Title

Commission to Hold Hearing with OSCE Human Rights Appointees

Tuesday, July 15, 2014

WASHINGTON—Today the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) announced the following hearing:

Anti-Semitism, Racism and Discrimination in the OSCE Region

Tuesday, July 22, 2014
10:00 a.m.
Dirksen Senate Office Building
Room 562

Following an escalation of anti-Semitic hate crimes a decade ago, the Organization for Security and Cooperation in Europe (OSCE) intensified efforts to combat prejudice and discrimination throughout Eurasia and North America. Since 2004, three Personal Representatives have been appointed annually by the OSCE Chair-in-Office (currently Switzerland) to address anti-Semitism; racism, xenophobia, and discrimination including against Christians and members of other religions; and intolerance and discrimination against Muslims. In an official joint visit to the United States, the Personal Representatives will address progress and ongoing challenges in the OSCE region a decade after the creation of their positions.

The following witnesses are scheduled to testify:

  • Rabbi Andrew Baker, Personal Representative on Combating Anti-Semitism
  • Professor Talip Küçukcan, Personal Representative on Combating Intolerance and Discrimination against Muslims
  • Alexey Avtonomov, Personal Representative on Combating Racism, Xenophobia and Discrimination, also focusing on Intolerance and Discrimination against Christians and Members of Other Religions
Media contact: 
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
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    Human trafficking remains a pressing human rights violation around the world with the International Labor Organization estimating that nearly 21 million people are enslaved at any given time, most of them women and children. As part of U.S. efforts to combat human trafficking, the U.S. Department of State today released the 2017 Trafficking in Persons Report (TIP Report), reflecting the efforts of 187 countries and territories to prosecute traffickers, prevent trafficking, and to identify and assist victims, as described by the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Trafficking Victim Identification and Care: Regional Perspectives According to the new TIP Report, in the 2016 reporting year, countries in the OSCE region identified 304 more trafficking victims than in the previous year, for a total of 11,416 victims.  This increase is particularly notable when compared to the East Asia and Pacific, Near East, South and Central Asia, and Western Hemisphere regions, where victim identification declined, but still maintained a generally upward trend over 2014.  Trafficking victim identification and care is critical for proper management of refugee and migrant flows.  In order to help law enforcement and border guards identify trafficking victims among the nearly 400,000 migrants and refugees entering the region last year, the OSCE Office to Monitor and Combat Trafficking in Human Beings launched a new project to conduct multiple trainings, including simulation exercises, through 2018.  The first training in November 2016 included participants from 30 OSCE participating States. Victim identification and care are also critical for successful prosecutions.  Nearly every region of the world saw a drop in prosecutions of human traffickers, but an increase in convictions in the 2016 reporting year.  This trend may reflect a growing knowledge among prosecutors of how to successfully investigate and prosecute a trafficking case.  It also may reflect an overall increase in trafficking victims who have been identified, permitted to remain in-country, and cared for such that the victims—now survivors—are ready, willing, and able to testify against their traffickers.  Despite the dramatic decline in prosecutions (46 percent) in the OSCE region, convictions held steady at nearly the same numbers as the previous year. Individual Country Narratives Along with regional statistics, the TIP Report also provides individual country narratives, recommendations for the most urgent changes needed to eliminate human trafficking, and an assessment of whether the country is making significant efforts to meet the minimum standards for the elimination of human trafficking. Tier 1 countries meet the minimum standards for the elimination of human trafficking. Tier 2 countries do not yet meet the standards, but are making significant efforts to do so.  Tier 2 Watch List countries do not meet the minimum standards and are making significant efforts to do so, but have a very large or increasing number of trafficking victims, have failed to demonstrate increasing efforts over the previous year, or lack a solid plan to take additional steps in the coming year. Tier 3 countries do not meet the minimum standards and are not making significant efforts to do so. Twenty-five OSCE participating States qualified for Tier 1 in the TIP Report.  Nineteen participating States qualified for Tier 2, including Ukraine, which was upgraded this year after four years on the Tier 2 Watch List.  Five participating States were designated for the Tier 2 Watch List, including Hungary, Moldova, Montenegro, Serbia, and Bulgaria.* Four participating States were on Tier 3, including Belarus, Russia, Turkmenistan, and Uzbekistan.  States on Tier 3 may be subject to sanctions. Legislation authored by Helsinki Commission Co-Chairman Rep. Chris Smith—who also serves as the Special Representative for Human Trafficking Issues to the Organization for Security and Cooperation in Europe Parliamentary Assembly – requires the TIP Report to be produced every year.  In recent years the report has also included an assessment of the United States.   Since the inception of the report, more than 100 countries have written or amended their trafficking laws, with some nations openly crediting the report for inspiring progress in their countries’ fight against human trafficking. * OSCE participating States Andorra, Monaco, Lichtenstein, and San Marino are not included in the TIP Report.

  • The Nagorno-Karabakh Conflict

    The Nagorno-Karabakh conflict between Armenia and Azerbaijan remains one of the world’s most intractable and long-standing territorial and ethnic disputes. Its fragile no-peace, no-war situation poses a serious threat to stability in the South Caucasus region and beyond.  The conflict features at its core a fundamental tension between two key tenets of the 1975 Helsinki Final Act: territorial integrity and the right to self-determination. As part of the Helsinki Commission’s continued engagement on security challenges across Europe and Eurasia, this short primer on the conflict lays out the conflict’s origins and recent evolution, as well as the role of key players including Russia, the United States, and the OSCE. Download the full report to learn more.

