Chairman Cardin on Doping Scandal At 2022 Winter Olympics in BeijingFriday, February 11, 2022
WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) released the following statement: “The latest Russian doping scandal in Beijing is exactly why we passed the Rodchenkov Anti-Doping Act. Doping is corruption. It defrauds clean athletes and honest sponsors, and insults the spirit of international competition. “Putin—like other strongmen—regularly uses corruption as a tool of foreign policy. The Olympics are no exception. I call on the U.S. Department of Justice to investigate all alleged doping crimes during the Beijing Olympics and hold the perpetrators responsible under the Rodchenkov Act.” The Rodchenkov Anti-Doping Act, which became law in December 2020, criminalizes doping in international sport. In January 2022, the Federal Bureau of Investigation announced the first charges filed under the Rodchenkov Anti-Doping Act for a doping scheme at the Tokyo Olympics.
Helsinki Commission Briefing to Examine Intersection Between Foreign Policy and Human Rights in TurkeyThursday, February 10, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: CONFLICT OF INTEREST? Foreign Policy and Human Rights in Turkey Wednesday, February 16, 2022 11:00 a.m. Register: https://bit.ly/3Je5Ck4 Turkey is at a crossroads. Even as the Turkish Government insists that it remains committed to its NATO partners and to future EU integration, its actions—both foreign and domestic—call those promises into question. Turkey has been a steadfast supporter of Ukraine and Turkish officials have announced plans to normalize relations with Armenia and moved to restore ties with several Middle Eastern countries, including Egypt and Israel. At the same time, the government has reiterated its commitment to the use of Russian military equipment, eroding relations with the United States and other members of NATO. Despite being a founding member of the Organization for Security and Cooperation in Europe (OSCE), Turkey is struggling to live up to the principles of respect for fundamental freedoms outlined in the Helsinki Final Act. A record number of Turkish journalists are behind bars. The failure of the Turkish government to comply with a ruling of the European Court for Human Rights on the case of Osman Kavala paved the way for the country’s potential expulsion from the Council of Europe, and thousands of others arrested following the attempted 2016 coup also languish in prison on dubious charges. The briefing will investigate the intersection of Turkey’s OSCE and NATO commitments related to human rights and security, and its domestic policies that fail to hold true to these principles. Panelists also will explore practical policy recommendations to help Turkey overcome this disconnect. The following panelists are scheduled to participate: Soner Cagaptay, Director, Turkish Research Program, Washington Institute for the Near East Deniz Yuksel, Turkey Advocacy Specialist, Amnesty International
Helsinki Commission Marks One-Year Anniversary of Navalny’s ImprisonmentFriday, January 14, 2022
WASHINGTON—Ahead of the one-year anniversary of Alexei Navalny’s arrest on January 17, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following statements: “In the past year, while Alexei Navalny has remained unjustly imprisoned, the Kremlin has doubled down on its absurd persecution of his anti-corruption organizations as ‘extremist,’” said Chairman Cardin. “Nevertheless, Mr. Navalny’s colleagues, friends and allies, in the face of grave threats, continue to risk their own freedom to expose Putin’s thuggery across Russia.” “Putin would not have gone to the trouble to imprison Alexei Navalny unless he perceived a serious threat to his power,” said Co-Chairman Cohen. “Mr. Navalny and his team across Russia were instrumental in revealing the ill-gotten gains of Putin and his cronies. This tells you all you need to know about why they are a target.” “During his imprisonment, Alexei Navalny has used his own suffering to call attention to the plight of the hundreds of other political prisoners in Russia,” said Sen. Wicker. “We have not forgotten him or others who are persecuted for their beliefs, and we look forward to a Russia in which they finally are free.” “Despite the Kremlin’s attempts to push Alexei Navalny out of public view and prevent him from challenging Putin, we will not stop calling for his release,” said Rep. Wilson. “Russians who challenge Putin should not have to fear for their safety in their own country.” In August 2020, Alexei Navalny was the victim of an assassination attempt by the FSB that used a Russia-developed chemical weapon in the Novichok family. He spent months recovering after being flown to Berlin for treatment. Navalny returned to Moscow on January 17, 2021, and was arrested at the airport. In February, a Russian judge sentenced Navalny to three and a half years in a prison colony for violating the terms of a suspended sentence related to a 2014 case that is widely considered to be politically motivated. Previous time served under house arrest reduced his prison time to two years and eight months. In June, the Moscow City Court ruled that Alexei Navalny’s Anti-Corruption Foundation and its regional networks would henceforth be considered “extremist” organizations, essentially outlawing these groups and criminalizing their activity. In September, Russian authorities opened a new probe against Navalny and his closest associates for creating and directing an “extremist network.” This, combined with other ongoing criminal investigations, could lead to additional jail time for Navalny and threaten those associated with his organizations, many of whom have been forced to flee Russia.
Helsinki Commission Welcomes First Charges Under the Rodchenkov Anti-Doping ActThursday, January 13, 2022
WASHINGTON—Following the first charges filed under the Helsinki Commission’s Rodchenkov Anti-Doping Act for a doping scheme at the Tokyo Olympics, Helsinki Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), Ranking Member Rep. Joe Wilson (SC-02), and former Commissioner Rep. Michael Burgess (TX-26) issued the following statements: “Swift utilization of the Rodchenkov Anti-Doping Act is exactly what we hoped for with this legislation,” said Chairman Cardin. “I thank the U.S. attorneys and investigators who put in long hours of work pursuing this case. They understood the importance of cleaning up cheating and corruption in international sports, which often is a tool of autocratic governments. These first charges are only the beginning and serve as a very public part of the global anti-corruption strategy supported by the Biden administration and spearheaded by the Helsinki Commission for many years.” “I welcome this first enforcement action under the Rodchenkov Act and urge the Department of Justice to continue unraveling the corruption that infects international sport,” said Co-Chairman Cohen. “Sports should bring people together and celebrate achievement—they should not be an opportunity for fraud. My own GOLD Act would expand the Rodchenkov Act and I call on my colleagues to pass it swiftly.” “These charges are the culmination of years of work to hold administrators, doctors, and officials accountable for their role in corrupting international sport,” said Sen. Wicker. “They demonstrate that our new approach is working. I thank the public servants at the U.S. Department of Justice and urge them to continue their efforts to enforce this critically important law.” “Dictators and their cronies interfere in everything we hold dear, including sports. They view victory in international sport as a way to trumpet the greatness of their oppressive systems. Cheating in sports is part of their foreign policy,” said Rep. Wilson. “With the Rodchenkov Act, we are holding these corrupt networks to account. I applaud the Department of Justice for prosecuting fraudsters at the Tokyo Olympics and call on them to do the same in Beijing.” “From a young age, professional athletes dedicate themselves to becoming the best in their sport. For those skilled enough to make it to the Olympics, their efforts should not be tainted by doping schemes,” said Rep. Burgess. “Yesterday’s charges provide hope to those that have been defrauded. They would not have been made possible without the Rodchenkov Anti-Doping Act. I worked to enact this law to maintain sport integrity and keep all American athletes safe and protected from fraud. Further, yesterday’s action is a win for athletes such as Katie Uhlaender, whose moving testimony spurred Congress into action. I hope that yesterday’s charges are only the beginning of combatting fraud in international sport competition.” “This is exactly the kind of action we hoped for following the enactment of this groundbreaking anti-doping legislation,” said Dr. Grigory Rodchenkov, the former head of Moscow’s anti-doping laboratory and the Russian whistle-blower after whom the law is named. “We are grateful to United States Attorney Damian Williams for taking this monumental first step toward restoring the Olympic games to their role as a cherished forum for nations to convene in the spirit of peace, fairness and cooperation. We cannot continue to allow corrupt states and the overlords of sport commerce to exploit our athletes and traditions of peace to advance the economic and geopolitical interests of the few. Yesterday's action is entirely appropriate and puts real teeth into anti-doping enforcement, while also setting an example of international cooperation and fair play for future generations.” The Rodchenkov Anti-Doping Act, which became law in December 2020, criminalizes doping in international sport. In July 2021, the Helsinki Commission hosted a hearing on the enforcement of the Rodchenkov Act at the Tokyo Olympics. Earlier that year, Dr. Rodchenkov spoke out publicly for the first time about the impact of the Rodchenkov Anti-Doping Act on a Helsinki Commission podcast, calling it a “game-changer.” On Wednesday, the New York Field Office of the Federal Bureau of Investigation (FBI) announced the charges against Eric Lira, who they allege “obtained various performance enhancing drugs (‘PEDs’) and distributed those PEDs to certain athletes in advance of, and for the purpose of cheating at, the 2020 Olympic Games held in Tokyo in the summer of 2021.”
Helsinki Commission Calls for Peaceful Solution in KazakhstanThursday, January 06, 2022
WASHINGTON—In response to the violent clashes between protesters and authorities in Kazakhstan, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “We are deeply concerned about the situation in Kazakhstan and condemn the violence that has accompanied widespread protests across the country. The reported deaths of both protesters and police are extremely disturbing. “We call on President Tokayev and Russian troops not to use disproportionate force against protesters. At the same time, we call on protesters to cease any violent attacks against police, public buildings, or private property. “We urge both sides to find a peaceful way to resolve this crisis. We also urge President Tokayev to ensure respect for human rights, especially freedom of the media and the right to due process for those who have been arrested in connection with the protests.” A wave of protests began on January 2 in the western part of the oil- and gas-rich country in response to a sharp increase in the price of liquefied petroleum gas (LPG). The unrest spread quickly to other parts of Kazakhstan and grew increasingly violent. Authorities deployed tear gas and stun grenades against protesters and blocked internet access in an effort to quell the unrest, while demonstrators attacked government offices. There are reports of deaths among both law enforcement and protesters, as well as of widespread looting. Kazakhstani President Kassym-Jomart Tokayev declared a nationwide state of emergency on January 5, accepted the resignation of his cabinet, and reduced LPG prices, but protests continued. The Collective Security Treaty Organization (CSTO), a security alliance among select former Soviet states including Russia, is sending Russian troops at the request of President Tokayev. The impact of the COVID-19 pandemic has exacerbated already strained economic and social disparities, and demonstrators are demanding increased political liberalization and accountability for government corruption. OSCE observers concluded that the 2021 parliamentary elections “lacked genuine competition” and underscored the need for political reform.
