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press release
Helsinki Commission Hearing to Examine Human Rights At Home
Thursday, June 25, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: HUMAN RIGHTS AT HOME Implications for U.S. Leadership Thursday, July 2, 2020 11:00 a.m. Watch Live: www.youtube.com/HelsinkiCommission By signing the Helsinki Final Act, the United States committed to respecting human rights and the rule of law, even under the most challenging circumstances. Recent developments in the United States—including George Floyd’s tragic death at the hands of police and subsequent protests—have put U.S. human rights commitments to the test in the eyes of the world. During this online hearing, witnesses will discuss these events, the U.S. response, and the resulting implications for U.S. leadership in foreign policy. Witnesses scheduled to participate include: Ambassador (ret.) Ian Kelly, former U.S. Permanent Representative to the Organization for Security and Cooperation in Europe (OSCE) Malcolm Momodou Jallow, Member of Parliament (Sweden) and General Rapporteur on Combating Racism and Intolerance, Parliamentary Assembly of the Council of Europe (PACE) Nkechi Taifa, Founding Principal & CEO, The Taifa Group, LLC; Convener, Justice Roundtable; and Senior Fellow, Center for Justice, Columbia University
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press release
Hastings: To Promote Human Rights Abroad, We Must Fiercely Protect Them at Home
Monday, June 22, 2020WASHINGTON—Ahead of a 57-nation OSCE meeting on freedom of expression, media, and information, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) released the following statement: “In the United States, we have witnessed a devastating series of attacks by authorities against journalists covering the nationwide protests calling for racial justice following the murder of George Floyd in Minneapolis. In many cases, reporters have been injured, harassed, or arrested even after explicitly identifying themselves as members of the press. “If the United States wants to remain a credible voice in the promotion of human rights abroad, we must fiercely protect them at home. This Supplementary Human Dimension Meeting on the critical topic of freedom of expression, media, and information represents an important opportunity to take an honest and critical look at America’s own record in recent weeks on protecting journalists and safeguarding press freedom.” According to the U.S. Press Freedom Tracker, as of June 15, there have been more than 430 reported press freedom violations since the beginning of the national Black Lives Matter protests on May 26. This includes at least 59 arrests; 268 assaults (including the use of tear gas, pepper spray, and rubber bullets and projectiles); and 57 cases of equipment/newsroom damage. OSCE Supplementary Human Dimension Meetings (SHDM) are convened three times annually on topics chosen by the OSCE Chairperson-in-Office. The first SHDM organized by the Albanian chairmanship, “Addressing All Forms of Intolerance and Discrimination,” took place May 25-26, 2020. The June meeting on freedom of expression, media and information includes participation by non-governmental civil society organizations, the U.S. Helsinki Commission, and representatives from OSCE participating States.
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press release
Chairman Hastings Demands Release of Paul Whelan
Wednesday, June 17, 2020WASHINGTON—Following the sentencing of U.S. citizen Paul Whelan to 16 years in a maximum-security prison by a Russian court, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “In clear violation of Russia’s OSCE commitments, Paul Whelan was denied his right to due process. His long and harsh pre-trial detention, and the secretive nature of Paul’s trial and the spurious ‘evidence’ against him, show that Russia’s authorities are not concerned about justice. This is nothing more than a politically-motivated stunt that has inflicted serious damage on an American citizen. Paul Whelan must be released.” Paul Whelan was arrested in Moscow in December 2018, where he planned to attend a wedding. FSB agents broke into his hotel room and found a flash drive that Whelan’s Russian friend had told him contained photos from a recent trip. Authorities claimed that the flash drive contained classified information. Whelan has been detained in Moscow’s Lefortovo prison, unable to contact his family and friends, alleging abuse from guards, and suffering from health problems.
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briefing
8:46 (George Floyd)
Friday, June 12, 2020George Floyd’s tragic death at the hands of a Minneapolis police officer—recorded for a wrenching eight minutes and 46 seconds—shocked the world. During this online briefing, political and civil rights leaders from the United States and Europe discussed the impact made by resulting protests and the need to change policing tactics, alongside an honest review of how racism stemming from the transatlantic slave trade and colonialism persists today. Related Information Panelist Biographies Podcast | Communities at Risk: The Impact of COVID-19 on the OSCE’s Most Vulnerable Populations Press Release | Chairman Hastings Introduces LITE Act to Strengthen Ties with U.S. Allies, Support Visionary Leadership on Both Sides of the Atlantic Press Release | Chairman Hastings Introduces Bill to Promote Diversity and Inclusion in the Federal Workforce Press Release | Chairman Hastings Recognizes Black European Fight for Inclusion Safe, Inclusive, and Equitable Societies Helsinki Commission Initiatives on Racial Justice, Minority Rights, and Tolerance and Non-Discrimination ENAR demands to address racist police violence and structural racism
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press release
Political and Civil Rights Leaders to Discuss Impact of George Floyd’s Death at Helsinki Commission Briefing
Tuesday, June 09, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following staff-led online briefing: 8:46 (GEORGE FLOYD) A Time for Transformation at Home and Abroad Friday, June 12, 2020 10:00 a.m. Register to attend. George Floyd’s tragic death at the hands of a Minneapolis police officer—recorded for a wrenching eight minutes and 46 seconds—shocked the world. During this online briefing, political and civil rights leaders from the United States and Europe will discuss the impact made by resulting protests and the need to change policing tactics, alongside an honest review of how racism stemming from the transatlantic slave trade and colonialism persists today. Panelists scheduled to participate include: Abena Oppong-Asare, Member of Parliament, United Kingdom Adam Hollier, Michigan State Senator Mitchell Esajas, Chair, New Urban Collective (Netherlands) Karen Taylor, Chair, European Network Against Racism (ENAR) Panelists may be added.
