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Helsinki Commission Welcomes Unveiling of Berlin Memorial for Romani Genocide Victims
Wednesday, November 21, 2012

On October 24, more than 600 people in Berlin attended the unveiling of the Memorial for the Sinti¹ and Roma of Europe Murdered under National Socialism. Leaders of the Helsinki Commission, who had underscored the importance of the monument, welcomed the event.

Rep. Chris Smith (NJ-04), Chairman of the U.S. Helsinki Commission, observed that the memorial “marks an important step in acknowledging and teaching about the fate of Roma at the hands of the Nazi regime and the Axis powers: persecution, confiscation of property, forced sterilization, slave labor, inhumane medical experimentation, and ultimately genocide.”

Proposals to erect a memorial to the Romani victims of genocide emerged in the early 1990s after the unification of the Federal Republic of Germany and German Democratic Republic and at a time when German acknowledgement and remembrance took on additional dimensions. Those efforts, however, bogged down over questions regarding the location of the proposed memorial and the content of inscriptions. (Concerns raised by the artist over materials and weather-related construction complications also contributed to interruptions.) German government officials also suggested some delays were caused by differing views among Romani groups, particularly regarding the inscriptions; some critics of the delays suggested there was an insufficient sense of ownership and political will on the part of the government.

Senator Ben Cardin (MD), Co-Chairman of the Commission, noted the singular role of Romani Rose, Chairman of the Central Council of German Sinti and Roma, and “his tireless work to ensure that Romani victims of genocide are remembered and honored.” Rose, who lost his grandparents at Auschwitz and Ravensbrueck, was a driving force to see the memorial completed. Cardin added, “I am deeply heartened that efforts to build this memorial, underway for over a decade, have finally been realized.”

German government officials at the most senior level attended the unveiling of the genocide memorial, including Chancellor Angela Merkel, President Joachim Gauck, Bundestag President Norbert Lammert, Bundesrat President Horst Seehofer, and Berlin Mayor Klaus Wowereit. Former President Richard von Weizsacker, in spite of advanced years and frail health, was also present. Federal Minister of Culture Bernd Neumann described the memorial “a pillar of German remembrance.”

U.S. Ambassador to Germany Patrick Murphy and Special Envoy for Holocaust Issues Douglas Davidson represented the United States. Dr. Ethel Brooks, who has served as a public member with the U.S. Delegation to the 2011 and 2012 OSCE Human Dimension Implementation Meetings, also attended the ceremony.

The memorial, designed by Israeli artist Dani Karavan, was widely hailed as a deeply moving testimony to the genocide of Romani people.

Dutch Sinto survivor Zoni Weiss addressed the hundreds of people who attended the event. As a 7-year-old, Weiss narrowly avoided being placed on the Westerbork transport from the Netherlands due to the intervention of platform policeman, but watched as his immediate family was sent to Auschwitz where they perished.

The unveiling ceremony was also accompanied by a week of events in Berlin focused on Romani history, culture and contemporary issues. Gert Weisskirchen, former German Member of the Budestag and former OSCE Personal Representative on Anti-Semitism, organized a round-table focused on contemporary challenges faced by Roma.

In her remarks at the event, Chancellor Merkel also acknowledged the on-going struggle for human rights faced by Roma throughout Europe, saying bluntly, “let’s not beat around the bush. Sinti and Roma suffer today from discrimination and exclusion.” Romani Rose warned more pointedly, “In Germany and in Europe, there is a new and increasingly violent racism against Sinti and Roma. This racism is supported not just by far-right parties and groups; it finds more and more backing in the middle of society.”

Background

The Nazis targeted Roma for extermination.

Persecution began in the 1920s, and included race-based denial of the right to vote, selection for forced sterilization, loss of citizenship on the basis of race, and incarceration in work or concentration camps.

The most notorious sites where Roma were murdered include Auschwitz in Nazi-occupied Poland, the Jasenovac camp in the so-called Independent State of Croatia, Romanian-occupied Transnistria, and Babi-Yar in Nazi-occupied Ukraine.

In other parts of German occupied or German-allied territory, Roma were frequently killed by special SS squads or even regular army units or police, often left in mass graves.

Many scholars estimate that 500,000 Roma were killed during is World War II, although scholarship on the genocide of Roma remains in its infancy and many important archives have only become available to a broader community of researchers since the fall of communism.

