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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  • A Century of Denial: The Armenian Genocide and the Ongoing Quest for Justice

    At this hearing, Chairman Chris Smith and other lawmakers examined denialism of the Armenian Genocide by the Government of Turkey and the decades-long effort to seek accountability. The hearing also provided an opportunity to assess potential countercurrents in Turkish society that could move the Government of Turkey toward recognition, and explore what the United States and other countries can do to help bring about recognition and eventually, reconciliation. Witnesses testifying at the hearing focused on the sustained campaign of the Turkish government to deny the Armenian genocide and its impact on Armenian-Turkish relations and foreign policy in the region. Turkey’s denialism of its past and making it an essential part of its foreign policy was identified as a threat to democracy, stability, and security in the entire region.

  • Smith: U.S. Must End Its Denial of Armenian Genocide

    Genocide is the most terrible crime a people can undergo, or another people can commit. It must never be forgotten. To forget it would be to dull our consciences and diminish our own humanity. It must never be denied, but fully acknowledged. Otherwise, any meaningful attempt at reconciliation will be thwarted. Brookdale College, the Center for Holocaust, Human Rights, and Genocide Education (Chhange), and everyone who contributed to making exhibits the center unveiled April 12 a reality, has performed a great service to our community, not only to Armenian-Americans, but to everyone, including those who deny the genocide. They are opening paths to the truth, and therefore to a better future. In September 2000, I had put together and chaired a hearing on the Armenian genocide and legislation to finally put the United States on record officially acknowledging it. It was a four-hour hearing, the first hearing the House of Representatives ever held on it. The testimony I heard that day, and accounts of the atrocities I have read in the articles and books over the years, have shocked me deeply. A related resolution on the genocide, H. Res. 398 — vigorously opposed by the Clinton administration — never got a vote. But just as shocking then is what we still see today: a completely political and callous campaign to deny the Armenian genocide. In 1915, there were about 2 million Armenians living in what was then the Ottoman Empire. They were living in a region that they inhabited for 2,500 years. By 1923, well over 90 percent of these Armenians had disappeared. Most of them, as many as 1.5 million were dead. The remainder had been forced into exile. There is no lack of historical record. In fact, we only have to listen to the words of the U.S. Ambassador to Turkey at the time, Henry Morgenthau, who called it a "campaign of race extermination." We only have to listen to the British, French, and Russian governments who said the Young Turks committed a "crime against humanity," the first time in history that charge was ever made by one state against another. And we only have to listen to the government of Turkey itself, which tried and convicted a number of high-ranking Young Turk officials for their role in what the Turkish government's indictment called, "the massacre and destruction of the Armenians." When the term genocide was invented in 1944 to describe the systematic destruction of an entire people, its author Raphael Lemkin explained the term by saying it was "the sort of thing Hitler did to the Jews and the Turks did to the Armenians." The campaign to deny this genocide, often driven by the Turkish government, is repulsive. It is a slap in the face to Armenians everywhere. It is this denial that keeps the Armenian genocide a burning issue and prevents much needed healing of old wounds. Armenians are unfortunately not alone in suffering the hurt and pain that stems from the denial of truth. The international community failed the victims of the Holocaust, China, the Soviet Union, Eastern Europe, Ethiopia, Rwanda, Bosnia, DRC, Darfur and Syria, to name a few. That means that we here in the United States, and that means not only the Congress but also the president, have the responsibility to speak truthfully and to speak boldly about the past in order to secure our future. We must write and speak the truth so that generations to come will not repeat the mistakes of the past. Only 20 nations around the world have recognized the Armenian genocide. That includes Canada as well as eleven EU countries including France, Germany Italy, Sweden, Belgium, the Netherlands, Lithuania, Poland, Slovakia, Greece and Cypress. Conspicuously absent from the list of nations that have officially recognized it is the United States. For my part, I am preparing to chair a congressional hearing on April 23 — the day before Armenian Remembrance Day (April 24) — which this year marks the 100th anniversary of the genocide. When political leaders fail to lead or denounce violence, the void is not only demoralizing to the victims but silence actually enables the wrongdoing. Silence by elected officials in particular conveys approval — or at least acquiescence —and can contribute to a climate of fear and a sense of vulnerability. History has taught us that silence is not an option. We must do more. Chris Smith is a Republican congressman representing New Jersey's 4th District, which includes portions of Mercer, Monmouth and Ocean counties.

