Title

Ukraine's Upcoming Elections: A Pivotal Moment

Thursday, May 17, 2012
United States
Members: 
Name: 
Hon. Christopher Smith
Title Text: 
Chairman
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Steve Cohen
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Name: 
Hon. Michael Burgess
Title Text: 
Commissioner
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Yehvenia Tymoshenko
Title: 
Daughter of Imprisoned Former Prime Minister Yulia Tymoshenko
Name: 
Stephen Nix
Title: 
Director
Body: 
Eurasia Division, International Republican Institute (IRI)
Name: 
David Kramer
Title: 
President
Body: 
Freedom House
Name: 
Katie Fox
Title: 
Deputy Director, Eurasia
Body: 
National Democratic Institute (NDI)
Name: 
Gavin Weise
Title: 
Deputy Director, Europe and Asia
Body: 
International Foundation for Electoral Systems (IFES)

This hearing focused on concerns of democratic backsliding in Ukraine under President Viktor Yanukovych.  In particular, the witnesses and commissioners discussed their concerns with the October 2010 local elections, the March 2012 mayoral elections. The witnesses, including the representative from several different non-governmental organizations working on democratic development in Ukraine, spoke about the impact of corruption, controls over the media and harassment of NGOs on the electoral process.  Evheniya Tymoshenko, the daughter of imprisoned former Prime Minister Yulia Tymoshenko, also spoke about her mother’s case.

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  • Chairman Wicker, Ranking Member Cardin on Anniversary of Death of Joseph Stone in Ukraine

    WASHINGTON—On the one-year anniversary of the death of Joseph Stone, a U.S. paramedic serving in the OSCE Special Monitoring Mission (SMM) in Ukraine, Helsinki Commission Chairman Sen. Roger Wicker (MS) recalled Stone’s tragic death, criticized the pressure put on international monitors, and called for the Russian government to end the cycle of violence that resulted in Stone’s death.  Stone’s life was cruelly cut short when his vehicle struck a landmine in separatist-controlled territory in eastern Ukraine. “Civilian OSCE monitors like Mr. Stone risk their lives to tell the world what is happening, even as they face violent harassment and physical obstruction. Monitors should be able to travel throughout the country without restriction or intimidation, as their mandate requires,” Sen. Wicker said. “Russia’s continued fueling of this war must end. Putin and those he supports should live up to their commitments under the Minsk agreements and get out of Ukraine.” Sen. Ben Cardin (MD), a senior member of the Senate Foreign Relations Committee and Ranking Senate Commissioner, praised the work of the monitors and condemned Russia’s leaders for their role in the conflict. “Joseph Stone gave his life in service to a mission that shines a light on a war that has killed thousands and affected millions more.  Every day, these brave, unarmed monitors report the ground truth from a conflict manufactured by Putin and his cronies to advance his vision of a weak and destabilized Ukraine,” Sen. Cardin stated. “Russia’s invasion of Ukraine is one of the most serious breaches of OSCE principles since the signing of Helsinki Final Act in 1975. The Russian regime must put an end to the cycle of violence it perpetuates in Ukraine and live up to its OSCE commitments.” The SMM was established in 2014 to monitor implementation of the Minsk agreements, which were designed to bring peace to eastern Ukraine. It is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. It is the only independent monitoring mission in the war zone. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine.  It currently fields roughly 700 monitors, nearly 600 of whom are in the Donetsk and Luhansk regions. The United States supports the SMM by providing more than 60 monitors and other resources to the mission.

  • Use Magnitsky Act to Fight Russian Thuggery

    In “Kremlin Revenge in Guatemala” (Americas, March 26) Mary Anastasia O’Grady rightly draws attention to the determination of Vladimir Putin’s cronies to hurt those who defy their corruption. The yearslong ordeal of the Bitkov family—their harassment, persecution and ultimate imprisonment in a Guatemalan jail after fleeing Russia—is astonishing because of its cruelty. However, the story also reveals a much larger truth about the global web of complicity that the Kremlin will weave to suppress the rule of law and human rights outside its own borders. As chairman and former chairman of the U.S. Helsinki Commission, which works to advance international human rights, we are encouraged by the release of the first-ever sanctions list under the Global Magnitsky Act late last year. We ask that the administration put those responsible for the harm done to the Bitkovs on this list. These individuals should be held accountable for the flagrant torture and oppression they have inflicted upon this family, once at the helm of a thriving paper-mill company and now unjustly sentenced to years in a Guatemalan jail. Russia’s message of intimidation to the Bitkovs is a familiar one. We’ve seen before what the kleptocracy will do to those who challenge its crimes. We know the stories of Mikhail Khodorkovsky and Sergei Magnitsky. In 2012, we championed the Magnitsky Act for the wrongful punishment and death of Magnitsky, who uncovered massive fraud at the hands of Russian authorities. Under the law, those who were complicit in his death would have their U.S. assets frozen and any travel to the U.S. denied. The Global Magnitsky Act, passed four years later, broadens America’s response to human-rights offenders around the world. We have refused to respond to these stories with silence, and we cannot tolerate impunity now. Sen. Roger Wicker (R., Miss.) Sen. Ben Cardin (D., Md.)

  • Helsinki Commission Chair Welcomes New Russia Sanctions

    WASHINGTON—Following today’s announcement by the Trump administration of the first Russian individuals and entities to be sanctioned under the 2017 Countering America's Adversaries Through Sanctions Act (CAATSA), Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement: “I welcome today’s action by the administration. The targets of this first round of sanctions demonstrate that the United States will not tolerate Russian cyberattacks on our critical infrastructure, and we will not accept attempts by the Putin regime to interfere in U.S. elections. I encourage the administration to continue to expand and enforce sanctions against those in Russia who violate our laws and harm our national security.” CAATSA was passed overwhelmingly by Congress in July 2017 and signed into law by President Trump on August 2, 2017. It codifies certain executive order sanctions and directs the administration to impose additional penalties on the Kremlin’s clear, gross, and uncorrected violations of international norms.

