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Helsinki Commission Chair Disappointed by Response of Turkish Court to Gölge Appeal

Monday, September 24, 2018

WASHINGTON—Following the recent court decision in Turkey to reduce Serkan Gölge’s prison sentence by two-and-a-half years—but not to free him—Helsinki Commission Chairman Sen. Roger Wicker (MS) issued the following statement:

“The court’s response to Serkan Gölge’s appeal is deeply disappointing. Serkan and his family already have endured more than two years of anguish and separation, and yet the Turkish justice system has failed to produce any convincing evidence of the charges against him. This injustice must come to an end. U.S. sanctions on Turkey’s justice and interior ministers should continue until all wrongfully detained Americans and locally employed staff of U.S. consulates in Turkey are free.”

U.S. citizen and NASA scientist Serkan Gölge is one of several American citizens, including Pastor Andrew Brunson, who have been caught up in the sweeping purge that followed the 2016 coup attempt in Turkey. Gölge, Brunson, and two Turkish employees of U.S. consulates were charged with terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks. A third consulate employee remains under house arrest on dubious charges. 

In November 2017, the Helsinki Commission held a hearing on the detention of American citizens and U.S. consulate employees in Turkey. A month earlier, Helsinki Commission leaders called on President Erdogan to lift the state of emergency imposed in July 2016 after the failed military coup against his government. Turkey ended its two-year-long state of emergency in July 2018, but shortly thereafter the Grand National Assembly approved legislation that effectively enshrines many of President Erdogan’s controversial emergency decrees.

Ahead of the May 2017 meeting between President Donald Trump and Turkish President Recep Tayyip Erdogan, Helsinki Commission leaders also urged President Trump to seek guarantees that U.S. citizens and locally employed staff jailed in Turkey will have their cases promptly and fairly adjudicated.

 

Media contact: 
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Stacy Hope
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csce[dot]press[at]mail[dot]house[dot]gov
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    Mike McIntyre and other lawmakers evaluated the degree to which human rights were being respected in Russia in light of increasing authoritarian trends via so-called power institutions. The effect of the war in Chechnya on Russian society as a whole was also a topic of discussion. Valentin Gefter, General Director of the Human Rights Institute in Moscow spoke to several factors that had led to issues regarding human rights, including the situation of military conflict in Chechnya, protests initiated by individuals displeased with social and economic policies, and preventative action taken by the state.

