Title

Helsinki Commission Efforts Reflected in Istanbul Charter

Friday, November 19, 1999

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.

Media contact: 
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    The 2018 World Cup hosted by Russia has created an unprecedented opportunity for the country’s kleptocrats to enrich themselves. Just as he did with the 2014 Winter Olympics in Sochi, President Vladimir Putin has hijacked a world sporting event in an attempt to burnish his own image and enrich the Kremlin elite, rather than to celebrate sport and sportsmanship in Russia. However, unlike the 2014 Winter Olympics, the World Cup has required multiple infrastructure projects in not just one, but eleven, host cities. Oligarchs, as well as regional and national officials, have worked together to embezzle assets from the tournament stadium construction and refurbishment to side projects of accommodation and transport. Mistreated and forced laborers have completed this work. Contractors have used and manipulated Rus-sian and migrant workers to erect the stadiums and other structures that are essential to hosting a World Cup. For example, Russia has continued its unscrupulous use of North Korean forced labor to build St. Petersburg Zenit Arena, opened by President Putin himself in March 2017. Russia presented the World Cup to the FIFA voters in 2010 as a wholesome tournament, bringing the world together for a festival of sport. Instead, President Putin will give the world a corrupt tournament, built on the backs of forced and mistreated labor, and expose fans to a real risk of soccer violence and hatred. Although troubling trends in each of these areas can be seen in countries throughout the OSCE region, the offenses of the Kremlin are particularly egregious. Download the full report to learn more. Contributors: Michael Newton, Intern and Scott Rauland, Senior State Department Advisor

  • Sanctioning Human Rights Abusers and Kleptocrats under the Global Magnitsky Act

    The Global Magnitsky Act enables the United States to sanction the world’s worst human rights abusers and most corrupt oligarchs and foreign officials, freezing their U.S. assets and preventing them from traveling to the United States. Sanctioned individuals become financial pariahs and the international financial system wants nothing to do with them. Before proceeding, ask yourself: is Global Magnitsky right for my case? The language of the Global Magnitsky Act as passed by Congress was ex-panded by Executive Order 13818, which is now the implementing authority for Global Magnitsky sanctions. EO 13818 stipulates that sanctions may be considered for individuals who are engaging or have engaged in “serious human rights abuse” against any person, or are engaging or have en-gaged in “corruption.” Individuals who, by virtue of their rank, have ordered others to engage or have facilitated these acts also are liable to be sanctioned. Keep in mind that prior to the EO’s expansion of the language, human rights sanctions were limited to “gross violations of internationally recognized human rights” as codified in 22 USC § 2304(d)(1). The original language also stipulates that any victim must be working “to expose illegal activity car-ried out by government officials” or to “obtain, exercise, defend, or promote internationally recognized human rights and freedoms.” As for sanctions for corruption, it identifies “acts of significant corruption” as sanctionable offenses. This is generally thought to be a stricter standard than the EO’s term “corruption.” It may be worthwhile to aim for this higher standard to make the tightest case possible for sanctions. As a rule, reach out to other NGOs and individuals working in the human rights and anti-corruption field, especially those who are advocating for their own Global Magnitsky sanctions. Doing so at the beginning of the process will enable you to build strong relationships, develop a robust network, and speak with a stronger voice. Download the full guide to learn more. Contributor: Paul Massaro, Policy Advisor

  • Fighting Human Trafficking in Travel and Tourism: New Challenges & Solutions

    Traffickers move trafficking victims on airplanes, buses, trains, and taxis—frequently relocating to avoid detection by law enforcement and to chase big markets, like major sporting events and vacation destinations. Hotels, often unknowingly, sell rooms to traffickers for exploitation.  Over the last decade, transportation and hotel professionals have recognized the role they can play on the front lines of identifying potential trafficking victims. Many organizations work alongside NGOs and the Departments and Homeland Security and Transportation to ensure that their employees are ready to respond to, rather than look away from, victims in plain sight.  However, some companies have been slow to join the fight. Legislation pending in Congress will require hotels and airlines to train their employees to spot and report signs of trafficking before the companies can become eligible to win government contracts. More decentralized systems of travel and tourism—such as Airbnb and Uber—may need new frameworks to ensure that their systems do not become the preference of traffickers on the move.