  • Could U.S. Law Help Punish Russians for Doping Scheme?

    WASHINGTON — In recent months, the United States has punished the following people for alleged human rights violations and corruption: A former Gambian president who led terror and assassination squads. A Chechen leader involved in torture, kidnapping and murder. A Pakistani man at the center of a human-organ trafficking network. And a former Russian sports minister who was implicated in a nation’s systematic doping scheme that tainted several Olympics and other international competitions? Well, not the last person — at least not yet. The United States Anti-Doping Agency is exploring the use of government sanctions to punish Russian officials involved in the state-supported doping program that turned the 2014 Sochi Games into a sham. On Tuesday, Travis Tygart, the chief executive of the agency, attended a workshop here sponsored by the U.S. Helsinki Commission to see if the Global Magnitsky Act, a 2016 law that allows the sanctions, could apply to the Russians. The law calls for individuals who have committed human rights violations or significant corruption to be barred from obtaining United States visas and blocked from using the American financial system, which effectively blacklists them from doing business with major world banks. Powerful, wealthy people don’t like to have their assets frozen. “What happened in Sochi was the worst case of corruption that we’ve ever seen in sport, so why shouldn’t the act apply to us?” Tygart said. “We have to look down every avenue if we’re working for clean athletes, particularly in light of the I.O.C.’s failure do anything.” Tygart said American athletes have been demanding that the antidoping agency find ways to better protect clean athletes in the future so the Russian doping debacle is never repeated. The International Olympic Committee punished Russia, sort of, for its widespread doping. It barred the Russian Olympic Committee, the Russian flag and the Russian national anthem from last month’s Pyeongchang Games, while letting some Russian athletes compete under a neutral flag. It also barred for life one top Russian official: Vitaly Mutko. (He was implicated in the doping program as the Russian sports minister. After the scheme was exposed, he was promoted to deputy prime minister.) Three days after the Pyeongchang Games ended, the I.O.C. reinstated Russia’s Olympic committee — even though two Russian athletes had failed drug tests during the competition. So the United States antidoping group is looking for additional ways to punish the Russians. The Global Magnitsky Act is in its infancy and the sports angle might be a long-shot, but why not try? Besides, the United States government often has to do the dirty work for sports leagues and federations that refuse to police themselves. To take down the principles and athletes involved in the Bay Area Laboratory Co-Operative steroids scandal that ensnared athletes like Barry Bonds and Marion Jones, law enforcement made arrests and prosecutors took it from there. To address the widespread doping problem in Major League Baseball, Congress had to drag players and management in to testify. To uncover corruption in FIFA, United States prosecutors took the lead and indicted more than two dozen officials and businessmen from all over the world — much to the dismay of soccer’s global establishment. And now it could be the Global Magnitsky Act that delivers a staggering blow to the Russians for corrupting the results of major global sports competitions — including, but certainly not limited to, the Olympics. Among the people who could be targeted for sanctions are Mutko; Yuri D. Nagornykh, the former deputy sports minister; Irina Rodionova, the former deputy director of the Center for Sports Preparation; and others mentioned in an affidavit by Dr. Grigory Rodchenkov, Russia’s former longtime antidoping laboratory chief who blew the whistle on the whole operation. Does such sports corruption rise to the level covered by the law? William F. Browder thinks so. He’s a prominent investor who worked with Congress on the original Magnitsky Act, which was passed in 2012 in response to the death of Browder’s Russian lawyer, Sergei L. Magnitsky. The lawyer had uncovered a $230 million tax-theft scheme before he was arrested and died in prison. “There’s one important issue and that’s the doping scandal at the Sochi Games led to what I believe were murders,” Browder said, referring to two officials from Russia’s antidoping agency who died within two weeks of each other in 2016. “There were a number of people involved who died very suspiciously who were most likely liquidated to cover up a crime.” He added: “There were people who effectively ruined institution of sport and have committed crimes to do so. That would reach the standard of Global Magnitsky, in my opinion. These people involved in sports doping, they’re shameless. So there needs to be really hard consequences. They need to pay a very dear price.” That price would be losing access to their money and the freedom to move about the world. And they would be on a list with some of the world’s worst criminals. “If the Olympic Games are unquestionably tainted, that has huge economic ramifications for not just U.S. athletes, but for U.S. industry, and the U.S. government has an interest in making sure that doesn’t happen,” said Robert G. Berschinski, senior vice president for policy at Human Rights First and a former deputy assistant secretary of state. I asked him if he thought the individuals involved in the Russian doping case could be sanctioned under the law. “Without getting into specifics,” he said, “it seems that you can make a case.” Tygart thinks so, too. He left the workshop on Tuesday thinking that sanctions were a last resort but “a viable option.” Is it truly a viable option, and will the antidoping agency act on it? A certain group of Russians might not be eager to learn the answers.

  • How to Get Human Rights Abusers and Kleptocrats Sanctioned under the Global Magnitsky Act

    The workshop provided human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. Sanctions experts described, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also discussed the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists shared investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates.

