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U.S. Lawmakers Seek to Criminalize Doping in Global Competitions
The New York Times
Rebecca R. Ruiz
Tuesday, June 12, 2018

United States lawmakers took a step on Tuesday toward criminalizing doping in international sports, introducing a bill in the House that would attach prison time to the use, manufacturing or distribution of performance-enhancing drugs in global competitions.

The legislation, inspired by the Russian doping scandal, would echo the Foreign Corrupt Practices Act, which makes it illegal to bribe foreign officials to gain a business advantage. The statute would be the first of its kind with global reach, empowering American prosecutors to act on doping violations abroad, and to file fraud charges of a different variety than those the Justice Department brought against top international soccer officials in 2015.

Although American leagues like Major League Baseball would not be affected by the legislation, which would apply only to competitions among countries, it could apply to a league’s athletes when they participate in global events like the Ryder Cup, the Davis Cup or the World Baseball Classic.

The law would establish America’s jurisdiction over international sports events, even those outside of the United States, if they include at least three other nations, with at least four American athletes participating or two American companies acting as sponsors. It would also enhance the ability of cheated athletes and corporate sponsors to seek damages, expanding the window of time during which civil lawsuits could be filed.

To justify the United States’ broader jurisdiction over global competitions, the House bill invokes the United States’ contribution to the World Anti-Doping Agency, the global regulator of drugs in sports. At $2.3 million, the United States’ annual contribution is the single largest of any nation. “Doping fraud in major international competitions also effectively defrauds the United States,” the bill states.

The lawmakers behind the bill were instrumental in the creation of the 2012 Magnitsky Act, which gave the government the right to freeze financial assets and impose visa restrictions on Russian nationals accused of serious human rights violations and corruption. On Tuesday, the lawmakers framed their interest in sports fraud around international relations and broader networks of crime that can accompany cheating.

“Doping fraud is a crime in which big money, state assets and transnational criminals gain advantage and honest athletes and companies are defrauded,” said Sheila Jackson Lee, Democrat of Texas, who introduced the legislation on Tuesday. “This practice, some of it state-sanctioned, has the ability to undermine international relations, and is often connected to more nefarious actions by state actors.”

Along with Ms. Jackson Lee, the bill was sponsored by two other congressional representatives, Michael C. Burgess, Republican of Texas, and Gwen Moore, Democrat of Wisconsin.

It was put forward just as Russia prepares to host soccer’s World Cup, which starts Thursday. That sporting event will be the nation’s biggest since the 2014 Sochi Olympics, where one of the most elaborate doping ploys in history took place.

The bill, the Rodchenkov Anti-Doping Act, takes its name from Dr. Grigory Rodchenkov, the chemist who ran Russia’s antidoping laboratory for 10 years before he spoke out about the state-sponsored cheating he had helped carry out — most notoriously in Sochi. At those Games, Dr. Rodchenkov said, he concealed widespread drug use among Russia’s top Olympians by tampering with more than 100 urine samples with the help of Russia’s Federal Security Service.

Investigations commissioned by international sports regulators confirmed his account and concluded that Russia had cheated across competitions and years, tainting the performance of more than 1,000 athletes. In early 2017, American intelligence officials concluded that Russia’s meddling in the 2016 American election had been, in part, a form of retribution for the Olympic doping scandal, whose disclosures Russian officials blamed on the United States.

Nations including Germany, France, Italy, Kenya and Spain have established criminal penalties for sports doping perpetrated within their borders. Russia, too, passed a law in 2017 that made it a crime to assist or coerce doping, though no known charges have been brought under that law to date.

Under the proposed American law, criminal penalties for offenders would include a prison term of up to five years as well as fines that could stretch to $250,000 for individuals and $1 million for organizations.

“We could have real change if people think they could actually go to jail for this,” said Jim Walden, a lawyer for Dr. Rodchenkov, who met with the lawmakers as they considered the issue in recent months. “I think it will have a meaningful impact on coaches and athletes if they realize they might not be able to travel outside of their country for fear of being arrested.”

The legislation also authorizes civil actions for doping fraud, giving athletes who may have been cheated in competitions — as well as corporations acting as sponsors — the right to sue in federal court to recover damages from people who may have defrauded competitions.

Ms. Jackson Lee cited the American runner Alysia Montaño, who placed fifth in the 800 meters at the 2012 Summer Olympics. Two Russian women who placed first and third in that race were later disqualified for doping, elevating Ms. Montaño years later. “She had rightfully finished third, which would have earned her a bronze medal,” Ms. Jackson Lee said, noting the financial benefits and sponsorships Ms. Montaño could have captured.

