Title

Helsinki Commission to Hold Hearing on Missing Persons in Southeast Europe

Wednesday, July 30, 2003

The Story from the Families

WASHINGTON - The United States Helsinki Commission will hold a hearing with individuals who lost relatives in Kosovo, Bosnia-Herzegovina and Croatia during the decade of conflicts associated with the former Yugoslavia’s disintegration.

Missing Persons in Southeast Europe

Friday, August 1, 2003
9:15 AM to 10:30 AM
334 Cannon House Office Building

 

Testifying:

Olgica Bozanic, Member of the Presidency, Association of Family Members of Missing and Kidnaped Individuals, Belgrade, Serbia

Verica Tomanovic, Member of the Presidency, Association of Family Members of Missing and Kidnaped Individuals, Belgrade, Serbia

Cedomir Maric, President of the Association of Families of Missing Persons from Krajina, Belgrade, Serbia

Gordana Jaksic, Member of the Board of Directors, Association of Parents and Families of the Arrested, Captured and Missing, Novi Sad, Serbia

According to the International Commission on Missing Persons, as many as 40,000 persons are missing as a result of a decade of deadly conflict in the former Yugoslavia beginning in 1991. Mass graves continue to be uncovered, while people still seek information from government offices on lost relatives. In some cases, efforts to find the truth about the unknown fate of loved ones have brought together individuals representing different ethnic groups.

On this, the 28th anniversary of the signing of the Helsinki Final Act, the Helsinki Commission will hold a hearing on one aspect of this issue, the views of Serbs who themselves lost relatives in Kosovo, Bosnia-Herzegovina and Croatia. The panelists also represent organizations consisting of hundreds of families sharing the same tragedy and grief.

Media contact: 
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
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  • Chairman Wicker, Ranking Member Cardin on Anniversary of Death of Joseph Stone in Ukraine

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  • 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.

  • The Good Friday Agreement at 20

    From 1969-1999, political violence shook Northern Ireland in a time known as “The Troubles,” and by its end, nearly 3,500 people died. Through negotiations between the Governments of Ireland and the United Kingdom, as well as with political parties from Northern Ireland, an agreement was reached, bringing an end to hostilities. On April 10, 1998, their settlement was signed, and is remembered as the Good Friday Agreement. As the United States celebrates twenty years of compliance of this landmark agreement, the anniversary also brings a moment of honest reflection. Full implementation of this agreement has been challenging and certain aspects remain unfulfilled. There are still concerns regarding devolved government, police reforms and accountability for past abuses. The hearing, held on March 22, 2018, was convened in order to commend the achievements of the Agreement and to bring to light aspects of the Agreement that have not been fully implemented, including state collusion in the crimes of paramilitaries. It featured testimony from Brian Gormally, Director of the Committee on the Administration of Justice; Judge James F. McKay III, President of Ancient Order of Hibernians; and Mark Thompson, Director of Relatives for Justice. Congressman Chris Smith opened by informing the witnesses and guests of the Hearing of a resolution he introduced in the House, H. Res. 777, calling for a recommittal of the United States, the British, and all parties—including the Republic of Ireland—to the peace process Ranking Member Senator Ben Cardin expressed his ongoing support of the spirit embodied by the Agreement, saying that, it represented “the best of the Helsinki principles” and urged the maintenance of its terms through Brexit negotiations. Representative Brenan Boyle, condemned remarks from London that suggested the Good Friday Agreement wasn’t meant to be permanent. Boyle reaffirmed American support and claimed, “That there is absolutely zero support in Washington, D.C. for going back to the days of pre-Good Friday Agreement.” Brian Gormally, the first witness to testify, outlined what he and his organization consider the main area of ongoing human rights violations, though it is not addressed fully by the Agreement. Impunity for past crimes, Gormally said, has left victims dying “without seeing justice, or even serious attempts to achieve it.” Such nonchalance by the British government and security forces have undermined society, threatened the peace process and erode faith in the rule of law. The second witness to testify, Judge James McKay, reminded the Commissioners of the close relationship between the United States and Ireland, and thus, why the United States is such a strong and vocal stakeholder in the Agreement’s continuance. He stated that the AOH understands the importance that the issue of identity weighs on individuals, and that understanding leads them to believe the best way of mitigating identity and legacy issues is through a special, third party envoy. The final speaker, Mark Thompson, was then yielded the floor. He emphasized how much international forums such as this one resonated with the families and communities affected by this conflict, as well as non-government organizations seeking the promotion and protection of human rights. Congressman Smith then returned to the issue of developing a special envoy. Judge McKay and Mr. Thompson were in agreement that such an envoy would be a much-needed impetus to “move things forward,” as Mr. Thompson said. The hearing gave considerations regarding the case of Pat Finucane. Judge McKay remarked upon the two standards held by London and Belfast. “I’m sure if Pat Finucane were murdered on the streets of London in the same manner,” he said, “this would have been headlines and inquiries going on within three or four months.” In closing, Judge McKay offered his thanks to Congressman Smith for the drafting and introduction of House Resolution 777, and offered the assistance of his organization to back its passing. Mr. Thompson concluded that with Brexit on the horizon, “it would be timely to have a U.S. intervention.” Mr. Gormally emphasized that “the guiding principle before and since the Good Friday Agreement is to implement human rights standards.”