  • Unequivocal Support for Israel

    Mr. Speaker, I’d like to thank my colleague, Mr. Stewart, for reserving this time to send a message of vigorous, unequivocal, and unflinching U.S. support for Israel. Mr. Speaker, on the eve of Prime Minister Netanyahu’s historic address, we have to join his efforts to set the focus on the existential, genocidal threat Iran poses to Israel. We have to be realistic about Iranian President Rouhani because many in the media – and some in the administration – have been reluctant to do that. Rouhani has a long history of murderous anti-Semitism and anti-Americanism. The corpses are all over the globe.  Rouhani chaired Iran’s National Security Council from 1989 to 2005 – the years when Iran plotted the 1994 bombing of the AMIA Jewish cultural center, which killed 85 people in Buenos Aires. The 1996 attack on the Khobar Towers was also under his tenure – this one killed 19 U.S. servicemen in Saudi Arabia. He continues to support the global terrorism of Hezbollah. Likewise, Rouhani’s defense minister, Hossein Dehghan, participated in plotting the 1983 U.S. Marine barracks bombing in Beirut – this crime took the lives of 241 Americans, including Paul Innocenzi from my district. His Justice Minister, Mostafa Pour-Mohammadi, played a role in 1988 and 1998 in the summary executions of Iranian political prisoners and killings of intellectuals, as well as assassinations abroad. Mr. Speaker, this is the man that our government and Prime Minister Netanyahu are dealing with. For 16 years Rouhani ran Iran’s nuclear program. He has boasted openly of his success in using negotiations as a tool to buy time to advance his program. The question before us is whether the agreement President Obama is trying to close with Rouhani is yet another deal favorable to the Iranian government, allowing it to move the hand on the nuclear clock yet closer to midnight. There are many signs that this is the case. Most reports on the negotiations are that the administration is not trying to prevent a nuclear Iran, but only to preserve some “breakout time”  - yet will not require the kind of transparency to make even that a remotely reliable measure. Even worse, it seems the administration is prepared to accept a “sunset clause” – a date after which Iranian nuclear arms would be completely legitimated. And the deal being crafted reportedly ignores Iran’s ballistic missile program. All this amounts to a potential catastrophe. Unfortunately, the administration seems to have telegraphed its determination to get a deal with Rouhani – almost any deal – and to shut Congress out. This is why I am concerned, and why we in Congress and the American people need to hear all the more from Prime Minister Netanyahu. Let’s let the Prime Minister know that Congress and the American people stand with Israel, without any ‘ifs,’ or ‘buts,’ or ‘so long as,’ or any other qualifiers, and without any illusions about the murderous and manipulative intentions of Rouhani. I’d like to close by thanking Speaker Boehner for inviting Prime Minister Netanyahu.

  • Chairman Smith and Serbian Foreign Minister Support OSCE Role in Promoting Peace in Ukraine

    WASHINGTON–On February 25, Rep. Chris Smith (NJ-04), Chairman of the Helsinki Commission, held a hearing at which Ivica Dacic, the Foreign Minister of Serbia and Chairman-in-Office of the Organization for Security and Cooperation in Europe (OSCE), testified as to his plans for Serbia’s 2015 leadership of the OSCE. The chief issue facing the organization is Russia’s invasion of Ukraine and the humanitarian needs of the people of eastern Ukraine, including the OSCE’s role in monitoring the Minsk cease-fire agreement. Both Russia and Ukraine are among the 57 member states of the OSCE, the world’s largest regional security organization. Opening the hearing, Chairman Smith said that Foreign Minister Dacic’s leadership of the OSCE “comes at a moment of tragedy, of tremendous human suffering.” Smith emphasized that “one OSCE member – the Russian government – is tearing the heart out of a neighboring member, Ukraine.” “Understanding that the OSCE is a consensus organization – meaning that the Russian government has an effective veto over many significant actions – we believe that the OSCE is still able and responsible to speak the truth about the conflict, to find ways to limit it, and to help the people of Ukraine,” he said. Foreign Minister Dacic emphasized that “the Serbian Chairmanship will make every effort to help restore peace in Ukraine.” In its role as Chairman of the OSCE, Dacic said, “Serbia brings to the table good relations with all the key stakeholders, and we are making every effort to serve as an honest broker and use our leadership role to utilize the OSCE toolbox impartially and transparently.” Foreign Minister Dacic also discussed the fight against human trafficking and anti-Semitism with Chairman Smith.  Other members of the Helsinki Commission participating in the hearing included Senator Ben Cardin, and Congressmen Joe Pitts, Alcee Hastings, and Steve Cohen.

  • Serbia's Leadership of the OSCE

    In 2015 Europe was faced with a number of security and human rights concerns, especially with regard to Russian aggression in Ukraine. In this hearing, OSCE Chairman-in-Office Ivica Dačić testified to several Commissioners about Serbia's plans for leadership of the OSCE in 2015. He noted that in addition to persistent efforts supporting Ukraine's security and territorial integrity, they would place a special emphasis on strengthening rule of law, freedom of expression, and freedom of the media. Mr. Dačić also emphasized that the active engagement of the United States within the OSCE is critical to the organization's effectiveness.

