Title

The Republic of Georgia: Democracy, Human Rights and Security

Tuesday, September 24, 2002
2:00pm
334 Cannon House Office Building
Washington, DC
United States
Official Transcript: 
Members: 
Name: 
Hon. Christopher Smith
Title Text: 
Co-Chairman
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
B. Lynn Pascoe
Title: 
Deputy Assistant Secretary for European and Eurasian Affairs
Body: 
Department of State
Name: 
Levan MIkeladze
Title: 
Ambassador to the United States
Body: 
Republic of Georgia
Name: 
Malkhaz Songulashvil
Title: 
Bishop
Body: 
Evangelical Baptist Union of Georgia
Name: 
Gennadi Gudadze
Title: 
Chairman
Body: 
Union of Jehovahs Witnesses in Georgia
Name: 
Dr. Gia Nodia
Title: 
Director
Body: 
Caucasus Institute for Peace, Development and Democracy, Tbilisi, Georgi
Name: 
Stephen Jones
Title: 
Professor
Body: 
Mount Holyoke College

This Commission hearing focused on democracy, human rights, and security in Georgia. The discussion reviewed the serious challenges that have been facing Georgia. In particular, the Commissioners and witnesses discussed the systematic rampant corruption which has impeded economic reforms. In addition, the Commission touched on concerning religious violence in Georgia. Since 1999, there have been many assaults against members of minority faiths, particularly the Jehovahs Witnesses.

Relevant countries: 
Leadership: 
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  • Wicker and Cardin Introduce Legislation to Defend U.S. Citizens and Diplomatic Staff from Political Prosecution in Turkey

    WASHINGTON—Sen. Roger Wicker (MS) and Sen. Ben Cardin (MD) today introduced the Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act of 2019 (S. 1075) to address the ongoing wrongful detentions of U.S. citizens and diplomatic staff by the Government of Turkey. U.S. Senate Democratic Whip Dick Durbin (IL), who has actively supported efforts to secure the release of political prisoners around the world, is an original co-sponsor of the legislation, along with Sen. Marco Rubio (FL), Sen. Thom Tillis (NC), and Sen. Chris Van Hollen (MD). “More than two and a half years have passed since Serkan Gölge, an American citizen, was detained in Turkey. Since then, we have witnessed the sham convictions of two Americans, including Pastor Andrew Brunson, and one local employee of the U.S. government on baseless terrorism charges. At least two other local staff of our consulate in Istanbul continue to face similar politically-motivated convictions without credible evidence of wrongdoing,” said Sen. Wicker. “Turkish authorities should immediately cease this harassment of our citizens and personnel. The bipartisan measure we are introducing today puts Turkey on notice that it can either quickly resolve these cases and free our citizens and local staff or face real consequences. Turkey is a valuable NATO ally—I expect it to start acting like one.” “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,” said Sen. Cardin. “Our bill makes clear that the United States will not tolerate years of Turkish recalcitrance on these cases. Officials in the Erdogan regime responsible for these crimes must be held accountable under Global Magnitsky standards for their ongoing injustices. 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. I urge the Senate to take up this bill immediately, so we can levy swift sanctions on senior Turkish officials and apply some serious pressure to get Turkey to release these wrongfully detained Americans and diplomatic staff,” said Sen. Van Hollen, co-chair of the Senate Foreign Service Caucus. The bill 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. It 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 politically-motivated prosecution and indefinite detention. U.S. citizen and NASA scientist Serkan Gölge is one of several American citizens, including Pastor Andrew Brunson, who were caught up in the sweeping government-led purge that followed the 2016 coup attempt in Turkey. Brunson was convicted on fabricated terrorism charges and released in October 2018 but Gölge remains in jail serving a five-year sentence because of a similar conviction. He has been in jail since July 2016. Since early 2017, Turkish authorities have targeted three veteran Turkish employees of U.S. consulates in Turkey on trumped-up national security charges that appear to stem in part from routine contacts they maintained as part of their professional responsibilities. All three men have worked as locally employed staff of the United States Government in Turkey for more than three decades. A Turkish court in January 2019 convicted Hamza Ulucay, who was imprisoned since February 2017, on terrorism charges without any credible evidence of wrongdoing. 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.

  • 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

  • Chairman Hastings Welcomes Release of Country Reports on Human Rights

    WASHINGTON—Following yesterday’s release by the State Department of the Country Reports on Human Rights Practices for 2018, Helsinki Commission Chair Rep. Alcee L. Hastings (FL-20) issued the following statement: “I welcome the release of this year’s Country Reports on Human Rights Practices. These reports, mandated by law and prepared by the Department of State, exemplify Congress’ intent to keep human rights front and center in U.S. foreign policy. As members of Congress consider foreign assistance and military aid, as we build alliances and take the measure of our foes,  these reports help ensure that democracy and fundamental freedoms are given full consideration.” The annual Country Reports on Human Rights Practices cover internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights and other international agreements. The State Department must submit these reports to Congress on an annual basis, in accordance with the Foreign Assistance Act of 1961 and the Trade Act of 1974, which require that U.S. foreign and trade policy take into account countries’ performance in the areas of human rights and workers’ rights.

  • Unorthodox?

