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press release
Helsinki Commission Briefing to Examine Swiss Enabling of Russian Oligarchs
Friday, April 29, 2022WASHINGTON—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
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press release
Russian War Crimes in Ukraine to Be Discussed at Helsinki Commission Hearing
Thursday, April 28, 2022WASHINGTON—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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in the news
Biden administration urged to ban UK lawyers who ‘enabled’ oligarchs
Tuesday, April 19, 2022A 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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press release
Helsinki Commission Urges U.S. Administration to Consider Sanctioning Remaining Individuals Involved in Persecution of Sergei Magnitsky
Monday, April 18, 2022WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Member Rep. Joe Wilson (SC-02) today released a letter sent April 15 to President Biden urging the U.S. administration to consider sanctioning the remaining individuals involved in the persecution of Sergei Magnitsky, the fraud he uncovered, and the coverup of his death in 2009. The letter read in part: “The passage and enforcement of the Magnitsky Act was among the rare times in the last decade that the United States rightly put universal values first in its relationship with Russia. Sergei Magnitsky courageously stood up to the Putin regime’s corruption and represents what Russia might be one day. He has served as an inspiration for Russian activists and civil society who dream of a Russia that respects human rights and complies with its own freely undertaken international commitments… “At this time of great upheaval, it could not be more important that the United States demonstrate its commitment to universal values. Sanctioning these individuals responsible for dismantling the rule of law in Russia and killing one of Russia’s bravest whistleblowers would have this effect.” Included with the letter was a list that includes the names and identifying information of 255 individuals who have not yet been sanctioned for their apparent role in Sergei Magnitsky’s death and the $230 million tax fraud he exposed. The list was compiled by Hermitage Capital Management LLC, the firm where Sergei Magnitsky worked at the time of his arrest and murder. The full letter and list are available online.
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in the news
Experts say desperate refugees are finding new danger after leaving Ukraine - human traffickers
Thursday, April 07, 2022An independent U.S. commission listened to testimony from experts on Capitol Hill on Thursday who painted a disturbing picture of yet another consequence of Russia's war in Ukraine -- human traffickers targeting vulnerable refugees who are desperate to flee to safety. The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, heard from a panel of experts who expressed serious concern for the millions of Ukrainians who have left, or want to leave, the country. The experts underscored the need for the international community to protect the refugees, coordinate reception and transfer of unaccompanied minors, raise awareness and provide security. Kari Johnston, senior official at the U.S. State Department's anti-trafficking office; Tatiana Kotlyarenko, an anti-trafficking adviser; Mykola Kuleba, director of Save Ukraine; and Nic McKinley, founder and CEO of DeliverFund spoke to the Helsinki commission about the challenges they face to assisting Ukrainians fleeing the war from being harmed by the traffickers. Kari Johnston, senior official at the U.S. State Department's anti-trafficking office, told the committee that most refugees fleeing Ukraine have so far been women and children -- some of whom are alone. Part of the problem is that Ukraine has restrictions preventing Ukrainian men from leaving the country. "We are encouraging our European partners to take necessary measures, including distributing information to refugees on human trafficking and available safe resources for them in all languages they can understand," she told the commission. "We have been encouraged by how quickly governments and people in Europe have opened their hearts and homes but also by efforts governments have made to protect them to prevent trafficking." Adviser Tatiana Kotlyarenko noted that targeting women is on the rise, partly because of their appeal to criminals in the sex trafficking industry. One tactic that's already been seen near Ukraine is traffickers posing as transportation or aid workers -- which lure refugees into a false promise of security. "There's been reports of women and children disappearing after they've crossed the border, sometimes accepting a ride or a job offer from a person they think is there to help," Kotlyarenko told the commission. "Although the extent of human trafficking is not yet known, cases are beginning to be reported." "Children have been displaced, putting them at great risk of physical harm, severe emotional distress, trauma and human trafficking," she added. "There have been children who on their own walked to the border in the cold after being separated from family members or their family members killed." The United Nations has estimated that more than 4 million refugees have fled Ukraine so far since Russia launched its invasion on Feb. 24. Established by Congress in 1975, the commission is composed of nine members of the House, nine members of the Senate and typically one member each from the departments of defense, state and commerce. Those final three slots, however, are vacant and awaiting appointments.
