Religious Freedom in Eurasia

Mr. President, I rise to address the barbaric practices that constitute torture as we mark the United Nations Day in Support of the Victims of Torture. Astonishingly, an estimated 500,000 victims of torture live in the United States today, including many in my home State of Colorado. The United States has provided vital leadership in the campaign to prevent torture around the world. The United States must not equivocate on this most basic of human rights. While the United States has consistently spoken out forcefully against the use of torture around the world, serious questions have been raised suggesting U.S. complicity in torture as part of the war against terrorism. This prompted me to join other members of the Helsinki Commission in writing to the White House recently urging an investigation of "serious allegations that the United States is using torture, both directly and indirectly, during interrogations of those suspected of terrorism." Against this backdrop, I urge the administration to issue a forthright statement on torture. In his State of the Union Address, President Bush described the horrific forms of torture employed by the Hussein regime and concluded, "If this is not evil, then evil has no meaning." Even as experts document the scope of torture in Iraq, there must be no doubt concerning U.S. policy and practice. As Cochairman of the Helsinki Commission, I am particularly concerned that torture remains a tolerated if not promoted practice by come countries, even within the membership of the 55-nation Organization for Security and Cooperation in Europe, OSCE. In some places, like Uzbekistan, members of the political opposition or religious minorities are especially likely to be the victims of torture. Tragically, two more people there have joined the long list of those who have died in custody amid credible allegations of abuse and torture, just weeks after the European Bank for Reconstruction and Development hosted a prestigious meeting in Tashkent, and days after the Secretary of State determined Uzbekistan is eligible for continued U.S. assistance. Moreover, the shortsighted practice of making martyrs out of Islamic extremists may have exactly the opposite effect the government claims to be seeking in its efforts to combat terrorism. In Georgia, torture and abuse comes hand in hand with police corruption. In the most recent State Department Country Report on human rights in Georgia, the Department stated: "[s]ecurity forces continued to torture, beat, and otherwise abuse detainees.... NGOs also blamed several deaths in custody on physical abuse, torture, or inhumane and life-threatening prison conditions." Even President Shevardnadze has, in the past, acknowledged the prevalence of abuse against detainees and prisoners. I welcome a new initiative of the OSCE Mission in Georgia to combat torture, but I would also note that antitorture initiatives have come and gone in Georgia with little to show for it. Without real political will, I am afraid this latest initiative may end up like the others. In Turkey--a country which has been given particular attention by the Helsinki Commission--even the doctors who treat the victims of torture have become targets themselves. Their offices have been raided, records seized, and even some doctors have been arrested and tortured. Moreover, the patients of these doctors, all of whom have already suffered at the hands of the authorities, have often been rearrested, retortured and recharged based on their testimonies given to the medical authorities. As a result of these practices, Turkey has been repeatedly sanctioned by the European Court of Human Rights. The Turkish nongovernmental organization, the Human Rights Foundation, appears to be making some headway in defending these doctors. Last year, Turkey's Grand National Assembly has passed significant legislation with severe penalties for those convicted of torture. A major effort still needs to be made to conform the application of the law in the regional courts of Turkey with the intent of the parliamentarians. The Helsinki Commission will continue to monitor developments in Turkey and the implementation of this law. In the 1999 OSCE Istanbul Charter, the participating States committed themselves to "eradicating torture and cruel, inhumane or degrading treatment or punishment throughout the OSCE area. To this end, we will promote legislation to provide procedural and substantive safeguards and remedies to combat these practices. We will assist victims and cooperate with relevant international organizations and nongovernmental organizations, as appropriate." Clearly a strategy to confront and combat torture must emphasize prevention of torture, prosecution of those who commit torture, and assistance for the victims of torture. As we mark the United Nations Day in Support of the Victims of Torture, I note the good work being done by the Rocky Mountain Survivors Center, located in Denver. The center is part of a nationwide network committed to assisting the victims of torture living in the United States.

