My "Hell" in Russian CaptivityThursday, September 15, 2022
Russia’s war crimes in Ukraine include the brutal and unlawful detention of thousands of Ukrainians. At this hearing, Yuliia “Taira” Paievska, a well-known Ukrainian volunteer medic who was detained in Mariupol in March and held by the Russians for three months, testified about her capture, the deplorable conditions of her captivity, the plight of those who continue to be detained unlawfully, and her lifesaving work since 2014 providing medical assistance to those wounded by Russia’s war. Taira outlined the daily experience of torture, psychological manipulation, and inhumane living conditions she and others were subjected to by their Russian captors. She explained that she was detained during a document check, and when a guard recognized her name, she was singled out for especially cruel treatment. Held in the occupied territories but under the direct control of Russian forces, Taira spent three months in captivity. Her captors attempted to force a public confession from her for crimes she had not committed. Taira knew they would use this footage to drive the Russian propaganda narrative of Ukrainian cruelty and defend their own atrocities. She had seen footage of friends and colleagues admitting to crimes she knows they did not commit in order to escape the torture that she herself faced. Taira noted that the Russians spared no one, capturing and torturing civilians as well as soldiers. After thanking the United States for all the support it has given to Ukraine, she asked for help fighting Russian propaganda. She believes that the world must challenge Russian narratives. Taira requested additional shipments of modern weapons from the United States, stating that Ukrainians have proved themselves as responsible stewards of American weaponry and will use them to continue fighting with honor. She also asked for American help in facilitating international access to prisons in occupied Ukraine, in order to ensure fair treatment of prisoners according to the Geneva Conventions. Finally, Taira requested that the United States designate Russia as a state sponsor of terrorism, continue supporting Ukraine financially, and recognize the violence and oppression committed by Russia in Ukraine as a genocide.
Ukrainian Medic to Testify on “Hell” in Russian Captivity, War in Ukraine at Upcoming Helsinki Commission HearingWednesday, September 07, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: MY “HELL” IN RUSSIAN CAPTIVITY Taira Paievska on Russia’s War in Ukraine Thursday, September 15, 2022 9:00 a.m. Dirksen Senate Office Building Room 106 Watch live: www.youtube.com/HelsinkiCommission Russia’s war crimes in Ukraine include the brutal and unlawful detention of thousands of Ukrainians. At this hearing, Yuliia “Taira” Paievska, a Ukrainian volunteer medic who was detained in Mariupol in March and held by the Russians for three months, will testify about her capture; the deplorable conditions of her three-month captivity; the plight of those who continue to be detained unlawfully; and her lifesaving work since 2014 providing medical assistance to those wounded by Russia’s war. The following witnesses are scheduled to participate: Yuliia “Taira” Paievska, Ukrainian veteran and volunteer paramedic; Commander, “Taira’s Angels” Dr. Hanna Hopko, Co-Founder, International Center for Ukrainian Victory; Former Chair, Committee on Foreign Affairs, Parliament of Ukraine
The Helsinki Process: An OverviewFriday, June 24, 2022
In August 1975, the heads of state or government of 35 countries – the Soviet Union and all of Europe except Albania, plus the United States and Canada – held a historic summit in Helsinki, Finland, where they signed the Final Act of the Conference on Security and Cooperation in Europe. This document is known as the Helsinki Final Act or the Helsinki Accords. The Conference, known as the CSCE, continued with follow-up meetings and is today institutionalized as the Organization for Security and Cooperation in Europe, or OSCE, based in Vienna, Austria. Learn more about the signature of the Helsinki Final Act; the role that the Conference on Security and Cooperation in Europe played during the Cold War; how the Helsinki Process successfully adapted to the post-Cold War environment of the 1990s; and how today's OSCE can and does contribute to regional security, now and in the future.
