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article
Hearing Surveys Human Rights in Republic of Georgia
Wednesday, January 15, 2003By H. Knox Thames CSCE Counsel The Helsinki Commission held a hearing September 24, 2002 on developments in the Republic of Georgia, with particular focus on the recent violent attacks against selected minority religious communities, as well as the threat of Russian aggression against that Caucasus nation. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing that examined Georgia’s prospects for democratization, its security situation, and how Washington can best promote the complementary goals of advancing democracy, human rights and economic liberty while leading the battle against international terrorism. The hearing opened with a gripping video documenting mob violence against Jehovah’s Witnesses and the failure of Georgian police to quell such attacks. Georgia, which became an OSCE participating State in 1992, was seemingly headed toward domestic stability and democratic governance in the mid-1990s, but recent trends have been disappointing. The official results of elections have not inspired confidence, undermining the public’s faith in democracy and the right of the people to choose their government. While civil society has grown substantially, independent media and non-governmental organizations remain at risk. The savage attack on the human rights organization, Liberty Institute, like the campaign of violence against Jehovah’s Witnesses and other minority faiths, as well as efforts to silence Rustavi-2 Television, testify to the lingering influence of forces bent on preventing Georgia from consolidating democracy, human rights and the rule of law. Meanwhile, Georgia has been under intensifying pressure from Russia, with Moscow accusing Georgia of failing to cooperate in the war on terrorism. Russian planes have invaded Georgian airspace and bombed the territory, killing Georgian citizens. Russian officials increasingly threaten to launch unilateral military actions within Georgia against Chechen rebels. Russian President Vladimir Putin recently asked the United Nations to support his country’s threats to launch military strikes inside Georgia. Moscow’s threats place at risk Georgia’s sovereignty and stability, moving Washington to consider how best to help Georgia defend itself and maintain control of its territory, while moving decisively against criminal elements and terrorists. This is a very complicated situation because much of the assistance from the United States is contingent upon Georgia’s compliance to stop religious violence within its borders. Co-Chairman Smith opened the hearing by acknowledging Georgia’s progress since the last hearing in 1995, but was quick to point out salient shortcomings. Mr. Smith voiced several concerns pertaining to Georgia’s internal problems. Special attention was paid to the inaction of the Georgian Government in regard to the mob attacks on minority faiths. “I am especially concerned and appalled by the ongoing religious violence in Georgia. Since 1999, there has been a campaign of assaults against members of minority faiths – especially Jehovah’s Witnesses – which Georgian authorities has tolerated,” Smith commented, “there can be no excuse for state toleration of such barbarity. It must end, and it must end now.” Not only was Mr. Smith concerned about the violence, but he also was concerned with the future of Georgia - U.S. relations because of the “rampant corruption,” unsatisfactory rate of democratization, and lack of compliance with OSCE standards. Mr. B. Lynn Pascoe, Deputy Assistant Secretary for European and Eurasian Affairs, voiced concern about the violence in the Pankisi Gorge and the Russian pressure on Georgia to eradicate the Chechen terrorist threat. Turning to trends in the areas of democracy and human rights, Pascoe noted, “We have stressed to President Shevardnadze and his government again and again that poor records on human rights and freedom of religion not only undermine Georgia's efforts at economic and democratic reform, but will also negatively affect our assistance if such problems are not addressed.” He further explained efforts in the Georgia Train and Equip Program (GTEP) to help Georgia in the war on terrorism, but suggested that U.S. assistance would diminish if Georgia does not act on the concerns voiced in the hearing. Georgian Ambassador Levan Mikeladze expressed his remorse for the mob attacks. He reassured the Commission that Georgia fully recognizes the problems in religious persecution and legal and practical actions are being taken to ensure there will be no more violent attacks: “We are hopeful that after all these assignments are executed, we will be in a position to say religion-based intolerance in Georgia has no future and manifestations of religiously motivated violence no longer occur.” Georgia’s security was a pressing issue for Ambassador Mikeladze given intrusions and aggression by the Russian Federation. He encouraged the United States to continue the GTEP and continue the strong rapport between the two nations. Co-Chairman Smith and Commissioner Joseph R. Pitts (R-PA) were not satisfied with Ambassador Mikeladze’s explanation and expressed concern regarding the lack of action on the part of the Georgian Government to bring the perpetrators of attacks against minority faiths to justice. Smith issued a strong call to action, explaining the injurious nature to Georgia-U.S. relations of Georgia’s failure to actively stop the mob attacks. Bishop Malkhaz Songulashvili of the Baptist Union of Georgia set forth a long list of why and how such violence and hatred could be permitted in a democratic state. In attempting to give an explanation as to why such events have occurred in Georgia, the Bishop observed, “We gained independence but we still have not reached freedom. Old values have gone. New values have not come yet.” Songulashvili remarked, “It is not an absence of religious legislation which causes religious violence and persecution but rather absence of culture, justice and general law.” Despite all the grievances noted, Bishop Songulasvili remained hopeful that there would be progress. He offered four “targets” as a solution for the current religious violence: “Family, Mass Media, School and Teaching Institutions, and Religious Congregations.” He concluded, “Our optimism for the better future should not be overshadowed by the turmoil of the present time.” Mr. Gennadi Gudadze, a Jehovah’s Witness from Tbilisi, testified to the brutality experienced by the Jehovah’s Witnesses in Georgia, including himself. He noted that “since then [October 1999], there have been 133 separate incidents involving either mob attacks, individual attacks or destruction of property.” Gudadze also pointed out that minimal action has been taken by the authorities against the criminals. He called for a three-pronged solution: apply the law, arrest the perpetrators, and remove the corrupt officials. Dr. Gia Nodia, Director of the Institute for Peace, Development, and Democracy, discussed the interrelationship between security on human rights. Dr. Nodia was very concerned with the possibility that the religious violence might evolve into political violence, hence impinging on the democratic process, causing much more turmoil within Georgia. Professor Stephen Jones of Mount Holyoke College gave a dismal summary of the current state of affairs in Georgia. He asserted that the government is failing its citizens and its current stability is based on the “thinnest of ice.” Professor Jones highlighted three main reasons for these failures: lack of economic security in Georgia; lack of proper institutions to carry out governmental and economic functions (i.e. Georgia’s current economy has shrunk 67% and industry is working at 20% of its capacity. Between 1997-2000, expenditure on defense decreased from $51.9 million to $13.6 million, education from $35.6 to $13.9 million, agriculture forestry and fishing from $13.4 to $7.2 million); and lack of political and public support for reform. Jones’ recommendation called for increased western aid, but the burden of progress lays heaviest on Georgia itself. The hearing concluded with a strong statement from Co-Chairman Smith urging the Government of Georgia to work quickly and effectively to eradicate its corruption and religious violence. He concluded his statement with these words, “Our only hope here is to try to promote human rights, democracy, and to protect the sovereignty of Georgia . . . from any forays by Russia.” An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission’s web site. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.
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publication
Democracy and Human Rights Trends in Eurasia and East Europe: A Decade of Membership in the Organization
Tuesday, December 31, 2002The ten-year anniversary of the collapse of the Union of Soviet Socialist Republics (USSR), an original signatory to the 1975 Helsinki Final Act, fell in 2001. The following year marked another milestone, perhaps less widely noted: the passage of a decade since the entry of the Eurasian and East European States into the Organization for Security and Cooperation in Europe (OSCE), which embraces all of Europe, the former Soviet Union, the United States and Canada. Membership in the organization is predicated on the acceptance of certain bedrock principles of democracy, a wide array of human rights commitments and modern norms of statecraft, including respect for the rule of law and promotion of civil society. This report conducts a review of Eastern European and Eurasian countries' records on these commitments over the course of the decade following the Soviet Union's collapse.
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briefing
Turkey: What Can We Expect After the November 3 Election?