Mr. Speaker, in March 2002, the United States and Uzbekistan signed a declaration proclaiming a "Strategic Partnership" between our countries. This former Soviet republic, with the largest population of the five Central Asian countries, has played an important role in assisting the United States after 9/11, and I am grateful for that.   At the same time, as Chairman of the Helsinki Commission, I have deep concerns about the human rights situation in Uzbekistan, where no political opposition, no freedom of speech nor freedom of association are permitted. As a result of this situation, Congress has conditioned the release of financial assistance to Uzbekistan upon a determination by the Secretary of State that Tashkent is making "substantial and continuing progress" in meeting commitments specified in the March 2002 bilateral declaration, including in the field of human rights. The Secretary has twice--on August 26, 2002 and May 14, 2003--made such a determination.   Regrettably, there has been no "substantial and continuing progress" in the field of human rights in Uzbekistan. True, a human rights group has been registered, censorship has formally been lifted, and there have been amnesties, but these are largely token deliverables meant to give the appearance of progress. Uzbekistan has also admitted the U.N.'s Special Rapporteur on Torture. But all these gestures are more cosmetic than substantial. In fact, the U.N. Special Rapporteur concluded that torture is "systematic" in Uzbekistan. Instead of claiming credit for allowing him into the country at all, President Karimov should renounce this barbaric practice and Tashkent should take urgent measures to prevent and punish acts of torture. Unfortunately, thus far President Karimov has refused to take even the simple step of acknowledging and renouncing torture. More to the point, just after the Secretary's most recent determination last month, Orif Ershanov and Otamaza Gafaro joined the unconscionably long list of individuals who have died as a result of torture or other abuse inflicted by Uzbek officials.   Once again, Uzbek officials maintain that these most recent deaths in custody were the result of "natural causes." But the country's deplorable record undermines the credibility of such assertions. Frankly, I am surprised by Tashkent's claims; last year, there were two cases when Uzbek policemen who tortured prisoners, in some cases to death, received long prison terms. Their sentences constituted a sad form of progress in Uzbekistan, allowing observers to hope that law enforcement officials would have reason to fear serious consequences for mistreating people in their care. The latest assertions about "natural causes" signal clear regression to old positions that damage Uzbekistan's government and should be an embarrassment to the United States.   Particularly with respect to torture, Tashkent should immediately take several steps to demonstrate to the international community a serious commitment to make meaningful progress.   First, the Government of Uzbekistan should provide immediate access, organized by the OSCE, for independent medical experts to examine the bodies of Ershanov and Gafaro. Unfortunately, we have received indications that Uzbekistan is balking at admitting independent forensic specialists. Furthermore, Tashkent should establish a system of access for independent experts to investigate all cases of alleged torture and should act on the recommendations of the U.N. Special Rapporteur on Torture.   It is equally important that Uzbekistan unconditionally release those who have been jailed because of their political opposition or religious affiliation. I have repeatedly urged Uzbek officials, including President Karimov during his visit to Washington in March of last year, to release the writer Mamadali Makhmudov, for example. One of the Bekjanov brothers has indeed been freed, but two of his siblings remain in prison, and we have received reports from family members of their declining health. As the most recent deaths in custody demonstrate, fears that such prisoners may die from their mistreatment during incarceration are well founded.   Mr. Speaker, improved relations are in the interest of both Uzbekistan and the United States. But closer, deeper ties will not be built on the graves of Uzbekistan's citizens who have been tortured to death. I hope, Mr. Speaker, that I will soon be able to report back to my colleagues that President Karimov has taken meaningful steps to confront torture and bring a measure of justice to its victims.