    By Thea Dunlevie, Max Kampelman Fellow “The Russian Federation is a secular state,” according to Chapter 1, Article 14 of the Russian constitution. Adopted two years after the collapse of the Soviet Union, which systematically repressed religious activity, Article 14 created a framework for a religious resurgence in Russia, namely the Russian Orthodox Church’s optimistic emergence from the Soviet era. However, the Russian Orthodox Church has become a battlefield of choice for the Russian government as it seeks status as the religious and regional hegemon. President Vladimir Putin’s vision for a “Russian world” has in many ways negated the country’s constitutional commitment to a religiously neutral government, particularly in relation to former Soviet Bloc countries. Vladimir Putin has coupled violent encroachments such as the 2014 invasion and illegal occupation of Crimea and the Donbas and its 2008 invasion and illegal occupation of South Ossetia and Abkhazia in Georgia with subtler maneuvers to establish strongholds in foreign countries, including through religious interventions. The latter activities rest under the umbrella term “soft power,” which Putin identified as a foreign policy strategy in his 2017 Foreign Policy Concept. According to political scientist Joseph Nye, who coined the term, “Soft power is the ability to affect others to obtain the outcomes one wants through attraction rather than coercion or payment.” Rooted in Russian History and Culture The Russian Orthodox Church, which has deep roots in Russian identity, history, and culture, was revived under President Boris Yeltsin and has since been increasingly employed as a tool of soft power. The RAND Institute reports that the Russian Orthodox Church has been rated “the most-trusted institution in [Russia]”—surpassing the president and parliament. Consequentially, the Kremlin’s interconnectivity with the Russian Orthodox Church lends the state legitimacy by proxy. Capitalizing on this perceived legitimacy, the 2015 Russian National Security Strategy lists “preserving and developing culture and traditional Russian spiritual and moral values” as one of six “National Interests and National Strategic Priorities.” Religion has been instrumentalized by Russian diplomatic missions with goals beyond proselytizing or constructing churches. Putin sent Patriarch Kirill of Moscow and All Russia as a Kremlin emissary to solidify international ties under the auspices of religious, humanitarian outreach. For example, Putin has characterized Russia as the defender of persecuted Christians in the Middle East by supporting Bashar al-Assad’s government. Patriarch Kirill and Putin also vowed to rebuild churches in the region, positioning Russia as the great defender, reconstructor, and regional power. However, not all these efforts have been successful. Patriarch Kirill’s 2013 visit to the politically volatile region of Transnistria, Moldova—where 1,400 Russian troops are stationed—was met by local protests suggesting an unwelcome link between the Russian Orthodox Church’s presence and the Kremlin’s. The Russian Orthodox Church has also helped the Government of Russia maintain regional influence in former Soviet Bloc countries and the Balkans and expand its influence in Asia. The Russian government commemorated 50 years of cooperation with Singapore by building an Orthodox church there, and Patriarch Kirill’s delegation visited North Korea to establish an Orthodox church in Pyongyang alongside North Korean government officials. However, current debates primarily focus on Ukraine because it contains an estimated one-third of the Moscow Patriarchate’s churches. Russia has approached the OSCE with concerns about “Ukrainization,” alleging that 50 Russian Orthodox churches had been illegally seized by the government since 2014. Ukraine Fights Back The Russian Orthodox Church’s Kremlin-driven influence has been of particular concern to Ukraine, which struggles to maintain its political sovereignty as Russia encroaches militarily. To counter this influence, in 2018 the Ukrainian Orthodox Church sought autocephaly (independence) under the auspices of the Holy Synod of the Ecumenical Patriarch of Constantinople, the governing body of the Orthodox Church. Ukrainian President Petro Poroshenko justified the Ukrainian Orthodox Church’s pursuit of autocephaly before the United Nations General Assembly Human Rights Council as “a matter of national security and [Ukraine’s] defense in a hybrid war, because the Kremlin views the Russian Orthodox Church as key instruments of influence on Ukraine.”  However, the Russian Orthodox Church condemned Ukraine’s autocephaly efforts for blasphemously entangling religion and politics. Metropolitan Hilarion, chairman of the Department for External Church Relations of the Russian Orthodox Church, characterized the Ukrainian church’s move as a “pre-election political project.” The Russian Orthodox Church severed tied with the Ecumenical Patriarch in mid-October. In December, Metropolitan Epifaniy was elected head of the nascent Orthodox Church of Ukraine. Prior to his election, the U.S. State Department said the United States “respects the ability of Ukraine’s Orthodox religious leaders and followers to pursue autocephaly according to their beliefs.” Immediately after his election, the State Department issued a congratulatory statement and Secretary of State Mike Pompeo spoke with him by phone.   After the January 6th announcement of autocephaly for an independent Orthodox Church of Ukraine, the Secretary described the outcome as an “historic achievement.” All of these U.S. statements explicitly referenced U.S. support for religious freedom as the context. The Orthodox Church of Ukraine now sidesteps Russian religious authority and submits to the Ecumenical Patriarch and Holy Synod alone.  The Russian government, however, maintains that Ukraine is “territory of the Russian church” and vows to “defend the interests of the Orthodox.” Ongoing Power Struggles Russia’s religious intervention has also instigated ecclesiastical divisions within the other Orthodox churches and between churches and the Ecumenical Patriarch of Constantinople. The Russian meddling has created opposing teams: Ukraine and its allies, like the Ecumenical Patriarch and U.S. Government, versus the Russian Government and regional churches which pledged loyalty to the Russian Orthodox Church. In the wake of the Russian Orthodox Church’s Holy Synod decision on the Orthodox Church of Ukraine, Putin awarded the Metropolitan of Moldova “Russia’s Order of Friendship,” perhaps  to encourage Moldovan sympathy to the Russian Orthodox Church’s cause amid the “schismatic” behavior of Ukraine. In November of 2018, St. Andrew’s Church in Ukraine was attacked with Molotov cocktails, following  the transfer of its ownership to the Ecumenical Patriarch of Constantinople. This attack has been interpreted by some Ukrainians as a symbolic attack on the Ukrainian Orthodox Church. Ukraine’s religious makeup is exceptionally diverse. However, the Kremlin’s political meddling into the inter-orthodox religious conflict raises larger concerns about how government can support or suppress certain beliefs for primarily political purposes. This phenomenon threatens the religious liberty of the Orthodox Church of Ukraine and potentially the freedom of the country’s minority religious groups like Greek Catholics. All 57 participating States of the OSCE have committed to the 1975 Helsinki Final Act, which includes the statement that  “the participating States will respect (...) the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion… participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.”  The participating States have repeatedly recommitted themselves in subsequent agreements. The Ukrainian government and leadership of the Orthodox Church of Ukraine must be vigilant for infringements on the religious rights of Moscow Patriarchate adherents in Ukraine after the Holy Synod’s decision. As priests, imams, and pastors did during Euromaidan in 2013, so should the Ukrainian Government, the Russian Government, the Orthodox Church of Ukraine and the Russian Orthodox Church condemn violence, protect freedom of religion and belief, and promote inter-faith peace.