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hearing
Protecting Ukrainian Refugees from Human Trafficking
Thursday, April 07, 2022More than 4 million refugees have fled Ukraine since Russia’s massive invasion on February 24, in the largest migration of people in Europe since the Second World War. Given Ukraine’s exit restrictions on males from 18-60, the vast majority of those are women and children. Most cross the Ukrainian border without resources or a place to go, making them extremely vulnerable to human trafficking. Reports indicate that traffickers already are trolling border areas trying to lure refugees with promises of accommodation, onward transportation, or employment. Ukrainian orphans and unaccompanied minors are particularly susceptible to such predators, and they need not only to be safely evacuated from Ukraine, but also securely tracked and transferred into national child protection systems so they do not fall prey to human traffickers or otherwise disappear. To address these concerns, the Helsinki Commission held a hearing on April 7, 2022 featuring experts on human trafficking and practitioners working directly with Ukrainian refugees. Witnesses testified on efforts by frontline states, the international community, NGOs, and the OSCE Office for Democratic Institutions and Human Rights (ODIHR) to prevent refugees from becoming victims of human traffickers by raising awareness, vetting those working with refugees and those providing housing and employment, and countering online solicitation. They also discussed the need to safely transport vulnerable populations, particularly children, out of warzones and properly register them to ensure that they do not go missing or become trafficking victims. Helsinki Commission Chairman Sen. Ben Cardin (MD) commended the recent efforts of European countries to support refugees fleeing Ukraine, particularly Poland, which has taken in the majority of refugees. He stressed the need for governments and NGOs to coordinate in ensuring the care and safety of refugees. He said, “There are credible reports from border areas where refugees are crossing that traffickers are trolling trying to lure refugees with promises of accommodation, onward transportation, or employment. Some are masquerading as volunteers or others providing assistance.” He added, “I am also very concerned about reports that civilians – including children - are being forcibly moved by Russian forces from Ukraine to Russia, where they may also be at risk of human trafficking. Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) expressed his alarm over the humanitarian crisis occurring in Ukraine and condemned Russian dictator Vladimir Putin’s disregard for human life and spirit. “This flow of refugees caused by Putin’s war will cause us and require us to oversee as closely as possible the welfare of the women and children [to protect them from] people who have about the same consciousness and concern for others and human spirit as Vladimir Putin,” he said. Ranking Member Rep. Joe Wilson (SC-02) advocated for further military support for Ukraine so that Ukraine can reclaim its territory and refugees can return home safely. “Evicting the murderous Putin from Ukraine is the only way to help Ukrainian civilians and allow refugees to return to Ukraine,” he said. Rep. Chris Smith (NJ-04), OSCE Parliamentary Special Representative on Human Trafficking issues, thanked the witnesses for their leadership in the fight against human trafficking and called for increased international cooperation in protecting women and children from traffickers. Senior Official and Principal Deputy Director of the Office to Monitor and Combat Trafficking in Persons at the U.S. State Department Dr. Kari Johnstone described the dire situation refugees face as they flee. She added that many are made even more vulnerable by extenuating circumstances, such as being unable to access information in their language or belonging to an already marginalized group such as Roma. Dr. Johnstone emphasized the need for trauma-informed, age-appropriate, gender-sensitive approaches to identifying and assisting refugees. She stressed that making sure refugees have access to appropriate work, housing, and schooling would help keep them out of vulnerable situations and prevent them from becoming victims of human trafficking. “While there’s no simple solution, working together…we are hopeful that we will be able to at least reduce the impact of this war,” Dr. Johnstone said. Tatiana Kotlyarenko, advisor on anti-trafficking issues at ODIHR, called for unity united action on all fronts to combat human trafficking and asked for continued support from Congress for ODIHR’s work on anti-human trafficking in Ukraine. She also stressed the importance of countries adopting and implementing strong National Referral Mechanisms to better identify and assist victims of human trafficking. “If you want to prevent trafficking of Ukrainian women and children, we need to unite to address demand on policy, legislative, and practical levels,” she said. Mykola Kuleba, director of the NGO Save Ukraine, shared a firsthand account of the horrific conditions on the ground in Ukraine that he has witnessed while evacuating children from the war zone. He emphasized that the first step to protect Ukrainian refugees is to help Ukraine defend itself so its people don’t become refugees. He also highlighted the need for more humanitarian assistance, including food, water, and medicine. “Millions of Ukrainian children are now refugees wandering around the world. The world must help this great democratic country that has faced unprecedented evil. Each of you has the ability to aid in the rescue. Each of you can resist this evil,” Kuleba said. Nic McKinley, founder and CEO of DeliverFund, described the importance of disrupting the supply side of human trafficking by complicating traffickers’ business models and attacking their ability to profit from the exploitation of vulnerable populations. He also discussed how traffickers use social media to lure victims through advertisements of housing and employment for refugees. “You cannot have a human trafficking victim without a human trafficker,” he said. Related Information Witness Biographies
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in the news
Russia Critics Press Congress for Curbing Moscow's Role in International Groups
Wednesday, April 06, 2022Critics 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.