  • Helsinki Commission Workshop to Explain Global Magnitsky Sanctions Process

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced a workshop to provide human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. HOW TO GET HUMAN RIGHTS ABUSERS AND KLEPTOCRATS SANCTIONED UNDER THE GLOBAL MAGNITSKY ACT Tuesday, March 13, 2018 3:00 p.m. Capitol Visitor Center Room SVC 212-10 Live Webcast: www.facebook.com/HelsinkiCommission Sanctions experts will describe, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also will discuss the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists will share investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates. Panelists include: Rob Berschinski, Senior Vice President, Human Rights First; former Deputy Assistant Secretary of State Brad Brooks-Rubin, Managing Director, The Sentry; formerly with the Departments of State and Treasury Bill Browder, Founder and Director, Global Magnitsky Justice Campaign Mark Dubowitz, CEO, Foundation for Defense of Democracies Adam Smith, Partner, Gibson, Dunn & Crutcher; formerly with the National Security Council and Department of Treasury Josh White, Director of Policy and Analysis, The Sentry; formerly with the Department of Treasury The Global Magnitsky Act is a powerful new tool for deterring human rights violations and fighting corruption. Presence on this list freezes any U.S. assets an individual may hold, blocks future transactions within the U.S. financial system, and bans any travel to the United States. By sanctioning individuals who engage in the worst abuses of power, the United States hardens its own system to external abuse while extending moral support and solidarity to those whose fundamental freedoms are curtailed or denied.

  • Helsinki Commissioner Richard Hudson Highlights Russian Aggression, Decline in Rule of Law in Turkey at Inter-Parliamentary Forum

    On February 22 and 23, 2018, approximately 240 parliamentarians from 53 countries in North America, Europe, and Central Asia met in Vienna, Austria for the 17th Winter Meeting of the OSCE Parliamentary Assembly. Helsinki Commissioner Rep. Richard Hudson (NC-08) represented the United States and actively advocated for U.S. positions and expressed U.S. concerns regarding challenges to security and cooperation in Europe, including Russia’s clear, gross, and uncorrected violations of Helsinki principles. Established in 1991, the OSCE PA is the parliamentary counterpart to the multilateral diplomacy that takes place under the auspices of the OSCE. By meeting each winter in Vienna—home of the OSCE Secretariat—the OSCE PA fosters parliamentary interaction with OSCE officials and the diplomatic representatives of the 57 participating States. The first OSCE PA meetings of the year, and second in importance only to the annual session held each summer, Winter Meetings allow parliamentarians to prepare their work for the coming year and debate issues of immediate concern. Rep. Hudson spoke in all formal sessions of the 2018 Winter Meeting and in the meeting of the Ad Hoc Committee on Countering Terrorism, where he serves as vice-chair. During the meeting’s opening session, he forcefully denounced Russian aggression against its neighbors and expressed strong support for the OSCE’s Special Monitoring Mission in Ukraine.   Addressing the OSCE leadership, he said, “The Kremlin needs to halt the violence in eastern Ukraine and withdraw all political, military, and financial support for its proxies, restore Ukrainian control over its international borders, and respect Ukraine’s territorial integrity and sovereignty. Moscow must also end its illegal occupation of Crimea. In short, President Putin needs to de-escalate his manufactured conflict.”  Later in the Winter Meeting, Rep. Hudson noted the third anniversary of the murder of Russian opposition activist Boris Nemtsov in Moscow. “Three years on, the organizers and masterminds of the Nemtsov assassination remain unidentified and at large,” he said. “The connection between [Russia’s] aggressive external behavior and the retreat from democracy and violation of human rights at home … in my view cannot be stressed strongly enough.”   Condemning the continued imprisonment of American citizen and fellow North Carolinian Pastor Andrew Brunson in Turkey, as well Turkey’s recent sentencing of NASA scientist Serkan Golge, Rep. Hudson called for their immediate release and a continued focus on outstanding human rights cases arising from President Erdogan’s assault on democracy in Turkey. He also supported greater energy security through diversification of sources, outlined the U.S. approach to the challenge of nuclear proliferation, and suggested ways for the OSCE more effectively counter terrorism. OSCE PA President George Tsereteli of Georgia, who recently visited New York and Washington, welcomed active U.S. engagement and credited the Helsinki Commission for turning OSCE PA efforts into diplomatic initiatives which can directly improve people’s lives. The next meeting of the OSCE PA will be its annual session, scheduled for Berlin, Germany, in early July.  