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briefing
Disinformation, COVID-19, and the Electoral Process
Thursday, May 21, 2020Listen to audio of the briefing on Facebook. Free and fair elections are one of the most fundamental measures of a democratic society. During the 2016 presidential elections, many Americans became aware for the first time that disinformation can be easily coupled with technology by state and nonstate actors to disrupt and muddy the information space in the months, weeks, and days leading up to an election. The use of disinformation to influence elections has since become a pervasive and persistent threat in all 57 OSCE participating States, one which many still struggle to adequately address. With presidential, parliamentary, or local elections scheduled in 15 OSCE participating States before the end of 2020, the stakes could not be higher. The COVID-19 pandemic has added another level of complexity, as Russia, China, and Iran are all attempting to use the crisis to drive a wedge between the United States and Europe. Governments in the region are struggling to respond, with some enacting measures that further restrict the free flow of information and threaten press freedom. This briefing featured three expert panelists who each examined the implications of this emerging threat to the electoral process and explored opportunities for nations, state and local governments, the private sector, and civil society to collaborate to identify and mitigate disinformation’s corrosive effects. Some of the more urgent concerns they noted were the increased politicization of the information space and the rise of nonstate actors. Heather Conley, Senior Vice President for Europe, Eurasia, and the Arctic at the Center for Strategic International Studies, noted, “Russia does not create the weaknesses; they simply exploit them. And this is where I think it’s very important to understand that in the U.S. system they’re exploiting, obviously, our partisanship. So we are offering them the weakness, and then they use it wherever they can.” Nina Jankowicz, Disinformation Fellow at the Woodrow Wilson Center Science and Technology Information Program and author of the upcoming book How to Lose the Information War, said the goal is often simply to bombard the information space with so much conflicting information, the voter loses interest: “They want people to consume less news and to feel like participation at all stages of the process is futile, whether that means communicating with our elected representatives, participated in civil society, or even the act of voting itself.” She added that partisanship cannot be permitted to frame the response to disinformation. “Disinformation is not a partisan issue,” she said. “If we’re to make any progress in protecting our democracies, we need to not only clearly recognize the threat that disinformation poses but reject its tactics whole cloth. Any government that uses disinformation cannot hope to fight it.” Chatham House’s Sophia Ignatidou called for a US-EU approach to combatting disinformation that was rooted in international human rights. She noted, “The reason for doing that is that international human rights law is suitable to deal with an issue that doesn’t respect any physical boundaries. And it can provide a more holistic view of the issue of disinformation which we are lacking sometimes.” Ignatidou also challenged one of the primary arguments that some of the big tech companies use to push back against regulation – freedom of expression – as misleading, because “the problem with disinformation is dissemination patterns and scale, not content, per se. And freedom of speech does not equate [with] freedom of reach.” Other questions centered on the importance of OSCE election monitoring missions paying more attention to how disinformation impacts the atmosphere surrounding an election in the months leading up to it. The discussion ended on a positive note as all three panelists, when asked to cite examples of successful efforts to mitigate disinformation, spoke about the importance of using trusted, credible voices at the grass-roots level and of building resilience among voters in a nonpartisan fashion. Related Information Panelist Biographies Podcast: Helsinki on the Hill | Defending against Disinformation A Global Pandemic: Disinformation Hearing: The Scourge of Russian Disinformation Briefing: Lies, Bots, and Social Media
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press release
Co-Chairman Wicker Commends Decision by Belarus to Refuse Extradition of Jehovah’s Witness to Russia
Tuesday, May 19, 2020WASHINGTON—Following the April decision by the Prosecutor General of Belarus to reject the Government of Russia’s request to extradite a Russian national to face criminal charges for being a Jehovah’s Witness, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “I commend the government of President Alexander Lukashenko for releasing Nikolai Makhalichev and rejecting the Kremlin’s request to extradite him. If forced to return to Russia, Mr. Makhalichev would face detention, a criminal trial, certain conviction, and imprisonment—merely for practicing his sincerely-held religious beliefs. “In keeping with Belarus’ OSCE commitments and other international obligations, Belarusian authorities should continue to resist the extradition of Mr. Makhalichev to Russia, allow him to move freely, and respect his human rights and fundamental freedoms, regardless of whether the Government of Belarus grants him refugee status or another country gives him legal protection.” Background Amendments in 2006 to Russia’s Federal Law on Countering Extremist Activity criminalized a wide range of religious activities as “extremist,” without precisely defining extremism or requiring that such activities have a violent element. The Russian Government invoked the law as it began relentlessly targeting Jehovah’s Witnesses, a peaceful faith community, with investigations, raids, arrests, detention, trials, the closure of local congregations, website and literature bans, and more. In July 2017, the Supreme Court of Russia upheld an earlier ruling in favor of the Ministry of Justice that Jehovah’s Witnesses are an “extremist” group, criminalizing and effectively banning their activities, and ordering their property to be seized and liquidated. Since then, Russian authorities have conducted criminal investigations into at least 333 Jehovah’s Witnesses, including Makhalichev; courts have convicted at least 32 of them. The authorities have engaged in raids, detentions, house arrests, travel restrictions, property confiscations, and even torture. In February 2020, Belarusian police detained Makhalichev, citing the criminal charges against him in Russia. He then applied for refugee status in Belarus. The Russian Prosecutor General’s Office formally requested extradition in March. The Belarusian Ministry of Interior is currently adjudicating Makhalichev's refugee application. In September 2019, the Helsinki Commission held a hearing highlighting how the Kremlin and other autocratic governments engage in transnational repression against people they perceive as hostile to them: using tools such as INTERPOL to request arrest and extradition, and sometimes even surveilling, abducting, and assassinating targeted persons on foreign soil. Helsinki Commission Chairman Rep. Alcee L Hastings (FL-20), Co-Chairman Wicker, Ranking Member Rep. Joe Wilson (SC-02), and Ranking Member Sen. Ben Cardin (MD) introduced the Transnational Repression Accountability and Prevention (TRAP) Act to combat such threats. Like all participating States of the Organization for Security and Cooperation in Europe (OSCE), Russia and Belarus have repeatedly committed themselves to recognizing, respecting, and protecting freedom of religion or belief. In December 2019, U.S. Secretary of State Mike Pompeo redesignated Russia for the Special Watch List of countries that have committed severe violations of religious freedom, per the Frank R. Wolf International Religious Freedom Act. Since 2017, the United States Commission on International Religious Freedom has recommended designating Russia as a Country of Particular Concern under the International Religious Freedom Act of 1998. Belarusian law authorizes the government to grant refugee status to a foreigner if he or she has a “well-founded fears of being persecuted in the country of his/her citizenship for the reason… of…religion,” and prohibits the government from expelling the applicant to that country, even if the government denies, revokes, or otherwise removes their refugee status. The law also requires the government to give foreigners requesting refugee status or related legal protection access to the United Nations High Commission for Refugees.