Mr. Speaker, as Co-Chairman of the Organization on Security and Cooperation in Europe, I have followed with particular concern both the deadly climate in Chechnya and the deterioration of human rights in Belarus. Such violations of basic human rights deserve focused criticism, and it is appropriate that the agenda of the United Nations Commission on Human Rights included resolutions on each situation.   On April 17, the U.N. Commission voted 23-14 with 16 abstentions to approve a U.S.-cosponsored resolution urging the Belarusian authorities to investigate "fully and impartially" credible reports that senior government officials were involved in the disappearances in 1999 and 2000 of leading opposition figures and a journalist. I have followed these cases closely and have become increasingly frustrated at the Belarusian regime's intransigence in meaningfully investigating these disappearances. Here in Washington and at OSCE Parliamentary Assembly meetings in Paris and Berlin, I have had occasion to meet with the wives of the disappeared. These meetings have been heart-wrenching. The cases of their husbands--who disappeared in 1999 and 2000 and are presumed to have been murdered--offer a chilling glimpse into the nature of the regime of Belarusian dictator Alexander Lukashenka, a regime that has the worst human rights record in Europe today. In February, I introduced H.R. 854, the Belarus Democracy Act, designed to bolster democratic development in that beleaguered country, and I am pleased that the State Department authorization bill approved yesterday by the House International Relations Committee includes key provisions of the Belarus Democracy Act. This bill encourages sanctions against the Belarusian regime until certain conditions are met, including a full accounting of these tragic disappearances.   The Belarusian people deserve to live in a society where democratic principles and human rights are respected and the rule of law is paramount, and I believe that the passage of the U.N. Human Rights Commission resolution is an important step towards that end.   Mr. Speaker, I wish I could report that the U.N. Commission on Human Rights had acted with equal conscience on the issue of Chechnya. We all know the desperate human rights situation in that war-torn region of the Russian Federation. Since the Chechen war reignited in 1999, international and domestic Russian human rights organizations have documented the disproportionate and indiscriminate use of force by elements of the Russian military, as well as extrajudicial killings, abuse of prisoners, kidnaping, rape, and extortion of civilians. According to official statistics, 2,800 persons are missing in Chechnya; mutilated bodies of young Chechen males turn up almost daily. A representative of the respected human rights organization Memorial reported at a recent Helsinki Commission briefing that "one of the recent tendencies is to explode the corpses" in order to prevent identification. Needless to say, all of this is in clear violation of the Geneva Convention and the OSCE Code of Conduct during internal conflicts.   What's left of the Chechen capital of Grozny after Russian artillery shelling has been compared to the ruins of Stalingrad in 1943. According to the U.N., there are 92,000 internally displaced persons forced to flee from the fighting, with around 17,000 living in tent camps in neighboring Ingushetia.   Chechen forces are not entirely blameless. There are credible reports of their executing prisoners and using non-combatants as human shields. They have also assassinated pro-Moscow Chechen officials. The U.S. Government has placed three militant groups involved in the Chechen resistance on its list of terrorist groups.   Still, is this an excuse for Russia's savage war against the civilian population?   Despite all the documentation and eyewitness testimony on egregious human rights violations committed in Chechnya, the Commission on Human Rights rejected by a vote of 15-21 an even-handed European Union resolution expressing deep concern at the reported ongoing violations of international law in Chechnya. I note that the U.S. delegation did not cosponsor the resolution, though it did support it when the measure came to a vote. We should not be surprised that China, Sudan and Zimbabwe voted against the resolution. I do find it disconcerting, though, that the delegations of Armenia and Ukraine are in that less than distinguished company.   Ambassador Jean Kirkpatrick, Head of the U.S. Delegation to the U.N. Commission noted: "The United States believes it important that the Commission address the serious human rights abuses that have occurred in Chechnya. We recognize Russia's right to defend its territorial integrity and itself against terrorism. The broader conflict in Chechnya cannot be resolved militarily and requires a political solution. Human rights violations by Russian forces in Chechnya need to be curtailed, and abusers held accountable."   So the people of Chechnya continue to suffer, and the U.N. Commission on Human Rights looks the other way.