The bill would establish a window of seven years for criminal actions and 10 years for civil lawsuits. It also seeks to protect whistle-blowers from retaliation, making it illegal to take “adverse action” against a person because he or she has disclosed information about doping fraud.

Dr. Rodchenkov, who has lived in the United States since fall 2015, has been criminally charged in Russia after he publicly deconstructed the cheating he said he carried out on orders from a state minister.

“While he was complicit in Russia’s past bad acts, Dr. Rodchenkov regrets his past role in Russia’s state-run doping program and seeks to atone for it by aiding the effort to clean up international sports and to curb the corruption rampant in Russia,” Ms. Jackson Lee said, calling Tuesday’s bill “an important step to stemming the tide of Russian corruption in sport and restoring confidence in international competition.”

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    On behalf of Chairman Chris Smith, CSCE Chief of Staff Dorothy Taft addressed Alexandr Nikitin’s personal legal case against the Russian government for his dedication to environmentalism.  Nikitin called speaks of the government’s harassment of grassroots advocates in Russia and their repeated failure to find him guilty in court. Alexandr Nikitin spoke of his prolonged legal case, which was reopened three times, and expressed his desire to help others who find themselves in similar situations with Russian law. He also addressed Russia’s abolishment of the State Committee to Protect the Environment and the overall lack of environmentalism in Russia.

  • Religious Liberty: The Legal Framework in Selected OSCE Countries

    At the briefing, an in-depth study examining the religious liberties laws and constitutional provisions of twelve countries: Austria, France, Germany, Greece, the Netherlands, Poland, Russia, Turkey, Ukraine, United Kingdom, the United States, and Uzbekistan formally released by the Helsinki Commission was discussed. The project was inspired by the agreement of OSCE participating States to “ensure that their laws, regulations, practices and policies conform with their obligation under international law and are brought into harmony with the provisions of the Declaration on Principles and other OSCE commitments.” Various panelists addressed the issue of governments continuing to impose restrictions on individual religious liberties, despite a prior agreement to curtail anti-religious laws and governmental practices designed to prevent people from practicing or expressing their religious beliefs. Legal specialists from the Law Library of Congress emphasized a “frightening” trend in France to limit an individual’s right to freely express religious views or participate in religious activities, a Greek policy requiring one’s religious affiliation to be listed on government-issued identification cards, and Turkish raids on Protestant groups as examples of the violations of religious liberty that continue to plague these selected OSCE countries.

  • Torture in the OSCE Region

    In advance of the 2000 commemoration of the United Nations Day in Support of the Victims of Torture, the Helsinki Commission held a briefing to focus on the continuing problem of torture in the OSCE region. In spite of these efforts and the efforts of our Commission, including introducing and working for passage of two bills, the Torture Victims Relief Act and the Reauthorization of the Torture Victims Relief Act, torture continues to be a persistent problem in every OSCE country including the United States. This briefing considered two specific problem areas, Chechnya and Turkey, as well as efforts to prevent torture and to treat torture survivors. Witnesses testifying at the briefing – including Dr. Inge Genefke, International Rehabilitation Council for Torture Victims; Maureen Greenwood, Advocacy Director for  Europe and the Middle East, Amnesty International; and Douglas Johnson, Executive Director of the Center for the Victims of Torture – highlighted statistics about the number of torture victims in Turkey and Chechnya and related violations of individual rights.

