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Helsinki Commission Leaders Mark 10th Anniversary of Death of Sergei Magnitsky

Friday, November 15, 2019

WASHINGTON—Ahead of the ten-year anniversary of Sergei Magnitsky’s death on November 16, Helsinki Commission leaders issued the following statements:

“Sergei Magnitsky was a fearless truth-teller who wanted to make his country a better place,” said Chairman Rep. Alcee L. Hastings (FL-20). “Unfortunately, his brave actions were rewarded not with accolades from the Russian Government, but with vicious abuse and death in a cold jail cell. Not much has changed in today’s Russia. We must honor his legacy by continuing to stand up for those who are voiceless and defend human rights at home and abroad.”

“The recent ruling against Russia in the European Court of Human Rights is an important vindication for the Magnitsky family, but real justice remains elusive,” said Co-Chairman Sen. Roger Wicker (MS). “Russian authorities still have made no effort to punish those involved in Sergei Magnitsky’s detention and abuse. America has not forgotten Sergei Magnitsky—his legacy continues to inspire people around the world to hold fast to the truth in the face of intimidation and violence by authoritarian regimes.”

“Vladimir Putin’s Russia is a perilous place for those who dare to challenge the authorities. No one knew that truth more than Sergei Magnitsky,” said Ranking Member Rep. Joe Wilson (SC-02).  “Ten years on, his death reminds us that defending human rights is vital to promoting democracy. I honor Sergei Magnitsky’s memory and hopefully await the dawning of a new age in Russia in which Sergei will be acknowledged as a hero instead of vilified and falsely accused.”

“Sergei Magnitsky’s faithfulness to the truth cost him his life. His legacy spurred a quest for justice in Russia and around the world,” said Ranking Member Sen. Ben Cardin (MD). “The Sergei Magnitsky and Global Magnitsky Acts make clear to all that the United States stands with those whose rights and basic freedoms are repressed. It should never be U.S. policy to normalize the behavior of human rights abusers and despots. Human rights cannot and should not be open to compromise; it must be a cornerstone of our foreign policy agenda. A decade after his death, we both mourn Sergei Magnitsky and remember his courage. Through his actions, he taught us that we are all capable of rising to the challenge and standing up for justice.”

In 2008, Sergei Magnitsky, who advised Hermitage Capital Management in a dispute over alleged tax evasion in Russia, discovered a $230 million fraud being committed by Russian law enforcement officers assigned to the case.

Magnitsky reported the fraud to the authorities and was arrested soon after by the same officers he had accused. For almost a year, Magnitsky was held in squalid prison conditions, denied visits from his family, and beaten by guards. Despite developing serious cases of gallstones, pancreatitis, and cholecystitis, he was denied medical attention. On November 16, 2009, Sergei Magnitsky was beaten to death in his cell. He had been imprisoned for 358 days, just seven days short of the maximum legal pre-trial detention period in Russia.

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  • The Putin Path: Are Human Rights in Retreat?

    Mr. Speaker, two days ago, the Commission on Security and Cooperation in Europe , which I am honored to chairman, held a hearing entitled “The Putin Path: Are Human Rights in Retreat?” I was pleased to be joined on the dais by my colleagues on the Commission, Co-Chairman Senator Ben Nighthorse Campbell, Senator Tim Hutchinson, Ranking House Member Representative Steny Hoyer, and Representative Matt Salmon. As part of the hearing, the Commission had also planned to feature a video-conference with Moscow-based Radio Liberty journalist Andrei Babitsky. As Members are aware, Mr. Babitsky was arrested by Russian authorities for allegedly `participating in an armed formation,' as a result of his reporting from besieged Grozny last year. Subsequently, as a civilian, Babitsky was 'exchanged' to Chechen forces in return for certain captured Russian military personnel, and is not permitted to leave Moscow. Unfortunately, technical problems precluded the possibility of the videoconference, but Mr. Babitsky provided a written statement for the hearing record. Mr. Babitsky was recently awarded the OSCE Parliamentary Assembly's prize for journalism, and as head of the U.S. Delegation to the OSCE PA, I hope that he will be able to attend the award ceremony at the Assembly's annual meeting in Bucharest this July. Tuesday's hearing was one of a series of hearings the Commission has held to examine human rights issues in the States of the Organization for Security and Cooperation in Europe . The mandate of the Commission is to monitor and encourage compliance with the provisions of the Helsinki Accords and successive documents of the OSCE. As I have noted on previous occasions, Russia is no longer the dictatorial, closed society that it was during the Soviet period, and certainly there are countries around the world where human rights are in much more perilous straits. I have yet to hear of a working church in Russia being destroyed by bulldozers and wrecking cranes, as was the case last November in Turkmenistan. And we know that in China religious believers of many faiths are thrown in jail for simply desiring to worship without government interference. Indeed, under the administration of President Yeltsin, human rights activists were able to achieve significant gains in making respect for human rights, if not a standard, at least a consideration in public policy. There is growing concern, however, that Russia's development in the area of human rights is taking a turn for the worse under recently-elected President Vladimir Putin. The testimony of Igor Malashenko, First Deputy Chairman of the Board of Directors of Media-Most and President of NTV, summarized how their offices were the target of the infamous raid by government agents on May 11. Mr. Malashenko described how the agents carted away documents, tapes, computer discs and equipment, and subsequently issued `contradictory and unsatisfactory justifications' for this raid. Moreover, he provided extensive information on several other less-publicized examples of violence and intimidation toward media outlets and journalists throughout Russia. General William Odom, former director of the National Security Agency, and a man of exceptional expertise in things Soviet and Russian, noted that Russia is a `weak state' and suffers from a lack of institutions capable of providing the level of civil society and economic development that we had hoped would follow after the collapse of the Soviet Union. General Odom also suggested that the United States should not treat Russia as a major power, or think that much of Russia's internal problems can be solved by 'ventriloquism' from the West. Professor Georgi Derluguian of Northwestern University asserted that President Putin is the product of the KGB network that survived the collapse of the Soviet Union. In order to seek a distraction from the Chechen quagmire, suggested Professor Derluguian, Putin will most likely launch a massive anti-crime campaign. I would note that when Yuri Andropov and his KGB began to assume power in the twilight of the Brezhnev regime, part of the crackdown on political dissent at that time was under the guise of cracking down on corruption. Ms. Rachel Denber, Deputy Director for Europe and Central Asia at Human Rights Watch, testified that in Grozny, “the graffiti on the walls reads 'Welcome to Hell Part Two.' The bombing campaign has turned many parts of Chechnya into a wasteland even the most experienced war reporters that we have spoken to have told us they have never seen anything in their careers like the destruction of the capital Grozny.” Ms. Denber also described summary executions of civilians, including the death of three generations of one family shot to death in the yard of their own home. One of the brighter aspects of civil society under President Yeltsin was the expansion of NGO activity. However, Professor Sarah Mendelson of the Fletcher School of Diplomacy and Law at Tufts University noted that there is in Russia today “an atmosphere that is hostile to civil rights activists, and in fact, anyone with opinions that differ from the Kremlin's.” While “the treatment of Andrei Babitsky in January and February was shocking and disturbing, and the FSB raid on MediaMost in May was brazen,” she testified, this is “part of a larger pattern of harassment that has grown steadily worse over the last year and a half.” In this connection, I would like to point out another proposal made by Professor Mendelson in her testimony. She suggested that President Clinton, while in Moscow next month at the Summit with President Putin, should meet with activists who are promoting human rights and democracy in Russia today. This gesture, she notes, “would send a signal not only to those in Russia who care about democracy but to those in Russia who do not.” I believe this idea is right on target. In fact, Mr. Hoyer and I have written to the President noting that this year is the twenty-fifth anniversary of the signing of the Helsinki Accords. We have encouraged the President to meet with the surviving veterans of the Soviet-era human rights struggle, and with their contemporary colleagues, in both Moscow and in Kyiv, where the President plans to meet with President Kuchma following his Moscow visit. I hope that President Clinton will take this advice, as I believe such a gesture would give new impetus to the struggle for human rights and democracy in two pivotal nations of the international community. In closing, I would call attention to a resolution to be introduced by our colleague Mr. Lantos and House International Affairs Committee Chairman Ben Gilman, regarding the issue of free media in Russia. I am pleased to join as an original cosponsor of this resolution, which among other provisions, calls upon the President, the Secretary of State, and other officials and agencies of the United States Government to emphasize to Russian government officials our concern and preoccupation that official pressures against the independent media are incompatible with democratic norms. I am pleased to co-sponsor this resolution, I hope my colleagues will join us, and I hope that President Clinton will heed this call when he meets with President Putin in Moscow next month.  