Mr. Speaker, today I want to pay special tribute on the 10th anniversary of the United States Holocaust Memorial Museum. During the past decade, the institution and its dedicated staff members have worked tirelessly to promote remembrance of the Holocaust and to draw lessons for the future from this very dark chapter of mankind's recent history. When the Museum was dedicated and formally opened in late April 1993, this event culminated over 10 years of preparation that started in 1980 with the chartering of the institution by a unanimous Act of Congress. Recognizing the work of the Museum this week is very fitting, as it is the week of Holocaust Remembrance Day, a time for honoring the millions of Jews who died almost 60 years ago under Nazi tyranny. As set forth in its mission statement, the Holocaust Memorial Museum has become America's national institution for the documentation, study, and interpretation of Holocaust history, and is this country's memorial to the millions of people murdered during the Holocaust. The Museum and its International Archives Project focuses on all individuals who suffered during the Holocaust, in addition to the six million executed Jews, the horrific Nazi treatment of millions of Roma, disabled, religious and political prisoners, and prisoners of war. The Museum plays a critical role in advancing and disseminating information, documenting the historicity of the Holocaust, while also preserving the memory of individuals who suffered. While insuring that the lessons of the past will not be forgotten, the Museum has actively and creatively developed ways to work towards a better future. The institution's dedication to dealing with the horrors of genocide, whether in Nazi Germany, Bosnia, Rwanda or Cambodia is a critical part of the effort to mobilize international action against this plague on all humanity. The Committee on Conscience plays a particularly significant role in bringing timely attention to acts of genocide or related crimes against humanity. The Museum has rightfully become one of Washington's most revered attractions. The hundreds of thousands of visitors who have toured the Museum since its opening have left with an unforgettable experience and the opportunity to reflect on the deep moral questions stemming from the tragedy of the Holocaust. The Museum's research center has served as a critical resource for scholars who try to help us better understand the lessons of this terrible chapter of human history. The creation of the United States Holocaust Memorial Museum has also encouraged other countries to move to establish comparable institutions including, most significantly, in Berlin, Germany. The U.S. Helsinki Commission, which I co-chair, has worked with the Museum on several occasions, from pushing for the release of documents from the Romani concentration camp in Lety, Czech Republic, to urging Romania to give greater meaning to its stated commitment of rejecting anti-Semitism by removing Antonescu statues from public lands. In response to the alarming spike of anti-Semitic incidents found last summer in Europe, myself and other Members of the Commission have been very active in urging governments and elected officials to denounce the violence and ensure their laws are enabled to prosecute the perpetrators. In support of this effort, I have introduced H. Con. Res. 49, urging, among other things, European states to "promote the creation of educational efforts throughout the region encompassing the participating States of the OSCE to counter anti-Semitic stereotypes and attitudes among younger people, increase Holocaust awareness programs, and help identify the necessary resources to accomplish this goal." It is my hope that other countries will copy the unique and effective model of the United States Holocaust Memorial Museum. Congress has designated April 27th to May 4th as "Days of Remembrance," when our nation will commemorate again the victims of the Holocaust. May we use this time of reflection that will reinforce our common determination to learn from history's harsh lessons.

Today I want to acknowledge and welcome the March 14th statement of the President of Georgia, Eduard Shevardnadze, pledging his commitment to religious freedom for all Georgians and promising the punishment of individuals complicit in mob attacks on religious minorities. (I am submitting the statement for the RECORD below.) President Shevardnadze made this pledge during an ecumenical service in Tbilisi’s Evangelist-Baptist Cathedral Church, attended by leaders of the Georgian Orthodox, Armenian Apostolic, Roman Catholic, Lutheran and Baptist churches and many individuals from the diplomatic community. The U.S. Ambassador to Georgia, Richard Miles, also attended and addressed the gathering. Reportedly, so many people came that hundreds had to listen via loudspeakers in the churchyard.   The service was initially planned for late January, but defrocked priest Basil Mkalavishvili and his crowd of thugs assaulted worshipers and clergy an hour before it was scheduled to begin -- as they have been doing with impunity since 1999. Individuals were beaten as they tried to leave, with rocks and stones being reportedly thrown. While President Shevardnadze quickly condemned that attack, ordering the Interior Minister, the Prosecutor General, State Chancellery Head, and the Security Council Secretary to investigate and punish the perpetrators, no arrests or prosecutions followed.   Despite Georgia’s appalling record on religious tolerance for the last few years, I hope President Shevardnadze’s speech at the Baptist church signals a new determination to arrest and aggressively prosecute the mob leaders and their henchmen. He promised that “as the President of Georgia and a believer, I shall not restrict myself only to a mere expression of resentment. I do promise that the President and the Authorities of Georgia will do their utmost to grant every person freedom of expression of faith.” Driving home the point further, Mr. Shevardnadze declared, “the state will exert its pressure on whoever comes in defiance of this principle. You may stand assured that the aggressors will be brought to justice.”   