Title

Justice In The International Extradition System, The Case Of George Wright And Beyond

Wednesday, July 11, 2012
United States
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: 
R.J. Gallagher
Title: 
Retired Special Agent
Body: 
FBI
Name: 
Jonathan Winer
Title: 
Senior Director, APCO Worldwide
Body: 
Former U.S. Deputy Assistant Secretary of State for International Law Enforcement
Name: 
Ann Patterson
Title: 
Daughter
Body: 
Walter Patterson

This briefing discussed the case of George Wright.  In 1963, Wright was implicated in the robbery of a gas station, during which he fatally beat and shot a man named Walter Patterson (a veteran of World War II and a Bronze Star recipient). Wright was sentenced to prison, but escaped to Algeria in the middle of his stay at Leesburg State Prison.

41 years later, Wright was discovered in Portugal. In spite of the U.S.’s and Portugal’s firm commitment regarding extradition, a court in Portugal inexplicably refused to extradite Wright. This hearing’s goal was to scrutinize what transpired in this case and what could be achieved in order to bring Wright to justice, raising the broader question about the international extradition system.

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  • Helsinki Commission Briefing to Examine Swiss Enabling of Russian Oligarchs

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: RUSSIA’S SWISS ENABLERS Thursday, May 5, 2022 10:00 a.m. Register: https://ushr.webex.com/ushr/j.php?RGID=r72f85e0c40a09b609b328a9481f54063 Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and his cronies. After looting Russia, Putin and his oligarchs use Swiss secrecy laws to hide and protect the proceeds of their crimes. Close relations between Swiss and Russian authorities have had a corrupting influence on law enforcement personnel in Switzerland and have led to the resignation of numerous officials, including the head prosecutor of Switzerland. A recent Organized Crime and Corruption Reporting Project investigation found that Credit Suisse catered to dozens of criminals, dictators, intelligence officials, sanctioned parties, and political actors, and identified problematic accounts holding more than $8 billion in assets. According to the Financial Times, Credit Suisse also asked investors to destroy documents linked to yacht loans made to oligarchs and tycoons. This briefing will examine the relationship between Switzerland and Russia in light of Putin’s full-scale invasion of Ukraine. Panelists will discuss how a compromised Switzerland affects U.S. national security and whether the United States should rethink its strategic bilateral relationship with Switzerland. The following panelists are scheduled to participate: Bill Browder, Head, Global Magnitsky Justice Campaign Miranda Patrucic, Deputy Editor in Chief, Regional and Central Asia, Organized Crime and Corruption Reporting Project Mark Pieth, President of the Board, Basel Institute on Governance  

  • Helsinki Commission Digital Digest April 2022

  • Following in the Footsteps of Tsar Nicholas II

    As Vladimir Putin attempts to turn back the clock to the Russian Empire of the pre-Soviet era, he also adopts a tool of political manipulation used in Imperial Russia—fostering violent extremist organizations as a means to a political end. Tsar Nicholas II used this technique with terrorist organizations like the Union of the Russian People and the Black Hundreds, and Putin follows his example today with the Russian Imperial Movement and Imperial Legion. The Russian Imperial Movement Putin advances his political agenda by allowing the Russian Imperial Movement (RIM)—a white supremacist extremist organization based in St. Petersburg—to freely exist and operate in Russia and beyond. RIM holds ultranationalist and monarchist views and believes in two pillars of authority: the political power of the tsar and the spiritual power of the Russian Orthodox Church. The U.S. State Department labeled RIM a Specially Designated Global Terrorist entity in April of 2020, making them the first white supremacist extremist organization to receive the title. RIM received the designation due, in part, to their paramilitary training course, Partizan. The course—ostensibly teaching survival skills, marksmanship, and hand-to-hand combat—functions as RIM’s citizen-to-terrorist pipeline. Attendees have gone on to join RIM’s paramilitary unit, the Imperial Legion, and fight alongside pro-Russian separatists in Ukraine. And Russians are not the only ones enrolling. In 2016, two members of Sweden’s largest neo-Nazi organization, the Nordic Resistance Movement, bombed a café and a migrant center and attempted to bomb a refugee center in Gothenburg, Sweden. The subsequent investigation discovered that the bombers were trained at Partizan. RIM has attempted to broaden its network beyond Europe. American neo-Nazi Matthew Heimbach, former head of the Traditionalist Workers Party, met with RIM representatives, and RIM offered paramilitary training to organizers of the 2017 “Unite the Right” rally in Charlottesville, Virginia. There are also reports that members of the Imperial Legion fought in conflict areas in Syria and Libya. The Russian Imperial Movement is vocally anti-Putin, decrying him and his regime. Despite this criticism and RIM’s monarchist beliefs, Putin has been lenient toward the group and allows it to operate as long as its attention remains turned away from domestic politics. Though reinstatement of a tsar remains a foundational pillar of RIM’s doctrine, it is not their main selling point. Dr. Anna Kruglova, a lecturer in Terrorism Studies at the University of Salford, finds RIM’s large web following surprising “since the group has a relatively narrow agenda—monarchist ideas are not particularly popular in Russia as only 8 percent of Russian people would want monarchy restored, according to one poll.” RIM’s appeal for potential members and Putin himself lies in its vicious ethno-nationalism. RIM demands that Russia maintain influence over all territories where ethnic Russians reside, particularly in Ukraine. For instance, Partizan-trained Russians fought alongside pro-Russian separatists in Ukraine in 2014 as members of the Imperial Legion. In the words of Denis Gariev, an instructor at Partizan, “We see Ukrainian-ness as rabies. A person is sick. Either quarantine, liquidation, or he’ll infect everyone.” Putin also values RIM as a tool to sow discord in the West. RIM supports and collaborates with other white supremacist extremist organizations, even in the United States, and trains individuals like the Swedish NRM bombers. RIM is convenient for Putin: it poses no real threat as a monarchist organization yet benefits his attempts to colonize Ukraine and destabilize the West. The Union of the Russian People The Union of the Russian People (Soyuz russkovo naroda, or SRN) was a right-wing, fanatically anti-Semitic political movement active in the 1900s. They came to prominence in the wake of the Russo-Japanese war. After the Russian Empire’s devastating defeat, there was such discontent and domestic unrest that strikes and mutinies flooded the empire, forcing Tsar Nicholas II to enact constitutional reforms. This moment, known as the 1905 Revolution, left the Russian Empire shaken and greatly polarized. Fears that the imperial system would collapse led to a rise in reactionary extreme right-wing ideologies and groups, one of which was SRN. Members of SRN and its paramilitary branch, the Black Hundred, were fervent monarchists and bore the colors of the Romanov family—the reigning imperial dynasty in Russia from 1613 to 1917—as their insignia. They also had deep ideological connections with the Russian Orthodox Church and identified Jews as the source of all evil in Russia. From 1905 to 1906, the Black Hundred carried out relentless pogroms, killing hundreds of Jews across the Russian Empire. The ruling class at the time held mixed opinions on SRN, ranging from hesitance to fanaticism. Lower-ranking officials viewed the Black Hundred’s pogroms as a convenient way to keep Jewish and ethnic minority populations in their place. The tsar called them a “shining example of justice and order to all men.” SRN was a convenient political tool for the tsar. Tsar Nicholas II believed anti-Semitism united people behind the government, and that Jewish capitalism and Jewish socialism were revolutionary forces that threatened his regime. In this way, SRN and the Black Hundred, while too radical for many members of the Duma and the public, served the tsar’s political interests. Utilizing extremism as a political weapon is not a new tool in Russia’s repertoire. As Putin harkens back to a grand Imperial history and conducts brutal military invasions into former Soviet states, like Ukraine, and political invasions of others, like Belarus, he demands comparison to the power-grasping techniques of the past. As Tsar Nicholas II’s grip on power loosened with civil unrest in the Russian Empire, he supported extremism to preserve his regime. Putin repeats this pattern today as he lets the Russian Imperial Movement and the Imperial Legion train neo-Nazis to wreak havoc and terror in the West.