  • President Putin's Visit to Moldova

    Mr. Speaker, President Putin of Russia continues to maintain a heavy schedule of international visits. Among the several destinations, he is scheduled to visit Moldova later this week.   The Republic of Moldova is located principally between the Prut River on the west and the Dniestr River to the east, between Romania and Ukraine. A sliver of the country, the `left bank' or `Transdniestria' region, extends beyond the Dniestr River and borders with Ukraine. The 4.3 million population in Moldova is 65 percent ethnic Romanian, with significant Ukrainian and Russian minorities. Gagauz, Bulgarians, Roma, and Jews constitute the bulk of the remainder. While Moldova and Romania were united between World Wars I and II, following seizure by the Soviets in World War II, Moldova became a Soviet `Republic.' When the Soviet Union collapsed in 1991, Moldova gained its independence and is now an internationally-recognized sovereign state, a member of the United Nations, the Organization for Security and Cooperation in Europe, and a host of other international organizations.   When Moldova became independent, there were approximately 15,000 Soviet troops of the 14th Army based in the Transdniestria region of Moldova. In 1992, elements of these troops helped pro-Soviet elements establish a separatist state in Transdniestria, the so-called Dniestr Moldovan Republic. This state, unrecognized and barely changed from the Soviet era, continues to exist and defy the legitimate authorities of Moldova. Meanwhile, elements of the former Soviet army, now the Russian army, remained in Transdniestria after the collapse of the Soviet Union. Renamed the Operational Group of Forces, they presently number about 2,500. The Moldovan Government has wanted the troops to leave, and the Russians keep saying they are going to leave. The Moldovan and Russian Governments signed an agreement in 1994 according to which Russian forces would withdraw in three years. Obviously, that deadline has passed. Russia was supposed to remove her forces from Moldova as a part of the Council of Europe accession agreement in February 1996. In fact, language in the declaration of the 1999 OSCE Istanbul Summit insists that Russia remove its military arsenals from Moldova by December 2001 and its forces by December 2002. This latest OSCE language enhances language included in the 1994 Budapest document and the 1996 Lisbon document calling for complete withdrawal of the Russian troops.   Mr. Speaker, there is no legitimate security reason for the Russian Government to continue to base military forces on the territory of a sovereign state that wishes to see them removed. This relatively small contingent of troops is a vestige of the Cold War. I would add also that the United States Government has agreed to help finance some of the moving costs for the Russian equipment. I would hope President Putin will assure his hosts in Moldova that the Russian forces will be removed in accordance with the OSCE deadline, if not earlier.  

  • Helsinki Final Act 25th Anniversary Resolution

    Mr. Speaker, today I am introducing a resolution commemorating the 25th anniversary of the Helsinki Final Act, an international accord whose signing represents a milestone in European history. As Chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, I have been privileged to be associated with the Helsinki process and its seminal role in advancing human rights, democracy and the rule of law in Europe. I am pleased to be joined by my fellow Helsinki Commissioners Representatives Hoyer, Wolf, Cardin, Salmon, Slaughter, Greenwood, Forbes and Pitts as original cosponsors. A companion resolution is being introduced today in the Senate by Helsinki Commission Co-Chair Sen. Ben Nighthorse Campbell.   The Helsinki Final Act and the process it spawned have been instrumental in consigning the Communist Soviet Empire, responsible for untold violations of human rights, into the dustbin of history. With its language on human rights, the Helsinki Final Act, for the first time in the history of international agreements, granted human rights the status of a fundamental principle in regulating international relations. The Final Act's emphasis on respect for human rights and fundamental freedoms is rooted in the recognition that the declaration of such rights affirms the inherent dignity of men and women and not privileges bestowed at the whim of the state.   Equally important, Mr. Speaker, the standards of Helsinki which served as a valuable lever in pressing human rights issues also provided encouragement and sustenance to courageous individuals who dared to challenge repressive communist regimes. Many of these brave men and women, members of the Helsinki Monitoring Groups in Russia, Ukraine, Lithuania, Georgia, Armenia, and similar groups in Poland and Czechoslovakia, Soviet Jewish emigration activists, members of repressed Christian denominations and others, paid a high price in the loss of personal freedom and, in some instances, their lives, for their active support of principles enshrined in the Helsinki Final Act. Western pressure through the Helsinki process, now advanced in the forum of the Organization for Security and Cooperation in Europe, greatly contributed to the freeing of the peoples of the Captive Nations, thus bringing an end to the Cold War.   The Helsinki Commission, on which I have served since 1983, played a significant role in promoting human rights and human contacts. The congressional initiatives such as hearings, resolutions, letters and face-to-face meetings with representatives of Helsinki signatories which violated human rights commitments, encouraged our own government to raise these issues consistently and persistently. The Commission's approach at various Helsinki meetings has always been to encourage a thorough and detailed review of compliance with Helsinki agreements. Specific cases and issues are cited, rather than engaging in broad, philosophical discussions about human rights. With the passage of time, and with the leadership of the United States, this more direct approach in pressing human rights concerns has become the norm. In fact, by 1991 the Helsinki signatory states accepted that human dimension commitments `are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the state concerned.'   With the dissolution of the Soviet Union and Yugoslavia, the OSCE region has changed dramatically. In many States, we have witnessed dramatic transformation and a consolidation of the core OSCE values of democracy, human rights and the rule of law. In others, there has been little if any progress, and in some, armed conflicts have resulted in hundreds of thousands having been killed and in the grotesque violation of human rights. The OSCE, which now includes 54 participating States, has changed to reflect the changed international environment, undertaking a variety of initiatives designed to prevent, manage, and resolve conflict and emphasizing respect for rule of law and the fight against organized crime and corruption, which constitute a threat to economic reform and prosperity. The Helsinki process is still dynamic and active, and the importance of a vigorous review in which countries are called to account for violations of their freely undertaken Helsinki commitments has not diminished.   This resolution calls on the President to issue a proclamation reaffirming the United States' commitment to full implementation of the Helsinki Final Act. All signatory states would be asked to clarify that respect for human rights and fundamental freedoms, democratic principles as well as economic liberty, and the implementation of related commitments continue to be vital elements in promoting a new era of democracy, peace and unity in the OSCE region. In the twenty-five years since this historic process was initiated in Helsinki, there have been many successes. Mr. Speaker, the task is still far from complete, and we must continue to do our part in championing the values that Helsinki espouses.

