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

    Standing by President Trump’s side in Helsinki for their first bilateral summit, Russian President Vladimir Putin made what Trump described as an “incredible” offer: He would help U.S. investigators gain access to Russian intelligence officers indicted for the 2016 election hacking, on one small condition. “We would expect that the Americans would reciprocate and they would question [U.S.] officials … who have something to do with illegal actions on the territory of Russia,” Putin said, producing the name to indicate what actions he had in mind: “Mr. Browder.” Bill Browder, an American-born financier, came to Russia in the 1990s. The grandson of a former general secretary of the Communist Party USA, Browder by his own admission wanted to become “the biggest capitalist in Russia.” He succeeded and was for a decade the country’s largest portfolio foreign investor. Whatever the sins of Russia’s freewheeling capitalism, Browder’s real crime in the eyes of the Kremlin came later, after he had been expelled from Russia in 2005. In 2008, his Moscow lawyer, Sergei Magnitsky, uncovered a tax scam involving government officials that defrauded Russian taxpayers of $230 million. He did what any law-abiding citizen would, reporting the crime to the relevant authorities. In return, he was arrested and held in detention without trial for almost a year. He was beaten and died on Nov. 16, 2009, at Moscow’s Matrosskaya Tishina prison under mysterious circumstances. Officials involved in his case received awards and promotions. In a chilling act worthy of Kafka, the only trial held in the Magnitsky case was a posthumous sentencing of himself — the only trial against a dead man in the history of Russia. It was then that Browder turned from investment to full-time advocacy, traveling the world to persuade one Western parliament after another to pass a measure that was as groundbreaking as it would appear obvious: a law, commemoratively named the Magnitsky Act, that bars individuals (from Russia and elsewhere) who are complicit in human rights abuses and corruption from traveling to the West, owning assets in the West and using the financial system of the West. Boris Nemtsov, then Russia’s opposition leader (who played a key role in convincing Congress to pass the law in 2012), called the Magnitsky Act “the most pro-Russian law in the history of any foreign Parliament.” It was the smartest approach to sanctions. It avoided the mistake of targeting Russian citizens at large for the actions of a small corrupt clique in the Kremlin and placed responsibility directly where it is due. It was also the most effective approach. The people who are in charge of Russia today like to pose as patriots, but in reality, they care little about the country. They view it merely as a looting ground, where they can amass personal fortunes at the expense of Russian taxpayers and then transfer those fortunes to the West. In one of his anti-corruption reports, Nemtsov detailed the unexplained riches attained by Putin’s personal friends such as Gennady Timchenko, Yuri Kovalchuk and the Rotenberg brothers, noting that they are likely “no more that the nominal owners … and the real ultimate beneficiary is Putin himself.” Similar suspicions were voiced after the publication of the 2016 Panama Papers, which showed a $2 billion offshore trail leading to another close Putin friend, cellist Sergei Roldugin. Some of the funds in his accounts were linked with money from the tax fraud scheme uncovered by Magnitsky. 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  • Transatlantic Relations in Flux

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  • Members of European Parliament to Assess Transatlantic Relations at Helsinki Commission Briefing

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  • Annual Trafficking in Persons Report: Europe Falling Behind on Trafficking Victim Identification

    WASHINGTON—Last week, the U.S. Department of State released the 18th annual Trafficking in Persons (TIP) Report, which tracks the progress of 189 countries toward meeting minimum standards of prosecution, protection, and prevention in the fight against human trafficking.  This year’s report showed a 45 percent increase in trafficking victim identification worldwide in 2017 to 100,409—an all-time high for both labor and sex trafficking. However, while more labor trafficking victims were identified in Europe than in 2016, overall victim identification in Europe dropped 4 percent. Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04), who also serves as the Special Representative for Human Trafficking Issues to the OSCE Parliamentary Assembly, said, “With the current migrant crisis, it is more important than ever that OSCE participating States in Europe are informed and on the lookout for human trafficking victims, and have care available for them when they are found.  Unaccompanied minors, in particular, are vulnerable to trafficking and re-trafficking all along the migration routes.” Helsinki Commission Chairman Sen. Roger Wicker (MS) welcomed the report and noted that despite the downturn in victim identification in Europe, several OSCE participating States have made substantial progress in fighting human trafficking. “Estonia, Cyprus, Serbia, Bulgaria, Moldova, and Uzbekistan are to be congratulated for their efforts to meet the minimum standards for the elimination of human trafficking,” he said.  Ireland and Armenia, however, moved down from Tier 1 to Tier 2.  Bosnia and Herzegovina, Kyrgyzstan, Tajikistan, and Mongolia moved from Tier 2 to the Tier 2 Watch List.  The TIP Report classifies countries into several tiers based on their progress toward meeting minimum standards to combat human trafficking. Tier 1 countries fully meet the minimum standards. Tier 2 countries do not meet the minimum standards but are making a significant effort to do so. Tier 2 Watch List countries are in a grace period and are in real danger of becoming Tier 3 if they do not take concrete action to improve their efforts. Tier 3 countries do not meet the minimum standards and are not making significant effort to do so. Tier 3 countries may be subject to U.S. sanctions. Since the creation of the annual TIP Report by Co-Chairman Smith’s Trafficking Victims Protection Act of 2000, more than 120 countries have enacted anti-trafficking laws and many countries have taken other steps to significantly raise their tier rankings—citing the TIP Report as a key factor in their new anti-trafficking efforts. 