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press release
Helsinki Commission Briefing to Examine Corrosive Impact of Disinformation on the Electoral Process
Monday, May 18, 2020WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: DISINFORMATION, COVID-19, AND THE ELECTORAL PROCESS Thursday, May 21, 2020 10:30 a.m. – 11:30 a.m. Register to attend. Free and fair elections are one of the most fundamental measures of a democratic society. During the 2016 presidential elections, many Americans became aware for the first time that disinformation can be easily coupled with technology by state and nonstate actors to disrupt and muddy the information space in the months, weeks, and days leading up to an election. The use of disinformation to influence elections has since become a pervasive and persistent threat in all 57 OSCE participating States, one which many countries still struggle to adequately address. With presidential, parliamentary, or local elections scheduled in 15 OSCE participating States before the end of the year, the stakes cannot be higher. The COVID-19 pandemic has added another level of complexity, as Russia, China, and Iran are all attempting to use the crisis to drive a wedge between the United States and Europe. Governments in the region are struggling to respond, with some enacting measures that further restrict the free flow of information and threaten press freedom. This briefing will examine the implications of this emerging threat to the electoral process and explore opportunities for nations, state and local governments, the private sector, and civil society to collaborate to identify and mitigate disinformation’s corrosive effects. Expert panelists scheduled to participate include: Heather Conley, Senior Vice President for Europe, Eurasia, and the Arctic, The Center for Strategic and International Studies (CSIS) Nina Jankowicz, Disinformation Fellow, Woodrow Wilson Center Science and Technology Information Program; author of “How to Lose the Information War” Sophia Ignatidou, Academy Associate, International Security Programme, Chatham House
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publication
Human Rights and Democracy in a Time of Pandemic
Tuesday, May 12, 2020The outbreak of the novel coronavirus pandemic has prompted governments around the world to take extraordinary measures in the interest of public health and safety. As of early April, nearly two-thirds of the 57 participating States of the Organization for Security and Cooperation in Europe had declared “states of emergency” or invoked similar legal measures in response to the crisis. Often such measures have enabled governments to enact large-scale social distancing policies and suspend economic activity to save lives and preserve the capacity of national public health infrastructure to respond to the spread of infections. At the same time, human rights organizations and civil society activists have expressed concern regarding the breadth of some emergency measures and recalled the long history of government abuse of emergency powers to trample civil liberties. Exactly three decades ago, OSCE participating States unanimously endorsed a set of basic principles governing the imposition of states of emergency, including the protection of fundamental freedoms in such times of crisis. In 1990 in Copenhagen, OSCE countries affirmed that states of emergency must be enacted by public law and that any curtailment of human rights and civil liberties must be “limited to the extent strictly required by the exigencies of the situation.” According to the Copenhagen Document, emergency measures furthermore should never discriminate based on certain group characteristics or be used to justify torture. Building on these commitments a year later in Moscow, participating States underscored that states of emergency should not “subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms.” The Moscow Document stresses the role of legislatures in imposing and lifting such declarations, the preservation of the rule of law, and the value of guaranteeing “freedom of expression and freedom of information…with a view to enabling public discussion on the observance of human rights and fundamental freedoms as well as on the lifting of the state of public emergency.” In some corners of the OSCE region, however, national authorities are violating these and other OSCE commitments in the name of combatting coronavirus. While many extraordinary responses are justified in the face of this crisis, government overreach threatens the well-being of democracy and the resilience of society at a critical time. Download the full report to learn more.
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press release
Hastings and Wicker Troubled By Mounting Harassment of Opposition Members, Activists, and Journalists by Government of Azerbaijan
Monday, May 11, 2020WASHINGTON—In response to the Government of Azerbaijan’s mounting harassment of Azerbaijani opposition members, activists, and journalists, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “During this pandemic, public health precautions do not excuse politically-motivated repression. We are deeply troubled by reports that the Government of Azerbaijan is further squeezing its people’s access to free expression, media, and information through arrests, fines, harassment, and possibly torture. Authorities should cease exploiting this global crisis to limit the speech of members of the Popular Front Party of Azerbaijan and other activists and reporters.” In recent weeks, Azerbaijani authorities have detained, questioned, jailed, fined, and, in one case possibly tortured opposition members and journalists affiliated with the country’s main opposition party, the Popular Front Party of Azerbaijan (PFPA), and opposition-aligned media outlet Azadliq. Since the global spread of the novel coronavirus, the Azerbaijani Government has intermittently cut off internet and phone access to PFPA Chair Ali Karimli, preventing him from communicating with the outside world, including conducting interviews with media. Last week, a coalition of opposition parties accused the government of torturing PFPA activist Niyameddin Ahmedov while in custody. Other PFPA affiliated activists and writers, including Aqil Humbatov, Faiq Amirli, and Saadat Jahangir, have been detained for allegedly violating quarantine rules after speaking or reporting critically about the government’s response to the coronavirus pandemic.