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Declare Putin’s War GenocideFriday, June 24, 2022
A bipartisan group of U.S. lawmakers introduced a resolution characterizing Russia’s actions in Ukraine as an act of genocide on Friday. A draft of the resolution, seen by Foreign Policy, argues that atrocities committed by Russian troops in Ukraine, including indiscriminate attacks on civilians, the direct targeting of maternity hospitals and medical facilities, and the forcible transfer of hundreds of thousands of Ukrainians to Russia and Russian-held territory meet the criteria laid out in Article II of the United Nations Convention on the Prevention and Punishment of the Crime of Genocide. Congressional resolutions are commonly used by lawmakers to express strongly held sentiments by members of the House of Representatives or Senate. Although the resolution is not legally binding, it sends a strong message of condemnation of Russia’s actions and indicates ongoing efforts by members of Congress to provide continued support to Ukraine beyond military aid. In April, U.S. President Joe Biden characterized Russian atrocities in Ukraine as an act of genocide. “We’ll let the lawyers decide internationally whether or not it qualifies, but it sure seems that way to me,” he said, speaking to reporters in Iowa. Biden’s remarks were echoed by the Canadian and British prime ministers while French President Emmanuel Macron and German Chancellor Olaf Scholz declined to use the term, underscoring long-standing differences within the international community as to what constitutes genocide. As a crime, genocide is distinct from other mass atrocities, and it is defined in the United Nation Genocide Convention as “acts committed with the intent to destroy, in whole or in part, a national, ethnic, racial or religious group.” Since 1989, the U.S. State Department has recognized eight genocides, most recently declaring attacks on the Rohingya Muslims in Myanmar as genocide. U.S. designations of genocide can take years of gathering and analyzing evidence, and senior Biden administration officials noted that the president’s remarks in April did not constitute a formal U.S. policy shift. Arguing that events in Ukraine could constitute genocide, the resolution points to statements made in Russian state media and by senior officials, including by Russian President Vladimir Putin, that undermine Ukrainian statehood and sovereignty; the congressional resolution alleges that the atrocities were carried out with a specific purpose. Proving that the crimes are carried out with deliberate genocidal intent can often be difficult to prove in law. A number of Russian soldiers and units—which were accused of committing war crimes in the Kyiv suburb of Bucha, specifically torture, rape, and summary executions of civilians—were awarded in April by Putin, who designated the 64th Motor Rifle Brigade as Guards and praised them for their “mass heroism and valor, tenacity, and courage.” The resolution is set to be introduced by Democratic Rep. Steve Cohen and is expected to be co-sponsored by a bipartisan group of House members who sit on the Helsinki Commission, an independent U.S. government agency tasked with promoting human rights and security in Europe. In April, the commission wrote to the president of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe to endorse a declaration passed by the Ukrainian parliament characterizing Russia’s actions as genocide and urging the assembly to pass a similar resolution.
Russia's Swiss EnablersThursday, May 05, 2022
Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and his cronies. After looting Russia, Putin and his oligarchs use Swiss secrecy laws to hide and protect the proceeds of their crimes. Close relations between Swiss and Russian authorities have had a corrupting influence on law enforcement personnel in Switzerland and have led to the resignation of numerous officials, including the head prosecutor of Switzerland. A recent Organized Crime and Corruption Reporting Project investigation found that Credit Suisse catered to dozens of criminals, dictators, intelligence officials, sanctioned parties, and political actors, and identified problematic accounts holding more than $8 billion in assets. According to the Financial Times, Credit Suisse also asked investors to destroy documents linked to yacht loans made to oligarchs and tycoons. This briefing examined the relationship between Switzerland and Russia in light of Putin’s full-scale invasion of Ukraine. Panelists discussed how a compromised Switzerland affects U.S. national security and whether the United States should rethink its strategic bilateral relationship with Switzerland. Related Information Panelist Biographies How the Swiss Law Enforcement Capitulated to the Russians in the Magnitsky Case - Bill Browder
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Ukraine's prosecutor general testified about alleged Russian war crimes at U.S. Helsinki Commission hearingThursday, May 05, 2022
Ukraine's Prosecutor General Iryna Venediktova testified at the hearings of the Helsinki Commission on alleged war crimes of Russia in Ukraine, Venediktova said in a Facebook statement on Thursday. "The Helsinki Commission of the US Congress held a hearing on Russia's war crimes in Ukraine. I testified at the hearings about the horrific atrocities committed by the Russian army on our land: the deliberate bombing of civilian objects, killings and torture, the use of rape as a weapon," Venediktova said. The Helsinki Commission is a US government commission that "promotes human rights, military security, and economic cooperation in 57 countries," according to its website. Commissioners include US Senate, House of Representatives and executive branch members. The Ukrainian prosecutor general claimed that the Russian army had committed more than 9,800 war crimes in 70 days of war. She added that the unblocking of Mariupol and the end of the occupation of territories would open even more horrific cases for Ukraine to investigate. She said that "the red lining at the hearings were signs of genocide of the Ukrainian people and the prosecution of the main serial war criminal of the 21st century." "The deportation of our children in order to erase their identity and bring them up as Russians is a direct proof of the plan to destroy Ukraine. The overriding task of the world community is to develop an effective international mechanism of justice and responsibility for Russia's crimes in Ukraine, which will become a tool now and a safeguard for the future," Venediktova said. Mariupol Mayor Vadym Boichenko has claimed that Russian forces deported almost 40,000 people from Mariupol to Russia or the breakaway Donetsk People's Republic. Russia also said that it has "evacuated" over one million people to Russian territory since Feb. 24. There is no way to verify the Russian data on evacuations. Ukrainian officials have repeatedly said that thousands of citizens are being deported to Russia forcibly.