  • Press Conference Following U.S. Congressional Delegation Meetings in Bosnia

    Thank you Madam Ambassador.  We appreciate it very, very much.  And this is indeed a bicameral and bipartisan delegation of members of the United States Congress and I am pleased to be here in Sarajevo for my fifth visit.  This is a nine-member congressional delegation. It represents – as the Ambassador said – the bicameral U.S. Helsinki Commission, of which I’m privileged to serve as chair.  The Helsinki Commission and its members from the United States Congress have always cared about Bosnia and Herzegovina.  Its first congressional visit here was in early 1991, before the conflict began.  Commissioners returned when they could during the conflict, and have come back on several occasions after the conflict to assess and encourage recovery and reconciliation.   This time, we come here first and foremost to let both the political leaders and the people of Bosnia and Herzegovina know the United States remains interested and engaged in the Balkans.  The progress we want to see throughout the region must include progress here in Bosnia.  We are committed to protecting the country’s sovereignty and territorial integrity in line with the 1995 Dayton Agreement, and we support Bosnia’s aspirations for European and Euro-Atlantic integration.  Efforts to undermine state institutions, along with calls for secession or establishment of a third entity, violate the spirit and letter of the Dayton Accords and endanger the stability of Bosnia and Herzegovina, and the entire region, and they diminish the likelihood of progress for local families and job creators.   We encourage the Bosnian government to undertake the necessary reforms to make integration a reality.  The inability to make Bosnia’s government more functional, efficient, and accountable is holding this country back.  It is the consensus of the international community that the people of Bosnia and Herzegovina are ill-served by their government’s structure. Bosnia should correct one glaring shortcoming.  The discriminatory ethnic criteria that prevent some Roma, Jewish, Serbs in the Federation, Croats and Bosniaks in the Republika Srpska, and other citizens who do not self-identify with a group from seeking certain public offices is unacceptable and can easily be addressed.  Bosnia’s neighbors are making progress, and we do not want to see this country fall further behind.   In our meeting with Members of the Bosnian Presidency, we expressed our frustrations with the political impasse and often dangerous rhetoric.  We urged stronger leadership and a more cooperative spirit in moving this country forward, together.  This should include electoral reform now and a serious commitment to the additional reforms that are obviously needed in the near future.  We are tired of the way ethnic politics dominates debate and makes decision-making such a difficult progress.  We share this impatience with our allies and the people this country would like to move closer toward.  This does not enhance the future of young people who want to stay and raise families in Bosnia, and it places a drag on efforts toward Euro-Atlantic integration. We encouraged international mission heads and the diplomatic community based here in Bosnia to defend human rights, democracy, the rule of law and all principles of the Helsinki Final Act in their important work.  In these areas, there should be no compromises here in Bosnia that we would not accept elsewhere.  Working together, the United States and Europe must deal firmly with those who seek to undermine those principles in any way, and that should include – for the worst offenders – coordinated sanctions on their ability to travel and on their individual assets.  We also need to work with Bosnian officials to counter external forces that actively seek to make Bosnia even more vulnerable to internal instability than it already is right now.  We are proud of the work between the United States and Bosnian officials thus far on countering terrorism.  We hope Bosnia remains committed to prosecuting and rehabilitating foreign terrorist fighters through ensuring longer sentences for convicted terrorists. Second to sending a strong U.S. message, we come to hear the voices of the people.  The Helsinki Commission and members of Congress regularly meet with diplomats and senior officials from Bosnia who visit Washington.  Their views are important, and we have good discussions, and we had good discussions this time.  However, we often wonder what the people of Bosnia truly think about their situation.  To that end, we met here with citizens who continue to be denied their recognized right to seek certain public offices.  We also heard the many concerns of non-governmental representatives.  In Mostar, we met with a young leader whose organization is trying to find common ground among the people of that spectacular city, which is still divided in too many ways.  It is deplorable that the citizens of Mostar have been denied their right to vote in local elections since 2008; we call on Bosnia’s political leaders to set aside the differences and work toward a compromise that resolves the impasse. We encourage all citizens of Bosnia and Herzegovina to give priority not to protecting ethnic privileges that keep them segregated from one another, but to promoting policies that will give them jobs, greater opportunity, a 21st century education, and the prosperity they want for their children and grandchildren.  To succeed, Bosnian citizens must all move forward together.   However, ethnic divisions continue to thwart needed cooperation.  We sense that these divisions are not as deep as claimed by the political leaders who exploit them. They exploit them for power, in our judgment.  And if there is one thing which should unite all Bosnians, it should be the desire to end the rampant corruption that robs this country of its wealth and potential. We hope that the upcoming Bosnian elections are not only conducted smoothly and peacefully, but their results reflect the genuine will of the people.  Democracy is strengthened when voters cast their ballots based, not on fear, pressure or expectation, but based on their own, personal views regarding the issues and opinions of the candidates, their views and their character.  The outcome must accurately capture these individual sentiments.  We hope for progress on electoral reform, in line with accepted norms for free and fair elections, so that election results can be implemented and a government formed.  We are dismayed at the lack of political diversity within some of the main ethnic groups in this country, and take issue with those who argue they are entitled to a monopoly in representing those groups. A third and final reason this delegation has come to Bosnia and Herzegovina is to remember —as American citizens and elected officials — why the United States of America should continue to care about Bosnia and Herzegovina, even when so many other crises demand attention.  We are reminded, in that regard, of the upcoming anniversary of the genocide at Srebrenica and the unimaginable pain and loss that lingers from that and other wartime atrocities.  Some of us visited the War Childhood museum, reminding us as well of the innocence and vulnerability of civilian victims.  We also remember past U.S. leadership in responding to the conflict.  The address of this building is “1 Robert C. Frasure Street,” after one of three American envoys who lost their lives on nearby Mount Igman while seeking to bring peace to this country.  Their work, and that of so many other American diplomats, soldiers and citizens who have continued their work to this day, cannot be left unfinished.   Finally, we also witnessed the incredible beauty of the countryside, the vibrancy of places like Sarajevo and Mostar, and the generous hospitality of the people.  Having been through so much, they deserve better than they have right now.            We therefore leave here more committed than ever to this country’s future, and as confident as ever in our ability to work together to build that future.  We support Ambassador Cormack here in Sarajevo and will continue to encourage our government in Washington to take further steps to encourage the good governance and prosperity that the citizens of this country deserve.