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press release
Wicker and Cardin Urge Pompeo to Work with EU High Representative to Advance EU Magnitsky Sanctions
Monday, May 11, 2020WASHINGTON—In a letter released today, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) urged U.S. Secretary of State Mike Pompeo to ask the EU’s High Representative for Foreign Affairs and Security Policy, Josep Borell, to expedite the adoption of EU sanctions on human rights abusers, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. The letter reads in part: “In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality... “It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation... “It was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world.” The U.S. Global Magnitsky Human Rights Accountability Act, which authorizes the President to impose economic sanctions and deny entry into the United States to any foreign person he identifies as engaging in human rights abuse or corruption, has been an important asset in the U.S. diplomatic toolkit. In December 2019, High Representative Borrell announced that all Member States unanimously agreed to start preparatory work for an equivalent of Global Magnitsky, adding that such a framework would be “a tangible step reaffirming the European Union’s global lead on human rights.” The Baltic States, Canada, and the UK already have adopted similar legislation. However, the current proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption, nor does it include any reference to Sergei Magnitsky by name. The full text of the letter can be found below: Dear Mr. Secretary, As the original sponsors of the Magnitsky Act, we aim to increase the impact of the legislation worldwide by encouraging our allies to join us in sanctioning bad actors. At the moment, the European Union (EU) has agreed in principle to adopt their own sanctions similar to those provided by the Global Magnitsky Act, but certain issues remain. Therefore, we ask that you work with Josep Borrell, High Representative of the EU for Foreign Affairs and Security Policy, to ensure the EU adopts and implements the most thorough and effective sanctions package possible. Our first concern is that the EU seems to have stalled in putting together the details of their Magnitsky sanctions regime because of the global health crisis. In December, High Representative Borrell announced that there was political agreement to move forward on a Magnitsky-like piece of legislation, which his team would begin drafting. Since then, we fear this work has been sidelined. In this time of global crisis, dictators and kleptocrats are only increasing their bad actions, making it more important than ever that the EU move quickly to make the EU Magnitsky Act a reality. Our second concern is that the proposal for an EU Magnitsky Act does not include sanctions for officials involved in corruption. It has become clear that corruption and human rights abuse are inextricably linked. The lack of provisions to sanction corruption would weaken the comprehensive Magnitsky approach. It would also lead to difficulties synchronizing U.S. and EU sanctions by enabling corrupt officials barred from the United States to continue operating in the EU, thus diminishing our deterrent and increasing Europe’s vulnerability to exploitation. Finally, we are concerned that the EU is not planning to include Magnitsky’s name on the sanctions regime. It was Sergei Magnitsky who stood up to a ruthless, violent, and corrupt state and demanded fairness and accountability for his fellow citizens. And it was Sergei Magnitsky who started this very effort to end impunity for human rights abusers and corrupt officials. Omitting the name of Magnitsky, who was jailed, tortured, beaten, murdered, and posthumously convicted, would indicate a lack of resolve to stand up to brutal regimes around the world. Therefore, we request that you ask the High Representative Borrell to expedite the adoption of their sanctions, include provisions for sanctioning corruption, and ensure that the EU sanctions regime bears Sergei Magnitsky’s name. It is important that we do not let our guard down and continue our global leadership in this important area. Sincerely, Benjamin L. Cardin Roger F. Wicker Ranking Member Co-Chairman
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speech
Remarks from Sen. Cardin Concerning COVID-19 Emergency Responses
Friday, May 08, 2020OSCE PA Webinar: Respecting Human Rights And Maintaining Democratic Control During States of Emergency Thank you, Mr. President Tsereteli and Secretary General Montella, for organizing this dialogue. Director Gisladottir and Mr. Abramowitz, thank you for the work each of you is doing to shine a light on the human rights and democracy implications of emergency measures introduced in response to the COVID-19 pandemic, as well as the implications of other government actions taken during this public health crisis that may threaten the health of our democracies. As parliamentarians, we have a responsibility to ensure that the measures we introduce and which our governments implement are consistent with OSCE standards on human rights and democracy, including the 1991 Moscow Document’s commitments regarding states of emergency. Those actions must be necessary, proportional, transparent, and temporary. Emergency provisions which restrict freedom of speech or freedom of the media are especially concerning and may actually undermine our efforts to address this health emergency. We need to ensure that journalists, medical professionals, scientists and others can provide the public with information we need to battle covid. Muzzling independent voices undermines public confidence in government at a time when that confidence and public cooperation is critical to the success of the safety measures we need. And yes, sometimes this means governments are going to hear they they’re not getting it right and sometimes governments will need to make course corrections. But there’s a big difference between addressing bad news and suppressing bad news. A robust civil society is a critical partner to each of our governments and will strengthen our resilience. Unfortunately, just this virus exploits vulnerabilities of pre-existing conditions, some governments may exploit the human rights limitations already in place before this pandemic, including laws or practices that unduly restrict civil society, or limit the freedoms of expression, association, or assembly. President Tseretelli, your appointment of a Special Representative on Civil Society last August could not have come at a more important time. I hope members of this assembly will advance efforts to protect the core fundamental freedoms that are essential for civil society voices to be heard and support the work of my colleague, Special Representative Pia Kauma. We also need to ensure that civil society voices continue to be heard within the OSCE. As we look ahead to how the participating States organize human dimension activities this year, and particularly the annual Human Dimension Implementation Meeting, it is critical that we preserve the access and openness that have made the OSCE such an important forum for human right defenders. Whether OSCE meetings are in person or online, those standards of access should be preserved. Finally, democratic institutions, including as the rule of law, the independence of the judiciary, and free elections, must be preserved even during states of emergency. I think this is really one of the most important contributions of the 1991 Moscow Document — it speaks to these exact points: “A state of public emergency may not be used to subvert the democratic constitutional order.” “The participating States will endeavor to ensure that the normal functioning of the legislative bodies will be guaranteed to the highest possible extent during a state of public emergency.” “The participating States will endeavor to ensure that the legal guarantees necessary to uphold the rule of law will remain in force during a state of public emergency.” We may need to make changes in how our courts hear cases or the mechanics of our elections. But a health emergency does not diminish our commitment to ensure the integrity of our democratic institutions. The United States will proceed with our elections in a manner that ensures the public’s safety and respects the rights of voters, and consistent with our OSCE commitments. Thank you.
