Title

Irish Chairmanship of the OSCE

Wednesday, February 08, 2012
11:30am
B-318 Rayburn House Office Building
Washington, DC
United States
Official Transcript: 
Members: 
Name: 
Hon. Christopher Smith
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Benjamin Cardin
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Eamon Gilmore
Title: 
Minister for Foriegn Affairs and Trade, Ireland and Chairperson-in-Office
Body: 
OSCE

Rep. Chris Smith (NJ-04), Eamon Gilmore and others discussed what had transpired in regards to the Organization for Security and Cooperation in Europe (OSCE) while Ireland was at the helm of the organization. This included priorities set by Gilmore involving Internet freedom. Congressman Smith also praised Gilmore for incorporating his experiences in Ireland into his leadership of the OSCE, such as drawing on Ireland’s experience in Northern Ireland’s peace process in reference to protracted conflicts elsewhere in the OSCE region. The hearing attendees went on to discuss the status of the agenda as it related to ODIHR and human dimension meetings.

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  • Minority Faiths Under the Hungarian Religion Law

    By Erika Schlager, Counsel for International Law On April 25, 2017, the European Court on Human Rights announced a judgment in the case of the Hungarian Evangelical Fellowship v. Hungary.  This decision followed a 2014 finding by the Court that Hungary's 2011 law on religion violated the rights to freedom of association and freedom of religion.  In light of the failure of Hungary to end continuing violations, the April judgment awarded the Evangelical Fellowship €3 million in damages.  Religious Discrimination after the 2011 Law The case has its origins in changes made to Hungary’s religion law, which establishes a framework for the registration, or official recognition, of churches.  The law was rushed through parliament in June 2011 in a midnight parliamentary session as part of a massive three-year wave of 700 new laws, a new constitution, and five amendments to the Constitution passed between 2010 and 2013.  The “church law,” as it is known, came into force in 2012 and stripped legal recognition from over 300 previously recognized faiths; only 14 faiths retained their status under the new law.  The law gives the exclusive authority to the elected politicians in the Hungarian parliament to determine what constitutes a church, based on a parliamentary review of a religious community’s faith and rites; bylaws and internal rules; and elected or appointed administrative and representative bodies. The parliament then makes its decision according to a two-thirds vote.  Churches recognized by the parliament are granted a range of financial benefits and other privileges, including the ability to minister to co-religionists in public institutions such as schools, prisons and the military; unregistered faiths are denied these benefits.   Religions that lose their state recognition may have their assets confiscated by the state.  Hungarian Ombudsman Mate Szabo criticized the law when it was adopted and the Constitutional Court has twice struck down parts of the new religion law.  Parliament changed the law to allow unrecognized groups to identify as “churches” (translation:  “you can call yourself whatever you want”), but refused to alter the discriminatory framework that excludes unregistered faiths from the benefit of official status (translation:  “you’ll still have second-class status”).  In other words, there was no meaningful legislative change to address the law’s shortcomings.   The Hungarian Evangelical Fellowship, joined by several smaller groups, including Mennonites, two small reformed Jewish congregations, and a Buddhist congregation, brought the case that was decided by the European Court in 2014.  The European Court held that the “church law” is “inconsistent with the State’s duty of neutrality in religious matters that religious groups had to apply to Parliament to obtain re-registration as churches and that they were treated differently from incorporated churches with regard to material benefits without any objective grounds.”  Damages were awarded to the other religious communities in 2016, but the Hungarian Evangelical Fellowship continued to seek damages in light of continuing violations. In its April 2017 decision, the court awarded €3 million to the Hungarian Evangelical Fellowship.  The damages for discriminatory treatment included the loss of personal income tax donations and the corresponding supplementary State subsidy; the loss of State subsidies intended to support the applicant’s social and educational institutions; the loss of subsidies for religious teaching; and the loss of salary supplements paid to the staff employed by church institutions providing public-interest services. Unfortunately, the Court does not have the authority to compel Hungary to change its religion law and it is up to the Hungarian parliament to take the measures to comply with the ruling.  (The Court may award damages again – and again – in the case of continuing violations.) De-registered churches may be able to get a judgment for damages in Strasbourg, but only Budapest can provide a legal remedy.  The government may be trying to squeeze the Hungarian Evangelical Fellowship out of existence by depriving them of the benefits extended to other faiths and forcing them to devote resources to constantly litigate and re-litigate the same violations.  Smaller churches de-registered after 2011 have already largely been shuttered.  About the Hungarian Evangelical Fellowship The Hungarian Evangelical Fellowship broke from the Hungarian Methodist Church in the mid-1970s over the issue of collaboration with the communist regime. As a faith that would not bend to the communist regime, the Hungarian Evangelical Fellowship was subsequently forced underground and persecuted for engaging in charitable work with the poor at a time when the communist regime was loath to admit that poverty was a serious problem.  After the fall of the communist regime, in 1991 the Hungarian Evangelical Fellowship was officially recognized until stripped of this status under the 2011 law.  The Hungarian Evangelical Fellowship is known for its charitable and humanitarian work, particularly with Romani communities, and runs schools, homeless shelters, and soup kitchens. However, becausethe Hungarian tax authority has refused to issue a tax number to deregistered churches such as the Evangelical Fellowship, it is impossible for them to be designated them as recipients of a 1 percent charitable donation on tax forms.   Related Issues In 2017, the Hungarian Government has also proposed a Russian-style “foreign agents” law, which is currently scheduled for a vote by parliament, possibly on June 13. In recognition of criticism that, among the draft law’s many problems, it would stigmatize groups that receive foreign funding – including support from co-religionists in other countries – the current draft was altered to include a carve-out exception for religious organizations and sports.  If adopted, the law may spur the adoption of copycat laws in the region that might not have the same carve-outs for religious groups.  During a press conference in April, Prime Minister Viktor Orban’s chief of staff Janos Lazar suggested that Hungarian groups that receive foreign funding should be designated with a star.  He later apologized.