  • The Putin Path: Are Human Rights in Retreat?

    Mr. Speaker, two days ago, the Commission on Security and Cooperation in Europe , which I am honored to chairman, held a hearing entitled “The Putin Path: Are Human Rights in Retreat?” I was pleased to be joined on the dais by my colleagues on the Commission, Co-Chairman Senator Ben Nighthorse Campbell, Senator Tim Hutchinson, Ranking House Member Representative Steny Hoyer, and Representative Matt Salmon. As part of the hearing, the Commission had also planned to feature a video-conference with Moscow-based Radio Liberty journalist Andrei Babitsky. As Members are aware, Mr. Babitsky was arrested by Russian authorities for allegedly `participating in an armed formation,' as a result of his reporting from besieged Grozny last year. Subsequently, as a civilian, Babitsky was 'exchanged' to Chechen forces in return for certain captured Russian military personnel, and is not permitted to leave Moscow. Unfortunately, technical problems precluded the possibility of the videoconference, but Mr. Babitsky provided a written statement for the hearing record. Mr. Babitsky was recently awarded the OSCE Parliamentary Assembly's prize for journalism, and as head of the U.S. Delegation to the OSCE PA, I hope that he will be able to attend the award ceremony at the Assembly's annual meeting in Bucharest this July. Tuesday's hearing was one of a series of hearings the Commission has held to examine human rights issues in the States of the Organization for Security and Cooperation in Europe . The mandate of the Commission is to monitor and encourage compliance with the provisions of the Helsinki Accords and successive documents of the OSCE. As I have noted on previous occasions, Russia is no longer the dictatorial, closed society that it was during the Soviet period, and certainly there are countries around the world where human rights are in much more perilous straits. I have yet to hear of a working church in Russia being destroyed by bulldozers and wrecking cranes, as was the case last November in Turkmenistan. And we know that in China religious believers of many faiths are thrown in jail for simply desiring to worship without government interference. Indeed, under the administration of President Yeltsin, human rights activists were able to achieve significant gains in making respect for human rights, if not a standard, at least a consideration in public policy. There is growing concern, however, that Russia's development in the area of human rights is taking a turn for the worse under recently-elected President Vladimir Putin. The testimony of Igor Malashenko, First Deputy Chairman of the Board of Directors of Media-Most and President of NTV, summarized how their offices were the target of the infamous raid by government agents on May 11. Mr. Malashenko described how the agents carted away documents, tapes, computer discs and equipment, and subsequently issued `contradictory and unsatisfactory justifications' for this raid. Moreover, he provided extensive information on several other less-publicized examples of violence and intimidation toward media outlets and journalists throughout Russia. General William Odom, former director of the National Security Agency, and a man of exceptional expertise in things Soviet and Russian, noted that Russia is a `weak state' and suffers from a lack of institutions capable of providing the level of civil society and economic development that we had hoped would follow after the collapse of the Soviet Union. General Odom also suggested that the United States should not treat Russia as a major power, or think that much of Russia's internal problems can be solved by 'ventriloquism' from the West. Professor Georgi Derluguian of Northwestern University asserted that President Putin is the product of the KGB network that survived the collapse of the Soviet Union. In order to seek a distraction from the Chechen quagmire, suggested Professor Derluguian, Putin will most likely launch a massive anti-crime campaign. I would note that when Yuri Andropov and his KGB began to assume power in the twilight of the Brezhnev regime, part of the crackdown on political dissent at that time was under the guise of cracking down on corruption. Ms. Rachel Denber, Deputy Director for Europe and Central Asia at Human Rights Watch, testified that in Grozny, “the graffiti on the walls reads 'Welcome to Hell Part Two.' The bombing campaign has turned many parts of Chechnya into a wasteland even the most experienced war reporters that we have spoken to have told us they have never seen anything in their careers like the destruction of the capital Grozny.” Ms. Denber also described summary executions of civilians, including the death of three generations of one family shot to death in the yard of their own home. One of the brighter aspects of civil society under President Yeltsin was the expansion of NGO activity. However, Professor Sarah Mendelson of the Fletcher School of Diplomacy and Law at Tufts University noted that there is in Russia today “an atmosphere that is hostile to civil rights activists, and in fact, anyone with opinions that differ from the Kremlin's.” While “the treatment of Andrei Babitsky in January and February was shocking and disturbing, and the FSB raid on MediaMost in May was brazen,” she testified, this is “part of a larger pattern of harassment that has grown steadily worse over the last year and a half.” In this connection, I would like to point out another proposal made by Professor Mendelson in her testimony. She suggested that President Clinton, while in Moscow next month at the Summit with President Putin, should meet with activists who are promoting human rights and democracy in Russia today. This gesture, she notes, “would send a signal not only to those in Russia who care about democracy but to those in Russia who do not.” I believe this idea is right on target. In fact, Mr. Hoyer and I have written to the President noting that this year is the twenty-fifth anniversary of the signing of the Helsinki Accords. We have encouraged the President to meet with the surviving veterans of the Soviet-era human rights struggle, and with their contemporary colleagues, in both Moscow and in Kyiv, where the President plans to meet with President Kuchma following his Moscow visit. I hope that President Clinton will take this advice, as I believe such a gesture would give new impetus to the struggle for human rights and democracy in two pivotal nations of the international community. In closing, I would call attention to a resolution to be introduced by our colleague Mr. Lantos and House International Affairs Committee Chairman Ben Gilman, regarding the issue of free media in Russia. I am pleased to join as an original cosponsor of this resolution, which among other provisions, calls upon the President, the Secretary of State, and other officials and agencies of the United States Government to emphasize to Russian government officials our concern and preoccupation that official pressures against the independent media are incompatible with democratic norms. I am pleased to co-sponsor this resolution, I hope my colleagues will join us, and I hope that President Clinton will heed this call when he meets with President Putin in Moscow next month.  