In recent years, for example, Father Patrick Desbois has helped document the location of 800 WWII-mass graves in Ukraine and elsewhere in the former Soviet Union, including 48 mass graves of Roma.

German postwar restitution legislation and its implementation effectively excluded almost all Romani survivors. Those most directly responsible for actions against Roma escaped investigation, prosecution and conviction. Several officials responsible for the deportations of Roma before and during the war continued to have responsibility for Romani affairs after the war.

In 1979, the West German Federal Parliament acknowledged the Nazi persecution of Roma as being racially motivated.

In 1982, Chancellor Helmut Schmidt recognized that the National Socialist persecution of Romani people constituted genocide.

The first German trial decision to take legal cognizance that Roma were genocide victims during the Third Reich was handed down in 1991.

In 1997, Federal President Roman Herzog opened a Documentation and Cultural Center of German Sinti and Roma, saying “The genocide of the Sinti and Roma was carried out from the same motive of racial hatred, with the same intent and the same desire for planned and final annihilation as that of the Jews. They were systematically murdered in whole families, from the small child to the old man, throughout the sphere of influence of the Nazis.”

At the 2007 OSCE Human Dimension Implementation Meeting, Thommas Hammarberg, Council of Europe Commissioner for Human Rights, observed that, “[e]ven after the [ . . . ] Nazi killing of at least half a million Roma, probably 700,000 or more, there was no genuine change of attitude among the majority population towards the Roma.”

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In recognition of criticism that, among the draft law’s many problems, it would stigmatize groups that receive foreign funding – including support from co-religionists in other countries – the current draft was altered to include a carve-out exception for religious organizations and sports.  If adopted, the law may spur the adoption of copycat laws in the region that might not have the same carve-outs for religious groups.  During a press conference in April, Prime Minister Viktor Orban’s chief of staff Janos Lazar suggested that Hungarian groups that receive foreign funding should be designated with a star.  He later apologized.

  • Helsinki Commission to Hold Hearing on Romanian Anti-Corruption Process

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: THE ROMANIAN ANTI-CORRUPTION PROCESS: SUCCESSES AND EXCESSES Wednesday, June 14, 2017 9:30 AM Senate Visitors Center (SVC) Room 212-210 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce061417 Since the fall of Communism, Romania’s greatest challenge has been the fight against corruption. This fight has largely succeeded, with powerful national-level prosecutors (the National Anticorruption Directorate) getting public support and scoring large numbers of convictions ranging from the level of local politicians to former Prime Ministers. However, two worrying trends have developed recently. First, in what was seen as an attempt to exempt government officials from prosecution, a move by the government to pardon government officials whose abuse of office caused damages of less than $47,000 led to the largest mass protests since 1989. Second, there are indications that some elements of the Romanian state, including possibly the security services, are using the necessary and popular fight against corruption as a pretext, in a few cases, to punish political opponents and expropriate business interests. The hearing will examine the current state of the Romanian anti-corruption process with goal of understanding its successes and excesses and how best to respond. The following witnesses are scheduled to testify: Ambassador Mark Gitenstein, Special Counsel, Mayer Brown Heather Conley, Senior Vice President, Center for Strategic and International Studies David Clark, Foreign Policy Commentator and Consultant Philip Stephenson, Chairman, Freedom Capital

  • Commissioner and Special Representative Ben Cardin Counters Anti-Semitism and Promotes Diversity

