Title

Helsinki Commission Leaders Slam Detention of Georgian Opposition Leader Nika Melia

Tuesday, February 23, 2021

WASHINGTON—Following the February 23 detention of Georgian opposition leader Nika Melia by authorities, Helsinki Commission leaders Rep. Alcee Hastings (FL-20), Sen. Roger Wicker (MS), Rep. Joe Wilson (SC-02), and Sen. Ben Cardin (MD) issued the following joint statement:

“As a participating State of the Organization for Security and Cooperation in Europe, Georgia has committed to respecting democratic institutions, human rights, and the rule of law.

“Storming the headquarters of an opposing political party and arbitrarily detaining its leader is not in keeping with democratic progress. We urge the Government of Georgia to release Nika Melia, deescalate the crisis, and recommit to dialogue rather than aggression.”

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
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  • Turkey Post-Referendum: Institutions and Human Rights

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Darya Polyudova – Polyudova was charged under article 280 of the Russian criminal code (“public appeals for extremist activity” and “public appeals for actions aimed at a violation of the territorial integrity of the Russian Federation”) in connection with her participation in preparation for a march that did not take place.  In reality, she was indicted for criticizing Moscow online for its support of Russia-backed separatists in Ukraine's east.  She is recognized as a political prisoner because the offense did not take place, her right to a fair trial was violated, and the government disproportionately used pretrial detention given the nature of the charges.  She was sentenced to two years in prison, becoming the first person in Russia convicted under a 2014 law criminalizing calls for separatism on the Internet. Her case illustrates the government’s prosecution of Russian nationals who criticize Russia’s actions and policies in Ukraine. Sergei Udaltsov – Udaltsov was charged under Article 30 of the Russian criminal code (“preparation of actions aimed at organizing mass riots”) and Article 212 (“organization of mass riots”) after participating in the Bolotnaya Square protests. He has been arrested multiple times before for protesting against the government. Memorial recognizes him as a political prisoner on the grounds that he was charged with an offense that did not take place; his right to a fair trial was violated; and the government disproportionately used pretrial detention. He was sentenced to four years and six months in prison. Ivan Nepomniashchikh – Nepomniashchikh was charged with Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”). He is recognized as a political prisoner on the grounds that he is being prosecuted for exercising his right to freedom of assembly; he is being charged with an offense that did not take place; he was not allowed a fair trial;  and the government disproportionately used pretrial detention. He is another example of those being prosecuted for participating in the Bolotnaya Square protests against the 2011 fraud in the presidential election. Alexei Pichugin – Pichugin was charged under Article 162 of the Russian criminal code (“robbery”) and Article 105 (“murder”). At a closed trial, Pichugin, the former head of internal economic security for the Yukos Company then headed by Mikhail Khodorkovsky, was sentenced to life imprisonment in a special-regime penal colony. He has been in prison since 2003 and is recognized as a political prisoner on the grounds that his prosecution was conducted without a fair trial.  The European Court on Human Rights also has held that Pichugin was denied a fair trial.   Oleg Sentsov – Senstov is a Ukrainian filmmaker imprisoned in Russia since 2015, and was the focus of a separate Helsinki Commission briefing. Sentsov was arrested in the Russian-occupied Crimean territory of Ukraine and charged under Article 205.4 of the Russian criminal code (“organization of a terrorist group”), Article 205 (“terrorist act committed by an organized group”), Article 30 in connection with Article 205 (“preparation of a terrorist act”), Article 30 in connection with Article 222 (“attempted illegal acquisition of firearms and explosive devices”), and Article 222 (“illegal acquisition and storage of far arms and explosive devices”).  He was accused of planning an attack on a monument to Lenin, a charge he denies. He was sentenced in a Russian military court to 20 years in a strict regime penal colony for terrorism. Other Illustrative Cases Alexander Kolchenko – Kolchenko, a Crimean activist, was charged under article 205 of Russia’s criminal code (art. 205.4 part 2: "Participation in a terrorist organization," and art. 205, paragraph "a," part 2: "A terrorist act conducted by a terrorist group"). He refuted the accusations of terrorism. Mr. Kolchenko was detained in May 2014, in Simferopol, Crimea, shortly after Russia took control over the peninsula. On August 25, 2016, the North Caucasus District Military Court of Russia sentenced Mr. Kolchenko to 10 years of imprisonment in a strict-regime colony. He is serving his sentence in the Chelyabinsk Oblast, in the city of Kopeysk, a facility notorious for its poor treatment of convicts. Mr. Kolchenko is recognized as a political prisoner by Russia’s Memorial watchdog group. Mykola Semena (under a travel ban) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care. Roman Sushchenko (in pre-trial detention) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko. Memorial, a Russian organization established to report on the crimes of Stalinism, documents cases of political prisoners as well as cases of those persecuted for their faith.This information was compiled by Helsinki Commission staff from Memorial, the U.S. Department of State Country Report on Human Rights Practices, and news sources. The U.S. Commission on International Religious Freedom also tracks cases of individuals imprisoned in connection with their faith.