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Swiss Attacked for Going Easy on Seizing Russian BillionsThursday, May 05, 2022
The $7.6 billion in Russian assets seized to date by Swiss authorities is “insulting,” outspoken Kremlin critic Bill Browder said at briefing on Russian money in Switzerland. It’s “a lot of money in absolute terms but Switzerland is one of the main destinations for dirty Russian money,” said Browder. Given the Swiss Bankers Association has said there’s as much as 150 to 200 billion Swiss francs ($202 billion) in Russian assets in the country’s banks “I would almost say it’s slightly insulting,” he said. Browder, who has also highlighted what he perceives to be Swiss prosecutors’ soft approach to investigating Russian financial crime, called on the U.S. to review its cooperation framework with its Swiss counterparts, during the hearing organized by the Commission on Security and Cooperation in Europe on Thursday. “Based on my experience, it would lead me to believe the Swiss are knowingly turning their head the other way when it comes to some of the other oligarchs,” said Browder. The Swiss government said a month ago it had blocked 7.5 billion Swiss francs ($8 billion) in Russian assets in the country to date, as it issues sanctions that mirror those imposed by the European Union on those seen as close to Vladimir Putin. That figure represented a jump of 30% from their previous tally two weeks earlier and Swiss officials say the number will continue to rise as more assets hidden behind shell companies or in the names of associated are painstakingly uncovered. Switzerland surprised the world in early March by departing from its tradition of neutrality and saying it would fully embrace the European Union measures against Russia. But critics including Browder contend that the country needs to go much further. Read more: Swiss Hunt for Russian Wealth Criticized Despite $6 Billion Haul Erwin Bolliger, the chief of the Swiss Secretariat for Economic Affairs which is enforcing the sanctions, has tried to explain the gap by pointing out that are plenty of legitimately-held Russian investments in Switzerland. “There is merit in Bill’s suggestion to review the law enforcement relations between the U.S. and Switzerland,” said Mark Pieth, a law professor at the University of Basel and corruption expert, said at the hearing. Up until now, Switzerland’s approach to clamping down on dirty Russian money in the country has shown a “lack of courage,” Pieth said.
Russian War Crimes in UkraineWednesday, May 04, 2022
Well-documented Russian bombings and missile strikes in Ukraine have decimated hospitals, schools, and apartment buildings, including a theater in Mariupol where hundreds of children were sheltering and the Kramatorsk rail station where thousands were waiting to escape the Russian onslaught. The withdrawal of Russian troops from towns like Bucha, Chernihiv, and Sumy has revealed horrific scenes of civilian carnage, mass graves, and reports of rape and torture. Several world leaders have accused Russia of committing genocide against the people of Ukraine. In March, 45 Organization for Security and Cooperation in Europe (OSCE) states began proceedings to “establish the facts and circumstances of possible cases of war crimes and crimes against humanity…and to collect, consolidate, and analyze this information with a view to presenting it to relevant accountability mechanisms.” The resulting report, issued on April 14, found “clear patterns of international humanitarian law violations by the Russian forces” and recommended further investigations to “establish individual criminal responsibility for war crimes.” The Government of Ukraine, Ukrainian NGOs, and the International Criminal Court are collecting evidence for use in future legal proceedings. Witnesses at the hearing discussed the findings of the OSCE report, examined evidence being collected to document Russian war crimes in Ukraine, and analyzed paths to bring perpetrators to justice. Related Information Witness Biographies
Helsinki Commission Briefing to Examine Swiss Enabling of Russian OligarchsFriday, April 29, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: RUSSIA’S SWISS ENABLERS Thursday, May 5, 2022 10:00 a.m. Register: https://ushr.webex.com/ushr/j.php?RGID=r72f85e0c40a09b609b328a9481f54063 Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and his cronies. After looting Russia, Putin and his oligarchs use Swiss secrecy laws to hide and protect the proceeds of their crimes. Close relations between Swiss and Russian authorities have had a corrupting influence on law enforcement personnel in Switzerland and have led to the resignation of numerous officials, including the head prosecutor of Switzerland. A recent Organized Crime and Corruption Reporting Project investigation found that Credit Suisse catered to dozens of criminals, dictators, intelligence officials, sanctioned parties, and political actors, and identified problematic accounts holding more than $8 billion in assets. According to the Financial Times, Credit Suisse also asked investors to destroy documents linked to yacht loans made to oligarchs and tycoons. This briefing will examine the relationship between Switzerland and Russia in light of Putin’s full-scale invasion of Ukraine. Panelists will discuss how a compromised Switzerland affects U.S. national security and whether the United States should rethink its strategic bilateral relationship with Switzerland. The following panelists are scheduled to participate: Bill Browder, Head, Global Magnitsky Justice Campaign Miranda Patrucic, Deputy Editor in Chief, Regional and Central Asia, Organized Crime and Corruption Reporting Project Mark Pieth, President of the Board, Basel Institute on Governance