As Co-Chairman of the U.S. Helsinki Commission, over the past three years I have watched with increasing alarm the escalation of mob violence. On September 24th I chaired a Commission hearing focused on this disturbing pattern. The Jehovah’s Witnesses have borne the brunt of attacks, along with Baptists, Pentecostals, Adventists and Catholics. Most disheartening has been the government's indifference; victims throughout the country have filed approximately 800 criminal complaints, without one criminal conviction.   Despite a series of statements by President Shevardnadze, Georgia's Minister of Interior and Prosecutor General appear unwilling to effectively enforce the rule of law, refusing to arrest mob leaders like Mkalavishvili and Paata Bluashvili and not attempting serious prosecutions. For example, the trial of Mkalavishvili has dragged on for more than a year, without a single piece of evidence considered yet. I would hope the provision of adequate and visible security, which took months to organize, will continue and that the prosecutor will begin his case shortly. Also, the inauguration of trial proceedings against Bluashvili in Rustavi is positive; I trust the delays and shenanigans seen in Mkalavishvili’s trial will not be repeated there. I also urge the Government of Georgia to arrest and detain Mkalavishvili, Bluashvili and other indicted persons who continue to perpetrate violent criminal acts against religious minorities.   Undoubtedly, President Shevardnadze’s presence at the March 14th service and his statement illustrate his personal commitment to religious tolerance and basic law and order. Yet, while I appreciate his gesture, it is time for real action. If the attacks are allowed to continue, it will only become more difficult to rein in this mob violence. If presidential orders are repeatedly ignored, it will only further weaken the government’s ability to enforce the rule of law. And, of course, we must not forget the plight of minority religious communities that continue to live in a state of siege, without any real protection from their government. Ironically, it appears that minorities’ religious communities are freer to profess and practice their faith in regions of Georgia not under the control of President Shevardnadze’s government.   In closing, I urge President Shevardnadze to fulfill his most recent commitment to punish the aggressors, thereby restoring Georgia’s international reputation and upholding its international commitments as a participating State in the Organization for Security and Cooperation in Europe. I and other Members of Congress are acutely interested in seeing whether the Government of Georgia will actually arrest the perpetrators of violence and vigorously prosecute them.   Speech of the President of Georgia, Eduard Shevardnadze, at the Evangelist-Baptist Cathedral Church   “Representatives of all Religions and Nations have to Raise Prayers for Peace Together” Tbilisi, Georgia March 14, 2003   My dear friends, Christians, Dear Ambassadors!   I am here to give utterance to my contentment and admiration, which derives from seeing you, all Christians, or, to be more precise, representatives of all Christian folds, assembled here, under the same roof of this temple, in the capital of Georgia famed as the Virgin’s lot.   I am happy to be a witness to this occurrence. I am happy because you are together, because we are together. But all of us have our own faith.   I am an Orthodox believer, but we are all Christians. It is what we should always bear in mind and keep intact this wholeness and unity.   Georgia is one of those countries on the planet whose roots go back the farthest in history. Tolerance has become particularly entrenched in its history and nature since the days we embraced Christianity.   Christ granted that we be together. And more than this: Georgia is a multinational country, where Muslims and followers of other confessions have dwelt along with Christians in the course of centuries.   We live presently in a world of stark contradictions. It remains anybody’s guess when a bomb may blast. You probably understand what I mean. Therefore, we should pray for peace, and these prayers should be raised by all of us: Christians, Muslims, representatives of every religion, confession and nation.   But prayers alone will not keep us together. We have also to struggle, in order that, through our benevolence, faith, love and respect to one another, we may put up resistance to the eradicating processes of which I already made a mention.   As was customary with my great ancestors, I go to an Orthodox church. But nor do I keep distance from synagogues, mosques or churches of different Christian confessions.   I feel respect for all who have confident belief in kindness and its victory.   I am happy to see, along with Georgian citizens, the attendance of the distinguished ambassadors and diplomats accredited in Georgia, who have come this evening to share our happiness.   I cannot but express a deep sense of regret, even resentment at the gross infringement of our unity, mutual respect and freedom of faith by some of the aggressors.   As the President of Georgia and a believer, I shall not restrict myself only to a mere expression of resentment. I do promise that the President and the Authorities of Georgia will do their utmost to grant every person freedom of expression of faith.   The state will exert its pressure on whoever comes in defiance of this principle. You may stand assured that the aggressors will be brought to justice.   I would like to greet you once more and wish you happiness and advancement of goals. So as with Georgia, a multinational country of various religious confessions, my wishes are for joy, happiness and prosperity.

