The Crisis in ChechnyaSunday, January 01, 1995
This hearing discussed the human right violations conducted by the Russian government against the civilians of the Chechen Republic. The horrendous human rights violations, the war in Chechnya brought to the fore all the underlying fissures in Russia’s political and economic structures, as well as highlighted the tensions in Russia’s relations with its neighbors and the rest of the international community. Chechnya confronted Russia’s Government, and by extension, all OSCE governments with the key issue of self-determination. Though Principle VIII of the Helsinki Final Act guarantees the equal right of all peoples to self-determination, the international community has never worked out rules and mechanisms for pursuing that right. Since many countries face actual or potential separatist movements based on demands for self-determination, governments have tended to side-step the issue.
Electoral Reforms in RussiaFriday, December 09, 1994
John Finerty from the Commission was joined by Richard Soudrette, representative of the International Federation for Electoral Systems, in leading a discussion on the possibility of reforming Russia’s electoral system. Soudrette focused on the changes that were seen since the previous year’s parliamentary elections and future prospects for change. Panelists - Catherine Barnes, Robert Dahl, Terry Holcomb, Connie McCormack, and Richard Soudrette – spoke of their individual experiences with the Russian electoral system. The highlighted the successes of the International Federation of Electoral Systems programs in Russia, which focused on legal and institutional reform.
Nagorno-KarabakhFriday, July 29, 1994
In this briefing, which CSCE Staff Director Samuel G. Wise chaired, the focus was on the conflict that had then recently transpired between the countries of Armenia and Azerbaijan. More specifically, the two countries had had a territorial dispute regarding the area of Nagorno-Karabakh. This dispute had manifested itself into all-out violence that had claimed around 15 million lives at the time of the briefing, as well as creating well over a million refugees. The briefing was the fifth in a series of briefings and hearings that the Helsinki Commission had held since 1988 regarding Nagorno-Karabakh. Fortunately, also at the time of this briefing, there had been very few armed clashes for a couple of months, and the warring factions had observed an informal cease fire. Actually, just three days prior to the briefing, the Defense Ministers of Armenia, Azerbaijan, and Nagorno-Karabakh jointly noted the success of the cease fire and looked forward to a more comprehensive resolution of the conflict. With this decrease in violence, attention had shifted to the international diplomatic plane. The CSCE and the Russians had put forward at least somewhat similar cease fire plans, albeit with competition for adherence. The ultimate end of both approaches was a broader agreement about the status of Nagorno-Karabakh and making peace in the region. The purpose of the briefing, then, was to discuss the possible framework of a political settlement.
Crime and Corruption in RussiaFriday, June 10, 1994
The rationale of this briefing, which Commission Staff Director Sam Wise presided over, was that of a marked increase of crime in Russia. At the time of this briefing, crime had become the dominant subject in Russian politics. Unsurprisingly, the extent of crime in Russia had significant implications for its society, specifically for hte viability of the state. In fact, President Yeltsin had called crime the Russian state’s gravest threat. A question that Wise brought up in the briefing was the possibility of criminals taking over the Russian Federation’s government. Another possibility that Wise mentioned was election of authoritarian, repressive leaders who would make Russia safe. Witnesses in the briefing included Dr. Louise Shelly of American University’s Department of Justice, Law and Society, and Stephen Handelman, Associate Fellow at the Harriman Center of Columbia University.
Doing Business in Russia and the NIS: Opportunities and ObstaclesFriday, June 03, 1994
Jane Fisher, Deputy Staff Director of the Helsinki Commission, presided this briefing focused on trade and doing business in the Newly Indipendent States of the former Soviet Union. It was the third in a series of briefings by the Commission on NIS. The Helsinki Accords cover human rights, security, and economic cooperation, and when the countries of the former Soviet Union were making the transition to democracy, the Commission put a greater emphasis on trade and economic cooperation. Russia and the Newly Independent States had a great potential market. They had enormous natural resources, large consumer markets, and a huge potential for trade and investments. Ms. Fisher was joined by a distinguished panel of experts who have been directly involved in business development in the formet Soviet Union: Dr. Richard Rahn, President and Chief executive officer of Novecon; Edward Chow, Director of International Affairs for Chevron Overseas Petroleum; and Joseph Barker, Vice Presidentof Ryland Trading. They described their experiences and shared their views on the opportunities and hazards of doing business in Russia and the NIS.