  • Meeting the Demographic Challenge and the Impact of Migration

    By Erika Schlager, Commission Counsel for International Law The thirteenth meeting of the Economic Forum of the Organization for Security and Cooperation in Europe convened in Prague, the Czech Republic, from May 23-27, 2005.  This year, Forum participants from 52 of the 55 OSCE participating States met under the broad theme of “Demographic Trends, Migration and Integrating Persons belonging to National Minorities:  Ensuring Security and Sustainable Development in the OSCE Area.” [1] Stephan Minikes, U.S. Ambassador to the OSCE, summarized the factors that drove the meeting’s focus on demographic, migration and related population issues: “Given current demographic trends in much of the OSCE space, an increasing number of states will have to deal with migration on a larger scale.  In many countries, the decline in workforce due to aging and shrinking populations cannot be arrested or reversed quickly enough through increased fertility.  To maintain quality of life, sustainable development and support pension schemes, many countries will have to open their labor markets, and quickly.  Inviting immigrants will force states not only to integrate them, but also to evaluate their immigration policies . . . .” The Economic Forum, replicating what has been a growing trans-Atlantic public debate, gave particular attention to efforts to increase birthrates and to enhance migration from other regions that – for now – are experiencing population growth (at least relative to job availability). With respect to the goal of increasing the birthrate, no single policy prescription emerged from the discussions.  The Norwegian delegation described grass-roots driven policy changes that contributed to raising the birth rate in Norway – although it was only raised to 1.8 percent, still below replacement levels.  A number of other speakers highlighted the need to develop policies to help women juggle both careers and parenting.  In closing remarks, the U.S. delegation observed, “[w]hile we do not dispute this need, we believe that it is equally critical to keep in mind the parenting role of men as well.” Conspicuously absent from the discussion was consideration of data on ethnic groups within countries.  In several countries, for example, the demographic trend in the Romani minority differs from the ethnic majority: Romani communities often have a higher birth rate, shorter life-span and higher infant mortality.  Nevertheless, although there is a Europe-wide demographic crisis, a few public officials in several countries, perhaps reflecting widespread social antagonisms toward the Romani community, argued for targeted programs to reduce the Romani birth rate. In the discussion of migration trends, the economic and environmental factors that lead people to migrate were examined, as well as the implications of such migrations for both the countries that send and receive migrant populations.  A few countries, including Albania, Armenia and Tajikistan, spoke from the perspective of a sending country, touching on both the positive (e.g., remittances) and negative (e.g., brain drain) aspects of population outflows. Other sessions of the Prague Forum addressed population developments, including: Environment and migration; Providing services for migrants; Awareness raising and economic integration in countries of destination; Economic and social integration of national minorities; and Principles of integration of national minorities. Four side events were held concurrently with the working sessions.  They were: Migration and economic development of the sending countries (an event held with the OSCE Mediterranean Partners for Cooperation); Implementing the Roma and Sinti Action Plan (economic and social aspects); The OSCE’s Anti-trafficking Program; and The Labor Migration Project in Armenia. In his closing remarks, a representative of the Slovenian Chair-in-Office (CIO) noted a few suggestions that might serve as the basis for further OSCE work, including: Developing an action plan on migration issues; Formulating a statement of principles that might be adopted at the OSCE Ministerial in December; Developing a handbook on managing migration;  and, Establishing an advisory group on migration issues under the umbrella of the OSCE  Economic and Environmental Activities Coordinator.  The CIO representative noted that some of the recommendations went beyond the OSCE’s framework and mandate.  In addition, during the discussions, a few countries (notably Turkey and France) noted that some speakers had advocated policy approaches that would not be acceptable to their capitals.  Accordingly, it remains to be determined whether a consensus will be established for moving forward on any of these specific suggestions. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce. U.S. DELEGATION: Stephan M. Minikes, U.S. Ambassador to the OSCE Susan F. Martin, Professor at Georgetown University and Executive Director of the Institute for             the Study of International Migration at Georgetown University Ellen Thrasher, Associate Administrator, U.S. Small Business Administration Katherine A. Brucher, Deputy Political Counselor, U.S. Mission to the OSCE Robert Carlson, Political Officer, U.S. Mission to the OSCE Susan Archer, OSCE Desk Officer, U.S. Department of State Erika Schlager, Counsel for International Law, Commission on Security and Cooperation in Europe  [1] (The three countries which had no representation during the course of the week were Andorra, Macedonia and Uzbekistan.)

