Soviet Law and the Helsinki MonitorsTuesday, June 06, 1978
Between February 3, 1977 and June 1, 1978, twenty Soviet citizens active in the defense of human rights in five different Republics were arrested and imprisoned; two others, traveling abroad on Soviet passports, were stripped of their citizenship and denied the right to return to the USSR. All are members of the Public Groups to Promote Observance of the Helsinki Agreement in the USSR (the Soviet Helsinki Watch) or, in the case of two men, of its subsidiary Working Commission to Investigate the Abuse of Psychiatry for Political Purposes. The twenty-one men and one woman are being punished under a variety of different criminal charges. Their "crime," however, is identical: political dissent, expressed in the non-violent, open effort to spur Soviet authorities to implement the human rights and humanitarian undertakings of the August 1975 Final Act of the Conference on Security and Cooperation in Europe (the Helsinki Accord.) The following study by the staff of the U. S. Commission on . Security and Cooperation in Europe examines the workings of Soviet law and criminal procedure as applied in these cases of political dissent. It discusses the guarantees of Soviet law, including international covenants ratified by the USSR, against arbitrary arrest and unfair trial and compares those to the practices used against the Helsinki Watchers. From the study it is evident that those guarantees -- both substantive and procedural -- have been repeatedly violated in the persecution and prosecution of the twenty-two human rights activists. The violations uncovered range from improper conduct of pre-arrest house searches through illegally prolonged pre-trial detention to unlawful denial of the rights of the defense at the trial. This pattern of official conduct toward free, but dissenting political expression is not new in the Soviet Union. In the treatment of the Soviet Helsinki Watch, however, it has been systematic and can be termed, without question, a gross and intentional violation of both the pledges in the Final Act and the safeguards promised by the Soviet Constitution, Criminal Codes and Codes of Criminal Procedure.
Implementation Of The Helsinki Accords Vol. VI – Soviet Law And Helsinki MonitorsTuesday, June 06, 1978
This briefing discussed the repression against human rights activists in the Soviet Union. Chairman Fascell and Commissioner Leahy oversaw the testimony of several American lawyers representing imprisoned members of the Moscow-Helsinki Group detailing the abuses committed against their clients. Numerous documents from Soviet citizens were also submitted to the record documenting the Soviet authorities’ violations of the Helsinki Accords’ human rights provisions.
Implementation of the Helsinki Accords Vol. V – The Right to Citizenship in the Soviet UnionThursday, May 04, 1978
Commissioners Fascell and Pell, along with other commissioners and witnesses, discussed the plight of the witnesses themselves (musicians Mstislav Rostropovich and Galina Vishnevskaya). More specifically, these musicians, an acclaimed cellist and an opera singer, respectively, both arbitrarily had their citizenships revoked by Soviet authorities, without a fair trial (i.e. a right to an appeal, a hearing, and a right to a defense). These individuals’ predicament underscored similar situations of other Soviet citizens whom the government had revoked the citizenships of, a practice that the U.S. Supreme Court has classified as “cruel and unusual punishment.”
IMPLEMENTATION OF THE HELSINKI ACCORDS VOL. IV - REPORTS ON SOVIET REPRESSION AND THE BELGRADE CONFERENCESunday, June 05, 1977
In light of first anniversary of the creation of the Commission on Security and Cooperation in Europe, this hearing focused on the work and the plight of courageous individuals who utilized the Helsinki accords as instruments for advancing international respect for human rights. In particular, the hearing delved into the case of Anatoly Shcharansky, one of the most courageous spokesmen of human rights in the U.S.S.R., faces treason charges as groundless as they are ominous. The Soviet decision to hold a show trial for Shcharansky with phony evidence and counterfeit witnesses combined with the earlier arrest of members of Helsinki monitoring groups in Russia, Ukraine, and most recently, in Georgia, were in violation of the Helsinki accords.
Implementation of the Helsinki Accords Vol. III – Information Flow, And Cultural And Educational ExchangesTuesday, May 17, 1977
In this hearing, Commissioner Dante Fascell and others discussed the impact that the Helsinki Accords had on easing and expanding the flow of ideas and information across ideological and international frontiers. The rationale for this hearing, which consisted of three mornings of testimony, was that, while the Commission has had a long and storied history of hearing and discussing the movement of people, one goal of the Helsinki Accords is to diminish the obstacles that keep the views of others out, which are also the borders that restrict freedom of movement for people.
