Title

Chairman Hastings Remembers 27th Anniversary of Khojaly Massacre

Tuesday, February 26, 2019

WASHINGTON—On the 27th anniversary of the Khojaly Massacre, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement:

“Khojaly, a town in the Republic of Azerbaijan, was home to a barbaric act of brutality that desecrated the norms and principles of international law, human rights, and freedoms. Armenian forces, with the support of the 366th motorized rifle regiment of the Russian army, stormed the besieged town of Khojaly engaging in acts so violent that their effects are still felt in the community, indeed the entire country, to this day…

“Marking the anniversary of a tragedy is always a solemn occasion. However, as a member of the Azerbaijan Caucus, I believe it is important to recognize and remember those whose lives were lost. I ask my colleagues to join me in offering condolences to the people of Azerbaijan.”

Chairman Hastings’ full statement was entered into the Congressional Record.

On February 26, 1992, during the brutal war between Armenia and Azerbaijan, hundreds of Azerbaijani men, women, and children were killed by Armenian forces in Khojaly, in Nagorno-Karabakh.

 

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
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Later she directed the Countering Violent Extremism (CVE) program at the United States Institute of Peace, where she helped develop a strategic approach to violent extremism that harnessed peacebuilding tools. “We went from approaching terrorism as a security threat in which operations needed to be disrupted to realizing that there also had to be something done to prevent people from joining these groups and movements in the first place,” Holmer explained. “Not only did we begin to understand and address the root causes of terrorism but increasingly there was a realization that repressive measures in counterterrorism could actually exacerbate the problem. Upholding human rights as part of the effort to counter terrorism is necessary and can contribute to preventing violence in the long term.” Holmer acknowledged some of the pitfalls and counterproductive measures to be avoided in counterterrorism: a lack of due process and clear legislation, abusive treatment in detention facilities, and stigma and censorship against certain religious and ethnic groups can also fuel terrorist agendas and draw more people to violent extremism. These ideas led Holmer to pursue a degree mid-career in international human rights law at Oxford University. In 2017, Holmer was offered a position at the OSCE, and was drawn to its comprehensive approach to security. “I thought, here is a chance to work for an organization that had both a counterterrorism mandate and a human rights mandate. I think it’s a necessary marriage.” She sees the work she does in the prevention of VERLT to be directly relevant to human rights. “Programs to prevent radicalization that leads to terrorism not only ensure security, but they also help build more inclusive, resilient and engaged communities. This can also be understood inversely – upholding human rights is a pathway to preventing terrorism.” Holmer was further drawn to the OSCE because of its operational focus, pointing to the organization’s robust field operations presence. She stressed that the organization’s “on-the-ground presence” – particularly in the Western Balkans and Central Asia – allows it to develop close working relationships with governments and policymakers, giving it “a different level of reach.” For example, OSCE field missions in Dushanbe and Skopje have helped to convene stakeholders for important discussions, coordinate funders, and organize external partners for project implementation. Holmer considers the OSCE’s structure a strength when it comes to countering violent extremism. Holmer explained that because the OSCE is a political organization, its structure and activities invite states and other stakeholders to exchange ideas frankly. The OSCE’s annual counterterrorism conferences allow participating States to share opinions in a productive and meaningful manner. The OSCE frequently convenes policy makers and practitioners from its participating States to discuss measures to prevent radicalization leading to terrorism. Various seminars, workshops, and conferences have introduced concepts of prevention and helped advance the role of civil society in countering violent extremism. Holmer observed that while there is no “one-size-fits-all solution,” the organization regularly emphasizes the sharing and implementation of good practices. She also added that sharing good practices is only effective when efforts are made to tailor responses and approaches to a specific context. Measures to prevent need to incorporate an understanding of the nature of the threat in any given environment. She said the ways that individuals radicalize and the dynamics that influence people to become engaged in violent extremism differ. “What works in a rural village in Bosnia-Herzegovina versus what might work in Tajikistan might be completely different.” Holmer believes that through her role as Senior Adviser, she can continue working with member states to pursue “good practices” in the prevention of VERLT and support anti-terrorism within a human rights framework. “The aim of our work at the OSCE is to support participating states with the tools, the policy and legal frameworks they need to address these complicated challenges.” For more information, contact Alex Tiersky, Senior Policy Advisor for Global Security and Political-Military Affairs.

