnic and gender diversity to increase police effectiveness and decrease violence.  Senior Police Advisor Kara Rose of the U.S. State Department’s Bureau of International Narcotics and Law Enforcement Affairs offered examples of U.S. programs addressing implicit and explicit bias in the criminal justice system.  She highlighted gender strategies and programs that promote the protection of women and minorities in law enforcement careers.  Theresa Segovia, Associate Director of the Community Relations Service of the U.S. Department of Justice, discussed her work with religious communities and how working with youth was key to developing strong relations with multi-ethnic communities.  Given the duty of police to protect and serve, speakers also discussed the importance of depoliticizing the police and ways to keep police safe on the job amidst continuing societal tensions.

  • Helsinki Commission Supports Invocation of OSCE’s Vienna Mechanism in the Face of Sustained Human Rights Crisis in Belarus

    WASHINGTON—Following the invocation of the OSCE’s Vienna Mechanism to address the mounting human rights crisis in Belarus, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “One year after the release of a comprehensive, unbiased, and damning report detailing human rights abuses by the Lukashenko regime, Lukashenko has not simply failed to act on the report’s recommendations—he has intensified his brutal crackdown on those in Belarus who continue to fight for their fundamental freedoms. “Among its other commitments as an OSCE participating State, Belarus is bound to respect human rights and hold free and fair elections. By invoking the Vienna Mechanism, the United States and 34 other countries demand that the authorities in Belarus finally address the violations raised in the 2020 report and inform the international community about the steps the Lukashenko regime is taking to investigate those serious allegations. Ensuring human rights violators are held to account is of importance to us all.” In September 2020, 17 OSCE participating States, including the United States, invoked the OSCE’s Moscow Mechanism to investigate credible accounts of widespread human rights violations perpetrated in the aftermath of Belarus’ fraudulent August 2020 elections. The Moscow Mechanism allows a group of OSCE participating States to appoint independent experts to investigate a particularly serious threat to the fulfillment of human rights commitments in a participating State. On November 5, 2020, the Moscow Mechanism report substantiated numerous allegations of torture and repression and included recommendations and advice for the Government of Belarus, the OSCE, and the international community. Lukashenko’s government failed to cooperate with the investigation. On November 4, 2021, as a follow-up to the 2020 report, 35 OSCE participating States posed detailed questions to the Lukashenko regime via OSCE’s Vienna Mechanism, which obliges participating States to respond to formal requests for information from other States about serious human rights concerns. The commission convened a hearing on human rights in Belarus on September 21, 2021.