Russian War Crimes in Ukraine to Be Discussed at Helsinki Commission HearingThursday, April 28, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: RUSSIAN WAR CRIMES IN UKRAINE Wednesday, May 4, 2022 NEW TIME: 2:00 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission Well-documented Russian bombings and missile strikes in Ukraine have decimated hospitals, schools, and apartment buildings, including a theater in Mariupol where hundreds of children were sheltering and the Kramatorsk rail station where thousands were waiting to escape the Russian onslaught. The withdrawal of Russian troops from towns like Bucha, Chernihiv, and Sumy has revealed horrific scenes of civilian carnage, mass graves, and reports of rape and torture. Several world leaders have accused Russia of committing genocide against the people of Ukraine. In March, 45 Organization for Security and Cooperation in Europe (OSCE) states began proceedings to “establish the facts and circumstances of possible cases of war crimes and crimes against humanity…and to collect, consolidate, and analyze this information with a view to presenting it to relevant accountability mechanisms.” The resulting report, issued on April 14, found “clear patterns of international humanitarian law violations by the Russian forces” and recommended further investigations to “establish individual criminal responsibility for war crimes.” The Government of Ukraine, Ukrainian NGOs, and the International Criminal Court are collecting evidence for use in future legal proceedings. Witnesses at the hearing will discuss the findings of the OSCE report, examine evidence being collected to document Russian war crimes in Ukraine, and analyze paths to bring perpetrators to justice. The following witnesses are scheduled to testify: Panel 1: OSCE Experts Wolfgang Benedek, Professor of International Law (ret.), University of Graz Veronika Bílková, Associate Professor, Faculty of Law, Charles University in Prague Marco Sassoli, Professor of International Law, University of Geneva Panel 2 Beth Van Schaack, U.S. Ambassador at Large for Global Criminal Justice Timothy Snyder, Professor of History at Yale University; Permanent Fellow, the Institute for Human Sciences in Vienna Iryna Venediktova, Prosecutor General, Ukraine
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Biden administration urged to ban UK lawyers who ‘enabled’ oligarchsTuesday, April 19, 2022
A member of Congress has urged the Biden administration to place travel bans on senior British lawyers that acted for wealthy Russian clients against investigative journalists. Steve Cohen, a Democratic representative from Tennessee, has written to Antony Blinken, the US secretary of state, urging him to sanction the lawyers for having “enabled malign activities of Russian oligarchs”. His letter comes as the Biden administration looks to increase its support for Ukraine in its war against Russia and tighten sanctions against those who have supported the Russian regime. Cohen wrote: “Oligarchs who hire lawyers to engage in abusive cases against journalists to silence them cannot exert malign influence in our system . . . the United States must establish deterrents for foreign enablers serving individuals who are undermining democracy.” The state department did not respond to a request for comment. Cohen singled out several lawyers he believed should be subject to bans on visas for travel to the US: Nigel Tait of Carter-Ruck; John Kelly of Harbottle & Lewis; barrister Hugh Tomlinson; Geraldine Proudler of CMS; Keith Schilling of Schillings; and Shlomo Rechtschaffen of SR law. Each of the lawyers is well known in London legal circles, with firms like Carter-Ruck and Schillings having established strong reputations in defamation law and reputation management. Tait, Kelly, Tomlinson and Proudler all worked on recent cases against the former Financial Times journalist Catherine Belton or her publisher HarperCollins, or both. Belton and HarperCollins were sued last year by several Russian oligarchs including Roman Abramovich over her book Putin’s People, which details the rise to power of Russia’s president Vladimir Putin. The lawsuits were later settled or withdrawn. Cohen cited Schillings’ work for Malaysian businessman and fugitive Jho Low. British ministers have expressed concern over the way in which UK courts are used by wealthy foreigners to launch libel cases. Dominic Raab, the justice secretary, last month set out proposals to limit any so-called Strategic Lawsuits Against Public Participation. Also in March Bob Seely, the MP for the Isle of Wight, used parliamentary privilege to claim “amoral” City lawyers were teaming up with “Putin’s henchmen” to offer “legalised intimidation”. A spokesperson for Tomlinson said: “Regulatory rules for lawyers are very strict and work to ensure equal entitlement to independent legal advice. Mr Tomlinson acted properly and in accordance with those rules throughout and has never acted as Mr Cohen suggests.” Tait’s firm Carter-Ruck said: “The claims made against Carter-Ruck are misconceived and are rejected entirely. In addition to other matters, we are not working for any Russian individuals, companies or entities seeking to challenge, overturn, frustrate or minimise sanctions.” It added: “We are not acting for, and will not be acting for, any individual, company or entity associated with the Putin regime in any matter or context, whether sanctions-related or otherwise, and will continue to conduct all ‘know your client’ checks in accordance with all applicable laws and regulations, as we have always done.” Cohen cited Rechtschaffen for his representation of Israeli-British businessman Walter Soriano, who he alleged was an “enabler” of certain oligarchs including Abramovich. Rechtschaffen said: “Walter Soriano is not an enabler of any oligarch . . . The English courts have said that the claim against Mr Stedman is not abusive.” Harbottle & Lewis said the firm had “acted at all time in accordance with its professional and legal obligations, and takes these matters very seriously”. Schillings said the firm did not act for any sanctioned entities and could not comment on client matters. It added that Cohen’s allegations were “wholly misplaced” and “misinformed”. It said the firm had upheld “the highest traditions of the legal profession”. Proudler’s firm CMS said it rejected Cohen’s allegations, adding that Proudler and the firm had been “compliant with all professional regulations”. “As we have said since the invasion of Ukraine, CMS is no longer accepting new instructions from Russian based entities or from any individuals with connections to the Russian government.”