  • The Cold War Is Over, But The OSCE's Value Is Timeless

    History has shown that robust engagement in multilateral arenas represents long-term realism: to lead, we must be involved; to protect our national interests and the principles we hold dear, we must remain engaged; and to inspire those who suffer every day under authoritarian regimes, we must hold our own country to the highest standards on the world stage. Unfortunately, efforts to maintain America’s preeminence in the world have come under increasing pressure in recent years. These challenges are not isolated and are waged on many fronts – economically, militarily, and diplomatically. Some may use these challenges as an excuse to retreat, claiming that engagement in international organizations like the Organization for Security and Cooperation in Europe (OSCE) adds no value. We believe that quite the opposite is true. If we want to continue to lead, protect, and inspire, we need the OSCE’s opportunities for multilateral engagement more than ever. Amid the alphabet soup of institutional acronyms, many Americans probably have not heard of the OSCE, let alone know that it is the largest regional security organization in the world. Comprising 57 countries, it links Vancouver in the West to Vladivostok in the East, spanning North America, Europe, and Central Asia. We are members of the organization’s Parliamentary Assembly, where we have represented our country and our principles in a forum of international lawmakers for a combined 34 years. We have engaged the OSCE, as a whole, even longer. We know firsthand the value of U.S. leadership and sustained high-level engagement in the organization – and conversely, we know the enormous risks that would come with retreat. A Broader Definition of Security The essential, enduring value of the OSCE can be traced back to its founding and the ideological transformation that it quietly unleashed. In the 1950s, the Soviet Union first conceived the idea of the Helsinki Final Act. The founding charter of the Conference on Security and Cooperation in Europe, or CSCE, later institutionalized as today’s OSCE, would eventually be signed in 1975. Moscow saw the document as a way to validate post-World War II border changes and tighten its stranglehold on Eastern Europe. The Kremlin, no doubt, also hoped to create an alternative to NATO and weaken U.S. ties to Europe. As troops massed along the Iron Curtain after the Soviet-led invasion of Czechoslovakia in 1968, Europe began to see some value in greater East-West engagement. The United States saw the Soviet proposal as a damage-mitigation exercise at best. Secretary of State Henry Kissinger famously decried the Helsinki Final Act, saying, “They can write it in Swahili for all I care… The Conference can never end up with a meaningful document.” Opposition to the Helsinki Final Act was not limited to Foggy Bottom. The Wall Street Journal published the editorial “Jerry, Don’t Go” just prior to President Ford’s departure to sign the document in Finland, reflecting widespread opposition from U.S. foreign policy hawks and Americans across the country who descended from the “captive nations” of Eastern Europe. What most observers at the time overlooked, however, was the Helsinki Final Act’s uniquely comprehensive definition of “security.” The Act contains 10 principles guiding inter-state relations, including respect for human rights and fundamental freedoms; respect for sovereign equality; recognition of the territorial integrity of states; and the commitment of states to fulfill in good faith their obligations under international law. The integration of human rights into a concept of security was revolutionary. The Act also provided that any country signatory could publicly challenge any other country that wasn’t living up to Helsinki principles, either internally or externally. This was remarkable for its time. These two innovations made the Act a rallying point for human rights advocates everywhere, especially dissident movements in the one-party communist states of the Soviet bloc. Groups like Charter 77 in Czechoslovakia, Solidarity in Poland, and other monitoring groups in the Soviet Union and Baltic States that were crucial to the eventual collapse of communism in Europe relied on Helsinki commitments in their advocacy. With U.S. leadership, meetings of the CSCE also became venues for frank exchanges, where countries committing human rights abuses were named and victims identified. The strongest weapons in the U.S. arsenal – democratic ideals, market principles, and the primacy of individual rights – rallied European friends and allies, attracted Soviet satellites, and left Moscow isolated, if not fully convinced. Today's Inflection Point We were both serving in the House of Representatives shortly after the Soviet Union collapsed in the early 1990s. We were aware that the transitions ahead would be difficult, particularly as horrific ethnic cleansing spread in the Balkans and a brutal war was waged in Chechnya. Although we were on opposite sides of the aisle, we were joined in our conviction that liberal democracy would ultimately prevail throughout Europe and into Central Asia. Unfortunately, our confidence was dramatically misplaced. Thirty years later, instead of the peace and prosperity we expected in the OSCE region, we are at an inflection point, faced with uncertainty and the increasing erosion of the security framework that followed the Cold War. In recent elections, we’ve watched nationalist parties gain a strong foothold in Europe. NATO ally Turkey – one of the world’s most oppressive regimes toward journalists – is succumbing to authoritarian rule, weakening checks on executive power and targeting more than 100,000 perceived opponents of the ruling party in sweeping purges. Vladimir Putin continues to violate the sovereignty and territorial integrity of not just Ukraine – where, in areas controlled by Russia, pro-Ukrainian sentiment is met with imprisonment, torture, or death – but also Georgia, where Russia has occupied 20 percent of the country’s territory for more than a decade. The Russian government supports separatists in the Transnistrian region of Moldova, interferes in elections in the United States and Europe, and undermines faith in democratic governments worldwide through cyberattacks and information warfare. An era of increasing nationalism, Kremlin revisionism, and rising authoritarianism may not, at first, seem to be the best moment to revitalize multilateral diplomacy. But it has been, and will continue to be, in our national interest to promote democracy, the rule of law, and human rights around the world – just as we did more than 40 years ago in the Finnish capital. Those Helsinki commitments, and their institutionalization over time, empower us to stand up for our values and for comprehensive security at a time in which we absolutely must. In April 2017, we – along with every other senator currently serving on the Helsinki Commission – introduced a resolution urging President Trump to recognize the importance of the Helsinki Final Act and the OSCE as well as their relevance to American national security. We hope the administration will endorse this effort. A Record of Results The value of the OSCE and the effectiveness of American involvement are evident in the organization’s more recent evolution and achievements. This is no Cold War relic. We have seen examples of multilateral success in many initiatives, beginning with its quick embrace of newly independent states, from the Balkans to Eastern Europe and Central Asia. As multiethnic states broke apart, the OSCE created a high commissioner on national minorities in 1992 to address ethnic tensions and proactively prevent conflict between or within states over national minority issues. Participating states developed mechanisms to respond to the most recalcitrant actors, such as the unprecedented suspension of Yugoslavia the same year for the “clear, gross, and uncorrected” violations of Helsinki principles by the regime of Slobodan Milosevic against Bosnia and Herzegovina. Under OSCE auspices, internal political confrontations in Serbia in 1996 and Albania in 1997 were resolved through high-level engagement before they became a broader threat to peace and prosperity in Europe. The United States led the way, generating the political will to act quickly and with resolve. Robust field missions also were created in the 1990s to respond to conflicts, first in the Balkans and then extending into Eastern Europe, the Caucasus, and Central Asia. In some places, such as Kosovo, the OSCE often was the only acceptable international monitor or facilitator on the ground, serving as the eyes and ears of the international community, bringing opposing sides together, and mitigating spillover effects in neighboring countries. Today, the OSCE’s civilian Special Monitoring Mission (SMM) to Ukraine is the only independent observer group in the war zone. Established in 2014 to monitor implementation of the Minsk Agreements, its approximately 700 monitors provide clear and unbiased reporting of ceasefire violations and human costs of the conflict. Approximately half of the U.S. contribution to the OSCE goes toward funding the SMM. The mission faces challenges, including attempts to sabotage its work and concerns about security. The latter was tragically demonstrated by the death of Joseph Stone, a U.S. paramedic killed last year when his vehicle struck a landmine in separatist-controlled territory. Without the SMM’s reporting, however, we would lack critical information to understand and address ongoing Russian aggression against Ukraine. Kremlin propaganda would have a clear field to disguise the true nature and scale of the conflict. The OSCE also sets the gold standard for election observation across the region. The organization’s trained observers partner with international lawmakers, including ourselves, to analyze election-related laws and systems and the effectiveness of their implementation. The evaluations that these missions produce are critical benchmarks for OSCE countries and support U.S. efforts to promote human rights, democracy, and the rule of law around the world. Pressure from the organization and its participating states has been a major factor in the release of political prisoners in countries like Azerbaijan. For example, the OSCE Office for Democratic Institutions and Human Rights, the OSCE Representative on Freedom of the Media, and the OSCE Parliamentary Assembly publicly condemned Baku for its targeting of investigative journalist Khadija Ismayilova and the broader use of its judicial system to repress political opponents, journalists, and minorities. The Helsinki Commission also weighed in. In May 2016, Ismayilova was released from prison. Our actions in this and similar cases demonstrate global leadership. We welcome the recent nomination of a new U.S. permanent representative to the OSCE. This important post has remained vacant for far too long. We urge our Senate colleagues to swiftly consider the nominee, who will be responsible for leading America’s vigorous defense of democracy and human rights in the region. Let us also not overlook the fact that our work in the OSCE in relation to Russia is not simply to counter Moscow’s anti-democratic ambitions. Follow-up meetings to the original Conference on Security and Cooperation in Europe became one of a shrinking number of places where East-West dialogue could take place during the Cold War. Likewise, after Russia was suspended from the G8 in March 2014, today’s OSCE provides one of the few remaining opportunities to engage with Russia and hold the Kremlin accountable to principles it has endorsed. Russian Foreign Minister Sergei Lavrov attends OSCE ministerial meetings, where he easily – and with great success – engages with senior officials from around the region. That alone should encourage our secretary of state to be present. Secretary Tillerson attended the 2017 ministerial, and we urge Secretary Pompeo to do the same. Future Challenges Along with successes, we also have seen areas where multilateralism has fallen short. Areas like Nagorno-Karabakh, Transnistria, Chechnya, Abkhazia, and South Ossetia have consumed OSCE attention and resources, but unfortunately, the organization’s actions have not thawed these frozen conflicts. The OSCE may have kept things from getting worse than they might have been otherwise; this is something to praise, but cannot yet be counted as a win. These efforts have been hindered in part by the otherwise positive requirement that major decisions in the organization require consensus. This rule is vital to the OSCE’s success. The organization can convene all parties on an even footing and – because no country can claim that it didn’t voluntarily agree to its commitments – the rule gives unique force to the OSCE’s actions. However, decision-making by consensus also allows a single intransigent country to wield its veto as a weapon, even in cases of otherwise overwhelming agreement. In 2008, Russia successfully blocked the OSCE from establishing a field mission in Georgia as Russian-backed separatists occupied South Ossetia and Abkhazia. Since then, resistance to hosting or authorizing field missions, a core capability of the OSCE, has spread. Belarus kicked out its OSCE mission in 2011. Azerbaijan forced the mission in Baku to close in 2015, and two years later, it insisted on the shuttering of a mission in Armenia. Mongolia, the newest OSCE participating state, has repeatedly requested a mission to foster its continued democratic development and build closer ties with other participating states. Moscow consistently blocks that request. A related and ongoing problem is the lack of transparency of the OSCE’s decision-making. Opening its official deliberations to the public would help make those countries that thwart progress more broadly accountable for their recalcitrance. A more recent challenge comes from the government of Turkey. Ankara continues to use the 2016 coup attempt as pretext for not only violently repressing its citizens and detaining others, including Americans, but also for limiting the participation of non-governmental organizations in certain OSCE meetings. The OSCE is the only international organization that allows NGOs to participate equally with governments in meetings on human rights commitments, allowing these groups to raise their concerns directly. If Turkey has its way, human rights groups might be denied a seat at the table. It is easy to imagine which countries quietly hope this effort will succeed. The United States must continue to make it clear that it is not one of them. Indeed, the moral here is that the United States should not only support the strengths and potential of the OSCE, but we must also be present and potent when progress and principles are challenged within the organization. Our colleagues in both chambers of Congress have the passion and determination to do just that. In these days of partisan discord, we must remember – and treasure – the fact that Congress is broadly committed to the principles enshrined in the Helsinki Final Act: respect for human rights and fundamental freedoms, democratic principles, and liberty. We see this in the establishment of the Helsinki Commission itself, a unique agency conceived by Congress to strengthen the legitimacy of human rights monitoring, defend those persecuted for acting on their rights and freedoms, and ensure that violations of Helsinki provisions are given full consideration in U.S. foreign policy. The OSCE’s broad membership and comprehensive definition of security make it an ideal platform to advocate for our interests in a vital region. Its institutions remain singularly placed to moderate regional conflicts, promote respect for human rights, and safeguard essential elements of democracy. We have not only the right, but also the duty, to hold countries responsible if they fail to adhere to the basic principles that we all agreed to in 1975. We also have the responsibility to hear and consider other participating states when they feel that the United States is not fully meeting our commitments. Leading by example means that we must be held accountable, too. At this critical juncture, when the rules-based order appears particularly fragile, any weakening or absence of the OSCE could irreversibly damage the chances for democracy and peace in the region. We must not allow that to happen – and the key is our own steadfastness, in words and deeds. Roger Wicker (@SenatorWicker) is chairman of the U.S. Helsinki Commission and a vice president of the OSCE Parliamentary Assembly. A member of the Republican Party, he has represented Mississippi in the Senate since December 2007. He previously represented Mississippi for 13 years in the House of Representatives. Ben Cardin (@SenatorCardin) is ranking Senate member of the U.S. Helsinki Commission. He serves as special representative on anti-Semitism, racism, and intolerance for the OSCE Parliamentary Assembly. A member of the Democratic Party, he has represented Maryland in the Senate since January 2007 after 20 years in the House of Representatives.