Russia and its NeighborsTuesday, May 24, 1994
Dennis Deconcini (D-AZ) and other legislators discussed Russia’s relations with its neighboring countries. More specifically, concerning democratic reform, the hearing contrasted the economic criteria of privatization, the rate of inflation, currency emission, and subsidies to enterprises with Moscow’s policies vis-à-vis its neighbors. Of course, Russia’s neighbors are referred to as the New Independent States, and, as Deconcini argues, it is problematic when Russia militarily or economically coerces its neighbors to enter into unwanted, yet inevitable, political, security, or economic relationships.
Russia and NATO: Moscow’s Foreign Policy and the Partnership for PeaceFriday, May 06, 1994
This briefing examined what role Russia would play in the Partnership for Peace and NATO. It also looks at human rights concerns as well as military, security, and economic relations bewteen Russia and the West. Several complexities of this situation in the context of the post-communist period were addressed. Witnesses testifying at the briefing – including Lawrence DiRita, Deputy Director of Foreign and Defense Policy for the Heritage Foundation and Dr. Phillip Petersen, Principle Researcher for the Potomac Foundation – evaluated the Partnership for Peace Framework, which worked towards establishing partnerships with a number of European country, including those of the former Soviet Union. The role of Russian policy in this partnership was an especially debated topic.
CSCE to Examine Repression against Evangelicals in Former Soviet UnionWednesday, February 16, 1994
Chris Smith, ranking Republican on the Commission on Security and Cooperation in Europe, addressed both the opportunities for democratic, economic, and social reforms in Eastern Europe and the former Soviet Union, and the difficulties of achieving these reforms presented by renewed tensions based on nationality and religion. The rise of extreme nationalism was cited as a key factor in the rise of religious intolerance in this region. Witnesses testifying at the briefing – including Boris Pechatkin and Edward Zawistowski of the Russian-American Institute for Adaption, and Lauren Homer, Director of Law and Liberty Trust – addressed the difficulties that have been encountered in ending religious prosecution following the fall of the Soviet Union. The impact of a breakdown of law and order in the countries of Eastern Europe was evaluated as a mechanism for religious injustice.
Russia's Parliamentary Election and Constitutional ReferendumWednesday, December 01, 1993
This report is based on a Helsinki Commission staff delegation to Russia to observe the December 12, 1993 parliamentary election and constitutional referendum. Because of the importance of the event, and because charges had been leveled of improprieties and unfair access to the media, the Commission sent five staff members to Russia to observe the process for a period of more than two weeks. Michael Ochs and Orest Deychak went to Russia two weeks before the voting to monitor the pre-election campaign. The Commission's Senior Advisor, David Evans, and staff members John Finerty and Heather Hurlburt, arrived subsequently and remained through December 12, when they monitored balloting in various cities and regions. Despite a number of problems and irregularities, both during the campaign and the voting, the Helsinki Commission believes that the Russian voters were able to express their political will freely and fairly. The Russians have made genuine progress in bringing their electoral procedures into conformity with international standards, and the election itself represents a significant step in the ongoing process of democratization in Russia.
The Current State and Future Prospects of Democracy in RussiaWednesday, November 03, 1993
As its name suggests, this hearing, which Steny H. Hoyer presided over, dealt with the prospect for the implementation of democratic institutions in the former Soviet Union. In addition, though, part of the hearing focused on the Russian legislature’s dissolution after the presidency of Mikhail Gorbachev (i.e. post-Communism), as well as, of course, Russia and its formerly incorporated countries’ courses for the future. Witnesses who attended this hearing were: Michael Dobbs, Resident Scholar at the Wilson Center’s Kennan Institute; Dr. Leon Aron, Resident Scholar at the American Enterprise Institute; and Dr. Robert Krieble, Chairman of the Krieble Institute of the Free Congress Foundation.
CSCE Implementation Meeting on Human Dimension IssuesFriday, October 15, 1993
Against a backdrop of savage conflicts in Bosnia-Herzegovina, Nagorno Karabakh, and Georgia, attendant refugee crises throughout the region, and a wave of sometimes violent racism and xenophobia even in long-established European democracies, the participating states of the Conference on Security and Cooperation in Europe (CSCE) met in Warsaw, Poland in 1993 for the first biannual Implementation Meeting on Human Dimension Issues As specified by the 1992 Helsinki Document, the meeting included a thorough exchange of views on the implementation of Human Dimension commitments, consideration of ways and means of improving implementation, and an evaluation of the procedures for monitoring compliance with commitments. The dramatic unfolding over the course of the meeting of the showdown within the Russian government-- culminating in the shelling of the Russian Parliament building by government troops-- served as a sober reminder to participants of the vulnerability of democracy in transition and the importance of shoring up Human Dimension compliance.
