Title

Why Moldova Matters

Tuesday, June 04, 2019
10:00am
Cannon House Office Building, Room 121
Washington, DC
United States
Moderator(s): 
Name: 
Rachel Bauman
Title Text: 
Policy Advisor
Body: 
Commission on Security and Cooperation in Europe
Witnesses: 
Name: 
Jamie Kirchick
Title: 
Journalist and Visiting Fellow
Body: 
Brookings Institution
Name: 
Dr. Cory Welt
Title: 
Specialist in European Affairs
Body: 
Congressional Research Service
Name: 
H.E. Cristina Balan
Title: 
Ambassador of the Republic of Moldova to the United States

Though typically viewed as a state torn between Russian influence and the West, Moldova faces not only external problems but also serious internal challenges.

Following February elections marked by corruption and vote-buying, Moldova’s deeply divided parliament now must attempt to form a governing coalition. In addition, five years after Moldova signed an accession agreement with the European Union, questions remain about whether the country is willing—or even able—to undertake the comprehensive reforms required to join the EU.

This briefing explored these and other issues against the background of the continuing Transnistria dispute and Moldova’s precarious role in the region.

Helsinki Commission policy advisor Rachel Bauman opened the briefing by posing questions to the room: “Will Moldova’s deeply divided parliament be able to form a governing coalition? What influence will Moldova’s oligarch Vlad Plahotniuc have on the process of forming a government? And is there real political will in Moldova, especially right now after elections, to become a full-fledged member of the EU? And finally, what’s going on in the breakaway Russian region of Transnistria?”

Dr. Cory Welt, Specialist in European Affairs at the Congressional Research Service, jumped in first to provide context for the conversation. Welt explained, “According to international and domestic observers, Moldova’s recent parliamentary elections were democratic but somewhat flawed. And these flaws included allegations of vote buying and the misuse of state resources. Nonetheless, the outcome of the elections appears to reflect longstanding domestic divisions within Moldova, between what you might characterize as a European-leaning majority and a Russian-leaning minority.”

Jamie Kirchick, Journalist and Visiting Fellow at the Brookings Institution, reflected on his experience observing the 2018 elections in Moldova. Kirchick also spoke to the main question of the briefing, saying, Moldova “matters because the United States has been committed to a policy of a Europe whole, free and at peace, really since the end of the Cold War, and consolidating democracy and good government. And Moldova is a pretty sore spot. It’s the poorest country in Europe. It’s the site of very high corruption. It’s the site of Russian influence. It’s the site of a lack of territorial integrity. And we’ve seen now that there are three nations in this region – Georgia, Ukraine and Moldova – that all have Russian troops stationed on them. And this is something that should certainly concern the United States and its democratic allies.”

H.E. Cristina Balan, Ambassador of the Republic of Moldova to the United States maintained that while Moldova has seen hard times, the country is working to improve. She highlighted its strong partnership with the U.S., fight against antisemitism, and growing economy as signs of development.

Ambassador Balan concluded with a call to action, saying, “Of course, there is so much more work to be done, including addressing corruption issues, including increasing our national defense capability, including resolving the Transnistrian conflict, and many others. There is a lot of work to be done.”

The questions from the audience were largely posed to Ambassador Balan and allowed for a deeper exploration into the economic and political realities of life in Moldova and the relationship, or lack thereof, with Russia.

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  • Press Conference Following U.S. Congressional Delegation Meetings in Bosnia

    Thank you Madam Ambassador.  We appreciate it very, very much.  And this is indeed a bicameral and bipartisan delegation of members of the United States Congress and I am pleased to be here in Sarajevo for my fifth visit.  This is a nine-member congressional delegation. 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  • Chairman Wicker Introduces Resolution Emphasizing Importance of NATO to Regional Security

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  • 2018 World Cup: The Beautiful Game and an Ugly Regime

    The 2018 World Cup hosted by Russia has created an unprecedented opportunity for the country’s kleptocrats to enrich themselves. Just as he did with the 2014 Winter Olympics in Sochi, President Vladimir Putin has hijacked a world sporting event in an attempt to burnish his own image and enrich the Kremlin elite, rather than to celebrate sport and sportsmanship in Russia. However, unlike the 2014 Winter Olympics, the World Cup has required multiple infrastructure projects in not just one, but eleven, host cities. Oligarchs, as well as regional and national officials, have worked together to embezzle assets from the tournament stadium construction and refurbishment to side projects of accommodation and transport. Mistreated and forced laborers have completed this work. Contractors have used and manipulated Rus-sian and migrant workers to erect the stadiums and other structures that are essential to hosting a World Cup. For example, Russia has continued its unscrupulous use of North Korean forced labor to build St. Petersburg Zenit Arena, opened by President Putin himself in March 2017. Russia presented the World Cup to the FIFA voters in 2010 as a wholesome tournament, bringing the world together for a festival of sport. Instead, President Putin will give the world a corrupt tournament, built on the backs of forced and mistreated labor, and expose fans to a real risk of soccer violence and hatred. Although troubling trends in each of these areas can be seen in countries throughout the OSCE region, the offenses of the Kremlin are particularly egregious. Download the full report to learn more. Contributors: Michael Newton, Intern and Scott Rauland, Senior State Department Advisor