Helsinki Commission Welcomes Passage of Trap Provision in 2022 National Defense Authorization ActWednesday, December 15, 2021
WASHINGTON—Helsinki Commission Chairman Sen. Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) today welcomed the passage of the Transnational Repression Accountability and Prevention (TRAP) provision as part of the National Defense Authorization Act (NDAA) for Fiscal Year 2022. “By co-opting and undermining the rule of law to harass and intimidate dissidents and political opponents, corrupt regimes threaten our national security,” said Chairman Cardin. “Our provision will make it U.S. policy to fight exploitation of INTERPOL, including by naming and shaming member states that abuse its mechanisms. This amendment will protect the United States, our allies, and all those fighting or fleeing authoritarian regimes from extraterritorial and extrajudicial abuse.” “We’ve seen time and again how corrupt dictators take advantage of INTERPOL to intimidate and harass those who expose their immoral deeds, even after they have fled their homes and their country in search of safety,” said Co-Chairman Cohen. “The TRAP provision will protect these dissidents and ensure that our own institutions are not used against us—or them.” “There is no reason for any democracy, especially the United States, to be forced to play a part in authoritarian regimes’ blatant abuse of INTERPOL Red Notices,” said Sen. Wicker. “I am pleased Congress has taken action to name publicly the abusers, such as Russia and China, and prevent American law enforcement from having to do the dirty work of these repressive autocrats.” “INTERPOL should enable us to crack down on criminals worldwide,” said Rep. Wilson. “Instead, the criminals have taken over the institution, using it to target those who oppose them. The TRAP provision will protect the United States from this abuse and ensure that we do everything we can to restore the rule of law to INTERPOL.” “Increasing transparency and accountability at INTERPOL underscores the bipartisan commitment of the United States Senate to push back against countries, large or small, seeking to distort legitimate law enforcement cooperation to instead pursue political opponents or personal vendettas,” said Sen. Bob Menendez (NJ), Chairman of the Senate Foreign Relations Committee. “This new provision will strengthen protections for human rights defenders, political dissidents, and journalists, and pave the way for the international community to join the United States in pressing for reforms and standing against the abuse of INTERPOL Red Notices by China and Russia, among others.” The Transnational Repression Accountability and Prevention (TRAP) Act was introduced in 2021 in the Senate by Sen. Wicker and Chairman Cardin and in the U.S. House of Representatives by Co-Chairman Cohen and Rep. Wilson. The legislation makes fighting abuse of INTERPOL a key goal of the United States at the organization, mandates that the United States name the worst abusers of INTERPOL and examine its own strategy to fight INTERPOL abuse, and protects the U.S. judicial system from authoritarian abuse.
The Centrality of the Battle Against Corruption in the Democracy SummitThursday, December 09, 2021
Mr. CARDIN. Mr. President, I rise today--on International Anti-Corruption Day, as declared by the United Nations--to speak about the Democracy Summit that President Biden is convening today and tomorrow, to which government leaders from 110 countries have been invited. It will also include a range of leading civil society actors, business and labor leaders, civic educators and investigative journalists, philanthropists, and nonprofit leaders as speakers and participants. Undeterred by the Coronavirus pandemic, the Biden administration has organized a global virtual gathering with participants tuning in from six continents. It is an ambitious, even audacious, undertaking. And it comes at a critical time, as the world is now 15 years into a global democratic recession, according to the well-respected watchdog organization Freedom House. In its widely cited annual survey of freedom, it has reported that, in each of the past 15 years, more countries have seen their democracy scores decline than the number of countries whose scores have improved. And last year, during the height of the global pandemic, nearly 75 percent of the world's population lived in a country that saw its democracy score deteriorate last year. For a President who has pledged to put democratic values at the heart of American foreign policy, it is fitting and proper that he should convene the democratic leaders of the world and other relevant parties to plan the revitalization of global democracy. Of course, readers of the annual Freedom House assessment will know that there are not 110 well-functioning, effective democracies in the world and that way too many poorly performing nominal democracies have been invited to this gathering, thus diluting its character. While some conspicuously back-sliding countries, like Hungary and Turkey, have not been invited, there are numerous back-sliding pseudo-democracies, including the current governments of the Philippines and Pakistan, the Democratic Republic of the Congo and Zambia, Bolsinaro's Brazil among others, that unfortunately have been included. Then there is India, which dropped from Free to Partly Free status in Freedom in the World 2021, which contributes significantly to the fact that 75 percent of the world's people last year resided in countries moving away from democracy. Yet the government of Prime Minister Narendra Modi, after its sustained crack down on critics during the past 2 years and the atrocious scapegoating of Muslims, who were disproportionately blamed for the spread of the virus and faced attacks by vigilante mobs, has been invited to the Democracy Summit. Members of the Senate will also know that there has been precious little information sharing with this body about the contours of the summit. There has been no discussion with us about the invitation list or the way forward from this week's summit, which I see as a missed opportunity for the Biden administration. On the other hand, I was proud to be able to participate in a side event convened last Friday morning by the House Democracy Partnership for a discussion with legislators from other countries about the important role that parliaments can and do play in leading their governments to address the enduring and universal problem of corruption. I want to congratulate Representative David Price of North Carolina for his leadership of that important initiative and for convening a productive international exchange of views last week in the run up to the President's gathering. One of the main take-aways from that webinar was that it is always incumbent on the legislatures of the world to press forward with laws that instruct and enable executive branch officials to elevate their work to combat corruption. This is the main topic of my intervention today, to discuss one of the hopeful aspects of the President's Democracy Summit, which is the central role that the battle against corruption is playing in the proceedings and to underscore the leading role that we in the Congress must take to compel further action from our colleagues in the executive branch. History tells us that they will likely not do so on their own. In fact, the history of anti-corruption laws in the United States is replete with fervent opposition from the executive branch, whether during Democratic administrations or Republican, to virtually every measure proposed in the Congress. This was true of the Foreign Corrupt Practices Act of 1977, which barred U.S. companies and their officials from paying bribes in foreign countries. The executive and the business community declared that this would end the ability of American corporations to do business around the world, which turned out not to be true, of course. Indeed, it became in due course a foundational element in the United Nations Convention Against Corruption--UNCAC--and other elements of the international architecture of the battle against corruption. Yet the executive has continued to oppose every measure introduced in Congress to address kleptocrats and human rights abusers, including the original Sergei Magnitsky Rule of Law Accountability Act of 2012 and its successor, the Global Magnitsky Human Rights Accountability Act of 2016. This is especially ironic because, since the enactment of the 2016 law, both Republican and Democratic administrations have been utilizing the law frequently and to good effect. Indeed, today, Secretary of State Tony Blinken announced that--on the occasion of International anti-Corruption Day--the Department of State has designated 12 individuals from 7 countries for significant corruption and also named another 18 family members. In five of the designations, the Treasury Department has invoked Global Magnitsky sanctions for their roles in corruption. The Democracy Summit is being built around three principal themes: defending against authoritarianism, promoting respect for human rights, and fighting corruption. Corruption is the means and the method for kleptocratic rulers around the world to steal from their own people and to stash their wealth in safe havens, most often in the democratic Western world. This is directly and intimately connected to the undermining of the rule of law and the repression of human rights in these same countries--which is why I was so pleased to see that, on June 3 of this year, President Biden declared the fight against corruption to be “a core national security interest.” And he directed his National Security Advisor to develop a comprehensive strategy to address the problem. Accordingly, earlier this week, in the run-up to the Democracy Summit, the White House published the first “United States Strategy on Countering Corruption.” The strategy is a 38-page document that describes several major lines of effort in the new strategy. Among the document's commitments are pledges to crack down on dirty money in U.S. real estate, to require certain gatekeepers to the U.S. financial system such as attorneys, accountants, and investment advisers to perform greater due diligence on their prospective clients, and to make it a crime for foreign officials to solicit or accept bribes from U.S. companies. If this strategy is matched with appropriate resources, it has the power to fundamentally change the calculus for kleptocrats and redirect stolen funds back to the original problems they were meant to fund such as fighting the pandemic, countering the effects of climate change, funding economic development and opportunity. We in the Congress can do our part by passing pending legislation that would further strengthen the hand of the U.S. Government in this effort. While there are a number of valuable proposals pending, there are two that I suggest would be the most impactful and necessary. The first is the Combating Global Corruption Act, S. 14, which I introduced and was cosponsored by my Republican friend from Indiana, Mr. Young, which would create an annual global report, modeled in some ways on the Trafficking-in-Persons report, in which the State Department would assess how earnestly and effectively the governments of the world are living up to the commitments they have made in international treaties and covenants. The report would also place the countries of the world in 3 tiers, according to how well they are doing. And for those in the lowest performing tier, likely the governments that are actually kleptocracies, the bill asks that the executive branch assess government officials in those places for possible designation for Global Magnitsky sanctions. The second is the Global Magnitsky Human Rights Accountability Act, S. 93, which I introduced and was cosponsored by my Republican friend from Mississippi, Mr. Wicker, which would permanently reauthorize the existing Global Magnitsky framework and to widen the aperture of the law to encompass more bad actors and actions. Both these measures have been reported favorably and unanimously by the Senate Committee on Foreign Relations, and both are ready for final action by the Senate. As President Biden convenes the Democracy Summit today, with its major focus on the battle against corruption, it would be timely for the Senate to demonstrate our resolve as well. So I hope that my colleagues here in the Senate will agree in the coming days to adopt these two bills, so that we may take them to the House of Representatives, where they also enjoy bipartisan support, and get them onto the desk of President Biden during the coming year. Participating governments in the Democracy Summit, including the United States, are making commitments to strengthen their own democracies in the next 12 months, in advance of a second summit that is envisioned for next December. The American position will be enhanced if we have enacted these laws before then. Mr. President, I ask unanimous consent that selected excerpts of the “United States Strategy on Countering Corruption” be printed in the Congressional Record.