  • Chairman Smith Urges OSCE Leaders: Respond to Humanitarian Needs in Eastern Ukraine

    WASHINGTON—A renewed effort is underway in the Organization for Cooperation for Security and Cooperation in Europe (OSCE) to urge it to respond to humanitarian needs in eastern Ukraine, and to follow through on OSCE commitments to fight human trafficking and anti-Semitism. Rep. Chris Smith (NJ-04) led the U.S. Delegation to the annual Winter Meeting of the OSCE Parliamentary Assembly (OSCE PA) last week in Vienna, where he spearheaded this push. Smith expressed particular concern about the potential for human trafficking of vulnerable groups stemming from the current conflict in Ukraine. In a question to Ivica Dačić, the OSCE’s Chairman-in-Office for 2015 and the Foreign Minister of Serbia, Smith drew attention to the needs of internally displaced persons and the potential for human trafficking in eastern Ukraine. He noted that, among the nearly one million internally displaced persons, woman and children are particularly vulnerable to trafficking, and raised concerns that criminal gangs are taking advantage of the conflict:   “Is the OSCE equipping the special monitoring mission and other OSCE entities working in the Ukraine conflict zone, or with IDPs, to recognize and protect human trafficking victims, and is the OSCE taking trafficking prevention measures for this particular vulnerable population?” At a private meeting during the event, Chairman Smith met with Chairman-in-Office Dačić  to discuss the humanitarian, human rights, and security concerns arising from the Russian-backed conflict in eastern Ukraine. Smith encouraged Serbia to vigorously uphold the commitments made at the at the 10th  anniversary of the OSCE's Berlin Conference on anti-Semitism, and to review and reform the OSCE’s contracting regulations to ensure that OSCE activities do not contribute to trafficking in persons. He also urged Chairman-in-Office Dačić to promote an appropriate commemoration by the OSCE of the 20th anniversary of the Srebrenica genocide. Chairman Smith also met the Director of the OSCE’s Office of Democratic Institutions and Human Rights, Michael Georg Link. In addition to human trafficking and anti-Semitism, the two discussed OSCE election observation missions, as well as the organization’s current efforts to protect freedom of religion. In a meeting with Ambassador Madina Jarbussynova, the OSCE Special Representative and Coordinator for Combating Trafficking in Human Beings, Chairman Smith spoke about the most effective ways to fight human trafficking and assist with the rehabilitation of trafficking victims – including by working with faith-based organizations, as well as by encouraging participating States to adopt legislation preventing child sex tourism, such as Chairman Smith’s legislation currently pending in the U.S. Senate. Chairman Smith has pioneered OSCE engagement in fighting human trafficking and anti-Semitism. Since 2004, he has served as the OSCE PA’s Special Representative on Human Trafficking Issues – click here to read his most recent report. Starting in 2002, Smith led the movement to put anti-Semitism on the agenda of the OSCE, and he continues to work closely with Rabbi Andy Baker, the OSCE’s Representative on Combating Anti-Semitism, to ensure a more vigorous implementation of OSCE commitments in the area. In 2005 Smith authored H. Res. 199, a landmark congressional resolution recognizing the atrocity at Srebrenica in which an estimated 8,000 civilian men and boys were murdered by Serb forces as a genocide.

  • Serbian Minister of Foreign Affairs to Testify at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Serbia’s Leadership of the OSCE” Wednesday, February 25, 2015 2:30PM Rayburn House Office Building Room 2200 Serbia’s 2015 Chairmanship-in-Office of the 57-nation Organization for Security and Cooperation in Europe (OSCE) comes at a pivotal point in European security. The OSCE, a regional security organization based known for its work in promoting democracy, human rights, and the rule of law, operates on the front lines of Russia-Ukraine conflict and seeks to counter backsliding on human rights in other countries of the OSCE region.   Serbia’s First Deputy Prime Minister and Minister of Foreign Affairs, H.E. Ivica Dačić, will testify before the Helsinki Commission in his capacity as Chairman-in-Office of the OSCE. He takes the helm to conclude the implementation of a joint leadership plan developed with Switzerland, which chaired the OSCE in 2014. Minister Dačić is expected to discuss the Serbian Chairmanship-in-Office’s priorities, including resolution of the conflict in and around Ukraine; reconciliation and cooperation in the Western Balkans; reforming security sector governance; combating transnational threats, including foreign terrorist fighters, terrorism, and cyber-security; safeguarding journalists; fostering freedom of expression, assembly, and association; combating organized crime and its linkages to human trafficking; combating corruption; and improving water governance. He will also provide insights regarding the ongoing work of the OSCE.