  • The Holy See and Religious Freedom

    Because of its unique status as the universal government of a specific religion, rather than a territorial state, the Holy See is probably the least understood of the 57 participating States of the Organization for Security and Cooperation in Europe. However, it has a rich diplomatic history and has contributed significantly to the development of today’s OSCE, particularly in the area of religious freedom. Download the full report to learn more.

  • Mosque and State in Central Asia

    From 2016 to early 2018, the U.S. government designated three of Central Asia’s five nations—Tajikistan, Turkmenistan, and Uzbekistan—as countries of particular concern (CPC) for engaging in or tolerating “particularly severe violations of religious freedom” like torture, abduction, and clandestine or prolonged detention without charges. In these countries, people of all faiths, or no faith at all, have endured onerous government-mandated harassment, fines, and imprisonment for even minor breaches of state regulations of religious belief and practice. To ensure regime stability and counter violent extremism, the governments of some Central Asian Muslim-majority countries impose strict and invasive violations of religious liberty on adherents of the Islamic faith. Islamic religious institutions and leaders are fully incorporated into the state bureaucracy. Exploring the faith outside the bounds of “official Islam” is forbidden and illegal. The Helsinki Commission convened an expert panel of regional and Islamic scholars to explain the different approaches to state regulation of Islam in Central Asia and the consequences of these policies for religious freedom, radicalization, and long-term political stability and social development.

  • Helsinki Commission Briefing to Examine Relationship Between Mosque and State in Central Asia

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  • Lies, Bots, and Social Media

    From the latest revelations about Facebook to ongoing concerns over the integrity of online information, the U.S. public has never been more vulnerable or exposed to computational propaganda: the threat posed by sophisticated botnets able to post, comment on, and influence social media and other web outlets to generate a desired outcome or simply sow distrust and disorder.  What can be done to confront and defeat these malevolent actors before they dominate civil discourse on the Internet? One possibility is the use of algorithmic signal reading which displays for users the geographic origin of a given post. Another answer may lie in improving how websites like Facebook curate their content, so the user can make more informed choices.  At this Helsinki Commission briefing, distinguished experts examined the implications of computational propaganda on national and international politics and explored options available to Congress and the private sector to confront and negate its pernicious influence.

  • Helsinki Commission Briefing to Examine Computational Propaganda

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing:   LIES, BOTS, AND SOCIAL MEDIA What is Computational Propaganda and How Do We Defeat It? Thursday, November 29, 2018 10:30 a.m. Senate Dirksen Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission From the latest revelations about Facebook to ongoing concerns over the integrity of online information, the U.S. public has never been more vulnerable or exposed to computational propaganda: the threat posed by sophisticated botnets able to post, comment on, and influence social media and other web outlets to generate a desired outcome or simply sow distrust and disorder.  What can be done to confront and defeat these malevolent actors before they dominate civil discourse on the Internet? One possibility is the use of algorithmic signal reading which displays for users the geographic origin of a given post. Another answer may lie in improving how websites like Facebook curate their content, so the user can make more informed choices.  At this Helsinki Commission briefing, distinguished experts will examine the implications of computational propaganda on national and international politics and explore options available to Congress and the private sector to confront and negate its pernicious influence. Expert panelists scheduled to participate include: Matt Chessen, Acting Deputy Science and Technology Advisor to the Secretary of State, U.S. Department of State Karen Kornbluh, Senior Fellow and Director, Technology Policy Program, The German Marshall Fund of the United States Nina Jankowicz, Global Fellow at the Woodrow Wilson International Center for Scholars' Kennan Institute

  • Interview with Georgia Holmer, Senior Adviser for Anti-Terrorism Issues, Organization for Security and Cooperation in Europe

    By Yena Seo, Communications Fellow Georgia Holmer, an expert on counterterrorism policy, recently visited the Helsinki Commission offices to discuss her portfolio at the Anti-Terrorism Issues Unit in the Transnational Threat Department at the OSCE Secretariat. At the OSCE, she oversees policy support and capacity building work on preventing and countering violent extremism and radicalization that lead to terrorism (VERLT). Ms. Holmer gave a short interview on her position at the OSCE and explained why she sees a human-rights based approach to counterterrorism to be critical. Holmer, who has worked on counterterrorism issues for over 20 years, observed that she “lived through an evolution in the U.S. government’s approach to terrorism that was quite extraordinary.” After spending 10 years as a terrorism analyst for the FBI, Holmer helped build analytic capacity at the Department of Homeland Security and taught classes on understanding radicalization. Later she directed the Countering Violent Extremism (CVE) program at the United States Institute of Peace, where she helped develop a strategic approach to violent extremism that harnessed peacebuilding tools. “We went from approaching terrorism as a security threat in which operations needed to be disrupted to realizing that there also had to be something done to prevent people from joining these groups and movements in the first place,” Holmer explained. “Not only did we begin to understand and address the root causes of terrorism but increasingly there was a realization that repressive measures in counterterrorism could actually exacerbate the problem. Upholding human rights as part of the effort to counter terrorism is necessary and can contribute to preventing violence in the long term.” Holmer acknowledged some of the pitfalls and counterproductive measures to be avoided in counterterrorism: a lack of due process and clear legislation, abusive treatment in detention facilities, and stigma and censorship against certain religious and ethnic groups can also fuel terrorist agendas and draw more people to violent extremism. These ideas led Holmer to pursue a degree mid-career in international human rights law at Oxford University. In 2017, Holmer was offered a position at the OSCE, and was drawn to its comprehensive approach to security. “I thought, here is a chance to work for an organization that had both a counterterrorism mandate and a human rights mandate. I think it’s a necessary marriage.” She sees the work she does in the prevention of VERLT to be directly relevant to human rights. “Programs to prevent radicalization that leads to terrorism not only ensure security, but they also help build more inclusive, resilient and engaged communities. This can also be understood inversely – upholding human rights is a pathway to preventing terrorism.” Holmer was further drawn to the OSCE because of its operational focus, pointing to the organization’s robust field operations presence. She stressed that the organization’s “on-the-ground presence” – particularly in the Western Balkans and Central Asia – allows it to develop close working relationships with governments and policymakers, giving it “a different level of reach.” For example, OSCE field missions in Dushanbe and Skopje have helped to convene stakeholders for important discussions, coordinate funders, and organize external partners for project implementation. Holmer considers the OSCE’s structure a strength when it comes to countering violent extremism. Holmer explained that because the OSCE is a political organization, its structure and activities invite states and other stakeholders to exchange ideas frankly. The OSCE’s annual counterterrorism conferences allow participating States to share opinions in a productive and meaningful manner. The OSCE frequently convenes policy makers and practitioners from its participating States to discuss measures to prevent radicalization leading to terrorism. Various seminars, workshops, and conferences have introduced concepts of prevention and helped advance the role of civil society in countering violent extremism. Holmer observed that while there is no “one-size-fits-all solution,” the organization regularly emphasizes the sharing and implementation of good practices. She also added that sharing good practices is only effective when efforts are made to tailor responses and approaches to a specific context. Measures to prevent need to incorporate an understanding of the nature of the threat in any given environment. She said the ways that individuals radicalize and the dynamics that influence people to become engaged in violent extremism differ. “What works in a rural village in Bosnia-Herzegovina versus what might work in Tajikistan might be completely different.” Holmer believes that through her role as Senior Adviser, she can continue working with member states to pursue “good practices” in the prevention of VERLT and support anti-terrorism within a human rights framework. “The aim of our work at the OSCE is to support participating states with the tools, the policy and legal frameworks they need to address these complicated challenges.” For more information, contact Alex Tiersky, Senior Policy Advisor for Global Security and Political-Military Affairs.