  • First Person: Encountering Auschwitz

    By Rachel Bauman, Policy Advisor During the annual OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw, I joined 21 other members of the U.S. delegation on my first visit to the Auschwitz-Birkenau Memorial Museum, the site of the former concentration and death camp in Nazi-occupied Poland. The mass murder of Jews, Poles, Romani people, Soviet political prisoners, and other groups by the Nazi state is almost too monstrous for comprehension, especially from a distance. Fewer and fewer Holocaust survivors remain, and though many of their memories have been preserved, soon there will be no witnesses to speak to the horrors of the past. What remains of Auschwitz-Birkenau, perhaps the most notorious death camp, is a testament to the millions of people slaughtered by the Nazi regime. Auschwitz I, though significantly smaller than Birkenau, is largely intact, and houses powerful exhibitions giving a deeply personal glimpse into a tragedy that often seems too large to grasp. For me, the faceless masses of black-and-white history book photos were brought into sharp relief through collections of objects found after Soviet forces liberated Auschwitz on January 27, 1945.  Enormous piles of eyeglasses, human hair shaved from the bodies of women dragged from the gas chambers, and children’s shoes were on display as a reminder of the simple trappings of humanity denied to the victims. We laid a wreath at the Wall of Death, an execution site, and finished the tour with a silent walkthrough of a gas chamber, illuminated by the holes in the ceiling from which Zyklon-B pellets rained down on the trapped prisoners. At Birkenau, we walked along the original train tracks where wagonloads of people were selected to either die in the gas chambers or labor in terrible conditions in which disease, starvation, and exposure meant that the average prisoner perished mere months after arrival.  The remains of the killing factory, hastily destroyed upon the approach of the Soviets, are a haunting illustration of the scale of Nazi atrocities. The final death toll of Auschwitz is estimated at 1.3 million, with Jews accounting for about 90 percent of the murdered.  One in six Jews killed during the Holocaust were killed at Auschwitz.  The evils of anti-Semitism, racism, and persecution of minority groups still exist today. At the Birkenau memorial to the victims, Ambassador Brownback reminded us that the United States must continue to defend human rights around the world. Helsinki Commission Chief of Staff Kyle Parker (left) and Ambassador at Large for International Religious Freedom Sam Brownback (right) lay a wreath at Auschwitz at the Death Wall where those who attempted to escape were shot. As we prepared to depart, the clouds lifted over Birkenau, revealing a sunny sky, in stark contrast with the heavy grief of the morning.  Each of us processed the visit differently, but all experienced a renewed sense of the importance of our mission upon returning to the HDIM.

