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briefing
Dictators, Inc.
Monday, November 22, 2021Many 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
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statement
Remembering Sergei Magnitsky
Thursday, November 18, 2021Madam 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.
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hearing
Confronting Kremlin & Communist Corruption
Thursday, November 18, 2021The 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
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statement
Authoritarian Abuse of INTERPOL
Wednesday, November 17, 2021Mr. 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.
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press release
Helsinki Commission Alarmed by Attempted Liquidation of Memorial
Wednesday, November 17, 2021WASHINGTON—Following last week’s request by Russian prosecutors to liquidate the human rights group Memorial International and the Memorial Human Rights Center, 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 continue to see an alarming increase in attacks on civil society, opposition politicians, and independent media in Russia. Now the Kremlin actively seeks to dismantle Memorial, a respected network of organizations dedicated to revealing and preserving the history of Soviet repression and fighting for political prisoners in Russia today. Memorial’s efforts to defend truth and human rights are essential and must be protected for generations to come.” In 2015, the Memorial Human Rights Center was designated a “foreign agent.” This label has been applied in a derogatory way to numerous human rights groups, independent media organizations, and related individuals to stifle or completely stop their work in the country. In 2016, Memorial International, the parent organization of the Memorial Human Rights Center, also was designated a “foreign agent.” On November 11, Russia’s Supreme Court notified Memorial International that the General Prosecutor’s office was suing to dismantle the organization for alleged violations of Russia’s “foreign agent” laws. The Supreme Court hearing is scheduled to take place on November 25. Memorial Human Rights Center will come before the Moscow City Court on November 23 to face liquidation for alleged “justification” of extremism and terrorism in its materials. Memorial, established in the final years of the Soviet Union by dissidents including Andrei Sakharov, is one of the most respected and enduring human rights groups in the region. Its local chapters focus on preserving the truth about Soviet repressions, particularly under Stalin, and honoring the memories of those lost. Memorial also maintains a comprehensive database of current political prisoners in Russia and continues to advocate for the rights of the people of Russia, especially in the North Caucasus. The Helsinki Commission has convened numerous events featuring Memorial representatives.
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press release
Helsinki Commission Recalls Legacy of Sergei Magnitsky
Tuesday, November 16, 2021WASHINGTON—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.
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press release
Helsinki Commission Briefing to Probe Ties Between Corporations and Dictators
Tuesday, November 16, 2021WASHINGTON—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
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statement
REMEMBERING AND HONORING SERGEI MAGNITSKY
Tuesday, November 16, 2021Mr. 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.
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press release
Threat of Foreign Corruption to Be Explored at Helsinki Commission Hearing
Friday, November 12, 2021WASHINGTON—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
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press release
Helsinki Commission Supports Invocation of OSCE’s Vienna Mechanism in the Face of Sustained Human Rights Crisis in Belarus
Wednesday, November 10, 2021WASHINGTON—Following the invocation of the OSCE’s Vienna Mechanism to address the mounting human rights crisis in Belarus, 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: “One year after the release of a comprehensive, unbiased, and damning report detailing human rights abuses by the Lukashenko regime, Lukashenko has not simply failed to act on the report’s recommendations—he has intensified his brutal crackdown on those in Belarus who continue to fight for their fundamental freedoms. “Among its other commitments as an OSCE participating State, Belarus is bound to respect human rights and hold free and fair elections. By invoking the Vienna Mechanism, the United States and 34 other countries demand that the authorities in Belarus finally address the violations raised in the 2020 report and inform the international community about the steps the Lukashenko regime is taking to investigate those serious allegations. Ensuring human rights violators are held to account is of importance to us all.” In September 2020, 17 OSCE participating States, including the United States, invoked the OSCE’s Moscow Mechanism to investigate credible accounts of widespread human rights violations perpetrated in the aftermath of Belarus’ fraudulent August 2020 elections. The Moscow Mechanism allows a group of OSCE participating States to appoint independent experts to investigate a particularly serious threat to the fulfillment of human rights commitments in a participating State. On November 5, 2020, the Moscow Mechanism report substantiated numerous allegations of torture and repression and included recommendations and advice for the Government of Belarus, the OSCE, and the international community. Lukashenko’s government failed to cooperate with the investigation. On November 4, 2021, as a follow-up to the 2020 report, 35 OSCE participating States posed detailed questions to the Lukashenko regime via OSCE’s Vienna Mechanism, which obliges participating States to respond to formal requests for information from other States about serious human rights concerns. The commission convened a hearing on human rights in Belarus on September 21, 2021.