  • The Romanian Anti-Corruption Process: Successes and Excesses

    Corruption is an issue of particular concern to the United States and the OSCE because of the threat it poses to security, economic development and human rights. Romania has a history of combating corruption since the fall of Communism, and to this day struggles to maintain transparency in its government institutions and businesses. The fight against corruption is the modern arena for the protection of democratic institutions and freedoms, which for Romania means the strengthening of its institutions and rule of law. The U.S. Helsinki Commission’s hearing on June 14, 2017, focused on Romania’s anti-corruption process, examining progress as well as recommendation for the United States to help support these goals.   “Romania’s anti-corruption efforts have garnered international attention and have been held up as an example for other countries, such as Ukraine,” observed Chairman Wicker. “We want those efforts to be successful. In holding this hearing today, we hope to support those working to fight against corruption in a way that is consistent with the rule of law and strengthens the democracy Romanians have worked so hard to build.” Witnesses at the hearing included Ambassador Marc Gitenstein, former U.S. Ambassador to Romania from 2009 to 2012 and a partner at leading global law firm, Mayer Brown; Ms. Heather Conley, Senior Vice President for Europe, Eurasia, and the Arctic, and Director of the Europe Program at the Center for Strategic & International Studies; Mr. David Clark, a British foreign policy commentator and consultant with Shifting Grounds; and Mr. Philip Stephenson, Chairman of the Freedom Group and former partner of the International Equity Partners.  Witnesses overwhelmingly stressed the need for continued anti-corruption work in Romania and made recommendations for strengthening and improving those efforts. In his opening statement, Ambassador Gitenstein conveyed his optimistic view of Romanian anticorruption efforts, and pointed to the recent mass demonstration in January of this year—the largest in Romania since 1989—as evidence of strong public support for continued progress. In this regard, he said Romania was a model for the region, and continues to meet benchmarks set by the Cooperation and Verification Mechanism (CVM) of the EU - a special monitoring mechanism established by the EU as a condition for Romania’s accession. Ms. Conley characterized the fight against corruption as “a matter of national security.”  While echoing Ambassador Gitenstein’s optimism, she underlined that Romania is not done with its fight against corruption. She stated that the United States decreased the amount of assistance to Romania after the country’s accession to the EU and NATO, suggested that this was a mistake. “This is what leaving the policy playing field looks like,” Ms. Conley argued. She warned that allowing corruption to spread and create weaknesses within Romanian institutions would allow for future exploitation by Russia. Mr. David Clark expressed concern regarding several areas of Romania’s anti-corruption measures, which he said had been tainted by the politicization of justice, collusion between prosecutors and the executive branch, intelligence agency influence over the process, lack of judicial independence and other abuses of the process. He doubted the accuracy of the European Union’s CVM progress reports due to the Union’s “epic capacity for wishful thinking,” as evidenced by how slow the EU has been to respond to the serious deterioration of democratic standards in Hungary and Poland. He pointed to several troubling human rights violations in Romania and urged the Helsinki Commission to ask hard questions of the State Department and support better reporting on corruption issues in the annual State Department Country Reports on Human Rights. Mr. Phil Stephenson described his personal experience with the Romanian judicial system and his ongoing investigation by DICOTT, an antiterrorism organization in Romania, stating that “the fight against corruption itself has been corrupted.” He appreciated the attention that the Commission was bringing to the issue of corruption in Romania and argued that continued attention will protect against deficiencies in the anti-corruption process.

  • Minority Faiths Under the Hungarian Religion Law

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Hungary.  This decision followed a 2014 finding by the Court that Hungary's 2011 law on religion violated the rights to freedom of association and freedom of religion.  In light of the failure of Hungary to end continuing violations, the April judgment awarded the Evangelical Fellowship €3 million in damages.  Religious Discrimination after the 2011 Law The case has its origins in changes made to Hungary’s religion law, which establishes a framework for the registration, or official recognition, of churches.  The law was rushed through parliament in June 2011 in a midnight parliamentary session as part of a massive three-year wave of 700 new laws, a new constitution, and five amendments to the Constitution passed between 2010 and 2013.  The “church law,” as it is known, came into force in 2012 and stripped legal recognition from over 300 previously recognized faiths; only 14 faiths retained their status under the new law.  The law gives the exclusive authority to the elected politicians in the Hungarian parliament to determine what constitutes a church, based on a parliamentary review of a religious community’s faith and rites; bylaws and internal rules; and elected or appointed administrative and representative bodies. The parliament then makes its decision according to a two-thirds vote.  Churches recognized by the parliament are granted a range of financial benefits and other privileges, including the ability to minister to co-religionists in public institutions such as schools, prisons and the military; unregistered faiths are denied these benefits.   Religions that lose their state recognition may have their assets confiscated by the state.  Hungarian Ombudsman Mate Szabo criticized the law when it was adopted and the Constitutional Court has twice struck down parts of the new religion law.  Parliament changed the law to allow unrecognized groups to identify as “churches” (translation:  “you can call yourself whatever you want”), but refused to alter the discriminatory framework that excludes unregistered faiths from the benefit of official status (translation:  “you’ll still have second-class status”).  In other words, there was no meaningful legislative change to address the law’s shortcomings.   The Hungarian Evangelical Fellowship, joined by several smaller groups, including Mennonites, two small reformed Jewish congregations, and a Buddhist congregation, brought the case that was decided by the European Court in 2014.  The European Court held that the “church law” is “inconsistent with the State’s duty of neutrality in religious matters that religious groups had to apply to Parliament to obtain re-registration as churches and that they were treated differently from incorporated churches with regard to material benefits without any objective grounds.”  Damages were awarded to the other religious communities in 2016, but the Hungarian Evangelical Fellowship continued to seek damages in light of continuing violations. In its April 2017 decision, the court awarded €3 million to the Hungarian Evangelical Fellowship.  The damages for discriminatory treatment included the loss of personal income tax donations and the corresponding supplementary State subsidy; the loss of State subsidies intended to support the applicant’s social and educational institutions; the loss of subsidies for religious teaching; and the loss of salary supplements paid to the staff employed by church institutions providing public-interest services. Unfortunately, the Court does not have the authority to compel Hungary to change its religion law and it is up to the Hungarian parliament to take the measures to comply with the ruling.  (The Court may award damages again – and again – in the case of continuing violations.) De-registered churches may be able to get a judgment for damages in Strasbourg, but only Budapest can provide a legal remedy.  The government may be trying to squeeze the Hungarian Evangelical Fellowship out of existence by depriving them of the benefits extended to other faiths and forcing them to devote resources to constantly litigate and re-litigate the same violations.  Smaller churches de-registered after 2011 have already largely been shuttered.  About the Hungarian Evangelical Fellowship The Hungarian Evangelical Fellowship broke from the Hungarian Methodist Church in the mid-1970s over the issue of collaboration with the communist regime. As a faith that would not bend to the communist regime, the Hungarian Evangelical Fellowship was subsequently forced underground and persecuted for engaging in charitable work with the poor at a time when the communist regime was loath to admit that poverty was a serious problem.  After the fall of the communist regime, in 1991 the Hungarian Evangelical Fellowship was officially recognized until stripped of this status under the 2011 law.  The Hungarian Evangelical Fellowship is known for its charitable and humanitarian work, particularly with Romani communities, and runs schools, homeless shelters, and soup kitchens. However, becausethe Hungarian tax authority has refused to issue a tax number to deregistered churches such as the Evangelical Fellowship, it is impossible for them to be designated them as recipients of a 1 percent charitable donation on tax forms.   Related Issues In 2017, the Hungarian Government has also proposed a Russian-style “foreign agents” law, which is currently scheduled for a vote by parliament, possibly on June 13. In recognition of criticism that, among the draft law’s many problems, it would stigmatize groups that receive foreign funding – including support from co-religionists in other countries – the current draft was altered to include a carve-out exception for religious organizations and sports.  If adopted, the law may spur the adoption of copycat laws in the region that might not have the same carve-outs for religious groups.  During a press conference in April, Prime Minister Viktor Orban’s chief of staff Janos Lazar suggested that Hungarian groups that receive foreign funding should be designated with a star.  He later apologized.