Ethnic Violence in Trans-CaucasiaWednesday, August 11, 1993
Chairman Dennis DeConcini addressed rising ethnic violence in Armenia, Azerbaijan and Georgia and emphasized this region as more violent than other post-Soviet states. He referred to the continuing violence in Abkhazia, a separatist region in Georgia, and the rising concerns about further deterioration of stability in the region and Russia’s role in the conflict. Witnesses - Dr. Paul Henze, Ross Vartian, Mourad Topalian, Ambassador Hafiz Pashayev, and Ambassador John Maresca - highlighted the conflict between proponents of self-determination and governments insisting on territorial integrity and the difficulty of negotiating with sides that see completely different situations.
The Countries of Central Asia: Problems in the Transition to Independence and the ImplicationsThursday, March 25, 1993
This was the first Helsinki Commission hearing held on the Central Asian republics. The Commissioners and witnesses discussed five countries' transitions to independence, which were complicated by the presence of repressive regimes that maintained the old Soviet-style order and economic turmoil. Chairman DeConcini opened the hearing by noting that the presidents of four out of the five new Central Asian countries were former first secretaries of the Communist Party. Dr. Martha Olcott, professor of political science at Colgate University, expressed concern over the rise of extremist ideologies of nationalism and Islam in the region, which were fuelled by economic stagnation. Firuz Kazemzadeh, professor emeritus as Yale University, argued instead that the dominant threat in the region came from the projection of Russian influence. This was corroborated by Micah Naftalin, director of the Union Council for Soviet Jews, who detailed the KGB's role in silencing the press and repressing opposition in Turkmenistan, and the growth and diffusion of anti-semitism from Russia into Central Asia. A final testimony was offered by Adbumannob Pulatov, chairman of the Uzbekistan Society for Human Rights. Pulatov decried the lack of press freedom in Uzbekistan and urged Congress to continue its monetary support of Radio Liberty. In the end, all four witnesses cautioned that human rights concerns often take a back seat to other issues, and that doing so could jeopardize progress in the field.
Report: Russians in Estonia: Problems and ProspectsTuesday, September 01, 1992
In summer 1991, the Helsinki Commission examined the situation of Russians in Estonia, in the form of a chapter of a larger report on national minorities in the CSCE context. The present report is essentially an update, and was occasioned by the most significant event affecting the status of Russians in Estonia since the country regained its independence in_ September 1991. In February 1992, Estonia passed a law that restored citizenship only to citizens of the interwar Estonian Republic and their descendants. Consequently, the great majority of Estonia's Russians, most of whom came to Estonia after its forcible incorporation into the Soviet Union in 1940, did not automatically becom citizens of Estonia and could not vote in the country's first: national election after the restoration of its independent, statehood, held on September 20, 1992. Estonia's citizenship law and the resultant exclusion of about 40 percent of the resident population from voting elicited from Russians, both inside and outside Estonia, charges of discrimination and human rights violations. Russian government officials and parliamentarians protested Estonia's treatment of Russians in international forums, in the media, and in Washington and other Western capitals. Considering their allegations of human rights violations, the Helsinki . Commission sent two staffers to Estonia to talk to Russians and Estonians and Study the situation on the ground before the election and on election day. Their primary mission was not to observe the election per se and this is not an election report; in fact, the Commission believed that the Estonian election authorities were quite capable of organizing free and fair elections. Rather, the Commission hoped to examine the reasons for, and possible consequences of, Estonia's deliberate decision not to giye citizenship and the vote to. some 40 percent of the population. The following is a report of the Commission staffs investigation. Their research and conclusions are based on interviews and discussions conducted in Tallinn, Kohtla-Jarve, Sillamae and Narva. The last three cities are in northeast Estonia and are mostly populated by Russians.