    When the U.S. funding bill commonly known as the Omnibus passed in May 2017, it included a number of provisions outlining U.S. foreign policy and national security measures.  It also included provisions supporting diversity and human rights in foreign affairs in the face of increased violence and discrimination across the 57 North American and European countries that make up the Organization for Security and Cooperation in Europe. “Continuing anti-migrant and refugee sentiments, anti-Muslim backlash following terrorist attacks, and a surge in anti-Semitic and racist incidents in this country and abroad are just some of the reasons I was compelled to act,” said Helsinki Commission Ranking Senator Ben Cardin (MD), who is also the OSCE Parliamentary Assembly’s first Special Representative on Anti-Semitism, Racism, and Intolerance. “These legislative provisions are just a few recent efforts I have advanced to ensure diverse populations in our country and throughout the OSCE region are afforded the same rights, protections, and opportunities as others that are enshrined in the Helsinki Final Act and numerous OSCE tolerance and non-discrimination commitments,” said Senator Cardin, whose U.S. spending bill provisions include: Increased funding to counter global anti-Semitism. U.S. support for the Organization for Security and Cooperation in Europe (OSCE) to advance new initiatives to counter anti-Semitism, racism, and intolerance. Expansion of the Department of State workforce diversity programs. Prior to the passage of the Omnibus, on April 25 Senator Cardin introduced the National Security Diversity and Inclusion Workforce Act (NSDIWA) of 2017, building on legislation he passed in December 2016 to diversify the State Department and USAID labor force.  “I have championed these equality and anti-discrimination provisions because America’s diversity is one of our greatest assets as a nation, and our government should reflect that reality,” said Senator Cardin. “When America leads with our values on display, whether we are promoting human rights abroad or helping resolve conflicts to help societies heal and move forward, including our own, it should be done with personnel who reflect the entire tapestry of the United States,” Senator Cardin continued. “Inequities and discrimination are not just a U.S. problem.  The hope is that this legislation can also serve as a model for other countries grappling with similar issues from hate crimes to inequality.” Senator Cardin was appointed the OSCE PA's Special Representative on Anti-Semitism, Racism and Intolerance in March 2015. More on his mandate and efforts can be found at http://www.oscepa.org/about-osce-pa/special-representatives/anti-semitism.

  • World Press Freedom Day 2017

    By Jordan Warlick, Staff Associate Although freedom of the press is recognized by democracies around the world as an essential and basic human right, emerging reports show that it is globally in decline, even in countries considered strong democracies. The recently published Freedom House 2017 Freedom of the Press Report and Reporters Without Borders’ 2017 World Press Freedom Index both indicate grim trends – Freedom House declares press freedom at its lowest point in 13 years, and Reporters Without Borders describes the “ever darker world map” it has published this year. The OSCE region is not uniform when it comes to freedom of the press. OSCE participating States include some of the freest nations in the world, like Norway and the Netherlands, alongside some of the least free nations, like Azerbaijan and Turkey. The worst-performing region in the aforementioned Freedom House report is Eurasia, while the best-performing is Europe, both of which are largely encompassed in the OSCE region. The central problems of media freedom are also varied between countries, from violence, intimidation, and incarceration of journalists; to emerging contempt for the media among politicians; to media outlet ownership and transparency issues. While some countries require more attention and monitoring than others, any conditions that impede on press freedom or that are considered harmful for journalists deserve attention. The OSCE Representative on Freedom of the Media was an office created in 1997 to do just that: monitor and assist participating States with compliance commitments on freedom of expression and free media. The most recent OSCE Representative on Freedom of the Media, Dunja Mijatović, was a fierce advocate for the rights of journalists across the OSCE. The OSCE participating States currently are in the process of selecting her successor, an appointment that requires consensus among the 57 OSCE participating States.  This office’s function as a watchdog for violations and deteriorating conditions for media has been critical to bringing attention to issues and cases that may otherwise go unnoticed. Still, undemocratic regimes, changing political tides in the region, and the evolving landscape of journalism present ongoing challenges. Over the last week alone, the Helsinki Commission has held three different events where media freedom has been an important topic of discussion: a hearing on human rights abuses in Russia; a briefing on Russian human rights violations of Ukrainian citizens; and a briefing on human rights in Turkey after its referendum on changes to the constitution.  At the hearing on human rights in Russia, each witness brought attention to the Kremlin’s control of the media and persecution of independent journalists. The briefing on Russian human rights violations against Ukrainian citizens focused on the incarceration of filmmaker Oleg Sentsov, but highlighted other cases of imprisoned journalists such as Roman Sushchenko of Ukrinform News and Mykola Semena, a contributor to Radio Free Europe. On Turkey, Freedom House panelist Nate Schenkkan described the severe restrictions on access to information and underscored Turkey’s status as the number one jailer of journalists in the world. If there is any hope for the future of press freedom in these countries where media is especially unfree, it is in the passion and talent of journalists who are committed to holding their governments accountable despite the risks. It is vital that the United States continue to be an exemplar of and advocate for freedom of the press, enshrined by our founders in the First Amendment in recognition of its importance for democracy, for other countries around the world.