  • Rep. Chris Smith, Sen. Roger Wicker to Lead Helsinki Commission

    WASHINGTON—Rep. Chris Smith (NJ-04) has been appointed by Speaker of the House John Boehner as chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, during the 114th Congress. Senator Roger Wicker (MS) has been appointed by Senate Majority Leader Mitch McConnell to co-chair the Commission. “Today, the principles enshrined in the Helsinki Final Act are under attack. The Russian government is blatantly violating the territorial integrity of Ukraine,” said Chairman Smith. “More than 20 million people are trafficked each year for sexual or other forms of exploitation. Journalists in the OSCE region are being imprisoned, tortured, and even murdered for exposing corruption or publishing controversial pieces. In Europe, violent anti-Semitism is again rearing its ugly head, and in some OSCE countries religious people face restrictions and even persecution merely for practicing their faith.” “The United States must advocate much more vigorously for those who are victims and are voiceless. As the chair of the bipartisan, bicameral Helsinki Commission, I look forward to working with my fellow Commissioners to promote human rights and fundamental freedoms and to safeguard the principles shared by the 57 participating States of the OSCE,” said Chairman Smith, who has been an active member of the Helsinki Commission since 1983. “I am pleased to join Chairman Smith and the other members of the Helsinki Commission in defending democratic values and the rule of law,” said Co-Chairman Wicker. “Peace and security are under threat in the wake of escalating Russian aggression – impacting our economic and strategic interests in the region. This situation calls for a unified response from the United States and our OSCE partner countries. We should work together to ensure a safe, free, and prosperous Europe for this generation and those that follow.” Chairman Smith has previously chaired the Commission and serves as a member of the OSCE Parliamentary Assembly (PA), which facilitates inter-parliamentary dialogue among the 57 participating States; he is also the OSCE PA’s Special Representative on Human Trafficking Issues. Senator Wicker also serves as a member of the OSCE PA, where he chairs the Committee on Political Affairs and Security.

  • Chairman Smith and Rep. McGovern Introduce “Global Magnitsky Human Rights Accountability Act”

    WASHINGTON—Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, and Rep. Jim McGovern (MA-02), today introduced the “Global Magnitsky Human Rights Accountability Act” (H.R. 624). The bill prohibits foreign human rights offenders and corrupt officials operating anywhere in the world from entering into the United States and blocks their U.S. assets. It effectively globalizes and strengthens the “Sergei Magnitsky Rule of Law Accountability Act of 2012,” which was directed at individuals and entities from Russia. “The ‘Global Magnitsky Human Rights Accountability Act’ is a game-changer, and demonstrates America’s commitment to protecting human rights worldwide,” said Chairman Smith. “We are sending a message to the world’s worst human rights violators:  we will shine a spotlight on your crimes. We will deny your visas. We will freeze your assets. No matter who you are or how much money you have, you won’t be enjoying the fruits of your misdeeds by visiting the United States or taking advantage of our financial institutions.” “We have made important progress in the last few years,” Rep. McGovern said.  “But since the introduction of the original Magnitsky Act, human rights defenders and anti-corruption activists worldwide have urged us to pass a law that covers similar violations in countries other than Russia.  Through the Global Magnitsky Act, we can better standardize our approach to human rights violators and provide clear guidance to the executive branch on how we expect these perpetrators to be held accountable.” “Conscripting child soldiers, kidnapping political opponents, and brutalizing people based on their religion are horrifying acts for which people must be held accountable – and this bill will do it,” said Chairman Smith. “The earlier Magnitsky Act enjoyed overwhelmingly bipartisan support in both the House and the Senate. I expect the Global Magnitsky Act to move forward with the same level of commitment in both chambers, and on both sides of the aisle.” Earlier this week, Senators Ben Cardin (MD) and John McCain (AZ) introduced similar legislation in the Senate, which also applies worldwide and employs visa bans and property freezes. Unique aspects of the House bill include the requirement that the President impose sanctions if he or she determines that a foreign person has committed gross human rights offenses. The bill also permits the President to sanction perpetrators regardless of whether the victims were exercising or defending basic human rights; requires that the annual Global Magnitsky List be released each year on Human Rights Day; and directs the Comptroller General to assess and report on implementation. Both the “Global Magnitsky Human Rights Accountability Act” and the earlier “Sergei Magnitsky Rule of Law Accountability Act of 2012” were inspired by Russian lawyer Sergei Magnitsky, who was arrested and imprisoned by the Russian government following his investigation into fraud involving Russian officials. He was beaten to death by prison guards in 2009 after being held in torturous conditions for 11 months without trial. Summary: The “Global Magnitsky Human Rights Accountability Act” This act requires the President to publish and update a list of foreign persons or entities that the President determines are responsible, and who the President has sanctioned, for gross violations of internationally recognized human rights – including extrajudicial killings, torture, enforced disappearances, and prolonged, arbitrary detention – or significant corruption. Known as the Global Magnitsky List, the list will be due annually on December 10 (Human Rights Day). Although the bill directs the President to prioritize cases where the victims were seeking to exercise or defend internationally recognized human and rights and freedoms, like freedom of religious, assembly, and expression, or expose illegal government activity, the President can act regardless of the victim. Sanctions on these individuals and entities will include: Prohibiting or revoking U.S. visas or other entry documentation for foreign individuals. Freezing and prohibiting U.S. property transactions of a foreign individual or entity if such property and property interests are in the United States; come within the United States; or are in, or come within, the control of a U.S. person or entity. This act also requires the Comptroller General of the United States to assess the implementation of the law and report to Congress, so that Congress can ensure it is being executed fully.