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Russia Critics Press Congress for Curbing Moscow's Role in International GroupsWednesday, April 06, 2022
Critics of Moscow pressed lawmakers to sever remaining international connections with Moscow and punish what they called enablers of Russian President Vladimir Putin’s government—including Russian tycoons. “We recognize that the oligarchs are the appendages of Mr. Putin’s mafia state,” said Sen. Ben Cardin (D., Md.), the co-chairman of the Commission on Security and Cooperation in Europe, known as the Helsinki Commission, which held a hearing Wednesday on Russia's financial ties abroad. “I can’t wait to see police tape around mansions in Miami," said Sen. Sheldon Whitehouse (D., R.I.). Witnesses before the commission, a U.S. agency that has frequently scrutinized Moscow, sought to portray Russian billionaires and their network of lawyers and agents in the West as little different from Russian government employees and its lawyers abroad. Bill Browder, a prominent critic of the Kremlin’s human-rights record, called on the U.S. to withdraw from the mutual legal-assistance treaty that allows U.S. and Russian law enforcement to cooperate on investigations and secure witness testimony. Western countries should ban lawyers paid by the Russian government in one country from traveling to their countries, he said. The Kremlin used the Interpol international law-enforcement network in an effort to arrest Mr. Browder after his lawyer died in a Russian prison in 2009. Mr. Browder, who founded investment fund Hermitage Capital, said the U.S. and partner countries should seek to remove Moscow from Interpol or “basically threaten the funding of Interpol if Russia is not expelled.” Mr. Browder was the largest private investor in Russia until his expulsion from that country in 2005. Moscow should also lose its membership and face blacklisting by the Financial Action Task Force, a Paris-based intergovernmental body that audits the ability of nations to detect and disrupt illicit finance, said Daria Kaleniuk, co-founder of the Anti-Corruption Action Center in Ukraine. Mr. Browder and Ms. Kaleniuk were among five witnesses at the hearing.
Helsinki Commission Hearing to Examine Ways to Counter Oligarchs, Enablers, and LawfareWednesday, March 30, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: COUNTERING OLIGARCHS, ENABLERS, AND LAWFARE Wednesday, April 6, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission As influential proxies of Russian dictator Vladimir Putin, Russian oligarchs work to weaken Western democracies from within. They pay Western enablers—especially lawyers and lobbyists—millions to use their standing in democratic societies to generate policies favorable to the authoritarian regime in Russia and to silence its critics. This hearing will examine ways to counter tactics oligarchs use to launder their money and reputations and stifle dissent. Witnesses will discuss their experiences investigating oligarchs and enablers, as well as the risks of doing so, which include abusive lawsuits filed by Western lawyers on behalf of Putin’s proxies. The following witnesses are scheduled to testify: Shannon Green, Executive Director, USAID’s Anti-Corruption Task Force; Senior Advisor to the Administrator Bill Browder, Head, Global Magnitsky Justice Campaign Daria Kaleniuk, Executive Director, Anti-Corruption Action Centre Scott Stedman, Founder, Forensic News Anna Veduta, Vice President, Anti-Corruption Foundation International
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With oligarchs in the crosshairs, alleged Western 'enablers' attract fresh scrutinyThursday, March 24, 2022
As governments scramble to seize high-profile assets owned by Russian oligarchs, a quiet effort is gaining momentum in the West to target their alleged “enablers” – the lawyers, lobbyists and money-handlers who critics say help them hide, invest and protect their vast wealth in U.S. and European institutions. “The yachts and jets and villas get the most attention, but a lot of the oligarchs’ money is in private equity and hedge funds – places we can’t see,” said Maira Martini, a researcher with the corruption watchdog Transparency International. “That’s the money that really matters to them.” For decades, wealthy business tycoons with close ties to Russian President Vladimir Putin have enlisted the services of reputable bankers and lawyers in the West to navigate loopholes that obscure their identity. While it's not necessarily illegal to use obscure entities and agents to protect finances, critics say the laws need to be strengthened to create more transparency. rganized Crime and Corruption Reporting Project, a global investigative reporting platform that focuses on corruption, organized crimes and illicit financing, claims to have uncovered over 150 assets worth $17.5 billion held by 11 Russian elites and their alleged enablers, while a Forbes report identified more than 82 properties across the world -- a collective of $4.3 billion -- held by 16 sanctioned Russian oligarchs. Assets that have surfaced are likely only a fraction of these oligarchs' actual wealth. The true extent is difficult to track because they often use a convoluted network of shell companies, obscure entities and stand-ins to keep their finances hidden, experts said. But now, with war raging in Ukraine, lawmakers and corruption watchdogs are calling on governments to close those loopholes and crack down on the middlemen who know how to exploit them. “Putin’s oligarchs cannot operate without their Western enablers, who give them access to our financial and political systems,” said Rep. Steve Cohen, D-Tenn. “These unscrupulous lawyers, accountants, trust and company service providers and others need to do basic due diligence on their clients to ensure that they are not accepting blood money. This isn’t rocket science – it is common sense policy to protect democracy.” In Washington, Cohen and others have introduced the ENABLERS Act, which would require real estate brokers, hedge fund managers and other entities to “ask basic due diligence questions whenever somebody comes to them with a suitcase full of cash,” said Rep. Tom Malinowski, D-N.J., the lead sponsor of the bill. The International Consortium of Investigative Journalists, a global network of journalists and newsrooms that have tracked the wealthy's tax havens and financial secrecy, has identified at least a dozen networks of facilitators, offshore agents and banks across the world that have allegedly helped