  • The Putin Path: Are Human Rights in Retreat?

    This hearing, held on the eve of President Clinton’s first summit meeting with Russia’s recently elected President, Vladimir Putin, provided a timely opportunity to assess bilateral relations between the United States and the Russian Federation, as well as domestic developments. Russia has multi-candidate presidential elections, with viable candidates, unlike the Central Asian states where presidents do not tolerate serious challengers. Nevertheless, this hearing examined how reliable are multi-candidate elections as a gauge of democratic development when the media is intimidated by government pressure and raids.

  • Report on the Presidential Election in Georgia

    On April 9, 2000, Georgia held a presidential election. According to the Central Election Commission, turnout was almost 76 percent. Incumbent President Eduard Shevardnadze won reelection with about 80 percent of the vote. Former Communist Party boss Jumber Patiashvili came in second, with 16.6 percent. The other candidates on the ballot were largely irrelevant. Though Shevardnadze’s victory was anticipated, it remained unclear until election eve whom he would defeat. Batumi Alliance leader Aslan Abashidze, boss of the Autonomous Republic of Ajaria, had announced last year plans to mount a presidential race, but many expected him to drop out, as he had no real chance of winning. By threatening a boycott, Abashidze won concessions from the CUG on the election law, but his overall strategy collapsed when his Batumi Alliance colleague, Jumber Patiashvili, announced plans to run against Shevardnadze no matter what. One day before the election, Abashidze withdrew, leaving Patiashvili as Shevardnadze’s only serious contender. The OSCE’s Office for Democratic Institutions and Human Rights election observation mission began its assessment by stating that “considerable progress is necessary for Georgia to fully meet its commitments as a participating state of the OSCE.” Among the problems in the election, ODIHR noted, inter alia, the authorities’ support for the incumbent, the failure of state media to provide balanced reportage, and the dominant role of the CUG in election commissions at all levels. While voting was generally conducted “calmly,” the “counting and tabulation procedures lacked uniformity and, at times, transparency.” The ODIHR also observed ballot stuffing and protocol tampering. Shevardnadze’s prospects for resolving the conflict in Abkhazia are bleak and he has little reason to expect help from Russia. Since the beginning of Russia’s latest campaign against Chechnya, Moscow has accused Tbilisi of allowing or abetting the transit of Chechen fighters through Georgian territory. These allegations also aim to pressure Georgia in negotiations about the withdrawal of Russia’s four military bases. High-level Russian political and military figures have made it plain that Moscow will try to retain the bases and will reassert its interests in the region to counter gains by Western countries, especially the United States. Tbilisi will need help from the United States in resisting a newly aggressive Moscow. Eduard Shevardnadze has long enjoyed good relations with Washington, which gratefully remembers his contribution as Soviet Foreign Minister to ending the Cold War peacefully. The United States has provided substantial assistance to Georgia and backed Shevardnadze morally as well. Presumably the congratulations tendered at the beginning of the State Department’s April 10 statement reflected appreciation for his past services, rather than acceptance at face value of the election’s results. President Clinton noted the election’s shortcomings in a post-election letter to Shevardnadze, reiterated Washington’s longstanding exhortation to attack corruption, and pressed him to implement urgent economic changes.