  • Helsinki Commission to Hold Hearing on Romanian Anti-Corruption Process

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: THE ROMANIAN ANTI-CORRUPTION PROCESS: SUCCESSES AND EXCESSES Wednesday, June 14, 2017 9:30 AM Senate Visitors Center (SVC) Room 212-210 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce061417 Since the fall of Communism, Romania’s greatest challenge has been the fight against corruption. This fight has largely succeeded, with powerful national-level prosecutors (the National Anticorruption Directorate) getting public support and scoring large numbers of convictions ranging from the level of local politicians to former Prime Ministers. However, two worrying trends have developed recently. First, in what was seen as an attempt to exempt government officials from prosecution, a move by the government to pardon government officials whose abuse of office caused damages of less than $47,000 led to the largest mass protests since 1989. Second, there are indications that some elements of the Romanian state, including possibly the security services, are using the necessary and popular fight against corruption as a pretext, in a few cases, to punish political opponents and expropriate business interests. The hearing will examine the current state of the Romanian anti-corruption process with goal of understanding its successes and excesses and how best to respond. The following witnesses are scheduled to testify: Ambassador Mark Gitenstein, Special Counsel, Mayer Brown Heather Conley, Senior Vice President, Center for Strategic and International Studies David Clark, Foreign Policy Commentator and Consultant Philip Stephenson, Chairman, Freedom Capital

  • 14th Annual South Caucasus Media Conference

    The Annual South Caucasus Media Conference hosted by the OSCE Office of the Representative of Freedom of the Media brings together government officials, journalists, media experts, and civil society representatives to discuss media freedom in the countries of the South Caucasus: Georgia, Armenia, and Azerbaijan. Initiated in 2004 by former Representative of Freedom of the Media Miklos Haraszti, the South Caucasus Media Conference aims to address modern challenges to media freedom and discuss common problems and potential solutions. Conference focuses have ranged from internet freedom and governance, to public service broadcasting, to dealing with libel. Following a year where the term “fake news” entered common media lexicon, the 2017 conference was appropriately titled “Fake news, disinformation, and freedom of the media.” Panels at the conference were well-balanced with perspectives from government officials, journalists, and media experts across the countries of the South Caucasus and beyond. The practice of bringing many stakeholders to the table is an effective way to identify shared problems and best practices to promote media freedom in the South Caucasus region. Whenever possible, the OSCE practices an open-door policy to include participants from NGOs and civil society. This gives government and civil society actors equal seats at the table and facilitates unfettered dialogue. Download the full report to learn more.

  • Russia’s Weaponization of Corruption (and Western Complicity)

    By Paul Massaro, policy advisor and Amelie Rausing, intern Russia’s weaponization of corruption—its export of corrupt practices via the abuse of western legal and financial loopholes in order to further its geopolitical goals—has stimulated anti-American sentiment in Europe and galvanized extremist forces on both sides of the Atlantic. While Moscow pushes its anti-globalization narrative, it is simultaneously taking advantage of globalization to export its own version of crony capitalism to many countries in the OSCE region. The Russian brand of corruption thrives off of globalization and depends on access to the global financial system. Under this model, weak property rights and lack of rule of law support a corrupt system at home, where markets are distorted and courts are politicized. State funds are looted and assets are acquired through corporate raiding and asset stripping. Cronies then siphon off national funds to safe havens outside of former Soviet countries. Offshored money can be used to buy real estate, education, and health care in the United States and in Europe. It can also be used back home, to finance rigged elections, support local political figures, reward loyal cronies, and fund projects strategically important for geopolitical goals. Stolen money can also buy influence and keep foreign governments friendly. In the meantime, popular discontent brews domestically. Western politicians often argue that globalization undermines corruption and authoritarianism. In reality, that is not the whole story. The emergence of a parallel, opaque, financial system that allows dictators to anonymously and untraceably funnel money to the West is one of the direst consequences of an increasingly globalized world. European and American lawyers, bankers, lobbyists, and accountants provide services that facilitate and benefit from the laundering of stolen assets. Illicit wealth is then invested in real estate in cities like London, New York, and Miami. In many cases, victims are well aware of the West’s complicity in funneling off their hard-earned taxes and state budgets. Their sense of powerlessness is further fortified when the United States and European countries fail to trace and recover funds that have vanished in the global financial system. It strengthens the sense of a culture of impunity for grand corruption, a public setback that can then be exploited by extremist voices. In Russia, “Londongrad” is widely known as the capitol of Russia’s stolen wealth. Furthermore, in the digital era, stolen assets are flaunted on social media for everyone to see. Last year, reporters from the Organized Crime and Corruption Reporting Project (OCCRP) and Novaya Gazeta established that a 280-plus foot super-yacht named St. Princess Olga belonged to Putin crony and Rosneft CEO Igor Sechin after examining the social media accounts of his rumored girlfriend, Olga Rozhkova. While the exact price of the yacht is unknown, it is estimated to be around $190 million. At best, the United States and other Western countries are accused of facilitating the looting of corrupt countries. At worst, they drive and benefit from the transfer of financial assets from the East to the West. Disdain of the West becomes especially contagious when people like Russian opposition leader and anti-corruption blogger Alexei Navalny start to express frustration with Western complicity in money laundering. It is bad news when freedom fighters and dissidents, traditional allies of the United States, start to question the West’s commitment to democratic development. The failure to return ill-gotten assets, especially when they have been invested in the U.S. economy, diminishes the United States’ democratic legitimacy and America’s claim to be a champion of freedom. The perception of a hypocritical West with sham values is then exploited by opportunist politicians and media, who egg on anti-American sentiment with this carefully constructed narrative about globalization. This narrative fuels extremism and terrorism and it is in the United States’ national interest to encounter it. The Helsinki Commission recently investigated one aspect of this phenomenon in a staff-level briefing titled, “Countering Corruption in the OSCE Region: Returning Ill-Gotten Assets and Closing Safe Havens.” This briefing demonstrated that strengthening mechanisms for repatriation and accountability in the financial sector needs to be a priority. When these illicit assets are safeguarded in places where democratic governments have some leverage then it is important to use it to ensure the responsible return of funds for the benefit of victims. To avoid looking hypocritical, financial organizations and law firms that enable the looting cannot profit from the repatriation process. There are many different methods required to combat corruption and responsible asset recovery might not seem like the most critical at first glance. However, it is an essential step for preventing future corruption. Recovered assets can be invested in the rule of law and aspects of civil society that serve as corruption watchdogs. Responsible and transparent repatriation has the potential to empower these watchdog organizations, strengthening the backbone of democratic development.