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hearing
Upholding OSCE Commitments in Hungary and Poland
Wednesday, November 03, 2021Political leaders in Hungary and Poland—U.S. allies and members of the European Union—have for the past decade pursued policies that undermine democracy and the rule of law. In Hungary, the Fidesz government has weakened the country’s democratic institutions, especially the free media and independent judiciary. Instead of strengthening the transatlantic bond, Viktor Orbán has sought closer ties with Russia and China. In Poland, the ruling coalition has taken steps to compromise judicial independence and limit free expression. In this hearing, witnesses examined the erosion of democratic norms in Hungary and Poland and discussed the implications for U.S. foreign policy. Helsinki Commission Chairman Sen. Ben Cardin (MD) began the hearing by addressing the need to help safeguard the freedoms that both Poland and Hungary have fought so hard for, and that form the basis of the OSCE. He then addressed the downward trajectory of democracies in both countries, emphasizing Hungary as a particular concern. In his opening remarks, Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) emphasized the importance of democracy to all freedom loving people, and that while both Poland and Hungary are critical allies to the United States, the erosion of democratic norms in both countries is of serious concern. Co-Chairman Cohen highlighted the use of xenophobic, antisemitic and Islamophobic rhetoric as a mechanism to maintain political power in Hungary, and the collapse of the judicial system in Poland as examples of de-democratization in both countries. He concluded by stating that the United States should expect better of their allies and of members of the European Union. Zselyke Csaky, Research Director, Europe & Eurasia at Freedom House, testified about the key differences between Poland and Hungary and their decline as democracies. She first noted that while Poland remains a democracy and Hungary is now reclassified as a hybrid regime, the democratic decline of Poland is occurring at a faster rate than that of Hungary. She suggested that state capture of the media, judiciary, civic sector, and elections play a key role in the democratic backsliding of both countries. Ms. Csaky then concluded that while any decisions on the governments of Hungary and Poland will be determined by their respective electorates, the United States should uphold strategic, long term commitments supporting the EU, and help to strengthen the civic and media sectors. In his testimony, Dalibor Rohac, Senior Fellow at the American Enterprise Institute, expressed his concern over the authoritarian nature of the Hungarian and Polish governments. In particular, he called attention to the de-facto end of constitutional review, limited access to diverse media, and extraordinary rise in corruption in Hungary. Mr. Rohac closed by stressing the need for support from the United States to be bipartisan and narrow in focus. Heather Conley, Senior Vice President for Europe, Eurasia, and the Arctic at CSIS and incoming President at the German Marshall Fund, began her testimony by maintaining that while democracy in Poland and Hungary are examples of foreign policy accomplishments, both Poland and Hungary should be held accountable for their governments’ behavior in undermining democracy at home and abroad. Ms. Conley emphasized Hungary’s growing relationship with China, and the need to determine if Hungary is at the level of commitment too maintain the secrecy of a NATO member. She recommended that the United States remain engaged in its investment in both countries but do so through bipartisan and firm policy. Following the conclusion of the witness statements, Chairman Cardin acknowledged that Poland and Hungary are two separate countries with different priorities but addressed what the two have in common. While Poland and Hungary are different cases, he noted, there is a need to address disturbing trends in countries with which the United States has deep ties. “We have to look for way to strengthen the values that make our relationship so important,” he said. “I think America can play an important role here, and that Congress can play an important role.” Related Information Witness Biographies
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article
Fighting Impunity for Crimes Against Journalists
Tuesday, November 02, 2021By Arwen Struthers, Max Kampelman Fellow In 2013, the United Nations General Assembly declared November 2 International Day to End Impunity for Crimes Against Journalists to commemorate the lives of Claude Verlon and Ghislaine Dupont, two journalists who were kidnapped and killed in a targeted attack on that day. Since their deaths, their killers have walked free with complete impunity; there is no justice in sight. Unfortunately, cases where authorities respond to crimes against journalists with impunity for the perpetrators rather than justice for the victims are not outliers. The Committee to Protect Journalists reports that “in over eight out of 10 cases where a journalist has been targeted for murder, their killers go free.” Impunity often extends beyond cases where journalists are murdered to failure to conduct a proper investigation into other crimes against journalists, such as threats and non-fatal attacks. Complete impunity is not uncommon and presents one of the greatest challenges for media freedom advocates and democratic states around the world today. Freedom of expression and free press are core democratic principles that protect individual liberties, promote discussion in public