Uniting Against CorruptionTuesday, December 07, 2021
At a virtual kickoff event on December 7, leaders of the U.S. Caucus against Foreign Corruption and Kleptocracy, the EU Parliament Anti-Corruption Intergroup, and the UK All-Party Parliamentary Group on Anti-Corruption and Responsible Tax formally launched the Inter-Parliamentary Alliance against Kleptocracy. Members of the alliance are politicians leading the fight in their respective parliaments against corruption and kleptocracy. The launch immediately preceded President Joe Biden’s December 9 – 10 Summit for Democracy, where approximately 110 countries committed to fighting corruption and renewing democratic values. Helsinki Commission Chairman Sen. Ben Cardin (MD), who has championed anti-corruption efforts throughout Congress, welcomed the formation of the alliance at the kickoff event. The event began with opening remarks from Chairman Cardin, and then featured remarks from several other parliamentarians: U.S. Representatives Tom Malinowski (NJ-07) and Helsinki Commission Ranking Member Joe Wilson (SC-02); Members of the UK Parliament Margaret Eve Hodge (Barking) and Andrew John Bower Mitchell (Sutton Cornfield); and Members of the European Parliament Daniel Freund (Germany), Katalin Cseh (Hungary), and Lara Wolters (Netherlands). Helsinki Commission Senior Policy Advisor Paul Massaro moderated the discussion. Chairman Cardin traced the history of successful anti-corruption legislation in the United States. He touched on the Foreign Corrupt Practices Act of 1977, the Money Laundering Control Act of 1986, and the Global Magnitsky Act of 2016 as examples both of bipartisan cooperation and of U.S. leadership in the international fight against corruption. The next step, he said, is dealing with enablers. “These are the accountants, the lawyers, the financial advisers. They allow kleptocrats to be able to do their corruption through the use of rule of law of other countries,” he noted. Rep. Malinowski stressed the connection between corruption and authoritarianism: “Corruption is the reason for being for most authoritarian regimes. It sustains them. It profits them.” Nonetheless, he observed that corruption is also a vulnerability for such regimes, as citizens ultimately refuse to accept kleptocratic leaders. Rep. Malinowski then discussed the ENABLERS Act, which seeks to close loopholes that enable kleptocrats to hide their money. MP Hodge echoed the need to address the enablers of corruption, the structures “through which the world’s crooks and kleptocrats take their stolen money and let it disappear.” She then explained her push, along with MP Mitchell and others, for a public register of beneficial ownership to combat the role of property in UK money laundering. MP Mitchell further discussed the push for a public register of beneficial ownership, a particularly important policy as the UK “may be responsible for up to 40 percent of the money laundering that goes on in the world.” MP Freund continued the discussion of transparency, emphasizing that the European Parliament cannot see the final beneficiaries of EU-funded projects. He welcomed the possibility of working with the new U.S. administration and cited the success of the Magnitsky sanctions as an instance of effective U.S. leadership against kleptocracy and corruption. Rep. Wilson echoed MP Freund’s enthusiasm for cooperation, calling corruption “a bipartisan and cross-border problem” that requires cooperative solutions. Like Rep. Malinowski, he noted the link between corruption and authoritarianism and suggested that closing the loopholes available to authoritarian governments requires international cooperation. MP Cseh built on the previous discussion of authoritarianism, adding that corruption is inseparably linked with human rights abuses. “Autocrats and oligarchs oppress their people so that they can enrich themselves… and they are desperately holding onto power because they want to escape prosecution for corruption,” she said. She then drew on her experience as a Hungarian opposition politician to discuss the connection between corruption and democratic backsliding. MP Wolters delivered the final remarks of the event on the new state of the EU in light of Hungary’s democratic backsliding. “I don’t think the EU was ever designed with the idea that we would end up with strange bedfellows internally within our system,” he said. This breach in EU sanctity entails new problems as these “strange bedfellows” have access to funding meant improve the lives of EU citizens. The event concluded with questions from the audience. Chairman Cardin and Rep. Malinowski responded to question on the resources available to victims of corrupt and kleptocratic regimes, and MPs Freund and Cseh addressed the potential for proactive measures against interference by kleptocratic regimes in legislatures. The Inter-Parliamentary Alliance against Kleptocracy aims to build a transparent and accountable global financial system; promote government transparency, allowing for effective public oversight; disable transnational corrupt networks, while deterring the movement of dirty money into democracies; support the role of free media and journalists in exposing the risks from kleptocracy; and advocate for strong anti-corruption standards for public officials and their enforcement. Planned projects include coordinating targeted sanctions and public visa bans, synchronizing anti-money laundering frameworks, harmonizing cross-border investigations into grand corruption, and promoting robust anti-corruption ethics frameworks for public officials. Members of the Inter-Parliamentary Alliance against Kleptocracy subscribe to the principles that democratic states are based on the rule of law and must safeguard this system against the taint of corruption and illicit finance; that kleptocracy is an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy; and that kleptocracy poses the most profound challenge for democratic governance in the 21st century as it corrodes the rule of law from within.
Inter-Parliamentary Alliance Against Kleptocracy to Unite Political Leaders in Transatlantic Battle Against CorruptionFriday, December 03, 2021
BRUSSELS, LONDON, WASHINGTON—At a virtual kickoff event on December 7, leaders of the U.S. Caucus against Foreign Corruption and Kleptocracy, the EU Parliament Anti-Corruption Intergroup, and the UK All-Party Parliamentary Group on Anti-Corruption and Responsible Tax will formally launch the Inter-Parliamentary Alliance against Kleptocracy. Members of the alliance are politicians leading the fight in their respective parliaments against corruption and kleptocracy. The launch immediately precedes to President Joe Biden’s December 9 – 10 Summit for Democracy, where approximately 110 countries will commit to fighting corruption and renewing democratic values. Helsinki Commission Chairman Sen. Ben Cardin (MD), who has championed anti-corruption efforts throughout Congress, will welcome the formation of the alliance at the kickoff event. UNITING AGAINST CORRUPTION Launch of the Inter-Parliamentary Alliance against Kleptocracy Tuesday, December 7, 2021 11:00 a.m. ET Register: https://bit.ly/3IsbbvY “Countering corruption—a clear national security threat—is one of the three pillars of the upcoming Summit for Democracy. For me, it is an essential aspect of the meeting,” said Chairman Cardin. “It isn’t enough that the United States prioritizes the fight against corruption. To curb this global scourge, democracies must work together. I welcome the formation of the Inter-Parliamentary Alliance against Kleptocracy, which will help harmonize our approaches to countering corruption and closing our systems to dirty money.” The Inter-Parliamentary Alliance against Kleptocracy is an alliance of legislative groups committed to countering the threat of global corruption. The new alliance will focus on fighting kleptocracy, an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy. Because the fight against foreign corruption spans the globe, the alliance will enable members and staff to share perspectives and coordinate efforts to confront the growing threat of authoritarian corruption. The alliance will hold periodic events, sponsor informal roundtables and briefings with leading experts, and coordinate initiatives across borders. “Nothing gets under the skin of dictators more than democracies working together—and confronting corruption is the best way to align ourselves with public sentiment in their countries. This parliamentary alliance will help ensure that lawmakers from the world’s democracies are working together to pass and enact laws against amassing and hiding illicit wealth,” said Rep. Tom Malinowski (NJ-07), Co-Chair of the U.S. Caucus against Foreign Corruption and Kleptocracy. “Corruption is at the heart of all human rights abuse. Journalists are silenced and civil society is attacked because these individuals threaten to expose the corruption that underpins all strongmen,” said Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), a member of the U.S. Caucus against Foreign Corruption and Kleptocracy. “By uniting with our allies to root out corruption, we take aim at the very essence of authoritarianism. That is why the Inter-Parliamentary Alliance against Kleptocracy is so important. Corruption is global by nature. But if all democracies close their doors to it, we can succeed.” “Corruption is the new communism. It is the uniting force of dictators and the system they seek to export. And like communism, the USA needs to join together with its allies to defeat it. I am pleased to welcome the establishment of the Inter-Parliamentary Alliance against Kleptocracy, which will unite democratic allies against the corruption of Russian oligarchs, CCP princelings, Venezuelan thugs, and Iranian mullahs,” said Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02). “We have been seeing autocrats like Viktor Orbán successfully undermining European democracy for years from within, with increasing support from their experienced counterparts in Russia and beyond. If they close their ranks, all democratic parties need to do the same. This is not a fight that a single actor can win alone,” said MEP Daniel Freund of Germany, Co-Chair of the EU Parliament Anti-Corruption Intergroup. “Kleptocrats are destroying democracy and undermining the European Union. With this alliance we can stop European autocrats like Viktor Orbán and could be a powerful tool to influence not only national legislation but agreements on fighting corruption, transparency, accountability and criminal cooperation between the EU and the US. We should keep this alliance open for national lawmakers as well within the EU, allowing for example the devoted members of the Hungarian opposition parties also to join and commit themselves to such a noble cause. We have to fight together and we will fight together,” said MEP Katalin Cseh of Hungary, Member of the EU Parliament Anti-Corruption Intergroup’s leadership bureau. “Dirty money is at the root of many evils. From drug smuggling to terrorism, from money laundering to human trafficking, and from fraud to corruption. But if we can follow the money then we can start to put a stop to all manner of heinous crimes. That's why the launch of the Inter-Parliamentary Alliance on Kleptocracy represents a powerful moment as the world's democracies come together for the fight against illicit finance,” said UK MP Margaret Hodges, Chair of the All-Party Parliamentary Group on Anti-Corruption and Responsible Tax. “The movement of illicit finance is a global problem that requires a global solution. The harm caused to global security and democracy is facilitated by lack of coordination between different legislatures, and I am delighted to be part of the Inter-Parliamentary Alliance on Kleptocracy. I look forward to working with colleagues across the world to ensure that we give Kleptocrats nowhere to hide,” said UK MP Kevin Hollinrake, Vice Chair of the All-Party Parliamentary Group on Anti-Corruption and Responsible Tax. “It is not enough that America fight dictators – our friends and allies must also fight them. By working together to reject blood money, we can successfully deny dictators and their cronies access to our markets. I am thrilled about the formation of the Inter-Parliamentary Alliance against Kleptocracy. This international alliance of like-minded kleptocracy fighters will ensure that killers and thugs have no safe haven,” said Rep. Maria Elvira Salazar (FL-27), a founding member of the U.S. Caucus against Foreign Corruption and Kleptocracy. The Inter-Parliamentary Alliance against Kleptocracy aims to build a transparent and accountable global financial system; promote government transparency, allowing for effective public oversight; disable transnational corrupt networks, while deterring the movement of dirty money into democracies; support the role of free media and journalists in exposing the risks from kleptocracy; and advocate for strong anti-corruption standards for public officials and their enforcement. Planned projects include coordinating targeted sanctions and public visa bans, synchronizing anti-money laundering frameworks, harmonizing cross-border investigations into grand corruption, and promoting robust anti-corruption ethics frameworks for public officials. Members of the Inter-Parliamentary Alliance against Kleptocracy subscribe to the principles that democratic states are based on the rule of law and must safeguard this system against the taint of corruption and illicit finance; that kleptocracy is an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy; and that kleptocracy poses the most profound challenge for democratic governance in the 21st century as it corrodes the rule of law from within.