  • Commissioner and Special Representative Ben Cardin Counters Anti-Semitism and Promotes Diversity

    When the U.S. funding bill commonly known as the Omnibus passed in May 2017, it included a number of provisions outlining U.S. foreign policy and national security measures.  It also included provisions supporting diversity and human rights in foreign affairs in the face of increased violence and discrimination across the 57 North American and European countries that make up the Organization for Security and Cooperation in Europe. “Continuing anti-migrant and refugee sentiments, anti-Muslim backlash following terrorist attacks, and a surge in anti-Semitic and racist incidents in this country and abroad are just some of the reasons I was compelled to act,” said Helsinki Commission Ranking Senator Ben Cardin (MD), who is also the OSCE Parliamentary Assembly’s first Special Representative on Anti-Semitism, Racism, and Intolerance. “These legislative provisions are just a few recent efforts I have advanced to ensure diverse populations in our country and throughout the OSCE region are afforded the same rights, protections, and opportunities as others that are enshrined in the Helsinki Final Act and numerous OSCE tolerance and non-discrimination commitments,” said Senator Cardin, whose U.S. spending bill provisions include: Increased funding to counter global anti-Semitism. U.S. support for the Organization for Security and Cooperation in Europe (OSCE) to advance new initiatives to counter anti-Semitism, racism, and intolerance. Expansion of the Department of State workforce diversity programs. Prior to the passage of the Omnibus, on April 25 Senator Cardin introduced the National Security Diversity and Inclusion Workforce Act (NSDIWA) of 2017, building on legislation he passed in December 2016 to diversify the State Department and USAID labor force.  “I have championed these equality and anti-discrimination provisions because America’s diversity is one of our greatest assets as a nation, and our government should reflect that reality,” said Senator Cardin. “When America leads with our values on display, whether we are promoting human rights abroad or helping resolve conflicts to help societies heal and move forward, including our own, it should be done with personnel who reflect the entire tapestry of the United States,” Senator Cardin continued. “Inequities and discrimination are not just a U.S. problem.  The hope is that this legislation can also serve as a model for other countries grappling with similar issues from hate crimes to inequality.” Senator Cardin was appointed the OSCE PA's Special Representative on Anti-Semitism, Racism and Intolerance in March 2015. More on his mandate and efforts can be found at http://www.oscepa.org/about-osce-pa/special-representatives/anti-semitism.

  • CANCELLED: Austrian Foreign Minister to Testify at Helsinki Commission Hearing

    CANCELLED WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “AUSTRIA’S CHAIRMANSHIP OF THE OSCE: PRIORITIES AND CHALLENGES” Tuesday, June 6, 2017 10:30AM Russell Senate Office Building Room 188 In 2017, Austria holds the Chairmanship-in-Office of the world’s largest regional security body: the 57-nation Organization for Security and Cooperation in Europe (OSCE). The OSCE is currently facing a series of challenges including Russia’s continued aggression in Ukraine; ongoing “frozen” conflicts;  human rights violations and backsliding in implementation of OSCE commitments; increased violence throughout the region ranging from terrorist attacks to hate crimes; human trafficking; and several high-level institutional vacancies that impact the organization’s effectiveness. Austria’s Minister of Foreign Affairs, Sebastian Kurz, will discuss Austria’s priorities and progress to date as it nears the midway point of its year holding the OSCE Chairmanship-in-Office.

  • Helsinki-Related Legislation in the 115th Congress

    Between January 1 and May 15, 2017, U.S. Helsinki Commissioners introduced more than a dozen bills and resolutions on issues relating to the Commission’s mandate to monitor and encourage compliance with the Helsinki Final Act and other commitments undertaken by the 57 participating countries of the Organization for Security and Cooperation in Europe (OSCE). Senator Roger Wicker (MS), the Commission’s Chairman, and Senator Ben Cardin (MD), Ranking Senate Commissioner, have been particularly active.  Representative Chris Smith (NJ), the Commission’s Co-Chairman, and Representative Alcee Hastings (FL), Ranking House Commissioner, have also introduced several pieces of legislation. Other Commissioners, both House and Senate, have contributed to the effort.   The bills and resolutions cover a wide range of issues, from ensuring the Helsinki Principles are defended and promoted in U.S. foreign policy to encouraging improved U.S. implementation of Helsinki commitments at home. Several have been introduced in response to Russia’s threat to its neighbors and European security, while others address broader concerns about developments in Europe and the OSCE Partner countries of the Mediterranean region.    Download the full report to learn more. 

  • Chairman Wicker Meets with Valentin Inzko, High Representative for Bosnia and Herzegovina

    On May 16, Austrian diplomat Valentin Inzko, the international community’s High Representative for Bosnia and Herzegovina since 2009, met with Senator Roger F. Wicker, Chairman of the U.S. Helsinki Commission.  Dr. Inzko was visiting Washington for consultations with the U.S. Administration and Members of Congress, prior to reporting to the United Nations Security Council on his work later in the week. The High Representative updated the Senator on the ongoing challenges in implementation of the 1995 Dayton Agreement, which ended a horrific conflict that began in Bosnia in April 1992.   He indicated that nationalist sentiment continues to divide the country.   As a result, efforts to achieve the country’s disintegration take place simultaneous to efforts to achieve the country’s integration into Europe.  Inzko urged that the United States continue to actively engage in Bosnia and Herzegovina, noting U.S. credibility among local stakeholders and the European Union’s challenges in achieving any real progress on its own.  Senator Wicker recalled the major U.S. commitment to Bosnia in the immediate post-Dayton period and asked what policy options are available today.   Among the items discussed were the need to maintain active U.S. diplomatic representation in Bosnia, as well as the potential impact of sanctions or other actions against obstructionist political leaders.  In January, the United States applied sanctions on Milorad Dodik, President of the Republika Srpska entity in Bosnia and Herzegovina, for obstructing Dayton implementation, thereby threatening the sovereignty and territorial integrity of the country. At a Commission hearing the next day on Russia's military threat to Europe, similar concerns were raised as expert witnesses indicated the Western Balkans were in “Russian crosshairs” to influence and destabilize. Russian influence is most visible in Serbia but also in Macedonia and Bosnia. It is particularly strong in the Republika Srpska entity, encouraging Dodik to pursue a secessionist agenda. Russian involvement in the attempted coup in Montenegro last October was also noted, just as the country was in the process of acceding to NATO. Through successive leaderships, the U.S. Helsinki Commission has been at the forefront of congressional efforts to support Bosnia and Herzegovina, not only in line with the terms of the 1995 Dayton Agreement but in compliance with the principles and provisions of the 1975 Helsinki Final Act and subsequent commitments of the OSCE.