  • Biden administration urged to ban UK lawyers who ‘enabled’ oligarchs

    A member of Congress has urged the Biden administration to place travel bans on senior British lawyers that acted for wealthy Russian clients against investigative journalists. Steve Cohen, a Democratic representative from Tennessee, has written to Antony Blinken, the US secretary of state, urging him to sanction the lawyers for having “enabled malign activities of Russian oligarchs”. His letter comes as the Biden administration looks to increase its support for Ukraine in its war against Russia and tighten sanctions against those who have supported the Russian regime. Cohen wrote: “Oligarchs who hire lawyers to engage in abusive cases against journalists to silence them cannot exert malign influence in our system . . . the United States must establish deterrents for foreign enablers serving individuals who are undermining democracy.” The state department did not respond to a request for comment. Cohen singled out several lawyers he believed should be subject to bans on visas for travel to the US: Nigel Tait of Carter-Ruck; John Kelly of Harbottle & Lewis; barrister Hugh Tomlinson; Geraldine Proudler of CMS; Keith Schilling of Schillings; and Shlomo Rechtschaffen of SR law. Each of the lawyers is well known in London legal circles, with firms like Carter-Ruck and Schillings having established strong reputations in defamation law and reputation management. Tait, Kelly, Tomlinson and Proudler all worked on recent cases against the former Financial Times journalist Catherine Belton or her publisher HarperCollins, or both. Belton and HarperCollins were sued last year by several Russian oligarchs including Roman Abramovich over her book Putin’s People, which details the rise to power of Russia’s president Vladimir Putin. The lawsuits were later settled or withdrawn. Cohen cited Schillings’ work for Malaysian businessman and fugitive Jho Low. British ministers have expressed concern over the way in which UK courts are used by wealthy foreigners to launch libel cases. Dominic Raab, the justice secretary, last month set out proposals to limit any so-called Strategic Lawsuits Against Public Participation. Also in March Bob Seely, the MP for the Isle of Wight, used parliamentary privilege to claim “amoral” City lawyers were teaming up with “Putin’s henchmen” to offer “legalised intimidation”. A spokesperson for Tomlinson said: “Regulatory rules for lawyers are very strict and work to ensure equal entitlement to independent legal advice. Mr Tomlinson acted properly and in accordance with those rules throughout and has never acted as Mr Cohen suggests.” Tait’s firm Carter-Ruck said: “The claims made against Carter-Ruck are misconceived and are rejected entirely. In addition to other matters, we are not working for any Russian individuals, companies or entities seeking to challenge, overturn, frustrate or minimise sanctions.” It added: “We are not acting for, and will not be acting for, any individual, company or entity associated with the Putin regime in any matter or context, whether sanctions-related or otherwise, and will continue to conduct all ‘know your client’ checks in accordance with all applicable laws and regulations, as we have always done.” Cohen cited Rechtschaffen for his representation of Israeli-British businessman Walter Soriano, who he alleged was an “enabler” of certain oligarchs including Abramovich. Rechtschaffen said: “Walter Soriano is not an enabler of any oligarch . . . The English courts have said that the claim against Mr Stedman is not abusive.” Harbottle & Lewis said the firm had “acted at all time in accordance with its professional and legal obligations, and takes these matters very seriously”. Schillings said the firm did not act for any sanctioned entities and could not comment on client matters. It added that Cohen’s allegations were “wholly misplaced” and “misinformed”. It said the firm had upheld “the highest traditions of the legal profession”. Proudler’s firm CMS said it rejected Cohen’s allegations, adding that Proudler and the firm had been “compliant with all professional regulations”. “As we have said since the invasion of Ukraine, CMS is no longer accepting new instructions from Russian based entities or from any individuals with connections to the Russian government.”