  • HELSINKI COMMISSIONERS JOIN OSCE PA MEETING ON AFGHANISTAN, DEBATE POLICY RESPONSES

    On November 4, 2021, more than 40 members of the OSCE Parliamentary Assembly (PA) met remotely to discuss the current security challenges posed by developments in Afghanistan and the future of OSCE engagement with Afghanistan under the Taliban’s rule. Since 2003, Afghanistan has been an OSCE Partner for Cooperation and shares a border with several OSCE countries. The debate, which was attended by seven members of the Helsinki Commission, took place as part of the OSCE PA’s annual Autumn Meeting. Each year, the Autumn Meeting focuses on debating one or more currently relevant issues confronting the OSCE region.  This year’s Autumn Meeting was originally planned to be in Dublin, Ireland, but a resurging COVID-19 pandemic forced the OSCE PA to rely on emergency procedures that allow for statutory meetings to be conducted remotely. OSCE PA Leaders Outline Challenges Posed by Afghanistan OSCE PA President Margaret Cederfelt opened the debate with an overview of the challenges presented by the Taliban’s takeover of Afghanistan. While three OSCE countries—Uzbekistan, Turkmenistan, and Tajikistan—share a border with Afghanistan, developments there also have serious implications for the rest of the OSCE participating States. The worsening humanitarian crisis, the Taliban’s historical connections to terrorism, the negative economic fallout, the potential impact on neighboring countries, and deteriorating human rights, particularly for women and girls, were all of concern. “Those who will suffer most from this is, of course, the ordinary people,” President Cederfelt emphasized, while highlighting the impending economic turmoil Afghanistan faces. “It is essential that human security is protected by safeguarding the fundamental rights of all Afghans.” President Cederfelt also underscored the need for international cooperation while addressing this situation, given its global security implications. The three leaders of the PA General Committees highlighted aspects of the crisis related to their specific mandates. Helsinki Commissioner Rep. Richard Hudson, who chairs the General Committee on Political Affairs and Security, noted, “Perhaps most alarming is the return of an international terrorist threat from Afghanistan. He also highlighted the production and trade of narcotics and illegal drugs backed by the Taliban as a serious challenge with global implications, thanks to major trafficking routes. “The security situation in Afghanistan is intrinsically linked with that of the OSCE region as a whole—but it will first and most immediately affect Afghanistan’s neighbors in Central Asia,” he said. “We must all be especially concerned about threats to the three OSCE participating States that have borders with Afghanistan: Tajikistan, Turkmenistan and Uzbekistan. This is perhaps the area in which our organization can have the greatest and most immediate impact." The other two general committee chairs shared their concerns as well. Pere Joan Pons of Spain, who chairs the General Committee on Economia Affairs, Science, Technology, and Environment, highlighted Afghanistan’s current economic and environmental challenges, especially given the country’s vulnerability in the face of climate change. Sereine Mauborgne of France, who chairs the General Committee on Democracy, Human Rights, and Humanitarian Questions, discussed the serious human rights violations faced by women, girls, and other vulnerable populations. In addition, many Afghans face urgent or extreme food and security issues; the Taliban lacks the capability to provide either for the Afghan people. Director of the OSCE Conflict Prevention Center Tuula Yrjölä discussed Afghanistan’s relationship to the OSCE as a Partner for Cooperation and the potential role of the OSCE role in addressing the situation. She concluded that Afghanistan’s partnership status in the OSCE was based on shared values; its future may be in question under a Taliban government. Helsinki Commissioners Participate in the General Debate Following the introductory remarks, six members of the Helsinki Commission—including all four senior commission leaders—took the floor to voice their concerns and engage with other parliamentarians. Helsinki Commission Chairman Sen. Ben Cardin, who also serves as the Head of the U.S. Delegation and the OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, expressed disappointment at how quickly the democratic government and institutions in Afghanistan deteriorated, despite years of investment and support. “One of the prime reasons was corruption,” explained Chairman Cardin. The rights of women and girls and ensuring humanitarian assistance reaches populations in need were two areas that he insisted be of focus as international efforts move forward. Media freedom was of particular concern for Helsinki Commission Co-Chairman Rep. Steve Cohen. “Lower-level Taliban forces threaten and harass journalists,” he stated. “RFE/RL has reported that over the past weeks, its remaining journalists have been questioned by armed Taliban and door-to-door searched have been conducted looking for journalists affiliated with the United States.” Media freedom is among the fundamental freedoms the OSCE seeks to protect, and Co-Chairman Cohen insisted the Taliban must be held responsible for violating these rights. Helsinki Commission Ranking Member Sen. Roger Wicker, who also serves as an OSCE PA Vice President, shared legislation he is sponsoring in Congress that seeks to strengthen the American response to Afghanistan and reiterated the dangers that religious and ethnic minorities in Afghanistan currently face. Ranking Member Rep. Joe Wilson highlighted the dangers of terrorism and the oppressive rule of the Taliban. “It cannot be business as usual with the Taliban,” he stated.  “Together, we must use our leverage to prevent Afghanistan from again becoming a terrorist haven devoid of human rights.” Chairman Cardin, Sen. Wicker, and Rep. Wilson all expressed concern over Afghanistan’s status as an OSCE Partner for Cooperation. “Before we recognize any representative of Afghanistan in our assembly, we should make sure that they will adhere to the principles of the Helsinki Final Act,” Chairman Cardin stated. Rep. Wilson argued that Afghanistan’s partner status should be reconsidered, and Sen. Wicker also emphasized the importance of the values shared by OSCE participating States and Partners for Cooperation. “I would hope that it is our position going forward that the Taliban-led government in Afghanistan not be recognized as an OSCE Partner for Cooperation,” Sen. Wicker said. Helsinki Commissioner Rep. Gwen Moore focused on the dangers for women and girls and the human rights violations they face. Despite advances made in women’s rights in Afghanistan during the past two decades, the return of Taliban rule has brought a resurgence of violence and restrictions, endangering the lives of women throughout the country. Many have fled Afghanistan, fearing for their safety, while others have remained to fight for their country. While Rep. Moore strongly advocated for supporting resettlement efforts, she also emphasized that resettlement was a last resort. “We must continue to press for the protection of these women in their own country,” she said. Ms. Moore also proposed that the OSCE PA create and maintain a project to monitor and support Afghanistan’s female parliamentarians. Helsinki Commissioner Rep. Ruben Gallego stressed the importance of aiding Afghans still in Afghanistan. “We must find ways to support Afghans in-country who are bravely calling for progress, and we must stand up for the human rights of those who suffer at the hands of the Taliban,” he said. Rep. Gallego further argued that the international community must do more than simply aid in the evacuation of those fleeing the Taliban’s rule. “We must also ensure that those who have been evacuated have long-term support in the resettlement process. The United States must do its part in accepting the bulk of Afghan refugees, and I have personally pushed in Congress to provide Afghans with the long-term resources they need to settle into a new life,” he stated, and asked all the participating parliamentarians to urge their countries to do the same. OSCE Efforts Moving Forward Throughout the debate, which highlighted various vulnerable populations and severe security threats that must be addressed in the future, one recurring theme was the need for international cooperation. While President Cederfelt began the meeting by observing that it will be impossible to know the future, Rep. Gallego expressed one certainty. “The end of America’s military commitment in Afghanistan does not mean we will turn a blind eye to Afghanistan’s people or the security of the region,” he said.

  • Helsinki Commission Welcomes Confirmation of Michael Carpenter as U.S. Ambassador to the OSCE

    WASHINGTON—Following the November 3 confirmation of Michael Carpenter as Permanent Representative of the U.S. Mission to the Organization for Security and Co-operation in Europe (OSCE), Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “We are delighted that the Senate has confirmed Michael Carpenter as our next ambassador to the OSCE. He is an expert on European security, has the ear of the president, and his confirmation clearly demonstrates the strong commitment of both Congress and the administration to upholding Helsinki commitments and the OSCE’s concept of comprehensive security. “We look forward to working closely with Ambassador Carpenter to confront the threats to U.S. interests across the region and to realize the potential of our investment in a Europe whole, free, and at peace. Countering Vladimir Putin’s dangerous behavior on the ground and within the OSCE itself is paramount. Russia’s war against Ukraine, its illegal troop presence in neighboring countries, and its efforts to undermine the OSCE’s human dimension require a robust response from the United States and our allies.   “We further pledge our support to Ambassador Carpenter as he works to enhance the capacity of the OSCE to counter corruption, mediate conflicts, promote tolerance and non-discrimination, and address the alarming increase in political prisoners across the region.” Ambassador Carpenter will lead the U.S. Mission to the OSCE, comprising a multi-agency team of more than 30 staff members, including a representative from the U.S. Helsinki Commission.