squares, and contribute to the spread of information. The harmful, cyclical nature of impunity endangers states and individuals as it impedes upon media freedom, violates human rights, and threatens democratic values. Natalya Estemirova Natalya Estemirova was a Russian investigative journalist and a leading defender of human rights in Chechnya for nearly two decades. Despite threats from local authorities, she dedicated her life to calling out injustice. She regularly reported on abuses and violations committed by authorities at the national and local level, and her work was published by sources like Novaya Gazeta and Kavkazsky Uzel. In 2006, she met with the Helsinki Commission to share her findings on human rights violations. On July 15, 2009, Natalya Estemirova was abducted and murdered. Over 12 years later, little has been done to bring her killers to justice. On August 31, 2021, the European Court of Human Rights ruled that the Russian government failed to properly investigate her murder. There has been no conviction and those involved in the murder of Natalya Estemirova continue to walk free. The Dangers of Impunity Across the globe, impunity jeopardizes journalists and the media environments in which they operate. It is both a symptom of broader systemic problems in states, as well as an environmental contributing factor which encourages further crimes against journalists. In an October 2021 Helsinki Commission hearing on media freedom in the OSCE region, OSCE Representative on Freedom of the Media Teresa Ribeiro explained that examining individual cases of crimes against journalists and addressing each as it arises is not enough. To best tackle the problems created by violations of media freedom and attacks on journalists, human rights advocates must examine the broader picture. When discussing cases of crimes against journalists, Ribeiro said, “All combined, they all create a landscape, an atmosphere, that silence[s] all the critical voices.” Crimes against journalists are often efforts to censor journalists who are bringing attention to injustice and corruption. By examining the broader picture rather each individual crime against the press, deeply rooted issues – such as government corruption and authoritarianism - will be exposed. To protect journalists in the future, these issues must be addressed first. At the same hearing, Robert Mahoney, the Deputy Executive Director of the Committee to Protect Journalists, explained that the failure to administer justice not only creates a landscape where there are fewer voices expressing themselves, but also encourages more crimes against journalists in the future. “Impunity will only send a message that journalists’ lives are cheap and that those – whether it’s criminal gangs or whether it’s governments – that want to silence them can, for a few thousand dollars, hire an assassin and get rid of the problem,” he said. Impunity demonstrates to other journalists they may be freely targeted by those they criticize without any protection from the law. It creates a painful choice: are they bullied into silence or do they risk their lives? Yesterday, Today, and Tomorrow One of the most important tools that can be used to help end impunity is multilateral, multi-level pressure. When international organizations and their members, such as the OSCE and its participating States, put pressure on those countries where authorities fail to adequately respond to crimes against journalists, they begin to break the dangerous cycle. Failing to call out impunity as injustice further feeds the emboldening cycle of impunity, but consistent pressure from outside forces can help that cycle crack. Domestic pressure also can have an impact. In February 2018, investigative journalist Ján Kuciak and his fiancée Martina Kušnírová were killed in a targeted attack in Slovakia. In response, the people of Slovakia took to the streets in protest of his death, resulting in the resignation of several top government officials. A Slovakian Supreme Court decision in June 2021 overturned the acquittal of two suspects, ruling that the lower court did not properly examine the evidence. The government’s response to the protests and pressure from the international community—its willingness to continue to prosecute those involved in the murders—demonstrates that external pressure works in putting a stop to impunity. In this case, there is hope that justice is on the horizon. When local communities, countries, and multilateral organizations all maintain pressure upon individual countries for their human rights and media freedom failures, governments who enable or are responsible for crimes against journalists begin to feel the heat. 2021 Nobel Peace Prize winner Dmitry Muratov, the editor-in-chief of Novaya Gazeta, dedicated his award to his slain colleagues, including Natalya Estemirova. In a 2009 Helsinki Commission briefing, Muratov said, “In any encounter with representatives of the Russian political establishment and government, please, bring up this meeting. Please ask these uncomfortable questions.” Joining forces with other defenders of media freedom and human rights and calling attention in public spaces to the failings of countries is one way to effectively combat impunity and protect journalists. On International Day to End Impunity for Crimes Against Journalists, supporters of media freedom should affirm their commitment to protecting the media and fighting against impunity crimes against journalists. To ensure that the work done by journalists around the world – the work done by Natalya Estemirova and others like her – will not be silenced, governments must lend their support and protection.