  • Helsinki Commission Urges U.S. Administration to Consider Sanctioning Remaining Individuals Involved in Persecution of Sergei Magnitsky

    WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Member Rep. Joe Wilson (SC-02) today released a letter sent April 15 to President Biden urging the U.S. administration to consider sanctioning the remaining individuals involved in the persecution of Sergei Magnitsky, the fraud he uncovered, and the coverup of his death in 2009. The letter read in part: “The passage and enforcement of the Magnitsky Act was among the rare times in the last decade that the United States rightly put universal values first in its relationship with Russia. Sergei Magnitsky courageously stood up to the Putin regime’s corruption and represents what Russia might be one day. He has served as an inspiration for Russian activists and civil society who dream of a Russia that respects human rights and complies with its own freely undertaken international commitments… “At this time of great upheaval, it could not be more important that the United States demonstrate its commitment to universal values. Sanctioning these individuals responsible for dismantling the rule of law in Russia and killing one of Russia’s bravest whistleblowers would have this effect.” Included with the letter was a list that includes the names and identifying information of 255 individuals who have not yet been sanctioned for their apparent role in Sergei Magnitsky’s death and the $230 million tax fraud he exposed. The list was compiled by Hermitage Capital Management LLC, the firm where Sergei Magnitsky worked at the time of his arrest and murder.   The full letter and list are available online. 

  • Helsinki Commission Remembers Late Chairman Alcee Hastings

    WASHINGTON—On the anniversary of the death of former Helsinki Commission Chairman Alcee Hastings of Florida, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “Alcee Hastings was a giant in foreign affairs, knowledgeable on all issues relating to security in Europe. As the only American to serve as President of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly, he led that organization in cementing its members’ commitment to peace, security and human rights. Wherever he traveled on OSCE business, he was universally respected and liked. A year after his passing, he remains a revered figure and world-renowned leader.”

  • Russia Critics Press Congress for Curbing Moscow's Role in International Groups

    Critics of Moscow pressed lawmakers to sever remaining international connections with Moscow and punish what they called enablers of Russian President Vladimir Putin’s government—including Russian tycoons. “We recognize that the oligarchs are the appendages of Mr. Putin’s mafia state,” said Sen. Ben Cardin (D., Md.), the co-chairman of the Commission on Security and Cooperation in Europe, known as the Helsinki Commission, which held a hearing Wednesday on Russia's financial ties abroad. “I can’t wait to see police tape around mansions in Miami," said Sen. Sheldon Whitehouse (D., R.I.). Witnesses before the commission, a U.S. agency that has frequently scrutinized Moscow, sought to portray Russian billionaires and their network of lawyers and agents in the West as little different from Russian government employees and its lawyers abroad. Bill Browder, a prominent critic of the Kremlin’s human-rights record, called on the U.S. to withdraw from the mutual legal-assistance treaty that allows U.S. and Russian law enforcement to cooperate on investigations and secure witness testimony. Western countries should ban lawyers paid by the Russian government in one country from traveling to their countries, he said. The Kremlin used the Interpol international law-enforcement network in an effort to arrest Mr. Browder after his lawyer died in a Russian prison in 2009. Mr. Browder, who founded investment fund Hermitage Capital, said the U.S. and partner countries should seek to remove Moscow from Interpol or “basically threaten the funding of Interpol if Russia is not expelled.” Mr. Browder was the largest private investor in Russia until his expulsion from that country in 2005. Moscow should also lose its membership and face blacklisting by the Financial Action Task Force, a Paris-based intergovernmental body that audits the ability of nations to detect and disrupt illicit finance, said Daria Kaleniuk, co-founder of the Anti-Corruption Action Center in Ukraine. Mr. Browder and Ms. Kaleniuk were among five witnesses at the hearing.

  • Countering Oligarchs, Enablers, and Lawfare

    As influential proxies of Russian dictator Vladmir Putin, Russian oligarchs work to weaken Western democracies from within. They pay Western enablers—especially lawyers and lobbyists—millions to use their standing in democratic societies to generate policies favorable to the authoritarian regime in Russia and to silence its critics. On April 6, 2022, the Helsinki Commission heard from five witnesses who testified on the corruption of Russian oligarchs, as well as the various means through which such oligarchs censure journalists from reporting on their nefarious activities. Helsinki Commission Chairman Sen. Ben Cardin (MD) opened the hearing by recognizing oligarchs as appendages of Putin’s government who have engaged in extensive laundering and looting of the Russian state. He stressed the importance of sanctioning oligarchs, who utilize the existing financial and judicial frameworks of Western democracies to protect themselves from legal harm, as well as their accountants and lawyers, who utilize lawfare as means of continuing their kleptocratic ways and silencing those who report on their crimes. “We have to fortify our system against lawfare,” he stated. “And we hope that we can win this fight.” Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) asserted that oligarchs, while stealing and oppressing the Russian public, also are funding the Russian invasion of Ukraine. “In exchange for the lavish lifestyles that they live, these oligarchs pledge their loyalty to the mid-level KGB agent… currently overseeing Europe’s biggest land war since 1945,” he remarked. Ranking Member Rep. Joe Wilson (SC-02) described Russia’s invasion of Ukraine as a battle between the virtues of the free world and the vices of a corrupt state. “Putin ordered the invasion of Ukraine because Ukraine is a democracy… because it shows accountability over corruption,” he stated. “This is the most black and white conflict in recent memory.” Daria Kaleniuk, executive director of the Ukrainian Anti-Corruption Action Centre, testified that Putin’s invasion of Ukraine was due to fear of Ukraine’s fight against corruption. On February 22, when Putin declared war on Ukraine, he referred to numerous anti-corruption reforms for which the Ukrainian Anti-Corruption Action Centre had advocated. “It was clear to me in that moment that Ukraine’s successful story in fighting corruption is actually the ultimate threat to Vladmir Putin and to his kleptocratic regime,” she remarked. She argued that integral to Putin’s success throughout the years is his legion of legal and financial professionals. “There are two battlefields,” she stated. “One in Ukraine…. And another one in the West, where America is obligated to fight by targeting Russian oligarchs and their enablers.” Bill Browder, head of the Global Magnitsky Justice Campaign, described his experience following the passing of the Magnitsky Act, which allows the United States to freeze the assets of kleptocrats and human-rights violators. He highlighted the team of Western professionals who helped Putin target him for his work to passing the legislation. To ensure these Western enablers are held accountable for their actions, Browder recommended that Congress speak out and deny government employment to such organizations in the future. “We should make a list of these type of firms that do this enabling, this list should be put together by the U.S. Congress, and there should be a recommendation to the U.S. Government not to do business with these firms going forward,” he said. “They can pick sides. They can decide they want to work for the bad guys. And if they work for the bad guys, then they shouldn’t get any money from the U.S. government. Scott Stedman, founder of Forensic News, described the increased use of lawfare by oligarchs as a weapon to intimidate reporters into silence. He spoke of his experience reporting on Walter Soriano, a businessman with reported ties to multiple Russian oligarchs. Soriano filed a lawsuit against Forensic News and its contributors, attempting to silence Stedman through financial intimidation and lawfare. “Mr. Soriano’s U.S. litigation counsel Andrew Brettler wrote to me threatening yet more legal action if I did not pay a U.K. court for more money than I’ve ever had in any bank account,” he said. “This is what lawfare looks like. It is designed to suppress, stall, scare critical coverage of the Russian elite and their enablers.” Anna Veduta, vice president of the Navalny Anti-Corruption Foundation International, outlined the need to sanction corrupt Russian politicians, oligarchs, enablers, and their family members. The assets these oligarchs and enablers have acquired are held by relatives, she argued, who have yet to be sanctioned. “People responsible for these lies, people who are poisoning Russian people with these lies, still can enjoy spring break in Miami and take their kids to Disneyland,” she said. “So I am going to quote Alexei Navalny once again, ‘Warmongers must be treated as war criminals.’” Shannon Green, executive director of the USAID Anti-Corruption Task Force and senior advisor to the Administrator highlighted the reliance of autocrats like Putin on oligarchs and enablers. She reviewed USAID initiatives to support reform coalitions and confront lawfare domestically, as well as efforts to develop new programs to confront kleptocracy abroad.   Addressing her fellow panelists, she stated, “Anna, Bill, Daria, Scott, we draw inspiration and courage from your example. And the U.S. government’s message to you, and to all of your fellow change agents, is: Be not afraid. We stand with you.” Related Information Witness Biographies Statement for the Record: Arabella Pike, Publishing Director, HarperCollins Publishers