  • The Putin Path: Are Human Rights in Retreat?

    This hearing, held on the eve of President Clinton’s first summit meeting with Russia’s recently elected President, Vladimir Putin, provided a timely opportunity to assess bilateral relations between the United States and the Russian Federation, as well as domestic developments. Russia has multi-candidate presidential elections, with viable candidates, unlike the Central Asian states where presidents do not tolerate serious challengers. Nevertheless, this hearing examined how reliable are multi-candidate elections as a gauge of democratic development when the media is intimidated by government pressure and raids.

  • Report on the Presidential Election in Georgia

    On April 9, 2000, Georgia held a presidential election. According to the Central Election Commission, turnout was almost 76 percent. Incumbent President Eduard Shevardnadze won reelection with about 80 percent of the vote. Former Communist Party boss Jumber Patiashvili came in second, with 16.6 percent. The other candidates on the ballot were largely irrelevant. Though Shevardnadze’s victory was anticipated, it remained unclear until election eve whom he would defeat. Batumi Alliance leader Aslan Abashidze, boss of the Autonomous Republic of Ajaria, had announced last year plans to mount a presidential race, but many expected him to drop out, as he had no real chance of winning. By threatening a boycott, Abashidze won concessions from the CUG on the election law, but his overall strategy collapsed when his Batumi Alliance colleague, Jumber Patiashvili, announced plans to run against Shevardnadze no matter what. One day before the election, Abashidze withdrew, leaving Patiashvili as Shevardnadze’s only serious contender. The OSCE’s Office for Democratic Institutions and Human Rights election observation mission began its assessment by stating that “considerable progress is necessary for Georgia to fully meet its commitments as a participating state of the OSCE.” Among the problems in the election, ODIHR noted, inter alia, the authorities’ support for the incumbent, the failure of state media to provide balanced reportage, and the dominant role of the CUG in election commissions at all levels. While voting was generally conducted “calmly,” the “counting and tabulation procedures lacked uniformity and, at times, transparency.” The ODIHR also observed ballot stuffing and protocol tampering. Shevardnadze’s prospects for resolving the conflict in Abkhazia are bleak and he has little reason to expect help from Russia. Since the beginning of Russia’s latest campaign against Chechnya, Moscow has accused Tbilisi of allowing or abetting the transit of Chechen fighters through Georgian territory. These allegations also aim to pressure Georgia in negotiations about the withdrawal of Russia’s four military bases. High-level Russian political and military figures have made it plain that Moscow will try to retain the bases and will reassert its interests in the region to counter gains by Western countries, especially the United States. Tbilisi will need help from the United States in resisting a newly aggressive Moscow. Eduard Shevardnadze has long enjoyed good relations with Washington, which gratefully remembers his contribution as Soviet Foreign Minister to ending the Cold War peacefully. The United States has provided substantial assistance to Georgia and backed Shevardnadze morally as well. Presumably the congratulations tendered at the beginning of the State Department’s April 10 statement reflected appreciation for his past services, rather than acceptance at face value of the election’s results. President Clinton noted the election’s shortcomings in a post-election letter to Shevardnadze, reiterated Washington’s longstanding exhortation to attack corruption, and pressed him to implement urgent economic changes.