  • Commissioner and Special Representative Ben Cardin Counters Anti-Semitism and Promotes Diversity

    When the U.S. funding bill commonly known as the Omnibus passed in May 2017, it included a number of provisions outlining U.S. foreign policy and national security measures.  It also included provisions supporting diversity and human rights in foreign affairs in the face of increased violence and discrimination across the 57 North American and European countries that make up the Organization for Security and Cooperation in Europe. “Continuing anti-migrant and refugee sentiments, anti-Muslim backlash following terrorist attacks, and a surge in anti-Semitic and racist incidents in this country and abroad are just some of the reasons I was compelled to act,” said Helsinki Commission Ranking Senator Ben Cardin (MD), who is also the OSCE Parliamentary Assembly’s first Special Representative on Anti-Semitism, Racism, and Intolerance. “These legislative provisions are just a few recent efforts I have advanced to ensure diverse populations in our country and throughout the OSCE region are afforded the same rights, protections, and opportunities as others that are enshrined in the Helsinki Final Act and numerous OSCE tolerance and non-discrimination commitments,” said Senator Cardin, whose U.S. spending bill provisions include: Increased funding to counter global anti-Semitism. U.S. support for the Organization for Security and Cooperation in Europe (OSCE) to advance new initiatives to counter anti-Semitism, racism, and intolerance. Expansion of the Department of State workforce diversity programs. Prior to the passage of the Omnibus, on April 25 Senator Cardin introduced the National Security Diversity and Inclusion Workforce Act (NSDIWA) of 2017, building on legislation he passed in December 2016 to diversify the State Department and USAID labor force.  “I have championed these equality and anti-discrimination provisions because America’s diversity is one of our greatest assets as a nation, and our government should reflect that reality,” said Senator Cardin. “When America leads with our values on display, whether we are promoting human rights abroad or helping resolve conflicts to help societies heal and move forward, including our own, it should be done with personnel who reflect the entire tapestry of the United States,” Senator Cardin continued. “Inequities and discrimination are not just a U.S. problem.  The hope is that this legislation can also serve as a model for other countries grappling with similar issues from hate crimes to inequality.” Senator Cardin was appointed the OSCE PA's Special Representative on Anti-Semitism, Racism and Intolerance in March 2015. More on his mandate and efforts can be found at http://www.oscepa.org/about-osce-pa/special-representatives/anti-semitism.

  • Helsinki-Related Legislation in the 115th Congress

    Between January 1 and May 15, 2017, U.S. Helsinki Commissioners introduced more than a dozen bills and resolutions on issues relating to the Commission’s mandate to monitor and encourage compliance with the Helsinki Final Act and other commitments undertaken by the 57 participating countries of the Organization for Security and Cooperation in Europe (OSCE). Senator Roger Wicker (MS), the Commission’s Chairman, and Senator Ben Cardin (MD), Ranking Senate Commissioner, have been particularly active.  Representative Chris Smith (NJ), the Commission’s Co-Chairman, and Representative Alcee Hastings (FL), Ranking House Commissioner, have also introduced several pieces of legislation. Other Commissioners, both House and Senate, have contributed to the effort.   The bills and resolutions cover a wide range of issues, from ensuring the Helsinki Principles are defended and promoted in U.S. foreign policy to encouraging improved U.S. implementation of Helsinki commitments at home. Several have been introduced in response to Russia’s threat to its neighbors and European security, while others address broader concerns about developments in Europe and the OSCE Partner countries of the Mediterranean region.    Download the full report to learn more. 

  • Helsinki Commissioners Urge President to Prioritize Democracy, Human Rights in Foreign Policy