  • Political Prisoners in Russia

    Principle VII of the 1975 Helsinki Final Act recognizes the right of individuals to know and act upon their human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief, without distinction as to race, sex, language or religion. The following individuals who were profiled in the Helsinki Commission's April 2017 hearing, "Democracy & Human Rights Abuses in Russia: No End in Sight," illustrate the many cases of political prisoners in Russia today. Dmitry Buchenkov – Buchenkov was charged under Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”) for his participation in the 2012 Bolotnaya Square protests against fraud in the 2011 presidential elections. He was arrested in December 2015 and is currently under house arrest.  He is recognized by Memorial as a political prisoner not only because the alleged offense did not take place, but also due to the lack of a fair trial and the disproportionate use of pretrial detention in light of the charge against him. His case illustrates the prosecution of individuals for engaging in nonviolent public protest against the government in general and the Bolotnaya Square cases in particular. Oleg Navalny – Navalny was charged under Article 159 (“swindling on a large scale”), article 159.4 (“swindling on a particularly large scale in the entrepreneurial sphere”), and article 174.1.a (laundering of funds on a large scale acquired by a person through a crime committed by him”).  He was sentenced to 3 ½ years in a closed proceeding, Memorial considers him a political prisoner because the alleged offense did not take place and he was not given a fair trial. In reality, Oleg Navalny was targeted because he is the brother of prominent political activist Alexei Navalny.  It appears the authorities are unwilling to make a martyr out of Alexei Navalny but seek to exert pressure on him by persecuting his brother. Oleg Navalny’s case illustrates the willingness of the government to target family members as a means of exerting pressure on political activists, which is specifically prohibited under the OSCE 1989 Vienna Concluding Document. Darya Polyudova – Polyudova was charged under article 280 of the Russian criminal code (“public appeals for extremist activity” and “public appeals for actions aimed at a violation of the territorial integrity of the Russian Federation”) in connection with her participation in preparation for a march that did not take place.  In reality, she was indicted for criticizing Moscow online for its support of Russia-backed separatists in Ukraine's east.  She is recognized as a political prisoner because the offense did not take place, her right to a fair trial was violated, and the government disproportionately used pretrial detention given the nature of the charges.  She was sentenced to two years in prison, becoming the first person in Russia convicted under a 2014 law criminalizing calls for separatism on the Internet. Her case illustrates the government’s prosecution of Russian nationals who criticize Russia’s actions and policies in Ukraine. Sergei Udaltsov – Udaltsov was charged under Article 30 of the Russian criminal code (“preparation of actions aimed at organizing mass riots”) and Article 212 (“organization of mass riots”) after participating in the Bolotnaya Square protests. He has been arrested multiple times before for protesting against the government. Memorial recognizes him as a political prisoner on the grounds that he was charged with an offense that did not take place; his right to a fair trial was violated; and the government disproportionately used pretrial detention. He was sentenced to four years and six months in prison. Ivan Nepomniashchikh – Nepomniashchikh was charged with Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”). He is recognized as a political prisoner on the grounds that he is being prosecuted for exercising his right to freedom of assembly; he is being charged with an offense that did not take place; he was not allowed a fair trial;  and the government disproportionately used pretrial detention. He is another example of those being prosecuted for participating in the Bolotnaya Square protests against the 2011 fraud in the presidential election. Alexei Pichugin – Pichugin was charged under Article 162 of the Russian criminal code (“robbery”) and Article 105 (“murder”). At a closed trial, Pichugin, the former head of internal economic security for the Yukos Company then headed by Mikhail Khodorkovsky, was sentenced to life imprisonment in a special-regime penal colony. He has been in prison since 2003 and is recognized as a political prisoner on the grounds that his prosecution was conducted without a fair trial.  The European Court on Human Rights also has held that Pichugin was denied a fair trial.   Oleg Sentsov – Senstov is a Ukrainian filmmaker imprisoned in Russia since 2015, and was the focus of a separate Helsinki Commission briefing. Sentsov was arrested in the Russian-occupied Crimean territory of Ukraine and charged under Article 205.4 of the Russian criminal code (“organization of a terrorist group”), Article 205 (“terrorist act committed by an organized group”), Article 30 in connection with Article 205 (“preparation of a terrorist act”), Article 30 in connection with Article 222 (“attempted illegal acquisition of firearms and explosive devices”), and Article 222 (“illegal acquisition and storage of far arms and explosive devices”).  He was accused of planning an attack on a monument to Lenin, a charge he denies. He was sentenced in a Russian military court to 20 years in a strict regime penal colony for terrorism. Other Illustrative Cases Alexander Kolchenko – Kolchenko, a Crimean activist, was charged under article 205 of Russia’s criminal code (art. 205.4 part 2: "Participation in a terrorist organization," and art. 205, paragraph "a," part 2: "A terrorist act conducted by a terrorist group"). He refuted the accusations of terrorism. Mr. Kolchenko was detained in May 2014, in Simferopol, Crimea, shortly after Russia took control over the peninsula. On August 25, 2016, the North Caucasus District Military Court of Russia sentenced Mr. Kolchenko to 10 years of imprisonment in a strict-regime colony. He is serving his sentence in the Chelyabinsk Oblast, in the city of Kopeysk, a facility notorious for its poor treatment of convicts. Mr. Kolchenko is recognized as a political prisoner by Russia’s Memorial watchdog group. Mykola Semena (under a travel ban) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care. Roman Sushchenko (in pre-trial detention) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko. Memorial, a Russian organization established to report on the crimes of Stalinism, documents cases of political prisoners as well as cases of those persecuted for their faith.This information was compiled by Helsinki Commission staff from Memorial, the U.S. Department of State Country Report on Human Rights Practices, and news sources. The U.S. Commission on International Religious Freedom also tracks cases of individuals imprisoned in connection with their faith.