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hearing
Countering Oligarchs, Enablers, and Lawfare
Wednesday, April 06, 2022As influential proxies of Russian dictator Vladmir 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. On April 6, 2022, the Helsinki Commission heard from five witnesses who testified on the corruption of Russian oligarchs, as well as the various means through which such oligarchs censure journalists from reporting on their nefarious activities. Helsinki Commission Chairman Sen. Ben Cardin (MD) opened the hearing by recognizing oligarchs as appendages of Putin’s government who have engaged in extensive laundering and looting of the Russian state. He stressed the importance of sanctioning oligarchs, who utilize the existing financial and judicial frameworks of Western democracies to protect themselves from legal harm, as well as their accountants and lawyers, who utilize lawfare as means of continuing their kleptocratic ways and silencing those who report on their crimes. “We have to fortify our system against lawfare,” he stated. “And we hope that we can win this fight.” Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) asserted that oligarchs, while stealing and oppressing the Russian public, also are funding the Russian invasion of Ukraine. “In exchange for the lavish lifestyles that they live, these oligarchs pledge their loyalty to the mid-level KGB agent… currently overseeing Europe’s biggest land war since 1945,” he remarked. Ranking Member Rep. Joe Wilson (SC-02) described Russia’s invasion of Ukraine as a battle between the virtues of the free world and the vices of a corrupt state. “Putin ordered the invasion of Ukraine because Ukraine is a democracy… because it shows accountability over corruption,” he stated. “This is the most black and white conflict in recent memory.” Daria Kaleniuk, executive director of the Ukrainian Anti-Corruption Action Centre, testified that Putin’s invasion of Ukraine was due to fear of Ukraine’s fight against corruption. On February 22, when Putin declared war on Ukraine, he referred to numerous anti-corruption reforms for which the Ukrainian Anti-Corruption Action Centre had advocated. “It was clear to me in that moment that Ukraine’s successful story in fighting corruption is actually the ultimate threat to Vladmir Putin and to his kleptocratic regime,” she remarked. She argued that integral to Putin’s success throughout the years is his legion of legal and financial professionals. “There are two battlefields,” she stated. “One in Ukraine…. And another one in the West, where America is obligated to fight by targeting Russian oligarchs and their enablers.” Bill Browder, head of the Global Magnitsky Justice Campaign, described his experience following the passing of the Magnitsky Act, which allows the United States to freeze the assets of kleptocrats and human-rights violators. He highlighted the team of Western professionals who helped Putin target him for his work to passing the legislation. To ensure these Western enablers are held accountable for their actions, Browder recommended that Congress speak out and deny government employment to such organizations in the future. “We should make a list of these type of firms that do this enabling, this list should be put together by the U.S. Congress, and there should be a recommendation to the U.S. Government not to do business with these firms going forward,” he said. “They can pick sides. They can decide they want to work for the bad guys. And if they work for the bad guys, then they shouldn’t get any money from the U.S. government. Scott Stedman, founder of Forensic News, described the increased use of lawfare by oligarchs as a weapon to intimidate reporters into silence. He spoke of his experience reporting on Walter Soriano, a businessman with reported ties to multiple Russian oligarchs. Soriano filed a lawsuit against Forensic News and its contributors, attempting to silence Stedman through financial intimidation and lawfare. “Mr. Soriano’s U.S. litigation counsel Andrew Brettler wrote to me threatening yet more legal