    On May 3, Helsinki Chairman Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Helsinki Commissioners Senator Cory Gardner (CO), Senator Marco Rubio (FL), and Senator Thom Tillis (NC) signed a letter encouraging President Trump to prioritize democracy and respect for human rights in the Administration’s foreign policy agenda. The letter reads in part: “America has long been a leader in supporting individual rights. It was more than 240 years ago that the Founding Fathers declared  that all are created equal and endowed with inalienable rights, including life, liberty, and the pursuit of happiness. These principles have successfully formed the backbone of the American experiment in self- government. The rights the Founders recognized are not by any means solely ‘American,’ but rather are universal. Being fortunate to enjoy these freedoms ourselves, we have the moral imperative to promote democracy and human rights across the globe.” The bipartisan letter was also signed by Senator Todd Young (IN), Senator Edward Markey (MA), Senator Bob Menendez (NJ), Senator Susan Collins (ME), Senator Dick Durbin (IL), Senator Patrick Leahy (VT), Senator Christopher Coons (DE), Senator Lisa Murkowski (AK), Senator Cory Booker (NJ), and Senator Jeff Merkley (OR). The full text of the letter can be found below. Dear Mr. President: As you carry out the responsibilities of the Office of the President, we in the Congress stand ready to work with you to ensure that America remains a leader in advocating for democracy and human rights. We urge your administration to make these issues a priority. As you know, America has long been a leader in supporting individual rights.  It was more than 240 years ago that the Founding Fathers declared  that all are created equal and endowed with inalienable rights, including life, liberty, and the pursuit of happiness.  These principles have successfully formed the backbone of the American experiment in self- government. The rights the Founders recognized are not by any means solely “American,” but rather are universal. Being fortunate to enjoy these freedoms ourselves, we have the moral imperative to promote democracy and human rights across the globe.  At a Senate Foreign Relations Committee subcommittee hearing earlier this year titled “Democracy and Human Rights: The Case for U.S. Leadership” human rights activists shared their stories of living under oppressive regimes. They made clear that they believe that the United States has a critical role to play in safeguarding the fundamental rights of all people. A world that is more democratic, respects human rights, and abides by the rule of law strengthens the security, stability, and prosperity of America. History has demonstrated time-and-again that free societies are more likely to be at peace with one another. Constitutional democracies are also less likely to fail and become breeding grounds for instability, terrorism, and migration.  Democratic nations that respect good governance and the rights of their own citizens are also more likely to be economically successful, and to be stable and reliable trade and investment partners for the United States.  Our economic partnerships with Japan, Germany, Taiwan, the Republic of Korea, and numerous other nations’ today stand as testament to the wisdom of far-sighted U.S. policy that seeks to develop good governance and strong democratic institutions as necessary enablers for strong economic partnerships as well. As we have seen over the past decade, there is a creeping authoritarian resurgence across the globe, against which we are the bulwark for individual rights and freedoms.  America, since its founding, has led this fight, not just for the rights of Americans found in the Constitution, but for the rights of all.  By elevating democracy and human rights to a prominent place on your foreign policy agenda you can make a measurable difference and make America safer, more prosperous, and more secure.  There is longstanding and deep bipartisan Congressional commitment to advancing freedom around the world, just as Republican and Democratic administrations for decades have supported democracy and human rights, and we look forward to working with you on this important cause.  We ask that, as you continue to formulate your foreign and defense policies, you put the promotion of democracy and human rights front-and-center as a primary pillar of America’s approach abroad.  As we move forward with the process of holding confirmation hearings for your nominees to key foreign policy positions we will be assessing their commitment to uphold these important American values as they carry out our nation’s foreign policy.

  • A Call to OSCE Commitments in Aftermath of Turkish Referendum

    Mr. President, I rise today to express my concerns about the outcome of the April 16 constitutional referendum in Turkey, when more than 50 million Turkish citizens voted on constitutional amendments to convert Turkey’s parliamentary government into a presidential system.   Turkey is a longstanding friend of the United States and a NATO ally.  Our bilateral partnership dates back to the Cold War when Turkey served as an important bulwark against the creeping influence of the Soviet Union.  Time has not diminished Turkey’s geostrategic importance. Today, Ankara finds itself at the intersection of several critical challenges: the instability in Syria and Iraq, the threat of ISIS and other extremist groups, and the refugee crisis spawned by this regional upheaval.     The United States relies on Turkey and other regional partners to help coordinate and strengthen our collective response.  I was deeply troubled when renegade military units attempted to overthrow Turkey’s democratically elected government last July.  Turkey’s strength is rooted in the democratic legitimacy of its government – a pillar of stability targeted by the reckless and criminal coup attempt.         As Chairman of the Commission on Security and Cooperation in Europe, or U.S. Helsinki Commission, I take very seriously the political commitments made by the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE).  These commitments – held by both the United States and Turkey – represent the foundation of security and cooperation in the OSCE region.  They include an indispensable focus on human rights, rule of law, and democratic institutions.    In the OSCE’s founding document, the Helsinki Final Act, participating States affirm “the universal significance of human rights and fundamental freedoms” and consider respect for these to be an “essential factor” for international peace and security. This vision is consistent with long-established U.S. foreign policy promoting human rights and democracy as cornerstones of a safer, more stable international order.      With these principles in mind, the United States must pay urgent attention to the current situation in Turkey and the danger it poses to Turkish and regional stability.  Eroding respect for fundamental freedoms, rule of law, and democratic institutions in Turkey has proceeded at an alarming pace.  The government’s planned “executive presidency” will further decrease government accountability. Since the attempted coup more than nine months ago, Turkey has operated under a state of emergency that gives the government sweeping authority to curtail rights and silence opponents.  Certain extraordinary measures may have been justified in the immediate aftermath to restore order, investigate events, and bring perpetrators to justice, but the government’s actions have stretched far beyond these legitimate aims.  The ongoing purge has touched every institution of government, sector of society, corner of the country, and shade of opposition – military or civilian, Turk or Kurd, religious or secular, nationalist or leftist, political or non-political.   An atmosphere of fear and uncertainty has settled over Turkish society as more than 100,000 people have been detained or arrested.  Tens of thousands have been fired from their jobs, had their professional licenses revoked, and had their names released on public lists without any recognizable due process.  The government removed and replaced thousands of judges and prosecutors within hours of the coup’s defeat, compromising the independence of the judiciary at a moment when an impartial justice system had become more important than ever. The government has also closed more than 150 media outlets.  Upwards of 80 journalists are behind bars.  The offices of the country’s oldest newspaper were raided, and the paper’s editor-in-chief and other staff were arrested.  The media environment was already under extraordinary pressure before the coup. Last spring, the government seized control of the country’s highest-circulation paper.  Self-censorship is now widely practiced to avoid provoking the government’s ire.   Additionally, state of emergency decrees have given regional governors the ability to curtail freedom of assembly rights, harming the ability of civil society organizations to organize rallies concerning the referendum.  Since July, the government has detained more than a dozen opposition parliamentarians. Many more continue to face criminal charges for political statements they made before the coup attempt.    It is difficult to overstate the chilling effect these measures have had on political debate in Turkey. And yet, these are the circumstances under which Turks voted on April 16.  These major constitutional changes passed with a slim majority of 51 percent.  The OSCE’s international observation mission stated in its preliminary conclusions that the vote “took place on an unlevel playing field” and that “fundamental freedoms essential to a genuinely democratic process were curtailed.”  Under the revised constitution, the once largely ceremonial position of president will convert into an “executive presidency” and the position of prime minister will be abolished.  The president will be elected along with the national assembly every five years and has the ability to dissolve the assembly and call new elections at will.  The president will also appoint a larger proportion — nearly half — of the country’s supreme judicial council.  In a report on these new constitutional provisions, the Venice Commission of the Council of Europe concluded that the amendments are a “step backwards” and pose “dangers of degeneration … towards an authoritarian and personal regime.”    Turkey is undergoing a disturbing transformation, and I am concerned these changes could undermine the strength of our partnership.  President Erdogan’s government has dramatically repressed dissent, purged opponents from every sector of government and society, and is now poised to consolidate power further under his self-described “executive presidency.” In the short term, the Turkish government should act swiftly and transparently to investigate credible claims of voting irregularities in the referendum as well as the legality of a surprise electoral board decision to admit an unknown number of ballots that should be deemed invalid under existing rules.  Public trust in the outcome of such a consequential vote is of utmost importance.  Sadly, until now, the government has responded to these challenges with dismissiveness and suppression.  In the past week, dozens of activists have been detained for participating in protests against the election results. Furthermore, the government should lift the state of emergency, stop all forms of repression against the free press, release all imprisoned journalists and political activists, and urgently restore public confidence in the judiciary.  Only then can it credibly and independently adjudicate the tens of thousands of cases caught up in the government’s months-long dragnet operations. A country where disagreements are suppressed rather than debated is less secure. A country where institutions are subordinated to personalities is less stable.  A country where criticism is conflated with sedition is less democratic.  Unless President Erdogan moves urgently to reverse these trends, I fear our partnership will inevitably become more transactional and less strategic.  It will become more difficult to justify long-term investment in our relationship with Turkey if the future of the country becomes synonymous with the fortunes of one party or one individual. The United States and Turkey need a solid foundation for enduring cooperation to tackle regional instability, terrorism, migration, and other challenges. The future of this partnership is difficult to imagine in the midst of a prolonged state of emergency, wide-scale purges, and weakened democratic institutions.