  • The Cold War Is Over, But The OSCE's Value Is Timeless

    History has shown that robust engagement in multilateral arenas represents long-term realism: to lead, we must be involved; to protect our national interests and the principles we hold dear, we must remain engaged; and to inspire those who suffer every day under authoritarian regimes, we must hold our own country to the highest standards on the world stage. Unfortunately, efforts to maintain America’s preeminence in the world have come under increasing pressure in recent years. These challenges are not isolated and are waged on many fronts – economically, militarily, and diplomatically. Some may use these challenges as an excuse to retreat, claiming that engagement in international organizations like the Organization for Security and Cooperation in Europe (OSCE) adds no value. We believe that quite the opposite is true. If we want to continue to lead, protect, and inspire, we need the OSCE’s opportunities for multilateral engagement more than ever. Amid the alphabet soup of institutional acronyms, many Americans probably have not heard of the OSCE, let alone know that it is the largest regional security organization in the world. Comprising 57 countries, it links Vancouver in the West to Vladivostok in the East, spanning North America, Europe, and Central Asia. We are members of the organization’s Parliamentary Assembly, where we have represented our country and our principles in a forum of international lawmakers for a combined 34 years. We have engaged the OSCE, as a whole, even longer. We know firsthand the value of U.S. leadership and sustained high-level engagement in the organization – and conversely, we know the enormous risks that would come with retreat. A Broader Definition of Security The essential, enduring value of the OSCE can be traced back to its founding and the ideological transformation that it quietly unleashed. In the 1950s, the Soviet Union first conceived the idea of the Helsinki Final Act. The founding charter of the Conference on Security and Cooperation in Europe, or CSCE, later institutionalized as today’s OSCE, would eventually be signed in 1975. Moscow saw the document as a way to validate post-World War II border changes and tighten its stranglehold on Eastern Europe. The Kremlin, no doubt, also hoped to create an alternative to NATO and weaken U.S. ties to Europe. As troops massed along the Iron Curtain after the Soviet-led invasion of Czechoslovakia in 1968, Europe began to see some value in greater East-West engagement. The United States saw the Soviet proposal as a damage-mitigation exercise at best. Secretary of State Henry Kissinger famously decried the Helsinki Final Act, saying, “They can write it in Swahili for all I care… The Conference can never end up with a meaningful document.” Opposition to the Helsinki Final Act was not limited to Foggy Bottom. The Wall Street Journal published the editorial “Jerry, Don’t Go” just prior to President Ford’s departure to sign the document in Finland, reflecting widespread opposition from U.S. foreign policy hawks and Americans across the country who descended from the “captive nations” of Eastern Europe. What most observers at the time overlooked, however, was the Helsinki Final Act’s uniquely comprehensive definition of “security.” The Act contains 10 principles guiding inter-state relations, including respect for human rights and fundamental freedoms; respect for sovereign equality; recognition of the territorial integrity of states; and the commitment of states to fulfill in good faith their obligations under international law. The integration of human rights into a concept of security was revolutionary. The Act also provided that any country signatory could publicly challenge any other country that wasn’t living up to Helsinki principles, either internally or externally. This was remarkable for its time. These two innovations made the Act a rallying point for human rights advocates everywhere, especially dissident movements in the one-party communist states of the Soviet bloc. Groups like Charter 77 in Czechoslovakia, Solidarity in Poland, and other monitoring groups in the Soviet Union and Baltic States that were crucial to the eventual collapse of communism in Europe relied on Helsinki commitments in their advocacy. With U.S. leadership, meetings of the CSCE also became venues for frank exchanges, where countries committing human rights abuses were named and victims identified. The strongest weapons in the U.S. arsenal – democratic ideals, market principles, and the primacy of individual rights – rallied European friends and allies, attracted Soviet satellites, and left Moscow isolated, if not fully convinced. Today's Inflection Point We were both serving in the House of Representatives shortly after the Soviet Union collapsed in the early 1990s. We were aware that the transitions ahead would be difficult, particularly as horrific ethnic cleansing spread in the Balkans and a brutal war was waged in Chechnya. Although we were on opposite sides of the aisle, we were joined in our conviction that liberal democracy would ultimately prevail throughout Europe and into Central Asia. Unfortunately, our confidence was dramatically misplaced. Thirty years later, instead of the peace and prosperity we expected in the OSCE region, we are at an inflection point, faced with uncertainty and the increasing erosion of the security framework that followed the Cold War. In recent elections, we’ve watched nationalist parties gain a strong foothold in Europe. NATO ally Turkey – one of the world’s most oppressive regimes toward journalists – is succumbing to authoritarian rule, weakening checks on executive power and targeting more than 100,000 perceived opponents of the ruling party in sweeping purges. Vladimir Putin continues to violate the sovereignty and territorial integrity of not just Ukraine – where, in areas controlled by Russia, pro-Ukrainian sentiment is met with imprisonment, torture, or death – but also Georgia, where Russia has occupied 20 percent of the country’s territory for more than a decade. The Russian government supports separatists in the Transnistrian region of Moldova, interferes in elections in the United States and Europe, and undermines faith in democratic governments worldwide through cyberattacks and information warfare. An era of increasing nationalism, Kremlin revisionism, and rising authoritarianism may not, at first, seem to be the best moment to revitalize multilateral diplomacy. But it has been, and will continue to be, in our national interest to promote democracy, the rule of law, and human rights around the world – just as we did more than 40 years ago in the Finnish capital. Those Helsinki commitments, and their institutionalization over time, empower us to stand up for our values and for comprehensive security at a time in which we absolutely must. In April 2017, we – along with every other senator currently serving on the Helsinki Commission – introduced a resolution urging President Trump to recognize the importance of the Helsinki Final Act and the OSCE as well as their relevance to American national security. We hope the administration will endorse this effort. A Record of Results The value of the OSCE and the effectiveness of American involvement are evident in the organization’s more recent evolution and achievements. This is no Cold War relic. We have seen examples of multilateral success in many initiatives, beginning with its quick embrace of newly independent states, from the Balkans to Eastern Europe and Central Asia. As multiethnic states broke apart, the OSCE created a high commissioner on national minorities in 1992 to address ethnic tensions and proactively prevent conflict between or within states over national minority issues. Participating states developed mechanisms to respond to the most recalcitrant actors, such as the unprecedented suspension of Yugoslavia the same year for the “clear, gross, and uncorrected” violations of Helsinki principles by the regime of Slobodan Milosevic against Bosnia and Herzegovina. Under OSCE auspices, internal political confrontations in Serbia in 1996 and Albania in 1997 were resolved through high-level engagement before they became a broader threat to peace and prosperity in Europe. The United States led the way, generating the political will to act quickly and with resolve. Robust field missions also were created in the 1990s to respond to conflicts, first in the Balkans and then extending