  • The Deterioration of Freedom of the Media in OSCE Countries

    The stated purpose of this hearing, presided over by Rep. Christopher Smith (NJ-04) was to draw attention to the deteriorating status of free speech and press throughout the OSCE region, raise alarm about this deterioration, and call upon OSCE participating states to recommit themselves to these freedoms. Such an impetus was drawn from how members of the press were mistreated in foreign countries. For example, 34 journalists were killed in the OSCE region in the year of 1999.

  • The Impact of Organized Crime and Corruption On Democratic and Economic Reform

    Commissioners Christopher Smith and Ben Nighthorse Campbell, along with others, discussed just how detrimental organized crime and corruption are on society. More specifically, organized crime negatively impact democracy’s expansion, the promotion of civil society, and security in the OSCE region, as well as economic development, particularly in southeast Europe and Central Asia. This is relevant to the United States because it has a strategic interest in promoting democratic reform and stability in the former U.S.S.R. and Central Asia. Countries in this region assist U.S. businesses exploring market opportunities, and the U.S. provides a good bit of bilateral assistance to these countries. The Helsinki Commission has pressed for greater OSCE involvement in efforts to combat corruption.

  • Protection of Human Rights Advocates in Northern Ireland

    This hearing examined allegations of the involvement of security forces in intimidation and harassment of human rights advocates in Northern Ireland. The hearing focused on the unsolved murders of two Belfast defense attorneys, Rosemary Nelson, and Patrick Finucane, killed in 1999 and 1989. Commissioner Harold Hongju Koh, Assistant Secretary of State for Democracy, Human Rights, and Labor, expressed the State Department’s concern with that there was not sufficient protection of lawyers, the rule of law, and human rights in Northern Ireland.  Commissioner Smith noted that “Defense attorneys are the ‘Helsinki Commissioners’ of Northern Ireland. The OSCE can be a valuable forum in which to provide cover for these human rights advocates. The United States and United Kingdom are quick to criticize emerging democracies that fail to abide by the rule of law and due process. The best way to lead in these matters is by example.”