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speech
Respecting Human Rights and Maintaining Democratic Control during States of Emergency
Friday, May 08, 2020Statement at the OSCE Parliamentary Assembly Webinar: Respecting Human Rights and Maintaining Democratic Control during States of Emergency President Tsereteli, Secretary General Montella, it is good hear from you. I am pleased to see that this Assembly has found ways to communicate, cooperate and collaborate — in spite of the distances that keep us apart, and as an expression of our shared commitments to our roles as legislators. At last year’s annual session, I was the lead sponsor of a supplementary item on “the role of civil society — individuals and non-governmental organizations — in realizing the aims and aspirations of the OSCE.” The resolution we adopted in Luxembourg acknowledges the critical role civil society plays in enhancing security and cooperation across all OSCE dimensions. I appreciate President Tsereteli appointing our colleague, the Honorable Pia Kauma, as the Assembly’s Special Representative to be an advocate for civil society engagement and she has done a great job so far. I am sorry, but not surprised that some governments have taken the need for emergency measures as an opportunity for repressive measures. Hungary is the only OSCE participating State that does not have a sunset clause for the expiration of its emergency measures, or requiring parliamentary approval for an extension. Parliamentary oversight is absolutely essential, especially when governments seek to exercise extraordinary powers. I believe we must also pay particular attention to those measures that relate to freedoms of assembly, association, and expression. I am also troubled by the heavy-handed disciplinary and punitive approach utilized in some areas, which exacerbates existing discriminatory and unconstitutional policing. I want to thank you, Director Gisladottir, for your attention to this and speaking out against the hate crimes and scapegoating of minorities, refugees and migrants. In the next legislation that will come before the U.S. Congress, I will support provisions to address hate crimes and other forms of discrimination in our societies recently highlighted by the pandemic. The February 25 profiling murder of Ahmaud Aubrey by his neighbors in the state of Georgia demonstrates the urgency of our fight for equity and justice for all beyond our current crisis. But I would like to pause here for a moment, to reflect on violations of fundamental freedoms that some governments had already imposed even before now. If a law or practice violated OSCE human rights and democracy norms before the pandemic, circumstances now will surely not cure that violation. Threats against journalists, restrictions on academic freedom, imprisoning people for their political views, and impeding or even criminalizing NGOs’ access to and communication within and outside their own countries — all of that is still inconsistent with OSCE commitments, and the pandemic does not change that. Principle VII of the Helsinki Final Act still holds: individuals still have the right to know and act upon their rights. I therefore add my voice to the international calls from OSCE institutional bodies and others around the world for the release of all prisoners of conscience given this pandemic. Prison populations are particularly susceptible to community spread. To address dangerous overcrowding, governments should work first and foremost to release those imprisoned for exercising their internationally recognized rights or those wrongly imprisoned contrary to international commitments. I regret Turkey's decision in particular to approve a plan to release 90,000 prisoners that excluded relief for any of the thousands of political prisoners, including opposition politicians, civil society activists, employees of U.S. diplomatic missions, and many more. Which brings me back to the important work of Special Representative Kauma. Civil society is not a luxury, it is essential. If anything, it becomes even more important during an emergency when governments may legitimately exercise powers, but those powers may not be unlimited, unchecked, or unending. A vibrant civil society plays a critical role in holding governments to account, particularly at times of great social stress. Those human rights groups, the parent-teacher organizations, book clubs, or food banks— all enrich our societies. Colleagues, this pandemic has upended elections across the OSCE region. According to the OSCE Parliamentary Assembly’s factsheet, forty OSCE participating States — including my own — have elections scheduled for this year. As we all rise to meet the challenge of conducting elections safely, we must maintain transparency regarding the entire electoral process, especially any changes to the timing of elections, methods of voting, or measures that impact campaigning. The United States is already debating these issues in preparation for November. Even in a pandemic, international and domestic election observation remains vital. We must find a solution to ensure that they are engaged and included even now.
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speech
Statement at the Meeting of the OSCE Parliamentary Assembly Bureau
Monday, April 27, 2020Mr. President, Secretary General Montella, thank you for giving me the opportunity to participate in this Bureau meeting. I commend you for your efforts to ensure that the work of the Assembly continues and that this body responds to the urgent challenges all of our countries face. I particularly welcome the information you have put online about the participating States’ responses to the covid-19 pandemic and the role of legislative bodies in formulating those responses. Parliamentary oversight is essential, not expendable, in an emergency. Since my last report in Luxembourg, I have focused on the profound threat of rising and increasingly deadly intolerance. Anti-Semitic, racist and xenophobic attacks in my own country, at the Tree of Life Synagogue in Pittsburgh and the targeted killings of Latin Americans in El Paso, Texas, underscore the urgency of this threat. Obviously, the pandemic creates new and additional challenges. But it is precisely at this moment that we cannot afford to lower our guard against discrimination and bigotry, when pandemic fears may fan the flames of intolerance. Minority and immigrant communities are already more vulnerable to the impact of the pandemic because of past inequalities. Those disparities may be compounded without appropriately targeted healthcare and economic responses. Covid-caused disruptions in education may also have long-term disproportionate consequences for those already impacted by discriminatory schooling. As parliamentarians, we have a responsibility to ensure that the measures we introduce and which our governments implement are consistent with OSCE standards on human rights and democracy, including the 1991 Moscow Document’s commitments regarding states of emergency. It is also vital that our parliamentary oversight extends to the use of military authorities and policing, which may have the potential to exacerbate relations with minority communities and erode public confidence in government at a time when that trust is critical for the effective implementation of responses to this virus. Disciplinary and punitive policies by national or local authorities run the risk of backfiring. As this body’s special representative on anti-Semitism and racism, I am alarmed by attacks on people who are being scapegoated for this virus. Parliamentarians should lead by example in countering disinformation, conspiracy theories, and other propaganda that stokes anti-Asian bigotry, xenophobia, anti-Semitism, and other forms of racism. In the face of an extraordinary threat, people may feel that ordinary constraints on governments do not apply. But too often, temporary changes introduced for emergencies have a way of becoming permanent. I welcome the statements by my Third Committee colleagues that have called for the participating States’ responses to meet the basic tests of necessity, transparency, and proportionality. It is also crucial that they include sunset provisions and subject to periodic review. When democratic norms erode, protections against hate crimes do too. Mr. President, I will be reporting more fully on my activities later this year at a more opportune time, when we will all be able to assess the very fluid, unfolding challenges. Covid-19 will undoubtedly lead to profound changes in all our countries for a long time to come. I thank you and my colleagues here today for the work you are doing to ensure that we meet a global crisis with global cooperation faithful to the commitments we have undertaken in the OSCE.
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press release
Helsinki Commission Leaders Appalled by Latest Attacks on Press Freedom in Russia
Friday, April 17, 2020WASHINGTON—Following recent threats to the life of Russian journalist Yelena Milashina by Chechnya’s leader Ramzan Kadyrov and the forced removal of her Novaya Gazeta article on the coronavirus response in Chechnya by Russia’s media regulatory agency, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) released the following statements: “I am appalled—though not surprised—that the Government of Russia is using a global pandemic to restrict media freedom at a time when access to accurate information is vital,” Chairman Hastings said. “Yelena Milashina does not deserve death threats for simply doing her job. I condemn these attacks; Novaya Gazeta must be able to operate freely to provide truthful and timely information to the Russian people.” “Independent journalists need to be protected so they can continue to do the important work of keeping the public informed, especially in times of crisis,” said Co-Chairman Wicker. “Chechen strongman Kadyrov has a history of support for lawlessness and extrajudicial killings, and his threats should be taken seriously. A government that fails to protect journalists like Yelena Milashina will also contribute to a culture where other citizens are afraid to speak out.” After the passage of an April 1 law criminalizing “misinformation” regarding the coronavirus, the Government of Russia has begun to target news agencies and individuals who have criticized the government’s response to the pandemic. RFE/RL’s reporting on Russia’s handling of the coronavirus has been targeted for review in the State Duma, and the apartment of an activist in St. Petersburg was searched and her electronics seized for calling attention to insufficient local quarantine conditions on social media. Journalist Yelena Milashina has received previous death threats from Ramzan Kadyrov for her reporting on Chechnya. In February 2020 she was attacked by unknown assailants in Grozny, Chechnya’s capital. She received an International Women of Courage Award from the U.S. State Department in 2013 and appeared at Helsinki Commission events on Russia’s North Caucasus in 2009 and 2010.