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

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

  • Inaugural PADWEEK Addresses Racial Discrimination across Europe

    On May 19, 2018, African-American Meghan Markle wed Prince Harry at St. George’s Chapel in Windsor, England. Black culture was celebrated throughout the event: Queen Elizabeth II’s first female black chaplain offered prayers, a black British choir sang African-American Ben E. King’s “Stand By Me,” and Chicago-based African-American Episcopalian bishop Michael Curry quoted civil rights icon Martin Luther King Jr. during his wedding address, preaching on “the power of love.” However, the public discussion leading up to the wedding was riddled with racial stereotyping and prejudice spurred by Markle’s biracial identity—her father is white and her mother is black. British news outlets were heavily criticized for racial insensitivity after commenting on Markle’s “unconventional family,” and using phrases like “unlikely pairing” to further differentiate between the prince and Markle. Unfortunately, racial bias is not confined to Markle—now Duchess of Sussex—but instead extends to many black people in Europe. According to four comprehensive reports from the Organization for Security and Cooperation in Europe, the European Commission, the EU Agency for Fundamental Rights, and Open Society Foundations, a significant percentage of the estimated 15–20 million people of African descent living in Europe have experienced high rates of prejudice and discrimination. Just days before the wedding, racial equality advocates from across Europe gathered in Brussels to address this problem. At the inaugural People of African Descent Week (PADWEEK), organized by the European Parliament Anti-Racism and Diversity Intergroup, Transatlantic Minority Political Leadership Conference, Each One Teach One, and the European Network Against Racism, more than 100 black European activists discussed current racial injustices in Europe and recommended ways for European leaders to respond to increasing hate and discrimination across the region. Attendees included black policymakers, business leaders, and human rights activists from across Europe. Helsinki Commissioners Rep. Alcee Hastings (FL-20) and Rep. Gwen Moore (WI-04) were two of nine honorary hosts. “Whether in America or Europe, we must all do more to uphold the democratic values of our nations,” Commissioner Hastings said in a statement. “Skin color should not determine one’s access to rights, protections, and opportunities in a democracy.” Though the agenda was full with discussions ranging from BREXIT to migration to Africa-EU relations, PADWEEK addressed issues of racial discrimination head-on and introduced new ways to find solutions. It called for change to a well-ingrained European system that has left black people by the wayside for centuries. Race and legal issues were raised repeatedly in discussions. German legal expert and human rights activist Thomas Ndindah called for justice for Oury Jalloh, an asylum seeker who burned to death in a German police cell while handcuffed to a mattress in 2005. Participants also questioned a so-called “Marshall Plan” for Africa, the name of which alludes to the American-European economic plan that helped rebuild Western Europe following World War II. Participants voiced concerns that African countries were not being viewed as equal partners in the negotiations or consulted on the name. Instead, many attendees viewed the plan as Europeans paying African governments to keep unwanted African migrants from reaching Europe, while at the same time purposefully attracting Africa’s highly skilled professionals to Europe. This raised one question: how would Africa benefit from this “Marshall Plan” for Africa if Africa’s brightest and best were contributing to countries elsewhere? The week ended with a list of recommendations from participants and a passionate speech by Mirielle Fanon-Mendes-France, daughter of twentieth century philosopher Frantz Fanon. She called on European institutions to deliver on longstanding promises to address the ongoing impact of colonialism and slavery on the present-day well-being of black Europeans. Recommendations from PADWEEK included: Recognizing the history of past injustices by adopting a European Black History Month and a Remembrance Day for victims of colonialism and enslavement Supporting empowerment and anti-discrimination initiatives by funding black-led civil and human rights organizations Adopting legislation in the European Parliament on an EU Framework for National Strategies for Equality and the Inclusion of People of African Descent in Europe

  • 2018 World Cup: The Beautiful Game and an Ugly Regime

    The 2018 World Cup hosted by Russia has created an unprecedented opportunity for the country’s kleptocrats to enrich themselves. Just as he did with the 2014 Winter Olympics in Sochi, President Vladimir Putin has hijacked a world sporting event in an attempt to burnish his own image and enrich the Kremlin elite, rather than to celebrate sport and sportsmanship in Russia. However, unlike the 2014 Winter Olympics, the World Cup has required multiple infrastructure projects in not just one, but eleven, host cities. Oligarchs, as well as regional and national officials, have worked together to embezzle assets from the tournament stadium construction and refurbishment to side projects of accommodation and transport. Mistreated and forced laborers have completed this work. Contractors have used and manipulated Rus-sian and migrant workers to erect the stadiums and other structures that are essential to hosting a World Cup. For example, Russia has continued its unscrupulous use of North Korean forced labor to build St. Petersburg Zenit Arena, opened by President Putin himself in March 2017. Russia presented the World Cup to the FIFA voters in 2010 as a wholesome tournament, bringing the world together for a festival of sport. Instead, President Putin will give the world a corrupt tournament, built on the backs of forced and mistreated labor, and expose fans to a real risk of soccer violence and hatred. Although troubling trends in each of these areas can be seen in countries throughout the OSCE region, the offenses of the Kremlin are particularly egregious. Download the full report to learn more. Contributors: Michael Newton, Intern and Scott Rauland, Senior State Department Advisor

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

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

  • Ending the War in Ukraine

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

  • Kurt Volker to Discuss War in Ukraine at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ENDING THE WAR IN UKRAINE: KURT VOLKER, U.S. SPECIAL REPRESENTATIVE FOR UKRAINE NEGOTIATIONS Tuesday, May 8, 2018 2:00 p.m. Dirksen Senate Office Building Room 106 Live Webcast: www.facebook.com/HelsinkiCommission The Russian-manufactured war in Ukraine has killed more than 10,000 people, injured at least 25,000, and created a humanitarian crisis endangering millions more. Amid daily ceasefire violations and threats to critical infrastructure, civilians continue to bear the brunt of the cost of the needless, four-year-old conflict. In July 2017, the U.S. Secretary of State appointed Ambassador Kurt Volker as U.S. Special Representative for Ukraine Negotiations. Volker has since repeatedly met with senior Russian counterparts to explore ways to end the conflict, including the possibility of an international peacekeeping mission. At this Helsinki Commission briefing, Ambassador Volker will explore the way ahead for U.S. and international policy on Ukraine in the wake of President Putin’s re-election.  