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press release
Helsinki Commission to Hold Hearing on Upholding OSCE Commitments in Hungary and Poland
Wednesday, October 27, 2021WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: UPHOLDING OSCE COMMITMENTS IN HUNGARY AND POLAND Wednesday, November 3, 2021 2:30 p.m. Dirksen Senate Office Building Room 419 Watch live: www.youtube.com/HelsinkiCommission Political leaders in Hungary and Poland—U.S. allies and members of the European Union—have for the past decade pursued policies that undermine democracy and the rule of law. In Hungary, the Fidesz government has weakened the country’s democratic institutions, especially the free media and independent judiciary. Instead of strengthening the transatlantic bond, Viktor Orbán has sought closer ties with Russia and China. In Poland, the ruling coalition has taken steps to compromise judicial independence and limit free expression. Witnesses will examine the erosion of democratic norms in Hungary and Poland and discuss the implications for U.S. foreign policy. The following witnesses are scheduled to testify: Heather A. Conley, Senior Vice President for Europe, Eurasia, and the Arctic, Center for Strategic and International Studies Zselyke Csaky, Research Director, Europe & Eurasia, Freedom House Dalibor Rohac, Senior Fellow, American Enterprise Institute
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in the news
Experts raise alarm bells in Congress over ‘Europe’s most contested domain’
Wednesday, October 27, 2021With a handful of frozen conflicts, hybrid warfare, rising autocracy, and political instability, the Black Sea region may be Europe’s most volatile and most overlooked. This week, policy experts are testifying in Congress and calling for the United States to step up its involvement in the Black Sea region, a critical geopolitical crossroads where U.S. allies and adversaries coexist. “The region is Europe’s most contested domain,” said Ian Brzezinski, a former deputy assistant Defense secretary for Europe and NATO who testified to Congress on Wednesday. “It’s where you have the most intense confrontation and the most violent conflict in Europe in the last decade and a half. It’s high time we start addressing what needs to be done to bring greater peace and stability to that region,” Brzezinski told National Journal. Last week, Russian fighter jets intercepted two U.S. bombers over the Black Sea while Defense Secretary Lloyd Austin was visiting Romania, a member of the European Union and a NATO ally that hosts nearly 1,000 U.S. servicemembers. During his trip, Austin also visited two other Black Sea countries, Georgia and Ukraine, a move many saw as a sign that the U.S. was beginning to focus on the region ahead of a key NATO ministerial meeting. High on the agenda during Wednesday’s congressional hearing, however, was the U.S. relationship with Turkey, a NATO ally that under President Recep Tayyip Erdoğan has had an increasingly fraught relationship with the West. Despite being part of the Western military alliance, Turkey has consistently opposed strengthening NATO’s presence in the Black Sea and courted Russia, opting to purchase a Russian missile-defense system that military experts say poses a risk to NATO equipment. “We have got to repair our relationship with Turkey. It’s not impossible. Erdoğan is a deal-maker,” said Jim Townsend, a senior fellow at the Center for a New American Security and former deputy assistant Defense secretary European and NATO policy, who also testified Wednesday. Over the weekend, Erdoğan ordered the country’s Foreign Ministry to declare 10 ambassadors, including the U.S. ambassador to Turkey, persona non grata after they called for the release of an imprisoned civil-society leader named Osman Kavala. Erdoğan later walked back the statement, but the incident highlighted the volatility of Turkey’s relationship with the West. “Because Turkey is pursuing its own Russia-friendly policy and is often antagonistic towards the U.S., that makes our Black Sea policy so much more difficult,” said Ariel Cohen, a senior fellow at the Atlantic Council’s Eurasia Center, who argues that NATO allies should be more active in the region. Sen. Ben Cardin, the chair of the Helsinki Commission, said the U.S. and Turkey share many interests in the Black Sea region but that shouldn’t stop Washington from speaking out on human rights. “Mr. Kavala, a Turkish philanthropist, has been in detention for four years despite being acquitted by a Turkish court," Cardin said in an email. "In their joint statement, the ambassadors simply asked that Turkey adhere to its international obligations and domestic law. “This kind of straight talk is important among NATO allies and did not warrant such a disproportionate response.” Despite the tensions with Turkey, Russia is the primary adversary in the region. Many lawmakers note that Moscow has trampled the rules-based international order by invading its neighbors and propping up separatists to prevent countries along the Black Sea from forming closer ties with the West. Russian forces currently occupy around 20 percent of Georgian territory and support separatists in the breakaway regions of Abkhazia and South Ossetia. They also annexed Ukraine’s Crimean Peninsula in 2014—in large part to maintain access to the Black Sea—and support pro-Russian separatists in Eastern Ukraine. Sen. Jeanne Shaheen, chair of the Senate Foreign Relations subcommittee on Europe, said she convened Wednesday’s hearing to learn how lawmakers can holistically approach the region to address patterns of Russian encroachment. “Over the last two decades, the Black Sea has become an increasingly important region for Russia, which has repeatedly disregarded international norms to expand control of the region, waging war and deploying illegal and belligerent tactics to secure these goals,” Shaheen told National Journal. “Russia has made it clear that it is willing to exert economic, military, and political power to thwart NATO expansion and expand its control in the Black Sea.” Experts are arriving in Congress with a laundry list of recommendations, including building up Bulgaria's and