Title

The International Tribunal and Beyond: Pursuing Justice for Atrocities in the Western Balkans

Tuesday, December 12, 2017
10:00am
Rayburn House Office Building, Room 2255
Washington, DC
United States
Joint Briefing with the Tom Lantos Human Rights Commission
Official Transcript: 
Members: 
Name: 
Representative Randy Hultgren
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Representative Eliot Engel
Title Text: 
House of Representatives
Body: 
Member of Tom Lantos Commission and House Foreign Affairs Committee
Moderator(s): 
Name: 
Robert Hand
Title Text: 
Policy Advisor
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Serge Brammertz
Title: 
Chief Prosecutor
Body: 
International Criminal Tribunal for the former Yugoslavia
Name: 
Nemanja Stjepanovic
Title: 
Member of the Executive Board
Body: 
Humanitarian Law Center
Name: 
Diane Orentlicher
Title: 
Professor of Law
Body: 
Washington College of Law, American University

Between 1991 and 2001 the Socialist Federal Republic of Yugoslavia, made up of six republics, was broken apart by a series of brutal armed conflicts. The conflicts were characterized by widespread and flagrant violations of international humanitarian law, among them mass killings of civilians, the massive, organized and systematic detention and rape of women, torture, and practices of ethnic cleansing, including forced displacement.

In 1992 the U.N. established a Commission of Experts that documented the horrific crimes on the ground and led to the 1993 creation of the International Criminal Tribunal for the former Yugoslavia (ICTY). This month, after more than two decades of persistent, ground-breaking efforts to prosecute the individuals responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia, the ICTY is concluding its work. As it prepares to close its doors, this briefing will assess the tribunal’s achievements and limitations, and most importantly, what still needs to be done by the countries of the region to seek justice in outstanding cases, bring greater closure to victims, and foster greater reconciliation among peoples.

Panelists discussed these questions and suggested ways that the United States, Europe, and the international community as a whole can encourage the further pursuit of justice in the Western Balkans.

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  • 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.”

  • 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 Regrets Closure of OSCE Observer Mission at Russian Checkpoints Gukovo and Donetsk

    WASHINGTON—In light of yesterday’s termination of the activities of the OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk on the Russian-Ukrainian border, 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: “By forcing the closure of the OSCE Observer Mission on Ukraine’s border, despite clear and continued support from other OSCE States for the mission, the Kremlin is once again trying to blind the international community to the reality of its aggression against Ukraine.  The mission regularly observed and reported suspicious movements at the border. “Rather than blocking OSCE instruments, Russia needs to cease its war against Ukraine, including reversing its illegal occupation of Crimea.”    The OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk was intended to build confidence through increased transparency by observing and reporting on the situation at the international border between Ukraine and Russia. Russia had previously imposed severe restrictions on the observer mission, including limiting movement and prohibiting the use of binoculars or cameras.  Despite these limitations, the mission reported on the movements of more than 24 million people since beginning operations in 2014. It observed more than 100 Russian convoys, along with individuals in military apparel and thousands of other vehicles, crossing the uncontrolled border.

  • Cohen, Wilson, Whitehouse, and Wicker Introduce GOLD Act

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) and Ranking Member Rep. Joe Wilson (SC-02), along with Helsinki Commissioner Sen. Sheldon Whitehouse (RI) and Helsinki Commission Ranking Member Sen. Roger Wicker (MS), this week introduced the Guaranteeing Oversight and Litigation on Doping (GOLD) Act in the House of Representatives and the Senate. The bills would enable doping fraud—a violation of the Rodchenkov Anti-Doping Act—to also activate charges under the U.S. criminal anti-money laundering and racketeering statutes. Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26), sponsors of the Rodchenkov Act, also are among the original co-sponsors of the GOLD Act in the House of Representatives. The introductions follow comments from athletes expressing concern that this year’s Olympic Games—like many in the past—already have been marred by doping.   “Some of our athletes at the Olympic Games in Tokyo suspect that there has been performance-enhancing doping going on. One nation with a history of doping was disqualified from participating under its own flag because of past violations. We need better enforcement of anti-doping rules to make sure the Olympics are clean and that athletes are winning based on their own capabilities and training,” said Co-Chairman Cohen. “It is outrageous that clean athletes must continue to face doped athletes in international competition, but it isn’t surprising. No serious deterrent currently exists to stop the networks that engage in doping fraud, so doping continues unabated and remains a powerful asymmetric tool for authoritarian states like Russia to undermine the rule of law. Enforcement of the Rodchenkov Anti-Doping Act would put an end to this,” said Rep. Wilson. “The Olympics inspire us with remarkable feats of athleticism and a shared commitment to fair play. But doping schemes undermine the spirit of the games, and help kleptocrats like Putin burnish their image on the world stage.  That's why we need to extend the reach of the Rodchenkov Act, which I helped pass into law to tackle international doping. The GOLD Act will help law enforcement use our new anti-doping law to protect the integrity of international sport,”  said Sen. Whitehouse. “The United States needs to be ready to address doping fraud. Athletes have already expressed concern about possible doping at the Tokyo Olympics, and next year’s Beijing Olympics are not likely to be better given the corrupt nature of the Chinese Communist Party,” Sen. Wicker said. “The GOLD Act would pick up where the Rodchenkov Act left off, expanding the reach of the law by acknowledging that doping never happens in a vacuum. The corrupt officials and human rights abusers who engage in doping fraud also engage in money laundering, drug trafficking, computer hacking, racketeering, and more.” “The Rodchenkov Anti-Doping Act will finally hold Russia and other authoritarian actors to account for their state-run fraud. We should also closely examine the administrators and officials of the International Olympic Committee, World Anti-Doping Agency, and the various international sport federations, some of whom have allegedly enabled or engaged in doping fraud. The GOLD Act will make the Rodchenkov Act even broader and more powerful, and I look forward to the first indictment,” said Rep. Jackson Lee. “This week, Americans and the world are watching as Olympic athletes, who spent countless hours preparing, compete on the biggest world stage. It is critical that we do all we can to ensure they know that their effort is not tainted by someone working to rig the system. Being the largest sovereign contributor to the World Anti-Doping Agency (WADA), the United States must make certain that WADA is enforcing the rules and regulations in international competitions. The GOLD Act will strengthen the Rodchenkov Anti-Doping Act, and provide assurance to American competitors that their competition is clean and fair and that defrauded athletes may receive justice,” said Rep. Burgess. Helsinki Commissioner Rep. Richard Hudson (NC-08) and Rep. Tom Malinowski (NJ-07) also are original cosponsors of the GOLD Act. In December 2020, the Rodchenkov Anti-Doping Act became law. This groundbreaking extraterritorial criminal authority redefined doping as fraud and enables U.S. law enforcement to pursue corrupt administrators, officials, doctors, coaches, and other structural perpetrators of doping anywhere in the world. On July 21, the Helsinki Commission held a hearing on enforcement of the Rodchenkov Act at the Tokyo Olympics.