  • World Press Freedom Day 2017

    By Jordan Warlick, Staff Associate Although freedom of the press is recognized by democracies around the world as an essential and basic human right, emerging reports show that it is globally in decline, even in countries considered strong democracies. The recently published Freedom House 2017 Freedom of the Press Report and Reporters Without Borders’ 2017 World Press Freedom Index both indicate grim trends – Freedom House declares press freedom at its lowest point in 13 years, and Reporters Without Borders describes the “ever darker world map” it has published this year. The OSCE region is not uniform when it comes to freedom of the press. OSCE participating States include some of the freest nations in the world, like Norway and the Netherlands, alongside some of the least free nations, like Azerbaijan and Turkey. The worst-performing region in the aforementioned Freedom House report is Eurasia, while the best-performing is Europe, both of which are largely encompassed in the OSCE region. The central problems of media freedom are also varied between countries, from violence, intimidation, and incarceration of journalists; to emerging contempt for the media among politicians; to media outlet ownership and transparency issues. While some countries require more attention and monitoring than others, any conditions that impede on press freedom or that are considered harmful for journalists deserve attention. The OSCE Representative on Freedom of the Media was an office created in 1997 to do just that: monitor and assist participating States with compliance commitments on freedom of expression and free media. The most recent OSCE Representative on Freedom of the Media, Dunja Mijatović, was a fierce advocate for the rights of journalists across the OSCE. The OSCE participating States currently are in the process of selecting her successor, an appointment that requires consensus among the 57 OSCE participating States.  This office’s function as a watchdog for violations and deteriorating conditions for media has been critical to bringing attention to issues and cases that may otherwise go unnoticed. Still, undemocratic regimes, changing political tides in the region, and the evolving landscape of journalism present ongoing challenges. Over the last week alone, the Helsinki Commission has held three different events where media freedom has been an important topic of discussion: a hearing on human rights abuses in Russia; a briefing on Russian human rights violations of Ukrainian citizens; and a briefing on human rights in Turkey after its referendum on changes to the constitution.  At the hearing on human rights in Russia, each witness brought attention to the Kremlin’s control of the media and persecution of independent journalists. The briefing on Russian human rights violations against Ukrainian citizens focused on the incarceration of filmmaker Oleg Sentsov, but highlighted other cases of imprisoned journalists such as Roman Sushchenko of Ukrinform News and Mykola Semena, a contributor to Radio Free Europe. On Turkey, Freedom House panelist Nate Schenkkan described the severe restrictions on access to information and underscored Turkey’s status as the number one jailer of journalists in the world. If there is any hope for the future of press freedom in these countries where media is especially unfree, it is in the passion and talent of journalists who are committed to holding their governments accountable despite the risks. It is vital that the United States continue to be an exemplar of and advocate for freedom of the press, enshrined by our founders in the First Amendment in recognition of its importance for democracy, for other countries around the world.

  • Turkey Post-Referendum: Institutions and Human Rights

    Human rights abuses by the Turkish government have proliferated under the state-sanctioned emergency measures imposed in the aftermath of the July 2016 failed coup attempt.  Turkish authorities have fired as many as 130,000 public workers, including teachers, academics, police officers, and soldiers, and thousands have been arrested. Hundreds of journalists have had their credentials revoked and dozens of media outlets have been shut down. Human rights groups have documented widespread reports of intimidation, ill-treatment and torture of those in police custody. On April 16, 2017, Turkey held a referendum on a package of amendments that transforms the country’s institutions in major ways. The position of prime minister was eliminated and the executive powers of the president were expanded, enabling him to appoint ministers without parliamentary approval, exert more influence over the judiciary, and call early elections. Coming on top of the post-coup crackdown, how will Turkey’s changing institutions affect human rights in the country? Panelists at the briefing discussed how U.S. policymakers can most effectively encourage the protection of human rights to promote the interests of the Turkish people given the strategic importance of the U.S.-Turkey bilateral relationship.