  • The Growing Russian Military Threat in Europe

    Russian military aggression in recent years has flagrantly violated commitments enshrined in the Helsinki Final Act relating to refraining from the threat or use of force against other states; refraining from violating other states’ sovereignty, territorial integrity, or political independence; and respecting the right of every state to choose its own security alliances. The Commission’s hearing on May 17, 2017, closely examined Russia’s military threats in Europe – especially in terms of Russia’s invasion of Ukraine and its attempts to influence events in other neighboring countries – alongside its ongoing violations of arms control agreements and confidence-building measures. Witnesses included Dr. Michael Carpenter, Senior Director of the Biden Center for Diplomacy and Global Engagement at the University of Pennsylvania and former Deputy Assistance Secretary of Defense; Mr. Stephen Rademaker, Principal with the Podesta Group and former Assistant Secretary of State; and Ambassador Steven Pifer, the Director of the Arms Control and Non-Proliferation Initiative at the Brooking Institution and former U.S. Ambassador to Ukraine. In his opening statement, Helsinki Commission Chairman Senator Roger Wicker reiterated that under President Vladimir Putin, Russia has violated a number of commitments enshrined in the Helsinki Final Act and other agreements, among them, the inviolability of frontiers or the principle of refraining from the threat of use of force against other states. “The Russian leadership has chosen an antagonistic stance, both regionally and globally, as it seeks to reassert its influence from a bygone era,” Chairman Wicker said. He was echoed by Representative Chris Smith, Co-Chairman of the Commission, who added that Russian aggression is more than a localized phenomenon. “Russia is threatening the foundations of European security and recklessly endangering the lives of millions,” Representative Smith said. Dr. Carpenter, the first witness to testify in the hearing, said that the Kremlin was relying on denial, deception, and unpredictability to advance its goals. “In the non-NATO countries, Russia has proven it is willing to use military force to achieve its aims.  In NATO countries, it is turning to asymmetric tactics, such as cyberattacks, cover subversion operations, and information warfare,” he said. Mr. Rademaker, who testified next, noted that Russia will comply with various arms control treaties like Conventional Armed Forces in Europe (CFE), Open Skies, and Intermediate-Range Nuclear Forces, only as long as it serves its interests.  He concluded that the Kremlin sees security in Europe as a zero-sum game–diminishing the security of its neighbors keeps Russia stronger in Moscow’s view. The third witness, Ambassador Pifer, focused on Russia’s involvement in the Ukraine crisis. “The Kremlin is not pursuing a settlement of the conflict, but instead seeks to use a simmering conflict as a means to pressure and destabilize the government in Kiev,” Ambassador Pifer said, adding that a change in Moscow’s policy is necessary to bring peace to Ukraine. Ambassador Pifer also argued that the US should consider applying additional sanctions on Russia related to its annexation of Crimea. Mr. Carpenter later echoed those concerns and said that the US should focus on financial sanctions in order to increase its pressure on Russia. He also said that the Magnitsky Act is “vastly underutilized by both the previous administration and this administration.” “If we do not check Russian aggression with more forceful measures now, we will end up dealing with many more crises and conflicts, spending billions of dollars more on the defense of our European allies, and potentially seeing our vision of a Europe whole and free undermined,” Mr. Carpenter argued. Answering a question on where the Kremlin could be expected to agitate next in Europe, Mr. Carpenter pointed to the countries of the Western Balkans that remain, in his view, “in the crosshairs of Russian influence operations now.” He said that Serbia and Macedonia are particularly vulnerable and the potential for a full-fledged ethnic conflict in the Balkans is very high. Mr. Rademaker added that the Western Balkan countries lie outside of NATO and therefore “present an opportunity for Russia.” He also expressed worries that the Baltic states, although members of NATO, are at risk as the Kremlin sees the area as a “near-abroad” and thinks Russia is entitled to play “a special security role” in the region. “We need to begin to shape Russian thinking, that they have to understand that there are certain places that the West will not tolerate Russian overreach and will push back on,” Ambassador Pifer concluded. “And hopefully, as we shape that thinking, maybe Moscow comes around to a more accommodating view on some of these questions.”

  • Former Top U.S. Officials Call For New Sanctions, More Aggressive Action On Russia

    WASHINGTON -- The United States should impose new sanctions and move more aggressively to "shape Russian thinking" in response to Moscow’s actions in Ukraine and elsewhere, former top State and Defense department officials said. Michael Carpenter, who was the Pentagon’s top Russia official until January, said the measures Washington should take should include deploying an armored brigade permanently to the Baltics and restricting some Russian surveillance flights over U.S. territory now authorized under the 2002 Open Skies treaty. "If we do not check Russian aggression with more forceful measures now, we will end up dealing with many more crises and conflicts, spending billions of dollars more in the defense of our European allies, and potentially see our vision of Europe whole and free undermined," Carpenter told a hearing of the U.S. Helsinki Commission on May 17. Carpenter, along with former State Department arms control director Stephen Rademaker, also suggested that the United States should consider returning intermediate-range cruise missiles to Europe, in response to Russia’s alleged violations of a key Cold War-era arms agreement. Rademaker told the commission that Russia will comply with important treaties like Open Skies, Intermediate-Range Nuclear Forces, and Conventional Armed Forces in Europe but only when it is in Moscow’s interest. When it isn’t in Moscow’s interest, "it will seek to terminate them…or violate them while continuing to play lip service to them...or it will selectively implement them," he said. Russia, for its part, has repeatedly denied violating the Intermediate-Range Nuclear Forces treaty and instead accuses the United States itself of violating the agreement. Carpenter called for more financial sanctions that leverage U.S. dominance in financial markets, for more pressure on top Russian officials, and he said that the so-called Magnitsky Act, a 2012 law that puts restrictions on alleged Russian human rights offenders, had been "vastly underutilized." Steven Pifer, a former U.S. ambassador to Ukraine, said the list should be expanded to include relatives of Kremlin-connected oligarchs and other powerful government officials, for example, to keep their children from enrolling at U.S. colleges and universities or spouses from "going on London shopping trips." During last year's election campaign, U.S. President Donald Trump repeatedly expressed a conciliatory approach toward Moscow, saying more cooperation was needed in the fight against terrorism. Since taking office, however, the administration has largely maintained the stiff-armed policy initiated by Trump's predecessor, Barack Obama. The Helsinki Commission is a U.S. government agency that monitors international adherence to the 1975 Helsinki Accords on human rights.

  • Senators Wicker, Cardin Meet with Georgian Prime Minister

    Giorgi Kvirikashvili, Prime Minister of Georgia, met with Helsinki Commission Chairman Senator Roger Wicker and Ranking Member Senator Ben Cardin on the final leg of his three-day visit to Washington. The Prime Minister expressed his sincere thanks to the senators for co-sponsoring the Senate resolution supporting the territorial integrity of Georgia. He also highlighted the continuing aggression Georgia faces from Russia, and stressed that U.S. support is vital. Senator Wicker welcomed the Prime Minister’s visit, and vowed to do his best to ensure speedy passage of the resolution. Senator Cardin noted that Georgia would enjoy strong support with Senator Wicker serving as the chair of the Helsinki Commission. He praised Georgia’s Parliamentary Assembly delegation as one of the strongest in the OSCE.  