  • Co-Chairman Smith Chairs Hearing on Plight of Russian Family, Possible UN Corruption in Guatemala

    WASHINGTON—Congress should investigate and hold accountable the United Nations’ International Commission against Impunity in Guatemala (CICIG) for its role in the prosecution of a Russian family in Guatemala fleeing Putin’s Russia, said Congressman Chris Smith (NJ-04), co-chair of the Commission on Security and Cooperation in Europe, at a Friday hearing titled “The Long Arm of Injustice.” The hearing examined CICIG’s role in the prosecution of the Bitkov family in Guatemala. “Congress has a special responsibility in this matter because the United States is one of the largest contributors to CICIG’s budget. There has been little congressional oversight of CICIG – it’s clearly time for that to change,” Rep. Smith stated at the hearing. The case of the Bitkovs was examined at the hearing, which featured testimony from the lawyers representing the family as well as from Bill Browder, a human rights advocate and founding director of the Global Magnitsky Campaign for Justice, who has investigated the case and CICIG’s role in it. The Bitkovs fled Russia in 2008 following a series of events that began in 2005 with Igor Bitkov refusing to let a senior official at one of Russia’s state banks, Sberbank, buy over half of his North-West Timber Company. His daughter Anastasia was kidnapped and repeatedly raped in 2006, and the family paid $200,000 to ransom her. In 2008, the banks demanded full repayment of their loan to Bitkov’s company despite the company’s good credit. The company was forced into bankruptcy, its assets sold at fire sale prices, and the Bitkovs fled Russia fearing for their lives after hearing of threats made against them. This case was a textbook scheme of Russian officials persecuting those who refuse to do business with them, Browder said. “First, in Russia people who run successful businesses are routinely victimized through a process called ‘Raiderstvo’. I was a victim of Raiderstvo and so were the Bitkovs. It is a standard practice in Russia where organized criminals work together with corrupt government officials to extract property and money from their victims,” stated Browder in his written testimony before the commission. Browder was expelled from Russia in 2005 after fighting corporate corruption there. After Russian authorities seized his companies, Browder’s lawyer Sergei Magnitsky investigated the matter; he was arrested and was tortured to death in Russia in 2009. Since then, Browder pushed for the passage and enactment of Magnitsky laws. After fleeing Russia, the Bitkovs entered Guatemala through a legal firm, Cutino Associates International, that offered them travel documents, and took on new identities there. However, they were eventually indicted and prosecuted for passport fraud, and although the country’s appeals court sided with them, a lower court ruled against them and sentenced them to long prison terms. CICIG was involved in the ultimate prosecution that resulted in their current sentences for passport fraud: 19 years in prison for Igor, and 14 years each for his wife Irina and their daughter Anastasia. The prosecution was “notoriously disproportionate and even more aggressive and shocking than high-impact crimes such as drug trafficking, murder or even terrorism,” stated Rolando Alvarado, a lawyer representing the Bitkovs, at the hearing. “They channelled their criminal prosecution before special courts that know of crimes of greater risk.” The very prosecution violated the law of the country, said another lawyer who represents the Bitkovs. “In Guatemala, the Palermo Convention is in force, as well as the Guatemalan Migration Law. Both laws establish that migrants cannot be criminalized for the possession or use of travel documents or ID documents. Even so, the State of Guatemala has decided to prosecute, illegally, these cases and has issued suspended sentences in other similar cases,” stated Victoria Sandoval, who also represents the Bitkov family. The role of CICIG was examined at the hearing, along with its relationship with Russian officials who were pursuing the prosecution of the Bitkov family in Guatemala. “The Russian government routinely abuses international institutions in order to persecute its enemies who are outside of Russia. In my opinion, the Russian government succeeded in compromising CICIG and the Guatemalan Prosecutor for their own purposes in the Bitkov case. CICIG and the prosecutor’s office have jointly taken up the Russian government’s vendetta against the Bitkovs with no good explanation,” Browder stated. “CICIG did not distance itself from this Russian persecution. They’ve touted it on their website and they’ve actively tried to overturn the Bitkovs’ vindication by the Appeals Court.” Rep. Smith further noted that “the facts of the case strongly indicate” that CICIG “became deeply involved in the Kremlin’s persecution of the Bitkov family. Indeed that CICIG acted as the Kremlin’s operational agent in brutalizing and tormenting the Bitkov family.” “And then there must be accountability for the grotesque wrong that has been done to them. There must be further inquiry, and we must get to the bottom of this,” Smith said. Helsinki Commission Chairman Sen. Roger Wicker (MS) said in a statement for the record, "The case of the Bitkovs illustrates the Kremlin’s pattern of abuse involving the world’s courts and legal institutions. Russia should be called out for the mafia state it is and the illegitimate and politically influenced decisions that come out of Russian courts not given the time of day. We must find a way to protect our institutions from malign outsider influence and avoid becoming unwitting participants in Kremlin vendettas." Sen. Marco Rubio (FL), Commissioner at the Helsinki Commission, said in a statement for the record, “This miscarriage of justice cannot be tolerated and today’s hearing is a strong first step in bringing this matter to light. It is important for both Kremlin and Guatemalan officials to understand that the world sees what is happening and will not accept Russian malign influence in the Western Hemisphere or the destruction of Guatemalan judiciary.” Sen. James Lankford (OK) said in a statement for the record, “We should be diligent in exercising oversight over any foreign entity which receives U.S. taxpayer funding to ensure our nation's own resources are used to advance national interests. I applaud the Commission for looking into the issue of the Bitkov family as well as exercising oversight over the U.S.-funded CICIG.” Sen. Mike Lee (UT) said in a statement for the record, "CICIG should be operating to root out real corruption, rather than building up or tearing down political winners and losers. It pains me to see sovereignty continually thrown by the wayside as has been the case in Guatemala. It is unfair to average citizens. It has been unfair to the Bitkovs. It is unfair to all who seek a free and prosperous Guatemala."

