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Helsinki Commission Chair Chris Smith Shines Light on Egregious Rule-of-Law Abuses by Russian Government

Hearing Witnesses Testify to Repeated Violations of International Security, Economic, Human Rights Agreements
Wednesday, October 21, 2015

WASHINGTON—At a Congressional hearing today, the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, spotlighted the many recent violations of the rule of law committed by the Russian government.

“Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act,” said Helsinki Commission Chairman Rep. Chris Smith (NJ-04), who called the hearing. “At stake is the hard-won trust between members, now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails.”

“Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act.  It appears these are not isolated instances.  In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments,” Smith continued. “[I also] question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms...[and recent government actions] demonstrate Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders.”

Witness testimony highlighted case studies corresponding to each of the three dimensions of comprehensive security established by the Organization for Security and Cooperation in Europe (OSCE): politico-military security; economic and environmental security; and human rights and fundamental freedoms.

Tim Osborne, executive director of GML Ltd., the majority owner of the now-liquidated Yukos Oil Company, said, “It is clear that the Russian Federation is not honoring its obligations and commitments under the rule of law or in a manner consistent with the Helsinki process.  Russia’s tendency, more often than not, has been to ignore, delay, obstruct or retaliate when faced with its international law responsibilities…Russia cannot be trusted in international matters and that even when it has signed up to international obligations, it will ignore them if that is what it thinks serves it best.”

“Russia had engaged in the uncompensated expropriation of billions of dollars of U.S. investments in Yukos Oil Company,” observed former U.S. Under Secretary of State for Economic, Business and Agricultural Affairs Ambassador Alan Larson. “American investors—who owned about 12 percent of Yukos at the time of the expropriation—have claims worth over $14 billion, and they are entitled to compensation under international law even though they have no option for bringing claims directly against the Russian Federation.”

Vladimir Kara-Murza, a well-known Russian activist and the coordinator of the Open Russia Movement, said, “Today, the Kremlin fully controls the national airwaves, which it has turned into transmitters for its propaganda…the last Russian election recognized by the OSCE as conforming to basic democratic standards was held more than 15 years ago.”

“There are currently 50 political prisoners in the Russian Federation,” Kara-Murza continued. “These prisoners include opposition activists jailed under the infamous ‘Bolotnaya case’ for protesting against Mr. Putin’s inauguration in May 2012; the brother of anti-corruption campaigner Alexei Navalny; and Alexei Pichugin, the remaining hostage of the Yukos case.”

“A clear pattern emerges when one looks at Russia’s implementation of its arms control obligations overall,” observed Stephen Rademaker, former Assistant Secretary of State for Arms Control and International Security and Nonproliferation. “Should Moscow conclude such agreements have ceased to serve its interest, it will ignore them, effectively terminate them, violate them while continuing to pay them lip service, or selectively implement them…Russia believes that this is how great powers are entitled to act, and today Moscow insists on acting and being respected as a great power.”

Chairman Smith was joined at the hearing by a panel of lawmakers including Commission Co-Chairman Senator Roger Wicker (MS) and Representative Robert Aderholt (AL-04).

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    The 57 participating States of the Organization for Security and Cooperation in Europe have repeatedly committed to recognizing and respecting freedom of religion or belief. The 35 participating States of the Conference on Security and Cooperation in Europe–the forerunner of the OSCE–signed the Helsinki Final Act of 1975, which included: “The participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.” The OSCE’s Office of Democratic Institutions and Human Rights has staff dedicated to freedom of religion or belief, led by a senior advisor. ODIHR legal reviews to help participating States comply with their OSCE commitments have included existing law and draft legislation on freedom of religion or belief. ODIHR only conducts such reviews after receiving a formal invitation from a participating State. A panel of OSCE/ODIHR experts on freedom of religion or belief assists OSCE/ODIHR, and the ODIHR director appoints the panel’s 14 members every three years. This compilation, developed by Helsinki Commission staff, covers CSCE/OSCE commitments on freedom of religion or belief in 16 documents from the Final Act to the OSCE Ministerial Council in 2015. It includes the document title, excerpted text, and links to the original document. Participating States have also made commitments relating to discrimination or hate crimes base on religion or belief.” Some examples are in “OSCE Human Dimension Commitments: Thematic Compilation.” This Helsinki Commission compilation only includes commitments on freedom of religion or belief. The Commission will update the compilation when new commitments on freedom of religion or belief are made.