  • Co-Chairman Cohen, Ranking Member Wilson Introduce TRAP Act In House

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) and Ranking Member Rep. Joe Wilson (SC-02) yesterday introduced the Transnational Repression Accountability and Prevention (TRAP) Act in the U.S. House of Representatives. The legislation makes fighting abuse of INTERPOL a key goal of the United States at the organization, mandates that the United States examine its own strategy to fight INTERPOL abuse, and protects the U.S. judicial system from authoritarian abuse. The legislation was introduced by Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) in the Senate in May 2021. “Using the legal system and INTERPOL to harass political opponents is becoming far too common,” said Co-Chairman Cohen. “Russia, Azerbaijan, Kazakhstan, Tajikistan, and Turkey frequently issue meritless INTERPOL requests that violate key provisions of INTERPOL’s constitution, subjecting international travelers to unnecessary inconvenience. The TRAP Act cracks down on the misuse of these tools to prevent autocrats from harassing their own citizens overseas.” “Dictators are increasingly pursuing political opponents and dissidents across borders. Through surveillance, harassment, and even assassination, these autocrats are attempting to build a world safe for authoritarianism—where speaking out against brutal regimes might destroy your life,” said Rep. Wilson. “It is imperative that we fight back. INTERPOL abuse is one of the worst forms of this transnational repression and I am pleased to introduce the TRAP Act with other Helsinki Commission leaders to curb it.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and are used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. One notable example of autocratic leaders using this power to harass their political enemies occurred in Rwanda. Paul Rusesabagina, a staunch critic of the Rwandan government, was arrested while traveling through Dubai after Rwanda asked INTERPOL to issue a Red Notice. Rusesabagina was then returned to Rwanda on false terrorism charges. Turkey’s government also has abused INTERPOL to target Enes Kanter, an NBA basketball player, who lives in the United States. Kanter is an outspoken member of a religious group that largely opposes the Turkish President. Original co-sponsors of the bipartisan bill include Helsinki Commissioners Rep. Emanuel Cleaver, II (MO-05), Rep. Brian Fitzpatrick (PA-01), Rep. Ruben Gallego (AZ-07), Rep. Richard Hudson (NC-08), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. Sheila Jackson Lee (TX-18), Rep. Tom Malinowski (NJ-07), and Rep. Peter Meijer (MI-03) also are original co-sponsors. 

  • OSCE SHDM on Digital Technology and Human Rights

    OSCE Conference on Risks and Opportunities Posed by Digital Technologies On July 12 and 13, 2021, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) held the third Supplementary Human Dimension Meeting (SHDM) of the year, titled "Digital Technologies and Human Rights - Opportunities and Challenges." The virtual conference included representatives from 45 OSCE participating States; a dozen OSCE missions and institutions, including the OSCE Parliamentary Assembly; more than 140 academic, national, and non-governmental human rights institutions; and international organizations like the Council of Europe, European Union, and the United Nations. Digital technologies affect human rights, gender equality, and the rule of law, and in her opening remarks, Swedish Foreign Ministry Director-General for Political Affairs Elinor Hammarskjöld stressed the nexus between digital technologies and Swedish OSCE Chairpersonship-in-Office (CiO) priorities. The COVID-19 pandemic underscored how the digital divide disproportionately affects women and girls, she explained, and stressed the threat that widespread use of digital technologies can pose to fundamental freedoms if used indiscriminately by authorities. Panelists highlighted opportunities for digital technologies to benefit societies and human rights defenders, as well as dangers they can pose to human rights. Maia Rusakova, associate professor of sociology at St. Petersburg State University, warned that data collection technologies have facilitated online recruitment by human traffickers. However, facial recognition, artificial intelligence, and tracking blockchain financial transactions and social media activity could play a role in combatting the digital threats of human trafficking.  Susie Alegre, an associate at the human rights NGO Doughty Street Chambers, highlighted how cutting-edge data collection can raise awareness of threats to human rights, support investigations, facilitate positive social change, and support human rights defenders. Examples include Data 4 Black Lives, eyeWitness to Atrocities, Forensic Architecture, and Bellingcat. Elif Kuskonmaz, a lecturer at the University of Portsmouth, cautioned that misuse of facial recognition technology could pose threats to peaceful assembly and freedom of speech, and that it could be exploited to wrongfully detain citizens. To prevent such abuse, she recommended that participating States adopt adequate legal frameworks concerning the collection, use, storage, and sharing of personal data. She urged all participating States to review the Council of Europe's Convention 108+, which addresses personal data collection in a national security context. Other panelists explored the capacity of artificial intelligence systems to reinforce existing structural inequalities through algorithms and the subsequent human rights implications. Civil Society Concerns about Government Use—or Abuse—of Digital Technology Civil society participants shared human rights concerns related to governmental use of digital technologies. Many urged the OSCE to call out repressive behavior and help participating States establish adequate legal protections against misuse. Several urged the United States and the European Union to target sanctions against the worst offenders. Many participants also took the opportunity to raise human rights concerns directly with government officials, and alleged misuse of data collected by government agencies to persecute human rights defenders, social activists, and their families.  For example, civil society activists from Kazakhstan accused the government of conducting digital surveillance and censorship on NGOs and activists, and they complained that mandatory “security certificates” allow the government to monitor and block use of non-government-controlled social media sites such as Facebook, YouTube, and Instagram. Other NGOs raised concerns about Spain's treatment of protesters in Catalonia, Greece's treatment of Turks in Western Thrace, and Russia’s occupation of Ukraine, including Crimea. A German NGO called for the abolition of facial recognition technology due to its use by law enforcement to profile specific ethnic groups and minorities, including Roma and Sinti.  Civil society participants also expressed concerns over participating States’ use of digital technology to target dissent by deploying spyware against individuals, spreading misleading government-sponsored content, and silencing protest groups and democratic movements. Several NGOs argued that their governments exploited conditions imposed by the pandemic to use surveillance camera footage, geolocation data, and contact tracing as part of a domestic surveillance campaign to discourage public political dissent. Participants highlighted how technology has been used to spread racist messaging, including the racist abuse of English football players following the recent Union of European Football Associations Euro 2020 matches. Many voiced their dismay that social media companies do not hold accountable individuals who spread racist content. Participants recommended that social media companies implement more robust algorithms to detect racist remarks.  Participating States Respond Several participating States addressed the use of technology. The European Union recognized the importance of addressing human rights abuses that arise from the misuse of digital technologies. Turkey responded by touting its 2016 law on data protection and emphasizing its multiculturalism. The Holy See responded that it is necessary to improve education in proper use and effects of technology. The Holy See also called for international regulations to guarantee the protection of human rights and fundamental freedoms, including the right to private personal electronic communication.

  • Helsinki Commission Delegation Advances Priority Issues at First OSCE PA Annual Session Since Onset of Covid-19 Pandemic

    WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) last week led a U.S. delegation to the 2021 OSCE Parliamentary Assembly (PA) Annual Session in Vienna, Austria. The assembly was the first major gathering with an in-person component since the onset of the COVID-19 pandemic in March 2020. The 2021 OSCE PA Annual Session was held in a hybrid format, with most of the approximately 250 delegates participating remotely and others convening in Vienna. The United States had more representatives to the in-person meeting of the OSCE PA Standing Committee—comprising the heads of national delegations and other OSCE PA leaders—than any other participating State: Chairman Cardin, as the head of the U.S. delegation; Sen. Wicker, who serves as a vice-president of the OSCE PA; and Helsinki Commissioner Rep. Richard Hudson (NC-08), who chairs the OSCE PA General Committee on Political Affairs and Security. Other members traveling to Vienna included Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Rep. Joe Wilson (SC-02), Commissioners Rep. Gwen Moore (WI-04) and Rep. Marc Veasey (TX-33), Sen. John Cornyn (TX), Sen. Thom Tillis (NC), Rep. Lloyd Doggett (TX-35), Rep. Andy Harris (MD-01), and  Rep. Trent Kelly (MS-01). Remote participants in the Annual Session included Commissioners Sen. Tina Smith (MN), Sen. Sheldon Whitehouse (RI), Rep. Robert Aderholt (AL-04), and Rep. Brian Fitzpatrick (PA-01), along with Rep. Sheila Jackson Lee (TX-18) and Rep. Chris Smith (NJ-04). During the Annual Session, the American legislators engaged in debates on political affairs and security, economic and environmental matters, and democracy and human rights. The U.S. legislators also played key roles in the adoption of three resolutions reflecting the major issues confronting the OSCE today: rising hate and its use to bolster authoritarianism and conflict, a call for democratic change in Belarus, and continued opposition to Russian aggression in Ukraine. Chairman Cardin, who also serves as the OSCE PA Special Representative on Racism, Anti-Semitism, and Intolerance, sponsored the first resolution, urging OSCE participating States to adopt an OSCE Anti-Discrimination, Equity, and Inclusion Action Plan, to strengthen the efforts of law enforcement, civil society, and others to tackle discrimination and extremism. In addition, parliamentarians held the first Assembly elections in two years, with both Sen. Wicker and Rep. Hudson easily retaining their leadership posts. Sen. Wicker received the most votes of any of the nine vice-presidential candidates, while Rep. Hudson was elected by acclamation. While in Vienna, members also met with OSCE Secretary General Helga Schmid and other senior OSCE officials, along with International Atomic Energy Agency Director General Rafael Grossi. The in-person delegation also traveled to Estonia, where they met with Estonian Prime Minister Kaja Kallas, Foreign Minister Eva-Maria Liimets, former President Toomas Hendrik Ilves, and Chair of the Riigikogu Foreign Affairs Committee Marko Mihkelson to demonstrate the strong U.S. support for the bilateral security relationship. During a visit to Narva, delegation members engaged with representatives of the local Russian-speaking community and visited the Russia-Estonia border to gain a better understanding of the security situation. “The American alliance with Estonia is based on shared democratic values. We appreciate our bilateral relationship and mutual efforts to support the democratic opposition in Belarus and independent voices in Russia,” said Chairman Cardin. “Across the 57 nations that are part of the OSCE, rising challenges to democratic norms require a sober and sustained response from those committed to the rule of law and the defense of human rights. Estonia and the United States are staunch allies in this effort.” “As the Baltic region faces serious and continuing security challenges, the United States is proud to support our steadfast NATO allies,” Sen. Wicker said. “This visit by a bipartisan and bicameral delegation is representative of the strong consensus in the U.S. Congress to push back against the Kremlin’s malign activities in the region. We also appreciate the important and growing contributions of Estonia and our other regional allies and partners as we work to address global security challenges.” Members then traveled to Bulgaria for the Three Seas Initiative Summit, designed to promote transparent and sustainable investments in energy, transportation, and digital infrastructure that contribute to an undivided, free, prosperous, and resilient Europe. While at the summit, they held bilateral meetings with President Andrzej Duda of Poland, President Rumen Radev of Bulgaria, and President Egils Levits of Latvia to discuss a broad range of security and human rights issues. The delegation also traveled to Varna to examine Black Sea regional security issues; visited a Roma community to better understand the current situation of Roma in Bulgaria and underscore U.S. support for the rights of Bulgaria's Roma population; and met with journalists of the recently re-established Bulgarian service of Radio Free Europe. “We brought a dozen members from the U.S. Congress to Sofia to demonstrate support for the Three Seas Initiative and also to engage with Bulgaria’s leaders and its people about our shared values and basic human rights,” said Chairman Cardin. “Protecting civil and human rights is an essential component of every democracy and we look forward to hearing more about how Bulgaria is safeguarding fundamental freedoms and the rule of law.” “The Black Sea region has seen a troublesome rise in tension recently,” said Sen. Wicker. “Our visit to the area was intended to keep us abreast of the situation and to demonstrate our strong, enduring, and bipartisan support to Bulgaria and our other NATO Allies and partners in the region.” En route back to the United States, the delegation visited the Marine Corps Prepositioning Program Norway, a cooperative effort with a stalwart NATO ally that reinforces regional security and offers direct support to U.S. deployments as far away as Iraq.  

  • 45th Anniversary of the U.S. Helsinki Commission

    I take this time as the Chair of the Commission on Security and Cooperation in Europe, better known as the Helsinki Commission, as we celebrate our 45th anniversary. The Helsinki Commission is the vehicle for U.S. participation in the Organization for Security and Co-operation in Europe (OSCE), representing 57 states that have come together under the OSCE, all the countries of Europe, all the countries of the former Soviet Union, including those located in Central Asia, the United States, and Canada. Mr. President, this is a unique body in that it represents both the executive and legislative branches of government. The executive branch has representatives on the Helsinki Commission, and both the House and Senate have Senators and Representatives that serve on the Helsinki Commission. I am very pleased to have as my co-leader Senator Wicker from Mississippi as the Republican leader in the Senate on the Helsinki Commission. The Helsinki Commission has been responsible for elevating our moral dimension to U.S. foreign policy. Its principles point out very clearly that you cannot have security without dealing with good governance and human rights; you cannot have economic progress unless you have governance that respects the rights of all its citizens. That is why I was so pleased when President Biden announced that his foreign policy would be value-based, that as we participate in our foreign policy challenges, it will always be wrapped in our values, and his recent trip to Europe underscored that important lesson. And then he issued, not two weeks ago, the statement that corruption is a core national security threat and that we have a responsibility to fight corruption in order to protect our national security. I am so pleased of the accomplishments of the Helsinki Commission, particularly from the human rights and human dimension. I go back to my early days in the House of Representatives, when the Soviet Union still existed and the challenges of Soviet Jews trying to emigrate from the Soviet Union. It was the Helsinki Commission that was one of the leading voices to help deal with Soviet Jews. I think about trafficking-in-persons, modern-day slavery, and the efforts that the United States did in leading that effort, including passing landmark legislation in trafficking in persons and establishing a rating system where every country in the world is rated on how well they are dealing with fighting trafficking. Now this has become the model, and so many countries have acted. It was the U.S. Helsinki Commission that led the effort for what Congress was able to pass and the international effort in order to fight trafficking-in-persons. I think about the perpetrators of war crimes and crimes against humanity and genocide, and recognize that it was the Helsinki Commission that pushed to hold those who were responsible for these atrocities accountable, particularly as it related to the Balkan conflict. Then I think about the landmark legislation that was passed in the Congress that deals with sanctions against human rights violators, first the Magnitsky sanctions and then the Global Magnitsky sanctions. It came out of hearings from the Helsinki Commission and legislation that we authored. It is not only the standard here in the United States. It has been adopted as the standard in Europe, in Canada, and in other countries, to make it clear that human rights violators will not be able to hide their illicit funds in our banking system or visit our country. Perhaps our strongest contribution is the oversight hearings that we hold. We also passed the Elie Wiesel Atrocities Prevention Act. But just last week we had a hearing in the Helsinki Commission on how we can prevent atrocities from occurring in the first place. So I am very proud of the accomplishments of the commission. Part of the responsibilities of every member state of the OSCE is that we have the right to challenge any State’s compliance with the Helsinki Final Act Accords. So it is our responsibility to challenge when Russia violates those provisions or when we see violations in Turkey—any member State, we can challenge. But we also have to do our own self-evaluation. As Chairman of the commission, I have been using that opportunity to question conduct in our own country when it does not match the responsibilities that we should have. We saw that in the past in regard to the torture issues in Guantanamo Bay. My participation in the Helsinki Commission goes back to my early days in the House of Representatives and some of my proudest moments of representing our country on the international stage. Let me just give you a few examples. In February 1991, I joined a fact-finding mission to Latvia, Lithuania, and Estonia. That is when the Soviet tanks were in Vilnius. That is when the Soviet Union was demonstrating oppression against the people of the Baltic States. It was a very sad moment of oppression, and we went there to stand up for the people of the region, to let them know that the United States never recognized the Soviet’s occupation of the Baltic States, and that we stood with the people and their independence. It was very interesting. We went from there to Moscow, and Mikhail Gorbachev didn’t want to have anything to do with us. He wouldn’t have a meeting with us, and he wouldn’t acknowledge that we were there. But we had a meeting with Boris Yeltsin, who at that time was the chair of the parliament, and we got great visibility. And Yeltsin supported our efforts to condemn the Russian use of force. I have been to Germany several times. My first trip on behalf of the Helsinki Commission was when it was a divided country, and we went to East Berlin. We were the voices for those oppressed people whose voices could not otherwise be heard, and we gave them hope that one day they would see freedom. I then returned when we were literally taking down the Berlin Wall, and I joined in taking down part of the Berlin Wall. I have part of that as a prized possession in my home. I have returned to Germany as a united country and see what a democratic Germany means and the work of our commission to bring down the Iron Curtain. Germany is now a leading democratic state and a great ally of the United States. I have been to Kyiv, Ukraine, on several occasions. I was there during the Maidan protests, where the people demanded democracy. And then I had a chance to return and monitor the elections in Ukraine with Senator Portman—again, a country that has been able to rid itself of the oppression of the Soviet Union. I have been very active in the Helsinki Commission in regards to the Parliamentary Assembly. I chaired one of their three standing committees. I had a chance to become Vice-President at the Parliamentary Assembly. Today, I acknowledge Senator Wicker, who is Vice-President. It points out the bipartisan nature of the Helsinki Commission and our work on the international platform.