Thursday, November 14, 2002This briefing addressed the November 3 elections, which were held during a rather turbulent time in Turkey. Turkey’s Justice and Development Party (AKP) led by Recep Tayyip Erdogan, a former mayor of Istanbul, won an unprecedented 34.27 percent of the votes in Turkey’s legislative election while the Republican People’s Party (CHP), led by Deniz Baykal, received 19.39 percent of the votes and won 178 seats in the next Parliament. Witnesses testifying at this briefing – including Abdullah Akyuz, President of the Turkish Industrialist’s and Businessmen’s Association, U.S. Representative Office; Sanar Yurdatapan, Musician and Freedom of Expression Advocate; and Jonathan Sugden, Researcher for Turkey with Human Rights Watch – addressed the massive recession face by Turkey and the concern of another war with Iraq. The effect, if any, on the rise of Islamist parties in Turkish politics is yet another concern. All of this following the recent snub by the European Union regarding Turkish accession, and increasingly bleak prospects for a resolution of the Cyprus impasse.
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briefing
Intolerance in Contemporary Russia
Tuesday, October 15, 2002Donald Kursch, senior advisor at the US Commission on Security and Cooperation in Europe, led this briefing regarding the emergence of bigotry and anti-semitic rhetoric in Russia. Kursch emphasized that the Russian Federation pledged to promote tolerance and non-discrimination and counter threats to security such as intolerance, aggressive nationalism, racist chauvinism, xenophobia and anti-Semitism. In the then open environment that prevailed in Russia, proponents of bigotry were more at ease to propagate their unwelcome messages. Experts discussed current trends as well as prospects for fostering a climate of tolerance toward ethnic and religious minorities in the Russian Federation. Ludmilla Alexeyeva, Chairperson of the Moscow Helsinki Group, presented the group’s recent report entitled “Nationalism, Xenophobia and Intolerance in Contemporary Russia.” Micah Naftalin, Executive Director of the Union of Councils for Jews in the Former Soviet Union presented its compilation on “Anti-Semitism, Xenophobia, and Religious Persecution in Russia’s Regions.”
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statement
Human Rights and Security Issues in the Republic of Georgia
Monday, October 07, 2002Mr. Speaker, on September 24, the Helsinki Commission held a hearing on democracy, human rights and security in the Republic of Georgia. Despite the progress that country has made in the development of civil society, in the last few years much of the optimism about Georgia's future has dissipated. Last year, a Georgian official devoted a large part of his public address in Washington to refuting the notion--which was being discussed at the time--that Georgia is a "failed state.'' I reject that characterization, but the hearing offered a good opportunity to discuss the serious problems Georgia does face. Preeminent among them is systemic, rampant corruption, which has impeded economic reforms and sickened the body politic. Despite lectures from the International Monetary Fund, the World Bank and the U.S. Government, the Georgian Government has proved incapable or unwilling to do what is necessary to stamp out this multidimensional problem--even though President Shevardnadze himself has called corruption a threat to Georgia's security. There are also grounds for concern about democratization. The last few elections have clearly not met OSCE standards, which raises questions about the important parliamentary election scheduled for 2003, and the 2005 presidential election that will usher in the post-Shevardnadze era in Georgia, with all the attendant uncertainties. Meanwhile, the media and NGOs have been under severe pressure. Last fall, a foolish ploy by the Ministry of Internal Affairs to intimidate Rustavi-2 Television backfired, resulting instead in the fall of the government. While society's response was heartening--thousands of people came out into the streets to defend the station--the attempt to silence one of the country's most popular media outlets indicated that some Georgian officials are still mired in Soviet patterns of thinking. Especially appalling is the ongoing religious violence in Georgia. Since 1999, there has been a campaign of assaults against members of minority faiths, especially Jehovah's Witnesses, which Georgian authorities have tolerated. Occasionally, policemen have even participated in attacks on defenseless men, women and children who have congregated for the purpose of worship. Attempts to bring the perpetrators to justice have foundered, as throngs of fanatics hijack the trial proceedings. If such travesties are allowed to continue, the country's entire judicial system is at risk of falling victim to mob rule. Though Jehovah's Witnesses have borne the brunt of this savagery, other religious minorities have suffered as well, including Baptists, Pentecostals and Catholics. Earlier this year, for example, a mob invaded a Baptist warehouse, threw the religious literature outside and burned it. How awful to think that events in Georgia today remind us of Germany in the 1930s! Georgians have a long tradition of religious tolerance, of which they are rightly proud. It is all the more puzzling, therefore, why religiously-based violence has erupted and continued only in Georgia, of all the post-Soviet states. The leadership of the Helsinki Commission and other Members of the House and Senate have been in correspondence with President Shevardnadze about this disturbing trend. He has assured us that the problem will be corrected and the perpetrators arrested. Georgia's Ambassador, Levan Mikeladze, testified at the September 24 hearing and suggested that Georgia has so little experience with religious persecution that it has been difficult to cope with its sudden emergence. He too offered assurances that Georgia fully recognizes the gravity of the problem and that legal and practical actions are being taken to ensure there will be no more violent attacks. Alas, extremists in Georgia must not have been listening. Since the September 24 hearing, more assaults have taken place. The next day, some 15 extremists of the ultra-Orthodox "Jvari'' organization in Rustavi forcibly entered a private home where Jehovah's Witnesses and their non Witness guests had gathered for Bible study. Two Witnesses and one non-Witness visitor were physically assaulted. On September 26, in the village of Napareuli, masked men with firearms burst into a private home where meetings were underway, beating those in attendance and ransacking the house. Most striking, eyewitnesses claim the attack was led by the village administrator, Mr. Nodar Paradashvili, who beat one of the victims into unconsciousness. In a third incident, on September 29, a mob gathered outside the residence of a Jehovah's Witnesses in Tbilisi. They refused to let others enter the premises where a meeting was to be held, seized Bibles and literature from the group, verbally abusing those arriving for the meeting and assaulting at least one person. In all three cases, police reportedly refused to intervene after learning that the incidents involved attacks on Jehovah's Witnesses--as has often been the case in Georgia. Mr. Speaker, there may be many explanations for this peculiar phenomenon but there can be no excuse for state toleration of such barbarity. It must end, and it must end now. Though such attacks have been one reason for Georgia's prominence in the news lately, more attention has been focused on Moscow's campaign of intimidation against Georgia. Russia has been leaning on pro-Western, strategically-located Georgia for years, but the temperature has in the last few weeks approached the boiling point. President Putin's request for United Nations backing for Russian military action against Georgia was not any less objectionable for having been anticipated. I have been watching with growing alarm as Russia ratchets up the pressure on its small neighbor. Georgian parliamentarians on September 12 unanimously approved an appeal to the United Nations, the OSCE, the European Union, the Council of Europe, and NATO for protection from anticipated Russian military aggression. Georgian lawmakers should know that their American colleagues have heard their appeal and stand with them. While we are cooperating with Russia in the war against terrorism, we have in no way given Moscow leave to attack Georgia, nor will we do so. The United States is now more than ever directly engaged in the Caucasus and is stepping up military cooperation with the region's governments, especially Georgia. While we have many issues of concern to raise with Georgia's Government, when it comes to Georgia's sovereignty and territorial integrity, there is no more ardent supporter than the United States. That has been the case for the last ten years, and it will be the case in the future as well.