  • The Human Dimension is a Parliamentary Priority

    Each September, the OSCE focuses considerable attention on its body of commitments in the human dimension, ranging from human rights and fundamental freedoms, to democratic norms and the rule of law, to tolerance in society and other humanitarian concerns. For two weeks, the participating States and interested non-governmental organizations gather in Warsaw, Poland, to review implementation of OSCE commitments in each of these areas.  This Human Dimension Implementation Meeting (HDIM) is organized under the auspices of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR). Other OSCE institutions, like the High Commissioner for National Minorities and the Representative on the Freedom of the Media, also participate in the exchange of views. Traditionally, the OSCE’s Parliamentary Assembly (OSCE PA) is also represented at the meeting, and its presence this year was particularly strong. About the OSCE PA The OSCE PA is one of the original institutions of the OSCE and consists of 323 parliamentarians who gather three times a year, including at an annual session each summer where resolutions are adopted. Today’s high-profile OSCE work on human trafficking, anti-Semitism, and media freedom began years ago with initiatives undertaken by the assembly and transferred at the urging of parliamentarians to national governments for concrete follow-up activity. Decision-making in the OSCE PA is usually based on a majority vote, which contrasts with the consensus needed among government representatives in OSCE diplomacy. This allows the Assembly to address issues, particularly in the human dimension, in a way that reflects the overwhelming opinion of the participating States but would be unlikely to succeed in other OSCE bodies, where representatives of offending countries can block action.  For example, in the past five annual sessions the OSCE PA has adopted resolutions condemning Russia’s clear, gross, and uncorrected violations of Helsinki principles in it aggression against Ukraine, including violations in the human dimension.  At the 2018 annual session in Berlin last July, Russian parliamentarians unsuccessfully opposed consideration and adoption of a text on human rights violations in Russian-occupied Crimea, and on the human rights situation in Russia itself. The OSCE PA also criticizes other countries’ record in the human dimension records—including actions of the United States—but the assembly’s criticism is generally commensurate with the severity of perceived violations. The OSCE PA defends ODIHR in its work facilitating implementation of commitments where needed, and civil society in its advocacy of human rights. At the 2018 annual session, parliamentarians condemned the ongoing efforts of Turkey and some other countries to restrict non-governmental voices at the HDIM and other human dimension events, or to dilute them with non-governmental organizations formed at the behest of some of the more repressive regimes in the OSCE region.  In Berlin, the OSCE PA called “on all OSCE participating States to welcome NGO participation in OSCE events, and to reject all efforts to restrict participation in OSCE human dimension events so long as these groups do not resort to or condone violence or terrorism, to ensure the broadest possible contribution from NGOs to the OSCE’s work and a full and unrestricted exchange of information and opinions.” OSCE PA Participation in HDIM 2018 OSCE PA President George Tsereteli addresses the 2018 Human Dimension Implementation Meeting in Warsaw. In 2018, five OSCE PA officers—all elected members of national parliaments—spoke at the HDIM.  OSCE PA President George Tsereteli of Georgia addressed the gathering’s opening session, observing that while the human dimension is also known as the “third dimension” of the OSCE’s comprehensive approach to security, it “should always be our first priority.” “When we put our OSCE hats on, our primary goal is to better the lives of the more than one billion people in the OSCE area,” said President Tsereteli. “Our duty is to respond to their desire to live in a free society, where democratic debate is encouraged and not stifled, where journalists are respected and not jailed or killed, where a simple citizen can trust that his or her voice counts and is not discarded.” Two of the OSCE’s nine Vice Presidents—Isabel Santos of Portugal and Kari Henriksen of Norway—also attended. Santos focused on the human rights of migrants, and Henriksen on promoting opportunities for women and children that will protect them from human trafficking. Two of the three officers of the OSCE PA’s General Committee on Democracy, Human Rights, and Humanitarian Questions were also in Warsaw. Committee chair Margareta Kiener Nellen of Switzerland addressed hate crimes and hate speech, including ways to combat them, while committee rapporteur Kyriakos Hadjiyianni of Cyprus focused on challenges to freedom of the media, ranging from rhetorical attacks to violence and incarceration of journalists. OSCE PA human rights committee rapporteur Kyriakos Hadjiyianni delivers remarks at the freedom of the media session at the 2018 HDIM in Warsaw. Other Human Dimension Activities Throughout the year, the OSCE PA deploys short-term election observation missions and represents the OSCE as a whole in reporting the preliminary conclusions immediately after elections take place. The assembly also has an active Ad Hoc Committee on Migration, chaired by Belgian parliamentarian Nahima Lanjri, which encourages humane treatment of refugees and migrants alike, including respect for their rights, in accordance with international norms.  Various Special Representatives of the OSCE PA President also have human dimension portfolios, including Helsinki Commission Co-Chairman Rep. Chris Smith (Human Trafficking Issues) and Ranking Commissioner Sen. Ben Cardin (Anti-Semitism, Racism and Intolerance).

  • Interview with Chris Engels, Director of Investigations and Operations, Commission for International Justice and Accountability