into Eastern Europe, the Caucasus, and Central Asia. In some places, such as Kosovo, the OSCE often was the only acceptable international monitor or facilitator on the ground, serving as the eyes and ears of the international community, bringing opposing sides together, and mitigating spillover effects in neighboring countries. Today, the OSCE’s civilian Special Monitoring Mission (SMM) to Ukraine is the only independent observer group in the war zone. Established in 2014 to monitor implementation of the Minsk Agreements, its approximately 700 monitors provide clear and unbiased reporting of ceasefire violations and human costs of the conflict. Approximately half of the U.S. contribution to the OSCE goes toward funding the SMM. The mission faces challenges, including attempts to sabotage its work and concerns about security. The latter was tragically demonstrated by the death of Joseph Stone, a U.S. paramedic killed last year when his vehicle struck a landmine in separatist-controlled territory. Without the SMM’s reporting, however, we would lack critical information to understand and address ongoing Russian aggression against Ukraine. Kremlin propaganda would have a clear field to disguise the true nature and scale of the conflict. The OSCE also sets the gold standard for election observation across the region. The organization’s trained observers partner with international lawmakers, including ourselves, to analyze election-related laws and systems and the effectiveness of their implementation. The evaluations that these missions produce are critical benchmarks for OSCE countries and support U.S. efforts to promote human rights, democracy, and the rule of law around the world. Pressure from the organization and its participating states has been a major factor in the release of political prisoners in countries like Azerbaijan. For example, the OSCE Office for Democratic Institutions and Human Rights, the OSCE Representative on Freedom of the Media, and the OSCE Parliamentary Assembly publicly condemned Baku for its targeting of investigative journalist Khadija Ismayilova and the broader use of its judicial system to repress political opponents, journalists, and minorities. The Helsinki Commission also weighed in. In May 2016, Ismayilova was released from prison. Our actions in this and similar cases demonstrate global leadership. We welcome the recent nomination of a new U.S. permanent representative to the OSCE. This important post has remained vacant for far too long. We urge our Senate colleagues to swiftly consider the nominee, who will be responsible for leading America’s vigorous defense of democracy and human rights in the region. Let us also not overlook the fact that our work in the OSCE in relation to Russia is not simply to counter Moscow’s anti-democratic ambitions. Follow-up meetings to the original Conference on Security and Cooperation in Europe became one of a shrinking number of places where East-West dialogue could take place during the Cold War. Likewise, after Russia was suspended from the G8 in March 2014, today’s OSCE provides one of the few remaining opportunities to engage with Russia and hold the Kremlin accountable to principles it has endorsed. Russian Foreign Minister Sergei Lavrov attends OSCE ministerial meetings, where he easily – and with great success – engages with senior officials from around the region. That alone should encourage our secretary of state to be present. Secretary Tillerson attended the 2017 ministerial, and we urge Secretary Pompeo to do the same. Future Challenges Along with successes, we also have seen areas where multilateralism has fallen short. Areas like Nagorno-Karabakh, Transnistria, Chechnya, Abkhazia, and South Ossetia have consumed OSCE attention and resources, but unfortunately, the organization’s actions have not thawed these frozen conflicts. The OSCE may have kept things from getting worse than they might have been otherwise; this is something to praise, but cannot yet be counted as a win. These efforts have been hindered in part by the otherwise positive requirement that major decisions in the organization require consensus. This rule is vital to the OSCE’s success. The organization can convene all parties on an even footing and – because no country can claim that it didn’t voluntarily agree to its commitments – the rule gives unique force to the OSCE’s actions. However, decision-making by consensus also allows a single intransigent country to wield its veto as a weapon, even in cases of otherwise overwhelming agreement. In 2008, Russia successfully blocked the OSCE from establishing a field mission in Georgia as Russian-backed separatists occupied South Ossetia and Abkhazia. Since then, resistance to hosting or authorizing field missions, a core capability of the OSCE, has spread. Belarus kicked out its OSCE mission in 2011. Azerbaijan forced the mission in Baku to close in 2015, and two years later, it insisted on the shuttering of a mission in Armenia. Mongolia, the newest OSCE participating state, has repeatedly requested a mission to foster its continued democratic development and build closer ties with other participating states. Moscow consistently blocks that request. A related and ongoing problem is the lack of transparency of the OSCE’s decision-making. Opening its official deliberations to the public would help make those countries that thwart progress more broadly accountable for their recalcitrance. A more recent challenge comes from the government of Turkey. Ankara continues to use the 2016 coup attempt as pretext for not only violently repressing its citizens and detaining others, including Americans, but also for limiting the participation of non-governmental organizations in certain OSCE meetings. The OSCE is the only international organization that allows NGOs to participate equally with governments in meetings on human rights commitments, allowing these groups to raise their concerns directly. If Turkey has its way, human rights groups might be denied a seat at the table. It is easy to imagine which countries quietly hope this effort will succeed. The United States must continue to make it clear that it is not one of them. Indeed, the moral here is that the United States should not only support the strengths and potential of the OSCE, but we must also be present and potent when progress and principles are challenged within the organization. Our colleagues in both chambers of Congress have the passion and determination to do just that. In these days of partisan discord, we must remember – and treasure – the fact that Congress is broadly committed to the principles enshrined in the Helsinki Final Act: respect for human rights and fundamental freedoms, democratic principles, and liberty. We see this in the establishment of the Helsinki Commission itself, a unique agency conceived by Congress to strengthen the legitimacy of human rights monitoring, defend those persecuted for acting on their rights and freedoms, and ensure that violations of Helsinki provisions are given full consideration in U.S. foreign policy. The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region. Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy. We have not only the right, but also the duty, to hold countries responsible if they fail to adhere to the basic principles that we all agreed to in 1975. We also have the responsibility to hear and consider other participating states when they feel that the United States is not fully meeting our commitments. Leading by example means that we must be held accountable, too. At this critical juncture, when the rules-based order appears particularly fragile, any weakening or absence of the OSCE could irreversibly damage the chances for democracy and peace in the region. We must not allow that to happen – and the key is our own steadfastness, in words and deeds. Roger Wicker (@SenatorWicker) is chairman of the U.S. Helsinki Commission and a vice president of the OSCE Parliamentary Assembly. A member of the Republican Party, he has represented Mississippi in the Senate since December 2007. He previously represented Mississippi for 13 years in the House of Representatives. Ben Cardin (@SenatorCardin) is ranking Senate member of the U.S. Helsinki Commission. He serves as special representative on anti-Semitism, racism, and intolerance for the OSCE Parliamentary Assembly. A member of the Democratic Party, he has represented Maryland in the Senate since January 2007 after 20 years in the House of Representatives.