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statement
Russian Democracy Act of 2002
Monday, October 07, 2002Mr. Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 2121) to make available funds under the Foreign Assistance Act of 1961 to expand democracy, good governance, and anti-corruption programs in the Russian Federation in order to promote and strengthen democratic government and civil society in that country and to support independent media. The Clerk read as follows: Senate amendments: Strike out all after the enacting clause and insert: SECTION 1. SHORT TITLE. This Act may be cited as the ``Russian Democracy Act of 2002''. SEC. 2. FINDINGS AND PURPOSES. (a) FINDINGS.--Congress makes the following findings: (1) Since the dissolution of the Soviet Union, the leadership of the Russian Federation has publicly committed itself to building-- (A) a society with democratic political institutions and practices, the observance of universally recognized standards of human rights, and religious and press freedom; and (B) a market economy based on internationally accepted principles of transparency, accountability, and the rule of law. (2) In order to facilitate this transition, the international community has provided multilateral and bilateral technical assistance, and the United States' contribution to these efforts has played an important role in developing new institutions built on democratic and liberal economic foundations and the rule of law. (3)(A) Since 1992, United States Government democratic reform programs and public diplomacy programs, including training, and small grants have provided access to and training in the use of the Internet, brought nearly 40,000 Russian citizens to the United States, and have led to the establishment of more than 65,000 nongovernmental organizations, thousands of independent local media outlets, despite governmental opposition, and numerous political parties. (B) These efforts contributed to the substantially free and fair Russian parliamentary elections in 1995 and 1999. (4) The United States has assisted Russian efforts to replace its centrally planned, state-controlled economy with a market economy and helped create institutions and infrastructure for a market economy. Approximately two-thirds of the Russian Federation's gross domestic product is now generated by the private sector, and the United States recognized Russia as a market economy on June 7, 2002. (5)(A) The United States has fostered grassroots entrepreneurship in the Russian Federation by focusing United States economic assistance on small- and medium-sized businesses and by providing training, consulting services, and small loans to more than 250,000 Russian entrepreneurs. (B) There are now more than 900,000 small businesses in the Russian Federation, producing 12 to 15 percent, depending on the estimate, of the gross domestic product of the Russian Federation. (C) United States-funded programs have contributed to fighting corruption and financial crime, such as money laundering, by helping to-- (i) establish a commercial legal infrastructure; (ii) develop an independent judiciary; (iii) support the drafting of a new criminal code, civil code, and bankruptcy law; (iv) develop a legal and regulatory framework for the Russian Federation's equivalent of the United States Securities and Exchange Commission; (v) support Russian law schools; (vi) create legal aid clinics; and (vii) bolster law-related activities of nongovernmental organizations. (6) Because the capability of Russian democratic forces and the civil society to organize and defend democratic gains without international support is uncertain, and because the gradual integration of the Russian Federation into the global order of free-market, democratic nations would enhance Russian cooperation with the United States on a wide range of political, economic, and security issues, the success of democracy in Russia is in the national security interest of the United States, and the United States Government should develop a far-reaching and flexible strategy aimed at strengthening Russian society's support for democracy and a market economy, particularly by enhancing Russian democratic institutions and education, promoting the rule of law, and supporting Russia's independent media. (7) Since the tragic events of September 11, 2001, the Russian Federation has stood with the United States and the rest of the civilized world in the struggle against terrorism and has cooperated in the war in Afghanistan by sharing intelligence and through other means. (8) United States-Russia relations have improved, leading to a successful summit between President Bush and President Putin in May 2002, resulting in a ``Foundation for Cooperation''. (b) PURPOSES.--The purposes of this Act are-- (1) to strengthen and advance institutions of democratic government and of free and independent media, and to sustain the development of an independent civil society in the Russian Federation based on religious and ethnic tolerance, internationally recognized human rights, and an internationally recognized rule of law; and (2) to focus United States foreign assistance programs on using local expertise and to give local organizations a greater role in designing and implementing such programs, while maintaining appropriate oversight and monitoring. SEC. 3. UNITED STATES POLICY TOWARD THE RUSSIAN FEDERATION. (a) SENSE OF CONGRESS.--It is the sense of Congress that the United States Government should-- (1) recognize that a democratic and economically stable Russian Federation is inherently less confrontational and destabilizing in its foreign policy and therefore that the promotion of democracy in Russia is in the national security interests of the United States; and (2) continue and increase assistance to the democratic forces in the Russian Federation, including the independent media, regional administrations, democratic political parties, and nongovernmental organizations. (b) STATEMENT OF POLICY.--It shall be the policy of the United States-- (1) to facilitate Russia's integration into the Western community of nations, including supporting the establishment of a stable democracy and a market economy within the framework of the rule of law and respect for individual rights, including Russia's membership in the appropriate international institutions; (2) to engage the Government of the Russian Federation and Russian society in order to strengthen democratic reform and institutions, and to promote transparency and good governance in all aspects of society, including fair and honest business practices, accessible and open legal systems, freedom of religion, and respect for human rights; (3) to advance a dialogue among United States Government officials, private sector individuals, and representatives of the Government of the Russian Federation regarding Russia's integration into the Western community of nations; (4) to encourage United States Government officials and private sector individuals to meet regularly with democratic activists, human rights activists, representatives of the independent media, representatives of nongovernmental organizations, civic organizers, church officials, and reform-minded politicians from Moscow and all other regions of the Russian Federation; (5) to incorporate democratic reforms, the promotion of independent media, and economic reforms in a broader United States dialogue with the Government of the Russian Federation; (6) to encourage the Government of the Russian Federation to address, in a cooperative and transparent manner consistent with internationally recognized and accepted principles, cross-border issues, including the nonproliferation of weapons of mass destruction, environmental degradation, crime, trafficking, and corruption; (7) to consult with the Government of the Russian Federation and the Russian Parliament on the adoption of economic and social reforms necessary to sustain Russian economic growth and to ensure Russia's transition to a fully functioning market economy and membership in the World Trade Organization; (8) to persuade the Government of the Russian Federation to honor its commitments made to the Organization for Security and Cooperation in Europe (OSCE) at the November 1999 Istanbul Conference, and to conduct a genuine good neighbor policy toward the other independent states of the former Soviet Union in the spirit of internationally accepted principles of regional cooperation; and (9) to encourage the G-8 partners and international financial institutions, including the World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development, to develop financial safeguards and transparency practices in lending to the Russian Federation. SEC. 4. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961. (a) IN GENERAL.-- (1) DEMOCRACY AND RULE OF LAW.