Romania’s navies, sending brigade combat teams to both countries, investing in initiatives to counter Russian disinformation, and providing Ukraine with more lethal weaponry. Some are advocating for the creation of a NATO readiness action plan for the Black Sea, and for moving forward with NATO membership for Ukraine and Georgia. Both countries are angling to join the Western military alliance. Still, the alliance’s commitment to collective defense prevents countries already in a state of conflict from entering, a fact that Russia exploits. Because Georgia is not yet a NATO member, the U.S. recently renewed a six-year security pact with Tbilisi designed to bolster the defense capabilities of the country’s military. The U.S. is moving away from training battalions in Georgia and will focus instead on building sustainable institutional capabilities at the executive levels of the military. Still, experts warn that nearly all the countries in the region are dealing with political instability, Russian interference, or both. Georgia, heading for a second round of local elections on Saturday, has been accused of Democratic backsliding. Romania and Bulgaria, both EU members, are also in contentious election cycles and debates over government formation that will determine their future political trajectories. Ruslan Trad, an author researching Russian influence in Bulgaria, told National Journal there are several popular pro-Russian political movements in Bulgaria. Russian spies are active in the country and allegedly monitored European Union leaders during their visits. There’s also an urgent need to counter Russian disinformation and anti-NATO propaganda in the country, Trad said. What’s most important, said Ben Hodges, a retired lieutenant general now at the Center for European Policy Analysis, is to have a robust strategy for the entire region. “Having a strategy for the region has to be the first priority because then you can develop the right policies for each of the countries in the region,” Hodges said. The Biden administration is now working on a global-force-posture review, which should shed light on U.S. policy towards the region, and the State Department is also developing a Black Sea strategy. Alina Polyakova, the president of CEPA and another witness in Wednesday’s hearing, said it would be important to pinpoint the specific areas in which each partner country in the region can contribute to broader security. “The Black Sea region is critical to broader transatlantic stability,” Polyakova told senators. “It is where Russia, Europe, the Middle East, the Balkans, and the Caucasus come together, and it’s also the locus of the Kremlin’s test of the alliance’s credibility and resolve.”
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in the news
Russia Slams 'Maniacal' U.S. Attempt to Sanction Country's Elites
Wednesday, October 13, 2021U.S. lawmakers' proposal to sanction members of Russia's elite over alleged human rights violations has been called "maniacal" by Moscow's envoy to Washington, D.C. Anatoly Antonov's remark come as diplomatic maneuvering continues between the U.S. and Russia to resolve a stand-off over embassy staff at missions in both countries. The Magnitsky Act authorizes the U.S. government freeze assets, and ban those suspected of human rights offences—was invoked by Tom Malinowski, a Democrat Representative and John Curtis (R-UT) last month in an amendment to the defense budget bill. Their amendment calls on the Biden administration to determine within 180 days whether 35 Russian officials and prominent figures meet the criteria to be sanctioned under the act. On the proposed blacklist are Kremlin spokesman Dmitry Peskov, the owner of Chelsea soccer club, Roman Abramovich, and prime minister Mikhail Mishustin. In response to a media question about the move, Antonov said the "maniacal persistence of local legislators trying to bring down Russian-American relations is bewildering," and that the "attempt to impose restrictions on 35 Russians under a completely contrived pretext is a clear example of this." He said that the motive was "to create among the voters the illusion of 'fighting the enemies of America'...instead of dealing with the urgent problems of its own country." "We call on members of Congress to abandon destructive approaches," he added in comments reported by state news agency Tass. Helsinki Commission Chairman Sen. Ben Cardin (D-MD) and ranking Member Sen. Roger Wicker (R-MS) have also introduced a measure on October 8 also requiring the Biden administration to evaluate the 35 figures for sanctions. Russian media outlets reported the proposed sanctions list in September although emphasized the process was in its early stages and that even if it is passed by Congress, it would still need to be backed by the administration of President Joe Biden. The list had been provided to the U.S. government and the EU in February by the Anti-Corruption Foundation, or FBK, linked to jailed opposition politician Alexei Navalny, which has since been declared an extremist organisation by a Russian court. Navalny's poisoning by Novichok nerve agent was blamed on the Kremlin although it denied responsibility. In the aftermath of his poisoning and jailing, U.S sanctions were imposed but the opposition activist's group has alway called for tougher measures for those in the inner circle of President Vladimir Putin. Meanwhile, on Wednesday, Russia's Deputy Foreign Minister Sergey Ryabkov called for a truce of sorts over a spat over staffing at the U.S. embassy in Moscow. Consular services at the American mission have been hindered after Russia banned it from employing local staff as part of tit-for-tat sanctions. "The Russian side stressed that hostile anti-Russian actions would not remain without retaliation, but Moscow did not seek further escalation," Ryabkov said in a statement reported by Tass. The issue was discussed during a meeting with U.S. Under Secretary of State for Political Affairs, Victoria Nuland whose three-day visit to Moscow will also include talks with Putin's foreign policy adviser Yury Ushakov, according to the Kremlin. Newsweek has contacted the State Department for comment.
