Title

Prerequisites for Progress in Northern Ireland

Wednesday, March 21, 2012
United States
Members: 
Name: 
Hon. Christopher Smith
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon Michael Burgess, M.D.
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Eliot Engel
Title Text: 
Member of Congress
Body: 
The United States House of Representatives
Witnesses: 
Name: 
Geraldine Finucane
Title: 
Widow of Murdered Human Rights Lawyer Patrick Finucane
Name: 
Christopher Stanley
Title: 
Lawyer
Body: 
British-Irish Rights Watch
Name: 
Mark Thompson
Title: 
Director
Body: 
Relatives of Justice
Name: 
Patricia Lundy
Title: 
Senior Lecturer
Body: 
University of Ulster
Name: 
Brian Gormally
Title: 
Director
Body: 
Committee on the Administration of Justice

This hearing assessed the progress towards peace made in Northern Ireland and discussed ways to ensure the sustainability of the peace.  Witnesses condemned the British government for backtracking on the Good Friday Agreement, as well as the United States for not putting enough pressure on Great Britain. Witnesses identified the murder of human rights lawyer Patrick Finucane, whose widow Geraldine was in attendance, as an obstacle to peace.

Relevant countries: 
Leadership: 
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  • What is the OSCE Doing in Ukraine?

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  • I Was Locked Up and Tortured by Putin’s Spooks

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  • It's Time to Hold the Azerbaijan Regime Accountable

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  • Helsinki Commission Chair Welcomes Release of Leyla Yunus as “First Step”

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  • The Rule of Law and Civil Society in Azerbaijan

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  • Helsinki Commission Briefing to Examine Serious Decline in Respect for Human Rights in Azerbaijan

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  • The Russian Government Violates Its Security, Economic, Human Rights Commitments and Agreements

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The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails.  In respect of military security, under the 1994 Budapest Memorandum Russia reaffirmed its commitment to respect Ukraine’s independence, sovereignty, and existing borders. Russia also committed to refrain from the threat or use of force or economic coercion against Ukraine. There was a quid pro quo here: Russia did this in return for transferring Soviet-made nuclear weapons on Ukrainian soil to Russia.  Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act. It appears these are not isolated instances. In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments such as the Vienna Document and binding international agreements, including the Conventional Forces in Europe (CFE), Intermediate Nuclear Forces (INF), and Open Skies treaties.  In respect of commercial issues, the ongoing claims regarding the Russian government’s expropriation of the Yukos Oil Company are major tests facing the Russian government. In July 2014, GML Limited and other shareholders were part of a $52 billion arbitration claim awarded by the Hague Permanent Court of Arbitration and the European Court of Human Rights (ECHR).  In response, the Russian government is threatening to withdraw from the ECHR and seize U.S. assets should American courts freeze Russian holdings on behalf of European claimants, while filing technical challenges that will occupy the courts for years to come. All of this fundamentally calls into question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms such as that of the Hague.  I note that U.S. Yukos shareholders are not covered by the Hague ruling for their estimated $6 billion in losses. This is due to the fact that the United States has not ratified the Energy Charter Treaty, under which European claimants won their case, as well as the continued absence of a bilateral investment treaty with Russia. This has handicapped U.S. investors in Russia’s energy sector, leaving them solely dependent of a State Department espousal process with the Russian government.  We were all relieved to learn that Mr. Kara-Murza is recovering from the attempt on his life—by poisoning—in Russia earlier this year. His tireless work on behalf of democracy in Russia, and his personal integrity and his love of his native country is an inspiration—it is true patriotism, a virtue sadly lacking among nationalistic demagogues.  Sadly, the attempt on Mr. Kara-Murza’s life is not an isolated instance. Others have been murdered—most recently Boris Nemtsov—and both his and Mr. Kara-Murza’s cases remain unsolved.  In other cases, such as the abductions, unjust imprisonments, and abuses of Nadiya Savchenko, Oleg Sentsov, and Eston Kohver, we are dealing the plain and public actions of the Russian government. Nadiya Savchenko, a Ukrainian pilot and elected parliamentarian, was abducted by Russian government agents, imprisoned, subjected to a humiliating show trial, and now faces 25 years in prison for allegedly murdering Russian reporters—who in fact were killed after she was in Russian custody.  Meanwhile, a Russian court has sentenced Ukrainian film director Oleg Sentsov on charges of terrorism. Tortured during detention, Sentsov’s only transgressions appear to be his refusal to recognize Russia’s annexation of the peninsula and his effort to help deliver food to Ukrainian soldiers trapped on their Crimean bases by invading Russian soldiers. And the kidnaping and subsequent espionage trial against Estonian law enforcement officer Eston Kohver demonstrates the Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders.  The Magnitsky Act that I had the honor to co-sponsor was in part meant to address human rights abuses such as these. It sanctions those involved in the abuse, and works to discourage further human rights violations while protecting those brave enough to call attention to their occurrence. It troubles me greatly to hear that the Administration’s listings of sanctioned individuals has thus far only targeted ‘minor players,’ rather than those who pull the strings.  

  • Russian Violations of the Rule of Law: How Should the U.S. Respond? 3 Case Studies

    This hearing, held on October 20, 2015, discussed Russia's compliance with the rule of law across the three dimensions of the OSCE: military security, commercial, and human rights committments.  The witnesses focused their testimonies on three particularly relevant case studies: arms control agreements, the Yukos litigation, and instances of abduction, unjust imprisonment and abuse of prisoners.