--Section 498(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295(2)) is amended-- (A) in the paragraph heading, by striking ``DEMOCRACY'' and inserting ``DEMOCRACY AND RULE OF LAW''; (B) by striking subparagraphs (E) and (G); (C) by redesignating subparagraph (F) as subparagraph (I); (D) by inserting after subparagraph (D) the following: ``(E) development and support of grass-roots and nongovernmental organizations promoting democracy, the rule of law, transparency, and accountability in the political process, including grants in small amounts to such organizations; '`(F) international exchanges and other forms of public diplomacy to promote greater understanding on how democracy, the public policy process, market institutions, and an independent judiciary function in Western societies; ``(G) political parties and coalitions committed to promoting democracy, human rights, and economic reforms; ``(H) support for civic organizations committed to promoting human rights;''; and (E) by adding at the end the following: ``(J) strengthened administration of justice through programs and activities carried out in accordance with section 498B(e), including-- ``(i) support for nongovernmental organizations, civic organizations, and political parties that favor a strong and independent judiciary; ``(ii) support for local organizations that work with judges and law enforcement officials in efforts to achieve a reduction in the number of pretrial detainees; and ``(iii) support for the creation of legal associations or groups that provide training in human rights and advocacy, public education with respect to human rights-related laws and proposed legislation, and legal assistance to persons subject to improper government interference.''. (2) INDEPENDENT MEDIA.--Section 498 of the Foreign Assistance Act of 1961 (22 U.S.C. 2295) is amended-- (A) by redesignating paragraphs (3) through (13) as paragraphs (4) through (14), respectively; and (B) by inserting after paragraph (2) the following: ``(3) INDEPENDENT MEDIA.--Developing free and independent media, including-- ``(A) supporting all forms of independent media reporting, including print, radio, and television; ``(B) providing special support for, and unrestricted public access to, nongovernmental Internet-based sources of information, dissemination and reporting, including providing technical and other support for web radio services, providing computers and other necessary resources for Internet connectivity and training new Internet users in nongovernmental civic organizations on methods and uses of Internet-based media; and ``(C) training in journalism, including investigative journalism techniques that educate the public on the costs of corruption and act as a deterrent against corrupt officials.''. (b) CONFORMING AMENDMENT.--Section 498B(e) of such Act is amended by striking ``paragraph (2)(G)'' and inserting ``paragraph (2)(J)''. SEC. 5. ACTIVITIES TO SUPPORT THE RUSSIAN FEDERATION. (a) ASSISTANCE PROGRAMS.--In providing assistance to the Russian Federation under chapter 11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.), the President is authorized to-- (1) work with the Government of the Russian Federation, the Duma, and representatives of the Russian Federation judiciary to help implement a revised and improved code of criminal procedure and other laws; (2) establish civic education programs relating to democracy, public policy, the rule of law, and the importance of independent media, including the establishment of ``American Centers'' and public policy schools at Russian universities and encourage cooperative programs with universities in the United States to offer courses through Internet-based off-site learning centers at Russian universities; and (3) support the Regional Initiatives (RI) program, which provides targeted assistance in those regions of the Russian Federation that have demonstrated a commitment to reform, democracy, and the rule of law, and which promotes the concept of such programs as a model for all regions of the Russian Federation. (b) RADIO FREE EUROPE/RADIO LIBERTY AND VOICE OF AMERICA.--RFE/RL, Incorporated, and the Voice of America should use new and innovative techniques, in cooperation with local independent media sources and using local languages as appropriate and as possible, to disseminate throughout the Russian Federation information relating to democracy, free-market economics, the rule of law, and human rights. SEC. 6. AUTHORIZATION OF ASSISTANCE FOR DEMOCRACY, INDEPENDENT MEDIA, AND THE RULE OF LAW. Of the amounts made available to carry out the provision of chapter 11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.) and the FREEDOM Support Act for fiscal year 2003, $50,000,000 is authorized to be available for the activities authorized by paragraphs (2) and (3) of section 498 of the Foreign Assistance Act of 1961, as amended by section 4(a) of this Act. SEC. 7. PRESERVING THE ARCHIVES OF HUMAN RIGHTS ACTIVIST AND NOBEL PEACE PRIZE WINNER ANDREI SAKHAROV. (a) AUTHORIZATION.--The President is authorized, on such terms and conditions as the President determines to be appropriate, to make a grant to Brandeis University for an endowment for the Andrei Sakharov Archives and Human Rights Center for the purpose of collecting and preserving documents related to the life of Andrei Sakharov and the administration of such Center. (b) FUNDING.--There is authorized to be appropriated to the President to carry out subsection (a) not more than $1,500,000. SEC. 8. EXTENSION OF LAW. The provisions of section 108(c) of H.R. 3427, as enacted by section 1000(a)(7) of Public Law 106-113, shall apply to United States contributions for fiscal year 2003 to the organization described in section 108(c) of H.R. 3427. Amend the title so as to read: ``An Act to make available funds under the Foreign Assistance Act of 1961 to expand democracy, good governance, and anti-corruption programs in the Russian Federation in order to promote and strengthen democratic government and civil society and independent media in that country.''. The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New Jersey (Mr. Smith) and the gentlewoman from California (Ms. Watson) each will control 20 minutes. The Chair recognizes the gentleman from New Jersey (Mr. Smith). GENERAL LEAVE Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on the bill under consideration. The SPEAKER pro tempore. Is there objection to the request of the gentleman from New Jersey? There was no objection. Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I may consume. This bill, the Russian Democracy Act, ensures that American assistance will continue to be available to help strengthen and consolidate democracy in the Russian Federation. While this seems to be a routine measure, we should take a few minutes to note what this bill represents. The mere fact that we can talk of democracy in Russia as a reality in the present and not some dim prospect in the hazy future is one of the many wonders of the past decade that have grown familiar and now is largely taken for granted. Its existence, however, is a testament to the deep commitment to fundamental values shared by peoples all over the world. Mr. Speaker, this bill before us represents an important part of the effort to continue that democratization. It focuses our attention and assistance on many of the prerequisites of a free and a prosperous society, including the creation of a resilient civil society, the strengthening of an independent press, and the establishment of the rule of law.
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hearing
The Republic of Georgia: Democracy, Human Rights and Security
Tuesday, September 24, 2002This Commission hearing focused on democracy, human rights, and security in Georgia. The discussion reviewed the serious challenges that have been facing Georgia. In particular, the Commissioners and witnesses discussed the systematic rampant corruption which has impeded economic reforms. In addition, the Commission touched on concerning religious violence in Georgia. Since 1999, there have been many assaults against members of minority faiths, particularly the Jehovahs Witnesses.
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article
Commission Hearing Surveys State of Ethnic Relations in Kosovo
Tuesday, August 06, 2002By Bob Hand, CSCE Staff Advisor The Helsinki Commission held a hearing June 19, 2002 on the prospects for ethnic harmony in Kosovo amidst recent reports of ongoing human rights abuses against minority groups. Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing. Commissioner Senator George V. Voinovich (R-OH) also participated. "Vandalizing or bombing churches is not just wrong, it is beneath the dignity of any Albanian who suffered under the Milosevic regime," Smith said, stressing that "revenge is not justice." He condemned the inexcusable acts of repression brought upon Albanians during the former Yugoslav President's rule. Co-Chairman Smith appealed for cooperation among all parties involved and called for fostering a climate of tolerance. Leaders within Kosovo, within minority communities, and in the Yugoslav Government have a crucial role to play, Smith noted. Senator Voinovich expressed alarm over the human rights situation in Kosovo. He cited a joint report from the Organization for Security and Cooperation in Europe (OSCE) and the office of the United Nations High Commissioner for Refugees (UNHCR) on continuing areas of concern. Quoting from the report, Voinovich said, "I could not agree more with a statement made in that report: ‘Only when Kosovo's minorities feel confident in their long-term future and when all of Kosovo's displaced persons are able to exercise the choice to return to their homes, feeling assured of their safety and confident in their ability to assess institutions and participate in social, economic and political life in Kosovo on a nondiscriminatory basis will it be possible to say that the situation of minorities in Kosovo is successful.'" Based on his observations during a trip to Kosovo earlier this year, Voinovich underscored the continuing need for U.S. engagement. He concluded that the situation in the divided city of Mitrovica, where ethnically-motivated attacks persist, and along the Kosovo-Macedonian border need to be resolved through cooperation and discussion. Testifying before the Commission were Dr. Alush Gashi, representing President Ibrahim Rugova's