  • Representatives Cohen and Chabot Introduce Kleptocrat Exposure Act

    WASHINGTON—Helsinki Commissioner Rep. Steve Cohen (TN-09) and Rep. Steve Chabot (OH-01) today introduced the Kleptocrat Exposure Act. The act will provide the Secretary of State the authority to publicly reveal the names of individuals and their immediate family members who are subject to U.S. visa bans as a result of human rights abuses, corruption, and other malign activity. “Global criminals and corrupt autocrats—or kleptocrats—seek to spend their ill-gotten gains in the United States, where they can indulge in luxury, pursue positions of influence, and exploit the rule of law, which protects their stolen wealth. Our country should not be a shelter for these corrupt individuals,” said Rep. Cohen. “Corrupt elites in Russia, and around the world, fear exposure. They thrive off of secrecy to continue to keep their corruption going. It is time to sound the alarm about who these bad actors are and shield American citizens from these crooks,” said Rep. Chabot. Many kleptocrats already have been prohibited from traveling to the United States on the grounds of their engagement in malign activity. However, under current law, these and future visa bans are confidential. If made public, this information would further protect the United States and its allies by exposing these kleptocrats. Chairman of the Helsinki Commission Rep. Alcee L. Hastings (FL-20), Ranking Member of the Helsinki Commission Rep. Joe Wilson (SC-02), Helsinki Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Brian Fitzpatrick (PA-01), and Rep. John Curtis (UT-03) are original cosponsors of the legislation.

  • Chairman Hastings on World Refugee Day

    WASHINGTON—In honor of World Refugee Day, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) today issued the following statement: “On World Refugee Day, we recognize those who risk everything—even their lives—in the search for freedom and safety. They have fled their homes in fear, only to face perilous journeys and uncertain futures. “There are more refugees now than at any point since World War II. There are nearly 71 million displaced persons worldwide. Almost 26 million of them are refugees, half of whom are children.     “International organizations like the OSCE help ensure that humanitarian assistance and protections, including anti-discrimination measures, are being delivered in accordance with international norms and human rights. “Please join me in commemorating the courage and resilience of the millions of refugees and displaced persons around the world fleeing persecution, war, and violence. Their stories inspire us, and their triumphs have enormously strengthened the nations that have welcomed them.”

  • International Election Observation in the U.S. and Beyond

    In 1990, the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE) pledged to hold free and fair elections. Election observation is one of the most transparent and methodical ways to encourage countries to uphold their commitment to democratic standards, and is a core element of the OSCE’s efforts to promote human rights, democracy, and the rule of law.  Since the 1990s, the OSCE has been invited to observe approximately 250 elections in countries throughout the OSCE region, including the United States and Russia. In addition to the OSCE, the United Nations, Organization for American States, European Union, and other multilateral organizations routinely participate in international election observation.  Civil society actors—including U.S.-based organizations like the National Democratic and International Republican Institute, the International Foundation for Electoral Systems, and the Carter Center—also observe elections around the world with the common goal of upholding democratic standards.  The briefing focused on the benefits and challenges of international election observation, best practices, and emerging issues like voting technology and security.

  • International Election Observation to Be Discussed at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: INTERNATIONAL ELECTION OBSERVATION IN THE US AND BEYOND Why It Matters Wednesday, June 19, 2019 10:00 a.m. Rayburn House Office Building Room 2200 Live Webcast: www.facebook.com/HelsinkiCommission In 1990, the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE) pledged to hold free and fair elections. Election observation is one of the most transparent and methodical ways to encourage countries to uphold their commitment to democratic standards, and is a core element of the OSCE’s efforts to promote human rights, democracy, and the rule of law.  Since the 1990s, the OSCE has been invited to observe approximately 250 elections in countries throughout the OSCE region, including the United States and Russia. In addition to the OSCE, the United Nations, Organization for American States, European Union, and other multilateral organizations routinely participate in international election observation.  Civil society actors—including U.S.-based organizations like the National Democratic and International Republican Institute, the International Foundation for Electoral Systems, and the Carter Center—also observe elections around the world with the common goal of upholding democratic standards.  The briefing will focus on the benefits and challenges of international election observation, best practices, and emerging issues like voting technology and security. Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) will offer opening remarks. The following panelists are scheduled to participate: Gerardo de Icaza, Director, Department of Electoral Cooperation and Observation, Organization of American States Laura Jewett, Senior Associate and Regional Director for Eurasia Programs, National Democratic Institute Richard Lappin, Deputy Head, Elections Department, OSCE Office of Democratic Institutions and Human Rights (ODIHR) Tana de Zulueta, Head of ODIHR Limited Election Observation Mission to 2018 U.S. Mid-Term Elections Additional panelists may be added.