  • How the State of Russian Media Becomes the State of International Media

    It was a bad week for reports on freedom of the media in Russia. On Wednesday, Reporters Without Borders released its 2017 world press freedom index. Russia came in at 148, after such bastions of independent media as South Sudan and Thailand. On Thursday, a Ukrainian human rights delegation briefed the Helsinki Commission on the case of Oleg Sentsov — a Ukrainian filmmaker imprisoned in a Siberian penal colony for his opposition to the annexation of Crimea — and abuses of Ukrainian journalists and creative professionals more broadly. On Friday, Freedom House unveiled its Freedom of the Press 2017 report. That report gives Russia partial credit for the world’s 13-year low in press freedom. “Vladimir Putin’s regime in Russia has been a trailblazer in globalizing state propaganda. It continues to leverage pro-Kremlin reporting around the world,” the report states. The three taken in tandem tell a story — one in which violence against journalists in Russia and the region is connected to violence against journalism around the world. Consider the case of Oleg Sentsov. In 2015, Sentsov was sentenced to 20 years in prison for planning terrorist attacks in Crimea. In his trial, he said he had been tortured. The international human rights community believes this to have been payback for the filmmaker’s outspoken stance against the annexation of Crimea (it is also worth noting that Russia treated Sentsov, a Ukrainian, as though he were a Russian citizen; after the annexation of Crimea, Russia considered all who did not explicitly apply for Ukrainian citizenship to be Russian, to which Sentsov objected in court by saying, “I am not a serf to be transferred with the land”). Russian-backed media reported it as a terrorism case. And so the case contains both the physical threat that looms over journalists and creative types who fail to parrot the party line and also the threat that Russian state-backed media can pose to understanding in the wider world. “Many people perceive [Russian state-backed media] not as propaganda, but as an alternative point of view,” Natalya Kaplan, Sentsov’s cousin, told Foreign Policy in an interview before heading to the Helsinki Commission briefing. “They tend to trust what Russian propaganda says.” In the case of Sentsov, that means some outside of Russia (to say nothing of those in it) thought he was neither filmmaker nor terrorist, but some combination of the two. Americans can no longer tell the difference between actual fake news and fake fake news, Ukrainian PEN member Halya Coynash told FP. “The thing is that you really think the media and information you get from Russian media, it is media. Which is wrong. We have state media, and state media are part of [the] strategy of [the state],” said Mustafa Nayyem, journalist turned Ukrainian member of parliament. Alternative facts are not facts, and false equivalences are not equivalent. But consumers of Russian state-backed media around the globe can be duped into treating them as such, Nayyem said. He argued Russia presents reality and a bold-faced lie as though they are but two different perspectives, the truth of which lies somewhere in the middle, for viewers to decide for themselves. “We know that [Sentsov] never was involved in some attacks, or in some revolution, in terroristic things. He’s a filmmaker, and his movies are recognized internationally. The lie is that this guy was a terrorist, and no one even tried to understand the basis of this [accusation] … There is guy: a filmmaker, and a terrorist. What is true? They think that maybe he’s some filmmaker-terrorist. It’s insane.” Nayyem ardently believes those who want to protect freedom of media and speech need to build up conventions regulating what are accepted as media outlets and news. But there’s a thin line between banning propaganda and furthering censorship and repression. Russia’s independent Dozhd (TV Rain), for example, was recently banned in Ukraine for reporting that Crimea is part of Russia. “Recent democratic gains have bolstered media freedom overall,” the Freedom House report states, “but restrictions on Russian outlets and attempts to foster ‘patriotic’ reporting raise questions about the government’s commitment to media autonomy.” And besides, even Ukrainians, more prepared for Russian media influence than their western counterparts, are not entirely immune. “The Russian media are much better funded” than their Ukrainian counterparts, Kaplan said, and it takes time and resources to counter reports put out by the Russian state-backed media machine. “Even my Ukrainian friends who live in Kiev, after watching two hours of Russian TV, start to question themselves. ‘Am I a fascist?’” Kaplan does not, at present, see much reason for optimism. While it was a bad week for reports on the state of Russian media, it was inevitably a much worse week for those trying to correct or improve it. “Journalism in Russia is dead. It happened quite a while ago,” Kaplan said. “There are small islands of freedom of speech in Russia,” she said, but they aren’t on TV, and they aren’t available to those who don’t know how to access certain sites. Besides, she said, the sophisticated propaganda machine will figure out how to move onto the internet, too. “Russian journalists face the biggest challenge. Their job is simply to survive.” Hanging in the air is the idea that, at present, surviving is actually journalism’s job, too.