  • Helsinki Commission Digital Digest March 2022

  • With oligarchs in the crosshairs, alleged Western 'enablers' attract fresh scrutiny

    As governments scramble to seize high-profile assets owned by Russian oligarchs, a quiet effort is gaining momentum in the West to target their alleged “enablers” – the lawyers, lobbyists and money-handlers who critics say help them hide, invest and protect their vast wealth in U.S. and European institutions. “The yachts and jets and villas get the most attention, but a lot of the oligarchs’ money is in private equity and hedge funds – places we can’t see,” said Maira Martini, a researcher with the corruption watchdog Transparency International. “That’s the money that really matters to them.” For decades, wealthy business tycoons with close ties to Russian President Vladimir Putin have enlisted the services of reputable bankers and lawyers in the West to navigate loopholes that obscure their identity. While it's not necessarily illegal to use obscure entities and agents to protect finances, critics say the laws need to be strengthened to create more transparency. rganized Crime and Corruption Reporting Project, a global investigative reporting platform that focuses on corruption, organized crimes and illicit financing, claims to have uncovered over 150 assets worth $17.5 billion held by 11 Russian elites and their alleged enablers, while a Forbes report identified more than 82 properties across the world -- a collective of $4.3 billion -- held by 16 sanctioned Russian oligarchs. Assets that have surfaced are likely only a fraction of these oligarchs' actual wealth. The true extent is difficult to track because they often use a convoluted network of shell companies, obscure entities and stand-ins to keep their finances hidden, experts said. But now, with war raging in Ukraine, lawmakers and corruption watchdogs are calling on governments to close those loopholes and crack down on the middlemen who know how to exploit them. “Putin’s oligarchs cannot operate without their Western enablers, who give them access to our financial and political systems,” said Rep. Steve Cohen, D-Tenn. “These unscrupulous lawyers, accountants, trust and company service providers and others need to do basic due diligence on their clients to ensure that they are not accepting blood money. This isn’t rocket science – it is common sense policy to protect democracy.” In Washington, Cohen and others have introduced the ENABLERS Act, which would require real estate brokers, hedge fund managers and other entities to “ask basic due diligence questions whenever somebody comes to them with a suitcase full of cash,” said Rep. Tom Malinowski, D-N.J., the lead sponsor of the bill. The International Consortium of Investigative Journalists, a global network of journalists and newsrooms that have tracked the wealthy's tax havens and financial secrecy, has identified at least a dozen networks of facilitators, offshore agents and banks across the world that have allegedly helped Russia's elites move and hide their money based on its analyses of public records and leaked financial documents the group has obtained over the past decade. This includes a range of actors, from global offshore law firms that create shell companies and other obscure entities to help wealthy Russians keep their finances clouded, to one-man shops in offshore tax havens that help set up "nominee" shareholders and paid stand-ins to conceal the real owners of entities. ICIJ also points to the roles of major law firms in helping shape the modern tax avoidance system as well as the roles of big financial institutions and banks in helping wealthy Russians move their money. Last year, The Washington Post, as part of its collaboration with ICIJ's Pandora Papers project, reported on how South Dakota, with its limited oversight, vague regulations and trust secrecy, has become a tax haven for secretive foreign money. Malinowski stressed that the United States "has become one of the easiest places in the world for corrupt kleptocrats around the world to hide money." “What we've basically allowed is a system where people can steal their money in countries without the rule of law and then protect their money in countries like ours where they can count on property rights and courts and privacy rules to safeguard his loot for life," Malinowski said. "We should not be complicit in the theft that supports dictatorships like Putin." Experts warned that sanctions and asset seizures, while effective in the short term, may be toothless over time if secrecy loopholes remain in place. On Wednesday, Transparency International published an open letter calling on Western leaders to take steps to stem rules that foster opacity. “To disguise their wealth and keep them out of the reach of law enforcement authorities, kleptocrats will turn to lawyers, real estate agents, banks, crypto-service providers and banks in your countries,” the letter reads. “You must redouble your supervision efforts over the gatekeepers of the financial sector.”