  • Boris Nemtsov: 1959-2015

    On February 27, 2015, former Deputy Prime Minister and Russian opposition leader Boris Nemtsov was brutally murdered on the Bolshoi Moskvoretsky Bridge directly in front of the Kremlin in Moscow, Russia. Three years after Nemtsov’s assassination, the Helsinki Commission examined the investigation into Nemtsov’s murder to shed light on the circumstances of the most high-profile political assassination in modern Russia. The Helsinki Commission probed reasons why the plaintiffs were denied the opportunity to a fair trial, the effects Russian propaganda has had on Russian citizens in the suppression of information about the case, and the impact of sanctions resulting from the 2016 Global Magnitsky Act. The Commissioners heard testimony from Zhanna Nemtsova, daughter of Boris Nemtsov; Vladimir Kara-Murza, Chairman of the Boris Nemtsov Foundation for Freedom; and Vadim Phrokhorov, Lawyer for the family of Boris Nemtsov. Sen. Roger Wicker (MS), chairman of the Helsinki Commission, introduced the witnesses and commended Ms. Nemtsova for her courageous activism against gross human rights violations in Russia. Sen. Ben Cardin (MD), the Helsinki Commission’s ranking senator, highlighted Russian President Vladimir Putin’s attempts to suppress democracy in Russia, as well as the Kremlin’s use of military force in Ukraine, interference in the 2016 U.S. presidential elections, and involvement in the deaths of political opponents like Mr. Nemtsov. Sen. Cardin also praised Russian citizens who side with democracy and emphasized that “[members of the Helsinki Commission] are on the side of the Russian people.” Rep. Christopher Smith (NJ-04), Co-Chairman of the Helsinki Commission, discussed how the Magnitsky Act is a breakthrough and a “very useful tool against repressive regimes.” He also asked the panelists for recommendations on actions the United States can and should take to further transparency on the investigation, and expressed interest in initiating a procedure to establish a special representative for the OSCE Parliamentary Assembly meeting in July of 2018. “And, so, for Boris himself, we need [...] all parties responsible to be held to account — total transparency,” Rep. Smith said.   Ms. Nemtsova, the first to testify, criticized Russian authorities for failing to classify the murder as politically motivated. She also explained how the Russians want to end public debate on sensitive political issues. “You probably are aware of what [the Russians] are afraid of most,” she said. “They’re afraid of the sunshine. My father’s case is one of the sensitive issues, and that’s why it’s important to bring it to the sunshine.” Ms. Nemtsova also criticized the investigative committee for not identifying the individual that orchestrated the murder. In closing, she noted that the Government of Russia has tried—but failed— to erase her father’s memory, and urged the Commissioners to appoint a special representative to oversee the investigation at the July 2018 Parliamentary Assembly Annual Session in Berlin, Germany. During his testimony, Mr. Kara-Murza reiterated the importance of the Boris Nemtsov plaza-naming ceremony that took place on February 27, 2018, exactly three years after his murder. The District of Columbia renamed a section of Wisconsin Avenue, in front of the Russian Embassy, to honor Boris Nemtsov’s legacy. “It is important for those who continue to hold remembrance marches [...] for people who continue Boris Nemtsov’s work by exposing government corruption. You can kill a human being, but you cannot kill what he stood for,” he said. Mr. Kara-Murza noted that experts frequently blur the line between a country and a regime and urged political leaders in Western democracies to “not equate Russia with the regime that is ruling it.” He concluded by urging the Commissioners to initiate a process, similar to the appointment of a special rapporteur, under the auspices of the OSCE Parliamentary Assembly Annual Session being held in July 2018.   Mr. Prokhorov reiterated how Russian authorities refused to recognize Boris Nemtsov’s murder as politically motivated and that the evidence led to the inner circle of Ramzan Kadyrov, the leader of Chechnya. “The problem is not that the investigation of the suspects is difficult or impossible. Our principal concern is that the investigative authorities are not willing to make any effort to do so,” Mr. Prokhorov said. Mr. Prokhorov stated that the Russian authorities breached the family of Boris Nemtsov’s right to a fair trial and how “none of the organizers or masterminds have been identified or persecuted to date.” He concluded by urging western political leaders, diplomats, and public figures to engage Russian counterparts in dialogue regarding Boris Nemtsov’s murder when given the opportunity to do so.

  • Attorney for Russian ‘Icarus’ Whistleblower Blasts Olympic Anti-Doping Effort

    WASHINGTON—The attorney for the Russian whistleblower featured in Bryan Fogel’s Oscar-nominated movie “Icarus” is blasting the International Olympic Committee for not taking harsher measures against Russia for the state-sanctioned use of performance enhancing drugs by its athletes. Jim Walden, the attorney for Grigory Rodchenkov, who is at the center of “Icarus,” spoke to the Helsinki Commission on Capitol Hill and said the IOC’s ban on Russian participation in the recent Winter Olympics was “hardly a slap on the wrist.” “In reality, it was a PR stunt—a sham,” he said last week. “After all, Russia has now fielded one of its largest teams at the ongoing Olympics in Pyeongchang. They are permitted to compete not as neutral athletes but in uniforms bearing Russia’s name.” Rodchenkov served as the director of the Moscow Anti-Doping Center, tasked with ensuring compliance with the World Anti-Doping Agency. In fact, he was “ordered by his Kremlin bosses” to assist in “an elaborate system to allow Russia’s athletes to cheat in international competitions, including the Olympics,” Walden said. In the movie, Rodchenkov works with Fogel on his effort to use performance enhancing drugs as a way to show how Lance Armstrong evaded detection for so long. But, as “Icarus” unfolds, Rodchenkov becomes the center of the anti-doping scandal. Rodchenkov is now in hiding in the United States, given the threats from Russia, which has denied the claims. “Russian officials have harassed his family, confiscated his property, and even declared that he should be ‘shot as Stalin would have done,'” Walden said in his testimony. “To discredit Dr. Rodchenkov, even Russian President Vladimir Putin has gotten in the game, accusing the FBI of ‘drugging’ Dr. Rodchenkov to elicit false testimony while, at the same time, calling Dr. Rodchenkov an ‘imbecile’ and ‘mentally unstable.'” Rodchenkov was sued for defamation last week in New York by a group of Russian athletes, in a lawsuit that is being backed by Mikhail D. Prokhorov, who owns the Brooklyn Nets, the New York Times reported. “The IOC has stood by and watched this abhorrent conduct against its main witness without taking any action at all,” Walden said in his appearance before the commission. “Did this embolden Russia? You tell me. Russia reacted by also retaliating directly against the IOC and WADA. They hacked the IOC’s and WADA’s computers, disclosed confidential documents, and even threatened to bring sanctions against IOC members and WADA executives.” He continued, “No one can seriously argue that this cowardly and ineffective response by the IOC is appropriate, will deter future cheating, or is fair to clean athletes, Olympic sponsors, or fans. No one can seriously argue that the IOC’s self-policing system works at all.” Walden called on Congress to pass legislation to add criminal penalties for doping. He said a statute could be similar to the Foreign Corrupt Practices Act, which sanctions foreign government officials for actions that impact U.S. businesses. The commission is an independent agency that includes members of the House and the Senate, and it monitors human rights and international cooperation in Europe. A spokesman for the IOC did not return a request for comment.