Mr. President, as cochairman of the Commission on Security and Cooperation in Europe, I am concerned by a myriad of problems that plague the nation of Georgia a decade after restoration of its independence and nearly eleven years after it joined the Organization for Security and Cooperation in Europe, OSCE. Among these pressing concerns that I would like to bring to the attention of my colleagues is the ongoing violence against non-Orthodox religious groups, as well as allegations of torture perpetrated by Georgian security officials.   Concerning religious freedom, the situation in Georgia is one of the worst in the entire 55-nation region constituting the OSCE. Georgia is the only OSCE country where mobs are allowed to attack, violently and repeatedly, minority religious groups with complete impunity. Most recently, on January 24th, worshipers and clergy were assaulted and beaten in a mob attack on the Central Baptist Church in Tbilisi, where an ecumenical service was to have taken place. While police did eventually intervene, no arrests were made, and the planned ecumenical service between Baptists, Armenian Apostolic Church, Catholics and Lutherans was canceled. While I am pleased President Shevardnadze did issue a decree calling for a full investigation, to date no action by police or the Prosecutor General has taken place.   During the past three years of escalating mob violence, the Jehovah's Witnesses have experienced the majority of attacks, along with Baptists, Pentecostals, and Catholics. Sadly, victims from throughout the country have filed approximately 800 criminal complaints, and not one of these has resulted in a criminal conviction. The mob attacks are usually led by either Vasili Mkalavishvili, a defrocked Georgian Orthodox priest, or Paata Bluashvili, the leader of the Orthodox ``Jvari'' Union. Often the police and media are tipped off in advance of an attack--probably so that the media can arrive early and the police can show up late. The brazen leaders of these attacks have even given television interviews while mob brutality continues in the background.   In response to this ongoing campaign of violence against members of minority faiths, the leadership of the Helsinki Commission and other members of the Senate and House have been in correspondence with President Shevardnadze on numerous occasions. Congressional dismay over this ongoing issue was also reflected in language included in the omnibus appropriations bill underscoring concern over the Georgian Government's apparent resistance to prosecuting and jailing the perpetrators of these mob attacks. Despite assurances, Georgian officials have neither quelled this violence nor taken effective measures against the perpetrators of these assaults. Ironically, it appears that minority religious communities may be freer in parts of Georgia outside of Tbilisi's control than those under the central authorities.   The conference report language should send a strong message to President Shevardnadze and other Georgian leaders. They must understand the Congress's deep and abiding interest in this matter and our desire to see those responsible for the violence put in jail.   I also must express my concern regarding the widespread, indeed routine, use of torture in the Republic of Georgia. While law enforcement remains virtually nonexistent when it comes to protecting religious minorities from violent attacks, the use of torture by police remains a commonplace tool for extracting confessions and obtaining convictions in other areas. A government commission has also acknowledged that the scale of corruption in law enforcement has seriously eroded public confidence in Georgia's system of justice and the rule of law.   At one point, a few years ago, there appeared to be real political will to address this problem. Sadly, increased protections for detainees, adopted to facilitate Georgia's accession to the Council of Europe, were quickly reversed by the parliament once Georgia's admission was complete. Moreover, I am particularly concerned by remarks made by Minister of Interior Koba Narchemashvili in November. In a move calculated to look tough on crime following a notorious murder, he called for seizing control of pre-trial detention facilities from the authority of the Ministry of Justice. This would move Georgia in exactly the wrong direction. Reform must continue on two levels; continuing to move Georgia's legal standards into compliance with international norms, and improving actual implementation by law enforcement officers.   I want to see a prosperous, democratic, and independent Georgia, but these facts are deeply disturbing and disappointing. The Government of Georgia's failure to effectively address these concerns through decisive action will only further erode confidence here in Washington as well as with the people of Georgia.