  • The Deterioration of Freedom of the Media in OSCE Countries

    The stated purpose of this hearing, presided over by Rep. Christopher Smith (NJ-04) was to draw attention to the deteriorating status of free speech and press throughout the OSCE region, raise alarm about this deterioration, and call upon OSCE participating states to recommit themselves to these freedoms. Such an impetus was drawn from how members of the press were mistreated in foreign countries. For example, 34 journalists were killed in the OSCE region in the year of 1999.

  • The Impact of Organized Crime and Corruption On Democratic and Economic Reform

    Commissioners Christopher Smith and Ben Nighthorse Campbell, along with others, discussed just how detrimental organized crime and corruption are on society. More specifically, organized crime negatively impact democracy’s expansion, the promotion of civil society, and security in the OSCE region, as well as economic development, particularly in southeast Europe and Central Asia. This is relevant to the United States because it has a strategic interest in promoting democratic reform and stability in the former U.S.S.R. and Central Asia. Countries in this region assist U.S. businesses exploring market opportunities, and the U.S. provides a good bit of bilateral assistance to these countries. The Helsinki Commission has pressed for greater OSCE involvement in efforts to combat corruption.

  • Protection of Human Rights Advocates in Northern Ireland

    This hearing examined allegations of the involvement of security forces in intimidation and harassment of human rights advocates in Northern Ireland. The hearing focused on the unsolved murders of two Belfast defense attorneys, Rosemary Nelson, and Patrick Finucane, killed in 1999 and 1989. Commissioner Harold Hongju Koh, Assistant Secretary of State for Democracy, Human Rights, and Labor, expressed the State Department’s concern with that there was not sufficient protection of lawyers, the rule of law, and human rights in Northern Ireland.  Commissioner Smith noted that “Defense attorneys are the ‘Helsinki Commissioners’ of Northern Ireland. The OSCE can be a valuable forum in which to provide cover for these human rights advocates. The United States and United Kingdom are quick to criticize emerging democracies that fail to abide by the rule of law and due process. The best way to lead in these matters is by example.”

  • The Ordeal of Andrei Babitsky

    Mr. Speaker, a small bit of good news has emerged from the tortured region of Chechnya, where the Russian military is killing, looting, and terrorizing the population under the guise of an “anti-terrorism operation.” Andrei Babitsky, the Radio Liberty correspondent who had disappeared in Chechnya in early February after Russian authorities had “exchanged” him to unknown persons in return for some Russian prisoners of war, has emerged in Dagestan and is now in Moscow recuperating from his ordeal. Mr. Babitsky's courageous reporting from the besieged city of Grozny had infuriated Russian military authorities, and he was arrested in mid-January and charged with “participating in an unlawful armed formation.” Prior to his release, Mr. Babitsky had spent time in the notorious Chernokozovo “filtration” camp where the Russian military has been detaining and torturing Chechens suspected of aiding the resistance. Following his arrival in Moscow, Mr. Babitsky provided a harrowing account of his incarceration at the Chernokozovo prison, and especially the savage treatment of his fellow prisoners. It is another graphic reminder that for all the fine words and denials coming out of Moscow, the Russian military has been conducting a brutal business that makes a mockery of the Geneva Conventions and the code of military conduct stipulated in the 1994 Budapest Document of the OSCE. Mr. Speaker, last month President Clinton stated that Russia's Acting President Putin is a man the United States “can do business with.” With this in mind, I would suggest for the Record excerpts from Mr. Babitsky's interview with an NTV reporter in Russia. If Mr. Putin is aware of the state of affairs at Chernokozovo and condoning it, I would submit that our business with Mr. Putin should be extremely limited. If he is not aware of the truth, then his authority over Russia is a chimera, and we might better deal with the real rulers of Russia. Babitsky's statement follows: [From Hero of the Day NTV Program, 7:40 p.m., Feb. 29, 2000] INTERVIEW WITH RADIO LIBERTY CORRESPONDENT ANDREI BABITSKY Babitsky: On the 16th I tried to leave the city of Grozny through the settlement of Staraya Sunzha, a suburb of Grozny which at the time was divided into two parts. One part was controlled by federal troops and the other by the Chechen home guard. I entered the territory controlled by the federals and it was there that I was recognized. I was identified as a journalist, I immediately presented my documents. All the subsequent claims that I was detained as a person who had to be identified are not quite clear to me. I had my passports with me, my accreditation card of a foreign correspondent. Then I was taken to Khankala. Not what journalists who had covered the first war regarded as Khankala, but to an open field. There was an encampment there consisting of trucks used as their office by army intelligence officers. Two of my cassettes that I had filmed in Grozny were taken from me. They contained unique frames. I think those were the last video pictures ever taken by anyone before Grozny was stormed. Those, again, were pictures of thousands of peaceful civilians many of whom, as we now know, were killed by federal artillery shells. I spent two nights in Khankala, in the so-called Avtozak, a truck converted into a prison cell. On the third day I was taken to what the Chechens call a filtration center, the preliminary detention center in Chernokozovo. I believe I am the only journalist of those who covered the first and the second Chechen wars who has seen a filtration center from the inside. I must say that all these horrors that we have heard from Chechens who had been there have been confirmed. Everything that we read about concentration camps of the Stalin period, all that we know about the German camps, all this is present there. The first three days that I spent there, that was the 18th, 19th and the 20th, beatings continued round the clock. I never thought that I would hear such a diversity of expressions of human pain. These were not just screams, these were screams of every possible tonality and depth, these were screams of most diverse pain. Different types of beatings cause a different reaction. Q. Are you saying that you got this treatment? A. No, that was the treatment meted out to others. I was fortunate, it was established at once that I am a journalist, true, nobody knew what type of journalist I was. Everybody there were surprised that a journalist happened to be there. In principle, the people there cannot be described as intellectuals. They decided that there was nothing special about this, that such things do happen in a war. As a journalist I was “registered”, as they say, only once. They have this procedure there. When a new detainee is being taken from his cell to the investigator he is made to crawl all the way under a rain of blows with rubber sticks. It hurts but one can survive it. This is a light treatment as compared with the tortures to which Chechens are subjected day and night, those who are suspected of collaborating with the illegal armed formations. There are also cases when some testimony is beaten out of detainees. Q. What is the prison population there? A. In my opinion ..... I was in cell No. 17 during the first three days. In that cell there were 13 inhabitants of the village Aberdykel (sp.--FNS). Most of them were young. Judging by their stories, I am not an investigator and I could not collect a sufficiently full database, but in such an atmosphere one very rarely doubts the veracity of what you are told. Mostly these were young men who had nothing to do with the war. They were really common folk. They were treating everything happening around them as a calamity but they were not taking any sides. They were simply waiting for this calamity to pass either in this direction or that direction. Beatings as a method of getting testimony. This is something that, unfortunately, is very well known in Russian and not only Russian history and tradition. But I must say that apart from everything, in my opinion, in all this torture, as it seemed to me, a large part is due to sheer sadism. In other words, an absolutely unwarranted torturing of people. For instance, I heard ..... You know, you really can't see this because all this happens outside of your cell. But the type of screams leaves no doubt about what is happening. You know this painful reaction. For two hours a woman was tortured on the 20th or the 19th. She was tortured; I have no other word to explain what was happening. That was not hysteria. I am not a medic but I believe that we all know what hysteria is. There were screams indicting that a person was experiencing unbearable pain, and for a long period of time.