  • 90th Commemoration of the Armenian Genocide

    Mr. Speaker, today we mark the 90th anniversary of the beginning of the Armenian Genocide. Every year we participate in this solemn commemoration but this year it has a special significance.  For the families of the victims and the survivors, the horrors of that bygone era remain so painful that it is hard to believe how much time has passed. The passage of years has not dimmed the memory or eased the grief. Not a relative or friend has been forgotten, nor have fond memories of native cities faded away.  Moreover, no accounting for mass murder has been made. Though many governments and legislative bodies around the world have recognized the Armenian Genocide, the Turkish Government consistently refuses to acknowledge what happened. For Armenians everywhere, Turkey's policy of aggressive denial sharpens the feeling of loss, embittering the lives of those who miraculously survived.  Today, those of us without Armenian blood share the sorrow of Armenians everywhere. I had the privilege in September 2000 of chairing hearings on the Armenian Genocide in the Subcommittee on International Operations and Human Rights of the International Relations Committee. The reading I have done over the years, which has included detailed descriptions of the atrocities, shock me. But, I am resolved to speak about this issue, loudly and often.  The Armenian Genocide has significance for all of us. It created a monstrous precedent which launched a century of genocides. In numerous countries and cultures, an ethnic group that controlled the state has used its instruments of coercion to slaughter members of a minority group, religion or class. It is enough to recall Adolf Hitler's smug remark, "Who remembers the Armenians?'' to grasp the universality of what happened to the Armenians.  Much has changed in the world since the mass, planned murder in 1915--two world wars, the fall of the Ottoman, Habsburg and Romanov Empires, the rise of the American superpower and most recently, the fall of the Soviet Union. One would have thought that we would have grown wiser over the years. Alas, we have not learned the appropriate lessons from the 20th century's first genocide. Just a few years after Rwanda, at this very moment, another genocide is taking place in Darfur. Yet, instead of mounting a united response, the international community has waffled or slithered away from responsibility, as hundreds of thousands are slaughtered.  The record of man's inhumanity to man is awful enough to produce a feeling of resignation. But we must fight that tendency. We must continue to remind the world of what occurred in 1915 and keep calling on Turkey to won up. We must not restrain ourselves from speaking of the Armenian Genocide. Along with many of my colleagues, I urge President Bush to speak the truth to Ankara, which needs to come to terms with its own past.  As this somber time, I want to note one optimistic point: OSCE negotiators are guardedly hopeful about the prospects of resolving the Nagorno-Karabakh conflict. True, we have experienced such moments before and should not get our hopes up. Still, I am encouraged to hear that there is at least some reason for hope. We all pray for a peaceful solution to this conflict, which has caused over 30,000 deaths and many more casualties. Next year, when we once again commemorate the Genocide of the Armenians, I hope their descendants will be living in peace with their neighbors, building a democratic, prosperous country that will be a light unto the world.

  • Unrest in Uzbekistan: Crisis and Prospects

    This briefing, held in the wake of protests in the town of Andijon in eastern Uzbekistan that were violently put down by Uzbek troops on May 13, examined the crisis in Uzbekistan and U.S. policy options toward the regime of President Islam Karimov. The Uzbek regime has long been listed as an abuser of human rights. Among those participating in the briefing were: H.E. Samuel Zbogar, Ambassador of Slovenia and representative of the OSCE Chairman-in-Office; Dr. Abdurahim Polat, Chairman of the Uzbek opposition Birlik Party; Mr. Michael Cromartie, Commissioner of the U.S. Commission on International Religious Freedom; Dr. Martha Brill Olcott, Senior Associate at the Carnegie Endowment for International Peace; and Mr. Daniel Kimmage, Central Asia Analyst for Radio free Europe/Radio Liberty. The participants called for Uzbekistan to strive to resolve this situation peacefully, and continue to meet its commitments as a participating State in the OSCE.

  • Unregistered Religious Groups in Russia

    This hearing focused the disfranchisement of religious minorities Russia.  In several cases, authorities unfairly targeted religious groups with excessive force and threatened their right to worship. The hearing examined these cases and what the OSCE and U.S. have done in response. The witness John V. Hanford, III, Ambassador-at-Large for International Religious Freedom, gave testimony about specific measures the State Department has in place in Moscow for addressing this issue and what the administration of President Bush has done to respond directly to these violations.