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in the news
Russia Slams 'Maniacal' U.S. Attempt to Sanction Country's Elites
Wednesday, October 13, 2021U.S. lawmakers' proposal to sanction members of Russia's elite over alleged human rights violations has been called "maniacal" by Moscow's envoy to Washington, D.C. Anatoly Antonov's remark come as diplomatic maneuvering continues between the U.S. and Russia to resolve a stand-off over embassy staff at missions in both countries. The Magnitsky Act authorizes the U.S. government freeze assets, and ban those suspected of human rights offences—was invoked by Tom Malinowski, a Democrat Representative and John Curtis (R-UT) last month in an amendment to the defense budget bill. Their amendment calls on the Biden administration to determine within 180 days whether 35 Russian officials and prominent figures meet the criteria to be sanctioned under the act. On the proposed blacklist are Kremlin spokesman Dmitry Peskov, the owner of Chelsea soccer club, Roman Abramovich, and prime minister Mikhail Mishustin. In response to a media question about the move, Antonov said the "maniacal persistence of local legislators trying to bring down Russian-American relations is bewildering," and that the "attempt to impose restrictions on 35 Russians under a completely contrived pretext is a clear example of this." He said that the motive was "to create among the voters the illusion of 'fighting the enemies of America'...instead of dealing with the urgent problems of its own country." "We call on members of Congress to abandon destructive approaches," he added in comments reported by state news agency Tass. Helsinki Commission Chairman Sen. Ben Cardin (D-MD) and ranking Member Sen. Roger Wicker (R-MS) have also introduced a measure on October 8 also requiring the Biden administration to evaluate the 35 figures for sanctions. Russian media outlets reported the proposed sanctions list in September although emphasized the process was in its early stages and that even if it is passed by Congress, it would still need to be backed by the administration of President Joe Biden. The list had been provided to the U.S. government and the EU in February by the Anti-Corruption Foundation, or FBK, linked to jailed opposition politician Alexei Navalny, which has since been declared an extremist organisation by a Russian court. Navalny's poisoning by Novichok nerve agent was blamed on the Kremlin although it denied responsibility. In the aftermath of his poisoning and jailing, U.S sanctions were imposed but the opposition activist's group has alway called for tougher measures for those in the inner circle of President Vladimir Putin. Meanwhile, on Wednesday, Russia's Deputy Foreign Minister Sergey Ryabkov called for a truce of sorts over a spat over staffing at the U.S. embassy in Moscow. Consular services at the American mission have been hindered after Russia banned it from employing local staff as part of tit-for-tat sanctions. "The Russian side stressed that hostile anti-Russian actions would not remain without retaliation, but Moscow did not seek further escalation," Ryabkov said in a statement reported by Tass. The issue was discussed during a meeting with U.S. Under Secretary of State for Political Affairs, Victoria Nuland whose three-day visit to Moscow will also include talks with Putin's foreign policy adviser Yury Ushakov, according to the Kremlin. Newsweek has contacted the State Department for comment.
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press release
Cardin and Cohen Laud 2021 Nobel Peace Prize Award to Investigative Reporters
Friday, October 08, 2021WASHINGTON—Following the award of the 2021 Nobel Peace Prize to journalists Maria Ressa of the Philippines and Dmitry Muratov of Russia “for their efforts to safeguard freedom of expression, which is a precondition for democracy and lasting peace,” Helsinki Commission Chairman Sen. Ben Cardin (MD) and Co-Chairman Rep. Steve Cohen (TN-09) issued the following joint statement: “We congratulate the winners of the 2021 Nobel Peace Prize, Maria Ressa and Dmitry Muratov, and applaud the Nobel Committee for recognizing the courage of these journalists and their contributions to democracy and peace. Maria, Dmitry, and their colleagues are beacons of truth—without a free press, democracy is doomed, economies suffer, and peace is imperiled. “That this award comes just after the 15-year anniversary of the murder of Novaya Gazeta journalist Anna Politkovskaya and three years after the murder of Washington Post columnist Jamal Khashoggi solemnly reminds us of the dangers journalists face, particularly in authoritarian states.” Later this month, the Helsinki Commission will hold a hearing to call attention to the growing attacks on free media and underscore the importance of investigative journalism. Muratov is the longtime editor-in-chief of Novaya Gazeta, an independent Russian newspaper widely respected for its hard-hitting investigative journalism. Novaya Gazeta journalists routinely have been targeted by the authorities for their work and even murdered with impunity. Muratov dedicated his Nobel Prize award to his slain Novaya Gazeta colleagues Igor Domnikov, Yuri Shchekochikhin, Anna Politkovskaya, Stanislav Markelov, Anastasiya Baburova, and Natalya Estemirova. In a November 2009 Helsinki Commission briefing on violence against journalists and impunity in Russia, Muratov, who provided testimony, said, “I would like to ask you a huge favor. In every meeting, in any encounter with representatives of the Russian political establishment and government, please, bring up this meeting. Please ask these uncomfortable questions. Please try not to be too polite.” Ressa is a Filipino-American journalist and co-founder and CEO of Rappler, a Philippine news website. Ressa was included in Time Magazine's 2018 Person of the Year as one of a collection of journalists from around the world, collectively branded “Guardians of Truth.” In 2019, she was awarded the Sergei Magnitsky Award for Outstanding Investigative Journalist, presented by international human rights lawyer Amal Clooney. In 2020, she was convicted of trumped-up “cyberlibel” charges by the Philippine government.