  • Human Trafficking in Travel and Tourism Topic of Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the Congressional Trafficking Caucus today announced the following joint briefing: FIGHTING HUMAN TRAFFICKING IN TRAVEL AND TOURISM: NEW CHALLENGES AND SOLUTIONS Monday, May 7, 2018 3:00 p.m. Russell Senate Office Building Room 485 Live Webcast: www.facebook.com/HelsinkiCommission Traffickers move trafficking victims on airplanes, buses, trains, and taxis—frequently relocating to avoid detection by law enforcement and to chase big markets, like major sporting events and vacation destinations. Hotels, often unknowingly, sell rooms to traffickers for exploitation.  Over the last decade, transportation and hotel professionals have recognized the role they can play on the front lines of identifying potential trafficking victims. Many organizations work alongside NGOs and the Departments and Homeland Security and Transportation to ensure that their employees are ready to respond to, rather than look away from, victims in plain sight.  However, some companies have been slow to join the fight. Legislation pending in Congress will require hotels and airlines to train their employees to spot and report signs of trafficking before the companies can become eligible to win government contracts. More decentralized systems of travel and tourism—such as Airbnb and Uber—may need new frameworks to ensure that their systems do not become the preference of traffickers on the move. The following expert panelists are scheduled to participate: Michael “Mick” McKeown, Blue Campaign Executive Director, U.S. Department of Homeland Security Tracey Breeden, Director of Safety Communications, Uber Nancy Rivard, Founder and President of Airline Ambassadors Carol Smolenski, Executive Director, End Child Trafficking and Pornography (ECPAT), USA Craig Kalkut, Vice President of Government Affairs, American Hotel & Lodging Association Nick Shapiro, Global Head of Trust & Risk Management, Airbnb Additional panelists may be added.

  • Co-Chairman Smith Chairs Hearing on Plight of Russian Family, Possible UN Corruption in Guatemala