  • Chairman Cardin Emphasizes the Importance of the Global Magnitsky Act

    Madam President, reserving the right to object to the request from the Senator from Idaho, it is my understanding that the Senator’s modification would not include provisions that were included in the Housepassed legislation that modifies the global Magnitsky sanction regime. I just would like to speak for a moment, if I might. There is no question that we stand with the people of Ukraine against the unprovoked attack by Mr. Putin. We are inspired every day by the courage of the Ukrainian people and by their inspirational leader, President Zelenskyy. The United States has shown leadership, and I congratulate the Biden administration. We have led the free world in providing defensive lethal weapons to Ukraine to defend itself. We have provided humanitarian assistance, joining the global community, including dealing with 3 million Ukrainians that are now refugees in other countries and 10 million that have been displaced as a result of Mr. Putin’s unprovoked attack. And we have led on sanctions. We have led in getting the global unity to impose sanctions against not just the Russian sectors, but also against individuals. And when Mr. Zelenskyy spoke before the Members of Congress, he specifically mentioned the importance of these sanctions; and he asked us to expand those covered by the sanctions to include the enablers, those that are enabling Mr. Putin—the oligarchs—to be able to fund his aggression against Ukraine. So what did the House send over to us? In their bill, they sent over a global Magnitsky modification. It is identical to legislation that was filed by Senator PORTMAN and myself that included the revocation of PNTR for Russia, along with the global Magnitsky. First and foremost, it removes the sunset that is in the legislation that would sunset this year. Mr. Zelenskyy asked for us to be resolved in being willing to stand up to Mr. Putin, that it would take some time. A clear message is that we remove the sunset on the global Magnitsky statute. And we know how difficult it is to get legislation passed in this body. It also expands the global Magnitsky to include the enablers—exactly what Mr. Zelenskyy asked us to do—those that enabled—the oligarchs that allowed him to be able to finance this. The language that is included in here is very similar to the language that was included in President Trump’s Executive order. This is critical legislation. Now, let me just tell you how appropriate it is that it is included in a PNTR bill—because the first Magnitsky sanction bill—and Senator WYDEN was very important in getting this done—was included in the original PNTR bill for Russia, and we were able to get it done at that time. We then made it a global Magnitsky, and my partner on that was the late Senator McCain. It has always been bipartisan. My partner now is Senator WICKER. The two of us have joined forces to make sure we get it done now. It is critically important in order to impose banking restrictions on those that are targeted under the global Magnitsky, as well as visa restrictions on being able to travel. How important is it? Ask Mr. Usmanov, who is one of the principal oligarchs to Mr. Putin, who solves Mr. Putin’s business problems. Guess how he solves those problems? Well, his yacht has now been confiscated in Germany. That is how important these sanctions are and how we have to move them forward. So, if I understand my colleague’s request, it would deny the opportunity for us to act on the global Magnitsky, which Mr. Zelenskyy has specifically asked us to do. We would lose that opportunity. We would be sending this bill back to the House that is not in session, which means there will be a further delay in repealing PNTR for Russia, which is something we need to do now, today. We can get it to the President for signature today under the majority leader’s request. And as the majority leader has indicated, I support the energy ban—I support the Russian energy ban. President Biden has already taken steps to do that. And I agree with my colleague from Idaho. I would like to incorporate that in statute, but there is no urgency to do that as there is on repealing PNTR and the global Magnitsky. That is the urgency. That is what we need to get done today. That is what we can get to the President this afternoon under the majority leader’s request, and that will be denied if my friend from Idaho’s request were granted. So, for all those reasons, I object.

  • International Court orders Russia to suspend invasion of Ukraine

    Helsinki Commission Chairman Senator Ben Cardin joined ABC News to discuss a resolution submitted by himself and others, which was recently adopted by the Senate and called on the Putin regime to be held accountable for war crimes committed during Russia's invasion of Ukraine."I hope that one day in the near future we'll see [Mr. Putin] at the Hague, tried as a war criminal," he said. On March 23, the U.S. Department of State published a statement confirming that Russian forces have committed war crimes in Ukraine.

  • Sen. Cardin: U.S. should increase sanctions on Russia

    Helsinki Commission Chairman Senator Ben Cardin spoke with José Díaz-Balart of MSNBC following Ukrainian President Volodymyr Zelensky's address to Congress. Chairman Cardin discussed U.S. support for Ukraine in providing defensive weaponry and humanitiarian assistance. "[Zelensky's] message was clear: we need staying power to isolate Russia and Mr. Putin, we need to increase the cost by increasing the sanctions, and we need to provide Ukraine with the lethal defense weapons it needs in order to protect its skies," he said.

  • Co-Chairman Cohen Leads Bipartisan Congressional Delegation to Defend Democracy and Ukrainian Sovereignty at OSCE PA Winter Meeting