  • Helsinki Commission Co-Chairman Smith Introduces Resolution Marking 20th Anniversary of Good Friday Agreement

    WASHINGTON—Ahead of the 20th anniversary of the Good Friday Agreement on April 10, Helsinki Commission Co-Chair Rep. Chris Smith (NJ-04) and a bipartisan group of members from the Ad Hoc Committee on Irish Affairs have introduced a resolution to reaffirm U.S. Congressional support for the agreement and expressed concern about the failure to adequately implement certain aspects of it. “The Good Friday Agreement brought peace to Northern Ireland, a tremendous achievement,” said Rep. Smith. “Yet aspects of the agreement that require accountability for past abuses have been only partially implemented. The British government admits to collusion in paramilitary murders, but in many case has refused to bring to justice state agents guilty of grave crimes—a violation of the agreement and basic international human rights law.” Smith’s resolution, H.Res.777, commends the Good Friday Agreement, calling it “a blueprint for sustainable peace in Northern Ireland.” The resolution also notes that certain aspects of the agreement remain unfulfilled, including those related to devolved government, police reforms, and accountability for past abuses. It also calls on the British Government to establish a full, independent, and public judicial inquiry into the 1989 murder of human rights lawyer Patrick Finucane, and urges the U.S. Secretary of State to appoint a Special Envoy for Northern Ireland. Rep. Eliot Engel (NY-16), the lead Democrat cosponsor of the resolution, said, “For 20 years, the Good Friday Agreement has been the backbone of the northern Irish political process. It provided a path forward for the two communities to live together and govern this long-disputed land in peace. It also helped clear the way for dealing with the challenges that remain: reconciliation, an honest reckoning of what took place, and justice for those who have yet to see it. This resolution rightfully recommits us to the values and principles underlying the Good Friday Agreement and commemorates the Agreement’s first 20 years.” Rep. Richard Neal (MA-01), Chair of the Friends of Ireland, said: “As we recognize the 20th anniversary of the Good Friday Agreement this year, the United States must continue to play a meaningful role on the island of Ireland in order to ensure that all aspects of that landmark peace accord are implemented in full. I believe this timely resolution expresses those concerns clearly and in great detail.” “It’s important that we mark this anniversary,” said Smith. “The Good Friday Agreement is as relevant now as ever, given the uncertainties that Brexit has created. And many Americans played key roles in facilitating the Good Friday Agreement, and in promoting its implementation. We still have a role to play in urging reconciliation through truth and justice.” H. Res. 777 was introduced with Reps. Eliot Engel, Joe Crowley (NY-14), Richard Neal, and James McGovern (MA-02) as original cosponsors. Reps. Smith, Engel, and Crowley are Co-Chairs of the Ad Hoc Committee on Irish Affairs, and Rep. Neal is Chair of the Friends of Ireland—both are Congressional caucuses concerned with supporting justice and human rights in Ireland and Northern Ireland. Between 1969 and 1999, during a period known as “The Troubles,” almost 3,500 people died as a result of political violence in Northern Ireland. On April 10, 1998, the two Governments of Ireland and the United Kingdom—along with Northern Ireland political parties participating in peace talks, reached a political settlement and signed the Good Friday Agreement. However, full implementation of the agreement has been challenging. Rep. Smith has chaired 16 congressional hearings on the Northern Ireland justice and peace process, many of them focusing on issues of police reform and government collusion in the crimes of paramilitary organizations. Four of Rep. Smith’s bills and resolutions have been passed addressing the British government’s role in the murder of human rights lawyer Patrick Finucane, most recently H. Con. Res. 20 (110th Congress, 2007).