Russia's elites move and hide their money based on its analyses of public records and leaked financial documents the group has obtained over the past decade. This includes a range of actors, from global offshore law firms that create shell companies and other obscure entities to help wealthy Russians keep their finances clouded, to one-man shops in offshore tax havens that help set up "nominee" shareholders and paid stand-ins to conceal the real owners of entities. ICIJ also points to the roles of major law firms in helping shape the modern tax avoidance system as well as the roles of big financial institutions and banks in helping wealthy Russians move their money. Last year, The Washington Post, as part of its collaboration with ICIJ's Pandora Papers project, reported on how South Dakota, with its limited oversight, vague regulations and trust secrecy, has become a tax haven for secretive foreign money. Malinowski stressed that the United States "has become one of the easiest places in the world for corrupt kleptocrats around the world to hide money." “What we've basically allowed is a system where people can steal their money in countries without the rule of law and then protect their money in countries like ours where they can count on property rights and courts and privacy rules to safeguard his loot for life," Malinowski said. "We should not be complicit in the theft that supports dictatorships like Putin." Experts warned that sanctions and asset seizures, while effective in the short term, may be toothless over time if secrecy loopholes remain in place. On Wednesday, Transparency International published an open letter calling on Western leaders to take steps to stem rules that foster opacity. “To disguise their wealth and keep them out of the reach of law enforcement authorities, kleptocrats will turn to lawyers, real estate agents, banks, crypto-service providers and banks in your countries,” the letter reads. “You must redouble your supervision efforts over the gatekeepers of the financial sector.”
Chairman Cardin Emphasizes the Importance of the Global Magnitsky ActWednesday, March 23, 2022
Madam President, reserving the right to object to the request from the Senator from Idaho, it is my understanding that the Senator’s modification would not include provisions that were included in the Housepassed legislation that modifies the global Magnitsky sanction regime. I just would like to speak for a moment, if I might. There is no question that we stand with the people of Ukraine against the unprovoked attack by Mr. Putin. We are inspired every day by the courage of the Ukrainian people and by their inspirational leader, President Zelenskyy. The United States has shown leadership, and I congratulate the Biden administration. We have led the free world in providing defensive lethal weapons to Ukraine to defend itself. We have provided humanitarian assistance, joining the global community, including dealing with 3 million Ukrainians that are now refugees in other countries and 10 million that have been displaced as a result of Mr. Putin’s unprovoked attack. And we have led on sanctions. We have led in getting the global unity to impose sanctions against not just the Russian sectors, but also against individuals. And when Mr. Zelenskyy spoke before the Members of Congress, he specifically mentioned the importance of these sanctions; and he asked us to expand those covered by the sanctions to include the enablers, those that are enabling Mr. Putin—the oligarchs—to be able to fund his aggression against Ukraine. So what did the House send over to us? In their bill, they sent over a global Magnitsky modification. It is identical to legislation that was filed by Senator PORTMAN and myself that included the revocation of PNTR for Russia, along with the global Magnitsky. First and foremost, it removes the sunset that is in the legislation that would sunset this year. Mr. Zelenskyy asked for us to be resolved in being willing to stand up to Mr. Putin, that it would take some time. A clear message is that we remove the sunset on the global Magnitsky statute. And we know how difficult it is to get legislation passed in this body. It also expands the global Magnitsky to include the enablers—exactly what Mr. Zelenskyy asked us to do—those that enabled—the oligarchs that allowed him to be able to finance this. The language that is included in here is very similar to the language that was included in President Trump’s Executive order. This is critical legislation. Now, let me just tell you how appropriate it is that it is included in a PNTR bill—because the first Magnitsky sanction bill—and Senator WYDEN was very important in getting this done—was included in the original PNTR bill for Russia, and we were able to get it done at that time. We then made it a global Magnitsky, and my partner on that was the late Senator McCain. It has always been bipartisan. My partner now is Senator WICKER. The two of us have joined forces to make sure we get it done now. It is critically important in order to impose banking restrictions on those that are targeted under the global Magnitsky, as well as visa restrictions on being able to travel. How important is it? Ask Mr. Usmanov, who is one of the principal oligarchs to Mr. Putin, who solves Mr. Putin’s business problems. Guess how he solves those problems? Well, his yacht has now been confiscated in Germany. That is how important these sanctions are and how we have to move them forward. So, if I understand my colleague’s request, it would deny the opportunity for us to act on the global Magnitsky, which Mr. Zelenskyy has specifically asked us to do. We would lose that opportunity. We would be sending this bill back to the House that is not in session, which means there will be a further delay in repealing PNTR for Russia, which is something we need to do now, today. We can get it to the President for signature today under the majority leader’s request. And as the majority leader has indicated, I support the energy ban—I support the Russian energy ban. President Biden has already taken steps to do that. And I agree with my colleague from Idaho. I would like to incorporate that in statute, but there is no urgency to do that as there is on repealing PNTR and the global Magnitsky. That is the urgency. That is what we need to get done today. That is what we can get to the President this afternoon under the majority leader’s request, and that will be denied if my friend from Idaho’s request were granted. So, for all those reasons, I object.
