Title

The Magnitsky Act at Five

Thursday, December 14, 2017
9:30am
Dirksen Senate Office Building, Room 562
Washington, DC
United States
Assessing Accomplishments and Challenges
Official Transcript: 
Members: 
Name: 
Senator Roger Wicker
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Representative Chris Smith
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Senator Ben Cardin
Title Text: 
Ranking Member
Body: 
Commission on Security and Cooperation in Europe
Name: 
Senator Cory Gardner
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Senator Jeanne Shaheen
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Senator Sheldon Whitehouse
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Representative Steve Cohen
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Representative Sheila Jackson Lee
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Representative Gwen Moore
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
William Browder
Title: 
CEO
Body: 
Hermitage Capital Management
Name: 
Hon. Irwin Cotler, PC, OC
Title: 
Chair
Body: 
Raoul Wallenberg Center for Human Rights
Name: 
Garry Kasparov
Title: 
Chairman
Body: 
Human Rights Foundation

In 2009, Russian tax lawyer Sergei Magnitsky was brutally murdered in prison after uncovering the theft of $230 million by corrupt Russian officials. On December 14, 2012, the Sergei Magnitsky Rule of Law Accountability Act was signed into law in the United States, establishing punitive sanctions – including financial freezes and visa restrictions – for those complicit in Magnitsky’s murder and other human rights abuses in the Russian Federation.  For the past five years, the Magnitsky Act has served as a basis for fighting corruption in Russia and the Putin regime’s systematic violations of the human rights of Russian citizens.

On the fifth anniversary of the Magnitsky Act, the Helsinki Commission examined the implementation of the legislation, the resistance of the Russian government to it, and the impact of sanctions on senior members of Putin’s inner circle. The Commissioners heard testimony from William Browder, CEO of Hermitage Capital Management, Garry Kasparov, Chair of the Human Rights Foundation, and the Hon. Irwin Cotler, PC, OC, Chair of the Raoul Wallenberg Centre for Human Rights.

Sen. Roger Wicker (MS), Chairman of the Helsinki Commission, began by recognizing the retirement of Amb. David Killion, Chief of Staff of the Commission since 2014, and thanking Amb. Killion for his service. Before introducing the witnesses, Sen. Wicker condemned the corruption plaguing the Russian government, and quoted the murdered Russian opposition politician Boris Nemtsov, who called the Magnitsky Act “the most pro-Russian law passed in the United States.”

Rep. Chris Smith (NJ-04), Co-Chairman of the Commission, criticized the Russian government’s response to the Magnitsky Act. He described the harm done to vulnerable Russian orphans by their government’s decision to ban American parents from adopting children from Russia. Mr. Smith also noted that he and many other Americans involved in the passage of the Magnitsky Act have since been denied visas to enter Russia. This response, he said, shows that the Magnitsky Act “struck right to the heart of the Kremlin’s elite.”

Sen. Ben Cardin (MD), the Helsinki Commission’s ranking senator, praised the witnesses for their commitment to promoting human rights in Russia, and thanked the members of the Helsinki Commission and other members of Congress who played a role in the passage of the Magnitsky Act. Mr. Cardin also recognized the passage of Magnitsky legislation in Canada, Estonia, Lithuania, and the United Kingdom, and recalled the power of American leadership on human rights, noting that, “when we lead, we find that other countries follow.”

William Browder, the first witness to testify, recalled the historic nature of the Magnitsky Act.

“On the day it passed, I could never have predicted how far the Magnitsky Act would spread around the world,” he said. “Without exaggeration, it has become the most important piece of human rights legislation passed in this century.”

He also called attention to the future of the Magnitsky movement, noting that the parliaments of Ukraine, South Africa, and Gibraltar are considering introducing similar legislation. In closing, Mr. Browder presented several suggestions to the Commission, including adding additional names to the list of sanctioned individuals, and encouraging other G7 countries to adopt Magnitsky legislation.

Garry Kasparov reiterated that the targeted sanctions imposed by the Magnitsky Act only apply to corrupt officials, and not the Russian people.

“Russian national interest and Putin’s interests are diametrically opposed in nearly every way,” he said. “This is why legislation that targets Putin and his mafia is pro-Russian, not anti-Russia.”

Mr. Kasparov observed that the Kremlin’s reaction proved the worth of the Magnitsky Act, and that, “it is essential to increase the pressure, to continue with what works now that the right path has been confirmed.” 

At the conclusion of his testimony, Kasparov observed that “Putin and his gang . . . aren’t jihadists or ideologues, they are billionaires. . . .  Follow the money, the real estate, the stock and reveal it, freeze it, so that one day it can be returned to the Russian people from whom it was looted.”  More succinctly in a follow-up question, he quipped, “Banks, not tanks.”