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) last week led a bipartisan Congressional delegation to the Winter Meeting of the OSCE Parliamentary Assembly (PA) in Vienna, Austria, which focused almost exclusively on responding to the full-scale Russian assault on Ukraine.  A sizable and active U.S. presence at the hybrid event helped generate nearly united condemnation of the Kremlin attack and provided assurance of the U.S. commitment to European security during a time of great uncertainty. “Our bipartisan delegation actively and adamantly defended Ukraine’s rights as a sovereign nation in the face of unchecked Russian aggression,” said Co-Chairman Cohen. “The European security architecture that has supported peace and prosperity on the continent and around the world for decades must not be allowed to crumble at the whim of a dictator with grandiose aspirations of returning to some imagined past glory. It is long past time that democratic nations—including all other OSCE participating States—unite to firmly put Putin back where he belongs: isolated and outside the bounds of international society.” Other members of Congress traveling to Vienna included Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02), Commissioners Rep. Robert Aderholt (AL-04), Rep. Richard Hudson (NC-08), and Rep. Marc Veasey (TX-33), as well as Rep. Sheila Jackson Lee (TX-18). Remote participants in the Winter Meeting included Ranking Member Sen. Roger Wicker (MS) and Rep. Chris Smith (NJ-04). Although the meeting included a wide range of OSCE issues of concern, Russia’s brazen invasion of Ukraine dominated all discussion.  “Fundamental underpinnings of our security order, including commitments to respect other countries’ territorial integrity, sovereignty, and choices of security alliances, are at this moment being breached, flagrantly and deliberately, by one of our participating States, which is—as we speak—conducting an unprovoked invasion of another participating State,” said Rep. Hudson, who chairs the OSCE PA General Committee on Political Affairs and Security. “If Vladimir Putin succeeds in Ukraine, he will not stop there—just as he did not stop with Transnistria, Abkhazia, South Ossetia, Crimea, and the Donbass. How can any of us realistically believe he will stop with Ukraine?” asked Sen. Wicker, who serves as a vice-president of the OSCE PA. “According to Putin’s twisted rationale, every former republic of the USSR is at risk. NATO is at risk. Every member of the peace-loving international community is at risk of being swept up into this conflict.” Members of the U.S. delegation directly challenged the egregious assertions of the few Russian delegates who attempted to justify their country’s naked aggression. Other issues raised by the U.S. delegation included human rights violations within Russia, as well as in Belarus and in areas of Ukraine under illegal occupation; ongoing concerns regarding human trafficking; and the assault on free media throughout the OSCE region.  Ahead of the Winter Meeting, members of the in-person delegation traveled to Lithuania to underscore U.S. support for a crucial NATO Ally at a time of deep concern caused by Russian aggression. In Vilnius, they met with Lithuanian President Gitanas Nauseda, Prime Minister Ingrida Simonyte, Foreign Minister Gabrielius Landsbergis, and senior members of the Lithuanian Parliament (Seimas) to discuss the Russian assault on Ukraine, the deterioration of regional security, and Lithuania’s values-based foreign policy, including relations with China. The delegation also visited the Pabrade Training Area for briefings on U.S. and Allied military activities conducted in the region, and met with Belarusians and Russians who have fled to Lithuania to avoid persecution, including Sviatlana Tsikhanouskaya and other opposition leaders, members of the business community, civil society organizations, and the media.

  • Ambassador (Ret.) William B. Taylor: 'I believe Putin will blink'

    At a February 3 Helsinki Commission hearing on Russian aggression toward Ukraine, William B. Taylor, an expert on Russia and former U.S. ambassador to Ukraine, told Commissioners,  "I believe President Putin will blink. I think Presidents Biden and Zelensky are staring him down successfully. Putin appears, for now, to be seeking negotiations. He has complained about but has not rejected the responses from the United States and NATO to his demands."

  • Russia's Assault on Ukraine and the International Order

    Russia’s Ukraine gambit is the most flagrant manifestation of the Kremlin’s assault on the international order. Moscow’s actions degrade the security environment in Europe and are a direct attack on settled international norms, including the territorial integrity of states and the self-determination of peoples affirmed in the Helsinki Final Act and subsequent agreements of the Organization for Security and Cooperation in Europe (OSCE). On February 2, 2022, the U.S. Helsinki Commission held a hearing on Russian aggression against Ukraine. The hearing included testimony from three expert witnesses on the motives and intentions of the Kremlin, how the West can continue to support Ukraine, and the ramifications of Putin’s belligerence for Europe and the international order. Helsinki Chairman Sen. Ben Cardin (MD) opened the hearing by highlighting the unity displayed between the United States and Europe in response to the threatened invasion. He commended the Biden administration on its efforts to enhance deterrence and reinforce NATO’s eastern flank, while ensuring a diplomatic path remains open to Russia should it wish to find areas of cooperation; he emphasized that the sovereignty of Ukraine and freedom of Europe would under no circumstance be bargained away. Co-Chairman Rep. Steve Cohen (TN-09) noted that Putin considers Ukraine’s evolution into a budding democracy “with its open market of ideas, vibrant media, and a strong civil society” as a threat to his regime and repeated the importance of a free and sovereign Ukraine for the security of Europe. Sen. Roger Wicker (MS) highlighted Russia’s participation in the Helsinki Final Act of 1975, saying, “Putin is now treading underfoot the principles at the heart of the Commission’s work, principles agreed to by Mr. Putin’s predecessors in Moscow.” He also underlined importance of ensuring passage of defense appropriations to our defense commitments abroad. Ranking Member Rep. Joe Wilson (SC-02) praised the strong bipartisan stance exemplified by the hearing regarding the need to deter Russia; Republicans and Democrats in the U.S. Congress, as well as Transatlantic allies, were “firmly united in support of the people of Ukraine” Dr. Fiona Hill, senior fellow in the Center on the United States and Europe in the Foreign Policy program at the Brookings Institution, testified on Putin’s motives and likely worldview, citing Russian interventions in Georgia, Armenia, and Belarus. “From Russia’s perspective, the United States played no significant role in addressing these upheavals,” she said. She noted that the 2024 presidential elections likely are influencing Putin’s need to act now. Dr. Hill closed by emphasizing the importance of definitively countering Putin’s narrative regarding Russia’s aggressive posture. “We need to reframe this crisis for what it is, as the administration has just done in the United Nations,” she said. “This is not a proxy conflict. This is not aggression by the United States or NATO. This is not a righteous effort to counter some great historic wrong, as President Putin says. This is an act of post-colonial revisionism on the part of Russia.” Lieutenant General (Ret.) Ben Hodges, Pershing Chair in Strategic Studies at the Center for European Policy Analysis, testified on the current needs of the Ukrainian army, as well as potential countermeasures Ukraine’s Western partners can take to address Russian aggression. He highlighted President Zelensky’s request for funds to support a significantly larger Ukrainian army, as well as continued diplomatic support from the West. General Hodges also underlined that a common approach among NATO Allies, including and especially Germany, would be necessary to prevent a new Russian offensive. “We need to take the initiative instead of always reacting to whatever the Kremlin does. But we have to do this in unity with our allies,” he said. Lieutenant General Hodges closed by urging NATO to remain clear-eyed about the nature of diplomacy with the Kremlin. “They are not boy scouts. They use chemical weapons, poison and murder against their own opposition, and they use cyber and disinformation to destroy lives and trust in our democratic system,” he noted. “We should talk, but we need to understand with whom we are talking.” Ambassador (Ret.) William Taylor, Vice President, Russia and Europe at the United States Institute of Peace, commended the resolve and unity shown by President Biden and President Zelensky, suggesting that this had been surprising to the Kremlin. He surmised that the effectiveness of the Western response had, to date, successfully deterred a full-scale invasion and there was reason to believe that Putin currently remains engaged on a diplomatic track. Ambassador Taylor underlined the stakes in the current confrontation and their relevance to U.S. interests, describing Ukraine as “the frontline of the battle between democracy and autocracy. We should support them. With that support, they will prevail. Putin will lose.” Members raised a broad range of concerns with witnesses, questioning them on issues ranging from the influence of public opinion and oligarchs on Putin’s thinking, to the most efficient timing of sanctions. Witnesses were united in their praise for the bipartisan consensus on countering Russian aggression demonstrated by Congress, and adamant in their call for continued resolve and determination in the support of Ukraine. Related Information Witness Biographies Putin Has the U.S. Right Where He Wants It - Dr. Fiona Hill  NATO Must Help Ukraine Prepare for War - Lieutenant General (Ret.) Ben Hodges  After U.S.-Russia Talks, Risk of War in Ukraine Still High - Ambassador (Ret.) William B. Taylor