  • Chairman Hastings on Political Crisis in Moldova

    WASHINGTON—In light of the current political crisis unfolding in Moldova, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “I am watching developments in Moldova with concern. Moving the goalpost because one party doesn’t like the outcome of an agreement does not reflect the commitment to democracy we expect to see in an OSCE participating State. I applaud the formation of a democratically legitimate coalition and look forward to supporting the Euro-Atlantic aspirations of the Moldovan people.” National elections in Moldova in late February resulted in a parliament split almost equally between three major parties—the Socialist Party, the Democratic Party, and the ACUM bloc. According to the Moldovan constitution, a new parliament has a maximum of three months after its election is certified to form a government. The Moldovan elections were certified on March 9. For the past three months, the parties negotiated unsuccessfully to form a coalition government. On June 8, just before the deadline for dissolving parliament and calling new elections, last-minute negotiations produced an agreement between the Socialist and ACUM parties. However, the agreement was immediately challenged by the Democratic Party, and the new coalition was declared illegal by Moldova’s Constitutional Court on the grounds that negotiations had exceed the three-month deadline. Most Moldovans thought the three-month deadline would fall on June 9. The Constitutional Court argued that three months means 90 days, making the deadline June 7. The court’s ruling is now under review by the European Commission for Democracy through Law, also known as the Venice Commission of the Council of Europe.

  • Russia's Counterproductive Counterterrorism

    The Kremlin actively seeks to present Russia as a global leader in the practice of counterterrorism and countering extremism. However, Moscow’s policies and practices in this area may be problematic at best and counterproductive at worst. Witnesses offered expert views on how the Kremlin’s counterterrorism approach has evolved over time; its effectiveness; the extent to which it complies with Russia’s commitments to uphold human rights and fundamental freedoms; regional implications; and whether Kremlin actions dovetail—or not—with U.S. interests.

  • Hastings and Wicker Condemn Recent Arrest of Ivan Golunov

    WASHINGTON—Following the recent arrest of investigative journalist Ivan Golunov by Russian authorities, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Journalism remains a dangerous profession in Russia, especially for reporters like Ivan Golunov who investigate corruption at the highest levels of government. His arrest proves once more that Russian authorities don’t simply fail to protect investigative journalists; they actively seek to muzzle them by alleging criminal behavior and even resorting to brute physical force.” Golunov, of the Latvia-based Russian news outlet Meduza, was arrested on drug charges on June 6 in Moscow—a common tactic used by Russian authorities to target journalists and dissidents.  In the hours after his arrest, he was denied numerous rights enshrined in Russian statutes, including a phone call to friends and family, an attorney, and a meal.  He also allegedly was beaten while in custody, and faces up to 20 years in prison. According to the 2019 World Press Freedom Index, Russia ranks 149 out of 180 countries in media freedom based on an evaluation of pluralism, independence of the media, quality of the legislative framework, and safety of journalists.

  • STANDARD FOR JUSTICE: JUNE 10, 2010

    By Annie Lentz, Kampelman Fellow On June 10, 2010, seven senior Bosnian Serb officials were convicted of war crimes by the United Nations International Criminal Tribunal for the former Yugoslavia (ICTY). This was the largest trial to date held before the ICTY, which uncovered an organized and strategic attack against civilians and UN-protected safe areas in 1995 during the conflict in the Balkans. Bosnian Serb political and military leaders Radovan Karadžić and Ratko Mladic were later convicted of orchestrating the criminal plan. The trial began on August 21, 2006 and continued for 425 days until concluding on September 15, 2009. The inquiry featured testimony from 315 witnesses, with 5,383 exhibits of evidence totaling 87,392 pages. U.S. Helsinki Commission leaders expressed their support for the convictions handed down by the Tribunal, serving justice to those involved in the genocide of about 8,000 ethnic Bosniak men and boys residing in Srebrenica, an enclave  in Bosnia and Herzegovina which fell despite U.N. protection. Then-Chairman Sen. Ben Cardin said, “The ethnic cleansing that occurred in Bosnia was orchestrated by individuals who are now finally facing justice for their crimes. Others awaiting trial or who believe they may have escaped prosecution should take this as a sign that they too will answer for their crimes against humanity.” “The wheels of justice may not always turn as fast as victims’ families would like, but the convictions of Vujadin Popovic and Ljubisa Beara show the strength of the International War Crimes Tribunal to hold people to account,” said then-Co-Chairman Rep. Alcee L. Hastings. Following calls from Helsinki Commission leadership and other human rights advocates, the ICTY was established in reaction to the atrocities committed during the decade of conflicts in the former Yugoslavia. It was the first international attempt to hold political leaders accountable for war crimes, crimes against humanity, and genocide since the Nuremburg and Tokyo trials following World War II, and it established that the massacre committed in Srebrenica in July 1995 constituted genocide. Other crimes committed in Croatia, Bosnia and Herzegovina, and Kosovo included mass ethnic cleansing campaigns in which millions were displaced, thousands of women and girls were raped, and many others were detained and tortured.  The death toll in Bosnia and Herzegovina alone is believed to have exceeded 100,000 individuals.  The ICTY concluded its work in 2017, having indicted 161 individuals in connection to crimes during the conflicts in the Balkans while setting global precedents regarding cases of genocide, crimes against humanity, violations of the laws or customs of war, and grave breaches of the Geneva Conventions. Ninety offenders were sentenced to serve prison time in 14 European states. The Tribunal also set the standard for how such atrocities should be handled to achieve international justice. In December 2017, the Helsinki Commission organized a public briefing to assess the accomplishments of the tribunal and ongoing efforts to pursue justice for atrocities in the Western Balkans.    