  • U.S. Helsinki Commission Chair Welcomes Additions to Magnitsky List

    WASHINGTON—Following Monday’s addition of four Russian individuals to the Magnitsky List by the Obama Administration, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: “I welcome the announcement made by the Obama Administration that it has added four additional individuals to the visa ban and asset freeze lists mandated under the Sergei Magnitsky Rule of Law Accountability Act.  I applaud the work of the U.S. Departments of State and Treasury to continue to focus attention on Russian government officials implicated in the death of Sergei Magnitsky and to demonstrate America's willingness to penalize human right violators when their own country refuses to act. "These sanctions are not sanctions against Russia, but against individuals who have committed serious human rights violations against Russians. The American people will continue to support Russians like Sergei Magnitsky who speak out about injustice and seek redress. “While I am pleased that additional names have been added to the Magnitsky List, there remain a significant number of Russians – both government officials and private individuals – against whom evidence exists of their involvement in the conspiracy and cover-up of Magnitsky’s death in 2009, but who have yet to be added to the visa ban and asset freeze lists.  I strongly encourage the Administration to continue its examination of the information available with regard to these individuals and add them to the List. The Sergei Magnitsky Rule of Law Accountability Act must continue to be used to demonstrate to the world that the voices of those who seek justice and who speak out about human rights violations are heard and valued by the United States of America.”

  • U.S. Helsinki Commission Chair Notes Challenges, Need for Action on International Human Rights Day

    WASHINGTON—To mark International Human Rights Day, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: "It has been a difficult year for those of us who are active in human rights in the OSCE region. Russia’s invasion of Ukraine has flagrantly violated the principles enshrined in the Helsinki Final Act, exacerbated regional security, and further revealed the weaknesses of Russia’s own democracy .  The space for civil society – the guardians of the rule of law and fundamental freedoms – is shrinking in more than a few of our participating States, including Russia, Azerbaijan, and Hungary, breeding abuse of power and corruption. We have been appalled by violent anti-Semitic attacks and a rising tide of intolerance across the OSCE region against minorities and other vulnerable populations.  Uzbekistan holds the world’s longest-imprisoned journalist, who languishes alongside of thousands of political prisoners. "Clearly, the challenges for the countries of the OSCE are as great as ever.  We look forward to supporting Serbia’s 2015 chairmanship of the OSCE, which offers an opportunity both for the country and for the organization. As the effective successor to the only country to be suspended from the Helsinki process, Serbia is a concrete example of how a country can turn things around and how the OSCE can contribute. "In particular, we urge Serbia to build on decisions adopted at last week's Basel Ministerial Council on combating anti-Semitism and corruption.  These are challenges faced by virtually every OSCE participating State. We hope that Serbia will move forward with conviction to support these initiatives and to defend and advocate for the Helsinki principles throughout the region." December 10, International Human Rights Day, celebrates the adoption of the Universal Declaration on Human Rights by the UN General Assembly on December 10, 1948.

  • Cardin Lauds Compensation for Holocaust Victims Transported by National Society of French Railways

    WASHINGTON–U.S. Senator Ben Cardin (D-Md.), Chairman of the U.S. Helsinki Commission and a senior member of the Senate Foreign Relations Committee, released the following statement expressing support for the establishment of a fund to compensate victims and surviving family members transported by The National Society of French Railways (SNCF) during the Holocaust. "In March, one of those who survived the war-time deportations, Leo Bretholz of Maryland, passed away. Leo escaped from a train transporting him to almost certain death. He spent the rest of the war fighting the Nazi regime and helping others escape. In his later years, Leo worked with members of the Maryland General Assembly to secure reparations for Holocaust survivors who were transported to the camps on French railways. I take solace in knowing that his already incredible legacy lives on through this agreement. "I applaud the agreement reached between the United States and France to compensate those who survived deportation from France by SNCF but who, as non-nationals of France, were excluded from previous compensation programs.  The agreement shows that the quest to right the wrongs of the past is still ongoing and, most importantly, it is still possible to achieve some measure of justice for those who suffered so terribly. For some people around the world the Holocaust may be history, for those who have survived the horror is still very real. "This settlement is a well-deserved victory for aging survivors and their families across the world.  I commend the Government of France for its efforts to advance responsibility, memory and justice and I hope the French National Assembly will be able to expeditiously ratify this agreement."