  • Helsinki Commission Digital Digest October 2021

  • 30th Anniversary of OSCE's Office of Democratic Institutions and Human Rights

    Mr. CARDIN. Mr. President, I rise to commemorate the 30th anniversary of the creation of the Organization for Security and Cooperation in Europe’s—OSCE—Office of Democratic Institutions and Human Rights—ODIHR—one of the world’s most preeminent and comprehensive human rights protection bodies. In 1990–1991, during the signing of the Charter of Paris for a New Europe that created ODIHR, a spirit of ‘‘profound change and historic expectations’’ prevailed among the United States, nations of Europe, and the Soviet Union. Revolutionary for their time, heads of state and governments resolved to ‘‘build, consolidate and strengthen democracy as the only system of government of our nations.’’ Further, by affirming that government’s first responsibility is to ensure the ‘‘protection and promotion of human rights,’’ they explicitly linked the full attainment of those rights with ‘‘the foundation of freedom, justice and peace’’ and set the standard for relations and security within and among nations. Now, 30 years later, I am deeply concerned that the fundamental freedoms that ODIHR was founded to safeguard are in peril. Authoritarianism is on the rise in Europe. Credible reports allege there are more than 750 political prisoners in Belarus, many detained for participating peacefully in protest of the fraudulent elections of August 2020 and the brutal government crackdown that followed. In Hungary, Viktor Orban’s administration continues its unprecedented consolidation of Hungary’s media, even as opposition figures organize to resist him. In many countries across the OSCE area, we have witnessed an alarming rise in anti-Semitism, racism, religious and other intolerance, and violence against women. These scourges have worsened the conditions imposed by the COVID–19 pandemic that disproportionately affect the most vulnerable in our communities. With these and other challenges in mind, ODIHR’s valuable work to assist nations to live up to their commitments is more relevant and more needed than ever. ODIHR is empowered by states to ensure respect for human rights, fundamental freedoms and the rule of law, and to promote and strengthen democratic institutions and tolerance. ODIHR actively partners with OSCE’s 57 participating states, civil society, and international organizations to support human rights defenders, enhance the independence of judiciaries, and promote human-rights-based policing. It offers legislative reviews and develops tools to support local government officials, including the Words into Action project, which enhances social inclusion within local communities and for which I proudly help secure funding. The most visible demonstration of ODIHR’s collaboration with the United States is perhaps in the field of election observation, where its methodology is rightly seen as the gold standard in international election observation. Since its founding, ODIHR, the Department of State, and the U.S. Congress, through the OSCE Parliamentary Assembly, have deployed thousands of American citizens and legislators to observe the conduct of elections across the OSCE area, including in the United States. Since OSCE states pledged in 1990 to hold free and fair elections, elections observation has been recognized as one of the most transparent and methodical ways to encourage states’ commitment to democratic standards and is a hallmark of ODIHR’s work. For nearly 30 years, ODIHR has organized Europe’s largest human rights review conference, the Human Dimension Implementation Meeting—HDIM—gathering thousands of representatives of governments, parliaments, and civil society for 2 weeks around the same table to review progress on human rights commitments. Unfortunately, the HDIM did not take place this September. Russia blocked consensus to hold the meeting, thereby denying the OSCE region’s nearly 1 billion citizens of a meaningful and sustained opportunity to hold their governments to account. In September, Russia also prevented ODIHR from deploying a full and independent election observation mission to observe its Duma elections. Likewise, Russia was responsible for the closure of OSCE’s border observation mission, which provided valuable insight into the personnel and materiel flowing across Russia’s border into the temporarily occupied areas of eastern Ukraine. ODIHR’s work is more important and relevant than at any time since its founding at the end of the Cold War. I would like to take a moment to extend my heartfelt appreciation to ODIHR’s 180 staff from 35 countries, upon whose dedication and professionalism we rely as we strive to realize an equitable and just future for all. ODIHR is not only the human rights arm of the world’s largest regional security organization; it is also the independent body endowed to assist us as we pursue this important goal. The phrase ‘‘Vancouver to Vladivostok’’ is routinely invoked to describe the organization’s broad geographical reach. However, it is perhaps ODIHR—and OSCE’s—revolutionary and comprehensive concept of ‘‘security,’’ which includes military security, economic and environmental cooperation, and human rights, that is its defining characteristic and most important contribution to world peace and the reason why we should all be celebrating ODIHR’s 30th anniversary this year and take steps to ensure its success for years to come.