  • Azerbaijan’s 2018 Presidential Election

    On February 5, 2018, President Ilham Aliyev of Azerbaijan announced that the country’s presidential elections—originally scheduled for the fall—instead would be moved forward to April 11, 2018.  While some pro-government commentators offered more innocuous explanations for the move—such as aiming to avoid simultaneous presidential and parliamentary elections in 2025—many independent analysts saw it as a ploy to disadvantage the opposition. Since Azerbaijani law requires campaigning to cease 30 days prior to the vote, candidates had very little time to rally support. This constraint, among others, contributed to the mainstream opposition boycott of the election. The vote was the first since Azerbaijan passed constitutional amendments in a widely criticized popular referendum in September 2016 that extended the president’s term from five to seven years. Having done away with term limits in another set of constitutional amendments in 2009, President Aliyev used the snap election to secure his position until 2025. The official tally gave Aliyev 86 percent of the vote—he has never won with less than 84 percent. Since signing the founding document of the OSCE, the Helsinki Final Act, in 1992, no national vote in Azerbaijan has met the OSCE’s minimum requirements for a free and fair election. Nevertheless, consistent with its commitments as an OSCE participating State, Azerbaijan invited international observers to view the election.  The OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), the OSCE Parliamentary Assembly (OSCE PA) and the Parliamentary Assembly of the Council of Europe (PACE) all scrambled to assemble a robust Election Observation Mission (EOM) in Azerbaijan under difficult time constraints.  Two U.S. Helsinki Commission staff members joined the OSCE PA EOM. The article below summarizes their experience in Azerbaijan. By Scott Rauland, Senior State Department Advisor and Jordan Warlick, Office Director Briefings Reveal Shortcomings in the Field of Candidates and Lack of Media Access From the beginning, it was clear that the Government of Azerbaijan was paying lip service to established OSCE norms for holding elections without providing voters with the necessary conditions to make an informed choice free of coercion. For example, prior to the vote, we and other short-term members of the OSCE PA and PACE observation missions met with representatives of the eight candidates who had been approved by Azerbaijan’s Central Election Commission to run in the April 11 contest. During the 20-minute sessions with the candidates or their representatives, we heard almost nothing in the way of criticism of the sitting president, nor anything resembling a platform for running the country should they win. During briefings the following day, members of opposition parties, as well as representatives of civil society and the media, pointed out the gulf of approximately 1.9 million Azerbaijanis entered on voter registration lists (5.3 million), and the number of Azerbaijanis known to be of voting age (7.2 million).  Since voter registration is automatic—and all citizens who are 18 years of age by election day have the right to vote—his dramatic shortfall appeared to reflect the disenfranchisement of an astonishingly large number of Azerbaijani voters. In a separate briefing earlier, the Central Election Commission of Azerbaijan addressed this concern by claiming that the voter registration lists were published on the Internet, providing a maximum level of transparency. Civil society representatives were unanimous in their view that none of the “opposition” candidates running were real candidates. The best opposition leaders had either been imprisoned or were otherwise prevented from running, they explained. Several parties that civil society groups considered to be legitimate were boycotting the elections. Among the reasons they offered for the boycott was the fact that there were no real opposition parties in Parliament, no media freedom in Azerbaijan, and many political prisoners.  One opposition group, the Musavat Party, claimed that “clone” parties—such as the “Modern” Musavat Party, headed by Hafiz Hajiyev—had been set up to mimic true opposition parties. Hajiyev seemed to confirm those suspicions on election day by revealing that he himself had voted for President Aliyev.  He also reportedly expressed his hope that President Aliyev would return the favor by appointing him prime minister. Both civil society groups and political parties raised concerns about the potential for election fraud, due to the dramatic increase in use of de-registration voter cards (DVCs), which allow a voter to come off the voter roll in one polling station and to vote in another. We were told that while only 30,000 DVCs had been used in the previous election, 150,000 had been printed for the election on April 11. The discrepancy left many suspicious that DVCs could be abused by allowing voters to vote multiple times in different polling stations. Civil society representatives also were concerned about voter access to information, noting that restrictive laws and lack of funding made it nearly impossible to educate voters about their choices. They also found the lack of election commission reform frustrating, pointing out that both the European Court of Human Rights and the Council of Europe’s Venice Commission provided explicit recommendations to the Azerbaijani government following previous elections. Finally, they stated that the government’s claim that 50,000 people had been registered as observers was misleading, since many of the registered observers were state employees and could not be fair and impartial observers.  A journalist briefing the observers also drew attention to the 10 Azerbaijani journalists currently in prison, saying that the regime had “made telling the truth in Azerbaijan illegal.” Voting on April 11—Mostly by the Book On election day, 350 international observers deployed across the country. Our team was assigned to the Khatai district in eastern Baku. We watched the opening of one polling station at 7:00 a.m., observed voting in 14 different polling stations throughout the day, and witnessed the counting process at another precinct once the polls closed at 7:00 p.m. The Precinct Electoral Commissions (PECs) at all 16 locations were cooperative, and we could move freely around the polling stations to observe the entirety of the voting process.  