  • Helsinki Commission Calls for Proclamation Recognizing Importance of Helsinki Final Act

    WASHINGTON—Helsinki Commission Chairman Senator Roger Wicker (MS) today introduced a bipartisan Senate resolution urging President Trump to recognize the importance of the Helsinki Final Act –  the founding document of today’s Organization for Security and Cooperation in Europe (OSCE) – and its relevance to American national security.  The resolution was cosponsored by all other Senators currently serving on the Helsinki Commission: Sen. Ben Cardin (MD), Sen. John Boozman (AR), Sen. Cory Gardner (CO), Sen. Marco Rubio (FL), Sen. Jeanne Shaheen (NH), Sen. Thom Tillis (NC), Sen. Tom Udall (NM), and Sen. Sheldon Whitehouse (RI). “Peace and prosperity in the OSCE region rest on a respect for human rights and the preservation of fundamental freedoms, democratic principles, and economic liberty. Unfortunately, the commitment to these ideals by some OSCE participating States is eroding,” Chairman Wicker said. “The shrinking space for civil society in many nations has become reminiscent of the Communist era – a time when many Helsinki Monitoring Groups were violently persecuted for their courageous support of basic human rights,” he continued. “With its actions in Ukraine and Georgia, the Russian Federation in particular has demonstrated how closely such internal repression can be tied to external aggression.  We were reminded of these abuses in this morning’s Helsinki Commission hearing. I urge the President to make it clear that Helsinki principles are vital not only to American national interests but also to the security of the OSCE region as a whole.” “What was remarkable about the Helsinki Final Act was the commitment that these standards we agreed to would not only be of internal interest to the member country, but that any country signatory to the Helsinki Final Act could challenge the actions of any other country,” said Ranking Commissioner Cardin, who is also Ranking Member of the Senate Foreign Relations Committee. “We have not only the right but the responsibility to call out countries that fail to adhere to the basic principles that were agreed to in 1975.” Defining security in a uniquely comprehensive manner, the Helsinki Final Act contains 10 principles guiding inter-state relations, among them respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion, or belief (Principle VII). Other principles include respect for sovereign equality (Principle I), the territorial integrity of states (Principle IV), and states’ fulfilment in good faith of their obligations under international law (Principle X). S.Con.Res.13 encourages President Trump to reaffirm America’s commitment to the principles and implementation of the Helsinki Final Act. The resolution also calls on the President to urge other participating States to respect their OSCE commitments and to condemn the Russian Federation's clear, gross, and uncorrected violations of all 10 core OSCE principles enshrined in the Helsinki Final Act.