    By Nathaniel Hurd, Senior Policy Advisor The Commission for International Justice and Accountability is a non-governmental organization that investigates atrocity crimes and terrorism committed during conflicts and prepares evidence for prosecutions in criminal trials. Chris Engels is a lawyer with more than 15 years of international experience. In 2016, he testified before the Helsinki Commission on bringing perpetrators of genocide and related crimes to justice. This interview covers the work of CIJA and Engels, U.S. national security interests, legacy, and current efforts on accountability for international crimes and terrorism, the support of Congress, and how being an American from Mississippi shaped Engels’ life and career. What is the Commission for International Justice and Accountability? CIJA’s core work is to collect evidence of international crimes such as genocide, crimes against humanity, war crimes, and terrorism committed during conflicts. Our current investigations include Iraq, Syria, Burma, and the Central African Republic. We have seen in our careers that evidence against dictators, military leaders, terrorist groups and others who committed terrible crimes, often against their own citizens, is destroyed, stolen, or hidden away by those responsible for these crimes. Because it is close to impossible for government law enforcement or international organizations to work in these places, given the security issues related to operating in an active conflict zone, we have taken on this task. We are able to collect, preserve and analyze all types of evidence, including paper documents, hard drives, laptops, and smart phones as well as open source and social media materials. We also speak to witnesses, whether they be victims, bystanders or those who had some role in the organizations that we are looking into. An important part of this work is to bring together evidence that demonstrates the responsibility of leaders who hide behind layers of command, who don’t get their hands dirty but are most responsible for the terrible crimes they plan and order others to commit. We also work with governments that are trying to deal with insurgent groups in their own countries. It’s completely reasonable that governments have little experience dealing with collection and analysis of evidence of these types of crimes, until they are attacked by an armed group. We’ve been dealing with these crimes for a long time and can advise and assist them as they fight to stop an insurgency and build cases against those who are responsible for the crimes. We help ensure that the right people are prosecuted for the full range of their crimes. The job is challenging, but we have a great group of people working with us who are highly motivated to make sure these criminals don’t get away with their crimes. Our team is made up of investigators, analysts, lawyers, and security professionals from a number of countries, with experience in all of the recent conflicts around the globe. We are also a local organization in a way, because we have team members from the countries we work in who are incredibly committed to bringing to justice those who are tearing their countries apart. Together, we are a unique and dedicated group. That’s the key to our success. Religious and ethnic minorities, like Christians and Yazidis, were targeted by ISIS for genocide, crimes against humanity, and war crimes. What work has CIJA done on atrocity crimes against these groups? CIJA is designed to tackle these challenging issues. We have done a great deal of work to identify those ISIS members responsible for crimes against minorities such as Yazidis and Christians, and we hope to do more. I believe that our work not only promotes justice for minority victims, but also helps to cut through political rhetoric and get to the facts. On the one hand, criminal investigations will lead to the individuals responsible being brought to justice. This is key for any community. We need to make sure that those who target minority groups are not allowed to go free, particularly in the same areas, living amongst the same groups that they killed, tortured and abused. At the same time, some people see these terrible crimes committed against minorities as a political issue, and then might refuse to label crimes a genocide or crimes against humanity for political reasons. Providing high quality evidence of the crimes committed, can minimize the politics involved and redirect people to the important issues, the safety of minority communities, justice for past crimes, and the right to return to and remain in their homes and their communities as quickly as possible. What is human rights documentation? How is it different from the work of CIJA? CIJA is the first, and still only, nonprofit set up to collect and analyze evidence of international crimes during conflict for prosecution. Other groups conduct what you’ve called human rights documentation. This is different in form and substance. Human rights documenters focus on collecting information and statistics on crimes committed. They then publish reports in order to raise awareness of crimes and lobby for other governments to get involved. This is noble work, unfortunately today, we see in Syria a situation where it is possibly the most heavily documented conflict in history from a human rights advocacy perspective, but this great work has not slowed the abuses committed in the country. Another difference is that CIJA investigates up to a criminal law standard, documenting the chains of custody of materials for example so that the evidence can be used successfully at trial. This level of evidence collecting is not needed for human rights documentation. Also, we are committed to working with law enforcement. Human rights documenters do not always want to work with law enforcement, because they want to remain independent in their reporting or because they do not have consent of their sources to share information with law enforcement. This all makes sense for their work. We simply have a different focus Who funds CIJA? We have had a number of donors over the years. Our current donors include the United Kingdom, Canada, the European Union, Germany, Demark, the Netherlands, and Norway. Describe your work as Director for Investigations and Operations. There is plenty of variety in my work, and I enjoy that. I am constantly on the road meeting with our field team members, working with local law enforcement, talking to witnesses, and training others to do this type of work. Of course, I spend some days in the office behind a computer hammering out management reports, doing research, writing up notes of interviews, and managing the operational side of the organization. That includes sitting with our team leaders to work out investigative plans, addressing security issues across the different conflict zones and countries where we have people, and developing strategies for our future work. I work with a great team full of dedicated people who all work hard. It is not always the case that you get to work with a competent team that enjoys their work. I am extremely fortunate to have such a professional and passionate team at CIJA. Describe CIJA’s collaboration with the Department of Homeland Security, FBI, and other U.S. government entities. By design, CIJA has a strong relationship with U.S. law enforcement. CIJA’s primary goal is to assist in the prosecution of those responsible for the terrible crimes committed during conflicts. We have the advantage of being able to operate safely in conflict zones with unique skills to preserve the materials we collect in a way that they can be used at trial. This is the key to our success. We are not interested in writing reports, human rights advocacy or political discussions. Those things are, of course, important. But CIJA focuses simply and solely on collecting evidence to ensure dictators, terrorists, and their cronies who kill, torture, and rape civilians do not escape justice. Once we have done our job, the information needs to get to law enforcement so that justice can be done. To do that, we work with any legitimate governmental agency that is investigating these types of crimes including the FBI and DHS. We are happy to work with them and believe it is our responsibility to do so. We received over 500 requests last year to assist in law enforcement investigations and the number is increasing this year. In the United States, this work has a national security element as well. If we can stop these criminals from getting into the United States, then we are all better off. By collecting evidence now, we can identify those who are responsible for these crimes and this information can assist in making sure they do not get visas and are not allowed to enter the United States. You can see how this information provides important data necessary to secure our U.S. borders against international criminals. Have members of Congress supported the work of CIJA? Oh yes. The best example of this is probably from congressional hearings on the issue. I have had the opportunity to appear before the Helsinki Commission and the Lantos Commission to discuss international criminal justice. Helsinki Commission Chairman Senator Wicker and Co-Chairman Congressman Smith, are both great supporters of this type of work and they fully support our justice efforts. More generally, you can see the will of Congress to support this type of work in the many resolutions, laws passed, and bills still making their way through Congress–like H.R. 390 (Iraq and Syria Genocide Emergency Relief and Accountability Act). It is clear to me that Congress supports justice for victims of these crimes and sees the value in making sure dictators and terrorists are brought to justice, giving notice to those who may consider similar paths in the future. How is this work relevant to the national security of the United States? It is directly relevant in many ways. For example, we have spent the last four years investigating individuals associated with Islamic State in Syria and Iraq. We have collected a great deal of evidence on fighters who had no plans to leave Syria when they arrived. Those who were completely happy to participate in the terrible crimes committed against civilians