  • Chairman Wicker Urges Bosnia to Curb Corruption

    WASHINGTON—Helsinki Commission Chairman Senator Roger Wicker (MS) issued the following statement regarding an Organization for Security and Cooperation in Europe report on the failure of Bosnia’s court system to tackle corruption in the country: “I am hopeful that Bosnian officials at all levels of government will take the findings of this report to heart. Curbing corruption needs to be a top priority for Bosnia if it hopes to pursue European integration.” Chairman Wicker had previously warned of worsening corruption in Bosnia in a February 4, 2016, interview with RFE/RL. In that interview, he said that he was “troubled that responsible political authorities in Sarajevo tolerate the subversion of the rule of law by entrenched local interests.”

  • The Russian Doping Scandal

    In 2016, Dr. Grigory Rodchenkov blew the whistle on Russia’s state-run doping program, revealing a deep web of deception and fraud that he had once helped facilitate. This revelation led to the total ban of Russia from the 2018 Winter Olympics and intensified the debate over corruption in sports. After fleeing Russia for fear of retaliation, Dr. Rodchenkov now lives a precarious life in the United States, relying on whistleblower protections and fearful that Russian agents may one day come knocking. This briefing featured Dr. Rodchenkov’s attorney, Jim Walden, for a conversation on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions. It also included a discussion of Oscar-winning documentary Icarus, which chronicles Dr. Rodchenkov’s journey from complicit head of Russia’s anti-doping laboratory to courageous whistleblower. During the briefing, Mr. Walden described the elaborate system Dr. Rodchenkov led to bypass doping testing. He further went on to detail the punishments levied on the Russian government by the International Olympic Committee (IOC).  He said that the IOC has insufficiently punished Russia for its state-sponsored doping program by not fully banning Russia from the 2018 Winter Olympic Games in Pyeonchang. In addition, most of the 43 “lifetime” bans of doped Russian athletes have been overturned by the Court of Arbitration for Sport. Furthermore, Russia has not accepted responsibility and instead seeks to retaliate against Dr. Rodchenkov. For example, Russian officials have harassed Dr. Rodchenkov’s family, confiscated his property and launched an information campaign to discredit him. In addition, three of the guilty Russian athletes have sued Dr. Rodchenkov in New York State Supreme Court for defamation.  The Russian government has even retaliated against the IOC and World Anti-Doping agency (WADA) by hacking the IOC’s and WADA’s computers, disclosing confidential documents, and even threatening  to bring sanctions against IOC Members and WADA executives. Mr. Walden closed his statement with a legislative solution to combat Russian doping. He proposed creating a doping “long-arm statute” similar to the Foreign Corrupt Practices Act or amending the Controlled Substances Act  to give the U.S. power to persecute foreign officials and athletes that engage in doping and provide whistleblower protection. In response to a question from Helsinki Commission Policy Advisor Paul Massaro about the IOC’s response to the incident, Mr. Walden said that the IOC’s reaction was ineffective due to corruption, complicity, or ineptitude. When asked about the motivations behind Russia’s doping program, Mr. Walden noted that the doping program is unique to Russia because of the impact on sport in Russian society and added that the success of the Sochi Olympics greatly boosted Vladimir Putin’s approval ratings.

  • Nemtsov Murder Investigation Under Scrutiny at Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: BORIS NEMTSOV, 1959-2015: SEEKING JUSTICE, SECURING HIS LEGACY Wednesday, February 28, 2018 3:30 p.m. Dirksen Senate Office Building Room 138 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce022818 Three years after Russian opposition leader Boris Nemtsov was gunned down on a bridge in front of the Kremlin, and one day after the unveiling of Boris Nemtsov Plaza in front of the Russian Embassy in Washington, D.C., the Helsinki Commission will examine the outcome of the official investigation and trial into his assassination. An officer of the Russian Interior Ministry with links to Chechen leader Ramzan Kadyrov was convicted of pulling the trigger; four others were sentenced as perpetrators. Gen. Alexander Bastrykin, the head of Russia’s Investigative Committee has declared the case “solved.” Yet, three years on, the organizers and masterminds of the Nemtsov assassination remain unidentified and at large. The United States has sanctioned both Kadyrov and Bastrykin for gross human rights violations under the Magnitsky Act. The Parliamentary Assembly of the Council of Europe has appointed a Special Rapporteur to assess the status of the case and report on its shortcomings. At this hearing, the Commission will consider whether similar oversight is needed within the framework of the Organization for Security and Cooperation in Europe. This hearing will also examine the particular importance of Boris Nemtsov’s legacy of public and competitive politics as Russia looks to Vladimir Putin’s fourth official term in office. Witnesses scheduled to testify include: Zhanna Nemtsova, Daughter of Boris Nemtsov Vadim Prokhorov, Lawyer for the Nemtsov family Vladimir Kara-Murza, Chairman, Boris Nemtsov Foundation for Freedom

  • Russian Doping and Fraud to Be Probed at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: THE RUSSIAN DOPING SCANDAL: PROTECTING WHISTLEBLOWERS AND COMBATING FRAUD IN SPORTS Thursday, February 22, 2018 3:30 p.m. Capitol Visitor Center Room SVC 203 Live Webcast: www.facebook.com/HelsinkiCommission In 2016, Dr. Grigory Rodchenkov blew the whistle on Russia’s state-run doping program, revealing a deep web of deception and fraud that he had once helped facilitate. This revelation led to the total ban of Russia from the 2018 Winter Olympics and intensified the debate over corruption in sports. After fleeing Russia for fear of retaliation, Dr. Rodchenkov now lives a precarious life in the United States, relying on whistleblower protections and fearful that Russian agents may one day come knocking. This briefing features Dr. Rodchenkov’s attorney, Jim Walden, for a conversation on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions. It will also include a discussion of the Oscar-nominated documentary Icarus, which chronicles Dr. Rodchenkov’s journey from complicit head of Russia’s anti-doping laboratory to courageous whistleblower.