Democratic League of Kosova in the Kosovo Parliament; Rada Trajkovic, leader of the Kosovo Serb "Return" Coalition within the Parliament; Valerie Percival, the Kosovo Field Representative for the International Crisis Group (ICG); and Deputy Prime Minister of Serbia Nebojsa Covic. Dr. Gashi expressed gratitude for the United States' leadership and promised to work with the international community to ensure that all Kosovars have equal national and human rights. He noted that Serbs currently participate in all levels of government and institutions. Further integration, however, is hindered by a Serb population that has so far refused to distance itself from Belgrade's brutal assault on Kosovar Albanians, which included numerous atrocities and 650 mass graves not yet exhumed. "The reality is that Kosovar-Albanians cannot get from Belgrade even the dead bodies of their members of families, and at this same time we are asking them to welcome live Serbs," Dr. Gashi testified in an emotional plea. Dr. Gashi acknowledged the right of Serbs to return to their homes in Kosovo. He also voiced strong opposition to "Belgrade's interference in [the] United Nations mission administration [UNMIK] in Kosovo." Dr. Trajkovic addressed a primary concern of the Kosovo Serb population, describing the fundamental unresolved issue as "the wish of the Albanians that Kosovo be exclusively their state and the wish of the Serbs that Kosovo remains part of their state." Dr. Trajkovic detailed a situation whereby the Albanian majority seeks the "Albanization and not multi-nationalization" of Kosovo. In this way, Kosovar Albanians dominate the hospitals, the universities, the media, and even the transportation sector, creating a highly segregated and polarized society. Islamic extremists, who go unpunished, are attempting to "wipe out the foundations of a civilization" by destroying churches, headstones, and cultural monuments, Trajkovic added. Ms. Percival discussed the ICG's recently released report on Kosovo, noting that Mitrovica is a "frequent flashpoint for confrontation and a source of instability." Attacks and reprisals are commonplace. Offering a multi-track plan of action, Percival recommended that the international community take four specific steps: pressure Belgrade to end its policy of incitement and continued support for parallel institutions; encourage the rule of law; establish a specially administered area in the north where Kosovar Serbs live; and promote UNMIK's transparency. Deputy Prime Minister Covic defended the right of Serbs in Kosovo to be free from "inexcusable persecution". "In Kosovo and Metohija, whatever the final solution might be, our desire is to have a strong and successful multi-ethnic society," Covic asserted. Covic said ethnic Serbs continue to flee Kosovo, in response to worrisome figures on the number of killings of Serbs, attacks, and missing persons. Kosovar leaders have shunned a bi-lingual society, inter-ethnic tolerance, unbiased police and an independent judiciary in favor of extremism, Covic maintained. Co-Chairman Smith, concerned about reports of pervasive criminality in Kosovo, raised the issues of missing persons, human trafficking, and perpetuation of parallel institutions. Ms. Percival said that UNMIK, in cooperation with the International Criminal Tribunal for the former Yugoslavia (ICTY), continues to exhume bodies from mass graves and is making efforts to account for missing persons. Though UNMIK established a trafficking and prostitution unit, the witness protection program is very weak. Mr. Covic responded that Yugoslav authorities are working hard to identify remains and find missing persons, noting the wide disparity between estimates of missing Albanians and Serbs. He added that Yugoslavia takes the issue of human trafficking very seriously and that anti-trafficking legislation is pending in Belgrade. Dr. Gashi labeled Yugoslav support for parallel institutions as an attempt to sabotage UNMIK's institutions. To calm the psychological insecurity, the Serbs have to demonstrate the will to work with us, Gashi testified. Mr. Covic stressed that parallel institutions were not created by the current Yugoslav authorities and once the Serbs' basic human rights in Kosovo are met, there will be no need for parallel institutions. Dr. Gashi reiterated his commitment to equal rights, an open civil society, and cooperation. In response to concerns raised, he indicated that a strong consensus exists among Kosovars opposing the destruction of Serb property and violence against Orthodox nuns and lay people in Kosovo. In light of the OSCE/UNCHR report, all witnesses agreed to its generally accurate portrayal of the situation and reasonable recommendations. Urging all parties to move forward, Senator Voinovich pressed for more information on allegations that Belgrade is "meddling" in the governance of Kosovo. Commissioners Smith and Voinovich pledged to continue their support for U.S. and international engagement to help resolve pressing issues in Kosovo. Any perpetrator of a human rights violation in Kosovo needs to be held accountable, Smith concluded. The hearing came to a close after Co-Chairman Smith recognized Daniel Serwer of the United States Institute for Peace (USIP) for a few closing remarks. Serwer stressed the need to support the creation of an infrastructure in which the next Kosovo parliament can effectively operate. USIP had recently hosted in Virginia a session on inter-ethnic cooperation among Kosovo parliamentarians. Thirty of the participants attended the hearing. An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission's Web site, http://www.csce.gov. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives, and one official each from the Departments of State, Defense, Commerce. United States Helsinki Commission intern Derek Politzer contributed to this article.
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statement
Introduction of Belarus Democracy Act
Thursday, June 27, 2002Mr. Speaker, I am introducing today the Belarus Democracy Act of 2002, which is intended to help promote democratic development, human rights and the rule of law in the Republic of Belarus, as well as encourage the consolidation and strengthening of Belarus’ sovereignty and independence. When measured against other European countries, the state of human rights in Belarus is abysmal – it has the worst record of any European state. Through an illegitimate 1996 referendum, Alexander Lukashenka usurped power, while suppressing the duly-elected legislature and the judiciary. His regime has blatantly and repeatedly violated basic freedoms of speech, expression, assembly, association and religion. The fledgling democratic opposition, non-governmental organizations and independent media have all faced harassment. There are credible allegations of Lukashenka regime involvement in the disappearances – in 1999 and 2000 – of opposition members and a journalist. There is growing evidence that Belarus is a leading supplier of lethal military equipment to rogue states. A draft bill is making its way in the Belarusian legislature that would restrict non-traditional religious groups. Several days ago, on June 24, two leading journalists were sentenced to two and 2 ½ years, respectively, of “restricted freedom” for allegedly slandering the Belarusian President. Despite efforts by Members of Congress, the Helsinki Commission which I co-chair, the State Department, various American NGOs, the Organization for Security and Cooperation in Europe (OSCE) and other European organizations, the regime of Alexander Lukashenka continues its hold onto power with impunity and to the detriment of the Belarusian people. One of the primary purposes of this bill is to demonstrate U.S. support for those struggling to promote democracy and respect for human rights in Belarus despite the formidable pressures they face from the anti-democratic regime. The bill authorizes increases in assistance for democracy-building activities such as support for non-governmental organizations, independent media – including radio and television broadcasting to Belarus, and international exchanges. The bill also encourages free and fair parliamentary elections, conducted in a manner consistent with international standards – in sharp contrast to recent parliamentary and presidential elections in Belarus which most assuredly did not meet democratic standards. As a result of these elections, Belarus has the distinction of lacking legitimate presidential and parliamentary leadership, which contributes to that country’s self-imposed isolation. In addition, this bill would impose sanctions against the Lukashenka regime, and deny high-ranking officials of the regime entry into the United States. Strategic exports to the Belarusian Government would be prohibited, as well as U.S. Government financing, except for humanitarian goods and agricultural or medical products. The U.S. Executive Directors of the international financial institutions would be encouraged to vote against financial assistance to the Government of Belarus except for loans and assistance that serve humanitarian needs. The bill would require reports from the President concerning the sale or delivery of weapons or weapons-related technologies from Belarus to rogue states. Mr. Speaker, finally, it is my hope that this bill will help put an end to the pattern of clear, gross and uncorrected violations of OSCE commitments by the Lukashenka regime and will serve as a catalyst to facilitate Belarus’ integration into democratic Europe in which democratic principles and human rights are respected and the rule of law prevails.