The chairwoman of the PEC where we observed the opening was willing to answer every question we had, often going into great detail. While we were unrestricted in our ability to access polling sites, the spots in the polling stations reserved for observers were often poorly situated, being either in a corner out of direct sight of the registration tables, or in one case on another floor entirely. One irregularity we consistently observed related to guaranteeing that each voter cast only one vote. Voters were supposed to have their left thumb coated in invisible ink once they were processed to vote, and all voters were to have their left thumbs checked before entering a polling station to ensure they had not voted elsewhere.  One of the many problems with this method became obvious at the first polling station we visited, where the person checking voters’ thumbs was scanning the wrong hand.  Fellow OSCE PA observers noted that some voters showed up at the wrong polling station, where they had their thumbs sprayed in invisible ink. Once they were directed to the correct voting station, they were allowed to vote regardless of the invisible ink on their hands. Citizen “Observers” in Name Only During a pre-election briefing, the chair of the Central Electoral Commission proudly claimed that 57,313 Azerbaijanis had been registered as citizen observers—a large number in a country of only 9.7 million. The statistic presumably was intended to demonstrate that the elections would be both transparent and credible.  We soon noticed that few, if any, of these citizen observers paid attention to the voting. At almost every polling station, we found one or more observers who could not tell us what party they were representing.  They often had to check their observer ID cards to before replying; when we then asked them which candidate from that party was running for president—information not available on their observer IDs—many were stumped. The Polls Close—Let the Counting … and the Shenanigans … Begin While the polls were open, election regulations appeared to be broadly respected. However, at the precinct where we observed the counting process, vote tallies were rushed and established procedures were not followed.  For example, voter registration lists were not checked to determine how many people voted in that location—a figure that should have been compared to the number of ballots in the ballot box. Unused ballots were counted and destroyed according to the established procedure, but none of this information was entered onto the protocol, the written record of votes that is supposed to be maintained throughout the vote-counting process. Instead, poll workers opened the ballot boxes almost immediately after the unused ballots were destroyed. The ballots then were dumped onto a table in the middle of the room and quickly sorted into several piles.  We were allowed to approach and circle the table, and had good views of the ballots on every part of the table. Most—easily 80 percent to 90 percent of the ballots—ended up in one of several piles for President Aliyev. Of the non-Aliyev piles, the largest was for ballots which appeared to be spoiled.  One member of the PEC explained to us that although some ballots had several names marked, they would not necessarily be considered spoiled; instead, they would be discussed later. Unfortunately, to the best of our knowledge, that discussion never took place. In just over an hour, the protocol was hastily composed and finalized. Under Azerbaijani law, copies should be made available to bona fide observers; however, election officials declined to provide us with a copy. We then asked if we could at least take a photo of the protocol, and were told that the precinct would have to obtain permission from higher authorities.  We were not the only international observers who noted problems with the counting process. About 50 percent of OSCE PA observers determined that the count was either “bad” or “very bad,” well above the OSCE norm of 17 percent. Election Aftermath In a press conference in Baku the day after the election, observers from the OSCE/ODIHR, OSCE PA, and the Council of Europe Parliamentary Assembly announced that the presidential election in Azerbaijan took place “within a restrictive political environment and under laws that curtail fundamental rights and freedoms, which are prerequisites for genuine democratic elections.” “Against this backdrop and in the absence of pluralism, including in the media, the election lacked genuine competition,” they said. The preliminary statement from the three groups noted that other candidates refrained from directly challenging or criticizing the incumbent, and that no distinction was made between his campaign and his official activities. Observers reported widespread disregard for mandatory procedures, a lack of transparency, and numerous serious irregularities, including ballot box stuffing. More than half of the vote counts were assessed negatively, largely due to deliberate falsifications and an obvious disregard for procedures. At the same time, observers noted that the authorities were cooperative and international observers were able to operate freely in the pre-election period, and the election administration was well resourced and prepared the election efficiently. Announcing the conclusions, Portuguese parliamentarian Nilza de Sena said, “We have noted the positive attitude displayed by the national authorities of Azerbaijan towards international election observation, as well as the professional work of the Central Election Commission in the pre-election period. We stand ready to continue our co-operation and turn it into a joint effort to tackle the fundamental problems that a restrictive political and legal environment, which does not allow for genuine competition, poses for free elections.” The beginning of de Sena’s statement was interrupted by a pro-government journalist who surged threateningly towards the speakers, shouting angrily that the report had been prepared in advance and that its findings were all lies. It was clear that the pro-government journalist intended on disrupting the conference to distract from the content of the findings. The press conference was suspended until the atmosphere calmed and the representatives from ODIHR, OSCE PA, and PACE could deliver their statement. “A few weeks of campaigning during which candidates could present their views on television cannot make up for years during which restrictions on freedom of expression have stifled political debate,” said Margareta Kiener Nellen, Head of the Swiss delegation to the OSCE PA who led the 48-member OSCE PA delegation. “The OSCE Parliamentary Assembly will certainly continue to support all steps by the authorities that will bring the country forward on a path towards creating the open political environment necessary for truly free and fair elections.”