  • Helsinki Commission Chair Chris Smith Shines Light on Egregious Rule-of-Law Abuses by Russian Government

    WASHINGTON—At a Congressional hearing today, the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, spotlighted the many recent violations of the rule of law committed by the Russian government. “Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act,” said Helsinki Commission Chairman Rep. Chris Smith (NJ-04), who called the hearing. “At stake is the hard-won trust between members, now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails.” “Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act.  It appears these are not isolated instances.  In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments,” Smith continued. “[I also] question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms...[and recent government actions] demonstrate Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders.” Witness testimony highlighted case studies corresponding to each of the three dimensions of comprehensive security established by the Organization for Security and Cooperation in Europe (OSCE): politico-military security; economic and environmental security; and human rights and fundamental freedoms. Tim Osborne, executive director of GML Ltd., the majority owner of the now-liquidated Yukos Oil Company, said, “It is clear that the Russian Federation is not honoring its obligations and commitments under the rule of law or in a manner consistent with the Helsinki process.  Russia’s tendency, more often than not, has been to ignore, delay, obstruct or retaliate when faced with its international law responsibilities…Russia cannot be trusted in international matters and that even when it has signed up to international obligations, it will ignore them if that is what it thinks serves it best.” “Russia had engaged in the uncompensated expropriation of billions of dollars of U.S. investments in Yukos Oil Company,” observed former U.S. Under Secretary of State for Economic, Business and Agricultural Affairs Ambassador Alan Larson. “American investors—who owned about 12 percent of Yukos at the time of the expropriation—have claims worth over $14 billion, and they are entitled to compensation under international law even though they have no option for bringing claims directly against the Russian Federation.” Vladimir Kara-Murza, a well-known Russian activist and the coordinator of the Open Russia Movement, said, “Today, the Kremlin fully controls the national airwaves, which it has turned into transmitters for its propaganda…the last Russian election recognized by the OSCE as conforming to basic democratic standards was held more than 15 years ago.” “There are currently 50 political prisoners in the Russian Federation,” Kara-Murza continued. “These prisoners include opposition activists jailed under the infamous ‘Bolotnaya case’ for protesting against Mr. Putin’s inauguration in May 2012; the brother of anti-corruption campaigner Alexei Navalny; and Alexei Pichugin, the remaining hostage of the Yukos case.” “A clear pattern emerges when one looks at Russia’s implementation of its arms control obligations overall,” observed Stephen Rademaker, former Assistant Secretary of State for Arms Control and International Security and Nonproliferation. “Should Moscow conclude such agreements have ceased to serve its interest, it will ignore them, effectively terminate them, violate them while continuing to pay them lip service, or selectively implement them…Russia believes that this is how great powers are entitled to act, and today Moscow insists on acting and being respected as a great power.” Chairman Smith was joined at the hearing by a panel of lawmakers including Commission Co-Chairman Senator Roger Wicker (MS) and Representative Robert Aderholt (AL-04).

  • Russian Rule-of-Law Abuses to Be Examined at Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Russian Violations of the Rule of Law: How Should the U.S. Respond? 3 Case Studies” Wednesday, October 21 2:00 PM Rayburn House Office Building Room 2255 Live Webcast: http://bit.ly/1VRaf3G The actions of the Russian government have raised questions about Russia’s failure to respect its commitment to the rule of law in the areas of military security, commerce, and laws bearing on human rights – each corresponding to one of the three dimensions of security established by the Organization for Security and Cooperation in Europe (OSCE).   Using the Helsinki Final Act as a basis for discussion, the hearing will focus on security violations of the Budapest Memorandum; the Conventional Armed Forces in Europe (CFE), Open Skies, Intermediate Range Nuclear Forces (INF) treaties, and the Vienna Document.  Regarding international legal and commercial agreements such as the Energy Charter Treaty, the New York Convention and bilateral investment treaties the hearing will review developments in the Yukos Oil case.  On human rights, it will inquire into cases of abduction/unjust imprisonment, torture, and abuse, including those of Nadiya Savchenko, Oleg Sentsov, and Eston Kover.   The following witnesses are scheduled to testify: Vladimir Kara-Murza, Coordinator, Open Russia Movement Alan Larson, Senior International Policy Advisor with Covington & Burlington LLP, former Under Secretary of State for Economics and Career Ambassador, U.S. State Department      Tim Osborne, Executive Director of GML Ltd. - the majority owner of the now liquidated Yukos Oil Company Stephen Rademaker, Principal with the Podesta Group, Former Assistant Secretary of State for the U.S. State Department Bureau of Arms Control and the Bureau of International Security and Nonproliferation

  • Bipartisan Congressional Delegation Represents US at OSCE Parliamentary Assembly; Also Visits Ukraine, Czech Republic

    Forty years after the signing of the Helsinki Final Act established the precursor to today’s Organization for Security and Cooperation in Europe (OSCE), five members of the Helsinki Commission and four other members of Congress traveled to the OSCE Parliamentary Assembly Annual Session in Helsinki to demonstrate the U.S. commitment to confronting Russian aggression in Ukraine and elsewhere. Led by Commission Co-Chairman Senator Roger F. Wicker (MS), the bicameral, bipartisan delegation organized by the Helsinki Commission included Commission Chairman Representative Chris Smith (NJ- 04); House Commissioners Robert B. Aderholt (AL-04), Steve Cohen (TN-09) and Alan Grayson (FL-09); and Representatives Gwen Moore (WI-04), Michael Fitzpatrick (PA-08), Richard Hudson (NC-08) and Ruben Gallego (AZ-07). Before attending the Annual Session from July 5 to 7, several members of the delegation also visited Ukraine and the Czech Republic. A central concern to the delegation throughout the trip was Russia’s restrictions on democracy at home and aggression in Ukraine, along with Russia’s threat to European security.

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