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statement
Senate Concurrent Resolution 124 - Condemning the Use of Torture and Other Forms of Cruel, Inhumane, or Degrading Treatment or Punishment in the United States and Other Countries, and Expressing Support for Victims of those Practices
Wednesday, June 26, 2002Mr. CAMPBELL (for himself, Mr. DODD, Mr. FEINGOLD, Mrs. CLINTON, and Mr. WELLSTONE) submitted the following concurrent resolution; which was referred to the Committee on the Judiciary: S. Con. Res. 124 Whereas the Eighth Amendment to the United States Constitution prohibits ``cruel and unusual punishments'' and torture is prohibited by law throughout the United States without exception; Whereas the prohibition against torture in international agreements is absolute, unqualified, and non-derogable under any circumstance, even during a state of war or national emergency; Whereas an important component of the concept of comprehensive security in a free society is the fundamental service provided by law enforcement personnel to protect the basic human rights of individuals in society; Whereas individuals require and deserve protection by law enforcement personnel and need the confidence in knowing that such personnel are not themselves agents of torture or other forms of cruel, inhumane, or degrading treatment or punishment, including extortion or other unlawful acts; Whereas individuals who are incarcerated should be treated with respect in accordance with the inherent dignity of the human person; Whereas there is a growing commitment by governments to eradicate torture and other forms of cruel, inhumane, or degrading treatment or punishment, to provide in law and practice procedural and substantive safeguards and remedies to combat such practices, to assist the victims of such practices, and to cooperate with relevant international organizations and nongovernmental organizations with the goal of eradicating such practices; Whereas torture and other forms of cruel, inhumane, or degrading treatment or punishment continues in many countries despite international commitments to take effective legislative, administrative, judicial and other measures to prevent and punish such practices; Whereas the rape of prisoners by prison officials or other prisoners, tolerated for the purpose of intimidation and abuse, is a particularly egregious form of torture; Whereas incommunicado detention facilitates the use of torture and other forms of cruel, inhumane, or degrading treatment or punishment, and may constitute, in and of itself, a form of such practices; Whereas the use of racial profiling to stop, search, investigate, arrest, or convict an individual who is a minority severely erodes the confidence of a society in law enforcement personnel and may make minorities especially vulnerable to torture and other forms of cruel, inhumane, or degrading treatment or punishment; Whereas the use of confessions and other evidence obtained through torture or other forms of cruel, inhumane, or degrading treatment or punishment in legal proceedings runs counter to efforts to eradicate such practices; Whereas more than 500,000 individuals who are survivors of torture live in the United States; Whereas the victims of torture and other forms of cruel, inhumane, or degrading treatment or punishment and their families often suffer devastating effects and therefore require extensive medical and psychological treatment; Whereas medical personnel and torture treatment centers play a critical role in the identification, treatment, and rehabilitation of victims of torture and other forms of cruel, inhumane, or degrading treatment or punishment; and Whereas each year the United Nations designates June 26 as an International Day in Support of Victims of Torture: Now, therefore, be it Resolved by the Senate (the House of Representatives concurring), That Congress-- (1) condemns the use of torture and other forms of cruel, inhumane, or degrading treatment or punishment in the United States and other countries; (2) recognizes the United Nations International Day in Support of the Victims of Torture and expresses support for all victims of torture and other forms of cruel, inhumane, or degrading treatment or punishment who are struggling to overcome the physical scars and psychological effects of such practices; (3) encourages the training of law enforcement personnel and others who are involved in the custody, interrogation, or treatment of any individual who is arrested, detained, or imprisoned, in the prevention of torture and other forms of cruel, inhumane, or degrading treatment or punishment, in order to reduce and eradicate such practices; and (4) encourages the Secretary of State to seek, at relevant international fora, the adoption of a commitment-- (A) to treat confessions and other evidence obtained through torture or other forms of cruel, inhumane, or degrading treatment or punishment, as inadmissible in any legal proceeding; and (B) to prohibit, in law and in practice, incommunicado detention. Mr. CAMPBELL. Mr. President, I am joined by Senators DODD, FEINGOLD, CLINTON, and WELLSTONE in introducing today a resolution condemning the use of torture and other forms of cruel, inhumane, or degrading treatment or punishment in the United States and other countries, and expressing support for the victims of torture. An identical version is being introduced by Congressman CHRISTOPHER H. SMITH, who co-chairs the Commission on Security and Cooperation in Europe, which I am privileged to chair. Torture is prohibited by a raft of international agreements, including documents of the 55-nation Organization for Security and Cooperation in Europe. It remains, however, a serious problem in many countries. In the worst cases, torture occurs not merely from rogue elements in the police or a lack of appropriate training among law enforcement personnel, but is systematically used by the controlling regime to target political opposition members; racial, ethnic, linguistic or religious minorities; and others. In some countries, medical professionals who treat the victims of torture have become, themselves, victims of torture in government's efforts to document this abuse and to hold perpetrators accountable. The U.S. Congress can continue to play a leadership role by signaling our unwavering condemnation of such egregious practices. Torture is, in effect, prohibited by several articles of the U.S. Constitution. Nevertheless, some commentators have suggested that torture might be an acceptable tool in the war on terrorism. I believe we should answer that proposition with a resounding ``no''. To repeat: torture is unconstitutional. Moreover, as many trained law enforcement officials note, it is also a lousy way to get reliable information. People subjected to torture will often say anything to end the torture. Finally, it makes no sense to wage war to defend our great democracy and use methods that denigrate the very values we seek to protect. Torture is unacceptable, period. The resolution I am introducing today underscores that message. It recognizes the United Nations International Day in Support of the Victims of Torture, marked each June 26th, and encourages the training of law enforcement personnel. Experts estimate that more than 500,000 individuals who are survivors of torture live in the United States. Victims of torture and other forms of cruel, inhumane, or degrading treatment or punishment and their families often suffer devastating effects and therefore require extensive medical and psychological treatment. I am pleased to note the contribution of the Rocky Mountain Survivors Center, located in Denver, CO, in meeting the needs of torture survivors living in Colorado. The Rocky Mountain Center and similar torture treatment centers located elsewhere in the United States play a critical role in the identification, treatment, and rehabilitation of victims of torture and deserve our continued support. As we mark the United Nations International Day in Support of the Victims of Torture, I urge my colleagues to declare their opposition to torture and solidarity with torture survivors by lending their support to this resolution.
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statement
Human Rights Concerns in Kazakhstan
Friday, June 21, 2002Mr. Speaker, I rise to introduce a resolution that expresses deep concern about ongoing violations of human rights in Kazakhstan. President Nursultan Nazarbaev, the authoritarian leader of this energy-rich country, has been flagrantly flouting his OSCE commitments on democratization, human rights, and the rule of law, and thumbing his nose at Washington as well. In the 106th Congress, there was a near unanimous vote in the House for a resolution I introduced voicing dismay about general trends in Central Asia. We sent a strong signal to leaders and opposition groups alike in the region about where we stand. Since then, the overall situation has not gotten better--throughout the region, super presidents continue to dominate their political systems. But their drive to monopolize wealth and power while most people languish in poverty is finally producing a backlash. Today in Central Asia, things are stirring for the first time in a decade. Even in quasi-Stalinist Turkmenistan, an opposition movement-in-exile led by former high ranking government officials has emerged which openly proclaims its intention of getting rid of dictator Saparmurat Niyazov. In Kyrgyzstan, disturbances in March, when police killed six protesters calling for the release of a jailed parliamentarian, were followed by larger demonstrations that forced President Akaev in May to dismiss his government. The iron-fisted Islam Karimov of Uzbekistan, under considerable pressure from Washington, has made some limited concessions to domestic and international public opinion, sentencing policemen to prison terms for torturing detainees and formally lifting censorship. In Kazakhstan, however, President Nursultan Nazarbaev has reacted differently to domestic pressure and to Washington's calls for reforms to keep repression from breeding terrorism. Since last fall, Nazarbaev has cracked down hard, when his position became a little shakier. First we saw squabbles within the ruling--or should I say, "royal''?