  • Russian Military Activities in Europe to Be Examined at Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the following hearing: “THE GROWING RUSSIAN MILITARY THREAT IN EUROPE: ASSESSING AND ADDRESSING THE CHALLENGE” Wednesday, May 17, 2017 9:30 AM Senate Visitors Center (SVC) Room 208/209 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce051717 Russian military aggression in recent years has flagrantly violated commitments enshrined in the Helsinki Final Act relating to refraining from the threat or use of force against other states; refraining from violating other states’ sovereignty, territorial integrity, or political independence; and respecting the right of every state to choose its own security alliances. Witnesses will review Russia’s military activities in Europe, and how Moscow has consistently and deliberately undermined its OSCE and related arms control commitments. Witnesses will also explore if and how Russia could be coaxed back into compliance, and assess the OSCE as a vehicle to address the growing instability and unpredictability in the European security environment.  The following witnesses are scheduled to testify: Michael Carpenter, former Deputy Assistant Secretary of Defense for Russia, Ukraine, Eurasia; currently Senior Director at the Biden Center for Diplomacy and Global Engagement  Steven Pifer, Senior Fellow and Director of the Arms Control and Non-Proliferation Initiative at the Brookings Institution Stephen Rademaker, Principal, Podesta Group; former Assistant Secretary of State in charge of the Bureau of Arms Control and the Bureau of International Security and Nonproliferation

  • Helsinki Commissioners Urge President to Prioritize Democracy, Human Rights in Foreign Policy

    On May 3, Helsinki Chairman Senator Roger Wicker (MS), Ranking Commissioner Senator Ben Cardin (MD), and Helsinki Commissioners Senator Cory Gardner (CO), Senator Marco Rubio (FL), and Senator Thom Tillis (NC) signed a letter encouraging President Trump to prioritize democracy and respect for human rights in the Administration’s foreign policy agenda. The letter reads in part: “America has long been a leader in supporting individual rights. It was more than 240 years ago that the Founding Fathers declared  that all are created equal and endowed with inalienable rights, including life, liberty, and the pursuit of happiness. These principles have successfully formed the backbone of the American experiment in self- government. The rights the Founders recognized are not by any means solely ‘American,’ but rather are universal. Being fortunate to enjoy these freedoms ourselves, we have the moral imperative to promote democracy and human rights across the globe.” The bipartisan letter was also signed by Senator Todd Young (IN), Senator Edward Markey (MA), Senator Bob Menendez (NJ), Senator Susan Collins (ME), Senator Dick Durbin (IL), Senator Patrick Leahy (VT), Senator Christopher Coons (DE), Senator Lisa Murkowski (AK), Senator Cory Booker (NJ), and Senator Jeff Merkley (OR). The full text of the letter can be found below. Dear Mr. President: As you carry out the responsibilities of the Office of the President, we in the Congress stand ready to work with you to ensure that America remains a leader in advocating for democracy and human rights. We urge your administration to make these issues a priority. As you know, America has long been a leader in supporting individual rights.  It was more than 240 years ago that the Founding Fathers declared  that all are created equal and endowed with inalienable rights, including life, liberty, and the pursuit of happiness.  These principles have successfully formed the backbone of the American experiment in self- government. The rights the Founders recognized are not by any means solely “American,” but rather are universal. Being fortunate to enjoy these freedoms ourselves, we have the moral imperative to promote democracy and human rights across the globe.  At a Senate Foreign Relations Committee subcommittee hearing earlier this year titled “Democracy and Human Rights: The Case for U.S. Leadership” human rights activists shared their stories of living under oppressive regimes. They made clear that they believe that the United States has a critical role to play in safeguarding the fundamental rights of all people. A world that is more democratic, respects human rights, and abides by the rule of law strengthens the security, stability, and prosperity of America. History has demonstrated time-and-again that free societies are more likely to be at peace with one another. Constitutional democracies are also less likely to fail and become breeding grounds for instability, terrorism, and migration.  Democratic nations that respect good governance and the rights of their own citizens are also more likely to be economically successful, and to be stable and reliable trade and investment partners for the United States.  Our economic partnerships with Japan, Germany, Taiwan, the Republic of Korea, and numerous other nations’ today stand as testament to the wisdom of far-sighted U.S. policy that seeks to develop good governance and strong democratic institutions as necessary enablers for strong economic partnerships as well. As we have seen over the past decade, there is a creeping authoritarian resurgence across the globe, against which we are the bulwark for individual rights and freedoms.  America, since its founding, has led this fight, not just for the rights of Americans found in the Constitution, but for the rights of all.  By elevating democracy and human rights to a prominent place on your foreign policy agenda you can make a measurable difference and make America safer, more prosperous, and more secure.  There is longstanding and deep bipartisan Congressional commitment to advancing freedom around the world, just as Republican and Democratic administrations for decades have supported democracy and human rights, and we look forward to working with you on this important cause.  We ask that, as you continue to formulate your foreign and defense policies, you put the promotion of democracy and human rights front-and-center as a primary pillar of America’s approach abroad.  As we move forward with the process of holding confirmation hearings for your nominees to key foreign policy positions we will be assessing their commitment to uphold these important American values as they carry out our nation’s foreign policy.