Chairman Cardin Calls for Release of Osman Kavala, Welcomes Council of Europe Infringement Proceedings Against TurkeyFriday, December 03, 2021
WASHINGTON—Following the recent ruling of a Turkish court that will keep philanthropist Osman Kavala jailed until his trial begins in January 2022 and the subsequent decision by the Council of Europe to begin infringement proceedings against Turkey, Helsinki Commission Chairman Sen. Ben Cardin (MD) issued the following statement: “Justice has been denied, once again, for Osman Kavala, whose only apparent crime is being a Turkish patriot. Despite earlier rulings from a Turkish court and the European Court of Human Rights requiring the state to release Mr. Kavala, Turkish authorities have already jailed him for more than four years—in clear violation of Turkey’s OSCE commitments. “The ongoing injustice against Mr. Kavala is not unique. Thousands of Turkish citizens have been victims of the arbitrary court system. It is welcome news that the Council of Europe will start infringement proceedings against Turkey. Although Turkey is an important NATO ally, its leaders repeatedly have failed to uphold its commitments to respect human rights and the rule of law. "I urge the Turkish government to comply with its international obligations and release Mr. Kavala.” Turkey’s failure to comply with the decision of the European Court of Human Rights, of which the country is a member, prompted the Council of Europe to start infringement proceedings. The process has been used only once before in more than seven decades of the organization’s history and may result in Turkey losing its voting rights or being excluded from the Council. Osman Kavala is a Turkish entrepreneur and philanthropist who has for decades supported civil society organizations in Turkey. In 1990, he contributed to the establishment of The Helsinki Citizens' Assembly, a democracy and human rights non-profit inspired by the Helsinki Final Act. In November 2017, Turkish authorities arrested Mr. Kavala, alleging that he attempted to overthrow the Turkish government. Mr. Kavala was acquitted of these charges in February 2020, only to remain in detention and be charged with a new offense in March 2020. The same month, the European Court of Human Rights ruled Mr. Kavala should be released from pre-trial detention. Domestic and international human rights watchdogs consistently report that the charges against Mr. Kavala are unsubstantiated and politically motivated. Recently, ambassadors from ten Western countries, including the United States, advocated for his release. These demands were rejected by the Government of Turkey. Mr. Kavala is a recipient of the 2019 European Archaeological Heritage Prize and the Ayşenur Zarakolu Freedom of Thought and Expression Award from the Human Rights Association’s Istanbul branch.
Dictators, Inc.Monday, November 22, 2021
Many American and other western corporations invest heavily in authoritarian regimes, particularly Russia and China. Such companies often claim that, thanks to their involvement, democratic values like human rights and the rule of law will spill over into dictatorships and transform them from within. Instead, they provide autocrats with new opportunities to both repress rights at home and exert influence abroad. On November 22, 2021 the Commission on Security and Cooperation in Europe hosted a briefing examining the interplay between western business and dictators, particularly as it concerns human rights abuse. Panelists discussed the recent Russian elections, where Google and Apple censored content at the behest of the Putin regime; corporate censorship and other abuse on behalf of the Chinese Communist Party; and options for policy responses. Vladimir Milov, a Russian opposition politician and economist, discussed how American companies like Google and Apple could be coerced into succumbing to the Russian government’s censorship demands. He noted that the situation isn’t all bad: Google and Apple had resisted past censorship requests by the Russian government. However, the removal of an app created by Alexei Navalny’s organization to help coordinate protest votes in the 2021 Duma elections was problematic; there was nothing illegal about the content, and tech companies like Apple and Google removed them without communicating a legal explanation for doing so, Milov said. Milov suggested that first, companies should not give in to these types of demands by governments so as not to embolden them, and second, should make such communication with governments public to provide transparency. Matt Schrader, Advisor for China at the International Republican Institute, described how the Chinese Communist Party tries to influence other countries’ political systems by leveraging economic access. He pointed toward the People’s Republic of China’s use of its embassies abroad to form mutually beneficial relationships with businesses and wealthy individuals to influence political discourse and curry support for China. In the United States, for instance, this support can come in the form of lobbying against laws such as the Uyghur Human Rights Act, Schrader said. Another example, Schrader continued, is the film industry. China is a large market, and film companies are denied access to the Chinese market if they produce any films critical of China. Finally, Schrader pointed out the importance of the megaphone of celebrity in combating human rights violations. For example, efforts by U.S. tennis player Serena Williams and other athletes to raise awareness about missing Chinese tennis player Peng Shuai has led to serious discussion about moving the 2022 Beijing Winter Olympics, while the ongoing genocide of the Uyghurs in Xinjiang has not. Karen Sutter, Specialist in Asian Trade and Finance at the Congressional Research Service, focused on the Chinese government’s increased economic pressure on countries, organizations and individuals to conform to China. According to her, the line between the government’s use of its authority and its commercial interest has been blurred. This includes rulings on anti-trust, business licensing, and other matters. “China’s use of economic coercion to push through policy goals is intensifying,” Sutter said, adding that this coercion is not limited to individuals or companies operating in China, creating gaps in public awareness in third countries, and taking away the ability to have public, informed debates on issues related to China. Sutter elaborated on several tools the United States could use to respond to China, including examining Chinese tactics, acknowledging that China benefits from the U.S. interest in its market, and understanding how China uses measures and countermeasures that put American companies in the middle of disputes between the two governments. Sutter continued by explaining that this system of measures and countermeasures as well as the asymmetric access to the economy poses the greatest challenge. Asked whether there is any indication that China’s influence over American enterprises could position China for a military advantage, Sutter pointed toward the issue of dual-use technologies and technological transfer to the Chinese government itself. She questioned whether other countries would backfill such arrangements if the United States imposed restrictions, and then further asked if there was a good way to impose restraints on or consequences for malign Chinese behavior. Schrader added that China sees embeddedness in globalization as a source of power and seeks to position itself to benefit the most it can from technological and scientific innovation. On the question of companies like Apple or Google “decoupling” from Russia and China, Milov responded that these companies would reach a point at which it would no longer be worth it to operate in country. He suggested, however, that companies could operate in Russia without a physical presence and thus limit their exposure to coercion. Sutter added that decoupling is not limited to U.S. companies looking to leave China. Rather, Chinese industrial policy shows attempts towards becoming self-sufficient in the areas of aircraft, semiconductors, medical equipment, and other key areas. In the meantime, Sutter said to end her testimony, the United States and Europe could use the threat of decoupling as leverage. Related Information Panelist Biographies China’s Recent Trade Measures and Countermeasures: Issues for Congress
Remembering Sergei MagnitskyThursday, November 18, 2021
Madam President, 12 years ago this Tuesday, Russian tax lawyer Sergei Magnitsky died in Moscow at the hands of prison guards who, instead of treating him for the acute illness that his torturous, year-long detention provoked, beat him for over an hour. He was found dead in his cell shortly thereafter. His “crime” was exposing the largest tax fraud in Russian history, perpetrated by government officials. He was 37 years old and left a loving family and many friends. At the Helsinki Commission, which I chair, we had heard of Sergei’s plight months earlier and we were saddened and outraged that such a promising life had been cut short and that so few expected his murderers to be held to any account. Impunity for the murder of journalists, activists, opposition politicians, and now a simple, honest citizen was, and remains, a depressing cliché in Russia under Vladimir Putin’s rule while his regime often ruthlessly punishes people for minor infractions of the law. For those on the wrong side of the Kremlin, the message is clear — and chilling. Even the most damning evidence will not suffice to convict the guilty nor will the most exculpatory evidence spare the innocent. The need for justice, in Russia, in this specific case does not diminish with the passage of time. Moreover, the “doubling down” on the cover-up of Sergei’s murder and the massive tax heist he exposed implicates a wider swath of Russian officials with the guilt of this heinous crime. It does not need to be this way, however; nor is it ever too late for a reckoning in this case in the very courtrooms that hosted the show trials that ultimately led to Sergei’s death and the obscenity of his posthumous conviction. As somber as this occasion is, there is reason for hope. Vladimir Putin will not rule Russia forever and every passing day brings us closer to that moment when someone new will occupy his post. Who that person will be and whether this transition will usher in a government in Russia that respects the rights of its citizens and abides by its international commitments remains unclear. I hope it does. A Russian government that returns to the fold of responsible, constructive European powers would increase global security, enhance the prosperity of its own citizens and trading partners, and bring new vigor to tackling complex international challenges such as climate change. Sergei’s work lives on in his many colleagues and friends who are gathering in London this week to celebrate his life and to recognize others, like him, who seek justice and peace in their countries, often facing, and surmounting, seemingly impossible obstacles. All too often, they pay a heavy price for their courageous integrity. Sergei’s heroic legacy is exemplified in the global movement for justice sparked by his death, and in the raft of Magnitsky laws that began in this chamber and have now spread to over a dozen countries, including allies like Canada, the United Kingdom, and the European Union. Even as these laws help protect our countries from the corrupting taint of blood money and deny abusers the privilege of traveling to our shores, they also remind those who suffer human right abuses at the hands of their own governments that we have not forgotten them. Sergei Magnitsky is a reminder to all of us that one person can make a difference. In choosing the truth over lies, and sacrifice over comfort, Sergei made a difference and will never be forgotten. Fifty-five years ago, Senator Robert F. Kennedy addressed the National Union of South African Students and spoke about human liberty. He spoke about freedom of speech and the right “to affirm one's membership and allegiance to the body politic – to society.” He also spoke about the commensurate freedom to be heard, “to share in the decisions of government which shape men's lives.” And he stated that government “must be limited in its power to act against its people so that there may be … no arbitrary imposition of pains or penalties on an ordinary citizen by officials high or low”. Senator Kennedy went on to say, Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current which can sweep down the mightiest walls of oppression and resistance. Madam President, Sergei Magnitsky stood up for an ideal. He acted to improve the lot of others. He struck at injustice. He was – and remains – a ripple of hope. On this sad anniversary of Sergei Magnitsky’s murder, let us all recommit ourselves to helping those in Russia, and around the world, who seek their rightful share in the governance of their own countries and who deserve the confidence of doing so without fear of harm. If we do this, Sergei will not have died in vain. I am confident that one day, there will be a monument in stone and bronze to Sergei in his native Russia. Until that day, the laws that bear his name will serve as his memorial.