  • Cardin Statement on the Senate Intelligence Committee Report on Torture

    WASHINGTON – U.S. Senator Ben Cardin (D-Md.), a senior member of the Senate Foreign Relations Committee and chairman of the U.S. Helsinki Commission, released the following statement in response to the Senate Intelligence Committee’s review of the CIA’s detention and interrogation program: “The United States has a solemn obligation to protect human rights both abroad and at home, as we honor our Constitution and international commitments.  Shortly after taking office, President Obama thankfully ended the CIA’s detention and interrogation programs.  The exhaustive report from the Senate Intelligence Committee documents that the CIA’s enhanced interrogation techniques were not effective and violated international commitments and the core principles of the United States. It also resulted in fabricated information and did not lead to the collection of imminent threat intelligence. Years may have passed by since these egregious activities occurred, but the United States must confront the mistakes that were made as we responded to the devastating 9/11 attacks.  We must put in place mechanisms to ensure that these types of abuses never happen again.  America’s reputation and moral leadership in the world are at stake.  We can and must strive to prevent and disrupt future terrorist attacks while continuing to safeguard the core values and human rights we as a Nation hold dear.”

  • The Tyranny You Haven't Heard Of

    You could call it a stealth North Korea: a country in the same league of repression and isolation as the Hermit Kingdom, but with far less attention paid to its crimes. The country is Uzbekistan, one of the Central Asian nations that emerged out of the wreckage of the Soviet Union in 1991. It has brought some unique touches to the conduct of a dictatorship. When political prisoners have served their full terms, they often have their sentences extended for violations such as improperly peeling carrots in the prison kitchen or failing to sweep their cells correctly. At harvest time, millions of students, teachers and other workers are temporarily enslaved to pick cotton to the profit of the regime. It has been known to boil its prisoners alive. But in most ways, it is a classic, hard-core police state, among the worst in the world. Like Zimbabwe, it has a president who will not go away: Islam Karimov, who assumed power as Communist Party boss in 1989. After a quarter-century, Karimov, 76, appears as ensconced as ever, though Uzbekistan’s GDP per capita of $3,800 puts it 171st in the world. Like China, it had its Tiananmen Square massacre: the shooting of hundreds of unarmed protesters in the city of Andijan in 2005, after which the government ramped up its repression nationwide. And like North Korea, it confines in brutal conditions thousands of political prisoners. How many thousands? Probably not the 80,000 to 120,000 who populate North Korea’s gulag. Human rights groups have offered estimates of 10,000 or 12,000. But, as Human Rights Watch noted in a recent report, no one really knows, because, like North Korea, “Uzbekistan has become virtually closed to independent scrutiny.” Foreign correspondents and human rights monitors generally are not granted visas. No U.N. human rights expert has been allowed in since 2002. Even the International Committee of the Red Cross, which is permitted almost everywhere because it never publicly embarrasses a country, had to pull out of Uzbekistan last year because of interference in its attempted prison visits. Drawing the curtains has helped Uzbekistan avoid scrutiny. But the nation has stayed below the radar for another reason, too: The United States and other Western nations have been reluctant to confront Karimov and his regime. They have needed to ship military supplies through Uzbekistan to reach Afghanistan. And as Russian President Vladi­mir Putin has become increasingly hostile, the West has competed with him for the favor of neighboring nations. Thus the tenor of this White House summary of a telephone call between President Obama and Karimov in 2011, unimaginable if Kim Jong Un had been on the other end of the line: “President Obama congratulated President Karimov on Uzbekistan’s 20 years of independence, and the two leaders pledged to continue working to build broad cooperation between our two countries. The President and President Karimov discussed their shared desire to develop a multi-dimensional relationship between the United States and Uzbekistan, including by strengthening the contacts between American and Uzbek civil societies and private sector.” Never mind that Karimov has virtually eradicated Uzbekistan’s “civil sector.” It’s hard to read of such a phone call without thinking of, say, Muhammad Bekjanov, 60, possibly the world’s longest-imprisoned journalist. Uzbek security agents kidnapped Bekjanov in 1999 in Ukraine, where he was living in exile. He has been beaten, shocked, subjected to temporary suffocation (the “bag of death”) and tortured in other ways. He has contracted tuberculosis, and beatings have cost him most of his teeth and much of his hearing. When his term was set to expire in 2012, he was sentenced to another five years for unspecified “violations of prison rules.” Bekjanov’s crime was to have served as editor of an opposition party newspaper. “There may be legitimate national security concerns that the U.S. needs to engage on,” Sarah Margon, Washington director of Human Rights Watch, told me. “That doesn’t mean you have to shove everything else under the rug.” There are some encouraging signs that Congress, at least, may be lifting a corner of that rug. In October the congressional Helsinki Commission, which is chaired by Sen. Ben Cardin (D-Md.) and co-chaired by Rep. Chris Smith (R-N.J.), held a briefing on political prisoners in Uzbekistan. Last week eight senators, including Foreign Relations Committee chairman Robert Menendez (D-N.J.), sent Karimov a letter urging the release of five prisoners, including Bekjanov. These are small steps, but they shine some light on Uzbekistan’s crimes. Karimov cares about his reputation, his access to Western weaponry and his officials’ freedom to travel to Europe and the United States. If Obama also would take some small steps, it might make a big difference to the inmates of Uzbekistan’s invisible gulag.