  • Belarus at the Crossroads

    The hearing will examine Belarus’ track record with respect to human rights and democracy. Recent elections have severely damaged the democratic development of Belarus as Alyaksandr Lukashenka remains in power, well beyond the legal term limit. The hearing will look at the processes the United States and the OSCE set in place to enable Belarus towards a more democratic regime.

  • Helsinki Commission Hearing on Kosovo's Displaced and Imprisoned

    Mr. Speaker, this week the Helsinki Commission held a hearing to review the current situation in Kosovo and the prospects for addressing outstanding human rights issues there. More specifically, the hearing focused on the more than 200,000 displaced of Kosovo, mostly Serb and Roma, as well as those Albanians, numbering at least 1,600 and perhaps much more, imprisoned in Serbia. Witnesses included Ambassador John Menzies, Deputy Special Advisor to the President and Secretary of State for Kosovo Implementation; Bill Frelick, Director for Policy at the U.S. Committee for Refugees; His Grace, Bishop Artemije of the Serbian Orthodox Church; Andrzej Mirga, an expert on Roma issues for the Project on Ethnic Relations and the Council of Europe; Susan Blaustein, a senior consultant at the International Crisis Group; and, finally, Ylber Bajraktari, a student from Kosovo. The situation for the displaced, Mr. Speaker, is truly horrible. In Serbia, most collective centers are grim, lacking privacy and adequate facilities. While most displaced Serbs have found private accommodations, they still confront a horrible economic situation worsened by the high degree of corruption, courtesy of the Milosevic regime. The squalor in which the Roma population from Kosovo lives is much worse, and they face the added burdens of discrimination, not only in Serbia but in Montenegro and Macedonia as well. There is little chance right now for any of them to go back to Kosovo, given the strength of Albanian extremists there. Indeed, since KFOR entered Kosovo eight months ago, it was asserted, more than 80 Orthodox Churches have been damaged or destroyed in Kosovo, more than 600 Serbs have been abducted and more than 400 Serbs have been killed. The situation for those Serbs and Roma remaining in Kosovo is precarious. Other groups, including Muslim Slavs, those who refused to serve in the Yugoslav military, and ethnic Albanians outside Kosovo, face severe problems as well, but their plights are too often overlooked. Meanwhile, the Milosevic regime continues to hold Albanians from Kosovo in Serbian prisons, in many cases without charges. While an agreement to release these individuals was left out of the agreement ending NATO's military campaign against Yugoslav and Serbian forces, with the Clinton Administration's acquiescence, by international law these people should have been released. At a minimum, the prisoners are mistreated; more accurately, many are tortured. Some prominent cases were highlighted: 24-year-old Albin Kurti, a former leader of the non-violent student movement; Flora Brovina, a prominent pediatrician and human rights activist; Ukshin Hoti, a Harvard graduate considered by some to be a possible future leader of Kosovo; and, Bardhyl Caushi, Dean of the School of Law, University of Pristina. Clearly, the resolution of these cases is critical to any real effort at reconciliation in Kosovo. This human suffering, Mr. Speaker, must not be allowed to continue. Action must be taken by the United States and the international community as a whole. Among the suggestions made, which I would like to share with my colleagues, are the following: First, get rid of Milosevic. Little if anything can be done in Kosovo or in the Balkans as a whole until there is democratic change in Serbia; Second, bring greater attention to the imprisoned Albanians in Serbia, and keep the pressure on the Milosevic regime to release them immediately and without condition; Third, rein in extremists on both sides, Albanian and Serb, in Kosovo with a more robust international presence, including the deployment of the additional international police as requested by the UN Administrator; Fourth, find alternative networks for improved distribution of assistance to the displaced in Serbia; Fifth, consider additional third-country settlement in the United States and elsewhere for those groups most vulnerable and unable to return to their homes, like the Roma and those who evaded military service as urged by NATO. Mr. Speaker, as Chairman of the Helsinki Commission, I intend to pursue some of these suggestions with specific legislative initiatives, or through contacts with the Department of State. I hope to find support from my fellow Commissioners and other colleagues. Having heard of the suffering of so many people, we cannot neglect to take appropriate action to help, especially in a place like Kosovo where the United States has invested so much and holds considerable influence as a result.