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press release
Chairman Hastings Marks International Roma Day, Notes Consequences of Systemic Racism Exposed by Pandemic
Wednesday, April 08, 2020WASHINGTON—To mark the occasion of International Roma Day on April 8, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “This year, we sadly must put aside many of the annual celebrations of Romani art, culture, music, and heritage that usually mark International Roma Day, and instead address the urgent concerns exposed by a global pandemic. “This health crisis has spotlighted many of the consequences of systemic racism long faced by Romani communities. Unequal access to care—or in some cases even basic sanitation and clean running water—puts not only Roma but also other socially excluded groups in great danger of infection. Now more than ever, governments must ensure that all members of society have permanent access to healthcare, functioning sanitation facilities, and clean water. “In addition, around the world—even in our own country—there are those who seek to use this crisis to fan the flames of bigotry. We must not tolerate or excuse such discrimination on the basis of fear. Stoking racism and xenophobia will not make us healthier or stronger. It will only divide and weaken us at a time when unity is most needed. “To successfully counter COVID-19, OSCE participating States must work with local community representatives to build trust, enhance the transparency of national initiatives, and bolster participation in critical public health efforts. Roma and other marginalized groups must not be forgotten. To quote from the OSCE Action Plan, ‘for Roma, with Roma.’” In the April 2020 episode of the Helsinki Commission’s “Helsinki on the Hill” podcast, Romani scholar and activist Dr. Margareta Matache discussed the state of Roma rights in Europe, as well as resolutions introduced by Helsinki Commission leaders to celebrate Romani American heritage. In April 2019, Chairman Hastings, Co-Chairman Sen. Roger Wicker (MS), Rep. Steve Watkins (KS-02), and Ranking Helsinki Commissioner Sen. Ben Cardin (MD) introduced resolutions in the U.S. House of Representatives (H.Res.292) and the U.S. Senate (S.Res.141) celebrating Romani American heritage. In 2003, OSCE participating States adopted an “Action Plan on Improving the Situation of Roma and Sinti within the OSCE Area.” These guidelines—recommendations for participating States and OSCE institutions—are intended to combat racism and discrimination; ensure equal access and opportunities in education, employment, housing, and health services; enhance Romani participation in public and political life; and address issues relating to Roma in conflict and post-conflict situations.
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press release
Chairman Hastings Introduces LITE Act to Strengthen Ties with U.S. Allies, Support Visionary Leadership on Both Sides of the Atlantic
Friday, March 13, 2020WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) yesterday introduced the Leadership Institute for Transatlantic Engagement (LITE) Act (H.R.6239) to strengthen ties with U.S. allies, protect democratic institutions, and support visionary leadership on both sides of the Atlantic. “Numerous challenges are putting western democracies and the transatlantic partnership at risk, including disparities in wealth, health, employment, education, and justice that lead citizens to question whether democracy can deliver on its promise of freedom and opportunity for all,” said Chairman Hastings. “We must find new and better ways to help democratic leaders ensure that laws are equitable, transparent, and enforced; elections are free and fair; and the same protections, rights, and laws are extended to all in their constituencies.” LITE would further codify transatlantic leadership exchanges and knowledge-building activities to equip western policymakers with legislative, communications, conflict resolution, and other leadership tools to strengthen democratic institutions in their societies as well as the transatlantic relationship. Recognizing the rapid and ongoing demographic change on both sides of the Atlantic, LITE focuses on inclusive and intergenerational solutions to current challenges and would empower individuals across generations and from diverse backgrounds with the knowledge, tools, opportunity, and access to fully participate in their democracies. In addition, LITE would assist in community reunification by helping leaders develop strategies to build resilience against the exploitation of community grievances that can lead to dangerous divisions in society. For more than a decade, the Helsinki Commission has convened U.S. and European policymakers with the State Department and other partners under the banner of the Transatlantic Minority Political Leadership Conference and Transatlantic Inclusion Leaders Network to support increased political representation in western democracies. In 2019, Helsinki Commission held hearings featuring European lawmakers, and focusing on global leadership, democracy, and public diplomacy. In February 2020, the Helsinki Commission hosted more than 30 young legislators from OSCE participating States and partner countries to discuss the role of young people in peace and security efforts and forge a transatlantic network for political action to address emerging human rights and security challenges.