  • U.S. Helsinki Commission Marks Five-Year Anniversary of Sergei Magnitsky’s Death

    WASHINGTON—Sunday, November 16 marked the five-year anniversary of the death of Sergei Magnitsky, who was arrested by the Russian government following his investigation into fraud involving Russian tax officials. He died in prison after being held for 11 months without trial.   U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: “It is with sadness and respect that we mark the 5th anniversary of the death of Sergei Magnitsky at the hands of Russian government authorities. During the past five years, the crimes that Sergei first exposed have been further documented.  Despite credible evidence of criminal conduct resulting in Mr. Magnitsky’s death, Russian government officials have failed to bring those responsible to justice. “Perhaps worse, the facts of the case – including misappropriation of Russian tax resources and the ensuing cover-up by Russian government officials – have been distorted, to the extent that the Russian government has posthumously prosecuted the late Mr. Magnitsky for the financial crimes perpetrated by those answerable for his death. “After five years, my outrage at the continuing refusal of Russian leaders’ to confront their own transgressions in the death of Sergei Magnitsky has not abated. Instead, I continue to be amazed at how Russian authorities continue to concoct conspiracy theories attributing blame to others, with tragic consequences: they prohibit their young people from participating in U.S. high school exchange programs, strangle political activity and civic involvement of NGOs, and restrict the media.   “The Russian government has forsaken its obligation to ensure for citizens of the Russian Federation the freedoms of expression, assembly and the right to fair, impartial judicial processes. This rejection has consequences for Russia and its people; for its neighbors, especially Ukraine; and more broadly for us all.   “As we remember Sergei Magnitsky and his sacrifice for justice and transparency in Russia, we and our partners must reaffirm our unwavering support for the international commitments to basic freedoms. The Sergei Magnitsky Rule of Law Accountability Act, enacted in 2012, must continue to be used to demonstrate to the world that the voices of those who seek justice and who speak out about human rights violations are heard and valued by the United States of America.”

  • Annual OSCE Human Rights Meeting Dominated by Russia and Ukraine

    Representatives of governments and civil society from OSCE participating States met in Warsaw, Poland, from September 22 to October 3, 2014 for the annual Human Dimension Implementation Meeting (HDIM).  The meeting was organized by the OSCE office for Democratic Institutions and Human Rights (ODIHR) under the leadership of its newly-appointed Director Michael Link. This year’s annual OSCE human dimension implementation meeting drew 1,225 participants from 53 countries, including 700 NGOs.  There were an unprecedented 82 side events on specific countries or issues.  The session on tolerance and nondiscrimination was the most oversubscribed of the three-hour sessions with 85 people vying for the speaker’s list. Other specific topics for HDIM sessions included violence against women, rights of migrants and right of national minorities. In this issue: About the U.S. HDIM Delegation Russia Takes Propaganda Campaign to Warsaw OSCE Ambassadors Visit Auschwitz Civil Society Speaks Up

  • U.S. Helsinki Commission Welcomes Candidacies of Germany, Austria for Future OSCE Chairs

    WASHINGTON—On November 4, Germany formally announced its candidacy for the 2016 chairmanship of the Organization for Security and Cooperation in Europe (OSCE), followed by Austria, which announced its candidacy for the 2017 chairmanship. In response, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe and Representative Chris Smith (NJ-04), Co-Chairman of the Commission, issued the following joint statement: “We welcome the initiative demonstrated by the German and Austrian governments during a pivotal moment in the history of the OSCE. The leadership of these nations, which have been committed to the Helsinki Process from the very beginning, will be vital. We thank them in advance for their willingness to lead and for their drive to advance the cause of human rights, democracy, and international cooperation among our participating States.” The OSCE Chairmanship rotates annually among the 57 participating States, and is decided by consensus. The post of the Chairperson-in-Office (CiO) is held by the Foreign Minister of the participating State selected to hold the Chairmanship. The CiO is assisted by the previous and succeeding Chairpersons; the three of them together are known as the Troika, which ensures continuity and consistency in the OSCE’s work. Switzerland currently holds the OSCE Chairmanship, and Serbia will assume the OSCE Chairmanship in January 2015.