  • The Status of Religious Liberty in Russia Today

    Hon. Cristopher H. Smith, Chairman of the Commission on Security and Cooperation in Europe, presided over this hearing on the status of religious liberty in Russia. It was one in a series of Helsinki Commission hearings to examine human rights issues in the nations of the Organization for Security and Cooperation in Europe. Hon. Smith was joined by panelists to provide their insights on these issues: Robert Seiple, Ambassador-at-Large for International Religious Freedom; Rabbi Lev Shemtov, Director of American Friends of Lubavitch; Pastor Igor Nikitin, Chariman of the Assosiation of Christian Churches of St. Petersburg; Father Leonid Kishkovsky, Pastor; and Anatoly Krasikov, Chairman of Russian Chapter, International Association for Religious Liberty in Moscow.      

  • Hearing Announced on Kosovo's Displaced and Imprisoned

    WASHINGTON—The Commission on Security and Cooperation in Europe today announced a forthcoming hearing: Kosovo’s Displaced and Imprisoned Monday, February 28 2:00 p.m. to 4:00 p.m. Room B-318, Rayburn House Office Building   Open to Members, Staff, Public and Press Scheduled to testify: Bill Frelick, Director of Policy, U.S. Committee for Refugees His Grace Artemije, Serbian Orthodox Bishop of Prizren and Raska Andrzej Mirga, Co-Chair of the Council of Europe Specialists Group on Roma and Chairman of the Project on Ethnic Relations Romani Advisory Board Susan Blaustein, Senior Consultant, International Crisis Group Approximately two years ago, a decade of severe repression and lingering ethnic tensions in Kosovo erupted into full-scale violence, leading eventually to NATO intervention in early 1999 and UN administration immediately thereafter. The conflict in Kosovo was ostensibly between the Serbian and Yugoslav forces controlled by Yugoslav President Slobodan Milosevic—since indicted for war crimes—on the one hand, and the Kosovo Liberation Army which arose from more militant segments of Kosovo’s Albanian majority on the other. As with previous phases of the Yugoslav conflict, however, the primary victims have largely been innocent civilians. Over one million ethnic Albanians were displaced during the conflict, as well as over one hundred thousand Serbs and tens of thousands of Roma in the aftermath of the international community’s intervention. Senseless atrocities were frequently committed throughout this process of forced migration. Many remain unable to return, and the recent violence in the northern city of Mitrovica demonstrates the continued volatility of the current situation. Meanwhile, a large number of Kosovar Albanians, removed from the region while it was still under Serbian control, languish in Serbian prisons to this day. The February 28 hearing intends to focus on the plight of these displaced and imprisoned people from Kosovo, as well as the prospects for addressing quickly and effectively their dire circumstances.

  • Chechen Parliamentarians

    Representative Chris Smith, Chairman of the Commission, addressed the “war of destruction” in Chechnya and the Russian government’s claim of it being an anti-terrorist operation. Smith condemned Russia’s actions on behalf of the Commission and highlighted its application of indiscriminate force on an entire population to punish a handful of guilty. In response to concern from the international community, the Russian Government and military simply claim that the conflict is an internal matter. The witnesses – Seilam Bechaev, Vice President of the Chechen Praliament and Mr. Tourpal-Ali Kaimov, Chairman of the Budget Committee of the Chechen Parliament – discuss the current state of Chechnya and its deterioration since declaring independence in 1997.

  • Expressing United States Policy toward the Slovak Republic

    Mr. SMITH of New Jersey. Mr. Speaker, as chairman of the Helsinki Commission, I watched for several years as the human rights situation in Slovakia deteriorated under the leadership of former Prime Minister Vladimir Meciar. I saw how the fledgling democratic institutions of that new country were undermined, how parliamentary and constitutional processes were threatened, and how the rule of law was slowly but surely choked. I, joined by colleagues from the Commission, raised these issues time and again with Slovak officials, as did other officials of the U.S. Government. Unfortunately, Mr. Meciar was not very receptive to our arguments.   As it happened, however, the fate of the democratic process in Slovakia was not left to the tender mercies of Vladimir Meciar. A year ago, the people of Slovakia took matters into their own hands. In an election carefully monitored by the OSCE, voters returned to office a coalition government that ended Meciar's increasingly authoritarian rule.   Initially, this broadly based, some might even say weak, coalition seemed to stand only for one thing: it was against Meciar. But in the year that has passed, we cannot say that this government is not simply united in its opposition against the former regime, it is united in its commitment for democracy, for the rule of law, for a free market economy, for a transparent privatization process that is accountable to the people, and for a community of democracies dedicated to the protection of their common security.   Mr. Speaker, the process of transition that Slovakia struggles with today is not an easy one. In fact, many of the commemorations held this month to celebrate the fall of the Berlin Wall and the end of communism have focused on just how difficult this transition has been, including for Slovakia's closest neighbors. In spite of this, the Slovak Government has proceeded to make some very tough decisions this year. I am particularly impressed by the willingness of Prime Minister Dzurinda to make decisions that, while necessary for the long term, economic well-being of his country, may be very politically unpopular in the short term. That takes courage.   I know, of course, that Slovakia still has a lot of work ahead. As in most other European countries, there is much that should be done in Slovakia to improve respect for the human rights of the Romani minority. But there is much that Slovakia has accomplished in the past year and, especially as someone who has been critical of Slovakia in the past, I want to acknowledge and commend those achievements. Mr. Speaker, I hope others will join me in sending this message and will support H. Con. Res. 165.