  • The Long Arm of Injustice

    In 2008, Igor and Irina Bitkov, along with their daughter Anastasia, fled Russia in fear for their lives. Having seen their successful company bankrupted in a textbook raider scheme, their daughter kidnapped and raped, and facing death threats, the Bitkovs took refuge and began a new life with new identities in Guatemala. The family now finds itself separated, imprisoned in squalid Guatemalan jail cells, and facing nearly twenty years in prison for alleged paperwork irregularities normally punishable by a simple fine. There are grave reasons to question the role of the government of Russia and the UN’s International Commission against Impunity in Guatemala (CICIG) in their imprisonment. “I am deeply concerned about grave injustices suffered by the Bitkov family—brutalized in Russia, now apparently re-victimized in Guatemala, where they languish in jail,” said Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04), who chaired the hearing. “Evidence indicating that the government of Russia may have enlisted the UN’s International Commission against Impunity in Guatemala to persecute this family is troubling and must be thoroughly scrutinized.” The hearing sought answers to key questions: Did the Kremlin enlist CICIG in its vendetta to destroy the Bitkovs? Is this another example of the frightening reach of Putin’s government and its ability to co-opt institutions designed to further the rule of law, as it has Interpol and Mutual Legal Assistance Treaties? Has the government of Russia corrupted a UN anti-corruption agency? What does this teach about the government of Russia, the UN, and the global fight against the scourge of corruption? The Helsinki Commission examined the specifics of the Bitkov case, including Russian influence on CICIG and Guatemala’s Attorney General’s office, and reviewed policy options to protect U.S. taxpayer-supported institutions from abuse and undue pressure from authoritarian governments. Selection of Additional Materials Submitted for the Record Response of William Browder to Questions for the Record Submitted by Rep. James McGovern Report: CICIG and the Rule of Law | Ligo ProPatria, Instituto de Servicios a La Nacion, Guatemala Immortal, ProReforma Sign-On Letter to the Helsinki Commission | Civil Society Representatives Letter to the Helsinki Commission | Ligo ProPatria, Instituto de Servicios a La Nacion, Guatemala Immortal, ProReforma Letter to the Helsinki Commission | Migration Groups Letter to President Maldonado of Guatemala | Bill Browder Letter to President Maldonado of Guatemala | Helsinki Commission Chairman Sen. Roger Wicker Invitation to Ivan Velasquez to Testify at Helsinki Commission Hearing Communication from Loreto Ferrer, CICIG Letter to the Helsinki Commission | VTB Bank Information from RENAP Cover Notes from Aron Lindblom,Diakonia Guatemala, Regarding: Letter to the Helsinki Commission | Indigenous Ancestral Authorities of Guatemala Letter to the Helsinki Commission | Christian Council of Guatemala Letter to the Helsinki Commission | Asociation de Mujeres Q'eqchi'es Nuevo Horizonte Letter to the Helsinki Commission | Comite de Unidad Campesina Guatemala Letter to the Helsinki Commission | Asociation Grupo Integral de Mujeres Sanjuaneras The Wall Street Journal: Kremlin Revenge in Guatemala (March 25, 2018) The Wall Street Journal: Russia’s Dubious Guatemala Story (April 15, 2018) The Wall Street Journal: A Crisis in Guatemala, Abetted by the U.N. (April 22, 2018) National Review: Microscopic Dots. Let's Look at Them. (April 25, 2018) National Review: Why Are They Doing This to the Bitkovs? (April 26, 2018) The Economist: A corruption spat in Russia endangers crime-fighters in Central America (April 28, 2018) Materials submitted by Victoria Sandoval, criminal and human rights attorney representing the Bitkov family Audio: CICIG supports VTB petitions Affidavit: Harold Augusto Flores confesses that he was threatened by CICIG Medical reports on Anastasia Bitkova issued by the National Forensic Science Institute BBC: Inside the 'world's most dangerous' hospital Ruling issued by the tribunal presided over by Judge Iris Yassmin Barrios  

  • Chairman Wicker, Ranking Member Cardin on Anniversary of Death of Joseph Stone in Ukraine

    WASHINGTON—On the one-year anniversary of the death of Joseph Stone, a U.S. paramedic serving in the OSCE Special Monitoring Mission (SMM) in Ukraine, Helsinki Commission Chairman Sen. Roger Wicker (MS) recalled Stone’s tragic death, criticized the pressure put on international monitors, and called for the Russian government to end the cycle of violence that resulted in Stone’s death.  Stone’s life was cruelly cut short when his vehicle struck a landmine in separatist-controlled territory in eastern Ukraine. “Civilian OSCE monitors like Mr. Stone risk their lives to tell the world what is happening, even as they face violent harassment and physical obstruction. Monitors should be able to travel throughout the country without restriction or intimidation, as their mandate requires,” Sen. Wicker said. “Russia’s continued fueling of this war must end. Putin and those he supports should live up to their commitments under the Minsk agreements and get out of Ukraine.” Sen. Ben Cardin (MD), a senior member of the Senate Foreign Relations Committee and Ranking Senate Commissioner, praised the work of the monitors and condemned Russia’s leaders for their role in the conflict. “Joseph Stone gave his life in service to a mission that shines a light on a war that has killed thousands and affected millions more.  Every day, these brave, unarmed monitors report the ground truth from a conflict manufactured by Putin and his cronies to advance his vision of a weak and destabilized Ukraine,” Sen. Cardin stated. “Russia’s invasion of Ukraine is one of the most serious breaches of OSCE principles since the signing of Helsinki Final Act in 1975. The Russian regime must put an end to the cycle of violence it perpetuates in Ukraine and live up to its OSCE commitments.” The SMM was established in 2014 to monitor implementation of the Minsk agreements, which were designed to bring peace to eastern Ukraine. It is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. It is the only independent monitoring mission in the war zone. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine.  It currently fields roughly 700 monitors, nearly 600 of whom are in the Donetsk and Luhansk regions. The United States supports the SMM by providing more than 60 monitors and other resources to the mission.

  • A Crisis in Guatemala, Abetted by the U.N.