  • In Pursuit of Truth

    A free press is the lifeblood of democracy; without independent media, democracy is doomed, economies suffer, and peace is imperiled. In many of the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE), autocrats exploit financial and legal means, alongside physical violence, to intimidate and silence independent media. Journalists and their associates are attacked both online and offline; jailed on phony charges; and even killed for the secrets they expose. Leaders undermine public trust in the press to hide their misdeeds. Disinformation—particularly lies related to the COVID-19 pandemic—continues to pollute the information landscape. In her first appearance before Congress, OSCE Representative for Freedom of the Media Teresa Ribeiro assessed the state of media freedom across the OSCE region. Other expert witnesses discussed recent attacks on journalists and media outlets, the motivations that lead authorities to try and silence the press, global disinformation networks, and more. Helsinki Commission Chairman Sen. Ben Cardin (MD) opened the hearing by stating that media freedom is the bedrock of the democratic process, making it possible for citizens to make informed decisions on their political reality. He also addressed COVID-19 and disinformation, citing the need to safeguard fundamental freedom of expression while performing the vital task of reporting the truth. Chairman Cardin cited a Freedom House report showing a decline in democracy in some countries, often overlapping with a decline in media freedom, and expressed a concern over the silencing of media in Azerbaijan, Belarus, Hungary, Turkey, and Russia to name a few. As a co-sponsor of the Global Press Freedom Act, Senator Cardin expressed his wish for the U.S. to become more involved in press freedom across the globe. The OSCE Representative on the Freedom of the Media (RFOM), Teresa Ribeiro, thanked the Helsinki Commission for the strong support for the RFOM as an institution and media freedom and expression. Ribeiro seconded Chairman Cardin’s statement that free and independent media is a core pillar of democracy, adding that media is more than just a provider of daily news. Ribeiro addressed the steady decline of media freedom all over the OSCE region and decline in trust in the media. “We live in a time where accusing media outlets and individual journalists of false news has become the norm,” she said. Key issues, according to Ribeiro, include rising violence against journalists, abuse of the legal system to silence their work, restrictions imposed by authoritarian governments on the media, declining trust in the media, as well as the power of social media companies and their ability to shape the media landscape. Ribeiro argued that governments have a positive obligation to protect both the freedom of expression and a free press that delivers truthful information to citizens. In her opinion, the best way to fight disinformation is not through restrictive laws, but rather by promoting independent journalists. Robert Mahoney, the deputy executive director of the Committee to Protect Journalists (CPJ), reported on his organizations efforts to track media freedom across the OSCE region. He stated that journalists and media have come under attack in almost all OSCE countries. Some of these attacks are by private citizens, but most attacks on press freedom are carried out by governments such as those in Hungry, Poland, Tajikistan, Serbia, Turkmenistan, Belarus, or Russia. Specifically, Mahoney mentioned the number of journalists behind bars in Turkey and the use of foreign agent laws in Russia to sideline media. He also expressed concern over the targeted murders of journalists in the OSCE in countries including Ukraine, Slovakia, and Malta. Mahoney recommended fully implementing the 2018 OSCE ministerial council agreement on the freedom of the media, supporting the RFOM mandate and urging the mandate holder to challenge those countries with the worst press freedom records, implement the policies outlined in the 2020 resource guide by the RFOM on the safety of female journalists online, and considering the use of targeted sanctions to gold governments within the OSCE region accountable for their violations of press freedoms. Jamie Fly, President of Radio Free Europe and Radio Liberty, gave an update on his organizations efforts to provide news and media to 27 countries across Eurasia. Much of his testimony was focused on Russia and Belarus, where the gravest violations of press freedom occur. In Russia, foreign agent laws are increasingly being used to violate the freedom of the press and fines connected to these laws (such as $4.4 million owed by RFE/RL to Russia) are used to pressure news outlets financially. Fly believes the Kremlin is seeking absolute control over the information space in advance of the end of President Vladimir Putin’s current term in 2024. In Belarus, RFE/RL officers were raided, and equipment was confiscated. Meanwhile, many journalists threatened by the new government in Afghanistan are still hoping to evacuate and require outside support. Fly called for more advocacy for journalists in critical regions, funding for unbiased media to counter the large sums of money authoritarian governments spend on their biased media outlets, as well as pressure on those governments which jail journalists. Peter Pomerantsev, Director of the Arena Program and Senior Visiting Fellow at Johns Hopkins University, testified that the principles we use to defend journalists are being weaponized to attack journalists in other countries. He argued that the crushing of media voices happens not only through censorship, but also through the flood of disinformation. These mass inauthentic campaigns take away the fundamental right to receive information and know its origins, Pomerantsev said, and argued that the best way to counter such disinformation is through better transparency on the origins of content encountered online. Helsinki Commissioner Sen. Jeanne Shaheen (NH) asked the witnesses about steps the United States could take to counter disinformation and misinformation, especially strategies that have been found to be successful in Europe. Ribeiro answered that media literacy and better training for journalists to become fact checkers are key. Additionally, building back trust between the media and the public is vital, and the local level is the best way to do so. Mahoney agreed, stating that local news is generally trusted more than the news at a national level, but the decline in local news outlets in the U.S. has pushed people towards getting news from social media. Acknowledging various levels of media freedom across the OSCE, Chairman Cardin asked what best practices are to protect the freedom of the media. Ribeiro replied that different tools need to be used in different countries. Some countries have strong rule of law, yet still have issues with media freedom. In her capacity as RFOM, her tools include voice, advocacy, and assisting participating states to improve media freedom. Chairman Cardin also asked what should be done to protect journalists against indiscriminate arrests, detentions, and physical violence. Mahoney answered that the number one focus must be on bringing those who murder journalists to justice. Too often the murderers go free, sending the signal to others that journalists can be silenced this way. Next, to pressure governments that imprison journalists, including calling them out at conferences on the international stage. Lastly, the OSCE and EU must lift their standards and prevent capture of the media by the state. Chairman Cardin thanked Mahoney for his comments and added that the Helsinki Commission and the U.S. Congress is happy to help, but needs specifics like names and stories, not numbers, to advocate for journalists across the world. Asked about where the United States needs to concentrate its priorities regarding RFE/RL in the OSCE region, Jamie Fly noted the importance of social media in reaching audiences, and therefore the power social media companies have over RFE/RL. Social media algorithms dictate which content users see, and often authoritarian regimes intervene and pressure social media companies to remove content critical of them because of supposed terms-of-service violations, as was the case with Navalny’s election app in Russia. Fly affirmed the need for pressure and targeted sanctions on regimes violating press freedom, as well as support for journalist who cannot work safely in their home countries. Pomerantsev expanded on the issues of social media algorithms, explaining that understanding why an algorithm promotes some content over another is key to slowing disinformation. He emphasized that transparency, not regulation of content, is the best way to do so. Helsinki Commission Ranking Member Sen. Roger Wicker (MS) addressed the rising violence against journalists worldwide, including 29 killings in 2021, and increased imprisonment of journalists. Calling out Turkey, a NATO ally, for severe transgressions, Sen. Wicker asked if there is hope for improvement. Mahoney responded by saying the decline of press freedoms in Turkey has been happening for 20 years, but the coup attempt in 2016 worsened it. In his opinion, the OSCE and EU have been unsuccessful in attempting to bring change to media conditions in Turkey and must be more forceful in their critique of Erdogan and his regime. Chair Cardin closed the hearing by stating, “This commission stands ready to work with you to protect individual journalists as well as to put a spotlight on counties which are violating the freedom of the media.” Related Information Witness Biographies  