while Islamic State was winning the fight. Today, with the near totally defeat of Islamic State in Syria and Iraq, we see that many of these fighters are now trying to get back into Europe and eventually will attempt to make their way to America. The evidence we have will help ensure these individuals are not allowed to travel freely, and if they do try to do so, they will be arrested and prosecuted. I’d say a second benefit is that our evidence shows clearly that these so-called holy warriors were in reality drug traffickers, human traffickers, rapists, slavers, thugs and criminals that simply used their power to exploit and abuse anyone they chose for any reason. I think this helps open the eyes of some vulnerable young people who might join these types of groups. Islamic State has made good use of propaganda, but the reality is very different. Demonstrating this with strong evidence is a necessary part of any effort to stop the ideology from spreading into the country. We are happy to be working on that. It’s also important to say that governments that do not respect the rights of their own people certainly do not respect the rights of other people. It is not a coincidence that many governments which permit or even actively engage in the murder, torture, and rape of their citizens also protect, harbor, and even support people engaged in international terrorism. Regimes willing to engage in atrocities often become exporters of that terror to the United States and our allies at home and abroad. When the international community holds officials accountable for their crimes through fair trials, not only is justice served but it can also deter those who threaten peace and security from acting in the future. What is the American legacy, past and present, on this work? America’s leadership has promoted international justice from its earliest days. We were the engine behind the Nuremburg Tribunal and the other post-WWII prosecutions. We were a driving force for the Yugoslav and Rwanda tribunals. America has been an advocate of justice across the world and ready to stand up against dictators who were killing their people. This process is never simple; it’s often messy. But we as a people have pushed forward this sense of responsibility to protect others who cannot protect themselves. I believe that is a noble American trait that should preserved. What is it like being an American doing this work? What do you tell people abroad about your home country and home state? Do you miss home when you are abroad? Absolutely, I miss home when I am abroad. I think there are a lot of people working internationally who used this type of work to get out of the place they came from for whatever reason. That is not me. I love Mississippi; my family is there and so are the catfish and the crawfish. I believe in the work I do and that work takes me all over the world, but Jackson is my home. To put it more succinctly, the first house I bought was in Jackson, and I assume the last house I live in will be in Jackson as well. That is not to say I do not enjoy my time abroad. Even after 15 years or so of working overseas, I still feel lucky to be out in the world meeting interesting people from different backgrounds, hearing their stories and sharing some of my own Mississippi stories as well. Mississippi is complex, with all its relaxed, humid goodness mixed up with its troubled history. We all know, if you don’t keep an eye on that history, it will try to catch back up with the present, and I think most Mississippians are mindful of that. I used to be frustrated by all the preconceived notions people had about the South, but I got over that long ago. Sometimes, though, I have to remind people that I didn’t just pop out of the screen from a Hollywood movie or some anachronistic South, lacking culture and grammar, divided into two simplistic race-based groups that perpetually make bad decisions that keep them both poor and ignorant. To tell the truth, I still find it amusing and a little ironic that people who have never visited the South are okay with telling me about how bad things are in the South, but do not see any problem with stereotyping a whole region based on their limited information. I also think that Americans are often criticized for stereotyping or profiling other countries and regions based on limited information. But that mistake is universal. Every place, every people, every country is complex. Just living in a foreign country will teach you that and the learning will be quick. That’s what makes things interesting. The complexities and differences provide us with opportunities to think differently, act differently, and appreciate new perspectives. We in Mississippi can learn from the complex challenges people in other nations have faced. But we have much to share with them as well. More importantly, I run into tons of people who know something about Mississippi, whether it’s because of their love for blues or food, they have family or friends in Mississippi, or they’ve visited and want to talk about their next visit to the South. It’s great to talk to those people whether in Europe, the Middle East, Asia or on a plane in between. I also find plenty of people who are mystified by the South and want to know more. As you’ve probably guessed, I have plenty to say on that topic. There is more to be done to bring communities together in the South, but this experience can be a positive. We have come a long way as a group of people, while still facing relative poverty and still building trust across communities. There is a message in this work for those that are experiencing a civil war or reeling from its immediate aftermath. It’s a long road and not everyone is on board, but our example can give hope to those who currently have little reason to believe their tomorrow will be any better than their today. Describe growing up, going to college, and living in Mississippi. I grew up during a sweet spot in time for a Southerner, I believe. Being born in the mid-70’s, I spent my youth without the Internet. This not only freed up a great deal of time to run around in the woods, paddle down rivers, and occasionally act like I was fishing, but it also meant I was sort of sequestered, unknowingly, from the rest of the world. I also saw a changing South, and a changing Mississippi. By the time I could remember things going on around me, the great unrest of the civil rights era had shifted to a time of Southern-paced reconciliation and while no one would say it was perfect, we were moving forward as Mississippians throughout my youth. I think that reconciliation, like justice, is not something to be completed; it is an ongoing process and must be consciously acted upon by each generation. Looking back, I think we were doing that in my youth. I also picked up a great deal about fairness and respect for individuals from living in Mississippi. We are a people who believe in the power of the individual to change his or her place in life and that those who abuse their power should not be allowed to take advantage of folks. There is a balance in Mississippi between not getting involved in another person’s business and standing up when someone is being mistreated. I think that, as simplistic as it might sound, is the root of my drive to do this work. Mississippi is my home. My family and friends are in Mississippi. My house is in Mississippi. I vote in Mississippi, and I am a member of the Mississippi Bar Association. I spend a lot of time in foreign countries because my work requires it. When people ask me where I am from, I am proud to tell them I’m from Mississippi. I love to tell the story of Mississippi, and when I’m home, I love to live that story. What about your experience as an American, specifically one from Mississippi, has fueled your commitment to justice, accountability, counter-terrorism and preventing violence extremism? What have you learned as an American, from Mississippi, that formed how you see others? I think my experiences growing up have given me some small level of insight into the desire of those I work with to reconcile and rebuild a peaceful and successful society that is better for their children. It’s not just about bringing those to justice who are responsible for these atrocities, it is also about bringing society back together, reconciling after these conflicts, and justice is an important part of that. In Bosnia for years after the war, women walked down the street and saw their rapists, men saw their torturers and young children saw those who executed their fathers and mothers. Communities cannot mend without justice. Martin Luther King Jr. said it well, “True peace is not merely the absence of tension: it is the presence of justice.” I like to think my work helps to ensure that justice is present for dictators and war criminals wherever they might be. Yes, some would consider investigating atrocities in Syria and Iraq a dangerous job, and sometimes it might even seem futile given the fact the conflict has lasted so long, but I believe the time will come when the world will try those responsible, and when that time comes CIJA’s work will ensure that the proper evidence is ready and available. In the meantime, we are constantly working with law enforcement agencies around the world to arrest and prosecute those who leave Syria and Iraq and are found in countries willing to bring them to justice. What are the most satisfying aspects of your job? I hate that there is a need for my job, but I love doing it. One of the most satisfying parts of my job is to see criminals who thought they were going to get away with torturing and killing their own people, their neighbors, and former classmates, arrested and prosecuted for their terrible acts. But it’s not just about bringing those powerful criminals to justice, it is also about bringing society back together and reconciling after these conflicts. Ensuring those who were most responsible are taken out of the mix and are serving out criminal sentences for their crimes is key to making sure the rest of the society can move forward. I don’t believe we can solve all the problems in the world, but I want to do a good job at this small piece of it. If I can do that, then I feel like all the time and energy is worth it.