--family burst out into the open when Nazarbaev demoted his powerful son-in-law. Then a new opposition movement emerged, headed by former officials who called for urgent reforms. Two of the leaders of that movement are now in prison. Subsequently, Kazakhstan's prime minister had to acknowledge the existence of $1 billion stashed in a Swiss bank account under Nazarbaev's name. Some of the few opposition legislators allowed into parliament have demanded more information about the money and about any other possible hoards in foreign banks. This would be a scandal in any country. But with a consistency worthy of a nobler goal, Nazarbaev's regime has for years stifled the opposition and independent media. And as detailed in a recent Washington Post story, which I ask to be inserted for the Record, Kazakh authorities have recently intensified their assault on those few remaining outlets, employing methods that can only be described as grotesque and revolting. In one case, the editor of an opposition newspaper found a decapitated dog hanging outside her office. Attached to a screwdriver stuck into its body was a message that read "there won't be a next time.'' On May 23, the State Department issued a statement expressing "deep concern'' that these assaults "suggest an effort to intimidate political opposition leaders in Kazakhstan and the independent media and raise serious questions about the safety of the independent media in Kazakhstan.'' That statement did not have the desired effect--last week, someone left a human skull on a staircase in the building where the editorial office of another newspaper is located. Mr. Speaker, after September 11, the U.S. Government moved to consolidate relationships with Central Asian states, seeking cooperation in the battle with terrorism. But Washington also made plain that we expected to see some reform in these entrenched dictatorships, or we would all have to deal with consequences in the future. Nursultan Nazarbaev has ignored this call. Increasingly nervous about revelations of high-level corruption, he is obviously determined to do anything necessary to remain in power and to squelch efforts to inform Kazakhstan's public of his misdeeds. But even worse, he seems convinced that he can continue with impunity as his goons brutally threaten and assault the brave men and women who risk being journalists in a country so hostile to free speech. Mr. Speaker, against this backdrop, I am introducing this resolution, which expresses concern about these trends, calls on Kazakhstan's leadership to observe its OSCE commitments and urges the U.S. Government to press Kazakhstan more seriously. I hope my colleagues will support this resolution and I look forward to their response. [Washington Post Foreign Service, Mon., June 10, 2002] NEW REPRESSION IN KAZAKHSTAN JOURNALISTS TARGETED AFTER PRESIDENT IMPLICATED IN SCANDAL (By Peter Baker) ALMATY, KAZAKHSTAN. "There won't be a next time.'' The dog's missing head was left along with a similar note at Petrushova's house. Three nights later, someone threw three molotov cocktails into her office and burned it to the ground. The political climate in this oil-rich former Soviet republic has taken a decidedly ominous turn in recent weeks, ever since the revelation that the country's president, Nursultan Nazarbayev, secretly stashed $1 billion of state money in a Swiss bank account 6 years ago. As the scandal blossomed, opposition leaders were suddenly arrested, newspapers and television stations shut down, and critical journalists beaten in what foes of the government consider a new wave of repression. What inspectors and regulators have not accomplished, mysterious vandals have. One of the country's leading television stations was knocked off the air when its cable was sliced in the middle of the night. Shortly after it was repaired, the cable was rendered useless again when someone shot through it. "Everything that's been achieved over the last 10 years, it's been wiped out,'' Petrushova lamented. "This political system we have is still Soviet,'' said Yevgeny Zhovits, director of the Kazakhstan International Bureau for Human Rights and the Rule of Law. "By its spirit, by its nature, by its attitude toward personal freedom, it's still Soviet.'' The tale of intrigue emerging in Kazakhstan, while familiar across the former Soviet Union, takes on special significance in Central Asia, a region that has become far more important to the United States as it fights a war in nearby Afghanistan. The case also sheds some light on the tangled world of oil, money and politics in a country with massive energy reserves. The U.S. Embassy and the State Department have issued statements condemning the pattern of events and fretting about the state of democracy in a country still run by its last Communist boss. But many reformers in Kazakhstan worry that the West has effectively turned its eyes away from human rights abuses to maintain the international coalition against terrorism. "All this is happening with the silent consent of the West,'' said Assylbeck Kozhakhmetov, a leading figure in Democratic Choice for Kazakhstan, an opposition party founded last year. Until Sept. 11, Nazarbayev's government worried about offending the West, he noted, but not anymore. "The ostrich party of Western democracies actually unties the hands of dictators.'' Nazarbayev, a burly, 61-year-old former steel mill blast-furnace operator, has run this giant, dusty country of 17 million people with an authoritarian style. Nazarbayev was a former member of the Soviet Politburo who took over as head of the republic in 1990, became president after independence in 1991, and continued to dominate Kazakhstan through uncompetitive elections and a referendum extending his term. His relationship with oil companies has prompted investigations in Switzerland and the United States as prosecutors in both countries probe whether an American lobbyist helped steer millions of dollars in oil commissions to him and other Kazakh leaders. The long-brewing questions about such transfers and rumors of foreign bank accounts erupted into a full-blown scandal in April when Nazarbayev's prime minister admitted to parliament that the president diverted $1 billion to a secret Swiss bank account in 1996. The money came from the sale that year of a 20 percent stake in the valuable Tengiz offshore oil fields to Chevron. The prime minister, Imangali Tasmagambetov, said that Nazarbayev had sent the money abroad because he worried that such a large infusion of cash into Kazakhstan would throw the currency into a tailspin. Although he never disclosed the secret fund to parliament, Nazarbayev used it twice to help stabilize the country during subsequent financial crises, Tasmagambetov said. In an inter-view last week, a top government official dismissed the significance of the revelation and the resulting furor. "The so-called Kazakh-gate, the government officially explained this,'' said Ardak Doszham, the deputy minister of information. "There was a special reserve account set up by the government. It's a normal account that can be managed by officials appointed by the government. It's not managed by individuals. The money that goes into it is state money, and it's supposed to be used to meet the needs of the state.'' Asked who knew about it, Doszham could identify only three men, Nazarbayev, the prime minister and the chairman of the national bank. Asked why lawmakers were never informed, he said, "It was impossible to raise this issue before parliament because it would have elicited many questions.'' But opposition leaders and journalists said Nazarbayev finally revealed the account this spring only after they pushed Swiss prosecutors for information. The opposition and journalists said they believe the president announced the $1 billion fund only as a smoke screen to obscure other matters still under investigation by the Swiss and U.S. prosecutors. "All around there is bribe-taking and stealing and mafia,'' said Serikbolsyn Abdildin, the head of the Communist Party and one of two parliament deputies whose information request to prosecutors preceded the announcement. "There's corruption in the top echelon of power.'' The disclosure of the $1 billion Swiss fund was designed to "fool public opinion,'' he said. The disclosures have coincided with an escalating series of troublesome incidents for those who do not defer to the government. Just days before Tasmagambetov's speech to parliament, Kazakh authorities arrested opposition politician Mukhtar Abilyazov, while his colleague, Ghalymzhan Zhaqiyanov, avoided a similar fate only by fleeing into the French Embassy here in Almaty, the former capital, two days later. After assurances from Kazakh authorities, he left the embassy, and promptly was also taken into custody. The government insisted it was pursuing embezzlement charges against the two, both founding members of Democratic Choice. The opposition called it blatant harassment. Other opposition figures began to feel the heat as well. While independent media in Kazakhstan have often experienced difficulty in the decade since independence, a string of frightening episodes convinced many journalists that they were being targeted. The government began enforcing a five-year-old law requiring television stations to ensure that 50 percent of their broadcasts were aired in the native Kazakh tongue, a language that in practice remains secondary to Russian here. Most television stations cannot afford to develop such programming and prefer to buy off-the-shelf material from Russia, including dubbed Western television shows and movies. As government agents swarmed in and began monitoring channels this spring, they began seizing licenses of those stations that did not comply. Similarly, inspectors showed up at newspaper offices demanding to see registration papers and suspending those publications that did not have everything in order. Some that did not list their addresses properly were abruptly shut down. Printing houses began refusing to publish other papers, and one printing house was burned down in unclear circumstances. Tamara Kaleyeva, president of the International Foundation for Protection of Speech here, said about 20 newspapers have been forced to stop publishing and about 20 television stations have been shut down or face closure. "It appears the Swiss accounts are the reason for a terrible persecution against free speech,'' she said. Added Rozlana Taukina, president of the Central Asia Independent Mass Media Association, "The country is turning into an authoritarian regime.'' Doszham, the deputy minister, denied any political motivations behind the recent actions. Television stations had been flouting the language law, he said, and the government has suspended about seven or eight, and gone to court to recall the licenses of another six or seven. Similarly, he said, newspapers had been violating requirements. "The law is harsh,'' he said, "but the law is the law.'' Even more harsh, however, has been an unofficial but often violent crackdown. It is not known who is orchestrating it. Bakbytzhan Ketebayev, president of Tan Broadcasting Co., whose Tan TV station was among the best known in Kazakhstan, has been off the air for two months following repeated attacks on his cable. Even after it was repaired following the gunshots, it was damaged yet again when someone drove three nails in it. "Once it's an accident, twice it may be an accident,'' he said. "But three times is a trend.'' At the newspaper Soldat, which means soldier in Russian but is also a play on words in Kazakh meaning "that one demands to speak,'' the assault was more personal. One day in late May, four young men burst into the newspaper office and beat two workers there, bashing one woman's head so hard she remains in the hospital. They also took the computer equipment. Ermuram Bali, the editor, said the attack came the day before the weekly was to run the second of two installments reprinting a Seymour Hersh piece from the New Yorker about oil and corruption in Kazakhstan. "This is the last warning against you,'' he said the assailants told his staff. Other journalists have been physically attacked as well. And then there was Petrushova and the headless dog. Like Soldat, her newspaper, the Republic Business Review, had written about the scandal. Then the mutilated animal was found May 19, and finally the newspaper office was set aflame on May 22. Petrushova suspects state security agencies were behind the incidents but cannot prove it. "The throne started to waver, and in order to hold it in place, all sorts of measures are being used,'' she said. Now she works out of borrowed offices at Tan TV headquarters, putting out the newspaper on her own typographical machine and stapling each issue. "It's just like it was in the time of the Soviet Union.''