Irwin Cotler gave an overview of the passage of the Canadian Magnitsky Act, and described the goals of the global Magnitsky movement.

The aim of Magnitsky legislation is “to combat the persistent and pervasive culture of corruption, criminality, and impunity and the externalized aggression abroad, of which Putin’s Russia is a case study” and “to deter thereby other prospective violators,” he said.

Passing such legislation also “tells human rights defenders, the Magnitskys of today, that they are not alone, that we stand in solidarity with them, that we will not relent in our pursuit of justice for them, and that we will undertake our international responsibilities in the pursuit of justice.”

Relevant countries: 
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I am eager to begin restoring constructive cooperation between our countries, but we simply cannot do so while these innocent men languish in wrongful and prolonged detention.” “These arbitrary arrests are yet another example of Turkey’s deteriorating democracy and respect for human rights under autocrat President Erdogan,” said Sen. Durbin.  “That Erdogan continues to jail a U.S. citizen and Turkish staff that work for our consulates, not to mention prop up Venezuela’s Nicolas Maduro, warrant greater action by the Trump Administration.” “Erdogan’s government continues to undermine the rule of law in Turkey, including by targeting American citizens and locally-employed U.S. diplomatic staff.  I’m proud to join this bipartisan effort to hold senior Turkish officials who are knowingly responsible for the wrongful detention of or politically-motivated false charges against American citizens and U.S. local employees at our diplomatic posts accountable,” Sen. Rubio said. “The Turkish government must live up to its commitment and act like a NATO ally if they wish to continue to be treated like one.” “While the Turkish government made a step in the right direction with the release of Pastor Andrew Brunson last October, more needs to be done for Turkey to show good faith and act like a NATO ally,” said Sen. Tillis, co-chair of the Senate Human Rights Caucus. “This bipartisan legislation will impose sanctions on those responsible for the wrongful imprisonments of American citizens and diplomatic staff, and I hope progress will be ultimately made through the release of Serkan Gölge and other U.S. citizens currently imprisoned in Turkey.” “Turkey’s blatant disregard for the rights of American citizens and diplomatic staff within their country is unacceptable. This legislation makes clear to Turkey that we will not accept the status quo. 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He was sentenced to four and a half years in jail, but released on time served. Two other local staff from the U.S. Consulate General in Istanbul, Metin Topuz and Mete Canturk, remain in custody or under house arrest on similar trumped-up charges. After 18 months in jail, Metin had his first court hearing last month. The court adjourned his trial until May 15. In November 2017, the Helsinki Commission held a hearing on the detention of American citizens and U.S. consulate employees in Turkey. In the months prior to the hearing, Helsinki Commission leaders raised these cases in letters to President Erdogan and President Trump.

  • The U.S. must stand up to Erdogan and his politically motivated detentions

    Last fall, Americans rejoiced as the pastor Andrew Brunson, a North Carolina native, returned home after spending more than two years in Turkish prisons on baseless terrorism and espionage charges. A combination of congressional pressure and targeted sanctions on Turkish officials sent a clear message to President Recep Tayyip Erdogan that the United States would not tolerate his using Brunson as a pawn to extract political concessions. Faced with mounting political and economic costs, Erdogan caved. Sadly, the pastor’s release did not put an end to Erdogan’s hostage-taking. Today, the Turkish government continues to hold at least one American citizen and two Turkish employees of the U.S. government on false charges. Erdogan plans to inflict misery on these innocent people until he gets what he wants out of the United States — whether that is a green light to attack Kurdish strongholds in northern Syria, taking legal action against Fethullah Gulen and his followers in the United States, or U.S. acquiescence to Turkey’s purchase of a Russian air defense system. Such attempts at extortion are all the more galling coming from Turkey, an important NATO ally that is not acting like one. American citizen and NASA physicist Serkan Golge is serving a five-year prison sentence for alleged involvement in terrorism, despite no credible evidence of wrongdoing. Turkish police have also used false terrorism charges to detain three longtime Turkish employees of U.S. consulates in the country: Hamza Ulucay, Metin Topuz, and Mete Canturk. Golge and Topuz are in solitary confinement, where they have spent up to two-and-a-half years with only an hour of fresh air per week. Ulucay was released earlier this year after being held for nearly two years. Canturk remains under house arrest, and his family is subject to travel bans and regular police check-ins. These men are all innocent. Not only have they lost irreplaceable time with their families, but the physical and psychological toll of their ordeal also means they may never be the same once they regain their liberty. The United States did not tolerate the politically motivated detention and mistreatment of a U.S. citizen in the case of Pastor Brunson. We should not tolerate those acts now with Golge or longtime U.S. government employees. As the United States increased pressure on Turkey over Brunson, it simultaneously tried to cut a deal with Erdogan for the freedom of the other detainees. By now, it is abundantly clear that no amount of coaxing will secure their freedom. Any negotiation over their fate would only reward Erdogan’s bad behavior. As with Brunson, only stiff political and economic pressure will work. This week, I introduced the bipartisan Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act of 2019, which would require the president to impose sanctions on all senior Turkish officials responsible for these wrongful detentions, including barring them from travel to the United States and freezing any assets they have here. The bill further calls on President Trump to urge Turkey to restore due-process guarantees and respect for the fundamental freedoms of all its people, thousands of whom are victims of the same sort of politically motivated prosecution and indefinite detention endured by our citizens and consulate personnel. The United States has a particular moral obligation to protect our own citizens. Golge’s wrongful imprisonment at the hands of the Turkish government cannot stand. We also have moral obligations to our local staff overseas. Thousands of citizens of other countries work at U.S. government facilities around the globe, lending their diverse expertise to critical U.S. missions, often at great risk to themselves and their families. The credibility of the United States is at stake in the eyes of these courageous individuals who place their trust and safety in our hands. The fate of their colleagues in Turkey weighs heavily on the minds of our consular staff, as it does on our national conscience. No effort should be spared until they are free.