  • 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.

  • Helsinki Commission Workshop to Explain Global Magnitsky Sanctions Process

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced a workshop to provide 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. HOW TO GET HUMAN RIGHTS ABUSERS AND KLEPTOCRATS SANCTIONED UNDER THE GLOBAL MAGNITSKY ACT Tuesday, March 13, 2018 3:00 p.m. Capitol Visitor Center Room SVC 212-10 Live Webcast: www.facebook.com/HelsinkiCommission Sanctions experts will describe, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also will discuss the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists will share investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates. Panelists include: Rob Berschinski, Senior Vice President, Human Rights First; former Deputy Assistant Secretary of State Brad Brooks-Rubin, Managing Director, The Sentry; formerly with the Departments of State and Treasury Bill Browder, Founder and Director, Global Magnitsky Justice Campaign Mark Dubowitz, CEO, Foundation for Defense of Democracies Adam Smith, Partner, Gibson, Dunn & Crutcher; formerly with the National Security Council and Department of Treasury Josh White, Director of Policy and Analysis, The Sentry; formerly with the Department of Treasury The Global Magnitsky Act is a powerful new tool for deterring human rights violations and fighting corruption. Presence on this list freezes any U.S. assets an individual may hold, blocks future transactions within the U.S. financial system, and bans any travel to the United States. By sanctioning individuals who engage in the worst abuses of power, the United States hardens its own system to external abuse while extending moral support and solidarity to those whose fundamental freedoms are curtailed or denied.

  • Helsinki Commission Workshop to Explain Global Magnitsky Sanctions Process

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced a workshop to provide 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. HOW TO GET HUMAN RIGHTS ABUSERS AND KLEPTOCRATS SANCTIONED UNDER THE GLOBAL MAGNITSKY ACT Tuesday, March 13, 2018 3:00 p.m. Capitol Visitor Center Room SVC 212-10 Live Webcast: www.facebook.com/HelsinkiCommission Sanctions experts will describe, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also will discuss the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists will share investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates. Panelists include: Rob Berschinski, Senior Vice President, Human Rights First; former Deputy Assistant Secretary of State Brad Brooks-Rubin, Managing Director, The Sentry; formerly with the Departments of State and Treasury Bill Browder, Founder and Director, Global Magnitsky Justice Campaign Mark Dubowitz, CEO, Foundation for Defense of Democracies Adam Smith, Partner, Gibson, Dunn & Crutcher; formerly with the National Security Council and Department of Treasury Josh White, Director of Policy and Analysis, The Sentry; formerly with the Department of Treasury The Global Magnitsky Act is a powerful new tool for deterring human rights violations and fighting corruption. Presence on this list freezes any U.S. assets an individual may hold, blocks future transactions within the U.S. financial system, and bans any travel to the United States. By sanctioning individuals who engage in the worst abuses of power, the United States hardens its own system to external abuse while extending moral support and solidarity to those whose fundamental freedoms are curtailed or denied.

  • Chairman Wicker Urges Bosnia to Curb Corruption

    WASHINGTON—Helsinki Commission Chairman Senator Roger Wicker (MS) issued the following statement regarding an Organization for Security and Cooperation in Europe report on the failure of Bosnia’s court system to tackle corruption in the country: “I am hopeful that Bosnian officials at all levels of government will take the findings of this report to heart. Curbing corruption needs to be a top priority for Bosnia if it hopes to pursue European integration.” Chairman Wicker had previously warned of worsening corruption in Bosnia in a February 4, 2016, interview with RFE/RL. In that interview, he said that he was “troubled that responsible political authorities in Sarajevo tolerate the subversion of the rule of law by entrenched local interests.”