  • Imprisoned in Uzbekistan: Politically Motivated Cases

    David Killion, chief of staff at the Commission, addressed the limited freedom of expression in the former USSR and the imprisonment of those who speak out against their governments.  Uzbekistan was the focus of the briefing, as it has one of the highest numbers of persons imprisoned on politically motivated charges of any former Soviet country. Human rights activists, journalists, and members of certain religious groups fall victim to restrictive laws and policies that curb basic human rights. He was joined by Steve Swerdlow, Sanjar Umarov, Aygul Bekjan, and Cathy Cosman, who emphasized the consistent reports of widespread abuse and torture in Uzbekistan’s prisons, more than a decade after the United Nations Human Rights Rapporteur on Torture concluded that torture was "systematic" in the country's prisons and detention camps. They referenced the Human Rights Watch report that detailed the cases of 34 of Uzbekistan’s most prominent individuals imprisoned on politically-motivated charges, from poor conduct of trials to mistreatment in prison.

  • Helsinki Commission to Hold Briefing on Politically and Religiously Motivated Imprisonment in Uzbekistan

    WASHINGTON–The United States Helsinki Commission today announced a briefing: “Imprisoned in Uzbekistan: Politically Motivated Cases” Tuesday, October 28, 2014 11:00 a.m. Rayburn House Office Building Room 2200 Uzbekistan has one of the highest numbers of persons imprisoned on politically motivated charges of any former Soviet country. Human rights activists, journalists, and members of certain religious groups fall victim to restrictive laws and policies that curb basic human rights. In addition, there are consistent reports of widespread abuse and torture in Uzbekistan’s prisons, more than a decade after the United Nations Human Rights Rapporteur on Torture concluded that torture was "systematic" in the country's prisons and detention camps. Human Rights Watch has issued a new report detailing the cases of 34 of Uzbekistan’s most prominent individuals imprisoned on politically-motivated charges, from poor conduct of trials to mistreatment in prison. While some governments claim that ensuring stability and fighting extremism are paramount, laws restricting political participation, independent journalism, civil society, and freedom of religion may have the opposite effect. This briefing will discuss the Human Rights Watch report and look at what impact such cases may have in Uzbekistan, as well as hear about the human cost directly from a former prisoner and a family member of a current prisoner. Briefers: Steve Swerdlow, Esq., Human Rights Watch Central Asia Researcher and Director, Bishkek Office Dr. Sanjar Umarov, Former political prisoner Aygul Bekjan, Daughter of imprisoned journalist Muhammad Bekjanov Cathy Cosman, Senior Policy Analyst, United States Commission on International Religious Freedom

  • Statement by Commissioner Representative Mike McIntyre at the OSCE PA Fall Meeting

    OSCE PA Autumn Meeting Session 1: Political and Military Dimension Debate on the Crisis in Ukraine  This Parliamentary Assembly spoke clearly on this matter in the Declaration adopted at the annual session in Baku.  Starting with vicious propaganda and intimidation of journalists, Moscow created this conflict by stoking irrational fears and then reinforcing violence in Ukraine with men and materiel from the Russian Federation. Russia has flagrantly violated international norms and commitments, including all ten core principles of the Helsinki Final Act. This is an attempt to deny a neighboring country and fellow OSCE member of the ability to make its own decisions regarding its own future. Russia has worked actively to suppress Ukraine’s aspirations towards freedom, democracy, and human dignity.  The United States underscores the critical role of the OSCE throughout this tragic conflict which began with the attempted illegal annexation of Crimea. As the largest regional organization in the world, the OSCE has a prominent role in trying to end this war. We have been encouraged by all of the efforts of the OSCE in Ukraine to monitor and work to reduce tensions and foster peace, security, and stability. The OSCE can become a stabilizing presence as to what is, in-fact, happening.  We are increasingly concerned by continued reports of Russian and separatist violations of the ceasefire. We have seen little progress by the Russian Federation or the Russia-backed separatists since these agreements were adopted last month. Russia-backed separatist forces continue to attack Ukrainian positions, including several positions within the agreed exclusion zone area!  Our frank criticism is not, as some might assert, an effort to create a new Cold War environment, but an effort to prevent one. That has been, and will always be, the purpose of our candid debates in the OSCE. Let us fulfill our mission as the OSCE!  We again call on the Russian Federation to implement its part of the agreements fully by immediately withdrawing all Russian military forces and equipment from inside Ukraine and returning control of the international border to Kyiv. That is the bottom line! Russia must respect Ukraine’s sovereignty and territorial integrity by ending both its unlawful activities in eastern Ukraine and its occupation of Crimea.  Why do we have an OSCE if nations will not respect one another’s sovereignty and dignity? The time is now. This is the test! May God grant us wisdom in this decision.

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