  • A Call for Action against Anti-Semitism in Europe

    By Erika Schlager, Counsel for International Law, and Mischa Thompson, Senior Policy Advisor In commemoration of International Holocaust Remembrance Day, the OSCE Italian Chairmanship hosted an “International Conference on the Responsibility of States, Institutions, and Individuals in the Fight against Anti-Semitism in the OSCE Area” on January 29, 2018. More than 300 government officials and civil society leaders participated in the event, including ten cabinet-level Ministers from OSCE participating States. Ambassador Michael Kozak of the Department of State Bureau of Democracy, Human Rights, and Labor, represented the United States.  Reflecting the Chairmanship’s strong commitment to addressing anti-Semitism, the conference was held during the 80th anniversary of Italy’s adoption of the Italian Racial Laws, which restricted the rights of Italian Jews and the native inhabitants of the colonies. Conference participants raised concerns about the increasing power of anti-Semitic and xenophobic parties in France, Austria, Hungary, and Germany; anti-Semitic marches in Poland, Sweden, and the United States; and the safety and future of Jewish communities in Europe.  Several speakers voiced alarm regarding the a law passed in the Polish parliament on the eve of the conference, which is ostensibly intended to ensure accuracy when ascribing responsibility for the genocide perpetrated by Nazi Germany, particularly at death camps in German-occupied Poland. Critics argue that the bill will criminalize scholarship, journalism, and even first-hand observations regarding wartime crimes committed by Poles.  “Holocaust denial,” observed one participant, “should not be a state policy.” Ministers from a number of countries cited the importance of speaking out against anti-Semitism. They also stressed the value of using the expertise of the OSCE Chair-in-Office Personal Representatives and OSCE Office for Democratic Institutions and Human Rights’ tools on hate crimes, Jewish community security, tolerance and Holocaust education, and civil society capacity and coalition building. Several government representatives commented on their respective countries’ use of the International Holocaust Remembrance Alliance’s working definition of anti-Semitism as a useful guide for participating States and civil society to expand efforts to address rising intolerance. Non-governmental participants emphasized the important role of policymakers and government officials in speaking out against hate crimes and drafting and implementing laws to ensure that Jewish communities can live and worship in safety. Ensuring that individuals can practice the central tenets of their faith, from circumcision to kosher food preparation, without government impediments is central to freedom of worship.   Civil society groups, as well as representatives from Facebook and Google, discussed initiatives to address hate online, including the role of internet service providers in removing content that may violate terms of service or violate the law. Of particular concern were disinformation campaigns on social media that promulgate negative stereotypes about Jews and may foster prejudice. One speaker described the “Protocols of the Elders of Zion” as an early exemplar of “fake news,” and others stressed the importance of counter-narratives to address particularly problematic stereotypes and falsehoods. While artificial intelligence may have a future role in addressing content that may be legal but is still harmful, current technology does not provide solutions. A discussion of efforts targeting youth through education and sports featured Israeli Olympian Shaul Landansky and focused on the creation of environments in which anti-prejudice and anti-discrimination tools could be utilized, and at the same time bring diverse communities together. Such initiatives have the potential to broaden coalitions to address anti-Semitism and other forms of hatred.  OSCE Chair and Foreign Minister Angelino Alfano called for the OSCE to convene an annual anti-Semitism conference to commemorate International Holocaust Remembrance Day, and ensure a sustained focus on addressing anti-Semitism in the OSCE region. Slovakia, as the OSCE Chair-in-Office for 2019, has agreed to hold an anti-Semitism conference next January. Prior to the opening of the Chairmanship conference, Pope Francis granted an audience to delegates and speakers, citing the importance of “educat[ing] young generations to become actively involved in the struggle against hatred and discrimination.” His point was reiterated later in the day at the conference by young leader Alina Bricman of the European Union of Jewish students, who cited “treasuring inclusive societies” and “empowering youth to shape their communities” as key to a shared future. Members of the Helsinki Commission have long advanced solutions to address anti-Semitism. Ranking Commissioner Senator Ben Cardin serves as the OSCE Parliamentary Assembly’s first Special Representative on Anti-Semitism, Racism, and Intolerance.  "The growth in anti-Semitic and xenophobic political parties across Europe and North America that foster an environment of hate increase the urgency of this conference,” said Senator Cardin. “Acknowledging our common history of the Holocaust is essential but more must be done. It’s incumbent upon all civilized people to ensure that tools are in place to counter a resurgence of the fear and hate mongering — whether directed at old targets or new—that led to those tragic events in the first place." “I am deeply disappointed that on the eve of this conference the Polish parliament passed a law that may impede research, scholarship, journalism—even personal reflections—on the Holocaust subject to criminal penalties. While the stated purpose of this law is to improve more accurate statements about the Holocaust,  this is the wrong way to achieve that goal,” he said.