action if I did not pay a U.K. court for more money than I’ve ever had in any bank account,” he said. “This is what lawfare looks like. It is designed to suppress, stall, scare critical coverage of the Russian elite and their enablers.” Anna Veduta, vice president of the Navalny Anti-Corruption Foundation International, outlined the need to sanction corrupt Russian politicians, oligarchs, enablers, and their family members. The assets these oligarchs and enablers have acquired are held by relatives, she argued, who have yet to be sanctioned. “People responsible for these lies, people who are poisoning Russian people with these lies, still can enjoy spring break in Miami and take their kids to Disneyland,” she said. “So I am going to quote Alexei Navalny once again, ‘Warmongers must be treated as war criminals.’” Shannon Green, executive director of the USAID Anti-Corruption Task Force and senior advisor to the Administrator highlighted the reliance of autocrats like Putin on oligarchs and enablers. She reviewed USAID initiatives to support reform coalitions and confront lawfare domestically, as well as efforts to develop new programs to confront kleptocracy abroad. Addressing her fellow panelists, she stated, “Anna, Bill, Daria, Scott, we draw inspiration and courage from your example. And the U.S. government’s message to you, and to all of your fellow change agents, is: Be not afraid. We stand with you.” Related Information Witness Biographies Statement for the Record: Arabella Pike, Publishing Director, HarperCollins Publishers
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press release
Protecting Ukrainian Refugees from Human Trafficking to Be Discussed at Helsinki Commission Hearing
Friday, April 01, 2022WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: PROTECTING UKRAINIAN REFUGEES FROM HUMAN TRAFFICKING Thursday, April 7, 2022 10:30 a.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission More than 4 million refugees have fled Ukraine since Russia’s massive invasion on February 24, the largest migration of people in Europe since the Second World War. Given Ukraine’s exit restrictions on males from 18-60, the vast majority of those leaving are women and children. Most cross the Ukrainian border without resources or a place to go, making them extremely vulnerable to human trafficking. Reports indicate that traffickers already are trolling border areas trying to lure refugees with promises of accommodation, onward transportation, or employment. Ukrainian orphans and unaccompanied minors are particularly susceptible to such predators, and they need not only to be safely evacuated from Ukraine, but also securely tracked and transferred into national child protection systems so they do not fall prey to human traffickers or otherwise disappear. Witnesses will examine efforts by frontline states, the international community, NGOs, and the OSCE Office for Democratic Institutions and Human Rights to prevent refugees from becoming victims of human traffickers, to coordinate the reception and transfer of unaccompanied minors, to conduct awareness-raising and prevention programs near the border, and to provide security to protect refugees. The following witnesses are scheduled to testify: Panel 1: Dr. Kari Johnstone, Senior Official, U.S. Department of State, Office to Monitor and Combat Trafficking in Persons Panel 2: Ms. Tatiana Kotlyarenko, Anti-Trafficking Advisor, OSCE Office for Democratic Institution and Human Rights Mr. Mykola Kuleba, Director of Save Ukraine and former Presidential Commissioner for Human Rights Mr. Nic McKinley, Founder and CEO, DeliverFund
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press release
Helsinki Commission Hearing to Examine Ways to Counter Oligarchs, Enablers, and Lawfare
Wednesday, March 30, 2022WASHINGTON—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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in the news
With oligarchs in the crosshairs, alleged Western 'enablers' attract fresh scrutiny
Thursday, March 24, 2022As 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.”