  • Oleg Sentsov and Russia's Human Rights Violations against Ukrainian Citizens

    On April 27, the U.S. Helsinki Commission held a briefing focusing on human rights violations against Ukrainian citizens. In particular, this hearing was used as a platform to raise awareness for Oleg Sentsov, a political prisoner being held in Siberia. Sentsov was honored by PEN America this year with their 2017 Freedom to Write award for his work exposing Russian human rights violations. Panelist included Natalya Kaplan, cousin of Oleg Sentsov and campaigner for his freedom, and journalist in Kiev; Mustafa Nayyem, Member of Ukrainian Parliament and former journalist and early organizer of the 2013 Euromaidan protests; and Halya Coynash, spokesperson for Kharkiv Human Rights Protection Group. The panelists provided much context and background detailing Sentsov and others’ cases. Natalya Kaplan spoke to the audience about the terrible conditions her cousin faces in Siberia, including torture, while Mustafa Nayyem spoke about the need to pressure Russia publically to end these human rights abuses. Halya Coynash reminded the audience of the severity of this case by highlighting that Sentsov was the first Ukrainian to be so brazenly imprisoned after the Russian occupation of Crimea; in her eyes, this was the first time the full force of Russian government had been used to fabricate charges and host a show trial against a Ukrainian. The panelists agreed that the media freedom situation in Russian-occupied territory is dire and only growing worse. Of greatest concern was the length to which Russia is willing to go in their efforts to arrest and prosecute journalists. Russia also sets a dangerous precedent with its recent attempts to foist Russian citizenship onto Ukrainians in Crimea, in efforts to undermine international court rulings and give legitimacy to its actions. When it comes to monitoring the human rights situation in Ukraine, the panelists expressed concerns with the lack of access to political prisoners and the inability to target individual Russians involved in creating the sham trials. The panelists believed that the ability to target individuals involved in these trials would be extremely helpful in de-escalating the situation, and they made many references to the Magnitsky Human Rights Accountability Act. Overwhelmingly, the response to these issues was a desire to work with Congress to strengthen and update the Magnistky Act, as well as broaden civil society and NGO engagment. Mustafa Nayyem expressed hope that NGOs, such as PEN America, would play a more pivotal role in helping prevent future repression. News articles following the briefing expressed hope that there would be work within Congress to better address issues involving Ukrainian political prisoners.