  • Screening and Discussion: "And We Were Germans"

    To celebrate Black History Month, the Helsinki Commission screened “And We Were Germans: The Life of Hans-Jürgen Massaquoi and Ralph Giordano.” The 30-minute film chronicles the journey of Hans-Jürgen Massaquoi, an Afro-German survivor of the Holocaust who emigrated to the United States and became the editor of Ebony magazine, one of the first monthly publications for African-Americans.  The film connects the experience of Afro-German and Jewish-German survivors of the Holocaust by recounting Massaquoi’s experience in Germany, including his relationship with Ralph Giordano, a lifelong Jewish friend. To introduce the film, Dr. Mischa Thompson of the Helsinki Commission spoke about the Commission’s focus on diverse and vulnerable populations from Roma and Jewish populations to national minorities and migrants in Europe and the United States since its inception. She also discussed Commissioner’s work on the situation of People of African Descent in Europe or Black Europeans, including hearings and legislation in the U.S. Congress and resolutions and events in the OSCE Parliamentary Assembly and OSCE.  The film was followed by a conversation with director John A. Kantara about the film and current situation of people of African descent in Germany and across Europe. Kantara discussed his motivation for making the film and what he considered to be the most moving parts of the process. He found inspiration after traveling with young Afro-Germans to Chicago and attending a cultural exchange with African-Americans where he met Hans Massaquoi. He was concerned that Black German history was not widely taught in schools, nor was there a strong awareness of the Afro-German population’s history from Germany's colonization of Namibia, Burundi, and Tanzania to the children of African-American soldiers stationed in Germany. Kantara made the film with the hope that he could change the lack of education regarding black history in Germany. Kantara also elaborated on what moved him during the filmmaking process, noting the importance of African-American struggles during the U.S. civil rights movement to Afro-Germans. He indicated that trying to organize people who have been affected by discrimination and racism is an important task, and was his primary aim throughout the filmmaking process. Kantara also offered his thoughts on the new release Black Panther, noting the large turnout in Berlin and special initiatives to screen the film for Afro-German youth. Kantara revealed that it was remarkable to see young black Germans relate to the movie, and identifying with the people and plot of the film.

  • Foreign Meddling in the Western Balkans

    Malign outside influence in the Western Balkans, in particular by Russia, is of increasing concern. The lack of a strong legal framework makes countries in the region especially vulnerable to foreign capital that can be used to sow instability, undermine integration, and delay democratic development. In the past decade, Russia has exponentially increased its economic investment in Balkan countries.  Without adequate governance and transparency, so-called “corrosive capital” will wield its financial power to distort policy making, lessen the European focus of the countries concerned, and potentially cause instability in the region. The Center for International Private Enterprise (CIPE) has worked with local private and civil society partners to analyze the economic governance gaps that allow “corrosive capital” to gain a foothold in Bosnia and Herzegovina, Macedonia, Montenegro, and Serbia. According to panelists, Russia’s economic footprint is most obvious in key strategic sectors, including real estate, banking, energy, and mining.  Russian foreign direct investment stock is close to 30 percent of Montenegro’s GDP and it exerts both direct and indirect control of approximately 10 percent of the economy of Serbia. The dependency of Balkan countries on Russian imports and financial loans is also a prevalent form of indirect power. As a result, when Montenegro joined NATO in 2017, the Russian Foreign Minister announced that Montenegro had sacrificed its economic relations with Russia. Russia further sanctioned Montenegro by discouraging travel to the country by Russian tourists, characterizing it as a dangerous place.  Although the anti-NATO campaign has not succeeded, it did indicate Russian intentions as well as local vulnerability to outside influence.  The economic presence of outside actors other than Russia was also discussed.  In general, the panelists emphasized the need to diversify foreign direct investment and reduce reliance on capital from non-democratic countries. Transparency in foreign investment and a depoliticization of corporate governance is also necessary. A free, independent and diverse media also will help ensure greater accountability in both the political and economic sectors. Helsinki Commission activity regarding the Western Balkans reflects ongoing concern for the countries of the region. With several Balkan states on the cusp of NATO and EU membership, it is particularly important for these countries to strive for greater democratic development and economic prosperity. The United States has played a significant role in the region, providing political, economic and military support.  If not seen through to completion of NATO or EU membership as desired, these states face the continued risk of backsliding.

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