Confronting Kremlin & Communist CorruptionThursday, November 18, 2021
The Kremlin and the Chinese Communist Party, as well as other U.S. adversaries, practice kleptocracy, an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy. Kleptocracy now poses the most serious challenge to democratic governance worldwide. President Biden has declared countering corruption a core national security interest and Congress has responded with a series of legislative proposals to fight kleptocracy both at home and abroad. On November 18, the Commission on Security and Cooperation in Europe brought together experts on kleptocracy to examine how the United States can confront foreign corruption. In particular, witnesses discussed the ways that the United States can fortify its system against the taint of corruption and hold kleptocrats to account. The first panel featured testimony by Representatives Tom Malinowski (NJ-07) and María Elvira Salazar (FL-27), while the second panel included witnesses Leonid Volkov, Chief of Staff to Alexei Navalny; Elaine Dezenski, Senior Advisor at the Center on Economic and Financial Power; and Scott Greytak, Advocacy Director at Transparency International. Helsinki Commission Chairman Sen. Ben Cardin (MD) opened the hearing, noting that corruption both sustains dictatorships and helps them conduct foreign policy. Corruption also erodes democratic structures from within and creates patronage-based systems in which autocrats pay their cronies to retain power. Chairman Cardin thanked Representatives Malinowski and Salazar for their work on the counter-kleptocracy caucus and highlighted several of the counter-kleptocracy bills currently in the House and the Senate. Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) stressed the importance of going after the enablers of corruption, not just the kleptocrats, saying, “They work with these folks to poison the system, so they are in essence agents of corruption.” He added that the United States needs to clean up its act at home and reinforce its defenses against the national security threat of corruption. Helsinki Commission Ranking Member Sen. Roger Wicker (MS) called corruption a “pernicious foreign policy tool” that undermines and co-opts democratic systems, and highlighted the corruption and abuse of INTERPOL, which he described as being hijacked by mafia states and weaponized to pursue political opponents. China and Russia are the most prolific abusers of the system, he said, pointing towards the TRAP Act as a legislative tool to counter such behavior. Sen. Wicker, who co-leads the Global Magnitsky Reauthorization Act alongside Chairman Cardin, stressed the bipartisan nature of this issue. Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) echoed Sen. Wicker’s statement, adding, “It is not an exaggeration to say that corruption is the new communism.” Rep. Wilson mentioned the six Helsinki Commission counter-kleptocracy bills in the House National Defense Authorization Act (NDAA), underlining the bipartisan nature of the fight against corruption. “To protect American families we must fight corruption,” he said. During the first panel, Rep. Malinowski described fighting corruption as the key to winning the contest between democracy and dictatorship. Corruption is not only a way for autocrats to stay in power, he argued; it also is their greatest weakness. “When we catch them stealing from their people and putting their money in our banks, that is what embarrasses them,” he said. Referencing the six counter-kleptocracy bills currently pending in Congress, Rep. Malinowski suggested the United States. has potent tools to go after corruption. Rep. Salazar testified that corruption is a threat to freedom and human rights. Using Venezuela, Cuba and Nicaragua as examples, Salazar explained how corrupt leaders use stolen funds to finance campaigns that portray them as the saviors of the countries that they actually loot. Salazar pointed towards her work as founding member of the bipartisan Caucus against Foreign Corruption and Kleptocracy (CAFCAK), as well as the importance of the Combating Global Corruption Act, introduced by Chairman Cardin in the Senate, and the bipartisan ENABLERS Act Leonid Volkov began his testimony by describing a natural pathway from corruption to authoritarianism, born out of the necessity to hide crimes by silencing the press and co-opting the courts. He outlined how the Navalny anti-corruption initiative, through hundreds of investigations, found billions of dollars stolen from Russian taxpayers. What stood out, he said, was how successful kleptocrats need to operate in two countries: their home country, where the absence of rule of law allows them to steal, and another country, where the rule of law ensure the safety of their money. Therefore, corruption is a global phenomenon, which also necessitates fighting corruption on both fronts. Volkov endorsed the series of Helsinki Commission anti-kleptocracy bills and asked to “fight this fight together.” Scott Greytak described corruption as the lifeblood of autocrats abroad and pointed toward the Pandora Papers, which revealed that the United States is a leading secrecy jurisdiction for stashing offshore funds. He emphasized the importance of Congress ensuring that the six counter-corruption bills in the House National Defense Authorization Act (NDAA) make it into the final NDAA. Doing so would enhance the U.S. ability to deny kleptocrats access to the financial system and increase transparency. The National Defense Authorization Act (NDAA) is legislation that Congress passes each year to make changes to the policies and organization of United States defense agencies and provide guidance on how military funding can be spent. Greytak also mentioned the Corporate Transparency Act and expressed hope that Congress would ensure that the new Treasury FinCEN rules are in keeping with the spirit of the law. He added that passing the Foreign Extortion Prevention Act (FEPA), which would criminalize foreign officials requesting bribes from American companies, is an important step many of our allies already have taken. Lastly, Greytak emphasized the need to target enablers of kleptocracy in the U.S. via the ENABLERS act, to prevent crimes such as the theft of over $4 billion from the public investment fund of Malaysia, aided and abetted by U.S. law firms. Elaine Dezenski’s testimony focused on China and corruption through the Belt and Road Initiative (BRI). She described the BRI as a geopolitical enterprise through which China seeks to redefine its engagement with more than 140 countries. Because the BRI is designed to undercut normal development, it gets rid of safeguards such as anti-corruption, environmental, and labor standards as well as open and transparent bidding, according to Dezenski. By doing so, it creates long-term dependencies fueled by corruption and debt traps. More than 40 countries are now indebted to China equal to or greater than 10 percent of their GDP, Dezenski said. A slim window exists during which the U.S. can offer clean alternatives to the BRI, alongside increased efforts to educate citizens and support civil society to counter this threat. One key step, said Dezenski, is pivoting critical supply chains out of China and towards allied countries. Another step is taking care not to give domestic infrastructure contracts to foreign kleptocrats’ companies. Finally, countering disinformation and misinformation campaigns is of the essence. Responding to a series of questions from Co-Chairman Cohen, Volkov explained that his organization had to move outside of Russia due to being designated an extremist organization but nonetheless is working to produce content highlighting Russian corruption. On the topic of censorship by Apple and Google during the Duma elections in 2021, Volkov stated that the threat by the Russian regime to imprison employees of U.S. companies should they not go through with the censorship is serious and should not be dismissed. Asked by Rep. Wilson what he saw as Russia’s future in five to 10 years, Volkov explained that Putin is unpopular among Russia’s youth and that many people want change. Putin’s strength lies in his TV propaganda machine, which is less effective at reaching younger, more internet-savvy people, he said. Volkov explained that under Putin, Russia has more political prisoners than the Soviet Union ever had after Stalin and expressed hope that this would lead to cracks in the system and, finally, regime change. On the question of how present-day corruption differs from that of 30 years ago, Scott Greytak explained that corruption is more sophisticated than ever, aided by complex financial vehicles created by Western enablers which make it easier to move money. Responding to a question from Helsinki Commission Member Rep. Ruben Gallego (AZ-07), Greytak explained that although Russian and Chinese corruption are similar, Russia perfected state-run corruption, while China adopted corruption to grow its geo-political influence. Dezenski answered a question on China’s long-term view by explaining that the United States needs to be more strategic about the short-term implications of individual actions and ensure long-term commitment to democratic norms. Because China takes a longer view than the United States, they have outmaneuvered us, Dezenski said. Asked if any projects concerned her most, she answered any projects related to digital infrastructure, due to the risk of authoritarian regimes monitoring and managing communications lines. In addition, Dezenski mentioned projects that would give Beijing military influence, such as strategic ports in the Indian Ocean or the South China Sea. Chairman Cardin thanked the witnesses for their expert testimonies and said he looked forward to consulting with them on several of the points brought up. To end the hearing, the chairman pointed out South Korea as an example of a country that turned around its corruption problem, stating, “We can make change and plant the seeds to enhance the welfare of all the people.” Related Information Witness Biographies Bipartisan Counter-Kleptocracy Legislative Initiatives Counter-Kleptocracy Measures Included in the House Defense Bill
Authoritarian Abuse of INTERPOLWednesday, November 17, 2021