    WASHINGTON—Congress should investigate and hold accountable the United Nations’ International Commission against Impunity in Guatemala (CICIG) for its role in the prosecution of a Russian family in Guatemala fleeing Putin’s Russia, said Congressman Chris Smith (NJ-04), co-chair of the Commission on Security and Cooperation in Europe, at a Friday hearing titled “The Long Arm of Injustice.” The hearing examined CICIG’s role in the prosecution of the Bitkov family in Guatemala. “Congress has a special responsibility in this matter because the United States is one of the largest contributors to CICIG’s budget. There has been little congressional oversight of CICIG – it’s clearly time for that to change,” Rep. Smith stated at the hearing. The case of the Bitkovs was examined at the hearing, which featured testimony from the lawyers representing the family as well as from Bill Browder, a human rights advocate and founding director of the Global Magnitsky Campaign for Justice, who has investigated the case and CICIG’s role in it. The Bitkovs fled Russia in 2008 following a series of events that began in 2005 with Igor Bitkov refusing to let a senior official at one of Russia’s state banks, Sberbank, buy over half of his North-West Timber Company. His daughter Anastasia was kidnapped and repeatedly raped in 2006, and the family paid $200,000 to ransom her. In 2008, the banks demanded full repayment of their loan to Bitkov’s company despite the company’s good credit. The company was forced into bankruptcy, its assets sold at fire sale prices, and the Bitkovs fled Russia fearing for their lives after hearing of threats made against them. This case was a textbook scheme of Russian officials persecuting those who refuse to do business with them, Browder said. “First, in Russia people who run successful businesses are routinely victimized through a process called ‘Raiderstvo’. I was a victim of Raiderstvo and so were the Bitkovs. It is a standard practice in Russia where organized criminals work together with corrupt government officials to extract property and money from their victims,” stated Browder in his written testimony before the commission. Browder was expelled from Russia in 2005 after fighting corporate corruption there. After Russian authorities seized his companies, Browder’s lawyer Sergei Magnitsky investigated the matter; he was arrested and was tortured to death in Russia in 2009. Since then, Browder pushed for the passage and enactment of Magnitsky laws. After fleeing Russia, the Bitkovs entered Guatemala through a legal firm, Cutino Associates International, that offered them travel documents, and took on new identities there. However, they were eventually indicted and prosecuted for passport fraud, and although the country’s appeals court sided with them, a lower court ruled against them and sentenced them to long prison terms. CICIG was involved in the ultimate prosecution that resulted in their current sentences for passport fraud: 19 years in prison for Igor, and 14 years each for his wife Irina and their daughter Anastasia. The prosecution was “notoriously disproportionate and even more aggressive and shocking than high-impact crimes such as drug trafficking, murder or even terrorism,” stated Rolando Alvarado, a lawyer representing the Bitkovs, at the hearing. “They channelled their criminal prosecution before special courts that know of crimes of greater risk.” The very prosecution violated the law of the country, said another lawyer who represents the Bitkovs. “In Guatemala, the Palermo Convention is in force, as well as the Guatemalan Migration Law. Both laws establish that migrants cannot be criminalized for the possession or use of travel documents or ID documents. Even so, the State of Guatemala has decided to prosecute, illegally, these cases and has issued suspended sentences in other similar cases,” stated Victoria Sandoval, who also represents the Bitkov family. The role of CICIG was examined at the hearing, along with its relationship with Russian officials who were pursuing the prosecution of the Bitkov family in Guatemala. “The Russian government routinely abuses international institutions in order to persecute its enemies who are outside of Russia. In my opinion, the Russian government succeeded in compromising CICIG and the Guatemalan Prosecutor for their own purposes in the Bitkov case. CICIG and the prosecutor’s office have jointly taken up the Russian government’s vendetta against the Bitkovs with no good explanation,” Browder stated. “CICIG did not distance itself from this Russian persecution. They’ve touted it on their website and they’ve actively tried to overturn the Bitkovs’ vindication by the Appeals Court.” Rep. Smith further noted that “the facts of the case strongly indicate” that CICIG “became deeply involved in the Kremlin’s persecution of the Bitkov family. Indeed that CICIG acted as the Kremlin’s operational agent in brutalizing and tormenting the Bitkov family.” “And then there must be accountability for the grotesque wrong that has been done to them. There must be further inquiry, and we must get to the bottom of this,” Smith said. Helsinki Commission Chairman Sen. Roger Wicker (MS) said in a statement for the record, "The case of the Bitkovs illustrates the Kremlin’s pattern of abuse involving the world’s courts and legal institutions. Russia should be called out for the mafia state it is and the illegitimate and politically influenced decisions that come out of Russian courts not given the time of day. We must find a way to protect our institutions from malign outsider influence and avoid becoming unwitting participants in Kremlin vendettas." Sen. Marco Rubio (FL), Commissioner at the Helsinki Commission, said in a statement for the record, “This miscarriage of justice cannot be tolerated and today’s hearing is a strong first step in bringing this matter to light. It is important for both Kremlin and Guatemalan officials to understand that the world sees what is happening and will not accept Russian malign influence in the Western Hemisphere or the destruction of Guatemalan judiciary.” Sen. James Lankford (OK) said in a statement for the record, “We should be diligent in exercising oversight over any foreign entity which receives U.S. taxpayer funding to ensure our nation's own resources are used to advance national interests. I applaud the Commission for looking into the issue of the Bitkov family as well as exercising oversight over the U.S.-funded CICIG.” Sen. Mike Lee (UT) said in a statement for the record, "CICIG should be operating to root out real corruption, rather than building up or tearing down political winners and losers. It pains me to see sovereignty continually thrown by the wayside as has been the case in Guatemala. It is unfair to average citizens. It has been unfair to the Bitkovs. It is unfair to all who seek a free and prosperous Guatemala."