  • Helsinki Commission Observation of Russia’s Presidential Elections

    Presidential elections were held in the Russian Federation on March 18, 2018; incumbent Vladimir Putin took about 76 percent of the votes cast among eight candidates, with a voter turnout topping 67 percent. These lopsided results were unsurprising in a country where the current regime has steadily and systematically decimated the democratic norms that gained a foothold in the 1990s. Nevertheless, international observers traveled to Russia under the auspices of the Organization for Security and Cooperation in Europe (OSCE) to provide an authoritative assessment of electoral conditions and to encourage Russia to adhere to its OSCE commitments. The Russian Federation, along with the 56 other OSCE participating States, has committed to hold free and fair elections, as well as to invite international observers. An OSCE presence also indicated an ongoing willingness to support democratic development by engaging not just the government but all players in Russian society. Despite a variety of official efforts to suppress critics and marginalize opposition, independent and democratic forces remain active in Russia. Based on an December 21, 2017, recommendation to deploy a comprehensive OSCE observation mission for the Russian election, the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) deployed a Moscow-based core team of 13 experts supplemented by 60 long-term observers deployed throughout the country. On election day, 481 observers from 44 countries visited more than 2,000 polling stations. The election day deployment included a 101-member delegation from the OSCE Parliamentary Assembly (OSCE PA), including two Helsinki Commission staffers who were the only U.S. government officials to observe the elections. They observed in Istra and other towns northwest of Moscow and in Yekaterinburg, Russia’s fourth-largest city. Download the full report to learn more. Contributors: Robert Hand, Senior Policy Advisor, and Scott Rauland, Senior State Department Advisor

  • Democracy Deferred

    After amending the constitution to extend the length of a presidential term and abolish term limits altogether, Azerbaijan’s ruler since 2003, Ilham Aliyev, recently prevailed in elections that secured his position until 2025. International election observers described this vote as “lack[ing] genuine competition” given the country’s “restrictive political environment and…legal framework that curtails fundamental rights and freedoms.” The presidential election took place after a year of growing concern over the state of fundamental freedoms in Azerbaijan. In March 2017, the government blocked nearly all remaining major sources of independent news; it continues to harass and detain independent journalists. That same month, the Extractive Industries Transparency Initiative suspended Azerbaijan’s membership over the government’s onerous regulation of civil society organizations. In December 2017, the Council of Europe began exploring unprecedented punitive measures against Azerbaijan for flouting a European Court of Human Rights ruling ordering the release of former presidential candidate Ilgar Mammadov, jailed since 2013.  As Azerbaijan approaches 100 years of independence in May, the Helsinki Commission examined these recent developments and the country’s implementation of its freely undertaken human rights and democracy commitments.  In September 2017, Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04) introduced H.Res.537 calling on the U.S. Government to prioritize democracy and human rights in its engagement with Baku and examine the applicability of targeted sanctions against the most egregious violators of basic rights.

  • Ending the War in Ukraine

    The Russian-manufactured war in Ukraine has killed more than 10,000 people, injured at least 25,000, and created a humanitarian crisis endangering millions more. Amid daily ceasefire violations and threats to critical infrastructure, civilians continue to bear the brunt of the cost of the needless, four-year-old conflict. In July 2017, the U.S. Secretary of State appointed Ambassador Kurt Volker as U.S. Special Representative for Ukraine Negotiations. Volker has since repeatedly met with senior Russian counterparts to explore ways to end the conflict, including the possibility of an international peacekeeping mission. At this Helsinki Commission briefing, Ambassador Volker explored the way ahead for U.S. and international policy on Ukraine in the wake of President Putin’s re-election. During his opening statement, Ambassador Volker noted that the conflict will only be resolved if Russia decides to remove its forces from the territory of Ukraine and to allow a genuine security presence to enter. He highlighted a proposal to institute a U.N.-mandated peacekeeping force that would help fulfill the Minsk Agreements by establishing security, controlling the border, and creating conditions to hold local elections. This peacekeeping force would be funded through voluntary contributions by nations and coordinated by a special representative of the secretary-general. In the Q&A, Ambassador Volker underlined that a U.N. mandate for such a mission would necessarily depend on Russian agreement. He noted that it is possible that after President Putin’s reelection, there may be greater political space for such a decision to take place, particularly as Russia continues to suffer significant economic and human costs from its occupation and will gain little by continuing the conflict. Regarding Crimea, Ambassador Volker noted that, although it is fortuitous there is no active military-style fighting, the centralized Russian rule has created a dire human rights situation on the illegally occupied territory. The Muslim Crimean Tartar population in particular has suffered greatly under Russian rule. As a result, many Crimean Tartars have fled for other parts of the country. He also stated that he has made it clear to his Russian counterparts that the United States does not accept Russia’s claimed annexation of Crimea. Ambassador Volker highlighted some areas where the OSCE’s role could be enhanced. He said that a U.N. peacekeeping force would support the OSCE Special Monitoring Mission (SMM) in executing its mandate in full. Furthermore, the OSCE could help provide supervision and training to local police forces to fill any potential security vacuum after illegal armed groups are removed. The OSCE could also be instrumental in creating and monitoring local elections.  Ambassador Volker closed the briefing by emphasizing the utility of working toward implementation of the Minsk Agreements rather than seeking to negotiate a new format. Even though the agreement has to date seen little implementation, attempting to create an alternative would just start a new open-ended negotiating process. He reiterated his belief that a U.N. peacekeeping force has the potential to unlock significant progress towards implementation of Minsk. He asserted that the United States would continue to be an active contributor to creating a prosperous and successful democratic Ukraine which could help foster a positive security and political environment in Europe going forward.