  • Viewing Security Comprehensively

    By Alex Tiersky, Senior Policy Advisor, Global Security and Political-Military Affairs What does an annual human rights dialogue have to do with peace and security? To the uninitiated, the answer may not be obvious. The OSCE’s annual Human Dimension Implementation Meeting (HDIM) focuses on the compliance by participating States with the Helsinki Final Act’s ten guiding principles for relations between states, including respect for human rights, and with its humanitarian commitments.  Like the OSCE’s annual reviews of the security and the economic/environmental dimensions, the HDIM is a deep dive into a specific group of issues embraced by the OSCE. Yet all three of these dimensions are inextricably intertwined. The 1975 Helsinki Final Act enshrined groundbreaking linkages between the rights of the individual and peaceful relations among states in the concept of comprehensive security. It explicitly recognized that democracy, fundamental freedoms, and the rights of persons belonging to minorities underpin regional peace and security. By signing the document, all OSCE participating States have agreed that lasting security cannot be achieved without respect for human rights and functioning democratic institutions. The Potential of Comprehensive Security Soviet dissident groups were among the first to recognize the potential of the Helsinki Final Act’s then-revolutionary linkages. According to Yuri Orlov in Ludmilla Alexeyeva’s memoir “Thaw Generation,” the founders of the Moscow Helsinki Watch Group observed that the act represented “the first international document in which the issue of human rights is discussed as a component of international peace,” empowering dissident groups to hold their own authorities to account for human rights violations by way of other governments’ assessments. American presidents have repeatedly underlined the significance of the comprehensive concept of security enshrined in the Helsinki Final Act. President Ronald Reagan, returning from discussions with his Soviet counterpart in October 1986, made clear that progress on lessening of tensions and possible arms control agreements would require trust between the two sides, and that this trust was in turn predicated on the Soviet government’s record on meeting human rights commitments: “… I also made it plain, once again, that an improvement of the human condition within the Soviet Union is indispensable for an improvement in bilateral relations with the United States. For a government that will break faith with its own people cannot be trusted to keep faith with foreign powers.” President George H.W. Bush in 1992 underlined that in the act, “participating States recognized respect for human rights as an ‘essential factor’ for the attainment of peace, justice and cooperation among nations.” President Barack Obama in 2015 hailed the act’s central conviction that “the security of states is inextricably linked to the security of their citizens’ rights.” The concept of comprehensive security also lay behind the establishment of institutions such as the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), which is tasked by the participating States with helping governments to meet their commitments to human rights and democracy. ODIHR describes its mission as “a cornerstone of the OSCE’s comprehensive concept of security.” Similarly, OSCE field missions helping OSCE participating States to strengthen their democracy and thereby their security through the implementation of the OSCE commitments in areas ranging from minority rights to media freedom. The relevance of human rights to building and upholding both internal and international peace has also been a reoccurring theme in the work of the OSCE Parliamentary Assembly. For example, in June 2017  the rapporteur of the OSCE PA Committee on Democracy, Human Rights, and Humanitarian Questions urged OSCE “governments to prioritize commitments to protect fundamental human rights and freedoms of every individual in addressing such pressing issues as countering violent extremism.” Comprehensive Security and the Helsinki Commission The comprehensive concept of security also inspired today’s U.S. Helsinki Commission. The commission has heard on numerous occasions from serving government officials just how crucial the relevance of human rights within states is to security among states. For instance, at a Helsinki Commission hearing while serving as Assistant Secretary of State for European and Eurasian Affairs, Philip Gordon emphasized, “The OSCE’s comprehensive approach to security offers a vehicle for engagement across the political, military, economic, and human rights dimensions. ... one of the most important features of the OSCE is that it recognizes that security is not just about what happens between states or beyond borders, but what happens within them.” At the same hearing, then-Assistant Secretary of State for Democracy, Human Rights, and Labor Michael Posner underlined, “Respect for human rights and fundamental freedoms within states is an essential element of security and prosperity among states. This principle lies at the core of the OSCE. Without a vigorous Human Dimension, the Helsinki Process becomes a hollow shell.” Helsinki Commissioners consistently emphasize the linkages between the various dimensions of security in all aspects of their work, including efforts to condemn torture; defend the rights of a free press; protect human rights and fundamental freedoms in the fight against terrorism; or underline the importance of individual liberty and the rule of law as the foundations of the NATO alliance. In 2017, all Senate members of the Helsinki Commission jointly introduced a introduced a bipartisan resolution urging President Trump to recognize the importance of the Helsinki Final Act and its relevance to American national security.  As Chairman Roger Wicker observed, “Peace and prosperity in the OSCE region rest on a respect for human rights and the preservation of fundamental freedoms, democratic principles, and economic liberty.” 

  • Snapshot: Challenges to Press Freedom in the OSCE

    As the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR) convenes the annual Human Dimension Implementation Meeting (HDIM) conference in Warsaw, Poland—the largest human rights gathering of any kind in Europe—journalists in several OSCE participating States continue to face intimidation, persecution, violence, and even imprisonment just for doing their jobs. Albania: On August 30 in Albania, the home of the father of News 24 TV crime reporter Klodiana Lala was sprayed with bullets, according to the investigative website BalkanInsight.   Fortunately, nobody was injured.  Lala has been reporting on organized crime in Albania for years. Other investigative journalists have been harassed in the past. Azerbaijan: Azerbaijan’s documented record of continued harassment of both foreign and domestic media, including intimidation through lawsuits and even imprisonment, has continued in 2018. Since early last year, the government has blocked the websites of Meydan TV, the Azadliq newspaper, Turan TV, and the U.S.-sponsored Radio Free Europe/Radio Liberty’s (RFE/RL) Azeri service, among others, effectively stifling the country’s only remaining major sources of independent news. Among those journalists investigating official corruption, Mehman Huseynov is serving a two-year sentence for defamation and Afgan Mukhtarli is serving a six-year sentence for entering the country illegally despite credible reports that he was abducted from Georgia in 2017 and brought into Azerbaijan against his will. According to news reports, Khadija Ismayilova, an investigative journalist formerly with RFE/RL who was imprisoned for 18 months in 2014-15, remains under a travel ban and met with German Chancellor Angela Merkel during her recent visit to Azerbaijan to discuss the continued harassment of the media. Bosnia and Herzegovina: On August 26, Vladimir Kovacevic, a reporter for the independent Bosnian Serb television station BNTV, was attacked and severely beaten outside of his home after reporting on an anti-government protest in Banja Luka, according to Voice of America (VOA). Belarus: On August 7-8 2018, Belarusian authorities raided several independent media outlets, confiscated hard drives and documents from offices and apartments, and detained 18 journalists, including the editor-in-chief of Tut.by, Marina Zolotova. According to press reports, the Belarusian Investigative Committee accused the targeted media outlets of illegally accessing the subscription-only news website BelTA, a crime punishable by fines and up to two years of either house arrest or prison time. While all detained journalists have been released, Belarusian authorities have prohibited them from leaving the country while the charges are being investigated, according to the Belarusian Association of Journalists. These latest actions came on the heels of other recent incidents targeting the country’s independent media. As reported by RFE/RL, Belarusian lawmakers passed controversial amendments to the country's media laws in June 2018 which they claimed were necessary to combat so-called "fake news." In July, a Minsk court sentenced Belarusian journalist Dzmitry Halko to four years in a guarded dormitory and forced labor after convicting him of assaulting two police officers. Natallya Radzina, the Poland-based chief editor of independent news site Charter97, reported she received death threats. In addition, well-known Belarusian blogger Sergey Petrukhin has been harassed and detained in recent months, according to the CPJ. Independent media outlets like Belsat TV has received at least 48 fines since the start of 2018, according to Reporters Without Borders (RSF). Croatia: In late June, the European Federation of Journalists reported that Croatian journalist and owner of Zadar News Hrvoje Bajlo was beaten up in Zadar, resulting in his hospitalization. He was also threatened with death if he continued his writings.   Montenegro: Olivera Lakić, an investigative journalist for the Montenegrin newspaper Vijesti, was wounded outside her home by a gunman on May 8, The Guardian reported.  She had been reporting on official corruption in the country.   A bomb exploded in front of the home of one of her associates earlier in the year. Russia: Russia remains a challenging place for independent media to survive, much less thrive.  Journalists remain the target of harassment, arrest, and intimidation. According to the CPJ, five journalists are currently serving prison sentences related to charges of defamation, ethnic or religious insult, or anti-state rhetoric. One of the most notable cases is that of Ukrainian filmmaker Oleg Sentsov, who was arrested by Russian authorities in Crimea, and is currently serving a 20-year prison sentence on charges of terrorism. He has been on a hunger strike since May14, 2018, calling for “the release of all Ukrainian political prisoners that are currently present on the territory of the Russian Federation.”   Many governments, including the U.S., and non-governmental groups have raised concerns about his case directly with the Russian government and called for his release. Serbia: The Association of Journalists of Serbia (UNS) said it had registered 38 cases in which journalists and media workers had reported attacks and other types of harassment since the year began.  Turkey: Turkey continues to be the world’s leading jailer of journalists, according to CPJ. In 2017, CPJ documented 73 Turkish journalists in prison; Turkish civil society groups, such as the Journalists’ Union of Turkey and P24, estimate that the number is at least twice as high (149 and 183, respectively). Most imprisoned journalists are charged with terrorism, including links to the movement led by Fethullah Gulen, whom the government accuses of masterminding an attempted coup in 2016. Over the past year, dozens have been sentenced to lengthy prison sentences, often on charges related to terrorism.  Fourteen Cumhuriyet journalists were sentenced in April, 2018, and six journalists from Zaman newspaper were sentenced in July. Even Turkish journalists living outside of Turkey are not exempt from persecution. According to the Department of State’s 2017 Human Rights Report, 123 Turkish journalists currently living in other countries are too afraid of reprisal, harassment, or arrest to return. The government has also used emergency powers to shutter nearly 200 media outlets, putting scores of journalists out of work. Meanwhile, a small group of large business conglomerates loyal to the government have consolidated their control over the vast majority of Turkey’s mainstream media. Ukraine: In a recent ruling that threatens the internationally recognized protection of a journalist’s sources, a court in Ukraine approved the prosecutor-general’s request for the cell phone data of an RFE/RL investigative reporter. The journalist is Natalia Sedletska, host of the award-winning anti-corruption TV show “Schemes: Corruption in Details,”  a joint production of RFE/RL and Ukrainian Public Television. The information requested includes phone numbers; the date, time, and location of calls, text messages, and other data, which the prosecutor-general’s office claims is needed as part of a criminal investigation. During the period covered by the request, however, the program Schemes has reported on several investigations of senior Ukrainian officials, including the prosecutor-general.  The brutal murders of Jan Kuciak and his fiancé in Slovakia and Daphne Caruana Galizia in Malta are stark reminders of the tremendous risks investigative journalists take to expose crime and corruption within the government. While public outrage over Kuciak’s killing led to the resignation of multiple cabinet officials in Slovakia, so far there have been no indictments for the crime. In Malta, three people have been indicted in connection with Galizia’s murder, but those who ordered the assassination remain at large. In the United States, five journalists at the Capital Gazette in Annapolis, MD, were brutally murdered in June by a gunman who allegedly was disgruntled by an article the Gazette had written regarding his arrest and subsequent probation for harassing former high school classmates on social media. This is merely a snapshot of the daily challenges and real danger that journalists, editors, and media professionals face in many OSCE participating States. Despite politically charged global rhetoric about the role and purpose of the media, freedom of speech remains a cornerstone of any functioning democracy, and a reliable, trustworthy, and professional media free to do its job without harassment or threat is essential.