  • Helsinki Commission Mourns Death of Colin Powell

    WASHINGTON—Following the death of former U.S. Secretary of State Colin Powell, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “We mourn the loss of a thoughtful leader, respected diplomat, and dedicated public servant. Former Secretary of State Colin Powell actively supported the work of the Organization for Security and Cooperation in Europe (OSCE) and its comprehensive definition of security, which includes respect for human rights. In 1990, as Chairman of the Joint Chiefs of Staff, his leadership of the U.S. delegation to a seminar in Vienna on military doctrine demonstrated that when Moscow was serious about overcoming differences through the Helsinki Process, the United States was ready to collaborate, as is true today. “Secretary Powell’s subsequent work in the OSCE on fighting anti-Semitism and championing election observation proved that he was not only a warrior and a diplomat, but also a steadfast advocate for human rights and a defender of the most vulnerable.” Secretary Powell was one of the most active U.S. Secretaries of State in OSCE history, personally attending Ministerial Council meetings in 2001, 2003, and 2004. In 2001, he said: “We see our membership in the OSCE as complementing and reinforcing our strong bilateral ties with European and Eurasian countries, our membership in NATO, and our relationship with the European Union. This organization embraces a wide-range of ethnicities, traditions and histories. More importantly, it reflects our common embrace of democratic and market principals and our common commitment to peace and stability. In short, the OSCE encompasses the hopes that all of us share for a Europe that is fully whole and free.”

  • Has Interpol become the long arm of oppressive regimes?