  • The Ordeal of Andrei Babitsky

    Mr. Speaker, a small bit of good news has emerged from the tortured region of Chechnya, where the Russian military is killing, looting, and terrorizing the population under the guise of an “anti-terrorism operation.” Andrei Babitsky, the Radio Liberty correspondent who had disappeared in Chechnya in early February after Russian authorities had “exchanged” him to unknown persons in return for some Russian prisoners of war, has emerged in Dagestan and is now in Moscow recuperating from his ordeal. Mr. Babitsky's courageous reporting from the besieged city of Grozny had infuriated Russian military authorities, and he was arrested in mid-January and charged with “participating in an unlawful armed formation.” Prior to his release, Mr. Babitsky had spent time in the notorious Chernokozovo “filtration” camp where the Russian military has been detaining and torturing Chechens suspected of aiding the resistance. Following his arrival in Moscow, Mr. Babitsky provided a harrowing account of his incarceration at the Chernokozovo prison, and especially the savage treatment of his fellow prisoners. It is another graphic reminder that for all the fine words and denials coming out of Moscow, the Russian military has been conducting a brutal business that makes a mockery of the Geneva Conventions and the code of military conduct stipulated in the 1994 Budapest Document of the OSCE. Mr. Speaker, last month President Clinton stated that Russia's Acting President Putin is a man the United States “can do business with.” With this in mind, I would suggest for the Record excerpts from Mr. Babitsky's interview with an NTV reporter in Russia. If Mr. Putin is aware of the state of affairs at Chernokozovo and condoning it, I would submit that our business with Mr. Putin should be extremely limited. If he is not aware of the truth, then his authority over Russia is a chimera, and we might better deal with the real rulers of Russia. Babitsky's statement follows: [From Hero of the Day NTV Program, 7:40 p.m., Feb. 29, 2000] INTERVIEW WITH RADIO LIBERTY CORRESPONDENT ANDREI BABITSKY Babitsky: On the 16th I tried to leave the city of Grozny through the settlement of Staraya Sunzha, a suburb of Grozny which at the time was divided into two parts. One part was controlled by federal troops and the other by the Chechen home guard. I entered the territory controlled by the federals and it was there that I was recognized. I was identified as a journalist, I immediately presented my documents. All the subsequent claims that I was detained as a person who had to be identified are not quite clear to me. I had my passports with me, my accreditation card of a foreign correspondent. Then I was taken to Khankala. Not what journalists who had covered the first war regarded as Khankala, but to an open field. There was an encampment there consisting of trucks used as their office by army intelligence officers. Two of my cassettes that I had filmed in Grozny were taken from me. They contained unique frames. I think those were the last video pictures ever taken by anyone before Grozny was stormed. Those, again, were pictures of thousands of peaceful civilians many of whom, as we now know, were killed by federal artillery shells. I spent two nights in Khankala, in the so-called Avtozak, a truck converted into a prison cell. On the third day I was taken to what the Chechens call a filtration center, the preliminary detention center in Chernokozovo. I believe I am the only journalist of those who covered the first and the second Chechen wars who has seen a filtration center from the inside. I must say that all these horrors that we have heard from Chechens who had been there have been confirmed. Everything that we read about concentration camps of the Stalin period, all that we know about the German camps, all this is present there. The first three days that I spent there, that was the 18th, 19th and the 20th, beatings continued round the clock. I never thought that I would hear such a diversity of expressions of human pain. These were not just screams, these were screams of every possible tonality and depth, these were screams of most diverse pain. Different types of beatings cause a different reaction. Q. Are you saying that you got this treatment? A. No, that was the treatment meted out to others. I was fortunate, it was established at once that I am a journalist, true, nobody knew what type of journalist I was. Everybody there were surprised that a journalist happened to be there. In principle, the people there cannot be described as intellectuals. They decided that there was nothing special about this, that such things do happen in a war. As a journalist I was “registered”, as they say, only once. They have this procedure there. When a new detainee is being taken from his cell to the investigator he is made to crawl all the way under a rain of blows with rubber sticks. It hurts but one can survive it. This is a light treatment as compared with the tortures to which Chechens are subjected day and night, those who are suspected of collaborating with the illegal armed formations. There are also cases when some testimony is beaten out of detainees. Q. What is the prison population there? A. In my opinion ..... I was in cell No. 17 during the first three days. In that cell there were 13 inhabitants of the village Aberdykel (sp.--FNS). Most of them were young. Judging by their stories, I am not an investigator and I could not collect a sufficiently full database, but in such an atmosphere one very rarely doubts the veracity of what you are told. Mostly these were young men who had nothing to do with the war. They were really common folk. They were treating everything happening around them as a calamity but they were not taking any sides. They were simply waiting for this calamity to pass either in this direction or that direction. Beatings as a method of getting testimony. This is something that, unfortunately, is very well known in Russian and not only Russian history and tradition. But I must say that apart from everything, in my opinion, in all this torture, as it seemed to me, a large part is due to sheer sadism. In other words, an absolutely unwarranted torturing of people. For instance, I heard ..... You know, you really can't see this because all this happens outside of your cell. But the type of screams leaves no doubt about what is happening. You know this painful reaction. For two hours a woman was tortured on the 20th or the 19th. She was tortured; I have no other word to explain what was happening. That was not hysteria. I am not a medic but I believe that we all know what hysteria is. There were screams indicting that a person was experiencing unbearable pain, and for a long period of time.