  • Tribute to Erika Schlager

    I want to acknowledge one individual who recently announced that she is retiring, Erika Schlager, after 34 years of service to the Commission and to the global community. Erika received her bachelor’s degree from the University of North Carolina in Greensboro, where she graduated magna cum laude and was elected to Phi Beta Kappa. She earned her A.M. degree from Harvard University in Soviet Union studies and her juris doctor degree with honors from the George Washington University Law School. She studied at Warsaw University as a Fulbright fellow and received a diploma from the International Institute of Human Rights in Strasbourg, France. Quite a record. She used that academic preparation to make a difference in the world—and what a difference she made. Erika has been an unfailing professional in her dedication to doing whatever is necessary to ensure that the commission meets its mandate and defends human rights abroad. Her deep expertise, which she has honed over decades of work, is renowned both among policy professionals in the United States and in the countries of Central Europe that she followed for the commission. Erika is one of our nation’s top experts on Europe’s most vulnerable communities. She is a leading voice on Roma rights—Europe’s largest minority, with significant populations also in the United States. I have joined Erika in the crusade to speak up for the Roma population, a group that has been denied citizenship in so much of Europe. What a difference she has made in their lives. Erika has worked with Members of Congress, the Department of State and the Organization for Security and Cooperation in Europe (OSCE) to address issues ranging from the enslavement and sterilization of Roma to a permanent memorial in Berlin dedicated to the Sinti and Roma victims of the Nazi regime, to annual recognition of International Roma Day. She has brought to my attention the candidacy of Ethel Brooks to be the first Roma board member of the U.S. Holocaust Memorial Museum. I know that Erika will continue to bring Roma perspective and history on the Holocaust to further the tolerance, education, and human rights work of the museum. I have the honor of representing the Senate on the Holocaust Memorial Museum board, and I can tell you that Erika is so deeply respected by the professionals at that museum for the work she has done in furthering the goal of that institution to prevent atrocities against any groups of people. Erika has long been one of my top advisers on the Holocaust restitution and Europe’s Jewish community. She has worked closely with me over the years to raise concerns about the rise of Holocaust revisionism in countries like Hungary and Poland; to foster implementation of the Terezin Declaration on Holocaust Era Assets measures to right the economic wrongs that accompanied the Holocaust; and to hold accountable a French railway that transported thousands of Holocaust victims to their deaths. She worked on all of these issues and made significant progress. Erika has been instrumental in ensuring that the Helsinki Commission works to hold the United States accountable for our own human rights record, examining U.S. policies and conduct concerning Guantanamo Bay detention camps and U.S. policy regarding torture. Erika’s counsel greatly assisted me in my role as the Parliamentary Assembly of the OSCE’s Special Representative on Anti-Semitism, Racism, and Intolerance, where I was focused on human rights and justice here at home and across the expanse of the 57 participating States of the OSCE. From the plight of African Americans and Muslims to migrants and refugees, Erika has been integral to the Helsinki Commission’s mandate of upholding the myriad of human rights commitments defined in the Helsinki Final Act and subsequent OSCE agreements. In addition to her many professional milestones and achievements, Erika retires from the commission having left a deeply personal mark on those she worked with, from diplomats and civil servants to the staff of the Helsinki Commission. She is a natural teacher with a gift of taking a complex issue and distilling it in a way that makes it both relevant and accessible. Erika has taught our diplomats at the Foreign Service Institute and spoken at international meetings and at universities across the nation and around the world. She displayed her exceptional teaching ability at the Department of State’s annual training program on Roma rights, and she has ensured that Roma civil society groups could also participate. She has actively sought out dialogue and collaboration with new colleagues to help deepen their understanding of the Helsinki Commission’s role, of the challenges the commission could usefully seek to address abroad, and of the unique tools at its disposal to do just that. Erika is always quick to ask about a colleague’s well-being or inquire after a family member’s well-being. She has fostered collegiality among the Commission’s staff through her unfailing kindness and good nature. In so doing, she has repeatedly demonstrated how deeply she cares, not just for the work she has dedicated her career to, but also for the people whose great privilege it is to call her a colleague and a friend. I will say on a personal basis that I have benefited so much from her friendship, from her understanding, from her strategic thinking, from where we can make a difference. We know there are a lot of problems around the world. We know we can’t settle all the issues. But Erika helped us focus on areas where we can make a difference, and thanks to her input, we have made a difference. I know I speak on behalf of all Helsinki Commission members and staff and scores of other individuals—many who may not know her name—and groups concerned about advancing human rights around the globe and here at home when I say how we will miss Erika. Henry David Thoreau said: ‘‘Aim above morality. Be not simply good; be good for something.’’ Erika has embodied that maxim in her professional career and in her life. She has made an enormous difference, and she will continue to do so. I wish her all the best with respect to her future endeavors. I know we will continue to hear from her. Thank you, Erika, for the way you served the commission, our country, and the global community.

  • Sweden's Leadership of the OSCE

    In 2021, Sweden chairs the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—which comprises 57 participating States stretching from North America, across Europe, and to Central Asia and Mongolia. Even as the OSCE begins to emerge from the global COVID-19 pandemic, it is tackling other critical challenges, including Russia’s ongoing aggression in Ukraine, protracted conflicts in Moldova and Georgia, and the pursuit of a lasting and sustainable peaceful settlement of the Nagorno-Karabakh conflict through the framework of the Minsk Group. Meanwhile, several countries are deliberately spurning their OSCE commitments to human rights, democracy, and the rule of law. Participating States including Russia, Belarus, and Turkey not only stifle dissent in their own countries but also seek to undermine the OSCE’s work defending fundamental freedoms and curtail civil society’s participation in OSCE activities. Other shared challenges include combating human trafficking, countering terrorism and corruption, and protecting vulnerable communities, including migrants, from discrimination and violence. At this virtual hearing, Swedish Foreign Minister and OSCE Chairperson-in-Office Ann Linde discussed Sweden’s priorities for 2021 and addressed current developments in the OSCE region. Related Information Witness Biography

  • COVID-19 Vaccination Rollouts Expose Underlying Inequalities, Underscore the Need for Equitable, Coordinated Response to Global Health Crises