    In the struggle to defeat transnational crime in Central America, the U.S. is financing a United Nations prosecutorial body in Guatemala. Yet these U.N. prosecutors are thumbing their noses at the rule of law and seem to be using their power to politicize the Guatemalan judiciary. This is dividing and destabilizing a pivotal democracy in the region. The fragile Guatemalan state is in the crosshairs of Venezuelan dictator Nicolás Maduro and Cuba’s Gen. Raúl Castro. If their allies seize control of Mexico’s southern neighbor via its institutions, as Daniel Ortega has done in Nicaragua, it will have implications for Mexican and American security. The U.N. body, known as the International Commission Against Impunity in Guatemala (CICIG by its Spanish initials), has been in the country since 2007. It has busted some criminals. But its unchecked power has led to abuse, and this should concern U.S. backers. Some of CICIG’s most vociferous defenders hail from Guatemala’s extreme left, which eschews equality under the law and representative democracy. CICIG’s rogue justice has come to the attention of Sen. Roger Wicker (R., Miss.), chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission. He has scheduled a hearing April 27 to review CICIG’s role in the Guatemalan prosecution and extralegal conviction of a Russian family on the run from Vladimir Putin’s mafia. As I detailed in March 26 and April 19 Americas columns, Igor and Irina Bitkov, and their daughter Anastasia, fled persecution in Russia and became victims of a crime syndicate in Guatemala that was selling false identity documents. Yet Guatemala and CICIG tried the family alongside members of the crime ring that tricked them. They were convicted and given unusually harsh sentences. Guatemalan law and the U.N.’s Palermo Convention say that such migrants are victims, and a Guatemalan constitutional appeals court ruled that the Bitkovs committed no crime. CICIG and Guatemalan prosecutors ignored that ruling, went to a lower court and got a conviction. CICIG will not say why, or why it didn’t prosecute the law firm that solicited the fake documents given to the Bitkovs. Matías Ponce is “head of communications” for CICIG but there is no contact information for him or his office on the CICIG website. I managed to get his cellphone number from a third party and, after repeated tries, made contact with him. I requested his email and wrote to him so I could share with readers CICIG’s explanation of what appears to be abuse of power. He sent me a boilerplate response about CICIG’s work against criminal networks but no answers to my questions. It is unlikely CICIG will answer questions before the Helsinki Commission. Its co-chairman, Rep. Chris Smith (R., N.J.), invited CICIG to appear at a similar hearing he proposed for April 24 in the House Foreign Affairs subcommittee monitoring human rights and U.N. entities. CICIG declined the invitation. That hearing was not scheduled, though the office of Foreign Affairs Chairman Ed Royce (R., Calif.) told me it’s not dead. If CICIG refuses to cooperate with the Helsinki Commission, it will fuel the feeling among rule-of-law advocates that it has something to hide. CICIG says it is in Guatemala merely to “support” the attorney general in her work “identifying and dismantling” criminal networks and is not involved in politics. But an academic analysis of CICIG by Jonatán Lemus, a Francisco Marroquín University political science professor, suggests otherwise. Mr. Lemus observes that “CICIG has also been criticized for the very same reasons others have praised it: becoming a player in judicial appointments, proposing some controversial reforms to the Guatemalan constitution, and the use of televised conferences to shift the public in its favor. From this perspective, instead of strengthening Guatemalan institutions, the Commission is making national institutions dependent on its assistance.” This dependence drives CICIG deeper into politics. As Mr. Lemus notes, “once immersed in a polarized political system,” an international body designed like CICIG naturally “will face incentives to behave as any domestic bureaucracy trying to maximize its power and resources to ensure its survival.” Without an explanation for the bizarre Bitkov convictions, Guatemalans are left to speculate about CICIG’s motives. Incompetence is one possibility. But once the injustice was publicized and not corrected, that reasoning collapsed. A foreign businessman also makes an easy target for a politically correct prosecutor seeking approval from anticapitalist nongovernmental organizations. Kremlin “influence” cannot be ruled out. Nailing the Bitkovs was a priority for Russia because the family had refused to “donate” large sums to the Putin kitty in Kaliningrad. It would hardly be surprising to learn that Moscow leaned on prosecutors and judges to put the family behind bars. There’s no doubt that something fishy went on, and CICIG prosecutor Iván Velásquez’s unwillingness to address it is troubling. The truth matters for the family, for Guatemala and for the U.S.