  • European Security in 2018

    From the Kremlin-engineered conflict in Ukraine, which has killed over 10,000 people, wounded tens of thousands, and displaced over a million, to military exercises designed to intimidate Russia’s neighbors, Moscow’s actions have severely undermined security and stability throughout Europe – including that of U.S. allies and partners. From November 2014 until his retirement in December 2017, Lieutenant General (Ret.) Frederick Benjamin “Ben” Hodges helped lead the U.S. response to Russia’s military aggression as Commanding General of U.S. Army Europe. Hodges was credited by Gen. Curtis M. Scapparrotti, commander of European Command and Supreme Allied Commander Europe, with leading American land forces during one of the most volatile periods in recent European history and driving an increased U.S. force presence to deter further aggression and reassure allies. During the briefing, General Hodges offered his perspective on the importance of Europe to the United States, NATO’s success in maintaining stability in Europe, and the significance of the United States’ relationship with Germany. The economic relationship between Europe and the United States and the reliability of European partners underlined the continued strategic relevance of Europe to the U.S., Hodges argued. General Hodges also emphasized the importance of the strategic relationship between Germany and the United States. He noted the importance of Germany to our own economic prosperity, as well as access to military bases throughout the country, asserting, “We’ll always have a special relationship with the UK, for historical, cultural reasons. But in terms of what’s most important, it’s Germany.” In response to questions from Helsinki Commission Senior Policy Advisor Alex Tiersky, General Hodges outlined the U.S. Army’s support to Ukraine in the wake of ongoing Russian aggression, noting the utility of the training mission in Yavoriv to both sides, with American soldiers gaining critical insights on Russian tactics and technology. General Hodges also addressed the provision of lethal military assistance to Ukraine in the context of supporting Ukrainian sovereignty and, ultimately, a diplomatic solution to the conflict. Tiersky also asked about ZAPAD 2017, a Russian military exercise which took place across Russian and Belarus, as well as broader trends in Russian military exercises. Hodges underlined the lack of Russian transparency regarding ZAPAD, and described its broad scale and ambition.  The exercise had the positive effect of forcing impressive intelligence sharing among Allies, Hodges revealed, a dynamic he hoped would endure. Hodges also commented on Turkey’s strategic direction; NATO reform and defense spending commitments; cyber conflict; and the role of multilateral institutions.

  • LTG Ben Hodges (Ret.) to Discuss European Security in 2018 at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: EUROPEAN SECURITY IN 2018: A CONVERSATION WITH LTG BEN HODGES (RET.), FORMER COMMANDER, U.S. ARMY EUROPE Wednesday, January 24, 2018 10:00 AM Capitol Visitor Center Room SVC 210 Live Webcast: www.facebook.com/HelsinkiCommission From the Kremlin-engineered conflict in Ukraine, which has killed over 10,000 people, wounded tens of thousands, and displaced over a million, to military exercises designed to intimidate Russia’s neighbors, Moscow’s actions have severely undermined security and stability throughout Europe – including that of U.S. allies and partners. From November 2014 until his retirement in December 2017, Lieutenant General (Ret.) Frederick Benjamin “Ben” Hodges helped lead the U.S. response to Russia’s military aggression as Commanding General of U.S. Army Europe. Hodges was credited by Gen. Curtis M. Scapparrotti, commander of European Command and Supreme Allied Commander Europe, with leading American land forces during one of the most volatile periods in recent European history and driving an increased U.S. force presence to deter further aggression and reassure allies. At this Helsinki Commission briefing, General Hodges will offer his perspective on Russia’s military actions and intentions in Europe, Moscow’s breach of arms control and transparency commitments, and the Allied response thus far.

  • Helsinki Commission Chair, Commissioners Call on Administration to Add Two Putin Cronies to Russia Report

    WASHINGTON—Helsinki Commission Chairman Sen. Roger Wicker (MS), Commissioner Sen. Marco Rubio (FL), Commissioner Sen. Cory Gardner (CO), and Sen. Lindsey Graham (SC) today called on the Trump Administration to continue its aggressive enforcement of Russia sanctions programs. The senators named Yuri Chaika and Alisher Usmanov – senior members of Vladimir Putin’s inner circle – as examples of what Congress will be looking for in the Administration’s upcoming report required under the “Countering America’s Adversaries Through Sanctions Act.” In their letters to Secretary of State Rex Tillerson, Treasury Secretary Steve Mnuchin, and Director of National Intelligence Dan Coats, the senators outlined suspicious activities conducted by the two Russians that also involve U.S. persons and companies – raising the possibility of violations of the “Foreign Corrupt Practices Act.” The letter reads in full: We write today regarding your Department’s work on the Countering America's Adversaries Through Sanctions Act (Public Law 115–44).  We understand that you are currently working in close coordination with the Secretary of Treasury and the National Director of Intelligence to deliver a report to Congress, as required under Section 241 of this law, regarding oligarchs and parastatal entities of the Russian Federation.  As you continue your work, we would like to draw your attention to individuals from President Vladimir Putin’s inner circle who have been linked by Russian and international press reports and anticorruption investigators to significant acts of corruption.  Some of their dealings have involved U.S. persons and shares of U.S. companies raising the possibility of violations of the Foreign Corrupt Practices Act. One such individual is Russian Prosecutor General Yuri Chaika. According to information obtained by Novaya Gazeta and Russia’s Anticorruption Foundation, Mr. Chaika’s close relatives, as well as the relatives of other senior officials from the Prosecutor General’s Office, have been involved in business dealings with the owners of the Avilon Automotive Group.  Avilon is a luxury vehicle dealer that has received at least $286 million worth of state contracts from Russian government agencies, including the Prosecutor General’s Office itself.  According to documents deposited before a U.S. court, Kamo Avagumyan, co-owner of Avilon, has partnered with Mr. Chaika’s son, Artyom Chaika, in a five-star hotel in Greece.  The hotel project is also co-owned by Olga Lopatina, the former wife of Russian Deputy Prosecutor General Gennady Lopatin.  Ms. Lopatina has reportedly been involved in business dealings with members of the notorious Kushchevskaya crime gang that was responsible for numerous murders in southern Russia. Another person of interest is Alisher Usmanov.  Mr. Usmanov is one of Russia’s most politically influential oligarchs with close ties to the Kremlin and stakes in leading media outlets.  According to documents reviewed by the International Consortium of Investigative Journalists, the New York Times, and the Guardian, an offshore company controlled by Mr. Usmanov was behind a $200 million investment in Facebook.  At the time, Mr. Usmanov served as Director General of Gazprom Investholding.  The shares were later sold at a profit of $1 billion.  As detailed in an investigation by the Anticorruption Foundation, Mr. Usmanov recently donated an estimated $85 million mansion in Moscow to a foundation with direct links to Russian Prime Minister Dmitri Medvedev.  This has been widely viewed as a form of bribery. It is our sincere hope that you will continue to closely review all reports of corruption by Russian officials and oligarchies.  We hope we have helped shed some light on a couple emblematic examples of the types of individuals that should be included in the administration’s upcoming report required under Section 241 of Public Law 115-44.  We look forward to reviewing this report in the coming weeks.

