Title

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The OSCE 2011 Human Dimension Implementation Meeting
Monday, December 26, 2011

By Erika B. Schlager, Counsel for International Law

Overview

From September 26 to October 7, 2011, the OSCE participating States met in Warsaw, Poland, for the annual Human Dimension Implementation Meeting (HDIM). The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights, according to an agenda approved by consensus of all 56 participating States.

The HDIM is Europe’s largest annual human rights gathering and provides a venue for participating States and non-governmental organizations (NGOs) to review the implementation of the full range of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda.

In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. In 2011, those subjects were: 1) “Democratic elections and electoral observation,” 2) “Freedom of movement,” and 3) “Enhancing implementation of OSCE commitments regarding Roma and Sinti.”

U.S. Delegation

The U.S. Delegation was headed by Ambassador David Johnson. Other members of the delegation included Ambassador Ian Kelly, Head of the U.S. Mission to the OSCE; Ambassador Cynthia Efird, Senior State Department Advisor to the Helsinki Commission; Ambassador Suzan Johnson Cook, Ambassador-at-Large for International Religious Freedom; and Deputy Assistant Secretary of State for the Bureau of Democracy, Human Rights, and Labor Thomas Melia. Helsinki Commission staff participated in all aspects of the delegation’s work.

Patrick Merloe, National Democratic Institute, Kathleen Newland, Migration Policy Institute, and Ethel Brooks, Rutgers University, served as Public Members of the delegation, addressing democratic elections, freedom of movement, and the situation of Romani people in the OSCE region respectively. Public Members have traditionally been included in U.S. delegations to OSCE human dimension meetings as a means of bringing special expertise to the U.S. delegations and to promote greater knowledge of the OSCE process in civil society.

Highlights of This Year’s Meeting

The severe crackdown in Belarus which followed elections last December was a focus of attention throughout the two-week meeting, both in formal sessions and special side events. During the final session, the United States delivered a statement focused on the use of the Moscow Mechanism regarding Belarus -- an OSCE tool used in exceptional circumstances to conduct fact-finding regarding extreme human rights concerns. The mechanism had been invoked in April by 14 participating States and a report was presented to the OSCE Permanent Council by the Mechanism Rapporteur, Professor Emmanuel Decaux, on May 28. NGOs also demonstrated throughout the meeting on behalf of Belarusian political prisoner Alex Bielatskiy.

The United States also raised issues which remain unresolved following the 2003 invocation of the Moscow Mechanism regarding Turkmenistan. In particular, Ambassador Johnson drew attention to the continued disappearance of Ambassador Batyr Berdiev, the former representative of Turkmenistan to the OSCE. Although Turkmenistan officials did not to participate in the HDIM, human rights groups concerned with Turkmenistan were present and members of the opposition-in-exile made a statement expressing their willingness to return to Turkmenistan and participate in the February 2012 presidential elections. They also called for the OSCE to conduct a full election observation mission for those elections.

In its opening statement, the United States observed that Kazakhstan had failed to fully implement the commitments on domestic reform it had made in 2007 in Madrid upon receiving the Chairmanship for 2010, that leading human rights activist Yevgeniy Zhovtis remained in prison as a result of a trial that lacked due process, that Kazakhstan had adopted measures in a one-party parliament giving the current president continued power and immunity from prosecution for life and had held a poorly-conducted snap presidential election following an attempt to push through a referendum to obviate future elections for the incumbent. Although Kazakhstan protested the U. S. characterization of 2010 as “a year of missed opportunities for reform,” Kazakhstan’s adoption of a new restrictive religion law during the course of the human dimension meeting illustrated the very point the United States was making.

In fact, of the topics restricted to three-hour sessions, the subject of religious liberties was the most oversubscribed, with Kazakhstan’s new religion law generating particular criticism. As at previous meetings, the allocation of time during the meeting was highly problematic, with speaking time at some of the sessions limited to only one or two minutes to accommodate dozens desiring the floor, while other sessions ended early with time unused.