    Flicking through the news one day in early 2015, Alexey Kharis, a California-based businessman and father of two, came across a startling announcement: Russia would request a global call for his arrest through the International Criminal Police Organization, known as Interpol. “Oh, wow,” Kharis thought, shocked. All the 46-year-old knew about Interpol and its pursuit of the world’s most-wanted criminals was from novels and films. He tried to reassure himself that things would be OK and it was just an intimidatory tactic of the Russian authorities. Surely, he reasoned, the world’s largest police organisation had no reason to launch a hunt for him. In the months that followed, Kharis kept checking Interpol’s gallery of thousands of international fugitives. He finally came across his mugshot, glaring back at him like a hardened criminal. “My God,” he exclaimed, now terrified. “This guy is a terrorist; that guy is a murderer; this guy abducted children – and there’s me,” he remembers thinking as he looked through the Interpol register. It was while running a large construction company in Russia that Kharis first found himself on the wrong side of the authorities. His firm, ZAO Rosdorsnabzhenie, had a government contract in 2010 to renovate shipyards near the far eastern city of Vladivostok. He says his business partner, Igor Borbot, told him about high-level officials embezzling money from the project. Kharis says he was targeted after he threatened to speak publicly about the ministerial corruption and refused to give false testimony against Borbot. Kharis says agents from Russia’s Federal Security Bureau told him during interrogation in 2013: “Your partner is going down – you can help us or you can go down with him.” He had hoped – naively, he says now – that investigations in Russia would clear his name. The Interpol notice confirmed he was wrong. It outlined major fraud charges carrying a 10-year prison sentence, alleging that Kharis was part of a “criminal group” that had stolen tens of millions of pounds from his own company. Ted Bromund, who testified in Kharis’s case in the US as an expert witness, spent days scrutinising the case files and came to believe that the charges were baseless. “They don’t seem to have any substance whatsoever,” he says. Bromund, an international affairs specialist with a rightwing US thinktank, the Heritage Foundation, concluded that this was the latest in a pattern of Russian attempts to weaponise Interpol with trumped-up requests to arrest its nationals. According to the US rights organisation Freedom House, Russia is responsible for 38% of all public red notices. Far from indicating that Kharis had committed a crime, Bromund wrote later in his testimony, the notice “proves only that the Russian Federation filled out the appropriate Interpol form”. Interpol declined to comment on Kharis’s case, beyond confirming the status of his red notice. US immigration authorities did not share this view of Interpol’s request, however. The Department of Homeland Security used it to argue that Kharis was a “flight risk” and he was detained in San Francisco in 2017. Kharis spent the next 15 months in California prisons. His wife, Anna, published a blog during this time. “Many tears and sleepless nights followed,” she wrote of his detention, telling the children their father was away on a business trip. She describes Kharis as “a caring father” who would “spend the night rocking the cradle and then head off for his business early in the morning”. He called every night to tell their two young children everything was OK. But with no release date, prison took its toll. First mooted in 1914, Interpol was established in 1923, in large part to stop people from committing crimes in one country and fleeing elsewhere with impunity. The organisation has been misused by oppressive regimes before – in 1938, the Nazis ousted Interpol’s president and later relocated the organisation to Berlin. Most countries withdrew and it ceased to exist as an international organisation until after the second world war. The 194 member states support searches for war criminals, drug kingpins and people who have evaded justice for decades. Its red notices are seen as a vital tool and the closest thing to an international arrest warrant, leading to the location of thousands of fugitives each year. Red-notice subjects have included Osama bin Laden and Saadi Gaddafi, the son of Libya’s former dictator. As criminals move around an increasingly interconnected world and terrorist incidents increased, the use of Interpol’s system has mushroomed. In the past two decades, red notices increased tenfold, from about 1,200 in 2000 to almost 12,000 last year. (There are also other forms of Interpol notices, such as yellow for missing children, black for unidentified dead bodies.) Alongside the growth of the most-wanted list, international legal experts say there has also been an alarming phenomenon of countries using Interpol for political gain or revenge – targeting nationals abroad such as political rivals, critics, activists and refugees. It is not known how many of roughly 66,000 active red notices could be based on politically motivated charges; Interpol does not release data on how many red notices it rejects. But a number of reports, including from the US Congress, the European parliament and academics have documented the misuse of Interpol in recent years. Bromund says: “I don’t think there’s any dispute that […] the number of abusive red notices is growing.” Seeking to manipulate Interpol is a feature of transnational repression, in which countries extend their reach overseas to silence or target adversaries. Tactics range from assassinations, poisonings and dismemberments to blackmail, spying on citizens’ phones abroad and threatening families left behind. The methods may differ, but they are intended to send a similarly menacing message in an era of global movement: you may leave your country but you can still be punished. Interpol’s move earlier this month to reinstate Syria’s access to the organisation’s databases and allow it to communicate with other member states was strongly criticised by opposition activists. Anas al-Abdah, head of the Syrian opposition’s negotiating body, said Interpol’s decision had given Bashar al-Assad’s regime the data-based means to wage another war against the Syrian people. Toby Cadman, a British barrister working on Syria-related war crimes prosecutions, said in response to the decision: “Interpol’s systems are opaque, with no real oversight or accountability, and routinely abused by states like Syria. “It’s quite straightforward to get a red notice issued – you don’t need to provide that much information, and Interpol is underfunded and understaffed,” he said, but added: “Getting a red notice removed, even in European countries such as the UK or the Netherlands, can be slow and difficult.” A red-notice subject’s fate can vary wildly. Some countries see red notices as an alert system while others treat them as arrest warrants, incarcerating people or co-operating with extradition proceedings against them. People may have their assets frozen, their passports confiscated and their movements restricted – as well as the reputational damage from being designated as an international criminal. Some first learn of their Interpol wanted status when they cross a border. For Hakeem al-Araibi, a Bahraini footballer living as a political refugee in Australia, it was on his honeymoon in Thailand in 2018. He was arrested with his wife after Bahrain issued an Interpol notice accusing him of vandalism. (Al-Araibi fled Bahrain after athletes who took part in pro-democracy protests were arrested, beaten and allegedly tortured while detained.) Interpol revoked the notice when Australia notified it of al-Araibi’s refugee status, but that did not prevent al-Araibi from spending 76 days in Thai prisons. Al-Araibi’s case is one of several to have sparked a public outcry in recent years. Another political activist pursued abroad through Interpol’s red notices was Petr Silaev, a Russian environmentalist and anti-fascist who was charged with “hooliganism” after demonstrating in 2010 against plans for a motorway to be built through the Khimki forest outside Moscow. He fled the country as the Russian authorities rounded up fellow protesters and was granted political asylum in Finland. In 2012, however, he was arrested in Spain after an Interpol alert and detained in a high-security prison. He spent months fighting extradition to Russia. The human rights organisation Fair Trials said Interpol’s decision had left Silaev under threat of arrest whenever he crossed a border and called on the organisation to justify its decision and “explain whether it is helping Russia to pursue anyone else across the globe on hooliganism charges”. In the UK, Benny Wenda, a separatist leader from West Papua who escaped from prison in Indonesia and was granted asylum as a political refugee, had a politically motivated red notice issued against him by Indonesia. It was later deleted. “We must not misuse international organisations like Interpol for such purposes,” said the then German chancellor Angela Merkel, after a Turkish-born German writer, Doğan Akhanlı, was arrested in 2017 on the back of a Turkish Interpol notice while on holiday in Spain. However, only three months ago, Moroccan authorities arrested Yidiresi Aishan, an Uyghur activist, after China sought his extradition; Interpol later cancelled Aishan’s red notice after a review but he still faces the threat of deportation to China. Last month Makary Malachowski, a Belarusian opposition activist who had fled to Poland, was detained in Warsaw after Alexander Lukashenko’s government issued a red notice. “People expect you’re not going to believe them because what has happened to them is so crazy,” says Michelle Estlund, a Florida lawyer representing wrongfully accused clients wanted through Interpol. Estlund began helping Interpol-targeted clients 12 years ago, when a Venezuelan woman facing a red notice accusing her of fraud sought the criminal lawyer’s help. Estlund initially refused but has since worked with red-notice subjects from Russia to Ecuador, and remains shocked by how the law can be misused. The rise of online platforms for dissidents to criticise governments is fuelling a desire to shut down opposition voices, she says. “It’s just so against what we expect to see in any justice system, even abusive ones. The things the client goes through before they get to me are mind-boggling.” Interpol’s constitution forbids the organisation’s use for political matters and it announced in 2015 that it would remove a red notice if that person had been recognised as a refugee. Its work must also fall within the spirit of the Universal Declaration of Human Rights, which demands fair trials and free speech, and prohibits arbitrary arrests. Interpol says it screens every wanted-person request. In an organisation with such seemingly clear safeguards, what is going on? Weeding out questionable requests for international arrests falls to a specialist squad at Interpol’s Lyon headquarters, created in 2016. Turkey says Interpol has rejected 773 requests to detain people over suspected links with the popular movement Hizmet, led by the US-based Turkish cleric Fethullah Gülen, a former ally of President Recep Tayyip Erdoğan (Interpol confirmed the figure was more than 700). Turkey’s government regards members of the Gülen movement as a terrorist group responsible for plotting the failed 2016 coup and has criticised Interpol for hindering its prosecution efforts. There have been reports that Ankara attempted to upload as many as 60,000 names to Interpol, including via its stolen-passport database, but the organisation denied that figure. Interpol’s interventions against Turkey are among a number of publicly known examples of the organisation’s efforts to stop politically motivated notices in recent years. Yet some fear Interpol too often believes its members are working in good faith and providing it with accurate information. “Interpol is there to help the police do its work under the assumption that the police does its work honestly,” says Rutsel Martha, Interpol’s Dutch former legal chief and author of a study of the organisation. “That’s the system, so the first reaction is to do with the immediate situation, then legal controls kick in later in the process.” Among the easiest ways to craft misleading arrest requests is to accuse people of financial crimes such as money laundering, whereas a murder charge requires evidence of a dead body and political charges may break Interpol’s rules. “It’s very easy to either fabricate or manipulate information to create a charge of embezzlement or misappropriation or gaining unjust profit,” says Estlund. When she looks into red notices, she often finds charges to be unsubstantiated. What critics regard as a low level of proof required for a red notice can be seen in the case of a Turkmen human rights activist, Annadurdy Khadzhiev, who was detained in Bulgaria in 2002 over an Interpol notice accusing him of embezzling $40m (£30m) from Turkmenistan’s central bank. The alleged theft, however, took place four years after Khadzhiev had stopped working there. “It was objectively impossible for him to have committed the said crime,” according to the findings of a Bulgarian prosecutor cited in a 2014 European court of human rights judgment. A less-formal Interpol option for hunting fugitives, called “diffusions”, are often regarded as more vulnerable to misuse. Through these alerts, Interpol members can send arrest requests directly to each other. That is how Nikita Kulachenkov, a Russian-born Lithuanian refugee, spent several weeks imprisoned in Cyprus, after he was detained at the airport in 2016 en route to visit his mother. Kulachenkov faced a five-year prison term in Russia for allegedly stealing a street artist’s drawing. His Interpol alert was issued after he began working on investigations for the Anti-Corruption Foundation in Russia, founded by the opposition politician Alexei Navalny, who was poisoned with the nerve agent novichok last year and is now imprisoned in Russia. Kulachenkov claims he found the poster on a street and is adamant that the poster’s value was invented to create a politically motivated charge. He was investigated by Russia’s top prosecutors, who raided his Moscow flat. More than a year before his detention in Cyprus, Kulachenkov had pre-emptively written to Interpol asking it to reject calls for his arrest as he was being targeted for his anti-corruption work. Interpol acknowledged his concerns, and a spokeswoman said later that it checks all diffusions. Now living in Berlin, Kulachenkov still fears being stopped if he crosses certain borders – Interpol data on wanted individuals can remain on national police computer systems even after it has been revoked. Kulachenkov recalls incredulous Cypriot authorities laughing at the charges against him, saying: “Russia really wants you through Interpol for €60 of theft?” Interpol’s secretary general for the last seven years, Jürgen Stock, is unexpectedly open about the threat to Interpol’s credibility from problematic notices. He finds it frustrating that he sometimes finds out from newspapers, rather than his organisation, about wrongful arrest requests, such as those involving refugees. He says countries do not always notify Interpol about a person’s refugee status, which he regards as a “shared responsibility”. The 62-year-old has faced a “parallel pandemic” of Covid-related crimes including fake vaccines and other substandard medical products as well as fighting a wave of cyber-attacks and telecom scams. Stock describes Interpol’s “bread and butter job” as targeting “child abusers, murderers, fraudsters”. Stock does not give figures about Interpol’s tools being misused against political opponents and refugees but he insists that these notices are a “small number of cases” compared with the “overwhelming majority” of legitimate ones. However, even his rough estimate of no more than 5% of notices being improperly applied each year could mean hundreds of potentially wrongful arrest requests. Under Stock, Interpol has strengthened its oversight body – the commission for the control of Interpol’s files (CCF), which reviews appeals and can delete red notices – and publishes more information about decisions on complaints. He has also bolstered the specialist squad that reviews notices before they are published. Critics have welcomed the changes, but some say the system is still not robust enough. Stock acknowledges that there is more work to be done. “I don’t have the silver bullet at [this] stage for what else we can do,” he says, but stresses that he is committed to further strengthening safeguards, where possible, during his final three years in the post. A key challenge, lawyers say, is how long it can take to get non-compliant notices removed – and the damage that can happen in the meantime. This was the case for Selahaddin Gülen, a US permanent resident and nephew of Fethullah Gülen who was detained in Kenya last October, after an Interpol notice accused him of sex crimes involving a minor. (He denies the charges, which his lawyer called a “false dossier”.) Seven months later, after he reported to Kenyan police in May as part of his bail requirements, Gülen was detained again and deported to Turkey. “He had been completely illegally transferred without even a Kenyan court ruling,” says Nate Schenkkan, research director at Freedom House. “That’s a pretty obvious case of Interpol abuse.” Gülen’s lawyers asked Interpol to remove the red notice in December, arguing it violated rules on political motivated notices. An expert witness argued that after the 2016 attempted coup Turkey had reopened charges that had been dropped in 2008. In July, Interpol stated that Gülen’s red notice had been removed. But it was too late for Gülen: he was already in Turkish custody and now faces multiple charges including for terrorism offences, according to local media. Gülen’s wife has called her husband’s detention and deportation from Kenya a kidnapping. “I have not heard from him since that day,” she said in a video. The CCF is composed of eight specialists who usually meet every few months. In 2018, the most recent year for which data is available, it ruled that 48% of the 346 complaints it took forward had broken Interpol’s rules. Interpol’s penalties for members flouting its rules include blocking countries from accessing its databases and supervising use of its systems for up to three months. It says these are “corrective measures”, not punishments, and have been in place since at least 2011. Some countries are taking matters into their own hands to curtail abuse of Interpol’s processes. In the US, a bipartisan group in Congress based around the Helsinki Commission is seeking to pass the Transnational Repression Accountability and Prevention (Trap) Act, which was proposed in 2019 to restrict arrests based on Interpol red notices and prevent foreign governments from persecuting citizens abroad. Interpol is ultimately governed by its members, which include countries that may seek to game the system. Next month, member states’ representatives will gather in Istanbul to elect the organisation’s next president. Among those vying for the position, and reportedly a frontrunner, is a controversial candidate: Ahmed Naser al-Raisi, a senior security official from the United Arab Emirates who is on Interpol’s executive committee. Human rights organisations and lawyers accuse Raisi of overseeing a “notoriously abusive” state security apparatus that has imprisoned dissidents and misused Interpol’s red notices. A report earlier this year for International Human Rights Advisors by David Calvert-Smith, a former British judge and director of public prosecutions, concluded: “Not only would an Emirati president of Interpol serve to validate and endorse the [UAE’s] record on human rights and criminal justice but, in addition, Maj Gen al-Raisi is unsuitable for the role. He sits at the very top of the Emirati criminal justice system [and] has overseen an increased crackdown on dissent, continued torture, and abuses in its criminal justice system.” Kharis left prison in late 2018, after a US federal judge invoked evidence of Russia abusing Interpol procedures and of “serious flaws” in its wanted-persons system. Supporters in court cheered and hugged Kharis’s wife, Anna, who was in tears. His release has not ended the judicial struggle, which one US congressman called a “harrowing tale of mistreatment”. Kharis was tracked with an electronic ankle monitor until this summer, an experience he called a constant walk of shame. His movements are restricted and monitored by GPS, while he awaits a decision on his asylum request, which was initially rejected. Now based in Palo Alto, California, Kharis is trying to rebuild his life. He has set up a virtual restaurant company and works as an accountant. This summer he took his family on holiday in California. His judicial process rolls on, marbled with wins and losses. Last summer, nine months after Kharis’s appeal to Interpol and four years after his red notice was issued, Interpol told him his wanted status had been revoked. “I still think that Interpol does good,” he says. “But it’s too easy to abuse the system. We’re talking about people’s lives.”