  • A Call to OSCE Commitments in Aftermath of Turkish Referendum

    Mr. President, I rise today to express my concerns about the outcome of the April 16 constitutional referendum in Turkey, when more than 50 million Turkish citizens voted on constitutional amendments to convert Turkey’s parliamentary government into a presidential system.   Turkey is a longstanding friend of the United States and a NATO ally.  Our bilateral partnership dates back to the Cold War when Turkey served as an important bulwark against the creeping influence of the Soviet Union.  Time has not diminished Turkey’s geostrategic importance. Today, Ankara finds itself at the intersection of several critical challenges: the instability in Syria and Iraq, the threat of ISIS and other extremist groups, and the refugee crisis spawned by this regional upheaval.     The United States relies on Turkey and other regional partners to help coordinate and strengthen our collective response.  I was deeply troubled when renegade military units attempted to overthrow Turkey’s democratically elected government last July.  Turkey’s strength is rooted in the democratic legitimacy of its government – a pillar of stability targeted by the reckless and criminal coup attempt.         As Chairman of the Commission on Security and Cooperation in Europe, or U.S. Helsinki Commission, I take very seriously the political commitments made by the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE).  These commitments – held by both the United States and Turkey – represent the foundation of security and cooperation in the OSCE region.  They include an indispensable focus on human rights, rule of law, and democratic institutions.    In the OSCE’s founding document, the Helsinki Final Act, participating States affirm “the universal significance of human rights and fundamental freedoms” and consider respect for these to be an “essential factor” for international peace and security. This vision is consistent with long-established U.S. foreign policy promoting human rights and democracy as cornerstones of a safer, more stable international order.      With these principles in mind, the United States must pay urgent attention to the current situation in Turkey and the danger it poses to Turkish and regional stability.  Eroding respect for fundamental freedoms, rule of law, and democratic institutions in Turkey has proceeded at an alarming pace.  The government’s planned “executive presidency” will further decrease government accountability. Since the attempted coup more than nine months ago, Turkey has operated under a state of emergency that gives the government sweeping authority to curtail rights and silence opponents.  Certain extraordinary measures may have been justified in the immediate aftermath to restore order, investigate events, and bring perpetrators to justice, but the government’s actions have stretched far beyond these legitimate aims.  The ongoing purge has touched every institution of government, sector of society, corner of the country, and shade of opposition – military or civilian, Turk or Kurd, religious or secular, nationalist or leftist, political or non-political.   An atmosphere of fear and uncertainty has settled over Turkish society as more than 100,000 people have been detained or arrested.  Tens of thousands have been fired from their jobs, had their professional licenses revoked, and had their names released on public lists without any recognizable due process.  The government removed and replaced thousands of judges and prosecutors within hours of the coup’s defeat, compromising the independence of the judiciary at a moment when an impartial justice system had become more important than ever. The government has also closed more than 150 media outlets.  Upwards of 80 journalists are behind bars.  The offices of the country’s oldest newspaper were raided, and the paper’s editor-in-chief and other staff were arrested.  The media environment was already under extraordinary pressure before the coup. Last spring, the government seized control of the country’s highest-circulation paper.  Self-censorship is now widely practiced to avoid provoking the government’s ire.   Additionally, state of emergency decrees have given regional governors the ability to curtail freedom of assembly rights, harming the ability of civil society organizations to organize rallies concerning the referendum.  Since July, the government has detained more than a dozen opposition parliamentarians. Many more continue to face criminal charges for political statements they made before the coup attempt.    It is difficult to overstate the chilling effect these measures have had on political debate in Turkey. And yet, these are the circumstances under which Turks voted on April 16.  These major constitutional changes passed with a slim majority of 51 percent.  The OSCE’s international observation mission stated in its preliminary conclusions that the vote “took place on an unlevel playing field” and that “fundamental freedoms essential to a genuinely democratic process were curtailed.”  Under the revised constitution, the once largely ceremonial position of president will convert into an “executive presidency” and the position of prime minister will be abolished.  The president will be elected along with the national assembly every five years and has the ability to dissolve the assembly and call new elections at will.  The president will also appoint a larger proportion — nearly half — of the country’s supreme judicial council.  In a report on these new constitutional provisions, the Venice Commission of the Council of Europe concluded that the amendments are a “step backwards” and pose “dangers of degeneration … towards an authoritarian and personal regime.”    Turkey is undergoing a disturbing transformation, and I am concerned these changes could undermine the strength of our partnership.  President Erdogan’s government has dramatically repressed dissent, purged opponents from every sector of government and society, and is now poised to consolidate power further under his self-described “executive presidency.” In the short term, the Turkish government should act swiftly and transparently to investigate credible claims of voting irregularities in the referendum as well as the legality of a surprise electoral board decision to admit an unknown number of ballots that should be deemed invalid under existing rules.  Public trust in the outcome of such a consequential vote is of utmost importance.  Sadly, until now, the government has responded to these challenges with dismissiveness and suppression.  In the past week, dozens of activists have been detained for participating in protests against the election results. Furthermore, the government should lift the state of emergency, stop all forms of repression against the free press, release all imprisoned journalists and political activists, and urgently restore public confidence in the judiciary.  Only then can it credibly and independently adjudicate the tens of thousands of cases caught up in the government’s months-long dragnet operations. A country where disagreements are suppressed rather than debated is less secure. A country where institutions are subordinated to personalities is less stable.  A country where criticism is conflated with sedition is less democratic.  Unless President Erdogan moves urgently to reverse these trends, I fear our partnership will inevitably become more transactional and less strategic.  It will become more difficult to justify long-term investment in our relationship with Turkey if the future of the country becomes synonymous with the fortunes of one party or one individual. The United States and Turkey need a solid foundation for enduring cooperation to tackle regional instability, terrorism, migration, and other challenges. The future of this partnership is difficult to imagine in the midst of a prolonged state of emergency, wide-scale purges, and weakened democratic institutions.

  • World Press Freedom Day 2017

    By Jordan Warlick, Staff Associate Although freedom of the press is recognized by democracies around the world as an essential and basic human right, emerging reports show that it is globally in decline, even in countries considered strong democracies. The recently published Freedom House 2017 Freedom of the Press Report and Reporters Without Borders’ 2017 World Press Freedom Index both indicate grim trends – Freedom House declares press freedom at its lowest point in 13 years, and Reporters Without Borders describes the “ever darker world map” it has published this year. The OSCE region is not uniform when it comes to freedom of the press. OSCE participating States include some of the freest nations in the world, like Norway and the Netherlands, alongside some of the least free nations, like Azerbaijan and Turkey. The worst-performing region in the aforementioned Freedom House report is Eurasia, while the best-performing is Europe, both of which are largely encompassed in the OSCE region. The central problems of media freedom are also varied between countries, from violence, intimidation, and incarceration of journalists; to emerging contempt for the media among politicians; to media outlet ownership and transparency issues. While some countries require more attention and monitoring than others, any conditions that impede on press freedom or that are considered harmful for journalists deserve attention. The OSCE Representative on Freedom of the Media was an office created in 1997 to do just that: monitor and assist participating States with compliance commitments on freedom of expression and free media. The most recent OSCE Representative on Freedom of the Media, Dunja Mijatović, was a fierce advocate for the rights of journalists across the OSCE. The OSCE participating States currently are in the process of selecting her successor, an appointment that requires consensus among the 57 OSCE participating States.  This office’s function as a watchdog for violations and deteriorating conditions for media has been critical to bringing attention to issues and cases that may otherwise go unnoticed. Still, undemocratic regimes, changing political tides in the region, and the evolving landscape of journalism present ongoing challenges. Over the last week alone, the Helsinki Commission has held three different events where media freedom has been an important topic of discussion: a hearing on human rights abuses in Russia; a briefing on Russian human rights violations of Ukrainian citizens; and a briefing on human rights in Turkey after its referendum on changes to the constitution.  At the hearing on human rights in Russia, each witness brought attention to the Kremlin’s control of the media and persecution of independent journalists. The briefing on Russian human rights violations against Ukrainian citizens focused on the incarceration of filmmaker Oleg Sentsov, but highlighted other cases of imprisoned journalists such as Roman Sushchenko of Ukrinform News and Mykola Semena, a contributor to Radio Free Europe. On Turkey, Freedom House panelist Nate Schenkkan described the severe restrictions on access to information and underscored Turkey’s status as the number one jailer of journalists in the world. If there is any hope for the future of press freedom in these countries where media is especially unfree, it is in the passion and talent of journalists who are committed to holding their governments accountable despite the risks. It is vital that the United States continue to be an exemplar of and advocate for freedom of the press, enshrined by our founders in the First Amendment in recognition of its importance for democracy, for other countries around the world.