  • U.S. senators introduce bill to sanction Turkish officials over detentions

    Two U.S. senators on Tuesday introduced a bipartisan bill requiring the imposition of sanctions on Turkish officials responsible for the detentions of U.S. citizens and local consulate staff in Turkey, a statement on the legislation said. The bill, introduced by Republican Senator Roger Wicker and Democrat Ben Cardin, also calls on President Donald Trump to urge Turkey to respect for the fundamental freedoms, saying thousands were victims of politically-motivated prosecution. “The Turkish government’s false imprisonment of Americans and Turkish citizens employed by the United States in Turkey is a gross violation of their human rights,” Senator Cardin said in the statement. “Our bill makes clear that the United States will not tolerate years of Turkish recalcitrance on these cases.” The detention of U.S. consulate workers and American citizens is one of many issues dividing NATO allies Ankara and Washington, also at loggerheads over Syria policy and Turkey’s planned purchase of Russian missile defenses. Their detentions prompted Washington in October 2017 to suspend all non-immigrant visa applications from the country, triggering a reciprocal move from Ankara that contributed to a deep crisis in bilateral ties. The bill introduced Tuesday would require the U.S. administration to impose sanctions on all senior Turkish officials responsible for the “wrongful” detentions of U.S. citizens and staff, including barring the officials from travel to the United States and freezing any U.S. assets. Turkey has detained tens of thousands of people following a failed coup in July 2016, saying they were linked with the network of Fethullah Gulen, a U.S.-based Islamic cleric blamed by Ankara for orchestrating the putsch. U.S. pastor Andrew Brunson was among those jailed in the aftermath of the coup. He was released last October. “While the Turkish government made a step in the right direction with the release of Pastor Andrew Brunson last October, more needs to be done for Turkey to show good faith and act like a NATO ally,” said Republican Senator Thom Tillis, one of six original sponsors of Tuesday’s bill. Serkan Golge, a dual Turkish-U.S. citizen, was found guilty of being a member of an armed terrorist organization earlier this year and sentenced to seven years, six months in prison. Three other Turkish citizens who were working at the U.S. consulates in Turkey have been under investigation or jailed over similar charges. A Turkish court last month ruled that one of the consular workers, Metin Topuz, a translator and fixer in Istanbul, should remain in jail until his trial resumes in June.