  • Presidential Elections in Kyrgyzstan

    Kyrgyzstan’s presidential elections on October 15, 2017, provided for an orderly transfer of power despite curbs on political opposition and media freedom in the run-up to the election, as well as allegations of administrative pressure on voters, vote-buying, and other irregularities during the electoral process. The OSCE Statement of Preliminary Findings and Conclusions stated that the elections “contributed to the strengthening of democratic in-stitutions by providing for an orderly transfer of power from one elected president to another. The election was competitive, as voters had a wide choice and candidates could, in general, campaign freely, although cases of misuse of public resources, pressure on voters, and vote-buying remain a concern….While televised debates contributed to greater pluralism, self-censorship and limited editorial coverage of the campaign signaled deficiencies in media freedom.” Download the full report to learn more.  

  • Austrian Chairmanship Achieves Consensus for Human Trafficking Prevention

    On December 8, 2017, the OSCE Ministerial Council approved two new cross-dimensional decisions to combat human trafficking.  One decision was led by the United States, Italy, and Belarus and focused on preventing child trafficking and other forms of sexual exploitation of children, particularly on the internet and in sex tourism. The Ministerial Council also passed a second decision, introduced by the 2017 Austrian Chairmanship of the OSCE, titled, “Strengthening Efforts to Prevent Trafficking in Human Beings.”   The decision addresses all forms of human trafficking and reflects key initiatives of the OSCE in recent years, especially those that encourage corporate responsibility for prevention of trafficking in supply chains. Examining Subcontractors Beginning with the responsibility of governments to ensure that goods and services for the government are purchased from trafficking-free sources, the decision commends “participating States that require contractors supplying goods and services to the government to take effective and appropriate steps to address the risks of human trafficking in their supply chains.”   Notably, the decision goes beyond the primary contracting entity and encourages governments to examine any intended subcontractors and employees., It reflects the reality that while a prime contractor may be trafficking-free, in an effort to cut costs and increase profit margins, work may be subcontracted out to less scrupulous vendors who may not be as aware of, or as concerned with, government requirements.    Addressing Vulnerability Factors The decision also addresses the precursors to human trafficking, commending participating States that prohibit contractors, subcontractors, and employees from “participating in activities known to lead to human trafficking.”  Many contract and subcontract provisions that may seem neutral on first glance in reality lead in whole or in part to situations of vulnerability to human trafficking.  For instance, in 2015, the United States banned the following practices in U.S. government contracts as relates to actions by the contractors, subcontractors, or employees as the actions were closely linked to human trafficking: Purchasing commercial sex. Destroying, concealing, removing, confiscating, or otherwise denying an employee access to that employee’s identity or immigration documents without the employee’s consent. Failing to abide by any contractual provision to pay return transportation costs upon the end of employment for the purpose of pressuring an employee into continued employment. Soliciting a person for the purpose of employment, or offering employment, by means of materially false or fraudulent pretenses, representations, or promises regarding that employment. Charging recruited employees unreasonable placement or recruitment fees, or any such fee that violates the laws of the country from which an employee is recruited.  Providing or arrange housing that fails to meet host country housing and safety standards.    Using Government Contracts as Incentives Using government contracts as an incentive for businesses to undergo the auditing and policy overhauls required for clean supply chains, the decision ultimately calls on participating States to “take into account whether businesses are taking appropriate and effective steps to address the risks of human trafficking, including with regards to their subcontractors and employees, when considering the awarding of government contracts for goods and services.”    Historically, many governments have sought the least expensive contract for the most goods or services on the principle of using taxpayer funds efficiently—creating a perverse incentive for companies to turn a blind eye to human trafficking and its precursors.  The decision championed by the 2017 Austrian Chairmanship encourages participating States to reverse the incentive and reward with government contracts only to those companies that have done their due diligence to ensure trafficking-free supply chains.  This requirement reaches past the comparatively small number of businesses that receive government contracts and encourages all businesses competing for government contracts to clean their supply chains first. Strong implementation by OSCE participating States could set new industry standards where human trafficking and its precursors become significantly less profitable.    

  • Chairman Wicker Statement on Lethal Arms Sales to Ukraine

    WASHINGTON—Helsinki Commission Chairman Sen. Roger Wicker (MS), a senior member of the Senate Armed Services Committee, has issued the following statement in response to the Trump Administration’s approval of lethal arms sales to Ukraine: “The President’s decision is a good first step to give the Ukrainian people the means to defend themselves. ‎The best way to stop Russian aggression is to deter it. I am hopeful that approval will also be given to future sales of anti-tank weapons and other heavy arms.” The decision by the Department of State was reported as the fighting in eastern Ukraine has sharply escalated to levels not seen in months, following Russian unilateral withdrawal from a coordination mechanism critical to prior de-escalations and local ceasefires. The conditions of civilians in Eastern Ukraine was the focus of a November 30 Helsinki Commission briefing featuring a senior OSCE monitor.

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