Mr. WICKER. On November 23, the International Criminal Police Organization, better known as INTERPOL, will begin its annual General Assembly in Istanbul. INTERPOL is a vital global law enforcement network that helps police from different countries cooperate with each other to control crime. Unfortunately, it has also become a tool in the hands of despots and crooks who seek to punish dissidents and political opponents in an effort to turn other countries’ law enforcement against the rule of law. Rooting out this sort of abuse should be the top priority going in to the INTERPOL General Assembly. These abuses make a mockery of Interpol and are threatening its continued existence. INTERPOL's constitution cites the Universal Declaration of Human Rights as the basis for police cooperation. Importantly and significantly, Article 3 of that declaration forbids INTERPOL from engaging in any activities of a political, military, religious or racial character. All 194 member nations have committed to uphold Article 3 and the entire INTERPOL constitution, so it is troubling. As a matter of fact, it's even worse than troubling. It's egregious that INTERPOL chose to host this year's General Assembly in Turkey. A country that has become one of the worst abusers of INTERPOL’s Red Notice and Blue Notice systems. Turkey has repeatedly weaponized INTERPOL to persecute and arrest government critics on politically motivated charges. Journalist Can Dundar is a prime example. Mr. Dundar is one of Turkey's most prominent media personalities and has received international awards for defending freedom of the press. In 2018, Turkey demanded that INTERPOL issue a red notice for Mr. Dundar's arrest. What had he done? He simply criticized his government. He had reported on the Turkish government supplying arms to an Islamist group in Syria. He was charged by a Turkish court with espionage and aiding a terrorist group. The group was never named. And sentenced to 27.5 years in prison in absentia. Thankfully, Germany has refused to extradite Mr Dundar, but this is the sort of thing we see from this year's host of the conference in June of this year. Turkish media reported that INTERPOL had rejected nearly 800 red notices sent by the Turkish government. A Swedish human rights group reported in 2016 after the failed coup in Turkey, that the Turkish government filed tens of thousands of INTERPOL notifications targeting persons who were merely critics and political opponents of the government. Some of these people were stranded in international airports, detained and handed over to Turkey, where they ended up in prison. There are also alarming signs that Turkey is trying to leverage this year's General Assembly to further its own authoritarian goals. This past June, Turkish Deputy Foreign Minister Havel's Saleem Kiran openly asserted that the General Assembly in Istanbul “will be an important opportunity to explain in detail our rightful position regarding our fight against terrorist organizations and our rejected notices.” Translation: Turkey plans to use this high level event to mislead and lie to the international community. They will no doubt try to explain why President Erdogan should be able to hunt down his critics in foreign countries using foreign law enforcement through INTERPOL. This will be a travesty, one that indeed threatens the legitimacy and future viability of INTERPOL. And of course, Turkey is not the only offender we could talk about. Russia, China and Venezuela have routinely misused Interpol to oppress their critics. The case of Bill Browder, a free critic of the Putin regime and advocate for the Magnitsky Act, is probably the most well-known example of such abuse. Vladimir Putin has issued no fewer than eight INTERPOL diffusions seeking to have Bill Browder extradited, none of which thankfully have been obeyed. These abuses should not be allowed to go on. INTERPOL needs protection on behalf of countries that actually believe in human rights - they believe in open dissent and the rule of law. Providing that protection is why I have introduced the Transnational Repression, Accountability and Prevention Act or TRAP Act. This is a bipartisan effort, Mr. President, with four Republican co-sponsors and four Democratic co-sponsors. This bipartisan legislation would fortify U.S. systems against INTERPOL abuse and would require that we use our influence to push for due process and transparency reforms at INTERPOL, American law enforcement should never be doing the work of foreign crooks and dictators. I hope that I can count on my colleagues in this chamber to support this much needed legislation, and I invite my colleagues to be added to the co-sponsor list. Thank you, Mr. President.
Helsinki Commission Recalls Legacy of Sergei MagnitskyTuesday, November 16, 2021
WASHINGTON—On the 12-year anniversary of the death of Sergei Magnitsky, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following statements: "Sergei Magnitsky’s heroic legacy is exemplified in the global movement for justice sparked by his death,” said Chairman Cardin. “Even as Magnitsky laws help protect the United States and other countries from the corrupting taint of blood money and deny abusers the privilege of traveling to our shores, they also remind those who suffer human right abuses at the hands of their own governments that they are not forgotten." “Finding justice for Sergei Magnitsky in Putin’s Russia seems more impossible with each passing year,” said Co-Chairman Cohen. “However, we have not forgotten his tragic story and we will never stop calling for accountability for those who imprisoned him and ultimately killed him; those who enabled corruption and abetted murder. We are determined to not let his memory fade. Instead, he will serve as an indelible reminder of all those who suffer under corrupt regimes.” “It would have been much easier and much safer for Sergei Magnitsky if he had remained silent—but he was relentless in his desire to expose the truth,” said Sen. Wicker. “In a Russia ruled by Vladimir Putin, Mr. Magnitsky paid for it with his life. We look forward to the day when, in Russia and elsewhere, uncovering corruption is a public service rather than a death sentence.” “Sergei Magnitsky spent the last year of his life in prison because he refused to stop fighting for what was right,” said Rep. Wilson. “In honoring Sergei Magnitsky’s legacy today, we recall the many other political prisoners like him who have endured horrific conditions and even death simply for speaking truth to power. No one should have to experience what he did.” In 2008, Sergei Magnitsky, who advised Hermitage Capital Management in a dispute over alleged tax evasion in Russia, discovered a $230 million fraud being committed by Russian law enforcement officers assigned to the case. Magnitsky reported the fraud to the authorities and was arrested soon after by the same officers he had accused. For almost a year, Magnitsky was held in squalid prison conditions, denied visits from his family, and beaten by guards. Despite developing serious health conditions, he was denied medical attention. On November 16, 2009, Sergei Magnitsky was beaten to death in his cell. He had been imprisoned for 358 days, just seven days short of the maximum legal pre-trial detention period in Russia. In 2010, Helsinki Commission Chairman Sen. Ben Cardin (MD) introduced the Justice for Sergei Magnitsky Act, directing the U.S. Secretary of State to publish a list of individuals involved in Sergei’s detention and death, and enabling the government to deny these individuals entry to the United States and freeze their American assets. The bill was reintroduced in the next Congress as the Sergei Magnitsky Rule of Law Accountability Act. This version covered all individual who commit extrajudicial killings, torture or otherwise egregiously violate the human rights of activists or whistleblowers in Russia. On December 14, 2012, the Magnitsky Act was signed into law, establishing severe consequences for the worst human rights violators in Russia. In 2015, Chairman Cardin introduced the Global Magnitsky Human Rights Accountability Act to expand the authorities established by the original Magnitsky Act to include the worst human rights violators and those who commit significant acts of corruption around the world. It became law in December 2016.
Helsinki Commission Briefing to Probe Ties Between Corporations and DictatorsTuesday, November 16, 2021
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: DICTATORS, INC. Monday, November 22, 2021 10:00 a.m. Register: https://bit.ly/3qKc5NW Many American and other western corporations invest heavily in authoritarian regimes, particularly Russia and China. Such companies often claim that, thanks to their involvement, democratic values like human rights and the rule of law will spill over into dictatorships and transform them from within. Instead, they provide autocrats with new opportunities to both repress rights at home and exert influence abroad. This briefing will examine the interplay between western business and dictators, particularly as it concerns human rights abuse. Panelists will discuss the recent Russian elections, where Google and Apple censored content at the behest of the Putin regime; corporate censorship and other abuse on behalf of the Chinese Communist Party; and options for policy responses. The following panelists are scheduled to participate: Vladimir Milov, Russian opposition politician and economist Matt Schrader, Advisor for China, Center for Global Impact, International Republican Institute Karen Sutter, Specialist in Asian Trade and Finance, Congressional Research Service
REMEMBERING AND HONORING SERGEI MAGNITSKYTuesday, November 16, 2021
Mr. COHEN. Madam Speaker, today we remember and honor Sergei Magnitsky, the Russian tax lawyer who in 2008 uncovered a massive fraud scheme of hundreds of millions of dollars perpetrated by law enforcement officers. In any normal situation, Mr. Magnitsky would have been praised for his efforts. But this was Putin's Russia, and he was arrested by the very people whose nefarious dealings he exposed. The conditions Mr. Magnitsky faced in prison for almost a year were inhumane, and on November 16, 2009, already weakened and seriously ill, he did not survive the beatings he received from prison guards. Twelve years later, Putin still controls Russia. Throughout the country, hundreds of prisoners of conscience languish behind bars because of their political opinions, their activism, and even their religious beliefs. Thanks to Sergei Magnitsky's determination to stand up for what is right in the face of overwhelming state power, the laws that bear his name ensure they will not be forgotten. His story is the story of many others--not only in Russia, but worldwide. Exposing human rights abuses and corruption carries many risks in many countries. Yet there are many brave people who continue to reveal the truth. The Magnitsky Act has become a living memorial to Sergei Magnitsky's bravery. We in Congress originally passed this legislation to sanction those involved in the death of Mr. Magnitsky. Since then, we have expanded it to cover the world's worst human rights abusers. What began here has spread internationally as the United Kingdom, the European Union, and Canada have all adopted their own Magnitsky sanctions. Many others, such as Japan, Australia, and Taiwan, are considering their own legislation. Magnitsky sanctions have completely changed the nature of the fight for human rights and against corruption. They not only protect our own system against abuse but also provide a measure of justice to those denied it abroad. We will keep encouraging our democratic allies to adopt similar sanctions so that one day there will be no safe haven left for kleptocrats and their blood money. Finding justice for Sergei Magnitsky in Putin's Russia seems more impossible with each passing year. However, we have not forgotten his tragic story and we will never stop calling for accountability for those who imprisoned him and ultimately killed him; those who enabled corruption and abetted murder. We are determined to not let his memory fade. Instead, he will serve as an indelible reminder of all those who suffer under corrupt regimes.