  • Media Freedom Across the OSCE Region to Be Assessed at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: IN PURSUIT OF TRUTH Media Freedom in the OSCE Region Wednesday, October 20, 2021 2:30pm Dirksen Senate Office Building Room 419 Watch live: www.youtube.com/HelsinkiCommission A free press is the lifeblood of democracy; without independent media, democracy is doomed, economies suffer, and peace is imperiled. In many of the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE), autocrats exploit financial and legal means, alongside physical violence, to intimidate and silence independent media. Journalists and their associates are attacked both online and offline; jailed on phony charges; and even killed for the secrets they expose. Leaders undermine public trust in the press to hide their misdeeds. Disinformation—particularly lies related to the COVID-19 pandemic—continues to pollute the information landscape. In her first appearance before Congress, OSCE Representative for Freedom of the Media Teresa Ribeiro will assess the state of media freedom across the OSCE region. Other expert witnesses will discuss recent attacks on journalists and media outlets, the motivations that lead authorities to try and silence the press, global disinformation networks, and more. The following witnesses are scheduled to testify: Teresa Ribeiro, Representative on Freedom of the Media, OSCE Jamie Fly, President & CEO, Radio Free Europe/Radio Liberty (RFE/RL) Robert Mahoney, Deputy Executive Director, Committee to Protect Journalists Peter Pomerantsev, Director of Arena Program and Senior Fellow, Johns Hopkins University; Author and Journalist