    By Michelle Ngirbabul, Max Kampelman Fellow, and Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE More than one year into the COVID-19 pandemic, over 169 million cases and nearly four million deaths have been reported worldwide. The development and rollout of mass vaccination campaigns have proved to be the most effective, and most important, tools in combating the deadly virus. However, supply chain issues and geopolitical struggles have plagued vaccine rollout efforts, and subsequent delays have exposed and exacerbated existing social, health, and economic inequalities within and among OSCE participating States. To control the ongoing pandemic and prepare for the threats of future global health crises, governments must rely on extensive cooperation and coordination to ensure that vaccination programs and relevant policies are equitable among States. COVID-19 Vaccinations are the Key to Ending the Pandemic Vaccines always have been an important part of managing public health crises. During the COVID-19 pandemic, pharmaceutical companies based in the United States, Germany, China, India, Russia, the United Kingdom, and Sweden rapidly developed the nine leading approved or authorized coronavirus vaccines using various approaches. Vaccines produced by Pfizer, Moderna, Oxford-AstraZeneca, and Johnson & Johnson have been approved or authorized for wide use either in Europe or the United States. The U.S. Food and Drug Administration granted emergency use authorization (EUA) to the Pfizer and Moderna vaccines in December 2020 and to Johnson & Johnson’s Janssen vaccine in February 2021. Likewise, the European Medicines Agency authorized Pfizer for use in December 2020 and Moderna, AstraZeneca, and Janssen in early 2021. The highly effective vaccines inspire hope that an end to the pandemic may soon be within sight both at home and abroad. Systemic Challenges Hampered Effective Vaccination Rollout Despite the number of approved vaccines available, systemic challenges have impeded vaccine procurement and rollout. For example, in the weeks following the Moderna and Pfizer vaccines’  EUA, vaccine supply shortages, bottlenecks in distribution by manufacturers and production errors, and bureaucratic challenges complicated distribution amid a surge in demand globally. While Moderna and Pfizer expanded production, in the absence of a clear national strategy, confusion, delays, and shortages plagued early U.S. vaccination efforts. Across the Atlantic, the European Union’s stuttering vaccination rollout was beset by vaccine shortages, partially due to its insistence on a joint EU vaccine procurement strategy and related bureaucratic delays. Unlike the United States and other countries that rushed to secure agreements with vaccine producers as early as August 2020, the EU’s 27 Member States were caught in lengthy price negotiations, forcing the region to wait at the back of the line to receive shipments. Shortly thereafter, the region’s vaccination efforts were dealt a massive blow when AstraZeneca, the company with which EU leaders signed a contract for at least 300 million doses of its COVID-19 vaccine, informed leaders in January that it was unable to meet agreed supply targets for the first quarter. Despite missteps, at least 12 of the EU’s 27 countries remain confident they will reach targets to vaccinate at least 70 percent of the adult population by the end of summer 2021. Pre-existing socioeconomic inequalities within countries have further complicated early vaccination rollouts. In the United States, the lack of a coordinated, federal response led to the significant disparity of access to vaccinations, varying widely depending upon one’s location, age, occupation, and underlying health conditions. Similarly, the United Kingdom reported lower vaccination rates among Black, Asian, and minority ethnic groups.  Additionally, inequalities among countries also severely impacted efforts to control and end the pandemic. Vaccine Nationalism and Inter-State Competition Vaccine shortages also disproportionately affected certain countries in the EU, leading to inter-state competition for vaccines and varied vaccination rates among states. Frustrated with slow vaccine deliveries, authorities have coordinated restrictions on exporting vaccines—Italy, for example, had blocked a shipment of the AstraZeneca vaccine bound for Australia and warned of possible vaccine export restrictions to non-reciprocating countries outside the bloc. In March 2021, European Commission President Ursula von der Leyen stated that the EU would not consider donating vaccine supplies to developing countries until they have “a better production situation in the EU,” as the bloc struggles to maintain its own supply of vaccines EU unity was further challenged as leaders from Austria, Bulgaria, Croatia, the Czech Republic, Latvia, and Slovenia complained to Brussels that vaccines were not being proportionately delivered as originally agreed in the EU’s joint vaccine strategy. Under the modified agreement, less wealthy EU states that could not afford the more expensive Pfizer or Moderna vaccines were forced to wait for AstraZeneca vaccines amid ongoing shortages. The protesting states were also those that had received the lowest number of vaccines at that time, which raised concerns about individual states’ progress to vaccinate their populations and reach herd immunity. Despite early concerns of sustained and widening disparities, technical specifications agreed in April have charted a course for the bloc’s Digital Green Certificates—a digital COVID-19 vaccination record program to be launched in June 2021. Emerging Vaccine Diplomacy Political, economic, and logistical challenges created an opening for Russian and Chinese influence in the region through so-called “vaccine diplomacy.” Amid shortages and uncertainty, Russia and China have filled the vaccine gap by offering exclusive deals or free vaccines in dozens of countries globally. In August 2020, Russian President Vladimir Putin announced that Russian regulators had licensed Sputnik V, the world’s first COVID-19 vaccine, and claimed that clinical trials demonstrated an  efficacy rate of over 90 percent. In December 2020, approximately one month after Pfizer and Moderna received approval in the United States and the European Union, China-owned Sinopharm also brought its vaccine to market, claiming a 79 percent efficacy rate. Global experts in vaccine immunology and epidemiology have since criticized Moscow’s and Beijing’s lack of transparency, questioned the reliability of clinical trial data, and raised safety concerns. Despite such skepticism, Russia and China are determined to implement an elaborate international rollout of their vaccines to strengthen their  influence abroad, even at the expense of their domestic vaccinations.  Between the two countries, China and Russia have secured deals to supply more than 800 million vaccine doses in 41 countries. Hungary, the Czech Republic, and Slovakia were among the first European countries to forego waiting for Sputnik V’s and Chinese-made Sinopharm vaccine’s full approval or authorized emergency use from the European Medicines Agency. In mid-February, 500,000 doses of the initial batch of five million Sinopharm vaccines arrived in Hungary, making it the first member of the EU to receive the Chinese vaccine and authorize emergency use within the country. As of May 2021, nearly 60 countries have registered to administer the Sputnik V vaccine, including OSCE participating States Azerbaijan, Belarus, Hungary, Kazakhstan, Moldova, North Macedonia, Serbia, Slovakia, Ukraine, and Uzbekistan. Austria seemingly used negotiations with Russia for one million doses to bolster its bid for a greater portion of the EU’s pool of bloc-approved vaccines.  Although Sputnik V is not approved for use in the EU and received negative ratings by Russia’s own domestic drug regulating body, Slovakia authorized the vaccine for use in late May and followed Hungary as the EU’s second country to administer the Sputnik V vaccine.  In Hungary, which leads the EU in COVID-19 deaths per capita, demand remains high for EU-approved doses despite a pervasive government-supported campaign to increase interest in Russia’s jab. As countries attempted to procure vaccines, the Russian Direct Investment Fund was reaching deals with various companies in Italy, Spain, France, and Germany to produce Sputnik V, pending approval by the European Medicines Agency, promising to deliver vaccines for 50 million Europeans from June 2021. China has also signaled further investments in vaccine donations, particularly in countries in or near the Western Balkans—as they turn towards Russia and China for COVID-19 vaccine doses amid the EU’s struggles, intensifying the EU’s geopolitical problem. Adapting Approaches to Meet Emergent Challenges The emergence of varied and highly transmissible mutations of the virus risk in late 2020 and early 2021 outstripped the ability of vaccines to contain the virus, led to the extension or reintroduction of lockdowns, hampered economic recovery, and overburdened health care systems. Emergent variants have further highlighted the need to prioritize vaccination rollouts amid spiking case numbers. Also underscored is the role that effective vaccination programs can play to limit threats against democracy and misuse of global crises by corrupt leaders. Across the globe, challenges posed by the pandemic have provided governments with pretexts to consolidate power and restrict civil and human rights through measures such as imposed lockdowns, allegedly to curb high case counts or deaths. For example, Hungarian Prime Minister Viktor Orbán assumed extraordinary emergency powers with no sunset clause to seize unchecked power.  While Orbán eventually opted to remove the most widely-condemned feature of his emergency powers in January 2021, the other elements of the measure remain in place. Systemic challenges also exist in inequities among countries as wealthier countries stockpiled batches of vaccines despite the efforts of COVAX—a global program led by the Coalition for Epidemic Preparedness Innovation (CEPI), GAVI, the WHO, and UNICEF that aims to ensure equitable distribution of COVID-19—to help prevent vaccine stockpiling and subsequent inequities. However, there is hope. An EU summit in March 2021 led to an agreement to improve vaccine production and distribution to its Member States and abroad.  As of mid-May 2021, COVAX has shipped more than 59 million vaccines to 122 countries. In the United States, the Biden administration launched a campaign to improve cooperation among industry rivals, increase vaccine production and distribution, promote access to reliable information, enhance cooperation with the EU, and waive vaccine patents. Increased U.S.-EU cooperation could alleviate vaccination shortages, secure supply chains, successfully and safely develop vaccine passports, and achieve widespread resistance to the virus and its powerful variants to save lives and reopen the global economy.  Lessons Learned for a More Equitable and Secure Future Vaccines have the potential to mitigate the spread of the virus and help orient the world within a “new normal” post-COVID-19, but only if they are sufficiently deployed. The pandemic illustrated that political leaders, scientists, and citizens cannot operate in silos during health crises. Rather, health emergencies must be viewed as global security crises that require coordination and cooperation among all stakeholders. To reap the full health, societal, and economic benefits of vaccines, programs must be coordinated, inclusive, and equitable. The COVID-19 pandemic demonstrates the enduring importance of the OSCE’s comprehensive approach to security: none are safe until we all are safe.