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statement
Chairman Cardin Emphasizes the Importance of the Global Magnitsky Act
Wednesday, March 23, 2022Madam 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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in the news
Olympic skater’s entourage could face trouble under US law
Monday, February 14, 2022ZHANGJIAKOU, China (AP) — Legal troubles for the coach and others in Russian figure skater Kamila Valieva’s orbit could emerge in the United States even after her doping case from the Beijing Games has been resolved. Anti-doping experts say the episode falls under the scope of a recently enacted U.S. law that criminalizes doping schemes in events involving American athletes. The law calls for fines of up to $1 million and prison sentences of up to 10 years for those who participate in doping programs that influence international sports. “Doctors and coaches who give performance-enhancing drugs to athletes are directly liable” under the new law, said one of its authors, attorney Jim Walden. “They are at risk of jail, steep fines, and forfeiture. And I suspect the FBI is already hot on this trail.” On Monday, The Court of Arbitration for Sport cleared Valieva to compete in the women’s competition this week. Still unresolved is what to do about the gold medal the Russians won — with Valieva as the headliner — in last week’s mixed team competition. Because Valieva is 15, and considered a “protected person” under global anti-doping rules, the sanctions against her could be light. That does not exempt her entourage from possible anti-doping penalties beyond the possible stripping of the medal from the Russian team. Walden and others expect those same people to come under investigation by U.S. law-enforcement, as well. “The latest Russian doping scandal in Beijing is exactly why we passed the Rodchenkov Anti-Doping Act. Doping is corruption,” said Sen Ben Cardin, D-Maryland, who is involved in anti-doping issues. Walden represents the bill’s namesake, Grigory Rodchenkov, the Russian lab director who blew the whistle on the complex, widespread Russian doping scheme designed to help the country win medals at the 2014 Sochi Games and elsewhere. Rodchenkov now lives in hiding. The Rodchenkov Act wasn’t designed to go after athletes. It targets coaches, doctors and other members of an athlete’s entourage who are accused of arranging doping programs in any event that involves U.S. athletes, sponsors or broadcasters. The bill, supported by Walden, the U.S. Anti-Doping Agency and others, passed by unanimous consent through both houses of Congress and was signed into law in December 2020. It was considered a remarkable achievement considering the polarization in U.S. politics. Officials at the White House drug control office in both the Trump and Biden administrations have been critical of global anti-doping regulators. They threatened to withhold funding from the World Anti-Doping Agency, but recently paid their remaining dues despite some major concerns. The law’s first test came last month when federal officials charged a doctor of providing drugs to an “Athlete A,” who The Associated Press identified as Nigerian sprinter Blessing Okagbare. The IOC and WADA lobbied against parts of the bill. Their main argument was that it gave U.S. law enforcement too much leverage in policing anti-doping cases that occur outside its own borders. This case — a Russian who was found to have doped on Dec. 25 at a national championship — appears, at first glance, to fit that profile. WADA said it took six weeks for officials to receive the test from a lab in Sweden because Russia’s anti-doping agency (RUSADA) failed to flag it as a priority. That Valieva was allowed to compete at the Olympics turns it into an international episode. WADA said in a statement that it was “disappointed in the ruling,” and that it, too, would “look into” Valieva’s support personnel. Russia’s anti-doping agency has also begun an investigation. But critics of WADA and the IOC argue the bill was passed because the international anti-doping system has proven it can’t police its own. They point to the sanctions handed to Russia over the past eight years as Exhibit A. Part of those sanctions resulted in years’ worth of suspensions and reforms for RUSADA, which is overseeing this case. Critics contend the case involving Valieva might not have erupted had the country — whose athletes are competing in Beijing under the banner of “Russian Olympic Committee” due to the sanctions — been penalized appropriately. “If I were a betting man, I’d say there’s a 95% chance that this is a good case for” the law, said Rob Koehler, the head of the advocacy group Global Athlete. Though there are harsh penalties under the law, it’s hard to imagine U.S. authorities would ever get their hands on Russians if they were indicted. Still, an indictment would have an impact. It could curtail their ability to travel or coach outside of Russia, since the United States has extradition deals with dozens of countries across the globe. Valieva tested positive for the banned heart medication trimetazidine. “We need more facts, but you can envision a case like this under Rodchenkov,” USADA CEO Travis Tygart said. “This drug doesn’t just show up out of nowhere. Assuming the facts play out that someone was involved in giving it to her to enhance performance, it fits like a glove.”
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press release
Chairman Cardin on Doping Scandal At 2022 Winter Olympics in Beijing
Friday, February 11, 2022WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) released the following statement: “The latest Russian doping scandal in Beijing is exactly why we passed the Rodchenkov Anti-Doping Act. Doping is corruption. It defrauds clean athletes and honest sponsors, and insults the spirit of international competition. “Putin—like other strongmen—regularly uses corruption as a tool of foreign policy. The Olympics are no exception. I call on the U.S. Department of Justice to investigate all alleged doping crimes during the Beijing Olympics and hold the perpetrators responsible under the Rodchenkov Act.” The Rodchenkov Anti-Doping Act, which became law in December 2020, criminalizes doping in international sport. In January 2022, the Federal Bureau of Investigation announced the first charges filed under the Rodchenkov Anti-Doping Act for a doping scheme at the Tokyo Olympics.