  • Helsinki Commission Briefing to Review State of Fundamental Freedoms in Azerbaijan

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: DEMOCRACY DEFERRED: THE STATE OF ELECTIONS AND FUNDAMENTAL FREEDOMS IN AZERBAIJAN Wednesday, May 9, 2018 10:30 a.m. Capitol Visitor Center Room SVC 215 Live Webcast: www.facebook.com/HelsinkiCommission After amending the constitution to extend the length of a presidential term and abolish term limits altogether, Azerbaijan’s ruler since 2003, Ilham Aliyev, recently prevailed in elections that secured his position until 2025. International election observers described this vote as “lack[ing] genuine competition” given the country’s “restrictive political environment and…legal framework that curtails fundamental rights and freedoms.” The presidential election took place after a year of growing concern over the state of fundamental freedoms in Azerbaijan. In March 2017, the government blocked nearly all remaining major sources of independent news; it continues to harass and detain independent journalists. That same month, the Extractive Industries Transparency Initiative suspended Azerbaijan’s membership over the government’s onerous regulation of civil society organizations. In December 2017, the Council of Europe began exploring unprecedented punitive measures against Azerbaijan for flouting a European Court of Human Rights ruling ordering the release of former presidential candidate Ilgar Mammadov, jailed since 2013.  As Azerbaijan approaches 100 years of independence in May, the Helsinki Commission will examine these recent developments and the country’s implementation of its freely undertaken human rights and democracy commitments.   The following panelists are scheduled to participate: Audrey L. Altstadt, Professor of History, University of Massachusetts – Amherst Emin Milli, Director, Meydan TV Maran Turner, Executive Director, Freedom Now Additional panelists may be added. In September 2017, Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04) introduced H.Res.537 calling on the U.S. Government to prioritize democracy and human rights in its engagement with Baku and examine the applicability of targeted sanctions against the most egregious violators of basic rights.

  • Kurt Volker to Discuss War in Ukraine at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ENDING THE WAR IN UKRAINE: KURT VOLKER, U.S. SPECIAL REPRESENTATIVE FOR UKRAINE NEGOTIATIONS Tuesday, May 8, 2018 2:00 p.m. Dirksen Senate Office Building Room 106 Live Webcast: www.facebook.com/HelsinkiCommission The Russian-manufactured war in Ukraine has killed more than 10,000 people, injured at least 25,000, and created a humanitarian crisis endangering millions more. Amid daily ceasefire violations and threats to critical infrastructure, civilians continue to bear the brunt of the cost of the needless, four-year-old conflict. In July 2017, the U.S. Secretary of State appointed Ambassador Kurt Volker as U.S. Special Representative for Ukraine Negotiations. Volker has since repeatedly met with senior Russian counterparts to explore ways to end the conflict, including the possibility of an international peacekeeping mission. At this Helsinki Commission briefing, Ambassador Volker will explore the way ahead for U.S. and international policy on Ukraine in the wake of President Putin’s re-election.  

  • Co-Chairman Smith Chairs Hearing on Plight of Russian Family, Possible UN Corruption in Guatemala