  • The Long Arm of Injustice

    In 2008, Igor and Irina Bitkov, along with their daughter Anastasia, fled Russia in fear for their lives. Having seen their successful company bankrupted in a textbook raider scheme, their daughter kidnapped and raped, and facing death threats, the Bitkovs took refuge and began a new life with new identities in Guatemala. The family now finds itself separated, imprisoned in squalid Guatemalan jail cells, and facing nearly twenty years in prison for alleged paperwork irregularities normally punishable by a simple fine. There are grave reasons to question the role of the government of Russia and the UN’s International Commission against Impunity in Guatemala (CICIG) in their imprisonment. “I am deeply concerned about grave injustices suffered by the Bitkov family—brutalized in Russia, now apparently re-victimized in Guatemala, where they languish in jail,” said Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04), who chaired the hearing. “Evidence indicating that the government of Russia may have enlisted the UN’s International Commission against Impunity in Guatemala to persecute this family is troubling and must be thoroughly scrutinized.” The hearing sought answers to key questions: Did the Kremlin enlist CICIG in its vendetta to destroy the Bitkovs? Is this another example of the frightening reach of Putin’s government and its ability to co-opt institutions designed to further the rule of law, as it has Interpol and Mutual Legal Assistance Treaties? Has the government of Russia corrupted a UN anti-corruption agency? What does this teach about the government of Russia, the UN, and the global fight against the scourge of corruption? The Helsinki Commission examined the specifics of the Bitkov case, including Russian influence on CICIG and Guatemala’s Attorney General’s office, and reviewed policy options to protect U.S. taxpayer-supported institutions from abuse and undue pressure from authoritarian governments. Selection of Additional Materials Submitted for the Record Response of William Browder to Questions for the Record Submitted by Rep. James McGovern Report: CICIG and the Rule of Law | Ligo ProPatria, Instituto de Servicios a La Nacion, Guatemala Immortal, ProReforma Sign-On Letter to the Helsinki Commission | Civil Society Representatives Letter to the Helsinki Commission | Ligo ProPatria, Instituto de Servicios a La Nacion, Guatemala Immortal, ProReforma Letter to the Helsinki Commission | Migration Groups Letter to President Maldonado of Guatemala | Bill Browder Letter to President Maldonado of Guatemala | Helsinki Commission Chairman Sen. Roger Wicker Invitation to Ivan Velasquez to Testify at Helsinki Commission Hearing Communication from Loreto Ferrer, CICIG Letter to the Helsinki Commission | VTB Bank Information from RENAP Cover Notes from Aron Lindblom,Diakonia Guatemala, Regarding: Letter to the Helsinki Commission | Indigenous Ancestral Authorities of Guatemala Letter to the Helsinki Commission | Christian Council of Guatemala Letter to the Helsinki Commission | Asociation de Mujeres Q'eqchi'es Nuevo Horizonte Letter to the Helsinki Commission | Comite de Unidad Campesina Guatemala Letter to the Helsinki Commission | Asociation Grupo Integral de Mujeres Sanjuaneras The Wall Street Journal: Kremlin Revenge in Guatemala (March 25, 2018) The Wall Street Journal: Russia’s Dubious Guatemala Story (April 15, 2018) The Wall Street Journal: A Crisis in Guatemala, Abetted by the U.N. (April 22, 2018) National Review: Microscopic Dots. Let's Look at Them. (April 25, 2018) National Review: Why Are They Doing This to the Bitkovs? (April 26, 2018) The Economist: A corruption spat in Russia endangers crime-fighters in Central America (April 28, 2018) Materials submitted by Victoria Sandoval, criminal and human rights attorney representing the Bitkov family Audio: CICIG supports VTB petitions Affidavit: Harold Augusto Flores confesses that he was threatened by CICIG Medical reports on Anastasia Bitkova issued by the National Forensic Science Institute BBC: Inside the 'world's most dangerous' hospital Ruling issued by the tribunal presided over by Judge Iris Yassmin Barrios  

  • A Crisis in Guatemala, Abetted by the U.N.