Implementation of the Helsinki Accords Vol I - Human Rights and ContactsWednesday, February 23, 1977
This hearing focused on the implementation of the Helsinki Accords and explored proposals for advancing compliance. The Commissioners and witnesses discussed how the accords could better East-West relations. They discussed how the framework of the Helsinki accords helps provide protection against armed intervention in internal affairs, or the threat of such intervention. The Commissioners heard testimonies from those working on human rights in Warsaw Pact countries and from many American citizens seeking reunification with relatives in Warsaw Pact countries.
East-West Economic Cooperation-Basket II-Helsinki Final ActThursday, January 13, 1977
Our immediate business is to look at Basket IT, whose scope is greater than mere questions of trade and commerce, because in many ways politics is economics. Basket IT was designed to enhance economic cooperation among CSCE states in a way to loosen restraints inhibiting dealings between the Soviet bloc and the West. The hearing will offer suggestions on resolving problems of trade with eastern CSCE states; and how the U.S. Government deals with Basket II problems and how it can improve the overall trade picture by exploiting Basket II provisions in order to bolster East-West trade initiatives.
Conference on Security and Cooperation in EuropeTuesday, May 06, 1975
In July 1973 the Foreign Ministers of 33 European countries and the United States opened the Conference on Security and Cooperation in Europe (CSCE), in Helsinki. Since then the participants have made slow but steady progress on a broad range of security, political, economic and other issues of mutual concern. As the conference reaches what appears to be a conclusive stage interest in its eventual outcome has mounted both in Congress and throughout the Nation: Special concern has been expressed over the implications the Conference may have for such issues as human rights in Eastern Europe, the division of Germany, U.S. force levels in Europe, and the future of the Baltic nations of Estonia, Latvia, and Lithuania.
Podcast: Parliamentary Diplomacy in Action
Through participation in parliamentary assemblies, national legislators can wield global influence on issues ranging from counterterrorism to climate change. Roberto Montella, Secretary General of the OSCE Parliamentary Assembly, and Ruxandra Popa, Secretary General of the NATO Parliamentary Assembly, peel back the curtain on activities of their institutions and underscore the value of parliamentary diplomacy in promoting security, prosperity, and human rights worldwide. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 9 | Parliamentary Diplomacy in Action
Podcast: Open Skies
What was a Russian military plane doing taking pictures over Washington, DC? Arms control experts Alexandra Bell, Senior Policy Director at the Center for Arms Control and Non-Proliferation, and Anthony Wier, Legislative Secretary for Nuclear Disarmament and Pentagon Spending at the Friends Committee on National Legislation, discuss the Treaty on Open Skies. The Open Skies agreement fosters inter-military transparency and cooperation among 34 different countries—including the United States and Russia—by allowing participants to overfly each other’s territory to record and share imagery of military and other installations. During the episode, Bell and Weir outline the role of Open Skies in the Euro-Atlantic security architecture, the treaty’s benefits, the complexity of execution, and current challenges in implementation. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 4: Open Skies | Helsinki on the Hill
Podcast: Lost and Found
Only July 11, 1995, more than 8,000 Bosnian Muslim men and boys from the town of Srebrenica in eastern Bosnia and Herzegovina were rounded up, gunned down, and buried in mass graves by Bosnian Serb forces, in what was the worst mass killing in Europe since World War II. The brutality of the genocide of Srebrenica was compounded by the deliberate effort by those responsible to hide their crimes. The use of mass graves and the subsequent movement of remains of the murdered using heavy machinery meant that the identification of the victims seemed nearly impossible at the time. Ahead of the 25th anniversary of the Srebrenica genocide, Kathryne Bomberger, director general of the International Commission on Missing Persons, discusses how ICMP has helped families of the Srebrenica victims find closure and pursue justice. She also discusses the commission’s evolution from dealing with the conflict in the former Yugoslavia to its work worldwide—including in Syria, Colombia, and elsewhere—today. "Helsinki on the Hill" is series of conversations hosted by the U.S. Helsinki Commission on human rights and comprehensive security in Europe and beyond. The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, promotes human rights, military security, and economic cooperation in 57 countries in Europe, Eurasia, and North America. Transcript | Episode 12 | Lost and Found: How the International Commission on Missing Persons Helps Find Closure and Pursue Justice
The Long Arm of Injustice
In 2008, Igor and Irina Bitkov, along with their daughter Anastasia, fled Russia in fear for their lives. Having seen their successful company bankrupted in a textbook raider scheme, their daughter kidnapped and raped, and facing death threats, the Bitkovs took refuge and began a new life with new identities in Guatemala.