    WASHINGTON—Congress should investigate and hold accountable the United Nations’ International Commission against Impunity in Guatemala (CICIG) for its role in the prosecution of a Russian family in Guatemala fleeing Putin’s Russia, said Congressman Chris Smith (NJ-04), co-chair of the Commission on Security and Cooperation in Europe, at a Friday hearing titled “The Long Arm of Injustice.” The hearing examined CICIG’s role in the prosecution of the Bitkov family in Guatemala. “Congress has a special responsibility in this matter because the United States is one of the largest contributors to CICIG’s budget. There has been little congressional oversight of CICIG – it’s clearly time for that to change,” Rep. Smith stated at the hearing. The case of the Bitkovs was examined at the hearing, which featured testimony from the lawyers representing the family as well as from Bill Browder, a human rights advocate and founding director of the Global Magnitsky Campaign for Justice, who has investigated the case and CICIG’s role in it. The Bitkovs fled Russia in 2008 following a series of events that began in 2005 with Igor Bitkov refusing to let a senior official at one of Russia’s state banks, Sberbank, buy over half of his North-West Timber Company. His daughter Anastasia was kidnapped and repeatedly raped in 2006, and the family paid $200,000 to ransom her. In 2008, the banks demanded full repayment of their loan to Bitkov’s company despite the company’s good credit. The company was forced into bankruptcy, its assets sold at fire sale prices, and the Bitkovs fled Russia fearing for their lives after hearing of threats made against them. This case was a textbook scheme of Russian officials persecuting those who refuse to do business with them, Browder said. “First, in Russia people who run successful businesses are routinely victimized through a process called ‘Raiderstvo’. I was a victim of Raiderstvo and so were the Bitkovs. It is a standard practice in Russia where organized criminals work together with corrupt government officials to extract property and money from their victims,” stated Browder in his written testimony before the commission. Browder was expelled from Russia in 2005 after fighting corporate corruption there. After Russian authorities seized his companies, Browder’s lawyer Sergei Magnitsky investigated the matter; he was arrested and was tortured to death in Russia in 2009. Since then, Browder pushed for the passage and enactment of Magnitsky laws. After fleeing Russia, the Bitkovs entered Guatemala through a legal firm, Cutino Associates International, that offered them travel documents, and took on new identities there. However, they were eventually indicted and prosecuted for passport fraud, and although the country’s appeals court sided with them, a lower court ruled against them and sentenced them to long prison terms. CICIG was involved in the ultimate prosecution that resulted in their current sentences for passport fraud: 19 years in prison for Igor, and 14 years each for his wife Irina and their daughter Anastasia. The prosecution was “notoriously disproportionate and even more aggressive and shocking than high-impact crimes such as drug trafficking, murder or even terrorism,” stated Rolando Alvarado, a lawyer representing the Bitkovs, at the hearing. “They channelled their criminal prosecution before special courts that know of crimes of greater risk.” The very prosecution violated the law of the country, said another lawyer who represents the Bitkovs. “In Guatemala, the Palermo Convention is in force, as well as the Guatemalan Migration Law. Both laws establish that migrants cannot be criminalized for the possession or use of travel documents or ID documents. Even so, the State of Guatemala has decided to prosecute, illegally, these cases and has issued suspended sentences in other similar cases,” stated Victoria Sandoval, who also represents the Bitkov family. The role of CICIG was examined at the hearing, along with its relationship with Russian officials who were pursuing the prosecution of the Bitkov family in Guatemala. “The Russian government routinely abuses international institutions in order to persecute its enemies who are outside of Russia. In my opinion, the Russian government succeeded in compromising CICIG and the Guatemalan Prosecutor for their own purposes in the Bitkov case. CICIG and the prosecutor’s office have jointly taken up the Russian government’s vendetta against the Bitkovs with no good explanation,” Browder stated. “CICIG did not distance itself from this Russian persecution. They’ve touted it on their website and they’ve actively tried to overturn the Bitkovs’ vindication by the Appeals Court.” Rep. Smith further noted that “the facts of the case strongly indicate” that CICIG “became deeply involved in the Kremlin’s persecution of the Bitkov family. Indeed that CICIG acted as the Kremlin’s operational agent in brutalizing and tormenting the Bitkov family.” “And then there must be accountability for the grotesque wrong that has been done to them. There must be further inquiry, and we must get to the bottom of this,” Smith said. Helsinki Commission Chairman Sen. Roger Wicker (MS) said in a statement for the record, "The case of the Bitkovs illustrates the Kremlin’s pattern of abuse involving the world’s courts and legal institutions. Russia should be called out for the mafia state it is and the illegitimate and politically influenced decisions that come out of Russian courts not given the time of day. We must find a way to protect our institutions from malign outsider influence and avoid becoming unwitting participants in Kremlin vendettas." Sen. Marco Rubio (FL), Commissioner at the Helsinki Commission, said in a statement for the record, “This miscarriage of justice cannot be tolerated and today’s hearing is a strong first step in bringing this matter to light. It is important for both Kremlin and Guatemalan officials to understand that the world sees what is happening and will not accept Russian malign influence in the Western Hemisphere or the destruction of Guatemalan judiciary.” Sen. James Lankford (OK) said in a statement for the record, “We should be diligent in exercising oversight over any foreign entity which receives U.S. taxpayer funding to ensure our nation's own resources are used to advance national interests. I applaud the Commission for looking into the issue of the Bitkov family as well as exercising oversight over the U.S.-funded CICIG.” Sen. Mike Lee (UT) said in a statement for the record, "CICIG should be operating to root out real corruption, rather than building up or tearing down political winners and losers. It pains me to see sovereignty continually thrown by the wayside as has been the case in Guatemala. It is unfair to average citizens. It has been unfair to the Bitkovs. It is unfair to all who seek a free and prosperous Guatemala."