  • Death of OSCE Monitor in Eastern Ukraine

    Mr. President, I was saddened to learn that an American member of the OSCE Special Monitoring Mission to Ukraine was killed this past weekend by a landmine. Joseph Stone was carrying out his dutiesin territory controlled by Russian-backed separatists. Two other members of the team—one from the Czech Republic and another from Germany—were injured. The Organization for Security and Cooperation in Europe controls these monitoring teams. They are comprised of unarmed civilians. The mission has been in the region since 2014, when, unfortunately, Russian-backed troops invaded Crimea. Had Russia lived up to the Minsk agreements and ceased supporting, directing, funding, and fueling separatists in this region, there would have been no need for the mission to continue. Sadly, that is not the case. This particular special monitoring mission currently fields roughly 700 monitors, with 600 of them in Donetsk and Luhansk. Those who are part of this mission are unarmed civilians. They serve as the eyes and ears for the world in the conflict zone. They report on the near-constant violations of the cease-fire, as well as reporting on humanitarian needs of the population. They play an essential role in the understanding of the situation on the ground, often under extremely difficult circumstances and, certainly, as we have seen with Joseph Stone, dangerous circumstances. As a member of the Armed Services Committee, I often hear from our top military leaders about the importance of the OSCE and the work being done by the special monitoring missions. In late March, for example, during a hearing of the Armed Services Committee, General Curtis M. Scaparrotti, commander of the U.S. European Command and Supreme Allied Commander in Europe, called attention to the good work of OSCE in the region and the work of the monitoring missions. He confirmed in his testimony that ‘‘Russia is directing combined Russian-separatist forces to target civilian infrastructure and threaten and intimidate OSCE monitors in order to turn up the pressure on Ukraine.’’ He also said, ‘‘Russian-led separatist forces continue to commit the majority of ceasefire violations despite attempts by the OSCE to broker a lasting ceasefire along the Line of Contact.’’ The tragic death of American Joseph Stone underscores the need for the OSCE monitors to have unfettered access across the front lines and across the border regions controlled by the separatists. This unfortunate tragedy is a result of this access not being granted. I commend the Austrian Foreign Minister, who serves as OSCE chair-in-office, for calling attention to this tragedy and calling for an immediate investigation into these events. Those who are responsible for the death of Joseph Stone and the injury of the two other monitors should be held accountable. Joseph Stone died serving his country by serving as a part of this international effort, and I extend my condolences this evening to his family and friends. I once again call on the Russian leadership to put an end to the cycle of violence and to live up to its OSCE commitments. As chairman of the Helsinki Commission, the U.S. part of the OSCE Parliamentary Assembly, I think it is important for Members of the Senate and for Americans to understand the important role that Americans are playing in this effort.

  • Background: OSCE Special Monitoring Mission in Ukraine

    By Alex Tiersky, Global Security and Political-Military Affairs Advisor On April 23, 2017, the OSCE announced that a U.S. paramedic serving in the OSCE Special Monitoring Mission in Ukraine had been killed when his vehicle struck an explosive – likely a landmine – in separatist controlled territory in eastern Ukraine. Two other SMM personnel, from Germany and the Czech Republic, were also injured in the incident. What is the OSCE SMM? The Organization for Security and Cooperation in Europe (OSCE)’s Special Monitoring Mission (SMM) in Ukraine was established in 2014, to monitor implementation of the Minsk agreements designed to bring peace to eastern Ukraine. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia and Ukraine.  Currently fielding roughly 700 monitors, nearly 600 of whom are in Donetsk and Luhansk regions, the SMM is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. The Mission has some notable achievements, including regular reporting on the near-constant ceasefire violations, as well as the humanitarian needs of the population struggling in the conflict zone.  It has also sought to bring the sides together on weapons withdrawals and demining, as well as working towards agreements to fix power and water lines in the conflict area. However, Mission personnel face regular and sometimes violent harassment by combined Russian-separatist forces, who seek to limit the SMM’s access to the areas they control.  The attacks have made the environment in which Mission personnel operate increasingly volatile and dangerous, a fact tragically underlined by the incident on April 23.  In addition to this harassment, the SMM has faced limits imposed by the Russian-backed separatists including denial of access to the Ukrainian-Russian border, as well as jamming or downing of the OSCE’s unmanned aerial vehicles, critical tools for maintaining a clear operational picture. What is the U.S. Position? The United States supports the SMM and its monitors by providing personnel (roughly 75 Americans, making it the largest national contributor) and resources to the mission. The U.S. also supports the SMM by pushing Russia to end the separatists’ obstructions.  Since the April 23 incident, the U.S. has reiterated its call for full implementation of the Minsk Agreements, particularly by the Russian-led separatist forces who are most responsible for the threats to the SMM.  The U.S. has pushed for the sides to move towards a real and durable ceasefire, withdrawal of heavy weapons, and disengagement from the line of contact, as well as safe, full, and unfettered access throughout the conflict zone for the SMM monitors. The U.S. Helsinki Commission has consistently upheld Ukrainian sovereignty and territorial integrity, including through support of the efforts of the SMM in Ukraine, and called for full implementation of the Minsk Agreements, in particular underlining Russia’s responsibility in ensuring that the separatists make verifiable and irreversible progress on the implementation of the Minsk agreements. The latest incident must not only be fully investigated; it is a reminder of the urgent need for progress on full implementation of the Minsk Agreements, including a cease-fire and withdrawal of weapons.  