  • Helsinki Commission Leadership Joins Inter-Parliamentary Discussion on Human Rights

    On May 25, 2021, the U.S. Helsinki Commission joined the House Foreign Affairs Committee and European Parliament Subcommittee on Human Rights at the launch event for the EU - US Strategic Inter-Parliamentary Consultation on Human Rights. The inter-parliamentary discussion focused on global human rights sanctions regimes, values-based foreign policy, and opportunities for transatlantic cooperation. Helsinki Commission Chairman Sen. Ben Cardin (MD) emphasized the impact of the Global Magnitsky Act in facilitating accountability by sanctioning the world’s worst human rights abusers, preventing them from entering the United States, and freezing their U.S. assets. Sen. Cardin congratulated the European Union for passing a global human rights sanctions regime and suggested two modifications: first, that sanctions target corruption, which tends to fuel human rights abuses; and second, that the European Union pursues individuals that materially assist human rights abusers, including lawyers, accountants, money launderers, and reputation launderers. Sen. Cardin also identified the need to consider diplomatic measures outside of sanctions, such as a mechanism to evaluate countries’ progress in combatting corruption, similar to the U.S. Trafficking in Persons regime. U.S. Helsinki Commissioner Rep. Steve Cohen (TN-09)—who also serves as chairman of the U.S. House Judiciary Committee Subcommittee on the Constitution, Civil Rights and Civil Liberties—advised that U.S.-EU cooperation will further strengthen the Magnitsky Act and the effectiveness of human rights sanction regimes. Cohen also emphasized the bipartisan support for human rights in the United States. Members of the European Parliament expressed optimism that increasing U.S.-EU coordination on human rights protections will strengthen overall impact. Rep. Bill Keating (MA-09) recognized that the democratic values shared between the United States and European Union can help fight rising authoritarianism and democratic backsliding. Greens Member of the European Parliament Committee on Foreign Affairs and of the EP Subcommittee on Human Rights Jordi Solé (Spain) emphasized the importance of consistency in the U.S. and EU approach to promoting human rights in order to ensure the sanctions mechanism is credible and useful. He also raised the importance of examining the role of the private sector in supporting human rights. U.S. Helsinki Commissioner Rep. Gwen Moore (WI-04) affirmed the importance of supporting emerging democracies and addressing corruption in private industry. Moore acknowledged the one-year anniversary of George Floyd’s murder and noted that the United States should not raise human rights concerns abroad in foreign policy without examining its own adherence to those principles. Rep. Gerry Connolly (VA-11), President of the NATO Parliamentary Assembly, suggested that NATO should actively prioritize democracy promotion, democratic values, and human rights. To close the discussion, Chair of the European Parliament Subcommittee on Human Rights Maria Arena (Belgium) and Rep. Moore highlighted possible initiatives for future U.S.-EU cooperation: coordinated response to human rights abuses in Belarus; cooperation with private industry to protect human rights; cooperation with Afghan NGOs and women’s associations as the U.S. military withdraws from the country; determination of parliamentary diplomacy’s role in addressing human rights abuses; and implementation of measures within the participating States to mitigate democratic backsliding in the West, which would include addressing systemic racism.

  • Swedish Foreign Minister Ann Linde to Appear at Helsinki Commission Online Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: SWEDEN’S LEADERSHIP OF THE OSCE Priorities for 2021 Friday, June 11, 2021 9:15 a.m. to 10:15 a.m. Watch Live: https://www.youtube.com/HelsinkiCommission In 2021, Sweden chairs the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—which comprises 57 participating States stretching from North America, across Europe, and to Central Asia and Mongolia. Even as the OSCE begins to emerge from the global COVID-19 pandemic, it is tackling other critical challenges, including Russia’s ongoing aggression in Ukraine, protracted conflicts in Moldova and Georgia, and the pursuit of a lasting and sustainable peaceful settlement of the Nagorno-Karabakh conflict through the framework of the Minsk Group. Meanwhile, several countries are deliberately spurning their OSCE commitments to human rights, democracy, and the rule of law. Participating States including Russia, Belarus, and Turkey not only stifle dissent in their own countries but also seek to undermine the OSCE’s work defending fundamental freedoms and curtail civil society’s participation in OSCE activities. Other shared challenges include combating human trafficking, countering terrorism and corruption, and protecting vulnerable communities, including migrants, from discrimination and violence. At this virtual hearing, Swedish Foreign Minister and OSCE Chairperson-in-Office Ann Linde will discuss Sweden’s priorities for 2021 and address current developments in the OSCE region.

  • Helsinki Commission Commemorates 45 Years of Advancing Comprehensive Security in the OSCE Region

    WASHINGTON—To commemorate the 45th anniversary of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, on June 3, Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “The Helsinki Commission has played a vital role in elevating the moral dimension of U.S. foreign policy and prioritizing the protection of fundamental freedoms in our dealings with other nations,” said Chairman Cardin. “From fighting for fair treatment of Jews in the Soviet Union, to developing landmark legislation to address human trafficking, to demanding sanctions on human rights violators and kleptocrats, and so much more, the commission consistently has broken new ground.” “For 45 years, the commission has flourished as a bipartisan and bicameral platform for collaboration within the federal government. Its purpose is not to support a specific party or administration, but instead to advance transatlantic cooperation, promote regional security and stability, and hold OSCE participating States accountable to their promises,” said Sen. Wicker. “Our commissioners’ united front against threats to democracy and human rights worldwide has become a pillar of U.S. international engagement.” “I am grateful to have experienced the crucial role played by U.S. engagement in the Helsinki Process, both as an election observer in Bulgaria in 1990, and later as a lawmaker and commissioner,” said Rep. Wilson. “The Helsinki Commission is unique in its ability to adapt to evolving global challenges. The defense of human rights and democracy looks different now than it did during the Cold War, but we continue to unite over the same resilient principles and commitment to fundamental freedoms.” On June 3, 1976, U.S. President Gerald Ford signed the Helsinki Commission into existence through Public Law 94-304 to encourage compliance with the Helsinki Final Act of 1975—the founding document that lays out the ten principles guiding the inter-state relations among today’s OSCE participating States. The agreement created new opportunities to engage with European partners on human rights, cooperative security, economic opportunities, and territorial disputes, and the commission played an integral role in ensuring that human rights became a key component of U.S. foreign policy. Forty-five years after its founding, the Helsinki Commission continues to engage with participating States to confront severe and persistent violations of human rights and democratic norms. Since its establishment, the Helsinki Commission has convened more than 500 public hearings and briefings. It regularly works with U.S. officials in the executive branch and Congress to draw attention to human rights and security challenges in participating States, including racism, anti-Semitism, and intolerance; corruption; human trafficking; and Russia’s persistent violations of the Helsinki Final Act in its relations with Ukraine and other OSCE countries.