  • A New European Parliament – How Will EU-U.S. Relations Change?

    By Andrew Carroll, Kampelman Fellow On June 6, 2019, the European Parliament Liaison Office in Washington, D.C, in cooperation with the Delegation of the European Union (EU) to the United States, the U.S. Helsinki Commission, and the EU Congressional Caucus, convened a panel discussion on the May 2019 EU Parliamentary elections, and the future of the EU-U.S. relationship.      New EU Ambassador to the U.S. Stavros Lambrinidis opened the event, which was held on the 75th anniversary of D-Day, by reflecting on the heroism and sacrifice of those who helped construct the rules-based system of freedom and order underpinning continued peace and security in Europe. Their contributions, he noted, are directly tied to last month’s European Parliamentary elections, which he hailed as a triumph for democracy following record voter turnout among EU Member States.  Dr. Mischa Thompson, Helsinki Commission director of global partnerships, policy, and innovation, delivered remarks on behalf of Helsinki Commission Chairman Rep. Alcee Hastings (FL-20). Chairman Hastings’ statement discussed the symbolism of the 75th Anniversary of D-Day, stating it was a “stark reminder of the power of allied U.S. and European strength in the face of threats to democracy.”  His comments also emphasized the close bond the U.S. shares with Europe, highlighting programs such as the Transatlantic Inclusion Leaders Network (TILN), which supports emerging leaders for the long-term prosperity of democracies on both sides of the Atlantic. Three European alumni of the TILN program were elected to the European Parliament in May. In the discussion that followed, moderated by Paul Adamson, Chairman of Forum Europe, panelists Heather Conley of the Center for Strategic and International Studies, Daniel Hamilton of Johns Hopkins University's School of Advanced International Studies, Kathleen McNamara of Georgetown University, and Antoine Ripoll of the European Parliament Liaison Office stressed the enduring importance of the U.S.-EU relationship amidst the changing political landscapes.  The panelists stressed security and economic ties, as well as the need to strengthen the relationship between the U.S. Congress and European Parliament on policy matters ranging from trade to counterterrorism and data privacy.  Speakers commented on the dramatic increase in voter turnout in the EU’s newest Member States in Central and Eastern Europe. They also noted the new composition of the European Parliament, which not only reflects losses by mainstream political parties, but also the entrance of new players; 60 percent of new MEPs have not previously held office in the body.  Discussants later fielded questions on subjects including EU defense integration, trade and investment, and U.S.-EU common policy towards China.      

  • Helsinki Commission Hearing to Examine Russia’s Approach to Counterterrorism

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: RUSSIA’S COUNTERPRODUCTIVE COUNTERTERRORISM Wednesday, June 12, 2019 10:30 a.m. Rayburn House Office Building Room 2255 Live Webcast: www.youtube.com/HelsinkiCommission The Kremlin actively seeks to present Russia as a global leader in the practice of counterterrorism and countering extremism. However, Moscow’s policies and practices in this area may be problematic at best and counterproductive at worst. Witnesses will offer expert views on how the Kremlin’s counterterrorism approach has evolved over time; its effectiveness; the extent to which it complies with Russia’s commitments to uphold human rights and fundamental freedoms; regional implications; and whether Kremlin actions dovetail—or not—with U.S. interests.  The following witnesses are scheduled to participate: Dr. Michael Carpenter, Senior Director, Penn Biden Center for Diplomacy and Global Engagement; former U.S. Deputy Assistant Secretary of Defense for Russia; former National Security Council Director for Russia Rachel Denber, Deputy Director, Europe and Central Asia Division, Human Rights Watch Dr. Mariya Y. Omelicheva, Professor of Strategy at the United States National War College, National Defense University; author, “Russia’s Regional and Global Counterterrorism Strategies” and “Russia’s Counterterrorism Policy: Variations on an Imperial Theme”

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