  • Democracy & Human Rights Abuses in Russia: No End in Sight

    The U.S Helsinki Commission held a hearing on Wednesday on “Democracy and Human Rights Abuses in Russia: No End in Sight.”  It was the first hearing in the 115th Congress focused on internal human rights repression in Russia. Vladimir Kara-Murza, vice-chairman of pro-reform movement Open Russia; Rachel Denber, Deputy Director of the Europe and Central Asia Division at Human Rights Watch; and Dr. Daniel Calingaert, Executive Vice President of Freedom House, testified about the crisis of Russian democracy and the country’s worsening human rights record under President Vladimir Putin. In his opening statement, Mr. Kara-Murza underscored the necessity for the OSCE participating States to give an honest assessment about what is happening in Russia, where the number of political prisoners now exceeds a hundred people (a number that has doubled in less than a year). Mr. Kara-Murza, a vocal critic of the Kremlin who has survived two poisoning attempts, estimated that more than 30 activists have been murdered by the Putin regime since Vladimir Putin assumed power in 2000. He also called for an end to impunity for human rights violations in Russia. “The U.S. does have a mechanism for such accountability in the Magnitsky Act that provides for targeted sanctions on human rights abusers. This law should continue to be implemented to its full extent,” Mr. Kara-Murza said. His concerns were echoed by Human Rights Watch’s Rachel Denber, who noted that today, “Russia is more repressive that it has ever been in the post-Soviet era.” At Chairman Wicker’s request, Ms. Denber provided detailed information about each of the Russian political prisoners who were featured on posters in the room, and also spoke at length about the repression of gay men in Chechnya. Dr. Daniel Calingaert of Freedom House highlighted the fact that Mr. Putin was the primary author of the modern authoritarian’s playbook, which has subsequently been replicated by many autocratic rulers in the region.  “His methods for suppressing civil society and political opposition have inspired other dictators, and his media manipulation has impacted most of Eurasia directly and extended to Europe and the United States,” Dr. Calingaert said. However, despite the grim situation, Mr. Kara-Murza voiced some optimism about the future. “Increasingly, the young generation in Russia – the very generation that grew up under Vladimir Putin – is demanding respect and accountability from those in power,” he said. Mr. Kara-Murza pointed to a wave of anti-corruption demonstrations that took place in dozens of cities across Russia in late March, with tens of thousands of people, mostly young protesters, taking out to the streets to demand the resignation of Prime Minister Dimitriy Medvedev. “This movement will continue. And these growing demands for accountability are the best guarantee that Russia will one day become a country where citizens can exercise the rights and freedoms to which they are entitled,” he added.  

  • Wicker, Cardin Support Territorial Integrity of the Nation of Georgia

    WASHINGTON—Helsinki Commission Chairman Senator Roger Wicker (MS) and Ranking Commissioner Senator Ben Cardin (MD) today introduced a Senate resolution supporting the territorial integrity of the nation of Georgia. “The Russian government has tried to undermine Georgian sovereignty and territorial integrity for far too long,” said Chairman Wicker. “It is time for the United States to make it clear once again that we do not recognize Russian land grabs within its neighbors’ borders. Russia should adhere to the cease-fire agreement it signed in 2008, withdraw its troops from Georgia, and allow international monitors and aid workers access to occupied regions.” S.Res.106 condemns the ongoing military intervention and occupation of Georgia by the Russian Federation, as well as Russia’s continuous illegal activities along the occupation line in Abkhazia and Tskhinvali region (South Ossetia). The bill also urges Russia to live up to its commitments under the Helsinki Final Act, which calls upon signatories to respect the territorial integrity of each of the other participating States of the Organization of the Security and Cooperation in Europe (OSCE).  “Russia’s violation of the territorial integrity of Georgia is a blatant breach of one of the guiding principles of the Helsinki Final Act by Russia. This reflects a broader pattern of disregard by Putin’s regime for transatlantic security norms and democratic values, which the United States and our allies must stand against with resolve,” said Commissioner Cardin, who is also Ranking Member of the Senate Foreign Relations Committee. “Georgia is a strong partner of the United States and continues to take important steps to further integrate with the transatlantic community. Georgia recently concluded an agreement on visa free travel with the European Union, for example. This significant development shows that constructive interaction is possible and welcome.” This resolution mirrors a similar measure introduced in the House (H.Res. 660) in September 2016, and demonstrates that the sovereignty and territorial integrity of Georgia enjoy bipartisan support from both chambers of Congress.