  • The Long Arm of Injustice

    In 2008, Igor and Irina Bitkov, along with their daughter Anastasia, fled Russia in fear for their lives. Having seen their successful company bankrupted in a textbook raider scheme, their daughter kidnapped and raped, and facing death threats, the Bitkovs took refuge and began a new life with new identities in Guatemala. The family now finds itself separated, imprisoned in squalid Guatemalan jail cells, and facing nearly twenty years in prison for alleged paperwork irregularities normally punishable by a simple fine. There are grave reasons to question the role of the government of Russia and the UN’s International Commission against Impunity in Guatemala (CICIG) in their imprisonment. “I am deeply concerned about grave injustices suffered by the Bitkov family—brutalized in Russia, now apparently re-victimized in Guatemala, where they languish in jail,” said Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04), who chaired the hearing. “Evidence indicating that the government of Russia may have enlisted the UN’s International Commission against Impunity in Guatemala to persecute this family is troubling and must be thoroughly scrutinized.” The hearing sought answers to key questions: Did the Kremlin enlist CICIG in its vendetta to destroy the Bitkovs? Is this another example of the frightening reach of Putin’s government and its ability to co-opt institutions designed to further the rule of law, as it has Interpol and Mutual Legal Assistance Treaties? Has the government of Russia corrupted a UN anti-corruption agency? What does this teach about the government of Russia, the UN, and the global fight against the scourge of corruption? The Helsinki Commission examined the specifics of the Bitkov case, including Russian influence on CICIG and Guatemala’s Attorney General’s office, and reviewed policy options to protect U.S. taxpayer-supported institutions from abuse and undue pressure from authoritarian governments. Selection of Additional Materials Submitted for the Record Response of William Browder to Questions for the Record Submitted by Rep. James McGovern Report: CICIG and the Rule of Law | Ligo ProPatria, Instituto de Servicios a La Nacion, Guatemala Immortal, ProReforma Sign-On Letter to the Helsinki Commission | Civil Society Representatives Letter to the Helsinki Commission | Ligo ProPatria, Instituto de Servicios a La Nacion, Guatemala Immortal, ProReforma Letter to the Helsinki Commission | Migration Groups Letter to President Maldonado of Guatemala | Bill Browder Letter to President Maldonado of Guatemala | Helsinki Commission Chairman Sen. Roger Wicker Invitation to Ivan Velasquez to Testify at Helsinki Commission Hearing Communication from Loreto Ferrer, CICIG Letter to the Helsinki Commission | VTB Bank Information from RENAP Cover Notes from Aron Lindblom,Diakonia Guatemala, Regarding: Letter to the Helsinki Commission | Indigenous Ancestral Authorities of Guatemala Letter to the Helsinki Commission | Christian Council of Guatemala Letter to the Helsinki Commission | Asociation de Mujeres Q'eqchi'es Nuevo Horizonte Letter to the Helsinki Commission | Comite de Unidad Campesina Guatemala Letter to the Helsinki Commission | Asociation Grupo Integral de Mujeres Sanjuaneras The Wall Street Journal: Kremlin Revenge in Guatemala (March 25, 2018) The Wall Street Journal: Russia’s Dubious Guatemala Story (April 15, 2018) The Wall Street Journal: A Crisis in Guatemala, Abetted by the U.N. (April 22, 2018) National Review: Microscopic Dots. Let's Look at Them. (April 25, 2018) National Review: Why Are They Doing This to the Bitkovs? (April 26, 2018) The Economist: A corruption spat in Russia endangers crime-fighters in Central America (April 28, 2018) Materials submitted by Victoria Sandoval, criminal and human rights attorney representing the Bitkov family Audio: CICIG supports VTB petitions Affidavit: Harold Augusto Flores confesses that he was threatened by CICIG Medical reports on Anastasia Bitkova issued by the National Forensic Science Institute BBC: Inside the 'world's most dangerous' hospital Ruling issued by the tribunal presided over by Judge Iris Yassmin Barrios  

  • 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.

  • A Crisis in Guatemala, Abetted by the U.N.

    In the struggle to defeat transnational crime in Central America, the U.S. is financing a United Nations prosecutorial body in Guatemala. Yet these U.N. prosecutors are thumbing their noses at the rule of law and seem to be using their power to politicize the Guatemalan judiciary. This is dividing and destabilizing a pivotal democracy in the region. The fragile Guatemalan state is in the crosshairs of Venezuelan dictator Nicolás Maduro and Cuba’s Gen. Raúl Castro. If their allies seize control of Mexico’s southern neighbor via its institutions, as Daniel Ortega has done in Nicaragua, it will have implications for Mexican and American security. The U.N. body, known as the International Commission Against Impunity in Guatemala (CICIG by its Spanish initials), has been in the country since 2007. It has busted some criminals. But its unchecked power has led to abuse, and this should concern U.S. backers. Some of CICIG’s most vociferous defenders hail from Guatemala’s extreme left, which eschews equality under the law and representative democracy. CICIG’s rogue justice has come to the attention of Sen. Roger Wicker (R., Miss.), chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission. He has scheduled a hearing April 27 to review CICIG’s role in the Guatemalan prosecution and extralegal conviction of a Russian family on the run from Vladimir Putin’s mafia. As I detailed in March 26 and April 19 Americas columns, Igor and Irina Bitkov, and their daughter Anastasia, fled persecution in Russia and became victims of a crime syndicate in Guatemala that was selling false identity documents. Yet Guatemala and CICIG tried the family alongside members of the crime ring that tricked them. They were convicted and given unusually harsh sentences. Guatemalan law and the U.N.’s Palermo Convention say that such migrants are victims, and a Guatemalan constitutional appeals court ruled that the Bitkovs committed no crime. CICIG and Guatemalan prosecutors ignored that ruling, went to a lower court and got a conviction. CICIG will not say why, or why it didn’t prosecute the law firm that solicited the fake documents given to the Bitkovs. Matías Ponce is “head of communications” for CICIG but there is no contact information for him or his office on the CICIG website. I managed to get his cellphone number from a third party and, after repeated tries, made contact with him. I requested his email and wrote to him so I could share with readers CICIG’s explanation of what appears to be abuse of power. He sent me a boilerplate response about CICIG’s work against criminal networks but no answers to my questions. It is unlikely CICIG will answer questions before the Helsinki Commission. Its co-chairman, Rep. Chris Smith (R., N.J.), invited CICIG to appear at a similar hearing he proposed for April 24 in the House Foreign Affairs subcommittee monitoring human rights and U.N. entities. CICIG declined the invitation. That hearing was not scheduled, though the office of Foreign Affairs Chairman Ed Royce (R., Calif.) told me it’s not dead. If CICIG refuses to cooperate with the Helsinki Commission, it will fuel the feeling among rule-of-law advocates that it has something to hide. CICIG says it is in Guatemala merely to “support” the attorney general in her work “identifying and dismantling” criminal networks and is not involved in politics. But an academic analysis of CICIG by Jonatán Lemus, a Francisco Marroquín University political science professor, suggests otherwise. Mr. Lemus observes that “CICIG has also been criticized for the very same reasons others have praised it: becoming a player in judicial appointments, proposing some controversial reforms to the Guatemalan constitution, and the use of televised conferences to shift the public in its favor. From this perspective, instead of strengthening Guatemalan institutions, the Commission is making national institutions dependent on its assistance.” This dependence drives CICIG deeper into politics. As Mr. Lemus notes, “once immersed in a polarized political system,” an international body designed like CICIG naturally “will face incentives to behave as any domestic bureaucracy trying to maximize its power and resources to ensure its survival.” Without an explanation for the bizarre Bitkov convictions, Guatemalans are left to speculate about CICIG’s motives. Incompetence is one possibility. But once the injustice was publicized and not corrected, that reasoning collapsed. A foreign businessman also makes an easy target for a politically correct prosecutor seeking approval from anticapitalist nongovernmental organizations. Kremlin “influence” cannot be ruled out. Nailing the Bitkovs was a priority for Russia because the family had refused to “donate” large sums to the Putin kitty in Kaliningrad. It would hardly be surprising to learn that Moscow leaned on prosecutors and judges to put the family behind bars. There’s no doubt that something fishy went on, and CICIG prosecutor Iván Velásquez’s unwillingness to address it is troubling. The truth matters for the family, for Guatemala and for the U.S.