  • Torture in Turkey

    Mr. Speaker, in a matter of days President Clinton and the leaders of the OSCE participating States will gather in Istanbul, Turkey for the final summit of the century. Among the important issues to be discussed will be a charter on European security. As the leaders of our countries assemble on the banks of the Bosphorus, few are likely to realize that the torturers continue to ply their trade, crushing the lives of countless men, women, and even children. In recent days I have received disturbing reports that highlight the fact that torture continues in Turkey despite Ankara's stated zero tolerance policy. Once again, we see that those who attempt to heal the physical and emotion scars of victims of torture are themselves often victimized by the so-called “Anti-Terror Police.” A case in point involves Dr. Zeki Uzun, a medical professional volunteering his services to the Human Rights Foundation of Turkey's Izmir Treatment and Rehabilitation Center. Dr. Uzun was reportedly forced from his clinic by Anti-Terror Police and held for interrogation about past patients he had treated. During the interrogation, he was apparently subjected to various kinds of torture, including having a plastic bag placed over his head to stop his breathing. Dr. Uzun was held by the police for a period of six days during which time he was repeatedly abused. In March I chaired a Helsinki Commission hearing on human rights in Turkey in anticipation of the OSCE Summit that will be held in Istanbul, November 17-18. Experts testified to the continued widespread use of torture in Turkey, including the increasing use of electric shock. The gripping testimony included the case of torture against a two-year-old child. Mr. Speaker, I urge President Clinton to place the issue of prevention of torture at the top of his agenda when he meets with Prime Minister Ecevit and include these longstanding concerns in his address before the Turkish Grand National Assembly. If the Government of Turkey is serious about ending the practice of torture, it must publicly condemn such gross violations of human rights, adopt and implement effective procedural safeguards against torture, and vigorously prosecute those who practice torture. Instead of treating individuals like Dr. Uzun as enemies, Ankara should direct its resources to rooting out those elements of the security apparatus responsible for torture.

  • Chechen Crisis and its Implications for Russian Democracy

    This hearing of the Commission on Security and Cooperation in Europe was held to discuss the renewed military action taken against Chechnya in response to terrorist bombings. There is extensive discussion on the ramification of Russian human rights violations for the state of Russian Democracy. Additionally, there are several arguments that the war could destabilize the Caucus region.

  • Crackdown in Belarus

    Mr. President, just a few weeks ago, many of my Senate colleagues met a young, dynamic parliamentarian from Belarus, Mr. Anatoly Lebedko, right here on the Senate floor. He impressed us with his dedication and commitment as he advocates for democracy and the rule of law in his home country currently being rule by a repressive regime. You can imagine how shocked and concerned I was to receive a call from the State Department this week informing me Mr. Lebedko had been picked up by the authorities as part of the latest crackdown in Belarus. I am sure my colleagues who met Mr. Lebedko share my concern for his well-being and for the safety of all of those struggling for democracy and freedom of speech.   Eight years after the break-up of the Soviet Union, Belarus finds itself increasingly isolated from the rest of Europe as a direct consequence of the authoritarian policies pursued by its present government which have stifled that country's fledgling democracy and market economy. The Helsinki Commission, which I co-chair, held a hearing a few months ago to assess democracy and human rights in Belarus. In July, a number of Commission members and I had the opportunity to hear Mr. Lebedko address the annual Parliamentary Assembly meeting of the Organization of Security and Corporation in Europe (OSCE ) in St. Petersburg, where he outlined developments in Belarus and the prospects for genuine political and economic reforms. Clearly, the cycle of political and economic stagnation in Belarus will only come to an end through genuine dialogue based on human rights, democracy and the rule of law.   The Helsinki Commission has called on Belarus to adopt meaningful political and economic reforms in keeping with that country's obligations as a participating State of the OSCE. On September 3, the government and opposition in Belarus began consultations at the office of the OSCE Advisory and Monitoring Group in Minsk. These talks, long urged by the international community and the Helsinki Commission could represent an important step in beginning the process of reversing the bleak human rights and democratization picture in Belarus.   Until recently I had been encouraged by what appeared to be the start of a dialog between the Belarusian Government and opposition. However, there have been a number of disturbing developments, including continued harassment of opposition members, a renewed crackdown on the independent media in recent weeks, and now the detainment of Mr. Lebedko.   We recently wrote to Secretary of State Albright voicing concern about the situation in Belarus and called on the State Department to intensify its work in this area. This most recent development underscores our concerns. I ask unanimous consent that copies of our letter to the Secretary of State, a letter we sent to the President of Belarus, along with recent news clips be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: Commission on Security and Cooperation in Europe, Washington, DC, October 15, 1999. Hon. Madeleine Korbel Albright, Secretary of State, Department of State, Washington, DC.   