  • Cardin and Cohen Laud 2021 Nobel Peace Prize Award to Investigative Reporters

    WASHINGTON—Following the award of the 2021 Nobel Peace Prize to journalists Maria Ressa of the Philippines and Dmitry Muratov of Russia “for their efforts to safeguard freedom of expression, which is a precondition for democracy and lasting peace,” Helsinki Commission Chairman Sen. Ben Cardin (MD) and Co-Chairman Rep. Steve Cohen (TN-09) issued the following joint statement: “We congratulate the winners of the 2021 Nobel Peace Prize, Maria Ressa and Dmitry Muratov, and applaud the Nobel Committee for recognizing the courage of these journalists and their contributions to democracy and peace. Maria, Dmitry, and their colleagues are beacons of truth—without a free press, democracy is doomed, economies suffer, and peace is imperiled. “That this award comes just after the 15-year anniversary of the murder of Novaya Gazeta journalist Anna Politkovskaya and three years after the murder of Washington Post columnist Jamal Khashoggi solemnly reminds us of the dangers journalists face, particularly in authoritarian states.” Later this month, the Helsinki Commission will hold a hearing to call attention to the growing attacks on free media and underscore the importance of investigative journalism. Muratov is the longtime editor-in-chief of Novaya Gazeta, an independent Russian newspaper widely respected for its hard-hitting investigative journalism. Novaya Gazeta journalists routinely have been targeted by the authorities for their work and even murdered with impunity. Muratov dedicated his Nobel Prize award to his slain Novaya Gazeta colleagues Igor Domnikov, Yuri Shchekochikhin, Anna Politkovskaya, Stanislav Markelov, Anastasiya Baburova, and Natalya Estemirova.  In a November 2009 Helsinki Commission briefing on violence against journalists and impunity in Russia, Muratov, who provided testimony, said, “I would like to ask you a huge favor. In every meeting, in any encounter with representatives of the Russian political establishment and government, please, bring up this meeting. Please ask these uncomfortable questions. Please try not to be too polite.” Ressa is a Filipino-American journalist and co-founder and CEO of Rappler, a Philippine news website. Ressa was included in Time Magazine's 2018 Person of the Year as one of a collection of journalists from around the world, collectively branded “Guardians of Truth.” In 2019, she was awarded the Sergei Magnitsky Award for Outstanding Investigative Journalist, presented by international human rights lawyer Amal Clooney. In 2020, she was convicted of trumped-up “cyberlibel” charges by the Philippine government.

  • Helsinki Commission Leadership Condemns Russian Obstruction of OSCE Human Rights Work

    WASHINGTON—In response to Russian intransigence blocking the annual OSCE Human Dimension Implementation Meeting (HDIM), Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “We are extremely disappointed that the HDIM failed to start this week as planned, due solely to Russian intransigence blocking the meeting. The Kremlin has reached a new low in its efforts to undermine the OSCE’s work to promote human rights and democracy. “Russia clearly fears criticism of its worsening human rights record and fraudulent elections from the OSCE, other OSCE participating States, and civil society. The HDIM, through its thorough review of states’ human rights records and its inclusion of civil society, is a crown jewel of the OSCE’s human rights work. “We urge Russia to change its position and we expect the HDIM to be held in accordance with the agreement adopted in Helsinki in 1992 by the heads of state of all OSCE participating States—including Russia—that established the HDIM. For our part, we will continue to speak out when we see human rights violations, including in the Russian Federation.” The OSCE Human Dimension Implementation Meeting is the region’s largest annual human rights conference, and typically brings togethers hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to engage in a comprehensive review of the participating States’ compliance with their human rights and democracy-related commitments. The meeting is held in Warsaw, Poland, where the OSCE’s Office for Democratic Institutions and Human Rights is headquartered.

  • Helsinki Commission Digital Digest September 2021

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