  • Helsinki Commission Condemns Lukashenko Regime for Forced Landing of Commercial Jetliner Leading to Arrest of Raman Pratasevich

    WASHINGTON—Following Alexander Lukashenko’s order to divert and forcibly land a commercial plane in Minsk in order to arrest Belarusian activist and journalist Raman Pratasevich and civil society activist Sofia Sapega, Helsinki Commission Chairman Sen. Ben Cardin (MD), Commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02), and Commissioner Richard Hudson (NC-08) issued the following statements: “Dictators like Alexander Lukashenko increasingly seek to use extraterritorial surveillance, intimidation, harassment and even assassination against their political opponents,” said Chairman Cardin. “The kidnappings of Raman Pratasevich and Sofia Sapega from a commercial aircraft illegally forced by military aircraft to land in Minsk creates a precedent of terror that, if unchecked, could limit dissidents’ ability to travel freely. An international crime of this magnitude, engineered by the self-styled leader of Belarus, requires a strong international response, starting with Magnitsky sanctions on those involved.” “Lukashenko has already rigged elections, restricted freedoms, and repressed thousands of Belarusians. He has stooped to a new and alarming low by using military aircraft to force down a civilian airliner,” said Sen. Wicker. “He will only continue escalating his attempts to retain power unless he faces real consequences for his actions. We should develop a full-spectrum strategy against transnational repression to deter such brazen actions by dictators.” “The shocking abduction of Raman Pratasevich demonstrates that Alexander Lukashenko will do almost anything to silence perceived opposition,” said Rep. Wilson. “We demand that Lukashenko release all political prisoners without exception, and end his attacks against journalists, civil society, and all Belarusians peacefully exercising their rights.” “Holding civilian passengers hostage by creating a false threat and forcing a plane to land is an act of state terrorism,” said Rep. Hudson. “Unfortunately, we now have proof that Lukashenko’s dictatorship is a grave threat not only to Belarusians, but to the rest of the world. His regime should be treated as the rogue state that it is.” On May 23, a Ryanair plane flying from Athens to Vilnius carrying over 120 passengers was notified of a bomb threat, met by a Belarusian military jet, and forced to land in Minsk. The bomb threat was false, and upon landing, Belarusian authorities detained journalist Raman Pratasevich and Sofia Sapega, a Russian citizen studying in law at the European Humanities University, which was forced out of Belarus in 2004 and has relocated to Vilnius. Each could face up to 15 years in prison. Pratasevich, who had been living abroad for his safety since 2019, is a co-founder of the NEXTA Live Telegram channel, which has extensively covered this past year’s protests in Belarus and serves as a coordination hub for opposition activity. Belarusian authorities declared NEXTA an “extremist” outlet in October 2020. On May 24, video footage of Pratasevich appeared on Telegram, in which he states that his health is fine, the authorities have treated him lawfully, and that he is cooperating with them in their investigation. The Belarusian KGB is known for producing such videos of forced confessions. Lukashenko has crushed independent media and jailed journalists, activists, and political opponents in unprecedented numbers since Belarus’ falsified presidential elections in August 2020.

  • Helsinki Commissioners Welcome Report on Governance of World Anti-Doping Agency

    WASHINGTON—Following the May 17 report of the Office of National Drug Control Policy (ONDCP) on World Anti-Doping Agency (WADA) governance reforms, Helsinki Commission Chairman Sen. Ben Cardin (MD), Ranking Member Sen. Roger Wicker (MS), and Commissioner Sen. Sheldon Whitehouse (RI) issued the following statements: “We must fight the influence of Russian corruption wherever we find it. The Russian doping scandal at the 2014 Sochi Olympics severely tainted international sport; seven years later, the Kremlin has paid no price,” said Chairman Cardin. “I welcome the Biden administration’s constructive approach to reforming international sport institutions and hope that the World Anti-Doping Agency will engage positively to eliminate conflicts of interest and protect itself from corruption. International sport should showcase the best of humanity’s accomplishments, not the worst of its faults.” “I commend the Biden administration for maintaining a bipartisan commitment to reform the World Anti-Doping Agency,” said Sen. Wicker. “Thanks to the Rodchenkov Anti-Doping Act, the criminal networks behind doping finally will be held accountable, and whistleblowers who expose doping fraud will be protected. WADA should now follow suit. Athletes should have a real voice in the organization and help to bring an end to the deep-set conflicts of interest among those who run WADA.” “From state-sponsored doping programs like Putin’s to driven individual cheaters, there’s always someone trying to game the system. We need a powerful cop to enforce doping rules and safeguard the integrity of international sport, and this report shows how far WADA is from being that cop,” said Sen. Whitehouse. “The Department of Justice must be prepared to enforce the Rodchenkov Anti-Doping Act, including levying stiff penalties on those engaging in doping fraud conspiracies. This is another battle in the war between scammers and kleptocrats and the rule of law; we cannot let those dark forces win.” The Rodchenkov Anti-Doping Act became law on December 4, 2020. It establishes criminal penalties for participating in a scheme in commerce to influence a major international sport competition through prohibited substances or methods; provides restitution to victims of such conspiracies; protects whistleblowers from retaliation; and establishes requirements to coordinate and share information with the United States Anti-Doping Agency (USADA). The bill advanced through the legislative process entirely on consensus-based procedures, demonstrating the wide bipartisan support for the measure. The legislation also received overwhelming support from amateur and professional sport organizations, including the U.S. Anti-Doping Agency, the U.S. Olympic and Paralympic Committee, the U.S. Olympic and Paralympic Committee Athletes’ Advisory Council, the U.S. Olympians and Paralympians Association, Major League Baseball, the National Football League, the National Hockey League, and PGA TOUR. In April 2021, the U.S. Helsinki Commission released a podcast episode interviewing Dr. Grigory Rodchenkov, who exposed the 2014 Russian state-sponsored doping scandal, on the passage of the legislation that bears his name and his expectations for enforcement of the new extraterritorial criminal law.