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press release
Chairman Cardin and Ranking Member Wicker Introduce Bill to Sanction Navalny 35
Friday, October 08, 2021WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker yesterday introduced a measure that would require the administration to evaluate the Navalny 35 for Global Magnitsky sanctions. The Navalny 35 are a group of 35 Russian kleptocrats and human rights abusers who Alexey Navalny's Anti-Corruption Foundation has identified as those primarily responsible for looting the Russian state and repressing human rights in Russia. “Corruption is an urgent national security threat. As revealed by the Pandora Papers, global kleptocrats are pushing dirty money into our system and those of our allies with the help of unscrupulous American enablers. No kleptocrats more obviously use corruption as a foreign policy tool than those named by Alexey Navalny. This measure will ensure that we are protecting our system against the taint of corruption and standing with the victims of kleptocracy in Russia,” said Chairman Cardin. “Alexey Navalny languishes today in a Russian jail cell, unjustly imprisoned by Putin. The United States must ensure it does not overlook Russia’s malign oppression abroad as well as its historic repression at home. The least we can do is make sure that known kleptocrats and human rights abusers are denied access to our shores and financial system,” said Sen. Wicker. Chairman Cardin and Sen. Wicker had previously encouraged President Biden to sanction the Navalny 35. The measure already has been passed by the House of Representatives as part of the House defense bill, where it was led by Representatives Tom Malinowski and John Curtis, co-chairs of the Caucus against Foreign Corruption and Kleptocracy. Multiple individuals on the Navalny 35 list were also named in the Pandora Papers investigation, including Konstantin Ernst and Gennady Timchenko. In remarks introducing the legislation, Chairman Cardin said, “Foreign dictators, their associates, and other foreign officials have stolen untold sums—billions of dollars—and moved that dirty money into our democracies, into real estate, bank accounts, trusts, and other financial instruments.…Although kleptocrats may steal abroad, to taint our political system with that money requires the assistance of enablers--American lawyers, accountants, trust, and company service providers, real estate professionals, and the like—who put aside any moral qualms they may have about working for the enemies of democracy to obtain a small slice of the ill-gotten gains. “It is the tragedy of the post-Cold War world that corruption has come west along with dirty money rather than democracy going east. There are names in the [Pandora Papers] that also come as no surprise—Putin cronies Konstantin Ernst and Gennady Timchenko are both named. Both are included on Alexey Navalny's list of 35 human rights abusers and kleptocrats. Timchenko is already under U.S. sanctions, though Ernst is not. Now would be a good time to consider sanctions on him.” Chairman Cardin is the author of the Global Magnitsky Human Rights and Accountability Act, which gives the United States the power to deny travel and banking privileges to individuals who commit gross violations of human rights against rights defenders and dissidents, and leaders who commit acts of significant corruption.
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press release
Helsinki Commission Regrets Closure of OSCE Observer Mission at Russian Checkpoints Gukovo and Donetsk
Friday, October 01, 2021WASHINGTON—In light of yesterday’s termination of the activities of the OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk on the Russian-Ukrainian border, 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: “By forcing the closure of the OSCE Observer Mission on Ukraine’s border, despite clear and continued support from other OSCE States for the mission, the Kremlin is once again trying to blind the international community to the reality of its aggression against Ukraine. The mission regularly observed and reported suspicious movements at the border. “Rather than blocking OSCE instruments, Russia needs to cease its war against Ukraine, including reversing its illegal occupation of Crimea.” The OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk was intended to build confidence through increased transparency by observing and reporting on the situation at the international border between Ukraine and Russia. Russia had previously imposed severe restrictions on the observer mission, including limiting movement and prohibiting the use of binoculars or cameras. Despite these limitations, the mission reported on the movements of more than 24 million people since beginning operations in 2014. It observed more than 100 Russian convoys, along with individuals in military apparel and thousands of other vehicles, crossing the uncontrolled border.