  • Political Prisoners in Russia

    Principle VII of the 1975 Helsinki Final Act recognizes the right of individuals to know and act upon their human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief, without distinction as to race, sex, language or religion. The following individuals who were profiled in the Helsinki Commission's April 2017 hearing, "Democracy & Human Rights Abuses in Russia: No End in Sight," illustrate the many cases of political prisoners in Russia today. Dmitry Buchenkov – Buchenkov was charged under Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”) for his participation in the 2012 Bolotnaya Square protests against fraud in the 2011 presidential elections. He was arrested in December 2015 and is currently under house arrest.  He is recognized by Memorial as a political prisoner not only because the alleged offense did not take place, but also due to the lack of a fair trial and the disproportionate use of pretrial detention in light of the charge against him. His case illustrates the prosecution of individuals for engaging in nonviolent public protest against the government in general and the Bolotnaya Square cases in particular. Oleg Navalny – Navalny was charged under Article 159 (“swindling on a large scale”), article 159.4 (“swindling on a particularly large scale in the entrepreneurial sphere”), and article 174.1.a (laundering of funds on a large scale acquired by a person through a crime committed by him”).  He was sentenced to 3 ½ years in a closed proceeding, Memorial considers him a political prisoner because the alleged offense did not take place and he was not given a fair trial. In reality, Oleg Navalny was targeted because he is the brother of prominent political activist Alexei Navalny.  It appears the authorities are unwilling to make a martyr out of Alexei Navalny but seek to exert pressure on him by persecuting his brother. Oleg Navalny’s case illustrates the willingness of the government to target family members as a means of exerting pressure on political activists, which is specifically prohibited under the OSCE 1989 Vienna Concluding Document. Darya Polyudova – Polyudova was charged under article 280 of the Russian criminal code (“public appeals for extremist activity” and “public appeals for actions aimed at a violation of the territorial integrity of the Russian Federation”) in connection with her participation in preparation for a march that did not take place.  In reality, she was indicted for criticizing Moscow online for its support of Russia-backed separatists in Ukraine's east.  She is recognized as a political prisoner because the offense did not take place, her right to a fair trial was violated, and the government disproportionately used pretrial detention given the nature of the charges.  She was sentenced to two years in prison, becoming the first person in Russia convicted under a 2014 law criminalizing calls for separatism on the Internet. Her case illustrates the government’s prosecution of Russian nationals who criticize Russia’s actions and policies in Ukraine. Sergei Udaltsov – Udaltsov was charged under Article 30 of the Russian criminal code (“preparation of actions aimed at organizing mass riots”) and Article 212 (“organization of mass riots”) after participating in the Bolotnaya Square protests. He has been arrested multiple times before for protesting against the government. Memorial recognizes him as a political prisoner on the grounds that he was charged with an offense that did not take place; his right to a fair trial was violated; and the government disproportionately used pretrial detention. He was sentenced to four years and six months in prison. Ivan Nepomniashchikh – Nepomniashchikh was charged with Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”). He is recognized as a political prisoner on the grounds that he is being prosecuted for exercising his right to freedom of assembly; he is being charged with an offense that did not take place; he was not allowed a fair trial;  and the government disproportionately used pretrial detention. He is another example of those being prosecuted for participating in the Bolotnaya Square protests against the 2011 fraud in the presidential election. Alexei Pichugin – Pichugin was charged under Article 162 of the Russian criminal code (“robbery”) and Article 105 (“murder”). At a closed trial, Pichugin, the former head of internal economic security for the Yukos Company then headed by Mikhail Khodorkovsky, was sentenced to life imprisonment in a special-regime penal colony. He has been in prison since 2003 and is recognized as a political prisoner on the grounds that his prosecution was conducted without a fair trial.  The European Court on Human Rights also has held that Pichugin was denied a fair trial.   Oleg Sentsov – Senstov is a Ukrainian filmmaker imprisoned in Russia since 2015, and was the focus of a separate Helsinki Commission briefing. Sentsov was arrested in the Russian-occupied Crimean territory of Ukraine and charged under Article 205.4 of the Russian criminal code (“organization of a terrorist group”), Article 205 (“terrorist act committed by an organized group”), Article 30 in connection with Article 205 (“preparation of a terrorist act”), Article 30 in connection with Article 222 (“attempted illegal acquisition of firearms and explosive devices”), and Article 222 (“illegal acquisition and storage of far arms and explosive devices”).  He was accused of planning an attack on a monument to Lenin, a charge he denies. He was sentenced in a Russian military court to 20 years in a strict regime penal colony for terrorism. Other Illustrative Cases Alexander Kolchenko – Kolchenko, a Crimean activist, was charged under article 205 of Russia’s criminal code (art. 205.4 part 2: "Participation in a terrorist organization," and art. 205, paragraph "a," part 2: "A terrorist act conducted by a terrorist group"). He refuted the accusations of terrorism. Mr. Kolchenko was detained in May 2014, in Simferopol, Crimea, shortly after Russia took control over the peninsula. On August 25, 2016, the North Caucasus District Military Court of Russia sentenced Mr. Kolchenko to 10 years of imprisonment in a strict-regime colony. He is serving his sentence in the Chelyabinsk Oblast, in the city of Kopeysk, a facility notorious for its poor treatment of convicts. Mr. Kolchenko is recognized as a political prisoner by Russia’s Memorial watchdog group. Mykola Semena (under a travel ban) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care. Roman Sushchenko (in pre-trial detention) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko. Memorial, a Russian organization established to report on the crimes of Stalinism, documents cases of political prisoners as well as cases of those persecuted for their faith.This information was compiled by Helsinki Commission staff from Memorial, the U.S. Department of State Country Report on Human Rights Practices, and news sources. The U.S. Commission on International Religious Freedom also tracks cases of individuals imprisoned in connection with their faith.