    In the struggle to defeat transnational crime in Central America, the U.S. is financing a United Nations prosecutorial body in Guatemala. Yet these U.N. prosecutors are thumbing their noses at the rule of law and seem to be using their power to politicize the Guatemalan judiciary. This is dividing and destabilizing a pivotal democracy in the region. The fragile Guatemalan state is in the crosshairs of Venezuelan dictator Nicolás Maduro and Cuba’s Gen. Raúl Castro. If their allies seize control of Mexico’s southern neighbor via its institutions, as Daniel Ortega has done in Nicaragua, it will have implications for Mexican and American security. The U.N. body, known as the International Commission Against Impunity in Guatemala (CICIG by its Spanish initials), has been in the country since 2007. It has busted some criminals. But its unchecked power has led to abuse, and this should concern U.S. backers. Some of CICIG’s most vociferous defenders hail from Guatemala’s extreme left, which eschews equality under the law and representative democracy. CICIG’s rogue justice has come to the attention of Sen. Roger Wicker (R., Miss.), chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission. He has scheduled a hearing April 27 to review CICIG’s role in the Guatemalan prosecution and extralegal conviction of a Russian family on the run from Vladimir Putin’s mafia. As I detailed in March 26 and April 19 Americas columns, Igor and Irina Bitkov, and their daughter Anastasia, fled persecution in Russia and became victims of a crime syndicate in Guatemala that was selling false identity documents. Yet Guatemala and CICIG tried the family alongside members of the crime ring that tricked them. They were convicted and given unusually harsh sentences. Guatemalan law and the U.N.’s Palermo Convention say that such migrants are victims, and a Guatemalan constitutional appeals court ruled that the Bitkovs committed no crime. CICIG and Guatemalan prosecutors ignored that ruling, went to a lower court and got a conviction. CICIG will not say why, or why it didn’t prosecute the law firm that solicited the fake documents given to the Bitkovs. Matías Ponce is “head of communications” for CICIG but there is no contact information for him or his office on the CICIG website. I managed to get his cellphone number from a third party and, after repeated tries, made contact with him. I requested his email and wrote to him so I could share with readers CICIG’s explanation of what appears to be abuse of power. He sent me a boilerplate response about CICIG’s work against criminal networks but no answers to my questions. It is unlikely CICIG will answer questions before the Helsinki Commission. Its co-chairman, Rep. Chris Smith (R., N.J.), invited CICIG to appear at a similar hearing he proposed for April 24 in the House Foreign Affairs subcommittee monitoring human rights and U.N. entities. CICIG declined the invitation. That hearing was not scheduled, though the office of Foreign Affairs Chairman Ed Royce (R., Calif.) told me it’s not dead. If CICIG refuses to cooperate with the Helsinki Commission, it will fuel the feeling among rule-of-law advocates that it has something to hide. CICIG says it is in Guatemala merely to “support” the attorney general in her work “identifying and dismantling” criminal networks and is not involved in politics. But an academic analysis of CICIG by Jonatán Lemus, a Francisco Marroquín University political science professor, suggests otherwise. Mr. Lemus observes that “CICIG has also been criticized for the very same reasons others have praised it: becoming a player in judicial appointments, proposing some controversial reforms to the Guatemalan constitution, and the use of televised conferences to shift the public in its favor. From this perspective, instead of strengthening Guatemalan institutions, the Commission is making national institutions dependent on its assistance.” This dependence drives CICIG deeper into politics. As Mr. Lemus notes, “once immersed in a polarized political system,” an international body designed like CICIG naturally “will face incentives to behave as any domestic bureaucracy trying to maximize its power and resources to ensure its survival.” Without an explanation for the bizarre Bitkov convictions, Guatemalans are left to speculate about CICIG’s motives. Incompetence is one possibility. But once the injustice was publicized and not corrected, that reasoning collapsed. A foreign businessman also makes an easy target for a politically correct prosecutor seeking approval from anticapitalist nongovernmental organizations. Kremlin “influence” cannot be ruled out. Nailing the Bitkovs was a priority for Russia because the family had refused to “donate” large sums to the Putin kitty in Kaliningrad. It would hardly be surprising to learn that Moscow leaned on prosecutors and judges to put the family behind bars. There’s no doubt that something fishy went on, and CICIG prosecutor Iván Velásquez’s unwillingness to address it is troubling. The truth matters for the family, for Guatemala and for the U.S.