Threat of Foreign Corruption to Be Explored at Helsinki Commission HearingFriday, November 12, 2021
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: CONFRONTING KREMLIN & COMMUNIST CORRUPTION Thursday, November 18, 2021 10:30 a.m. Dirksen Senate Office Building Room G-50 Watch live: www.youtube.com/HelsinkiCommission The Kremlin and the Chinese Communist Party, as well as other U.S. adversaries, practice kleptocracy, an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy. Kleptocracy now poses the most serious challenge to democratic governance worldwide. President Biden has declared countering corruption a core national security interest and Congress has responded with a series of legislative proposals to fight kleptocracy both at home and abroad. This hearing will bring together experts on kleptocracy to examine how the United States can confront foreign corruption. In particular, witnesses will discuss the ways that the United States can fortify its system against the taint of corruption and hold kleptocrats to account. The following witnesses are scheduled to testify: Representative Tom Malinowski (NJ-07), Member of Congress, Co-Chair of the Congressional Caucus against Foreign Corruption and Kleptocracy Representative María Elvira Salazar (FL-27), Member of Congress, Member of the Congressional Caucus against Foreign Corruption and Kleptocracy Leonid Volkov, Chief of Staff to Alexei Navalny Elaine Dezenski, Senior Advisor, Center on Economic and Financial Power, Foundation for Defense of Democracies Scott Greytak, Advocacy Director, Transparency International U.S. Office
Flicking through the news one day in early 2015, Alexey Kharis, a California-based businessman and father of two, came across a startling announcement: Russia would request a global call for his arrest through the International Criminal Police Organization, known as Interpol.
“Oh, wow,” Kharis thought, shocked. All the 46-year-old knew about Interpol and its pursuit of the world’s most-wanted criminals was from novels and films. He tried to reassure himself that things would be OK and it was just an intimidatory tactic of the Russian authorities. Surely, he reasoned, the world’s largest police organisation had no reason to launch a hunt for him.
In the months that followed, Kharis kept checking Interpol’s gallery of thousands of international fugitives. He finally came across his mugshot, glaring back at him like a hardened criminal. “My God,” he exclaimed, now terrified.
“This guy is a terrorist; that guy is a murderer; this guy abducted children – and there’s me,” he remembers thinking as he looked through the Interpol register.
It was while running a large construction company in Russia that Kharis first found himself on the wrong side of the authorities. His firm, ZAO Rosdorsnabzhenie, had a government contract in 2010 to renovate shipyards near the far eastern city of Vladivostok. He says his business partner, Igor Borbot, told him about high-level officials embezzling money from the project.
Kharis says he was targeted after he threatened to speak publicly about the ministerial corruption and refused to give false testimony against Borbot. Kharis says agents from Russia’s Federal Security Bureau told him during interrogation in 2013: “Your partner is going down – you can help us or you can go down with him.”
He had hoped – naively, he says now – that investigations in Russia would clear his name. The Interpol notice confirmed he was wrong. It outlined major fraud charges carrying a 10-year prison sentence, alleging that Kharis was part of a “criminal group” that had stolen tens of millions of pounds from his own company.
Ted Bromund, who testified in Kharis’s case in the US as an expert witness, spent days scrutinising the case files and came to believe that the charges were baseless. “They don’t seem to have any substance whatsoever,” he says.
Bromund, an international affairs specialist with a rightwing US thinktank, the Heritage Foundation, concluded that this was the latest in a pattern of Russian attempts to weaponise Interpol with trumped-up requests to arrest its nationals. According to the US rights organisation Freedom House, Russia is responsible for 38% of all public red notices.
Far from indicating that Kharis had committed a crime, Bromund wrote later in his testimony, the notice “proves only that the Russian Federation filled out the appropriate Interpol form”. Interpol declined to comment on Kharis’s case, beyond confirming the status of his red notice.
US immigration authorities did not share this view of Interpol’s request, however. The Department of Homeland Security used it to argue that Kharis was a “flight risk” and he was detained in San Francisco in 2017. Kharis spent the next 15 months in California prisons.
His wife, Anna, published a blog during this time. “Many tears and sleepless nights followed,” she wrote of his detention, telling the children their father was away on a business trip. She describes Kharis as “a caring father” who would “spend the night rocking the cradle and then head off for his business early in the morning”. He called every night to tell their two young children everything was OK. But with no release date, prison took its toll.
First mooted in 1914, Interpol was established in 1923, in large part to stop people from committing crimes in one country and fleeing elsewhere with impunity. The organisation has been misused by oppressive regimes before – in 1938, the Nazis ousted Interpol’s president and later relocated the organisation to Berlin. Most countries withdrew and it ceased to exist as an international organisation until after the second world war.
The 194 member states support searches for war criminals, drug kingpins and people who have evaded justice for decades. Its red notices are seen as a vital tool and the closest thing to an international arrest warrant, leading to the location of thousands of fugitives each year.
Red-notice subjects have included Osama bin Laden and Saadi Gaddafi, the son of Libya’s former dictator. As criminals move around an increasingly interconnected world and terrorist incidents increased, the use of Interpol’s system has mushroomed. In the past two decades, red notices increased tenfold, from about 1,200 in 2000 to almost 12,000 last year. (There are also other forms of Interpol notices, such as yellow for missing children, black for unidentified dead bodies.)
Alongside the growth of the most-wanted list, international legal experts say there has also been an alarming phenomenon of countries using Interpol for political gain or revenge – targeting nationals abroad such as political rivals, critics, activists and refugees. It is not known how many of roughly 66,000 active red notices could be based on politically motivated charges; Interpol does not release data on how many red notices it rejects. But a number of reports, including from the US Congress, the European parliament and academics have documented the misuse of Interpol in recent years. Bromund says: “I don’t think there’s any dispute that […] the number of abusive red notices is growing.”
Seeking to manipulate Interpol is a feature of transnational repression, in which countries extend their reach overseas to silence or target adversaries. Tactics range from assassinations, poisonings and dismemberments to blackmail, spying on citizens’ phones abroad and threatening families left behind. The methods may differ, but they are intended to send a similarly menacing message in an era of global movement: you may leave your country but you can still be punished.
Interpol’s move earlier this month to reinstate Syria’s access to the organisation’s databases and allow it to communicate with other member states was strongly criticised by opposition activists. Anas al-Abdah, head of the Syrian opposition’s negotiating body, said Interpol’s decision had given Bashar al-Assad’s regime the data-based means to wage another war against the Syrian people.
Toby Cadman, a British barrister working on Syria-related war crimes prosecutions, said in response to the decision: “Interpol’s systems are opaque, with no real oversight or accountability, and routinely abused by states like Syria.
“It’s quite straightforward to get a red notice issued – you don’t need to provide that much information, and Interpol is underfunded and understaffed,” he said, but added: “Getting a red notice removed, even in European countries such as the UK or the Netherlands, can be slow and difficult.”
A red-notice subject’s fate can vary wildly. Some countries see red notices as an alert system while others treat them as arrest warrants, incarcerating people or co-operating with extradition proceedings against them. People may have their assets frozen, their passports confiscated and their movements restricted – as well as the reputational damage from being designated as an international criminal.
Some first learn of their Interpol wanted status when they cross a border. For Hakeem al-Araibi, a Bahraini footballer living as a political refugee in Australia, it was on his honeymoon in Thailand in 2018. He was arrested with his wife after Bahrain issued an Interpol notice accusing him of vandalism. (Al-Araibi fled Bahrain after athletes who took part in pro-democracy protests were arrested, beaten and allegedly tortured while detained.) Interpol revoked the notice when Australia notified it of al-Araibi’s refugee status, but that did not prevent al-Araibi from spending 76 days in Thai prisons. Al-Araibi’s case is one of several to have sparked a public outcry in recent years.
Another political activist pursued abroad through Interpol’s red notices was Petr Silaev, a Russian environmentalist and anti-fascist who was charged with “hooliganism” after demonstrating in 2010 against plans for a motorway to be built through the Khimki forest outside Moscow. He fled the country as the Russian authorities rounded up fellow protesters and was granted political asylum in Finland. In 2012, however, he was arrested in Spain after an Interpol alert and detained in a high-security prison. He spent months fighting extradition to Russia.
The human rights organisation Fair Trials said Interpol’s decision had left Silaev under threat of arrest whenever he crossed a border and called on the organisation to justify its decision and “explain whether it is helping Russia to pursue anyone else across the globe on hooliganism charges”.
In the UK, Benny Wenda, a separatist leader from West Papua who escaped from prison in Indonesia and was granted asylum as a political refugee, had a politically motivated red notice issued against him by Indonesia. It was later deleted.
“We must not misuse international organisations like Interpol for such purposes,” said the then German chancellor Angela Merkel, after a Turkish-born German writer, Doğan Akhanlı, was arrested in 2017 on the back of a Turkish Interpol notice while on holiday in Spain.