  • How the State of Russian Media Becomes the State of International Media

    It was a bad week for reports on freedom of the media in Russia. On Wednesday, Reporters Without Borders released its 2017 world press freedom index. Russia came in at 148, after such bastions of independent media as South Sudan and Thailand. On Thursday, a Ukrainian human rights delegation briefed the Helsinki Commission on the case of Oleg Sentsov — a Ukrainian filmmaker imprisoned in a Siberian penal colony for his opposition to the annexation of Crimea — and abuses of Ukrainian journalists and creative professionals more broadly. On Friday, Freedom House unveiled its Freedom of the Press 2017 report. That report gives Russia partial credit for the world’s 13-year low in press freedom. “Vladimir Putin’s regime in Russia has been a trailblazer in globalizing state propaganda. It continues to leverage pro-Kremlin reporting around the world,” the report states. The three taken in tandem tell a story — one in which violence against journalists in Russia and the region is connected to violence against journalism around the world. Consider the case of Oleg Sentsov. In 2015, Sentsov was sentenced to 20 years in prison for planning terrorist attacks in Crimea. In his trial, he said he had been tortured. The international human rights community believes this to have been payback for the filmmaker’s outspoken stance against the annexation of Crimea (it is also worth noting that Russia treated Sentsov, a Ukrainian, as though he were a Russian citizen; after the annexation of Crimea, Russia considered all who did not explicitly apply for Ukrainian citizenship to be Russian, to which Sentsov objected in court by saying, “I am not a serf to be transferred with the land”). Russian-backed media reported it as a terrorism case. And so the case contains both the physical threat that looms over journalists and creative types who fail to parrot the party line and also the threat that Russian state-backed media can pose to understanding in the wider world. “Many people perceive [Russian state-backed media] not as propaganda, but as an alternative point of view,” Natalya Kaplan, Sentsov’s cousin, told Foreign Policy in an interview before heading to the Helsinki Commission briefing. “They tend to trust what Russian propaganda says.” In the case of Sentsov, that means some outside of Russia (to say nothing of those in it) thought he was neither filmmaker nor terrorist, but some combination of the two. Americans can no longer tell the difference between actual fake news and fake fake news, Ukrainian PEN member Halya Coynash told FP. “The thing is that you really think the media and information you get from Russian media, it is media. Which is wrong. We have state media, and state media are part of [the] strategy of [the state],” said Mustafa Nayyem, journalist turned Ukrainian member of parliament. Alternative facts are not facts, and false equivalences are not equivalent. But consumers of Russian state-backed media around the globe can be duped into treating them as such, Nayyem said. He argued Russia presents reality and a bold-faced lie as though they are but two different perspectives, the truth of which lies somewhere in the middle, for viewers to decide for themselves. “We know that [Sentsov] never was involved in some attacks, or in some revolution, in terroristic things. He’s a filmmaker, and his movies are recognized internationally. The lie is that this guy was a terrorist, and no one even tried to understand the basis of this [accusation] … There is guy: a filmmaker, and a terrorist. What is true? They think that maybe he’s some filmmaker-terrorist. It’s insane.” Nayyem ardently believes those who want to protect freedom of media and speech need to build up conventions regulating what are accepted as media outlets and news. But there’s a thin line between banning propaganda and furthering censorship and repression. Russia’s independent Dozhd (TV Rain), for example, was recently banned in Ukraine for reporting that Crimea is part of Russia. “Recent democratic gains have bolstered media freedom overall,” the Freedom House report states, “but restrictions on Russian outlets and attempts to foster ‘patriotic’ reporting raise questions about the government’s commitment to media autonomy.” And besides, even Ukrainians, more prepared for Russian media influence than their western counterparts, are not entirely immune. “The Russian media are much better funded” than their Ukrainian counterparts, Kaplan said, and it takes time and resources to counter reports put out by the Russian state-backed media machine. “Even my Ukrainian friends who live in Kiev, after watching two hours of Russian TV, start to question themselves. ‘Am I a fascist?’” Kaplan does not, at present, see much reason for optimism. While it was a bad week for reports on the state of Russian media, it was inevitably a much worse week for those trying to correct or improve it. “Journalism in Russia is dead. It happened quite a while ago,” Kaplan said. “There are small islands of freedom of speech in Russia,” she said, but they aren’t on TV, and they aren’t available to those who don’t know how to access certain sites. Besides, she said, the sophisticated propaganda machine will figure out how to move onto the internet, too. “Russian journalists face the biggest challenge. Their job is simply to survive.” Hanging in the air is the idea that, at present, surviving is actually journalism’s job, too.