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article
Reflecting on Chechnya
Friday, March 13, 2020By Mia Speier, Max Kampelman Fellow On December 11, 1994, Russian forces advanced into Chechnya, a republic in the North Caucasus near Georgia and Azerbaijan, to stop an attempt at secession. A Chechen separatist movement started to gain momentum following the collapse of the Soviet Union and the Russians refused to allow any chance at separation. This marked the start of the First Chechen War, a conflict that erupted after decades of hostilities between the former Soviet government and the Chechen forces. The war dragged on for nearly two years, destroying the capital city of Grozny and killing tens of thousands of people—mostly civilians. The conflict, which started as an internal national movement, was complicated by flows of foreign money and foreign fighters. Militant Islamists joined the fight against Russia during the latter half of the war as part of a declared global jihad. Officials in Russia feared a repetition of the violence that occurred during the Soviet war in Afghanistan nearly a decade prior. Though Russia withdrew from Chechnya for a short time after the first war, the Second Chechen War broke out in 1999. This second war began after Putin blamed Chechen secessionists for bombings that killed Russian civilians, although there was no evidence of Chechen involvement in the bombings. Russian forces were sent into the republic again, and the Russian government succeeded in putting Chechnya under its control. Since then, the region has been a republic of Russia and is governed by Putin-appointed president Ramzan Kadyrov. Amid the conflict, however, the international community took steps to confront Russian aggression and violence in the region. On March 13, 1997, the U.S. Helsinki Commission convened a hearing called “The Future of Chechnya,” to discuss the efforts of Chechen citizens to free themselves from Russia’s painful yoke and fight back against Moscow’s defiance of international principles and the rule of law. The Helsinki Commission hearing focused on the 1994 Organization for Security and Cooperation Budapest Document that requires all participating States, including Russia, to ensure that their armed forces are commanded in a way that is consistent with international law. At the time of the hearing, an estimated 30,000 to 80,000 people had died in the territory, and tens of thousands of citizens had been displaced. The violence against and displacement of citizens in Chechnya was a clear violation of the Budapest Document. Then-Chairman Rep. Alfonse M. D’Amato chaired the hearing and noted that though many people were paying attention to the ongoing conflict in Bosnia at the time, it was important to also pay attention to the conflict in Chechnya and, more specifically, to think about the role of the OSCE in the region. “The world watched, horrified, as the Russian military used massive firepower against the Chechen guerrillas,” D’Amato said. “While the international community recognizes the principles of territorial integrity, there can be no doubt that in its effort to keep the Chechens in the Russian Federation, the Russian Government violated recognized international principles.” Since 1997, the Helsinki Commission has held several other public events related to human rights abuses, arbitrary arrests, abductions, and disappearances and the plight of Chechen refugees. In 2003, the commission penned a letter to then-Secretary of State Colin Powell urging the U.S. delegation at the United Nations Commission on Human Rights in Geneva to express concern over reported rights violations in Chechnya. Though it has been nearly 30 years since the First Chechen War, the situation in Chechnya remains bleak. In 2017, Congress passed a bipartisan resolution condemning widespread anti-LGBT persecution and violence in Chechnya after it was revealed that state law enforcement officials beat, imprisoned, and murdered hundreds of men perceived to be gay or bisexual. In June 2018, then-Chairman (and current Co-Chairman) Sen. Roger Wicker and Sen. Benjamin Cardin penned a letter to Secretary of State Mike Pompeo urging the United State to invoke the OSCE’s Moscow Mechanism in response to escalating human rights abuses in Chechnya. The Moscow Mechanism allows for the establishment of a short-term fact-finding mission to address a specific human rights concern in the OSCE region. In November 2018, the 16 of the 57 OSCE participating States invoked the Moscow Mechanism to investigate the alleged disappearances, killings, and torture taking place in Chechnya—all of which were concerns raised at a Helsinki Commission hearing just months prior. Though Russia failed to cooperate with the fact-finding mission, the resulting report concluded that the evidence clearly confirmed the allegations of very serious human rights violations and abuses in the Chechen Republic of the Russian Federation. Today, multiple reports of journalists and bloggers in Chechnya being beaten or murdered calls for even more concern for individual freedom and civil liberties in the region. In early February, Yelena Milashina, a prominent Russian journalist and lawyer who exposed the cruelty against gay Chechen men, was beaten in Grozny. Imran Aliev, an outspoken Chechen blogger who criticized President Ramzan Kadyrov, was found murdered in France earlier this year. Aliev’s death is one of many deaths and disappearances in recent years of Chechen dissidents throughout Europe, sparking heightened fears of Chechen death squads hunting down those seeking asylum outside of the republic.
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press release
Chairman Hastings Introduces Bill to Promote Diversity and Inclusion in the Federal Workforce
Friday, March 13, 2020WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) yesterday introduced H.R.6240, a bill to establish a government-wide diversity and inclusion plan to ensure fair access and opportunity to federal jobs for all Americans. “Estimates indicate that by 2050, more than half of the U.S. workforce will be made up of Americans from diverse populations,” said Chairman Hastings. “Effectively governing our nation will require that we fill federal jobs—whether they are in the military, intelligence, foreign service, health, or education sectors—with an equally diverse federal workforce who can meet the needs of our country.” The bill would require the development of a government-wide diversity and inclusion plan to ensure that all branches of the federal government are engaged in multi-year strategic planning to recruit, hire, promote, retain, and support workers representing America’s diverse talent pool. It also calls for a review of diversity in government contracting and grant-making. “Diversity and inclusion are the underpinnings of democratic societies,” said Chairman Hastings. “It is time to ensure that those from all segments of our society have an equal opportunity to contribute to the future of our nation as part of the vibrant workforce that is at the heart of our democracy.” The introduction of the bill follows the February 2020 GAO report highlighting problems in the State Department and legislative initiatives to increase diversity in the national security workforce. Advancing societies that are safe, inclusive, and equitable is central to the work of the Helsinki Commission. The commission supports programs to address inequities in employment, political participation, and other sectors for women and minorities and strives to empower communities to unite against bias and discrimination to foster truly democratic, inclusive, and free societies.
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press release
Helsinki Commission Leaders Commend Political Compromise in Georgia
Friday, March 13, 2020WASHINGTON—After a March 8 announcement that Georgia’s political leadership reached a deal paving the way for the adoption of compromise electoral reforms ahead of the October 2020 parliamentary election, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) released the following statements: “Debate and compromise, two hallmarks of democracy, have rebuilt hope that Georgia’s leaders can bridge divisions and meet the demands of the people for accountability in electoral processes and outcomes,” Chairman Hastings said. “Having led an international election observation mission to Georgia, I commend the hard work it took to reach this agreement and the role of international ambassadors, particularly U.S. Ambassador Kelly Degnan, in facilitating it. As the agreement’s implementation proceeds, I hope to see prioritization of the parties’ joint commitment to address perceptions of politically-motivated criminal charges in recent months.” During the January 2008 presidential election in Georgia, Chairman Hastings served as head of the OSCE PA election observation mission and was appointed by the OSCE Chairman-in-Office as the Special Coordinator leading all OSCE short-term observers. “As a longtime champion of the United States’ strategic partnership with Georgia, I am glad to see Georgia’s political leaders take the path of dialogue to resolve this months-long crisis,” said Co-Chairman Wicker. “The coming months should serve as an opportunity for the Georgian people to regain confidence in the ability of their democratic institutions to represent their voices and render independent justice.” In December 2019, Co-Chairman Wicker sent a letter to Georgian Prime Minister Giorgi Gakharia urging the ruling Georgian Dream party to address growing public discontent with preparations for the 2020 national election and a string of decisions that undermined public confidence in the rule of law. Since November, Georgia has been embroiled in a political crisis sparked by the surprise defeat in parliament of constitutional amendments that would have transitioned the country to a fully proportional electoral system for 2020 parliamentary elections. In response to a political crisis last summer, Georgian Dream Party Chairman Bidzina Ivanishvili pledged his party would pass the amendments, which enjoyed broad support from Georgian political factions and international democracy advocates. Despite this pledge, a group of Georgian Dream parliamentarians voted last month to scuttle the proposal, prompting angry reactions across the Georgian political spectrum. This political controversy coincided with criminal prosecutions against several prominent opposition figures that created the appearance of selective enforcement of the law. Georgian Dream parliamentarians also disregarded an opposition boycott last week to approve 14 justices to lifetime appointments on the Supreme Court despite serious questions about some of their legal qualifications.