However, only three months ago, Moroccan authorities arrested Yidiresi Aishan, an Uyghur activist, after China sought his extradition; Interpol later cancelled Aishan’s red notice after a review but he still faces the threat of deportation to China. Last month Makary Malachowski, a Belarusian opposition activist who had fled to Poland, was detained in Warsaw after Alexander Lukashenko’s government issued a red notice.
“People expect you’re not going to believe them because what has happened to them is so crazy,” says Michelle Estlund, a Florida lawyer representing wrongfully accused clients wanted through Interpol.
Estlund began helping Interpol-targeted clients 12 years ago, when a Venezuelan woman facing a red notice accusing her of fraud sought the criminal lawyer’s help. Estlund initially refused but has since worked with red-notice subjects from Russia to Ecuador, and remains shocked by how the law can be misused.
The rise of online platforms for dissidents to criticise governments is fuelling a desire to shut down opposition voices, she says. “It’s just so against what we expect to see in any justice system, even abusive ones. The things the client goes through before they get to me are mind-boggling.”
Interpol’s constitution forbids the organisation’s use for political matters and it announced in 2015 that it would remove a red notice if that person had been recognised as a refugee. Its work must also fall within the spirit of the Universal Declaration of Human Rights, which demands fair trials and free speech, and prohibits arbitrary arrests. Interpol says it screens every wanted-person request. In an organisation with such seemingly clear safeguards, what is going on?
Weeding out questionable requests for international arrests falls to a specialist squad at Interpol’s Lyon headquarters, created in 2016. Turkey says Interpol has rejected 773 requests to detain people over suspected links with the popular movement Hizmet, led by the US-based Turkish cleric Fethullah Gülen, a former ally of President Recep Tayyip Erdoğan (Interpol confirmed the figure was more than 700). Turkey’s government regards members of the Gülen movement as a terrorist group responsible for plotting the failed 2016 coup and has criticised Interpol for hindering its prosecution efforts. There have been reports that Ankara attempted to upload as many as 60,000 names to Interpol, including via its stolen-passport database, but the organisation denied that figure.
Interpol’s interventions against Turkey are among a number of publicly known examples of the organisation’s efforts to stop politically motivated notices in recent years. Yet some fear Interpol too often believes its members are working in good faith and providing it with accurate information. “Interpol is there to help the police do its work under the assumption that the police does its work honestly,” says Rutsel Martha, Interpol’s Dutch former legal chief and author of a study of the organisation. “That’s the system, so the first reaction is to do with the immediate situation, then legal controls kick in later in the process.”
Among the easiest ways to craft misleading arrest requests is to accuse people of financial crimes such as money laundering, whereas a murder charge requires evidence of a dead body and political charges may break Interpol’s rules. “It’s very easy to either fabricate or manipulate information to create a charge of embezzlement or misappropriation or gaining unjust profit,” says Estlund. When she looks into red notices, she often finds charges to be unsubstantiated.
What critics regard as a low level of proof required for a red notice can be seen in the case of a Turkmen human rights activist, Annadurdy Khadzhiev, who was detained in Bulgaria in 2002 over an Interpol notice accusing him of embezzling $40m (£30m) from Turkmenistan’s central bank. The alleged theft, however, took place four years after Khadzhiev had stopped working there. “It was objectively impossible for him to have committed the said crime,” according to the findings of a Bulgarian prosecutor cited in a 2014 European court of human rights judgment.
A less-formal Interpol option for hunting fugitives, called “diffusions”, are often regarded as more vulnerable to misuse. Through these alerts, Interpol members can send arrest requests directly to each other. That is how Nikita Kulachenkov, a Russian-born Lithuanian refugee, spent several weeks imprisoned in Cyprus, after he was detained at the airport in 2016 en route to visit his mother.
Kulachenkov faced a five-year prison term in Russia for allegedly stealing a street artist’s drawing. His Interpol alert was issued after he began working on investigations for the Anti-Corruption Foundation in Russia, founded by the opposition politician Alexei Navalny, who was poisoned with the nerve agent novichok last year and is now imprisoned in Russia.
Kulachenkov claims he found the poster on a street and is adamant that the poster’s value was invented to create a politically motivated charge. He was investigated by Russia’s top prosecutors, who raided his Moscow flat. More than a year before his detention in Cyprus, Kulachenkov had pre-emptively written to Interpol asking it to reject calls for his arrest as he was being targeted for his anti-corruption work. Interpol acknowledged his concerns, and a spokeswoman said later that it checks all diffusions.
Now living in Berlin, Kulachenkov still fears being stopped if he crosses certain borders – Interpol data on wanted individuals can remain on national police computer systems even after it has been revoked. Kulachenkov recalls incredulous Cypriot authorities laughing at the charges against him, saying: “Russia really wants you through Interpol for €60 of theft?”
Interpol’s secretary general for the last seven years, Jürgen Stock, is unexpectedly open about the threat to Interpol’s credibility from problematic notices. He finds it frustrating that he sometimes finds out from newspapers, rather than his organisation, about wrongful arrest requests, such as those involving refugees. He says countries do not always notify Interpol about a person’s refugee status, which he regards as a “shared responsibility”.
The 62-year-old has faced a “parallel pandemic” of Covid-related crimes including fake vaccines and other substandard medical products as well as fighting a wave of cyber-attacks and telecom scams. Stock describes Interpol’s “bread and butter job” as targeting “child abusers, murderers, fraudsters”.
Stock does not give figures about Interpol’s tools being misused against political opponents and refugees but he insists that these notices are a “small number of cases” compared with the “overwhelming majority” of legitimate ones. However, even his rough estimate of no more than 5% of notices being improperly applied each year could mean hundreds of potentially wrongful arrest requests.
Under Stock, Interpol has strengthened its oversight body – the commission for the control of Interpol’s files (CCF), which reviews appeals and can delete red notices – and publishes more information about decisions on complaints. He has also bolstered the specialist squad that reviews notices before they are published. Critics have welcomed the changes, but some say the system is still not robust enough. Stock acknowledges that there is more work to be done. “I don’t have the silver bullet at [this] stage for what else we can do,” he says, but stresses that he is committed to further strengthening safeguards, where possible, during his final three years in the post.
A key challenge, lawyers say, is how long it can take to get non-compliant notices removed – and the damage that can happen in the meantime. This was the case for Selahaddin Gülen, a US permanent resident and nephew of Fethullah Gülen who was detained in Kenya last October, after an Interpol notice accused him of sex crimes involving a minor. (He denies the charges, which his lawyer called a “false dossier”.)
Seven months later, after he reported to Kenyan police in May as part of his bail requirements, Gülen was detained again and deported to Turkey. “He had been completely illegally transferred without even a Kenyan court ruling,” says Nate Schenkkan, research director at Freedom House. “That’s a pretty obvious case of Interpol abuse.”
Gülen’s lawyers asked Interpol to remove the red notice in December, arguing it violated rules on political motivated notices. An expert witness argued that after the 2016 attempted coup Turkey had reopened charges that had been dropped in 2008. In July, Interpol stated that Gülen’s red notice had been removed. But it was too late for Gülen: he was already in Turkish custody and now faces multiple charges including for terrorism offences, according to local media. Gülen’s wife has called her husband’s detention and deportation from Kenya a kidnapping. “I have not heard from him since that day,” she said in a video.
The CCF is composed of eight specialists who usually meet every few months. In 2018, the most recent year for which data is available, it ruled that 48% of the 346 complaints it took forward had broken Interpol’s rules.
Interpol’s penalties for members flouting its rules include blocking countries from accessing its databases and supervising use of its systems for up to three months. It says these are “corrective measures”, not punishments, and have been in place since at least 2011.
Some countries are taking matters into their own hands to curtail abuse of Interpol’s processes. In the US, a bipartisan group in Congress based around the Helsinki Commission is seeking to pass the Transnational Repression Accountability and Prevention (Trap) Act, which was proposed in 2019 to restrict arrests based on Interpol red notices and prevent foreign governments from persecuting citizens abroad.
Interpol is ultimately governed by its members, which include countries that may seek to game the system. Next month, member states’ representatives will gather in Istanbul to elect the organisation’s next president. Among those vying for the position, and reportedly a frontrunner, is a controversial candidate: Ahmed Naser al-Raisi, a senior security official from the United Arab Emirates who is on Interpol’s executive committee. Human rights organisations and lawyers accuse Raisi of overseeing a “notoriously abusive” state security apparatus that has imprisoned dissidents and misused Interpol’s red notices. A report earlier this year for International Human Rights Advisors by David Calvert-Smith, a former British judge and director of public prosecutions, concluded: “Not only would an Emirati president of Interpol serve to validate and endorse the [UAE’s] record on human rights and criminal justice but, in addition, Maj Gen al-Raisi is unsuitable for the role. He sits at the very top of the Emirati criminal justice system [and] has overseen an increased crackdown on dissent, continued torture, and abuses in its criminal justice system.”
Kharis left prison in late 2018, after a US federal judge invoked evidence of Russia abusing Interpol procedures and of “serious flaws” in its wanted-persons system. Supporters in court cheered and hugged Kharis’s wife, Anna, who was in tears.
His release has not ended the judicial struggle, which one US congressman called a “harrowing tale of mistreatment”. Kharis was tracked with an electronic ankle monitor until this summer, an experience he called a constant walk of shame. His movements are restricted and monitored by GPS, while he awaits a decision on his asylum request, which was initially rejected.
Now based in Palo Alto, California, Kharis is trying to rebuild his life. He has set up a virtual restaurant company and works as an accountant. This summer he took his family on holiday in California. His judicial process rolls on, marbled with wins and losses. Last summer, nine months after Kharis’s appeal to Interpol and four years after his red notice was issued, Interpol told him his wanted status had been revoked. “I still think that Interpol does good,” he says. “But it’s too easy to abuse the system. We’re talking about people’s lives.”