The family now finds itself separated, imprisoned in squalid Guatemalan jail cells, and facing nearly twenty years in prison for alleged paperwork irregularities normally punishable by a simple fine. There are grave reasons to question the role of the government of Russia and the UN’s International Commission against Impunity in Guatemala (CICIG) in their imprisonment.
“I am deeply concerned about grave injustices suffered by the Bitkov family—brutalized in Russia, now apparently re-victimized in Guatemala, where they languish in jail,” said Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04), who chaired the hearing. “Evidence indicating that the government of Russia may have enlisted the UN’s International Commission against Impunity in Guatemala to persecute this family is troubling and must be thoroughly scrutinized.”
The hearing sought answers to key questions: Did the Kremlin enlist CICIG in its vendetta to destroy the Bitkovs? Is this another example of the frightening reach of Putin’s government and its ability to co-opt institutions designed to further the rule of law, as it has Interpol and Mutual Legal Assistance Treaties? Has the government of Russia corrupted a UN anti-corruption agency? What does this teach about the government of Russia, the UN, and the global fight against the scourge of corruption?
The Helsinki Commission examined the specifics of the Bitkov case, including Russian influence on CICIG and Guatemala’s Attorney General’s office, and reviewed policy options to protect U.S. taxpayer-supported institutions from abuse and undue pressure from authoritarian governments.
Selection of Additional Materials Submitted for the Record
- Response of William Browder to Questions for the Record Submitted by Rep. James McGovern
- Report: CICIG and the Rule of Law | Ligo ProPatria, Instituto de Servicios a La Nacion, Guatemala Immortal, ProReforma
- Sign-On Letter to the Helsinki Commission | Civil Society Representatives
- Letter to the Helsinki Commission | Ligo ProPatria, Instituto de Servicios a La Nacion, Guatemala Immortal, ProReforma
- Letter to the Helsinki Commission | Migration Groups
- Letter to President Maldonado of Guatemala | Bill Browder
- Letter to President Maldonado of Guatemala | Helsinki Commission Chairman Sen. Roger Wicker
- Invitation to Ivan Velasquez to Testify at Helsinki Commission Hearing
- Communication from Loreto Ferrer, CICIG
- Letter to the Helsinki Commission | VTB Bank
- Information from RENAP
- Cover Notes from Aron Lindblom,Diakonia Guatemala, Regarding:
- Letter to the Helsinki Commission | Indigenous Ancestral Authorities of Guatemala
- Letter to the Helsinki Commission | Christian Council of Guatemala
- Letter to the Helsinki Commission | Asociation de Mujeres Q'eqchi'es Nuevo Horizonte
- Letter to the Helsinki Commission | Comite de Unidad Campesina Guatemala
- Letter to the Helsinki Commission | Asociation Grupo Integral de Mujeres Sanjuaneras
- The Wall Street Journal: Kremlin Revenge in Guatemala (March 25, 2018)
- The Wall Street Journal: Russia’s Dubious Guatemala Story (April 15, 2018)
- The Wall Street Journal: A Crisis in Guatemala, Abetted by the U.N. (April 22, 2018)
- National Review: Microscopic Dots. Let's Look at Them. (April 25, 2018)
- National Review: Why Are They Doing This to the Bitkovs? (April 26, 2018)
- The Economist: A corruption spat in Russia endangers crime-fighters in Central America (April 28, 2018)
- Materials submitted by Victoria Sandoval, criminal and human rights attorney representing the Bitkov family
- Audio: CICIG supports VTB petitions
- Affidavit: Harold Augusto Flores confesses that he was threatened by CICIG
- Medical reports on Anastasia Bitkova issued by the National Forensic Science Institute
- BBC: Inside the 'world's most dangerous' hospital
- Ruling issued by the tribunal presided over by Judge Iris Yassmin Barrios