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press release
Helsinki Commission Marks One-Year Anniversary of Navalny’s Imprisonment
Friday, January 14, 2022WASHINGTON—Ahead of the one-year anniversary of Alexei Navalny’s arrest on January 17, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following statements: “In the past year, while Alexei Navalny has remained unjustly imprisoned, the Kremlin has doubled down on its absurd persecution of his anti-corruption organizations as ‘extremist,’” said Chairman Cardin. “Nevertheless, Mr. Navalny’s colleagues, friends and allies, in the face of grave threats, continue to risk their own freedom to expose Putin’s thuggery across Russia.” “Putin would not have gone to the trouble to imprison Alexei Navalny unless he perceived a serious threat to his power,” said Co-Chairman Cohen. “Mr. Navalny and his team across Russia were instrumental in revealing the ill-gotten gains of Putin and his cronies. This tells you all you need to know about why they are a target.” “During his imprisonment, Alexei Navalny has used his own suffering to call attention to the plight of the hundreds of other political prisoners in Russia,” said Sen. Wicker. “We have not forgotten him or others who are persecuted for their beliefs, and we look forward to a Russia in which they finally are free.” “Despite the Kremlin’s attempts to push Alexei Navalny out of public view and prevent him from challenging Putin, we will not stop calling for his release,” said Rep. Wilson. “Russians who challenge Putin should not have to fear for their safety in their own country.” In August 2020, Alexei Navalny was the victim of an assassination attempt by the FSB that used a Russia-developed chemical weapon in the Novichok family. He spent months recovering after being flown to Berlin for treatment. Navalny returned to Moscow on January 17, 2021, and was arrested at the airport. In February, a Russian judge sentenced Navalny to three and a half years in a prison colony for violating the terms of a suspended sentence related to a 2014 case that is widely considered to be politically motivated. Previous time served under house arrest reduced his prison time to two years and eight months. In June, the Moscow City Court ruled that Alexei Navalny’s Anti-Corruption Foundation and its regional networks would henceforth be considered “extremist” organizations, essentially outlawing these groups and criminalizing their activity. In September, Russian authorities opened a new probe against Navalny and his closest associates for creating and directing an “extremist network.” This, combined with other ongoing criminal investigations, could lead to additional jail time for Navalny and threaten those associated with his organizations, many of whom have been forced to flee Russia.
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press release
Helsinki Commission Welcomes First Charges Under the Rodchenkov Anti-Doping Act
Thursday, January 13, 2022WASHINGTON—Following the first charges filed under the Helsinki Commission’s Rodchenkov Anti-Doping Act for a doping scheme at the Tokyo Olympics, Helsinki Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), Ranking Member Rep. Joe Wilson (SC-02), and former Commissioner Rep. Michael Burgess (TX-26) issued the following statements: “Swift utilization of the Rodchenkov Anti-Doping Act is exactly what we hoped for with this legislation,” said Chairman Cardin. “I thank the U.S. attorneys and investigators who put in long hours of work pursuing this case. They understood the importance of cleaning up cheating and corruption in international sports, which often is a tool of autocratic governments. These first charges are only the beginning and serve as a very public part of the global anti-corruption strategy supported by the Biden administration and spearheaded by the Helsinki Commission for many years.” “I welcome this first enforcement action under the Rodchenkov Act and urge the Department of Justice to continue unraveling the corruption that infects international sport,” said Co-Chairman Cohen. “Sports should bring people together and celebrate achievement—they should not be an opportunity for fraud. My own GOLD Act would expand the Rodchenkov Act and I call on my colleagues to pass it swiftly.” “These charges are the culmination of years of work to hold administrators, doctors, and officials accountable for their role in corrupting international sport,” said Sen. Wicker. “They demonstrate that our new approach is working. I thank the public servants at the U.S. Department of Justice and urge them to continue their efforts to enforce this critically important law.” “Dictators and their cronies interfere in everything we hold dear, including sports. They view victory in international sport as a way to trumpet the greatness of their oppressive systems. Cheating in sports is part of their foreign policy,” said Rep. Wilson. “With the Rodchenkov Act, we are holding these corrupt networks to account. I applaud the Department of Justice for prosecuting fraudsters at the Tokyo Olympics and call on them to do the same in Beijing.” “From a young age, professional athletes dedicate themselves to becoming the best in their sport. For those skilled enough to make it to the Olympics, their efforts should not be tainted by doping schemes,” said Rep. Burgess. “Yesterday’s charges provide hope to those that have been defrauded. They would not