  • Turkey Post-Referendum: Institutions and Human Rights

    Human rights abuses by the Turkish government have proliferated under the state-sanctioned emergency measures imposed in the aftermath of the July 2016 failed coup attempt.  Turkish authorities have fired as many as 130,000 public workers, including teachers, academics, police officers, and soldiers, and thousands have been arrested. Hundreds of journalists have had their credentials revoked and dozens of media outlets have been shut down. Human rights groups have documented widespread reports of intimidation, ill-treatment and torture of those in police custody. On April 16, 2017, Turkey held a referendum on a package of amendments that transforms the country’s institutions in major ways. The position of prime minister was eliminated and the executive powers of the president were expanded, enabling him to appoint ministers without parliamentary approval, exert more influence over the judiciary, and call early elections. Coming on top of the post-coup crackdown, how will Turkey’s changing institutions affect human rights in the country? Panelists at the briefing discussed how U.S. policymakers can most effectively encourage the protection of human rights to promote the interests of the Turkish people given the strategic importance of the U.S.-Turkey bilateral relationship.

  • Political Prisoners in Russia

    Principle VII of the 1975 Helsinki Final Act recognizes the right of individuals to know and act upon their human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief, without distinction as to race, sex, language or religion. The following individuals who were profiled in the Helsinki Commission's April 2017 hearing, "Democracy & Human Rights Abuses in Russia: No End in Sight," illustrate the many cases of political prisoners in Russia today. Dmitry Buchenkov – Buchenkov was charged under Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”) for his participation in the 2012 Bolotnaya Square protests against fraud in the 2011 presidential elections. He was arrested in December 2015 and is currently under house arrest.  He is recognized by Memorial as a political prisoner not only because the alleged offense did not take place, but also due to the lack of a fair trial and the disproportionate use of pretrial detention in light of the charge against him. His case illustrates the prosecution of individuals for engaging in nonviolent public protest against the government in general and the Bolotnaya Square cases in particular. Oleg Navalny – Navalny was charged under Article 159 (“swindling on a large scale”), article 159.4 (“swindling on a particularly large scale in the entrepreneurial sphere”), and article 174.1.a (laundering of funds on a large scale acquired by a person through a crime committed by him”).  He was sentenced to 3 ½ years in a closed proceeding, Memorial considers him a political prisoner because the alleged offense did not take place and he was not given a fair trial. In reality, Oleg Navalny was targeted because he is the brother of prominent political activist Alexei Navalny.  It appears the authorities are unwilling to make a martyr out of Alexei Navalny but seek to exert pressure on him by persecuting his brother. Oleg Navalny’s case illustrates the willingness of the government to target family members as a means of exerting pressure on political activists, which is specifically prohibited under the OSCE 1989 Vienna Concluding Document. Darya Polyudova – Polyudova was charged under article 280 of the Russian criminal code (“public appeals for extremist activity” and “public appeals for actions aimed at a violation of the territorial integrity of the Russian Federation”) in connection with her participation in preparation for a march that did not take place.  In reality, she was indicted for criticizing Moscow online for its support of Russia-backed separatists in Ukraine's east.  She is recognized as a political prisoner because the offense did not take place, her right to a fair trial was violated, and the government disproportionately used pretrial detention given the nature of the charges.  She was sentenced to two years in prison, becoming the first person in Russia convicted under a 2014 law criminalizing calls for separatism on the Internet. Her case illustrates the government’s prosecution of Russian nationals who criticize Russia’s actions and policies in Ukraine. Sergei Udaltsov – Udaltsov was charged under Article 30 of the Russian criminal code (“preparation of actions aimed at organizing mass riots”) and Article 212 (“organization of mass riots”) after participating in the Bolotnaya Square protests. He has been arrested multiple times before for protesting against the government. Memorial recognizes him as a political prisoner on the grounds that he was charged with an offense that did not take place; his right to a fair trial was violated; and the government disproportionately used pretrial detention. He was sentenced to four years and six months in prison. Ivan Nepomniashchikh – Nepomniashchikh was charged with Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”). He is recognized as a political prisoner on the grounds that he is being prosecuted for exercising his right to freedom of assembly; he is being charged with an offense that did not take place; he was not allowed a fair trial;  and the government disproportionately used pretrial detention. He is another example of those being prosecuted for participating in the Bolotnaya Square protests against the 2011 fraud in the presidential election. Alexei Pichugin – Pichugin was charged under Article 162 of the Russian criminal code (“robbery”) and Article 105 (“murder”). At a closed trial, Pichugin, the former head of internal economic security for the Yukos Company then headed by Mikhail Khodorkovsky, was sentenced to life imprisonment in a special-regime penal colony. He has been in prison since 2003 and is recognized as a political prisoner on the grounds that his prosecution was conducted without a fair trial.  The European Court on Human Rights also has held that Pichugin was denied a fair trial.   Oleg Sentsov – Senstov is a Ukrainian filmmaker imprisoned in Russia since 2015, and was the focus of a separate Helsinki Commission briefing. Sentsov was arrested in the Russian-occupied Crimean territory of Ukraine and charged under Article 205.4 of the Russian criminal code (“organization of a terrorist group”), Article 205 (“terrorist act committed by an organized group”), Article 30 in connection with Article 205 (“preparation of a terrorist act”), Article 30 in connection with Article 222 (“attempted illegal acquisition of firearms and explosive devices”), and Article 222 (“illegal acquisition and storage of far arms and explosive devices”).  He was accused of planning an attack on a monument to Lenin, a charge he denies. He was sentenced in a Russian military court to 20 years in a strict regime penal colony for terrorism. Other Illustrative Cases Alexander Kolchenko – Kolchenko, a Crimean activist, was charged under article 205 of Russia’s criminal code (art. 205.4 part 2: "Participation in a terrorist organization," and art. 205, paragraph "a," part 2: "A terrorist act conducted by a terrorist group"). He refuted the accusations of terrorism. Mr. Kolchenko was detained in May 2014, in Simferopol, Crimea, shortly after Russia took control over the peninsula. On August 25, 2016, the North Caucasus District Military Court of Russia sentenced Mr. Kolchenko to 10 years of imprisonment in a strict-regime colony. He is serving his sentence in the Chelyabinsk Oblast, in the city of Kopeysk, a facility notorious for its poor treatment of convicts. Mr. Kolchenko is recognized as a political prisoner by Russia’s Memorial watchdog group. Mykola Semena (under a travel ban) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care. Roman Sushchenko (in pre-trial detention) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko. Memorial, a Russian organization established to report on the crimes of Stalinism, documents cases of political prisoners as well as cases of those persecuted for their faith.This information was compiled by Helsinki Commission staff from Memorial, the U.S. Department of State Country Report on Human Rights Practices, and news sources. The U.S. Commission on International Religious Freedom also tracks cases of individuals imprisoned in connection with their faith.

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