  • Helsinki Commission Leaders Mark International Human Rights Day

    WASHINGTON—To mark International Human Rights Day on December 10, Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, and Sen. Roger Wicker (MS), Co-Chairman of the Commission, issued the following statements: “2016 has been a challenging year for the OSCE region – some governments have backslid on human rights, and humanitarian crises on the OSCE’s periphery in Syria, Iraq, and elsewhere have driven waves of refugees into the OSCE region,” Chairman Smith said. “And despite our best efforts, child sex tourism is soaring while protection lags. We each have an essential role to play in fighting for the human rights of those who are persecuted, whether they are political prisoners in Azerbaijan, refugees fleeing genocide in Syria, journalists in Turkey, or victims of human trafficking in our own country. We must all become human rights defenders.” “We live in a world with significant security challenges, from cyber threats to terrorism to acts of aggression by one of our own OSCE participating States,” said Co-Chairman Wicker. “However, as we work to maintain regional stability, we remember that security cannot exist independently from securing fundamental human rights. Today, we recommit ourselves to democracy, the rule of the law, and the rights of all people to determine their future free from tyranny and oppression.” “The Helsinki Final Act is clear: human rights issues in one OSCE country are of direct and legitimate concern to all participating States,” Chairman Smith concluded. “I call on the 57 nations of the OSCE to defend the rights and dignity of the most vulnerable, and to provide humanitarian assistance to victims of genocide and war in the Middle East.”

  • Turkey: Human Rights in Retreat

    Five months after the failed coup attempt of July 15th, 2016, serious questions have emerged with regard to the future of democracy and the rule of law in Turkey.  The Turkish government maintains sweeping state of emergency decrees, which have shuttered educational institutions, civic associations, and media organizations. Tens of thousands of people have been arrested, suspended, or fired for colluding with coup plotters, a determination often made with little to no credible documentation. In the wake of this ongoing crackdown, the Helsinki Commission convened a briefing to examine Turkey’s deteriorating human rights conditions and the future of U.S.-Turkey relations. Helsinki Commission staff member Everett Price opened the briefing by recalling the Commission’s original mandate, its fundamental mission to shed light on human rights violations, and the importance of candor in fostering friendly international relations. Dr. Y. Alp Aslandogan, Executive Director of the Alliance for Shared Values, provided a detailed description of the government’s post-coup persecution of the Hizmet movement, minority groups such as the Kurds and Alevis, journalists, and teachers. Dr. Karin Karlekar, Director of the Free Expression Advocacy Team at PEN America, shed light on the Turkish government’s intensified suppression of press freedom and free expression in the wake of the failed coup attempt. Finally, Dr. Nicholas Danforth, Senior Policy Analyst at the Bipartisan Policy Center, assessed the risks posed by the Turkish government’s disregard for the rule of law and their potential implications for U.S.-Turkey relations. In the subsequent exchange of views moderated by Everett Price, the panelists reflected on the international community’s role in promoting human rights, threats to academic freedom, and the potential for a renewed democratic trajectory in Turkey.

  • Helsinki Commission to Probe Crisis of Human Rights in Turkey

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “TURKEY: HUMAN RIGHTS IN RETREAT” Friday, December 9, 2016 2:00 PM Rayburn House Office Building Room 2255 Respect for human rights in Turkey has declined dramatically since the failed coup attempt on July 15, 2016. Though the international community agrees that the Turkish government has the right to pursue justice against those who sought to overthrow it, Ankara’s reaction to the coup attempt has swept aside international human rights standards. Five months after the coup attempt, the Turkish government maintains sweeping state of emergency decrees, shuttering educational institutions, civic associations, and media organizations and arresting, suspending, or firing tens of thousands of people alleged to have conspired with the coup plotters, oftentimes with little to no credible documentation. These measures, along with dramatic changes to the country’s judicial system and further changes planned to the country’s constitution, are transforming Turkish society and raising serious questions about the future of Turkish democracy. Panelists will review the ongoing crackdown in Turkey; discuss the broad authority the government enjoys under the state of emergency; raise areas of concern regarding human rights and rule of law; and evaluate the implications of these developments for Turkish institutions and society. The discussion will also focus on policy options for the incoming U.S. Administration and U.S. Congress to consider when shaping relations with Turkey in coming years. The following experts are scheduled to participate: Dr. Y. Alp Aslandogan, Executive Director, Alliance for Shared Values Dr. Nicholas Danforth, Senior Policy Analyst, Bipartisan Policy Center Dr. Karin Karlekar, Director, Free Expression at Risk Program, PEN America Additional panelists may be added.