PRESIDENTIAL ELECTIONS AND INDEPENDENCE REFERENDUMS IN THE BALTIC STATES, THE SOVIET UNION AND SUCCESSOR STATESThursday, July 02, 1992
1991 was the year of independence referendums and presidential elections in the republics of the Soviet Union. Not coincidentally, it was also the year the Soviet Union fell apart. Its Communist Party elite and institutions proved unable to continue ruling through intimidation or to overcome the powerful sweep of nationalism, stoked by the personal ambition of politicians and mediated through electoral politics. With varying defrees of satisfaction and eagerness, the Baltic States and the constituent republics struck out on their own. The following is a compilation of reports by the Helsinki Commission on presidential elections and independence referendums in the Baltic States, the Soviet Union, and successor states in 1991 and 1992.
Staff Delegation to Moscow, Georgia, Moldova and BelarusThursday, June 25, 1992
Each country visited by the delegation has its own particular problems, as they all cope with their newly acquired independence. Their implementation of CSCE commitments naturally reflects the political circumstances obtaining in the country at large. Belarus exhibits little evidence of ethnic conflict (the situation of the Polish minority, while worrisome, is unlikely to become a state-threatening crisis) and Belarus has historic and ethnic reasons to cleave to Russia, despite the breakup of the USSR. As in Turkmenistan, Belarus's post-Soviet "stability" appears to mean relatively little organized political activity and the survival in power of the renamed Communist Party elite. On the other hand, such "stability" retards growth away from Soviet reality. By contrast, Georgia and Moldova are far more unstable. They share the unhappy reality of ethnic war, exacerbated in Georgia by a bitter rift between supporters of the current and former authorities. As states without Slavic majorities and with historic reasons to fear Russian domination, their efforts to create a non-Soviet personality and structure have been accompanied by major disruptions and bloodshed, while their relations with Russia -- an important factor in their hopes to achieve stability -- have been stormy. Georgia is engulfed in bloody ethnic disputes (particularly in South Ossetia, where a multilateral peacekeeping force has restrained the violence, and Abkhazia) and a political conflict (between backers of ousted President Zviad Gamsakhurdia and Eduard Shevardnadze). Gamsakhurdia's removal by force last January is the key to Georgian politics today, as it determines the legitimacy -- or lack of legitimacy -- of the current government and the battle between adherents of the opposing sides. Whether stability can be attained under such circumstances, even after the scheduled October parliamentary election, is unclear. Consequently, prospects are uncertain in Georgia for resolving ethnic tensions and establishing a law-based state which observes human rights and protects national minorities. The chief concern in Moldova is the carnage of the civil war in Transdniestria. President Snegur and other officials emphasized their wish to find a just solution to the issue but were clearly concerned about the aggressive position of Russia, while two major political groups charged that the Snegur administration had gravely mishandled the crisis. Parliamentarians and government representatives outlined other areas in which Chisinau was attempting to reconcile various claims and interests of the ethnic Moldovan Romanophone majority with those of the many other ethnic groups in the country. The editor of the major Jewish newspaper in Chisinau reported a significant rise in Jewish cultural activities, but also detected signs of an increase in "day-to-day anti-Semitism." Evangelical Christian leaders reported that their churches were carrying on an extensive program of evangelization, despite what they considered a noticeable tilt in Moldovan "freedom of conscience" legislation toward the "national" Orthodox church. In Belarus, democratization has made relatively little progress. The Belarusian Popular Front and its allies have secured enough petition signatures to force a referendum on establishing a new parliament, but the Front fears that the old-line majority in the parliament will delay holding the referendum until it can reinforce its grip on power. The press is entirely subsidized by the government, limiting the opposition's ability to get its message out. There are at least four "secrecy" refuseniks in Belarus, and although a new "exit and entry" law is being drafted, OVIR officials defended the present practice of detaining emigration applicants for up to five years on the basis of their access to "secrets." The leader of the Belarus Baptist community was enthusiastic about the new freedoms and opportunities enjoyed by the church, and praised Supreme Soviet Chairman Shushkevich for his positive attitude toward believers in Belarus. In contrast, the Roman Catholic Archbishop of Minsk and Mogilev charged that Minsk was delaying the return of churches and church property to the church, apparently out of fear that the predominantly Polish-language church was part of a Polish irredentist movement in Western Belarus.