  • Helsinki Commission Hearing on Kosovo's Displaced and Imprisoned

    Mr. Speaker, this week the Helsinki Commission held a hearing to review the current situation in Kosovo and the prospects for addressing outstanding human rights issues there. More specifically, the hearing focused on the more than 200,000 displaced of Kosovo, mostly Serb and Roma, as well as those Albanians, numbering at least 1,600 and perhaps much more, imprisoned in Serbia. Witnesses included Ambassador John Menzies, Deputy Special Advisor to the President and Secretary of State for Kosovo Implementation; Bill Frelick, Director for Policy at the U.S. Committee for Refugees; His Grace, Bishop Artemije of the Serbian Orthodox Church; Andrzej Mirga, an expert on Roma issues for the Project on Ethnic Relations and the Council of Europe; Susan Blaustein, a senior consultant at the International Crisis Group; and, finally, Ylber Bajraktari, a student from Kosovo. The situation for the displaced, Mr. Speaker, is truly horrible. In Serbia, most collective centers are grim, lacking privacy and adequate facilities. While most displaced Serbs have found private accommodations, they still confront a horrible economic situation worsened by the high degree of corruption, courtesy of the Milosevic regime. The squalor in which the Roma population from Kosovo lives is much worse, and they face the added burdens of discrimination, not only in Serbia but in Montenegro and Macedonia as well. There is little chance right now for any of them to go back to Kosovo, given the strength of Albanian extremists there. Indeed, since KFOR entered Kosovo eight months ago, it was asserted, more than 80 Orthodox Churches have been damaged or destroyed in Kosovo, more than 600 Serbs have been abducted and more than 400 Serbs have been killed. The situation for those Serbs and Roma remaining in Kosovo is precarious. Other groups, including Muslim Slavs, those who refused to serve in the Yugoslav military, and ethnic Albanians outside Kosovo, face severe problems as well, but their plights are too often overlooked. Meanwhile, the Milosevic regime continues to hold Albanians from Kosovo in Serbian prisons, in many cases without charges. While an agreement to release these individuals was left out of the agreement ending NATO's military campaign against Yugoslav and Serbian forces, with the Clinton Administration's acquiescence, by international law these people should have been released. At a minimum, the prisoners are mistreated; more accurately, many are tortured. Some prominent cases were highlighted: 24-year-old Albin Kurti, a former leader of the non-violent student movement; Flora Brovina, a prominent pediatrician and human rights activist; Ukshin Hoti, a Harvard graduate considered by some to be a possible future leader of Kosovo; and, Bardhyl Caushi, Dean of the School of Law, University of Pristina. Clearly, the resolution of these cases is critical to any real effort at reconciliation in Kosovo. This human suffering, Mr. Speaker, must not be allowed to continue. Action must be taken by the United States and the international community as a whole. Among the suggestions made, which I would like to share with my colleagues, are the following: First, get rid of Milosevic. Little if anything can be done in Kosovo or in the Balkans as a whole until there is democratic change in Serbia; Second, bring greater attention to the imprisoned Albanians in Serbia, and keep the pressure on the Milosevic regime to release them immediately and without condition; Third, rein in extremists on both sides, Albanian and Serb, in Kosovo with a more robust international presence, including the deployment of the additional international police as requested by the UN Administrator; Fourth, find alternative networks for improved distribution of assistance to the displaced in Serbia; Fifth, consider additional third-country settlement in the United States and elsewhere for those groups most vulnerable and unable to return to their homes, like the Roma and those who evaded military service as urged by NATO. Mr. Speaker, as Chairman of the Helsinki Commission, I intend to pursue some of these suggestions with specific legislative initiatives, or through contacts with the Department of State. I hope to find support from my fellow Commissioners and other colleagues. Having heard of the suffering of so many people, we cannot neglect to take appropriate action to help, especially in a place like Kosovo where the United States has invested so much and holds considerable influence as a result.

  • The Status of Religious Liberty in Russia Today

    Hon. Cristopher H. Smith, Chairman of the Commission on Security and Cooperation in Europe, presided over this hearing on the status of religious liberty in Russia. It was one in a series of Helsinki Commission hearings to examine human rights issues in the nations of the Organization for Security and Cooperation in Europe. Hon. Smith was joined by panelists to provide their insights on these issues: Robert Seiple, Ambassador-at-Large for International Religious Freedom; Rabbi Lev Shemtov, Director of American Friends of Lubavitch; Pastor Igor Nikitin, Chariman of the Assosiation of Christian Churches of St. Petersburg; Father Leonid Kishkovsky, Pastor; and Anatoly Krasikov, Chairman of Russian Chapter, International Association for Religious Liberty in Moscow.      

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