  • Bipartisan Legislation to Bring Back Convicted Criminals Abroad Passes Subcommittee

    WASHINGTON—A bill that strengthens the ability of the United States to secure extradition of wanted fugitives and bring them home to face justice, sponsored by Rep. Chris Smith (NJ-04), Chairman of the Subcommittee on Global Human Rights and International Organizations, today cleared a first and important hurdle and was adopted by the Subcommittee. The bill has 20 bipartisan co-sponsors—10 Republicans and 10 Democrats—and has now been referred to the full Committee for consideration. The Walter Patterson and Werner Foerster Justice and Extradition Act (H.R. 2189) is named after the innocent victims of two of the most infamous criminals in modern U.S. history—both of whom live openly abroad. It requires the President to provide Congress with an annual study on important aspects of U.S. extradition policy, assisting Congress as it takes action to address outstanding issues in the extradition system. Currently the President’s management of the extradition system is largely opaque to congressional oversight and hence resistant to reform—H.R. 2189 takes a big step toward changing that. “In many cases around the world, efforts to extradite convicted criminals have simply stalled, leaving surviving families without closure and our efforts to seek justice in limbo,” said Smith. “Instead of continuing to allow violent criminals to live openly abroad—apparently outside of our government’s reach—we must strengthen the Executive Branch’s ability to take action to successfully resolve extradition cases. That the murderers of Walter Patterson and Werner Foerster live openly abroad is an ongoing offense against the surviving family members of the men they murdered.” Walter Patterson was brutally killed in the course of a robbery by George Wright, who was convicted of murder, escaped prison, allegedly hijacked a commercial jetliner, and disappeared, only to be found living openly in Portugal, which  has denied extradition. Werner Foerster was a New Jersey state trooper shot during a routine traffic stop by terrorist Joanne Chesimard, who was convicted of murder, escaped prison, and made her way to Cuba, where she lives as a guest of the Cuban government—along with other fugitives the Cuban government refuses to return to the U.S. Smith is one of the foremost voices in the fight to return escaped fugitives to face U.S. justice. Since the discovery of George Wright in Portugal in 2012, he has held several meetings with and written to Portuguese government officials and corresponded with the Department of Justice on their efforts to secure the return of fugitives. In 2012, he chaired a hearing entitled “Justice in the International Extradition System: The Case of George Wright and Beyond.” H.R. 2189 enjoys the support of a diverse coalition of advocacy organizations, including Concerns of Police Survivors, the National Association of Police Organizations, the National Organization for Victim Assistance, the National Sheriffs’ Association, and the American Bail Coalition.

  • Moldova at a Crossroads

    Twenty-five years after its independence, Moldova is at a crossroads as it prepares for presidential elections scheduled for October 30. While it seeks to overcome significant internal challenges, the country is also squarely in the crosshairs of Russian destabilization efforts intended to maintain Moscow’s influence and strike at the foundation of Moldovan democracy. The experts at this briefing offered valuable insight on the significant internal and external challenges Moldova faces as it approaches presidential elections in October 2016. The speakers addressed continued threats to Moldovan territorial integrity and sovereignty; hostile Russian actions including disinformation campaigns, an economic blockade, and threatening rhetoric; and the roles of the Moldovan government and external actors, including the OSCE, in addressing Moldovan vulnerabilities. Commissioner Rep. Joe Pitts (PA-16) opened the briefing with a statement on Moldova and the Transnistrian conflict, as he has been deeply interested and engaged in Moldova throughout his career.  Witnesses Ambassador William Hill and Matthew Rojansky then discussed Moldova's internal and external challenges in greater depth. As a veteran diplomat in Moldova and the region, Ambassador William Hill assigned an absence of rule of law as Moldova’s central challenge. Mr. Rojansky, a renowned scholar on this subject, offered historical perspective on Russia’s objectives in maintaining instability in neighboring countries like Moldova. Before beginning audience Q&A, the event also welcomed comments from Tatiana Solomon, Chargé d’Affaires ad interim of the Moldovan Embassy, who thanked the witnesses and the Helsinki Commission for engagement on the issues discussed. All participants encouraged U.S. support for Moldova and the region as it works towards a stable, democratic, and prosperous future.