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International Court orders Russia to suspend invasion of UkraineThursday, March 17, 2022
Helsinki Commission Chairman Senator Ben Cardin joined ABC News to discuss a resolution submitted by himself and others, which was recently adopted by the Senate and called on the Putin regime to be held accountable for war crimes committed during Russia's invasion of Ukraine."I hope that one day in the near future we'll see [Mr. Putin] at the Hague, tried as a war criminal," he said. On March 23, the U.S. Department of State published a statement confirming that Russian forces have committed war crimes in Ukraine.
Conflict of Interest?Wednesday, February 16, 2022
Turkey is at a crossroads. Even as the Turkish Government insists that it remains committed to its NATO partners and to future EU integration, its actions—both foreign and domestic—call those promises into question. Turkey has been a steadfast supporter of Ukraine and Turkish officials have announced plans to normalize relations with Armenia and moved to restore ties with several Middle Eastern countries, including Egypt and Israel. At the same time, the government has reiterated its commitment to the use of Russian military equipment, eroding relations with the United States and other members of NATO. Despite being a founding member of the Organization for Security and Cooperation in Europe (OSCE), Turkey is struggling to live up to the principles of respect for fundamental freedoms outlined in the Helsinki Final Act. A record number of Turkish journalists are behind bars. The failure of the Turkish government to comply with a ruling of the European Court for Human Rights on the case of Osman Kavala paved the way for the country’s potential expulsion from the Council of Europe, and thousands of others arrested following the attempted 2016 coup also languish in prison on dubious charges. The briefing, held on February 16, 2022, investigated the intersection of Turkey’s OSCE and NATO commitments related to human rights and security, and its domestic policies that fail to hold true to these principles. Panelists also explored practical policy recommendations to help Turkey overcome this disconnect. During the briefing, attendees heard from Dr. Soner Cagaptay, Director of the Turkish Research Program at the Washington Institute for the Near East, and Deniz Yuksel, Turkey Advocacy Specialist with Amnesty International. The briefing was moderated by Helsinki Commission Senior Policy Advisor Bakhti Nishanov. Co-Chairman Rep. Steve Cohen (TN-09) opened the briefing by remarking on the importance of Turkey and his personal history with Turkey. He also emphasized that human rights abuses in Turkey have long been a subject of concern, particularly those brought about by President Erdogan’s empire-building attempts. “We need to do what we can to see that the whole world is fair for citizens to express themselves, for press to express themselves, and for people to get information, without which we will not have independent democracies,” he said. Mr. Nishanov explained in opening remarks that Turkey’s position is complex and multi-faceted—while Turkey has been making efforts to normalize relationships with Armenia, Israel, and Egypt as well as bearing a large refugee burden, recent years have been challenging as Turkey experienced economic pain, inflation, and governance issues. Additionally, Turkey’s record of human rights abuses, anti-immigrant sentiments, and other obstacles cast a pall on recent progress, and bring into question the future of Turkey’s democratic development. Dr. Soner Cagaptay spoke about President Erdogan’s declining domestic popularity and the looming threat of economic hardship in Turkey. He also remarked on President Erdogan’s attempts to restore ties with Turkey’s Gulf neighbors, as well as with the United States and Europe. Dr. Cagaptay asserted that as tensions heightened between Russia and Ukraine, Turkey would adopt a neutral public-facing identity, but support Kyiv militarily. While Russia and Turkey are often compared, he pointed out that Turkey has measures of democracy that Russia does not. “The lesson of Turkey under Erdogan is that it takes a long time to kill [democracy]. Turkish democracy is resilient, it is not dead,” he said. Deniz Yuksel spoke to Turkey’s human rights crisis and the dangers opposition politicians, journalists, and citizens face. Reports of torture and detention are common, and those calling out such abuses face persecution themselves. She recommended that U.S. officials raise human rights concerns in every engagement with Turkey. She emphasized, “From the record-breaking imprisonment of journalists to the persecution of LGBTI people, an ongoing crisis of gender-based violence, and the unlawful deportation of refugees, the failures of Turkey’s judicial system cut across societal lines and undermine the human rights of all.” During the question-and-answer segment of the briefing, panelists addressed a range of questions including how specific ethnic minorities are treated in Turkey, how human rights abuses may affect Turkey’s relationship with the United States, and what challenges will arise alongside Turkey’s 2023 elections. Related Information Panelist Biographies Will Turkey Help Washington If Russia Invades Ukraine? | The Washington Institute Human Rights in Turkey | Amnesty International – USA: Turkey Regional Action Network Turkey’s Careful and Risky Fence-Sitting between Ukraine and Russia | Foreign Policy Research Institute
Death by Torture in Uzbekistan Continues
WASHINGTON - United States Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) today reacted with outrage after learning of the latest torture victims who died while in custody in Uzbekistan.