  • Helsinki Commission Digital Digest January 2022

  • On International Holocaust Remembrance Day, Cardin and Cohen Denounce Recent Antisemitic Activity Across the United States

    WASHINGTON—On the 77th anniversary of the liberation of the Auschwitz-Birkenau in Nazi-occupied Poland, which is designated as International Holocaust Remembrance Day, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and Co-Chairman Rep. Steve Cohen (TN-09) issued the following statement on the recent spate of antisemitic activity across the United States: “We are extremely alarmed by recent events targeting the Jewish community. The distribution of flyers across multiple states touting antisemitic and racist conspiracy theories, invoking Nazi ideologies, and blaming the Jewish community for the COVID-19 pandemic has come hard on the heels of a vicious attack on the Congregation Beth Israel synagogue in Colleyville, Texas. These incidents must be stopped and called out as the dangerous fearmongering they are. Not only on International Holocaust Remembrance Day, but every day, leaders and every person in this country have an obligation to stand up against hate.   “Antisemitism is not just a problem in the United States. We see similar issues in Europe, where Jewish synagogues, schools, and cemeteries once again must tighten security protocols in fear of attack, and the Holocaust is being trivialized for political gain. It is time for the 57 participating States of the OSCE to come together and adopt an international strategy to hold countries accountable for implementing legislation to quash hate crimes and discrimination, protect Jewish communities, and address the dangerous ideologies that lead to violence and sow disunity in our country and abroad. “International Holocaust Remembrance Day serves as a grim reminder of our past failures to protect the Jewish community. Inaction or turning a blind eye to antisemitism and hate only encourages its proliferation. We must ensure that the words ‘never again’ have real meaning by stamping out antisemitism wherever it is found.” Chairman Cardin, who also serves as the OSCE PA Special Representative on Racism, Anti-Semitism, and Intolerance and is a member of the United States Holocaust Memorial Council, has called for an OSCE strategy to address antisemitism and other forms of intolerance.  In July, the OSCE Parliamentary Assembly adopted an urgent item he drafted titled “Addressing the Rise in Hate, Intolerance, Violence and Discrimination Across the OSCE Region” that he has called for the new Polish Chair-in-Office to work with OSCE countries to implement.  

  • Russia’s Assault on Ukraine and the International Order to Be Discussed at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: RUSSIA’S ASSAULT ON UKRAINE AND THE INTERNATIONAL ORDER Assessing and Bolstering the Western Response Wednesday, February 2, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission Russia’s Ukraine gambit is the most flagrant manifestation of the Kremlin’s assault on the international order. Moscow’s actions degrade the security environment in Europe and are a direct assault on settled international norms. These include the territorial integrity of states and the self-determination of peoples affirmed in the Helsinki Final Act and subsequent agreements of the Organization for Security and Cooperation in Europe (OSCE). Witnesses will examine the latest developments in the Kremlin-driven crisis in and around Ukraine and the urgency for the United States to bolster Ukraine’s defenses and deter further Russian aggression. The following witnesses are scheduled to testify: Dr. Fiona Hill, Senior Fellow, Center on the United States and Europe, Brookings Institution Lieutenant General (Retired) Ben Hodges, Pershing Chair, Center for European Policy Analysis Ambassador (Retired) William B. Taylor, Vice President, U.S. Institute of Peace