have been made possible without the Rodchenkov Anti-Doping Act. I worked to enact this law to maintain sport integrity and keep all American athletes safe and protected from fraud. Further, yesterday’s action is a win for athletes such as Katie Uhlaender, whose moving testimony spurred Congress into action. I hope that yesterday’s charges are only the beginning of combatting fraud in international sport competition.” “This is exactly the kind of action we hoped for following the enactment of this groundbreaking anti-doping legislation,” said Dr. Grigory Rodchenkov, the former head of Moscow’s anti-doping laboratory and the Russian whistle-blower after whom the law is named. “We are grateful to United States Attorney Damian Williams for taking this monumental first step toward restoring the Olympic games to their role as a cherished forum for nations to convene in the spirit of peace, fairness and cooperation. We cannot continue to allow corrupt states and the overlords of sport commerce to exploit our athletes and traditions of peace to advance the economic and geopolitical interests of the few. Yesterday's action is entirely appropriate and puts real teeth into anti-doping enforcement, while also setting an example of international cooperation and fair play for future generations.” The Rodchenkov Anti-Doping Act, which became law in December 2020, criminalizes doping in international sport. In July 2021, the Helsinki Commission hosted a hearing on the enforcement of the Rodchenkov Act at the Tokyo Olympics. Earlier that year, Dr. Rodchenkov spoke out publicly for the first time about the impact of the Rodchenkov Anti-Doping Act on a Helsinki Commission podcast, calling it a “game-changer.” On Wednesday, the New York Field Office of the Federal Bureau of Investigation (FBI) announced the charges against Eric Lira, who they allege “obtained various performance enhancing drugs (‘PEDs’) and distributed those PEDs to certain athletes in advance of, and for the purpose of cheating at, the 2020 Olympic Games held in Tokyo in the summer of 2021.”
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Helsinki Commission Efforts Reflected in Istanbul Charter
WASHINGTON - “As Chairman of the Commission on Security and Cooperation in Europe, I am particularly pleased that the Istanbul Charter and Declaration approved by the 54 participating States of the Organization for Security and Cooperation in Europe (OSCE) today, includes a number of specific initiatives advanced by the Commission. They address trafficking in human beings, particularly women and children; corruption; eradication of torture; and protection of Roma. Members of the Commission had been fighting for advancements on these pressing issues for several years,” said Commission Chairman Rep. Christopher H. Smith (R-NJ).
A 17-member U.S. delegation to the OSCE Parliamentary Assembly in July in St. Petersburg, Russia, paved the way for these advances by building a wider and stronger consensus for them. The Istanbul Declaration suggests some progress on Chechnya, another issue to which the Commission has given priority. But questions remain whether Russia is really interested in finding a political solution.
With regard to Chechnya, Chairman Smith calls on Russia to “cease immediately and without precondition its use of massive and indiscriminate force against civilians. The use of such force has led to an enormous humanitarian tragedy, one that every day looks more comparable in humanitarian destruction to the terror that Serbian leader Milosevic unleashed on the civilians of Kosovo. Those in Chechnya responsible for the scores who have been kidnaped or unaccounted for should immediately release the victims and provide an accounting for all who are missing.”
“Although Russia made promises in Istanbul about seeking a political solution to the conflict in Chechnya and allowing the OSCE to play a role in this,” Smith continued. “Early post-Summit reports from Moscow suggest the sincerity of these pledges is already in doubt. According to press reports, senior figures in Moscow refer to President Yeltsin’s ‘rigid’ position in Istanbul and say ‘no new orders’ have been given. Russia should make a good faith effort to find a political solution, with assistance from the OSCE. Not to do so and to continue Moscow’s brutal attacks would condemn many thousands more innocent people to tragic consequences.”
“I was disappointed that the documents do not build on OSCE commitments in the field of religious liberty at a time when there is increasing intolerance toward minority faith communities in much of the OSCE region, including Western Europe,” Smith continued, “Similarly, I am disheartened at the failure of efforts to set a standard for the removal of criminal defamation from the law books of OSCE States. Such an effort was seen as unacceptable by several countries. But we will not retreat.”
Members of the Commission have been particularly active in supporting concrete steps to combat trafficking of human beings, the subject of a June 28 hearing. The U.S. Delegation to the OSCE Parliamentary Assembly in St. Petersburg, Russia, in July introduced an anti-trafficking initiative that was unanimously approved by the Assembly. The introduction of this issue into the Istanbul Charter and Declaration also has been received with broad approval, which will help spur serious efforts in the OSCE States to stop this modern form of slavery.