"I am appalled to learn of not one, but two more deaths-in-custody in Uzbekistan," said Smith. "Orif Ershanov and Otamaza Gafaro are the most recent individuals to join a long and growing list of those who have died after reportedly being tortured at the hands of Uzbek authorities."
Otamaza Gafaro was convicted in 1996 of stealing state property, a charge his family believes was trumped up. In April 2003, he was transferred to the Chrchik prison and was scheduled to be released in September. Gafaro's family received notice of his death on May 5.
Uzbekistan's National Security Service detained Orif Ershanov in Karshi, located in southern Uzbekistan, on suspicion of belonging to the banned Islamic group Hizb ut-Tahrir (Party of Liberation). Ershanov died in custody on May 15.
"Tragically, this has become a simple pattern. People are taken into police custody alive, and they emerge dead," Smith continued. "Political opponents and those who deviate from the government's sanctioned view of Islam are especially likely to be imprisoned and tortured."
Last month, when the European Bank for Reconstruction and Development held its annual meeting in Tashkent, President Islam Karimov rebuffed the Bank's effort to secure an unequivocal condemnation of torture during the meeting.
"Attempts by Uzbek authorities to explain away the mutilated bodies they return to grieving families as the victims of 'high blood pressure' or other natural causes have failed to mask an unrelenting pattern of torture and abuse," said Smith. "Actions speak louder than words, and Karimov's victims--silenced as they may appear--have spoken volumes about his regime's lack of commitment to bring real progress to Uzbekistan."
"These most recent deaths should be a reality check for anyone still laboring under the mistaken impression that Uzbekistan is making 'substantial and continuing progress' in meeting its human rights commitments. I hope EBRD and U.S. officials understand this message, and send a clear message to Tashkent that assistance to Uzbekistan will not continue as long as torture continues."
Four Helsinki Commission Members wrote to Under Secretary of the Treasury for International Affairs John B. Taylor in April urging him to press Uzbek authorities for resolution of a number of longstanding human rights matters prior to the EBRD meeting. "Frankly, we regret the decision to schedule the meeting in Tashkent, which allows the Uzbek authorities to host such a prestigious event despite the oppressive nature of the regime," the Commissioners wrote.
March 12, 2002: U.S. and Uzbek officials sign "Declaration on the Strategic Partnership and Cooperation Framework between the United States of America and Uzbekistan"
August 2, 2002: Congressional mandate goes into effect that assistance to Uzbekistan be contingent on a determination by the Secretary of State that Uzbekistan is making "substantial and continuing progress" in meeting commitments of the March 12 Declaration, including in the field of human rights
August 26, 2002: Secretary Powell determines that Uzbekistan is making "substantial and continuing progress"
October 2002: Musurmon Kulmuratov dies in the custody of Uzbek authorities
November 2002: Izzatullo Mumino dies in the custody of Uzbek authorities
December 2002: UN Special Rapporteur on Torture finds torture in Uzbekistan is "systematic"
May 14, 2003: Secretary Powell again determines that Uzbekistan is making "substantial and continuing progress" in meeting its commitments
Death-by-Torture Victims Since December 2000
Musurmon Kulmuratov, November 2002
Izzatullo Muminov, October 2002
Muzafar Avazov, August 2002
Husnidin Alimov, August 2002
Khusniddin Khikmatov, May 2002
Ikrom Aliev, February 2002
Mirakhmed Mirzakhmedov, February 2002
Mirkamol Solikhojoev, February 2002
Dilmurod Juraev, February 2002
Alimukhammad Mamadaliyev, December 2001
Ravshan Haidov, October 2001
Shovriq Rusimorodov, July 2001
Emin Usmon, February 2001
Hazrat Kadirov, December 2000
Habibullah Nosirov, December 2000