Yuriy Yatsenko is an activist of the Euromaidan who was illegally imprisoned in Russia on political grounds and recently released. This is a shortened version of his testimony before the US Helsinki Commission in Washington on December 11, 2015.
I am a Ukrainian citizen who was illegally arrested and detained by the Russian Federation for over a year for political reasons. Nadiya Savchenko, Oleg Sentsov and others who are less known have suffered and continue to suffer the same fate.
In May 2014, I was in Russia's Kursk region with a friend on a business trip. During a routine document check that Russian police officers often practice, I was detained.
At the police department, an FSB (Russian Federal Security Service) agent showed me a photograph of myself taken during the Euromaidan protests, which I suspect he had found on social media.
The agent demanded that my friend and I provide false testimony; he wanted us to admit that we had been recruited by Right Sector or by the head of the Security Service of Ukraine to commit acts of terrorism in Russia.
At the time, I was an ordinary student from western Ukraine and could not believe that such absurd accusations were being made against me. My western Ukrainian origin became an additional reason for Russian law enforcement personnel to harass me.
After we refused to incriminate ourselves, they began beating us at regular intervals. We were also offered an option of going on Russian TV and giving a predetermined speech about being sent to Russia from Ukraine to commit subversive acts, but instead we turned to the FSB for protection to save us from the Ukrainian authorities and their persecution.
We refused, so the harassment continued and turned into physical and psychological abuse. One FSB official threatened to hand me over to the president of Chechnya.
At first, the abuse and the beatings were constant. I was regularly placed in punishment cells and solitary confinement.
I remember one particularly brutal instance. Some special forces soldiers, wearing masks and uniforms bearing no insignia other than the colors of the Russian flag, put a bag over my head, took me into the woods and tortured me.
They hanged me by my handcuffs for hours and beat me in the head, groin and other parts of the body. They strangled me. They also simulated an execution, firing a gun next to my head.
The next morning, which was two weeks after my arrest, I used a shaving blade to cut my abdomen and the veins on my arms to stop this abuse. Only then was I taken to the hospital; there, I finally managed to inform my family about my whereabouts.
Despite a court decision ordering our deportation, my friend and I were illegally kept at a special detention center for illegal immigrants for three months. During this period, beatings and torture were constant. Three months later, my friend was released and taken to the Ukrainian border, while I was suddenly charged with possessing explosives.
The court found me guilty in spite of the absurdity of these accusations and the absence of any evidence. At first, I was sentenced to two years in prison, but an appeals court reduced the sentence to nine months. By that time, I had already spent a year in detention, so I was released.
The fact that I'm free now is a testament to the publicity campaigns, international pressure and coordinated work of human rights advocates and lawyers.
When I was in detention, guards informed me from time to time that another article about my case appeared in the press, or that another press conference dedicated to my case was held. They seemed to be alarmed by this activism, and kept saying that it should be stopped, that everything should be "done quietly."
That is why public events in support of prisoners are extremely important; they signal to the repressive regime that it is being watched closely and that none of the prisoners are forgotten.
At least 13 Ukrainians are detained illegally somewhere in the Russian Federation, and at least eight prisoners are being held in occupied Crimea, both Ukrainians and Crimean Tatars.
The criminal cases against them are fabricated, most have been brutally tortured and some have been deprived of their right to meet with an attorney or a Ukrainian consul for over a year. These are people of various ages, professions and politics, but they share one thing—their lives have become an instrument of Russian state-sponsored propaganda that has created the image of Ukraine as a mortal enemy.
Kremlin officials constantly look for ways to justify their hybrid war in Ukraine, which is why innocent Ukrainian citizens are proclaimed to be terrorists, spies and fascists.
I appeal to you on behalf of the #LetMyPeopleGo campaign. There are no independent courts in Russia; this is why politically motivated cases have no chance of being decided fairly. Only international pressure can help achieve the release of those detained.
We are waiting for the return of Savchenko, Olexandr Kolchenko, Sentsov, Gennadiy Afanasiev, Olexii Chirnii, Sergiy Lytvynov, Mykola Karpiuk, Stanislav Klyh, Olexandr Kostenko, Haiser Dzhemilev, Yurii Soloshenko, Valentyn Vyhyvskii and Viktor Shur.
We also demand that Russia stop occupying Crimea and that Akhtem Chyihoz, Ali Asanov, Mustafa Dehermendzhy, Yuriy Ilchenko, Ruslan Zaytullaev, Nuri Primov, Rustam Vaytov and Ferat Sayfullaev be freed.
It is likely that this list is incomplete. Nevertheless, we demand that Russia release all of its prisoners who have been subject to politically motivated persecution.