  • Turkey Wants to Veto Civil Society Organizations at the OSCE

    A September meeting of the Organization for Security and Cooperation in Europe is being held up by Turkey, which wants to be able to stop specific civil society groups from participating in the annual event. Each September, civil society organizations from OSCE member states meet with government representatives for Europe’s largest human rights conference, the Human Dimension Implementation Meeting. For many civil society organizations, the event is the lone opportunity they have to address government representatives. But if Turkey gets its way, those civil society organizations won’t include groups affiliated with Fethullah Gulen, Turkish President Recep Tayyip Erdogan’s onetime ally and current foe. Erdogan blames Gulen for the 2016 failed coup attempt and claims that groups affiliated with his movement are part of terrorist organizations. The Turkish government’s demand for a veto over civil society organizations’ participation has some worried that Ankara will weaken a critical event in the human rights community — and set an example for other countries in the process. Last September, the Turkish delegation stormed out after an opening speech to oppose participation of the Gulen-affiliated Journalists and Writers Foundation. “This entity is so closely linked to the Fethullahist Terror Organization,” said Rauf Engin Soysal, the Turkish ambassador to the OSCE. Earlier that year, Turkey managed to rid the group of its consultative status at the U.N. Economic and Social Council over a technicality. Though the group lost its consultative status at the U.N., it still came to September’s OSCE meeting. A representative for the Journalists and Writers Foundation says the organization was not given a chance to reply to claims it is a terrorist organization. “Of course because this is an allegation without any proof and a groundless claim,” the representative says. In the fall of 2017, Turkey, which can block the dates and agenda of the Human Dimension Meeting, attempted to establish a veto over which civil society organizations could join the event. A working group that was set up last fall to deal with the issue is expected to meet Friday. In January, U.S. Sens. Roger Wicker and Ben Cardin wrote to Assistant Secretary of State Wess Mitchell expressing concerns about countries calling for a “vetting” mechanism for civil society organizations, specifically citing Turkey. “Turkey’s attempt to limit civil society participation at the OSCE rejects its commitment to promote freedom as a NATO ally. The State Department is right to join the Commission in opposition to these actions,” Wicker wrote in a comment to Foreign Policy. There may not be an easy solution, however. “Everything is based on consensus decisions made by the participating states,” a spokesperson for the OSCE’s Office of Democratic Institutions and Human Rights says. And Turkey appears to be standing firm in its position. Turkey recognizes the importance of the OSCE’s work and is not opposed to groups that are critical, Behic Hatipoglu, a counselor for the Turkish Foreign Ministry, wrote in response to questions. “However, participation of terror affiliated organizations to the OSCE activities is another issue and we believe that OSCE platforms should not be abused by terrorist or terrorist affiliated organizations,” he wrote. Beyond the September meeting, some NGOs and government officials alike are concerned that Turkey might inspire other countries — Kyrgyzstan or Azerbaijan, for example — to take similar measures to keep civil society organizations away from the table. But there are also concerns that this is part of a larger pattern of Turkish behavior on the international stage. Erdogan recently called for snap elections, which will take place under the state of emergency, and civil society groups have been a frequent government target. “They aren’t worried about attracting negative attention. If anything, they like it. It shows they’re proactive,” says David Phillips, the director of the program on peace-building and rights at Columbia University’s Institute for the Study of Human Rights. “This is all part of an effort by Erdogan to show voters he’s not allowing foreigners to interfere in Turkey’s domestic affairs.” And though the current Turkish initiative is focused on Gulen-affiliated groups, Phillips believes it’s part of a broader effort, at home and abroad, to go after civil society. “I would suspect that their efforts are not restricted only to Gulen-related groups. Once you start restricting civil liberties, why stop with the Gulen groups?”

  • 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.

  • 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.

  • 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.

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