  • Use Magnitsky Act to Fight Russian Thuggery

    In “Kremlin Revenge in Guatemala” (Americas, March 26) Mary Anastasia O’Grady rightly draws attention to the determination of Vladimir Putin’s cronies to hurt those who defy their corruption. The yearslong ordeal of the Bitkov family—their harassment, persecution and ultimate imprisonment in a Guatemalan jail after fleeing Russia—is astonishing because of its cruelty. However, the story also reveals a much larger truth about the global web of complicity that the Kremlin will weave to suppress the rule of law and human rights outside its own borders. As chairman and former chairman of the U.S. Helsinki Commission, which works to advance international human rights, we are encouraged by the release of the first-ever sanctions list under the Global Magnitsky Act late last year. We ask that the administration put those responsible for the harm done to the Bitkovs on this list. These individuals should be held accountable for the flagrant torture and oppression they have inflicted upon this family, once at the helm of a thriving paper-mill company and now unjustly sentenced to years in a Guatemalan jail. Russia’s message of intimidation to the Bitkovs is a familiar one. We’ve seen before what the kleptocracy will do to those who challenge its crimes. We know the stories of Mikhail Khodorkovsky and Sergei Magnitsky. In 2012, we championed the Magnitsky Act for the wrongful punishment and death of Magnitsky, who uncovered massive fraud at the hands of Russian authorities. Under the law, those who were complicit in his death would have their U.S. assets frozen and any travel to the U.S. denied. The Global Magnitsky Act, passed four years later, broadens America’s response to human-rights offenders around the world. We have refused to respond to these stories with silence, and we cannot tolerate impunity now. Sen. Roger Wicker (R., Miss.) Sen. Ben Cardin (D., Md.)

  • The Opioid Crisis and the Dark Web

    The opioid crisis is devastating the health and well-being of Americans. Following a dramatic increase in the use of prescription opioid painkillers in the late 1990s, the crisis now kills more than 40,000 people in the United States annually. Experts estimate that millions more abuse prescription opioids each year, many of whom later turn to heroin. Transnational criminal organizations are one of the driving forces behind the intensity of the opioid crisis. By taking advantage of anonymous online marketplaces and legal delivery services, they can smuggle deadly drugs like fentanyl into the United States in a low-risk, high-reward way. This briefing traced the criminal networks that produce these drugs, market them on the dark web, and smuggle them into the United States to better understand how the public and private sectors can more effectively respond to this crisis and save thousands of American lives.

  • Transnational Criminal Organizations and the Opioid Crisis to Be Examined at Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: THE OPIOID CRISIS AND THE DARK WEB: HOW TRANSNATIONAL CRIMINALS DEVASTATE U.S. COMMUNITIES Wednesday, March 28, 2018 3:30 p.m. Russell Senate Office Building Room 485 Live Webcast: www.facebook.com/HelsinkiCommission The opioid crisis is devastating the health and well-being of Americans. Following a dramatic increase in the use of prescription opioid painkillers in the late 1990s, the crisis now kills more than 40,000 people in the United States annually. Experts estimate that millions more abuse prescription opioids each year, many of whom later turn to heroin. Transnational criminal organizations are one of the driving forces behind the intensity of the opioid crisis. By taking advantage of anonymous online marketplaces and legal delivery services, they can smuggle deadly drugs like fentanyl into the United States in a low-risk, high-reward way. This briefing will trace the criminal networks that produce these drugs, market them on the dark web, and smuggle them into the United States to better understand how the public and private sectors can more effectively respond to this crisis and save thousands of American lives. The following panelists are scheduled to participate: Kemp Chester, Associate Director of the National Heroin Coordination Group, Office of National Drug Control Policy John Clark, Vice President and Chief Security Officer, Global Security, Pfizer Inc. Louise Shelley, Director, Terrorism, Transnational Crime, and Corruption Center (TraCCC); Professor, George Mason University

  • Could U.S. Law Help Punish Russians for Doping Scheme?