  • Half Measures Are Worse Than Nothing in Ukraine

    Europe begins the new year on the brink of major war. Russia has amassed more than 100,000 troops and heavy equipment along Ukraine’s border and issued an ultimatum to the West demanding it trade Ukraine’s sovereignty in exchange for its peace. Such demands are a strategic nonstarter, but the seriousness of the Kremlin’s threats appear all too real. To stop this war before it begins, muddling through is not an option; this demands immediate and bold action. Russia claims its 100,000-plus troops at Ukraine’s doorstep is a response to NATO enlargement and its infrastructure in Ukraine and Eastern Europe. These arguments are unconvincing. The Kremlin has used NATO as a straw man for its grievances, yet Russian disquiet has little to do with NATO itself, which has no immediate plans to expand anywhere near Russia and would not threaten Russia if it did. Although the United States and its European partners have provided material and technical military assistance to Ukraine, it has not changed the region’s balance of power. Instead, Russia’s demands evince anxiety over global status and the possibility that its borderlands may be able to escape from its grip. In particular, Ukraine has the size and industrial capacity to make it a credible economic and military power regardless of whether it joins NATO. For Russia, a strong and hostile Ukraine is intolerable, even though Russian aggression husbanded Ukraine’s pro-West turn. By supporting Donbass separatism and annexing Crimea, the Kremlin stoked patriotism in Ukraine, lanced Ukraine’s most Russia-friendly population, and earned Kyiv’s hostility. Ukraine is not the only country for which this applies, but it may be the most significant given its size, geography, and symbolic position in official Russian neoimperial mythology. War should be avoided at all reasonable costs. Another invasion would risk tens of millions of lives and further undermine Europe’s increasingly fragile security. The United States and Europe should be willing to negotiate in good faith to avoid wider conflict—so long as Ukraine, Georgia, and Eastern Europe’s sovereignty are preserved. However, acceding to Russia’s maximalist demands would strip Ukraine of its already battered sovereignty and invite a new Iron Curtain over Europe—consigning many millions of people to generations of domination and conflict. History and international relations theory may offer some guidance in this crisis. In the runup to the Peloponnesian War between the sprawling Athenian league and Sparta’s opposing empire, Athens faced a dilemma between its ally Corcyra and Corinth, a powerful member of the Spartan alliance. As chronicled by classical historian Donald Kagan in his On the Origins of War: And the Preservation of Peace, Corcyra called on Athens for protection, but Athens was anxious to intervene lest it precipitate a ruinous great-power war with Sparta, which was increasingly fearful that Athens, the rising force in Greece, would eclipse Spartan power. Yet Athens worried that abandoning Corcyra would undermine its alliances and invite Spartan aggression. As a compromise, Athens deployed a mere 10 ships out of its vast 400-ship fleet to join the Corcyraeans in the hopes that it would be enough to deter Corinth’s advancing 150-ship armada. However, as Kagan notes, Athens’s symbolic deployment was not strong enough to deter Corinth—much less defeat it—but too aggressive to completely assuage Spartan fears about Athenian ambitions. In the ensuing Battle of Sybota, the Corinthian armada destroyed the combined Corcyraean-Athenian fleet, launching a spiral of events that led to the devastating Peloponnesian War. As the United States deliberates with its partners and allies to craft countermeasures against Kremlin aggression, the West should avoid its own 10-ship trap. In some ways, NATO’s 2008 Bucharest summit decision is an example, where the alliance promised eventual membership to Georgia and Ukraine without a concrete pathway. This compromise left Georgia and Ukraine vulnerable while stoking the Kremlin’s strategic anxieties. The recently departed Columbia University political scientist Robert Jervis considered such problems in his international relations theory classic Perception and Misperception in International Politics. Jervis weighed deterrence against a “spiral” model, which posited that counterescalating in response to perceived escalation could provoke the opposite of the intended response. An attempt at deterrence could instead be viewed as further provocation. While deterrence preaches strength and resolution, the spiral model generally counsels conciliation. However, Jervis theorized that while the deterrence and spiral models are often presented as opposing, generalizable theories, their usefulness varies with the circumstances. He surmised that deterrence is applicable between two powers with genuinely incompatible positions, and the spiral model best applies to disputes between status quo powers where their perceived incompatibility is mostly illusory. One exercise Jervis suggests is to interrogate evidence that the second power is not engaged in revisionist aggression. In this case, a charitable reading of Russian actions suggests that Russia’s grievances are oriented to the security situation on its borders—the “belt of Russia’s vital interests.” In this interpretation, Russia’s historical influence along its borders need not be a cause for alarm on its own, much less for war. Indeed, if arms limitations and codes of conduct represent an acceptable compromise to defuse the present crisis without sacrificing the freedom or sovereignty of the states on Russia’s border, this is worth pursuing. However, which vital interests necessitate Russian dominion over its periphery? Although Russia’s perceptions of insecurity may be real, it is demonstrably not materially insecure, with a large, full-spectrum, and sophisticated military that is arguably the most powerful in Europe. Russia’s neighbors are far weaker, Western states largely disarmed after the Soviet Union’s dissolution, and remnant Allied forces remained in Western Europe in compliance with the NATO-Russia Founding Act, even as Russia has significantly militarized. And Russia’s economic fortunes are far better served by peace and integration with the West, not conflict. However, the stability and integrity of European security architecture as enshrined in the Helsinki Final Act remain fundamental to U.S. national security. Any countenance of the Kremlin’s broader abrogation of that framework and the restoration of a new Yalta Conference would reverse decades of peace and prosperity—and likely drive continental militarization that would only compound Russian security anxieties and conflict. It appears the West and the Russian regime’s positions are indeed incompatible. In response, the United States and its allies must be wary of the 10-ship trap. Although caution is often a virtue in national security and foreign policymaking, a moderate response to the enormity and notoriety of Russia’s belligerence would likely neither protect Ukraine nor satisfy Russian imperial appetites. Broad economic sanctions on their own are likely to be sufficient to forestall an invasion; and token, light deployments behind NATO’s high walls while Ukraine burns will inflame Kremlin paranoia without arresting or appreciably punishing Russian militarism. Negotiations and diplomacy should be given the time to work, and any kind of durable solution is unlikely to completely satisfy either party. However, the United States and its allies should undergird these talks with serious and significant measures to prevent another, greater war in Ukraine before it begins. As in Corcyra, half measures are unlikely to ameliorate the crisis and may only exacerbate them. What, then, do full measures look like? The critical factors here are speed and plausibility: steps that not only can be taken quickly but that Russia will believe Washington will carry through. Although economic sanctions have been broadly regarded as useful tools in this regard, most measures being envisioned are likely already baked into Russian calculations or may not have an immediate effect. In addition, the United States—and Europe, if it is willing—should significantly curtail Russian energy imports and aim to wean Russian hydrocarbons from European markets entirely—perhaps even going so far as to employ Defense Production Act authorities to stockpile and potentially surge liquefied natural gas and other fuel alternatives to Central and Eastern Europe. Boosting other energy sources on a strategic scale could also accompany this approach. Moscow must be convinced that military aggression will only dramatically increase and complicate what it believes are its existing security vulnerabilities. Toward that end, the United States and Europe could begin studying withdrawal from the NATO-Russia Founding Act, and planning can begin in earnest for repositioning heavy forces in Europe in the event of a wider Russian war. NATO can signal that new European applications for NATO membership would be welcomed and expediently ratified (perhaps even pre-ratified in some form), particularly from Sweden and Finland, should Russia go through with its militaristic gambit. Washington could also consider scenarios to provide aspirants—Ukraine, Georgia, and potentially the Nordics—with bilateral treaty guarantees prior to NATO accession. In Corcyra, the compromise of 10 Athenian ships only served to anger Corinth and Sparta as well as fed beliefs that war was not only necessary but an urgent enterprise. Against the colossal coercive symbolism and military reality posed by the Russian buildup—and the even greater weight of the Kremlin’s demands—the United States and Europe should prepare responses to match the moment. Michael Hikari Cecire is a senior policy advisor at the U.S. Helsinki Commission. 

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