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By H. Knox Thames, CSCE Counsel
Over the past two years, mob violence against minority religious groups has plagued the Republic of Georgia, a participating State in the Organization for Security and Cooperation in Europe (OSCE) since 1992. A country of five million people, Georgia has seen more than its share of sectarian violence, as individuals propagating religious chauvinism conduct a campaign of brutality against other religious communities. Adding to this, police units have reportedly participated in violence against minority religious groups, or have failed to respond to attacks in an adequate fashion. As a result, a number of minority religious communities remain at risk in Georgia today as depredations continue with impunity.
As an OSCE participating State, Georgia pledged to uphold freedom of thought, conscience, and religion or belief for all individuals, without distinction. As stated in the 1983 Madrid Concluding Document, participating States “agree to take the action necessary to ensure the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.”
Since 1999, organized mob brutality against minority religious groups has gradually escalated, with the Jehovah’s Witnesses being a repeated target. As stated by the Department of State’s 2001 International Religious Freedom Report, local “police and security officials at times harassed nontraditional religious minority groups and were complicit or failed to respond to attacks by Orthodox extremists against Jehovah’s Witnesses and other nontraditional religious minorities.” Despite the inability of Georgian authorities to incarcerate the perpetrators, the 1995 Georgian Constitution does guarantee protection.
Despite constitutional protections, over the past two years, approximately 80 attacks against Jehovah’s Witnesses have taken place, mostly led by Vasili Mkalavishvili, a defrocked Georgian Orthodox priest, and Paata Bluashvili, the director of the Orthodox “Jvari” Union. While victims have filed more than 700 criminal complaints, the authorities have not responded, leaving the perpetrators free to repeat their attacks.
Reports give startling examples of individuals being dragged by their hair into a group, only to be pummeled with punches, kicks and clubs. Buses taking Jehovah’s Witnesses to various events have been stopped by police, and then attacked by Mkalavishvili’s and Bluashvili’s mob. In September 2001, Bluashvili led an attack during a Jehovah’s Witness religious service, with some of his militants brandishing firearms. In addition, Mkalavishvili, viewing himself as a pugilist defending Georgian Christianity, reportedly declared Jehovah’s Witnesses “should be shot, we must annihilate them.”
Soon thereafter, with the violence steadily increasing and the government declining to intervene, Jehovah’s Witnesses conducted their activities in private, and for four months no violence occurred. However, in April of this year, that calm was shattered when Mkalavishvili’s and Bluashvili’s mob attacked on two separate occasions private homes that were hosting meetings. Considering the brutality Mkalavishvili and Bluashvili have displayed, it is astonishing that to date no fatalities have occurred.
While the Jehovah’s Witnesses have borne the brunt of these attacks, other minority religious communities have also suffered under this vigilantism. Last year, during choir practice of a Pentecostal church, Mkalavishvili’s militants raided the building, seriously injuring twelve church members. A mob exceeding 100 hooligans targeted an Evangelical church two days before Christmas 2001, clubbing members and stealing property. In February of this year, Mkalavishvili’s mob tried to raze a warehouse owned by the Baptist Union, burning Bibles and religious materials. Mkalavishvili organized approximately 150 followers in three buses to accomplish this goal. In addition, Mkalavishvili has targeted the offices of government ombudswoman Nana Devdariani, the Tbilisi based NGO Liberty Institute, and the Rezonansi newspaper. The police have consistently refused to restrain the attackers, with only a few exceptions to note.
Unfortunately, the judicial system has proven equally inept. On January 25th, prosecutors commenced legal proceedings against Mkalavishvili and one of his lieutenants for two mob attacks, although the minor charges brought do not reflect the gravity of their crimes. Yet, since the first hearing, the commitment of Georgian officials to vigorously prosecute Mkalavishvili has been evanescent. The case has been postponed five times, most recently due to the prosecutor failing to appear. These delays can be attributed to Mkalavishvili’s mob, sometimes numbering in the hundreds, maintaining a menacing presence both outside and inside the Didube-Chugureti District Court. At several hearings, large numbers have crashed into the court while carrying wooden and iron crosses, as well as banners with offensive slogans. Obviously feeling immune from government action, Mkalavishvili has used the courtroom itself as a platform, reportedly threatening lawyers and victims through a megaphone. Evidence of these events is readily available as local television stations are usually tipped in advance, airing footage of the attacks and interviews of Mkalavishvili and Bluashvili on the nightly news.
Despite fervent appeals by victims and their lawyers, the police have refused to provide adequate courtroom security. Attorneys for the victims even petitioned the court for assistance, only for the judge to decide no more than 10 police officers would be permitted. Inexcusably, the judge put no limit on the number of Mkalavishvili’s followers granted access to the courtroom. In a stark contradiction, more than 200 police and a SWAT team were ordered to protect officials from the Ministry of Interior when Mkalavishvili was brought to trial under different charges.
In sum, the Georgian Government is proving ineffective in ameliorating the situation and protecting its citizens, regardless of their religious faith, from mob violence. Meanwhile, President Eduard Shevardnadze has held meetings with faith communities to demonstrate religious tolerance.
He has also issued a presidential decree calling for the Ministry of Interior to take action, but by allowing lawless bands of militants to attack peaceful gatherings, his illusory actions are speaking louder than his words. By allowing the strength of the police and judicial systems to become a farce, it will only further encourage contravention of Georgian laws. However, despite actions demonstrated to date, the Georgian Government can end the attacks and bring to justice the perpetrators of this brutality.