  • It’s Time for the United States to Act on Azerbaijan

    David J. Kramer is senior director for human rights and democracy at the McCain Institute for International Leadership and a former assistant secretary of state for democracy, human rights and labor. Richard Kauzlarich is an adjunct professor at George Mason University and former U.S. ambassador to Azerbaijan and to Bosnia and Herzegovina. Earlier this year, President Ilham Aliyev of Azerbaijan looked like he was softening his authoritarian grip on his country. In March, he released 14 political prisoners ahead of his visit to Washington for President Obama’s Nuclear Security Summit. Even the harsh anti-American rhetoric from Azerbaijani officials and regime media seemed to subside. While in Washington, Aliyev had sit-downs with Vice President Biden and Secretary of State John F. Kerry. But since the April summit, Aliyev’s regime has intensified its crackdowns on freedoms. Azerbaijan’s rapid, dangerous deterioration demands more decisive action from the United States, yet the Obama administration has remained largely silent. The government in Baku has increased its arrests and detentions of another dozen opposition figures, peaceful religious believers and civil society activists. Nearly 100 political prisoners are languishing in the country’s jails. Azerbaijani writer Akram Aylisli was detained at the national airport and prevented from leaving the country. Faig Amirli, financial director of Azadliq newspaper and assistant to the chairman of the Azerbaijan Popular Front Party, was arrested last month. Other opposition politicians arrested in August include Natiq Jafarli,  executive secretary of the REAL movement, and NIDA civic movement activist Elgiz Qahraman. The situation on the ground may get even worse. On Sept. 26, Aliyev’s regime plans to force a referendum which aims to enhance his powers. The result of the referendum is already known; we can be sure that the government will ensure its approval. That means that Aliyev can extend his term from five to seven years, create new positions of vice president (to which he might name a member of his family) and lower the age for members of parliament — opening the door for his son Heydar to be elected. It would not be a surprise if elections were called early under the new constitution to ratify these authoritarian steps. Quiet diplomacy, we are told, is the only way to protect American interests in Azerbaijan. Along with its strategic location on the Caspian Sea between Russia and Iran, the country of 8 million is rich in oil and gas resources, and plays a role as a national security ally to the United States. No American interests are served if Azerbaijan’s increasing authoritarianism explodes into a political and social crisis. Moreover, Azerbaijan is following in the footsteps of Vladimir Putin’s media tactics in Russia by increasingly  painting the United States as the enemy. An editorial in the state-approved media outlet, Haqqin, accused the United States of “losing” Azerbaijan, “driving it into a corner” and “neglecting a valuable partnership” with Baku. The editorial warned that Azerbaijan will be left with no option but to establish closer relations with its immediate neighbors, Iran and Russia. Aliyev’s supporters have pointed to the failed Turkey coup and have accused the United States of supporting opposition forces not only to spoil the upcoming referendum — but to plot a coup in Azerbaijan. Aside from legislation introduced by Rep. Christopher H. Smith (R-N.J.) last December and the cries of activists and human rights groups, Azerbaijan has received a free pass from the Obama administration. Rarely do either the U.S. Embassy in Baku or the State Department in Washington speak out against human rights abuses. Even the 2014 raid on U.S.-funded Radio Free Europe/Radio Liberty (RFE/RL) and the arrest of one of its journalists, Khadija Ismayilova, triggered a mild response from Washington. Ismayilova was released from prison earlier this year but has been refused permission to travel outside the country. RFE/RL  is still barred from operating in Azerbaijan, as are most American nongovernmental organizations. In the past, we have called for sanctions — asset freezes and visa bans — against Azerbaijani officials involved in and responsible for gross human rights abuses, similar to the Sergei Magnitsky Rule of Law and Accountability Act for Russia. President Obama doesn’t need new legislation to take such measures; he can do so under existing presidential authorities. Beyond that, we should withhold U.S. support for International Monetary Fund and World Bank assistance should Azerbaijan request it amid its deteriorating economic situation and end Overseas Private Investment Corporation and Export-Import Bank lending to Azerbaijan. The United States should consider recalling our ambassador for extended consultations over human rights concerns as well as the rising anti-American rhetoric of Azerbaijan officials and government-sanctioned media. We also need to get the Europeans on board with similar measures. These steps should be taken unless and until all the political prisoners are released and the referendum enhancing Aliyev’s powers is voided. Letting Azerbaijan follow through on its threat to form closer ties with Moscow and Tehran without balance from the United States may be a necessary, albeit unpleasant, learning experience for the regime in Baku. The problem in Azerbaijan is not that Aliyev has too little power; it is that he exercises the power he has in the wrong ways against innocent people.  America’s silence as the situation on the ground worsens risks making us accomplices to a looming human rights disaster in Azerbaijan.

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