  • Chairman Wicker on Death of OSCE Monitor in Eastern Ukraine

    WASHINGTON—Following the death yesterday of a U.S. paramedic serving in the OSCE Special Monitoring Mission (SMM) in Ukraine when his vehicle struck an explosive – likely a landmine –  in separatist-controlled territory in eastern Ukraine, Helsinki Commission Chairman Senator Roger Wicker spoke on the Senate floor this evening to condemn the incident; express his condolences to the family of the victim, Joseph Stone;  and call for the Russian government to end the cycle of violence that resulted in yesterday’s tragedy. “Had Russia lived up to the Minsk agreements, and ceased supporting, directing, funding, and fueling separatists in this region, there would have been no need for the [monitoring] mission to continue,” Senator Wicker said. “[The monitors] play an essential role in the understanding of the situation on the ground, often under extremely difficult circumstances…the tragic death of American Joseph Stone underscores the need for the OSCE monitors to have unfettered access across the front lines and across the border regions controlled by the separatists,” he continued. “I commend the Austrian foreign minister, who serves as OSCE Chair-in-Office, for calling attention to this tragedy and calling for an immediate investigation into these events. Those who are responsible … should be held accountable. Joseph Stone died serving his country by serving as a part of this international effort, and I extend my condolences this evening to his family and friends. I once again call on Russian leadership to put an end to the cycle of violence and to live up to its OSCE commitments,” Senator Wicker concluded. The SMM was established in 2014 to monitor implementation of the Minsk agreements designed to bring peace to eastern Ukraine. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine. Currently fielding roughly 700 monitors, nearly 600 of whom are in Donetsk and Luhansk regions, the SMM 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 United States supports the SMM and its monitors by providing roughly 75 personnel and other resources to the mission.

  • Helsinki Commission To Hold Briefing on Russia’s Human Rights Violations against Ukrainian Citizens

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the following briefing: OLEG SENTSOV AND RUSSIA’S HUMAN RIGHTS VIOLATIONS AGAINST UKRAINIAN CITIZENS Thursday, April 27, 2017 3:00 PM Senate Visitors Center (SVC) Room 210 In May 2014, Ukrainian filmmaker Oleg Sentsov – an outspoken opponent of Russia’s takeover of his native Crimea – disappeared from his hometown of Simferopol only to resurface in Russian custody in Moscow. Convicted on charges of terrorism that the human rights community has condemned as fabricated, Sentsov is now serving a 20-year sentence in a Siberian penal colony. His case not only stands as a marker for Russia’s reach in silencing dissent abroad, but also illuminates broader issues of Russia’s illegal occupation of Crimea and Eastern Ukraine, and human rights violations against Ukrainian citizens. The Helsinki Commission briefing will present three perspectives on this disturbing situation and its broader context: from Sentsov’s cousin and chief champion; from a human rights defender investigating cases in the region; and from a member of the Ukrainian parliament. The following panelists are scheduled to participate: Natalya Kaplan, cousin of Oleg Sentsov and journalist in Kiev Mustafa Nayyem, Member of Ukrainian Parliament; former journalist and early organizer of the 2013 Euromaidan protests Halya Coynash, Spokesperson, Kharkiv Human Rights Protection Group

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