  • What’s really behind Putin’s obsession with the Magnitsky Act

    Standing by President Trump’s side in Helsinki for their first bilateral summit, Russian President Vladimir Putin made what Trump described as an “incredible” offer: He would help U.S. investigators gain access to Russian intelligence officers indicted for the 2016 election hacking, on one small condition. “We would expect that the Americans would reciprocate and they would question [U.S.] officials … who have something to do with illegal actions on the territory of Russia,” Putin said, producing the name to indicate what actions he had in mind: “Mr. Browder.” Bill Browder, an American-born financier, came to Russia in the 1990s. The grandson of a former general secretary of the Communist Party USA, Browder by his own admission wanted to become “the biggest capitalist in Russia.” He succeeded and was for a decade the country’s largest portfolio foreign investor. Whatever the sins of Russia’s freewheeling capitalism, Browder’s real crime in the eyes of the Kremlin came later, after he had been expelled from Russia in 2005. In 2008, his Moscow lawyer, Sergei Magnitsky, uncovered a tax scam involving government officials that defrauded Russian taxpayers of $230 million. He did what any law-abiding citizen would, reporting the crime to the relevant authorities. In return, he was arrested and held in detention without trial for almost a year. He was beaten and died on Nov. 16, 2009, at Moscow’s Matrosskaya Tishina prison under mysterious circumstances. Officials involved in his case received awards and promotions. In a chilling act worthy of Kafka, the only trial held in the Magnitsky case was a posthumous sentencing of himself — the only trial against a dead man in the history of Russia. It was then that Browder turned from investment to full-time advocacy, traveling the world to persuade one Western parliament after another to pass a measure that was as groundbreaking as it would appear obvious: a law, commemoratively named the Magnitsky Act, that bars individuals (from Russia and elsewhere) who are complicit in human rights abuses and corruption from traveling to the West, owning assets in the West and using the financial system of the West. Boris Nemtsov, then Russia’s opposition leader (who played a key role in convincing Congress to pass the law in 2012), called the Magnitsky Act “the most pro-Russian law in the history of any foreign Parliament.” It was the smartest approach to sanctions. It avoided the mistake of targeting Russian citizens at large for the actions of a small corrupt clique in the Kremlin and placed responsibility directly where it is due. It was also the most effective approach. The people who are in charge of Russia today like to pose as patriots, but in reality, they care little about the country. They view it merely as a looting ground, where they can amass personal fortunes at the expense of Russian taxpayers and then transfer those fortunes to the West. In one of his anti-corruption reports, Nemtsov detailed the unexplained riches attained by Putin’s personal friends such as Gennady Timchenko, Yuri Kovalchuk and the Rotenberg brothers, noting that they are likely “no more that the nominal owners … and the real ultimate beneficiary is Putin himself.” Similar suspicions were voiced after the publication of the 2016 Panama Papers, which showed a $2 billion offshore trail leading to another close Putin friend, cellist Sergei Roldugin. Some of the funds in his accounts were linked with money from the tax fraud scheme uncovered by Magnitsky. Volumes of research, hours of expert testimony and countless policy recommendations have been dedicated to finding effective Western approaches to Putin’s regime. The clearest and the most convincing answer was provided, time and again, by the Putin regime itself. It was the Magnitsky Act that Putin tasked his foreign ministry with trying to stop; it was the Magnitsky Act that was openly tied to the ban on child adoptions; it was the Magnitsky Act that was the subject of the 2016 Trump Tower meeting attended by a Kremlin-linked lawyer; it is advocating for the Magnitsky Act that may soon land any Russian citizen in prison. It was the Magnitsky Act that Putin named as the biggest threat to his regime as he stood by Trump’s side in Helsinki. After the Trump-Putin meeting, the Russian Prosecutor-General’s Office released the names of U.S. citizens it wants to question as supposed associates of Browder. The list leaves no doubt as to the nature of the “crime.” It includes Michael McFaul, senior director for Russia policy at the Obama White House and later U.S. Ambassador in Moscow who oversaw the “compiling of memos to the State Department … on the investigation in the Magnitsky case.” It includes David Kramer, former assistant secretary of state in the George W. Bush administration, who, as president of Freedom House between 2010 and 2014, was one of the most effective advocates for the Magnitsky Act. Perhaps most tellingly, it includes Kyle Parker, now chief of staff at the Commission on Security and Cooperation in Europe, who, as the lead Russia staffer at the commission, wrote the bill that subsequently became the Magnitsky Act. Vladimir Putin has left no doubt: The biggest threat to his regime is the Magnitsky Act, which stops its beneficiaries from doing what has long become their raison d’être — stealing in Russia and spending in the West. It is time for more Western nations to adopt this law — and for the six countries that already have it to implement it with vigor and resolve.

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