Dear Madam Secretary: We are writing to voice our growing concern over violations of the principles of democracy, human rights, and the rule of law in Belarus under the authoritarian leadership of Aleksandr Lukashenka, who remains in power despite the expiration of his legal presidential mandate last July. The fledgling opposition in Belarus deserves both our moral and material support as they seek to overcome the legacy of Communism and authoritarianism and build a democratic society firmly rooted in the rule of law. Many of us recently had an opportunity to meet with Anatoly Lebedko of the United Civic Party of Belarus, a young political leader who, despite personal risk, continues to openly criticize the Lukashenka regime. His personal safety is of particular concern as he returns to Belarus following an intense crackdown against the opposition. In recent weeks, Lukashenka has reportedly authorized a series of measures designed to further suppress Belarus' already beleaguered opposition. Border controls have apparently been tightened and officials in Minsk and other large cities have been instructed to ban public protests and demonstrations. The few remaining independent opposition newspapers, including Naviny and Kuryer, have likewise come under increased pressure from the authorities. Lukashenka's campaign of harassment and intimidation of the political opposition has intensified. Former Premier Mikhail Chigir, arrested in March on politically-motivated charges, remains imprisoned. A number of other former government officials and political opposition figures continue to be subjected to lengthy pre-trial detention on similar changes. In a particularly disturbing development, several prominent opposition leaders, including Viktor Gonchar, Tamara Vinnikova, and Yuri Zakharenka, have simply disappeared. Madam Secretary, we urge you to intensify pressure on the Lukashenka regime for the immediate release of all political detainees in Belarus and a full accounting of those who have disappeared. We further urge you to ensure that adequate resources are made available on an urgent basis to support those programs aimed at strengthening independent media, human rights, civil society, independent trade unions and the democratic opposition in Belarus. Sincerely, Christopher H. Smith, M.C., Chairman. Steny H. Hoyer, M.C., Ranking Member, House. William V. Roth, Jr., U.S.S. Benjamin L. Cardin, M.C. Alcee L. Hastings, M.C. Ben Nighthorse Campbell, U.S.S., Co-Chairman. Trent Lott, U.S.S. Kay Bailey Hutchison, U.S.S. Frank R. Wolf, M.C. Jesse Helms, U.S.S. Commission on Security and Cooperation in Europe, Washington, DC, October 19, 1999.   His Excellency Alyaksandr Lukashenka, President, Republic of Belarus, Minsk, Belarus. Dear President Lukashenka: We are writing to express our serious and growing concerns about recent developments in Belarus. Until recently, we were becoming more hopeful that meaningful dialogue between the Belarusian Government and opposition would take place. Within the last month, however, violations of the principles of human rights, democracy and rule of law have come to our attention that, frankly, lead us to question your government's seriousness in finding a solution to the problems of democracy in Belarus. We were disturbed to learn of the arrest earlier today of democratic opposition leader Anatoly Lebedko, for allegedly participating in “an unsanctioned march.” Our concerns include the following: The continued imprisonment of former Prime Minister Mikhail Chygir, who was supposed to be released from investigative detention where he has been held for six months. The disappearances of former Central Election Commission Chairman Viktor Gonchar, his colleague Yuri Krasovsky, former Interior Minister Yuri Zakharenka, and former National Bank Chair Tamara Vinnikova. Increased attempts to stifle freedom of expression, including the annulling of registration certificates of nine periodicals, and especially the harassment of Naviny through the use of high libel fees clearly designed to silence this independent newspaper. The denial of registration of non-governmental organizations, including the Belarusian Independent Industrial Trade Union Association. The police raid, without a search warrant, on the human rights organization Viasna-96, and confiscation of computers which stored data on human rights violations. Criminal charges against opposition activist Mykola Statkevich and lawyer Oleg Volchek and continued interrogation of lawyer Vera Stremkovskaya. The initial attack by riot police against peaceful protestors in last Sunday's Freedom March. Your efforts to address these concerns would reduce the climate of suspicion and fear that currently exists and enhance confidence in the negotiation process which we believe is so vital to Belarus' development as a democratic country in which human rights and the rule of law are respected. Sincerely, Christopher H. Smith, M.C., Chairman. Steny H. Hoyer, M.C., Ranking Member.   From the Washington Post, Sept. 30, 1999: Belarus Opposition Paper to Close. Minsk, Belarus. A leading opposition newspaper in Belarus said it was shutting down following a court order to pay an exorbitant fine, to the minister of security over an article he said injured his reputation. The Naviny newspaper, which has come under frequent pressure from Belarus's authoritarian government, said in its last issue that “both the suit and the trial were a cover-up for a carefully planned campaign by the authorities seeking to close down our newspaper.”   From the Washington Post, Oct. 19, 1999 Belarusan Officials Blame West for Riots. Minsk, Belarus. Belarusan authorities accused the West of being behind street clashes between some 5,000 opposition demonstrators and police in which at least 92 people were arrested. But Dmitri Bondarenko of the opposition Khartiya-97 movement said police started the fighting and another opposition member said authorities have long provoked violence by repression. The fighting broke out Sunday in Minsk following an authorized rally by about 20,000 people. The demonstrators were protesting the disappearance of several leading opposition figures and President Alexander Lukashenka's drive to reunite Belarus, a former Soviet republic, with Russia.