  • Religious Freedom in Turkey

    Helsinki Commission Staff Advisor, Elizabeth Pryor, presented an opportunity for discussion on the situation faced by Muslims, Protestants, members of the Armenian Orthodox Church, and the Jewish community in the Republic of Turkey. Numerous injustices that occurred in spite of significant steps taken by the government to improve conditions for the enjoyment of religious liberty were addressed. Witnesses testifying at the hearing – including Marve Kavakci, Former Member of the Turkish Grand National Assembly; Rev. Fr. Vertanes Kalayjian, Pastor of St. Mary Armenian Apostolic Church and Representative of the Eastern Diocese of the Armenian Apostolic Church of America; Van Krikorian, Founding Member of the Turkish-Armenian Reconciliation Commission; Jeff King, President of the International Christian Concern; and Barry Jacobs, Director of Strategic Studies for the Office of Government and International Affairs  American Jewish Committee – presented testimonies regarding personal experiences with religious injustice in an effort to encourage Congress to urge Turkish officials to adhere to principles of religious freedoms.

  • Ankara's Efforts to Undermine the Greek Orthodox Church in Turkey

    By Chadwick R. Gore Staff Advisor The Helsinki Commission briefing, “The Greek Orthodox Church in Turkey: A Victim of Systematic Expropriation” was held on March 16, 2005. The ecumenical panel of experts included: Archbishop Demetrios, Primate of the Greek Orthodox Church in America and Exarch of the Ecumenical Patriarch; Cardinal Theodore E. McCarrick, Archbishop of Washington; Rabbi Arthur Schneier, President of the Appeal of Conscience Foundation; Dr. Anthony Limberakis, National Commander of the Archons of the Ecumenical Patriarchate of the Order of St. Andrew the Apostle; and Dr. Bob Edgar, General Secretary of the National Council of Churches. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) opened the briefing and Commission Senior Advisor Elizabeth B. Pryor moderated. Co-Chairman Smith described the issue of the status of the Orthodox Church in Turkey as “black and white.” Turkey’s practice of property seizures, continuous impediments to land ownership and church repairs, and the denial of legal status for the Ecumenical Patriarchate are all in direct contradiction to Ankara’s OSCE commitments. While the current government has initiated a broad regime of reforms, Co-Chairman Smith encouraged the government to do more. “Turkey has a proud history of religious tolerance, but current government policies appear targeted to bring about the eventual exodus of Greek Orthodoxy from Turkey entirely,” said Rep. Smith. “I urge the Government of Turkey to continue with its good reform program, take actions to support its Orthodox citizens, and to bring its laws and policies into conformity with OSCE commitments.” Archbishop Demetrios provided a detailed account of the maltreatment of the Greek Orthodox Church in Turkey. Since the government-provoked riots against the Greek Orthodox minority in 1955 – when the community numbered around 100,000 – the Church has been reduced to its present day remnant of 3,000 believers or less. The survival of this minority has been threatened by the continued closure of the Halki Theological School. This seminary, which was closed in 1971 on the pretext that privately run institutions were no longer legal, was the only school in the country for the training of Orthodox clergy. The continued closure means the Greek Orthodox Church in Turkey is unable to train new clergy in-country. The Archbishop also detailed cases of government confiscation of other church property. The two most significant accounts of such seizure are a recent Supreme Court ruling allowing the government to take possession of an historic orphanage on the island of Pringipo, and the expropriation of 152 properties of the Balukli Hospital in Istanbul. In addition, Demetrios noted that the government does not recognize the word “ecumenical” in the Ecumenical Patriarchate, thus denying the principal body of the church legal status. Rabbi Schneier relayed his experiences from multiple trips to Turkey speaking in support of the Greek Orthodox Church in crisis. After the fall of the Soviet Union, Turkey was thought to be a model of peaceful, religious coexistence for countries of Central Asia. In 1991, Rabbi Schneier met with the Patriarch and proposed a “Peace and Tolerance Conference.” The conference, which occurred in 1994, was widely supported by various religions and seemed to set a new tone for religious tolerance in Turkey and the region. Schneier urged the Turkish Government to take advantage of the world-wide respect that the Ecumenical Patriarchate has gained as a religious institution that preaches tolerance and fosters inter-religious cooperation. In conclusion, Rabbi Scheiner admonished the Turkish