  • Developments in Hungary

    At this Helsinki Commission briefing, Susan Corke, Senior Fellow and Director of the Transatlantic Democracy Working Group at the German Marshall Fund; Melissa Hooper, Director of Human Rights and Civil Society at Human Rights First; and Dalibor Rohac, Research Fellow at the American Enterprise Institute explored recent developments in Hungary, including issues related to the rule of law and corruption. “Every nation that raises its voice for liberty and democracy matters, whether that’s a country that’s as big as the United States and with as large an economy as we have in America, or a smaller country. They’re each valuable. Each time one falls, each time a country – no matter how small – each time it moves away from democracy and moves towards a different system of governance, the capacity for the world to continue to deliver freedom for human beings is diminished. And so I would urge every country, no matter its size . . . to stay focused, maintain its commitment.” – Secretary of State Michael R. Pompeo, February 12, 2019 Mr. Rohac discussed Hungary’s measurable decline on various indicators of good governance and the rule of law; patterns of politically organized corruption; and the implications of developments in Hungary for the United States. He observed that Hungary has experienced a steady erosion of freedom, the rule of law, and quality of governance according to virtually any indicator, including the assessments of the World Bank, the Heritage Foundation, and the Cato Institute. He noted that the Heritage Foundation’s index of economic freedom places the protection of property rights in Hungary in the mostly unfree territory. This stems in part from the seizure of pension fund assets as well as the concentration of ownership in the hands of Fidesz-connected oligarchs. The same index notes a marked decline in government integrity measures, placing Hungary into the oppressed territory on those sub- indices, with a score dramatically worse than in 2009. While Mr. Rohac observed that corruption is a problem across central Europe and across post-communist countries, Hungary’s case is notable for the extent to which corruption has been embedded into the political system, centralized, connected to the ruling party, and has served as a mechanism of political patronage and political mobilization. “[T]here is something special about the nexus of legal patronage and graft and authoritarianism. The two cannot be separated.” Panelists also described something of a paradox. On the one hand, the Orban government has exploited EU funds to build its corrupt oligarchy. Tax and procurement-related irregularities have been cited by the EU anti-corruption agency OLAF as the source of millions in suspect deals involving Orban’s family and friends, many of which also involve Russian state actors. On the other hand, the EU – precisely because it is not a federal government but depends on the consent of the EU member states – has limited ability to rein in this corruption and hybrid forms of governance. Mr. Rohac asserted that this embrace of crony authoritarianism by Hungary is a direct threat to U.S. interests in the region as well as to the West’s interests more broadly. He rejected the notion that competing for positive influence in the region means we should not hold our allies to high standards. He suggested that such a view is enormously detrimental because it’s precisely the authoritarianism, the graft, and the cronyism that opens the way for foreign revisionist powers to enter Hungary and influence the country, pulling it away from the West.  “The U.S. stood by Central European nations as they liberated themselves from communism in the 1990s, in the 90s when they joined the ranks of self-governing free nations of the West,” he observed. “The idea that the U.S. should now either be silent or cheerleader for policies that are now driving Hungary away from the West strikes me as a particularly misguided one.” Ms. Corke described the concerns about trends in Hungary and other countries in the Euro-Atlantic region which led to the formation of a bipartisan group, the Transatlantic Democracy Group, focused on democratic erosion and the need for U.S. leadership.  She joined with 70 signers for NATO’s 70th anniversary on a declaration to reaffirm commitment to democracy.  Ms. Corke is sometimes asked, “why is your group so concerned about Hungary? It’s a small country. Why are you so concerned about Central European University?” She observed that Central European University is a joint American-Hungarian institution and Victor Orban’s campaign against it is a highly symbolic move against a vital institution founded to promote the transatlantic values of democracy, openness, and equality of opportunity and was therefore a direct challenge to the United States. She concluded that Moscow is using Hungary and other NATO members as backdoors of influence, and that Hungary’s centralized, top-down state has enabled an increasingly centralized, top-down system of corruption. Ms. Corke also suggested that a lesson learned from recent developments in the region is that transparency is a necessary, but alone insufficient, condition to fight corruption.  She asserted that the concept of a linear progression of democracy is outdated and new approaches to supporting civil society are needed. In addition, Ms. Hooper stated that while the Obama-era policy of limited high-level engagement precluded some of the Hungarian government’s controversial actions, it did not appear to motivate fundamental change. The Trump-era policy of transactional engagement devoid of values has fared no better, she said, and the U.S. should therefore re-examine its policy toward Hungary.  First, the United States should reinvest in democracy promotion.  Second, the United States should announce publicly that it is reintroducing support for civil society in the region, and specifically in Hungary, due to a decline in the government’s ability to or interest in protecting democratic institutions.  Third, Congress should be more vocal and pointed in expressing its concern and even alarm in Hungary’s antidemocratic movement and should support for individuals such as journalists or other members of watchdog organizations that are targeted by government campaigns or blacklists.  Finally, the United States should not shy away from applying targeted sanctions, such as the Global Magnitsky law, when clear lines are crossed. When visa bans were used against some officials in 2014, they had an impact in Hungary. Background materials available for the briefing included panelist biographies; Department of State materials including statements by Secretary Michael Pompeo and U.S. Ambassador to Hungary David Cornstein; recent Helsinki commission statements and publications; and the United States Holocaust Memorial Museum FAQs on the Holocaust in Hungary.

  • Helsinki Commission Briefing to Explore Recent Developments in Hungary

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: DEVELOPMENTS IN HUNGARY Tuesday, April 9, 2019 10:00 a.m. Longworth House Office Building Room 1539 Live Webcast: www.facebook.com/HelsinkiCommission At this Helsinki Commission briefing, panelists will explore recent developments in Hungary, including issues related to the rule of law and corruption. The following panelists are scheduled to participate: Susan Corke, Senior Fellow and Director, Transatlantic Democracy Working Group, German Marshall Fund Melissa Hooper, Director of Human Rights and Civil Society, Human Rights First Dalibor Rohac, Research Fellow, American Enterprise Institute

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