  • Oleg Sentsov and Russia's Human Rights Violations against Ukrainian Citizens

    On April 27, the U.S. Helsinki Commission held a briefing focusing on human rights violations against Ukrainian citizens. In particular, this hearing was used as a platform to raise awareness for Oleg Sentsov, a political prisoner being held in Siberia. Sentsov was honored by PEN America this year with their 2017 Freedom to Write award for his work exposing Russian human rights violations. Panelist included Natalya Kaplan, cousin of Oleg Sentsov and campaigner for his freedom, and journalist in Kiev; Mustafa Nayyem, Member of Ukrainian Parliament and former journalist and early organizer of the 2013 Euromaidan protests; and Halya Coynash, spokesperson for Kharkiv Human Rights Protection Group. The panelists provided much context and background detailing Sentsov and others’ cases. Natalya Kaplan spoke to the audience about the terrible conditions her cousin faces in Siberia, including torture, while Mustafa Nayyem spoke about the need to pressure Russia publically to end these human rights abuses. Halya Coynash reminded the audience of the severity of this case by highlighting that Sentsov was the first Ukrainian to be so brazenly imprisoned after the Russian occupation of Crimea; in her eyes, this was the first time the full force of Russian government had been used to fabricate charges and host a show trial against a Ukrainian. The panelists agreed that the media freedom situation in Russian-occupied territory is dire and only growing worse. Of greatest concern was the length to which Russia is willing to go in their efforts to arrest and prosecute journalists. Russia also sets a dangerous precedent with its recent attempts to foist Russian citizenship onto Ukrainians in Crimea, in efforts to undermine international court rulings and give legitimacy to its actions. When it comes to monitoring the human rights situation in Ukraine, the panelists expressed concerns with the lack of access to political prisoners and the inability to target individual Russians involved in creating the sham trials. The panelists believed that the ability to target individuals involved in these trials would be extremely helpful in de-escalating the situation, and they made many references to the Magnitsky Human Rights Accountability Act. Overwhelmingly, the response to these issues was a desire to work with Congress to strengthen and update the Magnistky Act, as well as broaden civil society and NGO engagment. Mustafa Nayyem expressed hope that NGOs, such as PEN America, would play a more pivotal role in helping prevent future repression. News articles following the briefing expressed hope that there would be work within Congress to better address issues involving Ukrainian political prisoners.

  • Helsinki Commission Calls for Proclamation Recognizing Importance of Helsinki Final Act

    WASHINGTON—Helsinki Commission Chairman Senator Roger Wicker (MS) today introduced a bipartisan Senate resolution urging President Trump to recognize the importance of the Helsinki Final Act –  the founding document of today’s Organization for Security and Cooperation in Europe (OSCE) – and its relevance to American national security.  The resolution was cosponsored by all other Senators currently serving on the Helsinki Commission: Sen. Ben Cardin (MD), Sen. John Boozman (AR), Sen. Cory Gardner (CO), Sen. Marco Rubio (FL), Sen. Jeanne Shaheen (NH), Sen. Thom Tillis (NC), Sen. Tom Udall (NM), and Sen. Sheldon Whitehouse (RI). “Peace and prosperity in the OSCE region rest on a respect for human rights and the preservation of fundamental freedoms, democratic principles, and economic liberty. Unfortunately, the commitment to these ideals by some OSCE participating States is eroding,” Chairman Wicker said. “The shrinking space for civil society in many nations has become reminiscent of the Communist era – a time when many Helsinki Monitoring Groups were violently persecuted for their courageous support of basic human rights,” he continued. “With its actions in Ukraine and Georgia, the Russian Federation in particular has demonstrated how closely such internal repression can be tied to external aggression.  We were reminded of these abuses in this morning’s Helsinki Commission hearing. I urge the President to make it clear that Helsinki principles are vital not only to American national interests but also to the security of the OSCE region as a whole.” “What was remarkable about the Helsinki Final Act was the commitment that these standards we agreed to would not only be of internal interest to the member country, but that any country signatory to the Helsinki Final Act could challenge the actions of any other country,” said Ranking Commissioner Cardin, who is also Ranking Member of the Senate Foreign Relations Committee. “We have not only the right but the responsibility to call out countries that fail to adhere to the basic principles that were agreed to in 1975.” Defining security in a uniquely comprehensive manner, the Helsinki Final Act contains 10 principles guiding inter-state relations, among them respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion, or belief (Principle VII). Other principles include respect for sovereign equality (Principle I), the territorial integrity of states (Principle IV), and states’ fulfilment in good faith of their obligations under international law (Principle X). S.Con.Res.13 encourages President Trump to reaffirm America’s commitment to the principles and implementation of the Helsinki Final Act. The resolution also calls on the President to urge other participating States to respect their OSCE commitments and to condemn the Russian Federation's clear, gross, and uncorrected violations of all 10 core OSCE principles enshrined in the Helsinki Final Act.