Other real-time developments during the HDIM also found their way into discussions. Following the outbreak of fighting on September 27 at a Kosovo border crossing with Serbia, Serbian representatives at the meeting engaged in a sharply worded exchange with Albanian officials. (Serbia's engagement at the meeting was of particular note in light of Belgrade's bid to serve as OSCE Chair-in-Office in 2014.) The outbreak of anti-Roma rioting in every major Bulgarian town or city during the HDIM underscored the urgency of addressing the chronic human rights problems affecting Roma as well as the acute and escalating crises.

Many participants also raised concern regarding continuing human rights abuses against ethnic Uzbeks in southern Kyrgyzstan in the wake of widespread violence last year and in advance of Kyrgyzstani elections in October. During the formal sessions, NGOs demonstrated on behalf of Kyrgyzstani political prisoner Azhimzhon Askarov.

The United States engaged fully in all aspects of the meeting, holding bilateral meetings with other OSCE participating States and extensive consultations with NGOs. The United States also organized two side events. The first focused on on the Hague Convention on the Civil Aspects of International Child Abduction. Professor Louise Teitz from the Hague Permanent Bureau (an intergovernmental organization that administers this and other Hague Conventions), and Corrin Ferber from the Department of State, made presentations, with additional comments provided by Consul General Linda Hoover, U.S. Embassy Warsaw. The second event focused on fundamental freedoms in the digital age. DAS Thomas Melia moderated the discussion, which included comments by the OSCE Representative on Freedom of the Media, Dunja Mijatovic; Agata Waclik-Wejman, policy counsel for Google; and Nataliya Radzina, a Belarusian journalist who faces a lengthy prison sentence in Belarus.

Conclusions

The Human Dimension Implementation Meeting served as an important forum for the United States to raise issues of concern, both formally and informally, and to hold extensive consultations with governments, OSCE officials, and representatives of civil society. That said, this year's HDIM was somewhat diminished relative to past meetings.

First, member states of the European Union appeared divided or preoccupied (or both). As a consequence, on a number of subjects – for example, the session that included migrant workers, refugees, and displaced persons -- there was neither a coordinated European Union statement nor statements by individual EU member states speaking in their national capacity. This voice was missed.

Second, the level of participation on the part of governments as well as civil society was reduced. This may be in part due to economic factors. But it may also reflect other factors. Prior to the HDIM, for example, Belarus and Russia dragged out the adoption of an agenda until the last possible moment, making it especially hard for NGOs to plan their participation. In addition, OSCE has, in recent years, scheduled so many human dimension meetings throughout the year that it is difficult for government and non-governmental experts to cover them all. (In addition to the discussion of tolerance and non-discrimination at the HDIM, those issues have been or will be addressed at three different ad hoc meetings, as well as one of the Supplementary Human Dimension Implementation Meetings.) The Lithuanian Chairmanship also scheduled some meetings in Vienna during the HDIM, although the modalities call for all Vienna meetings to be suspended during the HDIM to facilitate participation by the representatives to the OSCE. Similarly, the OSCE Parliamentary Assembly fall meeting overlapped with the final sessions of the HDIM.

In fact, the modalities for the OSCE's human dimension activities were a dominant theme during the HDIM's closing session -- presaging the opening of discussions in Vienna on that issue held immediately after the HDIM at the insistence of Belarus. While many governments, including the U.S., believe the way in which the OSCE organizes its human dimension activities could be improved, the discussions themselves risk being held hostage by those countries inimical to the OSCE's human rights work.

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

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

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

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

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

  • Helsinki Commission Workshop to Explain Global Magnitsky Sanctions Process

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

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

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

  • Boris Nemtsov: 1959-2015

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

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

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

  • Chairman Wicker Urges Bosnia to Curb Corruption

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

  • The Russian Doping Scandal

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

  • Nemtsov Murder Investigation Under Scrutiny at Upcoming Helsinki Commission Hearing

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

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