    WASHINGTON — In recent months, the United States has punished the following people for alleged human rights violations and corruption: A former Gambian president who led terror and assassination squads. A Chechen leader involved in torture, kidnapping and murder. A Pakistani man at the center of a human-organ trafficking network. And a former Russian sports minister who was implicated in a nation’s systematic doping scheme that tainted several Olympics and other international competitions? Well, not the last person — at least not yet. The United States Anti-Doping Agency is exploring the use of government sanctions to punish Russian officials involved in the state-supported doping program that turned the 2014 Sochi Games into a sham. On Tuesday, Travis Tygart, the chief executive of the agency, attended a workshop here sponsored by the U.S. Helsinki Commission to see if the Global Magnitsky Act, a 2016 law that allows the sanctions, could apply to the Russians. The law calls for individuals who have committed human rights violations or significant corruption to be barred from obtaining United States visas and blocked from using the American financial system, which effectively blacklists them from doing business with major world banks. Powerful, wealthy people don’t like to have their assets frozen. “What happened in Sochi was the worst case of corruption that we’ve ever seen in sport, so why shouldn’t the act apply to us?” Tygart said. “We have to look down every avenue if we’re working for clean athletes, particularly in light of the I.O.C.’s failure do anything.” Tygart said American athletes have been demanding that the antidoping agency find ways to better protect clean athletes in the future so the Russian doping debacle is never repeated. The International Olympic Committee punished Russia, sort of, for its widespread doping. It barred the Russian Olympic Committee, the Russian flag and the Russian national anthem from last month’s Pyeongchang Games, while letting some Russian athletes compete under a neutral flag. It also barred for life one top Russian official: Vitaly Mutko. (He was implicated in the doping program as the Russian sports minister. After the scheme was exposed, he was promoted to deputy prime minister.) Three days after the Pyeongchang Games ended, the I.O.C. reinstated Russia’s Olympic committee — even though two Russian athletes had failed drug tests during the competition. So the United States antidoping group is looking for additional ways to punish the Russians. The Global Magnitsky Act is in its infancy and the sports angle might be a long-shot, but why not try? Besides, the United States government often has to do the dirty work for sports leagues and federations that refuse to police themselves. To take down the principles and athletes involved in the Bay Area Laboratory Co-Operative steroids scandal that ensnared athletes like Barry Bonds and Marion Jones, law enforcement made arrests and prosecutors took it from there. To address the widespread doping problem in Major League Baseball, Congress had to drag players and management in to testify. To uncover corruption in FIFA, United States prosecutors took the lead and indicted more than two dozen officials and businessmen from all over the world — much to the dismay of soccer’s global establishment. And now it could be the Global Magnitsky Act that delivers a staggering blow to the Russians for corrupting the results of major global sports competitions — including, but certainly not limited to, the Olympics. Among the people who could be targeted for sanctions are Mutko; Yuri D. Nagornykh, the former deputy sports minister; Irina Rodionova, the former deputy director of the Center for Sports Preparation; and others mentioned in an affidavit by Dr. Grigory Rodchenkov, Russia’s former longtime antidoping laboratory chief who blew the whistle on the whole operation. Does such sports corruption rise to the level covered by the law? William F. Browder thinks so. He’s a prominent investor who worked with Congress on the original Magnitsky Act, which was passed in 2012 in response to the death of Browder’s Russian lawyer, Sergei L. Magnitsky. The lawyer had uncovered a $230 million tax-theft scheme before he was arrested and died in prison. “There’s one important issue and that’s the doping scandal at the Sochi Games led to what I believe were murders,” Browder said, referring to two officials from Russia’s antidoping agency who died within two weeks of each other in 2016. “There were a number of people involved who died very suspiciously who were most likely liquidated to cover up a crime.” He added: “There were people who effectively ruined institution of sport and have committed crimes to do so. That would reach the standard of Global Magnitsky, in my opinion. These people involved in sports doping, they’re shameless. So there needs to be really hard consequences. They need to pay a very dear price.” That price would be losing access to their money and the freedom to move about the world. And they would be on a list with some of the world’s worst criminals. “If the Olympic Games are unquestionably tainted, that has huge economic ramifications for not just U.S. athletes, but for U.S. industry, and the U.S. government has an interest in making sure that doesn’t happen,” said Robert G. Berschinski, senior vice president for policy at Human Rights First and a former deputy assistant secretary of state. I asked him if he thought the individuals involved in the Russian doping case could be sanctioned under the law. “Without getting into specifics,” he said, “it seems that you can make a case.” Tygart thinks so, too. He left the workshop on Tuesday thinking that sanctions were a last resort but “a viable option.” Is it truly a viable option, and will the antidoping agency act on it? A certain group of Russians might not be eager to learn the answers.

  • How to Get Human Rights Abusers and Kleptocrats Sanctioned under the Global Magnitsky Act

    The workshop provided human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act. Sanctions experts described, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also discussed the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists shared investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates.

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