  • Belarus Reality Check

    On October 22, 2018, over 50 international analysts, practitioners, diplomats and policymakers gathered in Vilnius, Lithuania, for the eighth Belarus Reality Check, a full-day review of the Belarusian economy, political and human rights developments, and changes in the regional security situation in and around Belarus. Former Helsinki Commission Senior State Department Advisor Scott Rauland joined representatives of the IMF, the World Bank, Lithuania’s Foreign Ministry, the EU Ambassador to Belarus, and dozens of analysts from Belarus, Lithuania, Latvia, Poland, Ukraine, Germany, and other European nations for the event. Political Developments in Belarus During the first panel, presenters noted that sovereignty and stability remain top priorities for the Government of Belarus. Despite a great deal of work by the OSCE’s Office of Democracy Institutions and Human Rights (ODIHR) in recent years, its recommendations to improve Belarusian elections have still not been implemented, and panelists were skeptical that any action would be taken before parliamentary and presidential elections scheduled for 2020.  Although the Belarusian political opposition remains divided and marginalized, several panelists believed that support for the opposition is growing.  Unfortunately, there was consensus that Russian malign influence in Belarus is also growing, primarily via Russian exploitation of social media platforms in Belarus. The Belarusian Economy The second panel featured four presentations that examined challenges facing the Belarusian economy and analyzed the country’s agonizing choice between beginning long-overdue reforms or remaining dependent on Russian subsidies for oil and gas to shore up failing state-owned enterprises (SOEs).  Panelists pointed out that— due largely to those subsidies—the Belarusian economy has fared better than many of its neighbors for years, and that Belarusians enjoy a better standard of living than a number of their Eastern European counterparts.  Polling by the IPM Research Center has shown that a top priority for Belarusians, and thus for the Government of Belarus, is low inflation.  According to the same study, most Belarusians are satisfied with the current state of affairs. Should the subsidies end, Belarus could face a true crisis.  Belarusian Foreign Policy The final panel discussed Belarusian relations with its neighbors—strangely including China, but omitting the U.S.  Positive trend lines were noted for Belarusian relations with all major countries except Russia, and international organizations have demonstrated increased interest in Belarus. In particular, OSCE Secretary General Greminger visited Belarus for a third time in 2018.  Anaïs Marin of France, recently appointed as UN Special Rapporteur on Belarus, remarked that progress had been made by Belarus on its 2016 National Action Plan on Human Rights, but described continuing Belarusian support of the death penalty as something that required continued scrutiny by the international community.  One analyst took EU policy to task for “aiming at progress, not results.”  Russian policy in Belarus, he claimed, is intended to produce results—namely, to keep Belarus under control and on a short leash.  Another panelist described the conundrum of trying to contain Russian influence in Belarus: “We can’t get rid of Russian influence (money) in Latvia or London; how can we expect to get them out of Belarus?” In a concluding question and answer session, Rauland—who served as charge d’affaires at the U.S. Embassy in Minsk from June 2014 through July 2016—asked the panel to comment on the diverging EU and U.S. strategies on Belarus, noting that the EU had decided to lift sanctions on Belarus completely in 2016, while the U.S. had merely suspended them while awaiting further improvements in human rights.  The panelist who responded to that question described EU policy as a mistake, noting that political prisoners had been released (the event which triggered sanctions relief by the EU), but that their civil rights had not been restored, something he felt should have been a condition for the EU completely lifting sanctions. Answers to a question earlier in the day, asking whether panelists were optimistic about the future for Belarus, may have captured the range of views of the participants best of all.  “Yes,” replied the first to answer.  “I’m ‘realistic’ about progress,” replied the next panelist.  “And I’m an optimistic realist,” concluded the third. The event was organized by the Eastern Europe Studies Centre with the support of USAID, Pact and Forum Syd, together with programmatic contributions from the Carnegie Endowment for International Peace.