  • Democracy & Human Rights Abuses in Russia: No End in Sight

    The U.S Helsinki Commission held a hearing on Wednesday on “Democracy and Human Rights Abuses in Russia: No End in Sight.”  It was the first hearing in the 115th Congress focused on internal human rights repression in Russia. Vladimir Kara-Murza, vice-chairman of pro-reform movement Open Russia; Rachel Denber, Deputy Director of the Europe and Central Asia Division at Human Rights Watch; and Dr. Daniel Calingaert, Executive Vice President of Freedom House, testified about the crisis of Russian democracy and the country’s worsening human rights record under President Vladimir Putin. In his opening statement, Mr. Kara-Murza underscored the necessity for the OSCE participating States to give an honest assessment about what is happening in Russia, where the number of political prisoners now exceeds a hundred people (a number that has doubled in less than a year). Mr. Kara-Murza, a vocal critic of the Kremlin who has survived two poisoning attempts, estimated that more than 30 activists have been murdered by the Putin regime since Vladimir Putin assumed power in 2000. He also called for an end to impunity for human rights violations in Russia. “The U.S. does have a mechanism for such accountability in the Magnitsky Act that provides for targeted sanctions on human rights abusers. This law should continue to be implemented to its full extent,” Mr. Kara-Murza said. His concerns were echoed by Human Rights Watch’s Rachel Denber, who noted that today, “Russia is more repressive that it has ever been in the post-Soviet era.” At Chairman Wicker’s request, Ms. Denber provided detailed information about each of the Russian political prisoners who were featured on posters in the room, and also spoke at length about the repression of gay men in Chechnya. Dr. Daniel Calingaert of Freedom House highlighted the fact that Mr. Putin was the primary author of the modern authoritarian’s playbook, which has subsequently been replicated by many autocratic rulers in the region.  “His methods for suppressing civil society and political opposition have inspired other dictators, and his media manipulation has impacted most of Eurasia directly and extended to Europe and the United States,” Dr. Calingaert said. However, despite the grim situation, Mr. Kara-Murza voiced some optimism about the future. “Increasingly, the young generation in Russia – the very generation that grew up under Vladimir Putin – is demanding respect and accountability from those in power,” he said. Mr. Kara-Murza pointed to a wave of anti-corruption demonstrations that took place in dozens of cities across Russia in late March, with tens of thousands of people, mostly young protesters, taking out to the streets to demand the resignation of Prime Minister Dimitriy Medvedev. “This movement will continue. And these growing demands for accountability are the best guarantee that Russia will one day become a country where citizens can exercise the rights and freedoms to which they are entitled,” he added.  

  • Death of OSCE Monitor in Eastern Ukraine

    Mr. President, I was saddened to learn that an American member of the OSCE Special Monitoring Mission to Ukraine was killed this past weekend by a landmine. Joseph Stone was carrying out his dutiesin territory controlled by Russian-backed separatists. Two other members of the team—one from the Czech Republic and another from Germany—were injured. The Organization for Security and Cooperation in Europe controls these monitoring teams. They are comprised of unarmed civilians. The mission has been in the region since 2014, when, unfortunately, Russian-backed troops invaded Crimea. Had Russia lived up to the Minsk agreements and ceased supporting, directing, funding, and fueling separatists in this region, there would have been no need for the mission to continue. Sadly, that is not the case. This particular special monitoring mission currently fields roughly 700 monitors, with 600 of them in Donetsk and Luhansk. Those who are part of this mission are unarmed civilians. They serve as the eyes and ears for the world in the conflict zone. They report on the near-constant violations of the cease-fire, as well as reporting on humanitarian needs of the population. They play an essential role in the understanding of the situation on the ground, often under extremely difficult circumstances and, certainly, as we have seen with Joseph Stone, dangerous circumstances. As a member of the Armed Services Committee, I often hear from our top military leaders about the importance of the OSCE and the work being done by the special monitoring missions. In late March, for example, during a hearing of the Armed Services Committee, General Curtis M. Scaparrotti, commander of the U.S. European Command and Supreme Allied Commander in Europe, called attention to the good work of OSCE in the region and the work of the monitoring missions. He confirmed in his testimony that ‘‘Russia is directing combined Russian-separatist forces to target civilian infrastructure and threaten and intimidate OSCE monitors in order to turn up the pressure on Ukraine.’’ He also said, ‘‘Russian-led separatist forces continue to commit the majority of ceasefire violations despite attempts by the OSCE to broker a lasting ceasefire along the Line of Contact.’’ The tragic death of American Joseph Stone underscores the need for the OSCE monitors to have unfettered access across the front lines and across the border regions controlled by the separatists. This unfortunate tragedy is a result of this access not being granted. I commend the Austrian Foreign Minister, who serves as OSCE chair-in-office, for calling attention to this tragedy and calling for an immediate investigation into these events. Those who are responsible for the death of Joseph Stone and the injury of the two other monitors should be held accountable. Joseph Stone died serving his country by serving as a part of this international effort, and I extend my condolences this evening to his family and friends. I once again call on the Russian leadership to put an end to the cycle of violence and to live up to its OSCE commitments. As chairman of the Helsinki Commission, the U.S. part of the OSCE Parliamentary Assembly, I think it is important for Members of the Senate and for Americans to understand the important role that Americans are playing in this effort.

  • Helsinki Commission To Hold Briefing on Russia’s Human Rights Violations against Ukrainian Citizens

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the following briefing: OLEG SENTSOV AND RUSSIA’S HUMAN RIGHTS VIOLATIONS AGAINST UKRAINIAN CITIZENS Thursday, April 27, 2017 3:00 PM Senate Visitors Center (SVC) Room 210 In May 2014, Ukrainian filmmaker Oleg Sentsov – an outspoken opponent of Russia’s takeover of his native Crimea – disappeared from his hometown of Simferopol only to resurface in Russian custody in Moscow. Convicted on charges of terrorism that the human rights community has condemned as fabricated, Sentsov is now serving a 20-year sentence in a Siberian penal colony. His case not only stands as a marker for Russia’s reach in silencing dissent abroad, but also illuminates broader issues of Russia’s illegal occupation of Crimea and Eastern Ukraine, and human rights violations against Ukrainian citizens. The Helsinki Commission briefing will present three perspectives on this disturbing situation and its broader context: from Sentsov’s cousin and chief champion; from a human rights defender investigating cases in the region; and from a member of the Ukrainian parliament. The following panelists are scheduled to participate: Natalya Kaplan, cousin of Oleg Sentsov and journalist in Kiev Mustafa Nayyem, Member of Ukrainian Parliament; former journalist and early organizer of the 2013 Euromaidan protests Halya Coynash, Spokesperson, Kharkiv Human Rights Protection Group

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