  • Central Asia: The “Black Hole” of Human Rights

    Mr. Speaker, I rise today to introduce a resolution on the disturbing state of democratization and human rights in Central Asia. As is evident from many sources, including the State Department's annual reports on human rights, non-governmental organizations, both in the region and the West, and the work of the Helsinki Commission, which I chair, Central Asia has become the “black hole” of human rights in the OSCE space. True, not all Central Asia countries are equal offenders. Kyrgyzstan has not joined its neighbors in eliminating all opposition, tightly censoring the media and concentrating all power in the hands of the president, though there are tendencies in that direction, and upcoming elections in 2000 may bring out the worst in President Akaev. But elsewhere, the promise of the early 1990's, when the five Central Asian countries along with all former Soviet republics were admitted to the Conference on Security and Cooperation in Europe, has not been realized. Throughout the region, super-presidents pay lip service to OSCE commitments and to their own constitutional provisions on separation of powers, while dominating the legislative and judicial branches, crushing or thwarting any opposition challenges to their factual monopoly of power, and along with their families and favored few, enjoying the benefits of their countries' wealth. Indeed, though some see the main problem of Central Asia through the prism of real or alleged Islamic fundamentalism, the Soviet legacy, or poverty, I am convinced that the essence of the problem is more simple and depressing: presidents determined to remain in office for life must necessarily develop repressive political systems. To justify their campaign to control society, Central Asian leaders constantly point to their own national traditions and argue that democracy must be built slowly. Some Western analysts, I am sorry to say, have bought this idea, in some cases, quite literally, by acting as highly paid consultants to oil companies and other business concerns. But, Mr. Speaker, building democracy is an act of political will above all. You have to want to do it. If you don't, all the excuses in the world and all the state institutions formed in Central Asia ostensibly to promote human rights will remain simply window dressing. Moreover, the much-vaunted stability offered by such systems is shaky. The refusal of leaders to allow turnover at the top or newcomers to enter the game means that outsiders have no stake in the political process and can imagine coming to power or merely sharing in the wealth only be extra-constitutional methods. For some of those facing the prospect of permanent exclusion, especially as living standards continue to fall, the temptation to resort to any means possible to change the rules of the game, may be overwhelming. Most people, however, will simply opt out of the political system in disillusionment and despair. Against this general context, without doubt, the most repressive countries are Turkmenistan and Uzbekistan. Turkmenistan's President Niyazov, in particular, has created a virtual North Korea in post-Soviet space, complete with his own bizarre cult of personality. Turkmenistan is the only country in the former Soviet bloc that remains a one-party state. Uzbekistan, on the other hand, has five parties but all of them are government-created and controlled. Under President Islam Karimov, no opposition parties or movements have been allowed to function since 1992. In both countries, communist-era controls on the media remain in place. The state, like its Soviet predecessor, prevents society from influencing policy or expressing its views and keeps the population intimidated through omnipresent secret police forces. Neither country observes the most fundamental human rights, including freedom of religion, or permits any electoral challenges to its all-powerful president. Kazakstan's President Nursultan Nazarbaev has played a more clever game. Pressed by the OSCE and Western capitals, he has formally permitted opposition parties to function, and they did take part in the October 10 parliamentary election. But once again, a major opposition figure was not able to participate, and OSCE/ODIHR monitors, citing many shortcomings, have criticized the election as flawed. In general, the ability of opposition and society to influence policymaking is marginal at best. At the same time, independent and opposition media have been bought, coopted or intimidated out of existence or into cooperation with the authorities, and those few that remain are under severe pressure. Tajikistan suffered a devastating civil war in the early 1990's. In 1997, war-weariness and a military stalemate led the disputants to a peace accord and a power-sharing agreement. But though the arrangement had promise, it now seems to be falling apart, as opposition contenders for the presidency have been excluded from the race and the major opposition organization has decided to suspend participation in the work of the National Reconciliation Commission. Mr. Speaker, along with large-scale ethnic conflicts like Kosovo or Bosnia, and unresolved low-level conflicts like Nagorno-Karabakh and Abkhazia, I believe the systemic flouting of OSCE commitments on democratization and human rights in Central Asia is the single greatest problem facing the OSCE. For that reason, I am introducing this resolution expressing concern about the general trends in the region, to show Central Asian presidents that we are not taken in by their facade, and to encourage the disheartened people of Central Asia that the United States stands for democracy. The resolution calls on Central Asian countries to come into compliance with OSCE commitments on democracy and human rights , and encourages the Administration to raise with other OSCE states the implications for OSCE participation of countries that engage in gross and uncorrected violation of freely accepted commitments on human rights . Mr. Speaker, I hope my colleagues will join me, Mr. Hoyer, and Mr. Forbes in this effort and we welcome their support.

  • Report on Georgia's Parliamentary Elections: October 1999

    On October 31, 1999, Georgia held its third parliamentary election since gaining independence in 1991. President Eduard Shevardnadze’s ruling party, the Citizens Union of Georgia, scored a convincing victory. According to the Central Election Commission, in the first round, the CUG won 41.85 percent of the party list voting, or 85 seats, along with 35 single districts. The opposition Batumi Alliance, led by Ajarian strongman Aslan Abashidze, came in second, with 25.65 percent of the vote and seven districts, gaining 51 seats. Industry Will Save Georgia was the only other party to break the sevenpercent threshold for parliamentary representation, managing 7.8 percent and 14 seats. In second-round voting on November 14, the CUG increased its lead, picking up ten more seats, and then won another two in a November 28 third round, for a total of 132. The Batumi Alliance’s final tally was 59. Overall, the CUG has an absolute majority in Georgia’s 235-seat legislature, improving on the position it held from 1995-1999. The outcome did not indicate how tense the race had been between the CUG and the leftist, proRussian Batumi Alliance. A win by the latter threatened to move Georgia into Russia’s orbit and away from market reforms. The election also offered a foretaste of next year’s presidential contest, when Abashidze runs against Shevardnazde. With such high stakes and relations so confrontational between the contending forces, charges of widespread fraud dogged the elections. Of the Central Election Commission’s 19 members, only 13 signed the document announcing the results. Nevertheless, OSCE’s observation mission called the first round of the election a “step towards” compliance with OSCE commitments, adding that most of the worst violations occurred in Ajaria. OSCE’s verdict after the November 14 second round was more critical, noting violence at some polling stations and vote rigging and intimidation at others. OSCE’s initial cautiously positive judgement, however, allowed Eduard Shevardnadze to claim that democratization is proceeding in Georgia and that the country’s admission to the Council of Europe was well deserved.

  • The Situation in Dagestan

    This briefing addressed the security challenge face by Russia in the Northern Caucasus in light of an outbreak of fighting in Dagestan in response to unemployment and rampant crime. The potential role of the OSCE in achieving peace in Dagestan in a similar manner to its mission in Chechnya was discussed. Witnesses testifying at the briefing – including Dr. Robert Bruce Ware, a professor in the Department of Philosophical Studies at Southern Illinois University, and Dr. Zulfia Kisrieva-War a native from Dagestan – evaluated potential responses to several questions, including who the combatants in Dagestan are; their aims; why the region is such a volatile area; and whether Moscow has a coherent broad-based strategy for achieving peace and prosperity in the region. Historical background on the conflict and strategies for the international community to pursue moving forward were also topics of discussion.

  • Human Rights in Russia

    This briefing focused on a report by the Moscow Helsinki Group and the Union of Councils for Soviet Jews regarding human rights in 30 out of Russia’s 89 regions. The report, part of a project funded by USAID, was unprecedented in its scope and detail of coverage of human rights across Russia. At a previous hearing, the connection was drawn between the decline in Russia’s economic fortunes and the growing violations of human rights and civil liberties. Ludmilla Alexeeva and Micah Naftalin discussed how crime, corruption, and human rights violations combined to weaken democracy and rule of law in Russia and undermine the well-being of its people. They emphasized the vastness of these problems and the necessary collaboration of NGOs from different regions to obtain a thorough and accurate analysis of the country’s respect for human rights.

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