  • Preventing Mass Atrocities

    The mass atrocities and genocides committed in twentieth-century Europe spurred a worldwide consensus that there is a responsibility among states to both prevent and punish such heinous acts. The U.S. Helsinki Commission convened its first hearing of the 117th Congress on May 13, 2021 to examine the interests of the United States in taking an active role in preventing mass killings, war crimes, crimes against humanity, and genocide; review warning signs that indicate risks for atrocities; and discuss the challenges of building and sustaining alliances among states in support of atrocities prevention. Presiding over the hearing, Chairman Sen. Ben Cardin (MD) emphasized the international consensus behind the legal obligation to prevent and punish mass atrocity crimes—large-scale and deliberate acts on civilians that constitute acts of genocide, crimes against humanity, ethnic cleansing, and war crimes—and the responsibility of the United States to recognize and act on early warning signs. Witnesses included Timothy Snyder, the Richard C. Levin Professor of History at Yale University and a permanent fellow at the Institute for Human Sciences in Vienna, and Naomi Kikoler, the director of the Simon-Skjodt Center for the Prevention of Genocide at the U.S. Holocaust Memorial Museum. Snyder offered four recommendations to shape prevention-based policies against mass atrocities. First, foreign correspondents should be present abroad to provide reliable information, as widespread disinformation campaigns often take place before mass atrocities. Second, policymakers should aim to stem panic and assure that citizens can attain necessary resources—at the beginning of a mass atrocity, there is often a sense of scarcity and urgency. Third, prevention policies should focus on strengthening governments and civil society, as mass atrocities often occur in weak states. Fourth, the United States must embody human rights; in recent history, the weaponization of history has increased the risk of mass atrocities. Once states resort to military force to stop mass atrocities, Snyder noted, it is already too late. Therefore, prevention is key. Kikoler testified that mass atrocities are preventable, and effective action based on early warning signs can track, disrupt, and prevent such crimes. Kikoler pointed to troubling signs in the OSCE region, including hate speech targeting ethnic and religious minorities, existing armed conflict, and the rise of authoritarian governance. She also differentiated between upstream risks and imminent warning signs. Kikoler also explained that atrocity prevention is in the best interest of the United States, as mass atrocities can have a devastating destabilizing effect on entire regions. She noted that although the U.S. leads the world in developing tools for atrocity prevention, these tools can still be improved. Discussing the importance of holding those responsible for atrocities accountable, Snyder explained that accountability should extend beyond prosecution to include reputational and financial costs. Kikoler stressed the need to identify gaps in the atrocity prevention architecture, including those in domestic legislation criminalizing the commission of crimes against humanity. Chairman Cardin asked the witnesses for suggestions on improving implementation of the Elie Wiesel Genocide and Atrocities Prevention Act and for suggestions for legislative change. Kikoler recommended that when the next report is released, Congress should convene a hearing and ask the Department of State to review prevention strategies established to address the risks articulated for given states in the report. In addition, she proposed an annual briefing by the intelligence community to Congress on countries that may be at risk of genocide, and expanded atrocity prevention training for Foreign Service Offices in countries deemed at-risk. With support from Kikoler, Snyder suggested an award from American journalists who report on genocide and genocide prevention, or a fellowship providing funding to young Americans interested in reporting on countries at risk. Both witnesses drew attention to the courageous examples of Gareth Jones and Jan Karski, who reported on the Soviet-made famine in Ukraine and the Holocaust, respectively. To conclude the hearing, Chairman Cardin discussed the importance of learning from accurate history, understanding the role of non-governmental organizations in providing information on local communities, and correctly identifying the victim. He also reiterated the responsibility of policymakers to make atrocity prevention a priority in U.S. foreign policy. Related Information Witness Biographies Press Release: Senate Passes Cardin, Young Bipartisan Bill to Bolster U.S. Leadership in Genocide and Atrocity Prevention

  • Wicker, Cardin Reintroduce Bill to Fight INTERPOL Abuse

    WASHINGTON—Helsinki Commission Ranking Member Sen. Roger Wicker (MS) and Chairman Sen. Ben Cardin (MD) today reintroduced the Transnational Repression Accountability and Prevention (TRAP) Act to counter the politically-motivated abuse of INTERPOL by authoritarian regimes. The bill would establish U.S. priorities for responding to INTERPOL abuse and promoting reform within INTERPOL, improve the U.S. response to fraudulent use of INTERPOL mechanisms, and protect the U.S. justice system from INTERPOL abuse. “Autocratic states like Russia and China for years have abused Red Notices from INTERPOL to punish their political enemies,” Sen. Wicker said. “The United States and other democracies should not have to remain complicit in this global assault on the rule of law. The TRAP Act would push for due process at INTERPOL and codify regulations that prevent American law enforcement from doing the dirty work of repressive autocrats.” “Autocrats increasingly seek to silence opposition beyond their borders—and INTERPOL has become one of their primary tools to harass and silence independent voices,” said Chairman Cardin. “The United States must ensure that dissidents and whistleblowers seeking refuge in the U.S. are beyond the reach of the authoritarian regimes that seek to punish them, even within the United States. The TRAP Act would be a major step forward in countering such authoritarian transnational repression.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. Original cosponsors of the legislation include Helsinki Commission members Sen. Thom Tillis (NC), Sen. Sheldon Whitehouse (RI), and Sen. Marco Rubio (FL). Sen. Ed Markey (MA), Sen. Mike Rounds (ND), and Sen. Chris Van Hollen (MD) also are original cosponsors.

  • Helsinki Commission Hearing to Examine Prevention of Mass Atrocities

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: PREVENTING MASS ATROCITIES Thursday, May 13, 2021 9:30 a.m. Watch Live: www.youtube.com/HelsinkiCommission The mass atrocities and genocides committed in twentieth-century Europe spurred a worldwide consensus that there is a responsibility among states to both prevent and punish such heinous acts. At this online hearing, witnesses will discuss why it is in the best interests of the United States to take an active role in preventing mass killings, war crimes, crimes against humanity, and genocide; warning signs that indicate risks for atrocities; and the challenges of building and sustaining alliances among states in support of atrocities prevention. The following witnesses are scheduled to testify: Professor Timothy Snyder, Richard C. Levin Professor of History, Yale University Naomi Kikoler, Director, Simon-Skjodt Center for the Prevention of Genocide, United States Holocaust Memorial Museum

  • Cardin, Hudson Pledge Support to Ukraine in Bilateral Call Between OSCE PA Delegations

    WASHINGTON—In response to increased Russian aggression against Ukraine, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Commissioner Rep. Richard Hudson (NC-08) initiated an exceptional bilateral meeting with members of the Ukrainian Delegation to the OSCE Parliamentary Assembly (OSCE PA) on April 30.  Chairman Cardin, who serves as Head of the U.S. Delegation to the Assembly, and Rep. Hudson, who is a member of the delegation and chairs the OSCE PA’s General Committee on Political Affairs and Security, sought the meeting to express the support of the United States for Ukraine’s territorial integrity and sovereignty and to solicit the Ukrainian lawmakers’ perspectives on the ongoing crisis. Ukrainian participants included parliamentarians Mykyta Poturaiev (Head of Delegation) and Artur Gerasymov (Deputy Head of Delegation).  The exchange, which focused on the recent massing of Russian forces on Ukraine’s eastern border and in occupied Crimea, and the closure by Russia of parts of the Black Sea and the Azov Sea, also covered topics including: The militarization of occupied Crimea and widespread violations of fundamental freedoms there, with particular persecution directed toward Crimean Tatars The Crimean Platform, a Ukrainian diplomatic initiative to mobilize world leaders to raise the cost of Russia’s occupation of the peninsula, with the ultimate goal of de-occupation The effects of the Nord Stream 2 pipeline on Russian influence in Europe  The importance of continued reform processes in Ukraine, including in ensuring the rule of law and the independence of the judiciary and of Ukraine’s anti-corruption bodies Chairman Cardin and Rep. Hudson reiterated Congress’ strong and bipartisan support for the sovereignty and territorial integrity of Ukraine. Chairman Cardin underscored that the United States stood with Ukraine in the face of Russian aggression, which “violated every principle of the Helsinki Final Act,” he stated. He added that the Ukraine Security Partnership Act unanimously approved by the Senate Foreign Relations Committee on April 21 codified the U.S. security commitment to Ukraine and support for the Crimean Platform initiative, among other measures designed to strengthen the bilateral relationship. The United States remained “strongly and firmly united in our support for Ukraine,” Rep. Hudson said, pledging continued resolve in ensuring this message was clear to Russian authorities. Hudson, recalling a statement issued in his capacity as OSCE PA committee chair on April 7, also expressed readiness to engage fully in the parliamentary dimension of the Crimean Platform. In addition, the U.S. and Ukrainian delegates discussed plans for the 2021 Annual Session to be held remotely in late June and early July. 

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