  • Beyond Tolerance

    George Washington penned a letter to the Touro Synagogue of Newport, Rhode Island in 1790, underscoring that “everyone shall sit in safety under his own vine and fig tree, and there shall be none to make him afraid.” Washington envisioned an America where religious pluralism was not just present but actively protected. This briefing examined the role of faith in the public square as a good in and of itself and as a public good. Eric Treene, Special Counsel for Religions Discrimination in the Civil Rights Division of the U.S. Department of Justice, noted a duality in the spirit of the American Constitution’s Establishment Clause and the 1777 Virginia Statute for Religious Freedom: neither should someone be forced to support a certain faith nor should he be made to suffer on account of his faith. Treene reemphasized that natural law solidifies our inalienable right to pursue religion and that the founding fathers believed that pluralism must not exclude certain religions. Treene said the Department of Justice strives to defend sincere and “deeply held” religious beliefs while permitting faith to flourish as much as possible without government intervention. Beyond the external ability to worship, Father Deacon Andrew Bennett, Canada’s first Ambassador for Religious Freedom and Director of the Cardus Religious Freedom Institute, underscored faith’s meaningful ability to address metaphysical and existential questions which have been answered by a myriad of faith traditions. Pluralism means that differing ethical and moral views are to be protected insofar as they are non-violent. Fundamentally, pluralism demands freedom of religion, and Father Deacon Bennett argued that a pluralistic society best promotes human flourishing. Dr. Sophie van Bijsterveld, Senator in the Dutch Parliament and Professor of Religion, Law and Society at Radboud University, noted that respect and tolerance, which are often invoked in the context of pluralism, are not clearly defined. To achieve these coexistent ends, she borrowed terms from the former Archbishop of Canterbury Rowan Williams to argue that government authorities may employ “programmatic secularism,” which deters religious activity, or “procedural secularism,” which welcomes religious activity. A contextual understanding of the word “secular” matters especially to current debates over the intersection between values and controversial political subjects like immigration, integration, foreign influencing, and radicalization, etc. Democratic governments struggle to define secularism, and they are further beset by broader definitions from international bodies like the European Court of Human Rights which seeks to protect religious liberties individually yet universally.   Equal treatment among varying cases has been a challenge, as Dr. van Bijsterveld noted that “equal treatment applies in equal circumstances [but] equal treatment…is not necessarily identical treatment.” While the legal uncertainty resulting from diverse religious practice does pose a challenge to legal institutions, overreliance on secularism in the name of fairness could also threaten equal treatment of religious activities. Ideally, secularism is a neutral ideology, but in Canada, Father Deacon Bennett expressed concern over a “prescribed diversity” and understanding of secularism which might fetter religious freedom. Under “prescribed diversity,” official support for any one ideology risks belittling or demonizing other forms of religious expression under what Father Deacon Bennett termed “illiberal totalitarianism in the public square.” A balance must be maintained so that faith is not reduced to an entirely private affair, compelling faith to vacate the public square. Treene commented on this difficult tension through the example of French laïcité, government-enforced secularism in the public square. The French government has not been a neutral referee in the fight between secularism and religious expression, and controversial decisions like the French headscarf ban have endeavored to solidify a secular foundation in the public square, arguably at the expense of religious expression. The degrees to which religion should counteract secularism or vice versa will continue to be debated, but the panelists all concurred that it is the role of society to respect inherent human dignity and to respect others’ rights to freedom of conscience, expression and association. As Dr. van Bijsterveld noted, this also includes mutual understanding between public authorities and religious communities. The implication of such cooperation is especially significant in a politically polarized society because greater amounts of religious freedom correlates with decreased levels of social conflict, according to recent scholarship at the Religious Freedom Research Project. Following George Washington’s encouragement of diverse religious practice in 1790’s America, we too should respect faith’s essential place in the public square in 2018, panelists argued.

  • Faith in the Public Square to Be Discussed at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: BEYOND TOLERANCE Faith in the Public Square Monday, October 29, 2018 2:30 p.m. Russell Senate Office Building Room 188 Live Webcast: www.facebook.com/HelsinkiCommission Religious freedom is enshrined in the constitution and laws of the United States, Canada, and many western European countries. As participating States of the Organization for Security and Cooperation in Europe, they have repeatedly affirmed that religious freedom is a fundamental freedom and committed to respecting it. But over the past few decades, there have been shifts to language and attitudes of “tolerance” regarding faith in the public square. This briefing will examine faith in the public square as a good in and of itself, a social good, and essential for modern democracy. Panelists will discuss the interplay between public expressions of faith and law, policy, culture, society, and human flourishing in the United States, Canada, and Europe. They will also discuss philosophy underpinning original and shifting understandings of faith in the public square. The following panelists will offer brief remarks, followed by questions: Eric Treene, Special Counsel for Religious Discrimination, Civil Rights Division, U.S. Department of Justice Rev. Dr. Andrew Bennett, Canada’s Ambassador for Religious Freedom (2013-2016); current Director, Cardus Religious Freedom Institute Dr. Sophie van Bijsterveld, Senator, Dutch Parliament, and Professor of Religion, Law and Society, Radboud University