Government “to live and let live.” Dr. Limberakis detailed the various religious liberty violations he had personally witnessed on several trips to Turkey. He provided charts, showing that in 1936 the Greek Orthodox Church owned more than 8,000 properties. By 1999, its holdings had been reduced to about 2,000 places and today that number is less than 500. For the properties the church retains, the government has been slow or non-responsive in issuing building permits and allowing for repairs. The Church of the Virgin Mary, which was severely damaged in the 2003 terrorist bombings in Istanbul, waited more than a year for the building permits to rebuild. Limberakis categorized this as “emblematic of the modus operandi of the Government of Turkey.” Limberakis also discussed the Balukli Hospital and Home for the Aged. In addition to having some of its properties seized, the government has recently informed the hospital that it is subject to a 42% retroactive tax dating back to 1999. He recounted how he was assured by government leaders in February 2004 that the Halki Seminary would reopen and that it would possibly be operational for the 2004-2005 school year. September 2004 came and no progress was made. In a meeting in December 2004, the issue was discussed with Turkish officials but no further assurances were given. Dr. Edgar began his testimony by stressing the importance of the Ecumenical Patriarch, not only to Orthodox believers, but to Christians around the world for thousands of years. Istanbul has retained “its place of ecclesiastical prominence among the Orthodox Churches and its place of honor throughout the entire Christian world.” Edgar lauded the Ecumenical Patriarch as the “symbolic leader of the world’s 250 million Orthodox Christians.” Edgar discussed how the 1923 Treaty of Lausanne, which formally recognized the Greek Orthodox community as a minority in Turkey, guarantees the community’s rights. The Turkish Constitution states that religious liberties are to be enjoyed by all. Though the government has made promises, the implementation is lacking. Cardinal McCarrick agreed with others in saying that the Turkish Government greatly misunderstands the importance of the Ecumenical Patriarchate. He said, “Turkey, one would hope, would be so proud to have among its citizens and among its religious leaders one whose influence is felt not only beyond its borders, but throughout the world.” He discussed Pope John Paul II’s tremendous respect and honor for Patriarch Bartholomew, the current Ecumenical Patriarch and leader of the Orthodox Church. McCarrick briefly mentioned Turkey’s Law on Foundations which has created difficulties for non-Muslim religious communities. He reported that revenues from property transactions were often frozen and that religious institutions were often required to pay corporate taxes. Over the years members of the Helsinki Commission have been consistent and vocal advocates for the Greek Orthodox Church, as well as other religious groups experiencing problems in Turkey, be they Muslim, Christian or other. The briefing made it clear the Government of Turkey needs to take several positive steps to fulfill the Helsinki commitments regarding freedoms of religion and assembly which it has freely accepted. First, the apparent systematic expropriation of the properties of the Greek Orthodox Church ascribed as legal under the foundation laws of Turkey must cease. While such actions may be legal they are clearly wrong and prevent Turkey from fulfilling its basic Helsinki commitments. One can easily perceive sinister motives in the application of these laws regarding religious institutions—they appear to have as their goal the eradication of the Greek Orthodox from all of Turkey. Turkey needs to remove religious institutions from under these laws and free religious institutions from their burden. Second, Turkey needs to appreciate that freedom of the spirit is not a threat to the state. Allowing such freedom actually enhances one’s commitment to and love of country. The current system erodes the fundamental glue that keeps citizens proud of their lineage. And, finally, Turkey needs to look outward to the modern world to realize that the great democracies not only allow freedom of religion and assembly, accompanied by speech rights, but encourage them. Both the state and the citizen will grow better in the light of openness, acceptance and tolerance. This briefing was the first in a series of three, with the second briefing focusing on the Turkish Government’s treatment of other religious communities in the country. The last event will be with representatives of the Turkish Government in Ankara, addressing a variety of issues including those discussed in the first two briefings. United States Helsinki Commission intern Alesha Guruswamy contributed to this article.

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