The New Commonwealth of Independent States: Problems, Perspectives, and U.S. Policy ImplicationsThursday, January 09, 1992
This hearing discussed the dissolution of the Soviet Union and the creation of a series of succeeding states. The hearing covered the theme of regional and ethnic divisions as key elements in the unpredicted dissolution of the Soviet Union. The witnesses covered the particular challenges of securing peaceful independence from the “commonwealth of former Soviet Republics” and the democratization process. The conversation centered on the human rights dimension and the process of newly created states signing on to several international treaties and obtaining memberships in international organizations.
Trip Report on South Africa, Namibia, Kenya, and Nigeria, August 4-19Tuesday, October 01, 1991
The dramatic realignment of relations between the Soviet Union and the United States has impacted significantly on developments in African states. A fundamental restructuring of internal and external political and economic systems has started to take shape and aspirations for more open and just societies based upon democratic principles are evident across the continent. While some changes have been made possible by the dramatic relaxation of superpower tensions, indigenous democratic movements toward democracy still face enormous barriers. African nations, with few exceptions, are in the midst of a very profound and prolonged economic depression. Other problems confronting Africa are of equally catastrophic proportions: exploding population growth; civil wars sometimes involving ethnic genocide; large displaced populations fleeing violence, persecution and starvation; a burgeoning debt crisis; ravaging famine and spreading diseases. Senator DeConcini visited Africa to study recent developments and examine how Africans are dealing with present demands, aspirations and problems. A corresponding objective of Codel DeConcini's visit to Africa was to examine the present economic, political and human rights developments and how the newly emerging political process known as the Conference on Security, Stability, Development and Cooperation in Africa (CSSDCA) intends to address and meet the unique challenges confronting Africa today.
Geneva Meeting on National Minorities and Moscow Meeting on the Human DimensionWednesday, July 31, 1991
The hearing will focus on two important CSCE meetings, the Geneva Experts Meeting on National Minorities. The Geneva meeting which recently ended was mandated to discuss national minorities, the meeting had three components: exchange of views on practical experience; review of the implementation of relevant CSCE commitments; and consideration of new measures. The distinguished speaker will outline the major points of the Geneva meeting and how the United States can best utilize its success while moving towards the upcoming human dimension meeting in Moscow.
Referendum in the Soviet UnionSunday, March 17, 1991
Mikhail Gorbachev's March 17, 1991 referendum on maintaining the USSR as a "renewed federation" was the first in Soviet, or Russian, history. As the following report makes clear, the referendum was not merely an exercise in public opinion polling or a guide to policymakers. It was intended to give Gorbachev a popular mandate for pressuring the newly elected legislatures of the Baltic States and Soviet republics seeking independence or greater sovereignty. In this light, the referendum amounted to an attempt to use democratic methods to undermine the results of democracy. Its other purposes aside, however, Gorbachev's referendum does represent an aspect of the democratization of Soviet politics that has taken place since 1985. The Helsinki Commission has carefully tracked this process through public hearings and extensive staff reports on perestroika and on the Baltic States. In 1990, in accordance with its mandate to monitor and promote compliance with the provisions of the Helsinki Final Act and subsequent CSCE documents, the Commission sent staffers to observe parliamentary elections in the Baltic States and the Soviet republics. A compendium of their reports was published in December 1990. This year, Commission staffers monitored the March 3 "counter-referendums" on independence held in Latvia and Estonia, at the invitation of their parliaments and governments. The Commission also sent staffers to observe the conduct of the voting on March 17 in Latvia, Russia, Ukraine and Kazakhstan, and on March 31 observed Georgia's plebiscite on independence. The following report reflects their on-site observations, supplemented by subsequent published reportage about the referendum, and contains as well an analysis· of the referendum's implications. In retrospect, perhaps the most striking thing about the referendum is how little notice the Soviet and international media now pay to an event depicted as "historic." To some extent, the fast pace of change in Soviet politics precludes lingering on last month's news. But the lack of attention also reflects the referendum's minimal impact: as a stategem, it was flawed; as policy, it was irrelevant, since the jurisdictional disputes in the USSR between center and republics had already gone too far for mere strategems to be effective. In fact, the failure of the March referendum to deliver what its initiators sought was its greatest contribution to Soviet politics, since it helped produce the "April Pact" between Gorbachev and leaders of nine republics. That agreement, if followed through sincerely, promises to be a watershed in the decentralization and democratization of the Soviet Union, and may prove genuinely "historic."
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