Commission Co-Chairman Sen. Ben Nighthorse Campbell (R-CO) especially welcomed the high-level recognition of the problems posed by corruption in the OSCE region. “Corruption has implications well beyond the economic dimension, undermining the core OSCE values of democracy, human rights and the rule of law. Rampant corruption in many of the economies in transition pose a great threat to their ability to develop as democracies and create prosperous private market economies. These problems likewise afflict the United States and other advanced countries. Thus this issue is ripe for a much higher level of international attention. I would add that corruption has cost U.S. business firms billions of dollars in lost contracts abroad with direct implications for our economy here at home. The comprehensive nature and membership of the OSCE make it ideally suited to play a leading role in combating corruption in a region of vital interest to the United States," Campbell concluded.
Campbell served as Vice-Chairman of the U.S. Delegation to the St. Petersburg Assembly and spearheaded calls for the OSCE to play an active role in combating corruption and organized crime. A Commission hearing in July on “Corruption and Bribery in the OSCE Region” highlighted the multidimensional aspects of the problem. The Commission has conducted hearings this year on the use of torture in countries of the OSCE, especially in Turkey, a NATO ally. Efforts by several Members of the Commission to stop the export of torture equipment by U.S. companies to Turkey's Government followed a 1998 congressional fact-finding mission to Turkey which included interaction with families of torture victims, and a March hearing.
In many OSCE participating States, safeguards—such as due process of law and independent judicial oversight of police and security forces—to prevent torture and prosecute and punish those responsible are weak or non-existent. Abuses of prisoners and detainees occur with alarming frequency throughout the NIS; arrest of those responsible is rare. Last year, Russia’s Human Rights Ombudsman reported that torture was widespread. In Uzbekistan, political activists and religious believers have been tortured in custody, to extract confessions. In Tajikistan and Turkmenistan, oppositionists have been targets for similar abuse. In Central Europe and the former Yugoslavia, there have been many incidents of police brutality against Roma. Torture is widespread in Turkey, but Ankara's recently stated policy of zero tolerance and their plans for additional legal reforms and human rights education are welcomed.
Some 400,000 victims of torture worldwide have made their way to the United States, recognized as a global leader in supporting the rehabilitation of victims of torture. The November 19 Charter for European Security includes a clear commitment of OSCE states to eradicate torture and other cruel, inhuman, or degrading treatment or punishment. The Heads of State have further pledged to promote legislation to provide safeguards and legal remedies to combat torture and assist victims.
Members of the Commission hoped to expand the language to further protect minority religious believers, many of whom are currently under legal attack in a number of the OSCE States. Evangelical and Pentecostal Protestants, for example, are having a difficult time in much of the former Soviet Union and in countries like France and Austria in obtaining legal standing in the courts, and in buying property. The bulldozing of the only Seventh Day Adventist church in Turkmenistan last weekend is a shocking reminder of the frightening threats to religious freedom in some areas of the OSCE region.
Summit leaders acknowledged that Roma are subjected to violence and discrimination, as well as other manifestations of racism. There is no clearer manifestation of the racism Roma face than the wall recently erected in the Czech city of Usti nad Labem. The United States has commended the Czech Government and Parliament for opposing the wall, which is incompatible with a democratic society. This wall deserves the same fate as the Berlin wall, and now. A number of countries have no comprehensive anti-discrimination legislation, and Roma have often faced unremedied discrimination in the workplace, housing, education, the military, and public places. Therefore, in addition to acknowledging the violence and discrimination Roma face, the November 19 Declaration calls for the adoption of anti-discrimination legislation to promote respect for the rights of Roma.
The Commission will actively work to build on the progress at the Summit to add impulse and content to the work of the OSCE on the issues of on trafficking, corruption, torture, and Roma. The Commission will also make stronger efforts to develop more support among OSCE states for expanding protections to minority religions and faiths, and bringing an end to the infamous criminal defamation laws that, in some countries, are used to squelch voices of freedom. Members of the Commission do not underestimate the exertions required to achieve these goals. In this regard it especially looks forward to close cooperation with NGOs and other OSCE states that shared the Commission’s priorities.