  • Turkey Wants to Veto Civil Society Organizations at the OSCE

    A September meeting of the Organization for Security and Cooperation in Europe is being held up by Turkey, which wants to be able to stop specific civil society groups from participating in the annual event. Each September, civil society organizations from OSCE member states meet with government representatives for Europe’s largest human rights conference, the Human Dimension Implementation Meeting. For many civil society organizations, the event is the lone opportunity they have to address government representatives. But if Turkey gets its way, those civil society organizations won’t include groups affiliated with Fethullah Gulen, Turkish President Recep Tayyip Erdogan’s onetime ally and current foe. Erdogan blames Gulen for the 2016 failed coup attempt and claims that groups affiliated with his movement are part of terrorist organizations. The Turkish government’s demand for a veto over civil society organizations’ participation has some worried that Ankara will weaken a critical event in the human rights community — and set an example for other countries in the process. Last September, the Turkish delegation stormed out after an opening speech to oppose participation of the Gulen-affiliated Journalists and Writers Foundation. “This entity is so closely linked to the Fethullahist Terror Organization,” said Rauf Engin Soysal, the Turkish ambassador to the OSCE. Earlier that year, Turkey managed to rid the group of its consultative status at the U.N. Economic and Social Council over a technicality. Though the group lost its consultative status at the U.N., it still came to September’s OSCE meeting. A representative for the Journalists and Writers Foundation says the organization was not given a chance to reply to claims it is a terrorist organization. “Of course because this is an allegation without any proof and a groundless claim,” the representative says. In the fall of 2017, Turkey, which can block the dates and agenda of the Human Dimension Meeting, attempted to establish a veto over which civil society organizations could join the event. A working group that was set up last fall to deal with the issue is expected to meet Friday. In January, U.S. Sens. Roger Wicker and Ben Cardin wrote to Assistant Secretary of State Wess Mitchell expressing concerns about countries calling for a “vetting” mechanism for civil society organizations, specifically citing Turkey. “Turkey’s attempt to limit civil society participation at the OSCE rejects its commitment to promote freedom as a NATO ally. The State Department is right to join the Commission in opposition to these actions,” Wicker wrote in a comment to Foreign Policy. There may not be an easy solution, however. “Everything is based on consensus decisions made by the participating states,” a spokesperson for the OSCE’s Office of Democratic Institutions and Human Rights says. And Turkey appears to be standing firm in its position. Turkey recognizes the importance of the OSCE’s work and is not opposed to groups that are critical, Behic Hatipoglu, a counselor for the Turkish Foreign Ministry, wrote in response to questions. “However, participation of terror affiliated organizations to the OSCE activities is another issue and we believe that OSCE platforms should not be abused by terrorist or terrorist affiliated organizations,” he wrote. Beyond the September meeting, some NGOs and government officials alike are concerned that Turkey might inspire other countries — Kyrgyzstan or Azerbaijan, for example — to take similar measures to keep civil society organizations away from the table. But there are also concerns that this is part of a larger pattern of Turkish behavior on the international stage. Erdogan recently called for snap elections, which will take place under the state of emergency, and civil society groups have been a frequent government target. “They aren’t worried about attracting negative attention. If anything, they like it. It shows they’re proactive,” says David Phillips, the director of the program on peace-building and rights at Columbia University’s Institute for the Study of Human Rights. “This is all part of an effort by Erdogan to show voters he’s not allowing foreigners to interfere in Turkey’s domestic affairs.” And though the current Turkish initiative is focused on Gulen-affiliated groups, Phillips believes it’s part of a broader effort, at home and abroad, to go after civil society. “I would suspect that their efforts are not restricted only to Gulen-related groups. Once you start restricting civil liberties, why stop with the Gulen groups?”

  • Capitol Hill Commemoration of the Armenian Genocide

    Mr. Speaker, next week, on April 24, we will mark the 103rd anniversary of the infamous Armenian genocide. The date of the commemoration marks the anniversary of Red Sunday, the night when the Ottoman Empire Government gave the order to arrest and intern approximately 250 Armenian intellectuals in Istanbul. Less than 2 months after Red Sunday, the end of May 1915, the government enacted legislation that unleashed unspeakable widespread government-organized evictions, massacres, and deportations. As many as 1.5 million people perished. It was about the annihilation of the Armenian people. In September of 2000, I held the first-ever hearing on the Armenian genocide here in Congress. Three years ago this month, I chaired another hearing on the 100th anniversary. At the time, I noted that the Armenian genocide is the only one of the genocides of the 20th century in which the nation that was decimated by genocide has been subjected to ongoing outrage of a massive campaign of genocidal denial, openly sustained by state authority--that would be the Turkish Government. That has to change, and this horrible, horrible genocide needs to be recognized by our government for what it was.

  • The Good Friday Agreement at 20

    Between 1969 and 1999, during a period known as “The Troubles,” almost 3,500 people died as a result of political violence in Northern Ireland. On April 10, 1998, the Governments of Ireland and the United Kingdom—along with Northern Ireland political parties participating in peace talks—reached a political settlement and signed what is now known as the Good Friday Agreement. However, full implementation of the agreement has been challenging. Certain aspects of the agreement remain unfulfilled, including those related to devolved government, police reforms, and accountability for past abuses. Ahead of the 20th anniversary of the Good Friday Agreement, which will be April 10, the hearing examined the agreement’s achievements as well as aspects that have not been fully implemented, including state collusion in the crimes of paramilitaries.

  • Could U.S. Law Help Punish Russians for Doping Scheme?