  • Chairman Wicker Welcomes Release of Pastor Andrew Brunson

    WASHINGTON—Following the court-ordered release of U.S. pastor Andrew Brunson from house arrest in Turkey today, Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: “I welcome the release of Pastor Brunson from house arrest and look forward to his return to the United States. The charges against him are baseless, and he should never have served a single day in jail. Thousands of Americans have been praying for this outcome. While this is a positive step by the Government of Turkey, I again urge the administration not to lift the Global Magnitsky sanctions currently in place on Turkish officials involved in the ongoing, unjust detention of American citizens and consulate employees. There is no room in NATO for hostage-taking.” Pastor Brunson was first detained by Turkish authorities on October 7, 2016, and subsequently charged with supporting a terrorist organization and committing espionage. He was transferred to house arrest this July after more than a year in prison. Several other American citizens, including NASA scientist Serkan Gölge, and two Turkish employees of U.S. consulates have also been detained and charged with terrorism offenses with no evidence to support the claims. A third consulate employee remains under house arrest on dubious charges. In September 2018, Chairman Wicker called for U.S. sanctions on Turkey’s justice and interior ministers to continue until all wrongfully detained Americans and locally employed staff of U.S. consulates in Turkey are free. Ending these unjust detentions would be the next step in reestablishing positive relations between the United States and Turkey. In November 2017, the Helsinki Commission held a hearing on the detention of American citizens and U.S. consulate employees in Turkey. A month earlier, Helsinki Commission leaders called on President Erdogan to lift the state of emergency imposed in July 2016 after the failed military coup against his government. Turkey ended its two-year-long state of emergency in July 2018, but shortly thereafter the Grand National Assembly approved legislation enshrining many of President Erdogan’s controversial emergency decrees. Ahead of the May 2017 meeting between President Donald Trump and Turkish President Recep Tayyip Erdogan, Helsinki Commission leaders also urged President Trump to seek guarantees that U.S. citizens and locally employed staff jailed in Turkey will have their cases promptly and fairly adjudicated.

  • Politically-Motivated (In)Justice

    Since 2008, Lithuanian judge and parliamentarian Neringa Venckiene has been seeking justice for her young niece, who was allegedly sexually molested by two Lithuanian government officials. Despite a court ruling that there was enough evidence to indict the child’s mother for facilitating the molestation, the niece was taken from Judge Venckiene and returned to the mother’s care, preventing the girl from testifying further in an ongoing trial against her alleged abusers.  In 2013, Judge Venckiene fled Lithuania to seek political asylum in the United States, fearing retribution not only for her efforts to protect her niece but also for her leadership in a new anti-corruption political party.  Lithuanian prosecutors have charged Judge Venckiene with at least 35 crimes, ranging from petitioning the court on her niece’s behalf, to speaking to journalists about the case, to bruising an officer during her struggle to keep her niece from being returned to the accused mother. Five years after arriving in the United States, Judge Venckiene’s political asylum case has still not been heard, but U.S. authorities are moving to extradite her under the U.S.-Lithuania extradition treaty for bruising the officer who was returning the girl to the accused mother during the trial.  The hearing explored the limits of extradition among allies, especially when charges appear politically motivated. Witnesses discussed the evidence of political motivation, including statements made publicly by the recent Chairman of the Lithuanian Supreme Court calling Judge Venckiene “an abscess in the judicial and the political system,” and “the trouble of the whole state.” Several witnesses argued forcefully that these and other actions by Lithuanian authorities demonstrate blatant political motivation.  Dr. Vytautas Matulevicius, a member of the Seimas from 2012 to 2016 for the anti-corruption political party led by Judge Venckiene said, “...[T]he case of N. Venckienė itself can be regarded as a typical recurrence of the Soviet legal system—a person who talks too much about the crimes of influential people can be turned into a criminal herself.”  Human rights litigator Abbe Jolles calling Judge Venckiene’s extradition to a system with “no chance of a fair trial” a “likely death sentence.” The hearing examined other lenses through which to view the legal case for extradition. Law Professor Mary Leary explored the definitions of human trafficking established by Trafficking Victims Protection Act of 2000 (P.L. 106-386) and by the Palermo Protocol. She advised that [as has been alleged], “if evidence exists that the abusers provided financial and other benefits to the mother of the child victim, this child sexual abuse could also implicate child sex trafficking.”    Concerns were also raised about the humanitarian standards of the Lithuanian prison system. As Ms. Jolles noted, several countries have previously refused Lithuanian extradition requests over concerns of unacceptable conditions and the possibility of torture.  In addition, the United States cited Lithuania in a 2017 report for prison conditions below international standards. The litany of charges against Judge Venckiene that have been added and subtracted was also considered. In particular, the legitimacy of the charge of assaulting a police officer during the seizure of her niece was questioned.  It remains unclear why Lithuanian prosecutors did not arrest Judge Venckiene while she was living in Lithuania for a year after the alleged assault, or why they would have allowed an alleged felon to immigrate to the United States and reside there for over two years before eventually filing for her extradition.  This, again, suggested the possibility of political motivation behind the charges. The Government of Lithuania was invited to participate in the hearing, or to suggest a witness to represent its perspective, but declined. Instead, the Embassy of Lithuania provided a written statement.

  • Helsinki Commission to Explore Extradition Case of Lithuanian Judge Neringa Venckiene

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: POLITICALLY-MOTIVATED (IN)JUSTICE? THE EXTRADITION CASE OF JUDGE VENCKIENE Thursday, September 27, 2018 2:00 p.m. Rayburn House Office Building Room 2261 Live Webcast: http://www.youtube.com/HelsinkiCommission Since 2008, Lithuanian judge and parliamentarian Neringa Venckiene has been seeking justice for her young niece, who was allegedly sexually molested by two Lithuanian government officials. Despite a court ruling that there was enough evidence to indict the child’s mother for facilitating the molestation, the niece was taken from Judge Venckiene and returned to the mother’s care, preventing the girl from testifying further in an ongoing trial against her alleged abusers. In 2013, Judge Venckiene fled Lithuania to seek political asylum in the United States, fearing retribution not only for her efforts to protect her niece but also for her leadership in a new anti-corruption political party. Lithuanian prosecutors have since charged Judge Venckiene with at least 35 crimes, ranging from petitioning the court on her niece’s behalf, to speaking to journalists about the case, to bruising an officer during her struggle to keep her niece. Five years after arriving in the United States, Judge Venckiene’s political asylum case has still not been heard, but U.S. authorities are moving to extradite her under the U.S.-Lithuania extradition treaty. The hearing will explore the limits of extradition among allies, especially when charges appear politically motivated. Witnesses will also discuss whether the bilateral extradition treaty would protect Judge Venckiene from additional charges and civil suits if she were extradited. Witnesses scheduled to testify include: Karolis Venckus, Son of Judge Neringa Venckiene Dr. Vytautas Matulevicius, Member of Lithuanian Parliament, Way of Courage Party (2012-2016) Abbe Jolles, Esq., International Human Rights Litigator, AJ Global Legal Professor Mary G. Leary, Catholic University of America, Columbus School of Law

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