    WASHINGTON — In recent months, the United States has punished the following people for alleged human rights violations and corruption: A former Gambian president who led terror and assassination squads. A Chechen leader involved in torture, kidnapping and murder. A Pakistani man at the center of a human-organ trafficking network. And a former Russian sports minister who was implicated in a nation’s systematic doping scheme that tainted several Olympics and other international competitions? Well, not the last person — at least not yet. The United States Anti-Doping Agency is exploring the use of government sanctions to punish Russian officials involved in the state-supported doping program that turned the 2014 Sochi Games into a sham. On Tuesday, Travis Tygart, the chief executive of the agency, attended a workshop here sponsored by the U.S. Helsinki Commission to see if the Global Magnitsky Act, a 2016 law that allows the sanctions, could apply to the Russians. The law calls for individuals who have committed human rights violations or significant corruption to be barred from obtaining United States visas and blocked from using the American financial system, which effectively blacklists them from doing business with major world banks. Powerful, wealthy people don’t like to have their assets frozen. “What happened in Sochi was the worst case of corruption that we’ve ever seen in sport, so why shouldn’t the act apply to us?” Tygart said. “We have to look down every avenue if we’re working for clean athletes, particularly in light of the I.O.C.’s failure do anything.” Tygart said American athletes have been demanding that the antidoping agency find ways to better protect clean athletes in the future so the Russian doping debacle is never repeated. The International Olympic Committee punished Russia, sort of, for its widespread doping. It barred the Russian Olympic Committee, the Russian flag and the Russian national anthem from last month’s Pyeongchang Games, while letting some Russian athletes compete under a neutral flag. It also barred for life one top Russian official: Vitaly Mutko. (He was implicated in the doping program as the Russian sports minister. After the scheme was exposed, he was promoted to deputy prime minister.) Three days after the Pyeongchang Games ended, the I.O.C. reinstated Russia’s Olympic committee — even though two Russian athletes had failed drug tests during the competition. So the United States antidoping group is looking for additional ways to punish the Russians. The Global Magnitsky Act is in its infancy and the sports angle might be a long-shot, but why not try? Besides, the United States government often has to do the dirty work for sports leagues and federations that refuse to police themselves. To take down the principles and athletes involved in the Bay Area Laboratory Co-Operative steroids scandal that ensnared athletes like Barry Bonds and Marion Jones, law enforcement made arrests and prosecutors took it from there. To address the widespread doping problem in Major League Baseball, Congress had to drag players and management in to testify. To uncover corruption in FIFA, United States prosecutors took the lead and indicted more than two dozen officials and businessmen from all over the world — much to the dismay of soccer’s global establishment. And now it could be the Global Magnitsky Act that delivers a staggering blow to the Russians for corrupting the results of major global sports competitions — including, but certainly not limited to, the Olympics. Among the people who could be targeted for sanctions are Mutko; Yuri D. Nagornykh, the former deputy sports minister; Irina Rodionova, the former deputy director of the Center for Sports Preparation; and others mentioned in an affidavit by Dr. Grigory Rodchenkov, Russia’s former longtime antidoping laboratory chief who blew the whistle on the whole operation. Does such sports corruption rise to the level covered by the law? William F. Browder thinks so. He’s a prominent investor who worked with Congress on the original Magnitsky Act, which was passed in 2012 in response to the death of Browder’s Russian lawyer, Sergei L. Magnitsky. The lawyer had uncovered a $230 million tax-theft scheme before he was arrested and died in prison. “There’s one important issue and that’s the doping scandal at the Sochi Games led to what I believe were murders,” Browder said, referring to two officials from Russia’s antidoping agency who died within two weeks of each other in 2016. “There were a number of people involved who died very suspiciously who were most likely liquidated to cover up a crime.” He added: “There were people who effectively ruined institution of sport and have committed crimes to do so. That would reach the standard of Global Magnitsky, in my opinion. These people involved in sports doping, they’re shameless. So there needs to be really hard consequences. They need to pay a very dear price.” That price would be losing access to their money and the freedom to move about the world. And they would be on a list with some of the world’s worst criminals. “If the Olympic Games are unquestionably tainted, that has huge economic ramifications for not just U.S. athletes, but for U.S. industry, and the U.S. government has an interest in making sure that doesn’t happen,” said Robert G. Berschinski, senior vice president for policy at Human Rights First and a former deputy assistant secretary of state. I asked him if he thought the individuals involved in the Russian doping case could be sanctioned under the law. “Without getting into specifics,” he said, “it seems that you can make a case.” Tygart thinks so, too. He left the workshop on Tuesday thinking that sanctions were a last resort but “a viable option.” Is it truly a viable option, and will the antidoping agency act on it? A certain group of Russians might not be eager to learn the answers.

  • Helsinki Commission Co-Chairman Smith Introduces Resolution Marking 20th Anniversary of Good Friday Agreement

    WASHINGTON—Ahead of the 20th anniversary of the Good Friday Agreement on April 10, Helsinki Commission Co-Chair Rep. Chris Smith (NJ-04) and a bipartisan group of members from the Ad Hoc Committee on Irish Affairs have introduced a resolution to reaffirm U.S. Congressional support for the agreement and expressed concern about the failure to adequately implement certain aspects of it. “The Good Friday Agreement brought peace to Northern Ireland, a tremendous achievement,” said Rep. Smith. “Yet aspects of the agreement that require accountability for past abuses have been only partially implemented. The British government admits to collusion in paramilitary murders, but in many case has refused to bring to justice state agents guilty of grave crimes—a violation of the agreement and basic international human rights law.” Smith’s resolution, H.Res.777, commends the Good Friday Agreement, calling it “a blueprint for sustainable peace in Northern Ireland.” The resolution also notes that certain aspects of the agreement remain unfulfilled, including those related to devolved government, police reforms, and accountability for past abuses. It also calls on the British Government to establish a full, independent, and public judicial inquiry into the 1989 murder of human rights lawyer Patrick Finucane, and urges the U.S. Secretary of State to appoint a Special Envoy for Northern Ireland. Rep. Eliot Engel (NY-16), the lead Democrat cosponsor of the resolution, said, “For 20 years, the Good Friday Agreement has been the backbone of the northern Irish political process. It provided a path forward for the two communities to live together and govern this long-disputed land in peace. It also helped clear the way for dealing with the challenges that remain: reconciliation, an honest reckoning of what took place, and justice for those who have yet to see it. This resolution rightfully recommits us to the values and principles underlying the Good Friday Agreement and commemorates the Agreement’s first 20 years.” Rep. Richard Neal (MA-01), Chair of the Friends of Ireland, said: “As we recognize the 20th anniversary of the Good Friday Agreement this year, the United States must continue to play a meaningful role on the island of Ireland in order to ensure that all aspects of that landmark peace accord are implemented in full. I believe this timely resolution expresses those concerns clearly and in great detail.” “It’s important that we mark this anniversary,” said Smith. “The Good Friday Agreement is as relevant now as ever, given the uncertainties that Brexit has created. And many Americans played key roles in facilitating the Good Friday Agreement, and in promoting its implementation. We still have a role to play in urging reconciliation through truth and justice.” H. Res. 777 was introduced with Reps. Eliot Engel, Joe Crowley (NY-14), Richard Neal, and James McGovern (MA-02) as original cosponsors. Reps. Smith, Engel, and Crowley are Co-Chairs of the Ad Hoc Committee on Irish Affairs, and Rep. Neal is Chair of the Friends of Ireland—both are Congressional caucuses concerned with supporting justice and human rights in Ireland and Northern Ireland. Between 1969 and 1999, during a period known as “The Troubles,” almost 3,500 people died as a result of political violence in Northern Ireland. On April 10, 1998, the two Governments of Ireland and the United Kingdom—along with Northern Ireland political parties participating in peace talks, reached a political settlement and signed the Good Friday Agreement. However, full implementation of the agreement has been challenging. Rep. Smith has chaired 16 congressional hearings on the Northern Ireland justice and peace process, many of them focusing on issues of police reform and government collusion in the crimes of paramilitary organizations. Four of Rep. Smith’s bills and resolutions have been passed addressing the British government’s role in the murder of human rights lawyer Patrick Finucane, most recently H. Con. Res. 20 (110th Congress, 2007).

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