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article
Commission Hearing Examines Cooperation in the War on Terrorism in the OSCE Region
Tuesday, June 04, 2002United States and European officials testified before a May 8, 2002 hearing of the Commission on Security and Cooperation in Europe on the degree of cooperation among OSCE participating States in the war against terrorism. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing with participation by Ranking Member Rep. Steny H. Hoyer (D-MD), Commissioners Rep. Benjamin L. Cardin (D-MD), Rep. Joseph R. Pitts (R-PA),Rep. Alcee L. Hastings (D-FL), Rep. Frank R. Wolf (R-VA), and Rep. Robert B. Aderholt (R-AL). Portuguese Foreign Minister Antonio Martins da Cruz testified in his capacity as OSCE Chairman-in-Office, while Spain’s Ambassador to the United States, Javier Ruperez, spoke on behalf of the European Union. The State Department’s Principal Deputy Coordinator for Counter-Terrorism, Mark Wong, and the Treasury Department’s Under Secretary for Enforcement, Jimmy Gurulé, represented the Administration. OSCE to Focus on Policing, Border Control, Trafficking and Money Laundering While the OSCE participating States have undertaken anti-terrorism commitments dating as far back as the 1975 Helsinki Final Act, the September 11 terrorist attacks against the United States have given new urgency to cooperation in combating the threats posed by terrorism. Last December, the 55 participating States adopted a Decision on Combating Terrorism at the Bucharest OSCE Ministerial Meeting and subsequently agreed to a Plan of Action at an OSCE and UN-sponsored international conference on strengthening efforts to counter terrorism held in Bishkek, Kyrgyzstan. At the hearing, Foreign Minister Martins da Cruz outlined related measures taken under Portugal’s chairmanship, including the appointment of former Danish Defense Minister Jan Troejborg to serve as the Chairman’s personal representative in coordinating OSCE activities relating to terrorism. Martins da Cruz highlighted policing, border control, trafficking and money laundering as four strategic areas for OSCE focus and noted the establishment of an anti-terrorism unit within the OSCE Secretariat to develop concrete projects in these areas. The Minister described a meeting of secretaries general and other high representatives of international and regional organizations to be held in Lisbon, on June 12, with the aim of enhancing collaboration and coordination on anti-terrorism initiatives. Finally, the Foreign Minister suggested that new measures to fight terrorism, and the financing of it, could be elaborated in an OSCE charter on terrorism. Skeptics have questioned the need for such a charter given the extensive body of existing OSCE anti-terrorism commitments and action plans. Several Helsinki Commissioners emphasized the responsibility first and foremost of the participating States themselves to implement such commitments whether through unilateral or bilateral action as well as multilateral initiatives undertaken by the OSCE. Co-Chairman Smith noted that “terrorists survive and thrive thanks to organized criminal activity, official corruption, inadequate law enforcement and state repression. The OSCE has developed an ability unique among international organizations to highlight these problems and encourage solutions, through multilateral cooperation and the implementation of commitments made by each participating State.” Commission Chairman Senator Ben Nighthorse Campbell (R-CO) echoed this theme in prepared remarks, “The OSCE participating States can make a meaningful contribution to the antiterrorism campaign by focusing on the OSCE principles of democracy, human rights and the rule of law while promoting practical cooperation in combating corruption and international crime – issues closely linked to terrorism.” “It would be a mistake if the OSCE were to be a mere talk shop on terrorism, ” commented Ranking Commissioner Steny H. Hoyer (D-MD). “The organization needs to engage: coordinating activities, reporting from the field, encouraging action to be taken as necessary by the participating States.” Commissioner Pitts, noting how many OSCE countries disregard their commitments, particularly in human rights, asked if there was really much value to negotiating an OSCE charter on terrorism instead of encouraging States to implement existing commitments. The Foreign Minister defended the proposal, arguing that a charter would serve as a useful guideline, especially for countries making the transition to a democracy. Contribution of the European Union Ambassador Javier Ruperez assured the Commission that the European Union “stands firmly with the people of this country, of the United States of America, and with its government in its common struggle against terrorism.” Ruperez then highlighted steps taken by the EU, leading up to the May 2nd Washington summit between President George W. Bush and EU President José María Aznar, with the fight against terrorism as its top priority. The EU Member States have agreed to a common definition of terrorism, adopted a Europe-wide arrest warrant (which the EU would like to extend bilaterally with the United States), and developed law enforcement and judicial cooperation through EUROPOL and EUROJUST. At the U.S.-EU summit, parties negotiated mandates for treaties on extradition and mutual legal assistance. Ruperez stressed the importance of ongoing efforts aimed at developing a consolidated list of individuals and organizations considered to be terrorist by both the EU and the United States. He expressed Spain’s pride in presiding over the EU while these developments were accomplished, especially given Spain’s own struggle against terrorism. Co-Chairman Smith stressed the need to cooperate not only in preventing terrorist acts, but in dealing with them once they occur. Noting the attack on the World Trade Center and the subsequent spread of anthrax in the mail in his own congressional district, Smith expressed shock at how unprepared the authorities were to deal with such catastrophic events. “It’s a matter of when and not if,” Smith said. “I hate to say it, but I think there are enough people who are so radical, so extreme and so full of hate with access to potential weapons of mass destruction that we’ve got to prepare for the worst and pray it never happens.”Views from State and Treasury Mark Wong of the State Department’s Office for Counter-Terrorism stressed President Bush’s definition of the campaign against terrorism as multi-dimensional, entailing not just bilateral but multilateral cooperation in a variety of areas. “All partners in this battle have something to contribute and we all need that contribution,” Mr. Wong said. “No nation, even one as powerful as the United States, can succeed in this long-term battle going it alone.” Mr. Wong praised the EU for its support of the United States, especially in regard to the military response and the efforts to cut terrorist financing. He also called the OSCE one of the “most energetic and cooperative organizations” not only in rallying its participating States to respond to terrorism but also in promoting human rights and democracy building, which, along with the rule of law are “fundamental elements of our broad-based counter-terrorism strategy.” Mr. Wong also said that OSCE police training activities, focused on the Balkans, are very useful in the long-range fight against terrorism. The Coordinator also noted OSCE comprehensive membership as an asset, and pointed to U.S.-Russian cooperation in the OSCE response to terrorism. In his testimony, Secretary Gurulé detailed accomplishments to date in cutting the finances of terrorists. “Treasury has named 210 individuals and entities as financiers of terrorism,” Gurulé said, “and has blocked over $34.3 million in assets. Our coalition partners have blocked an additional $81.3 million. One hundred ninety-six nations have expressed support to disrupt terrorist financing, and 161 nations have blocking orders in place. It would do little good if the Treasury Department issued blocking orders on the bank accounts of terrorist financiers but the terrorists were, nonetheless, able to move their money globally through foreign bank accounts. It was imperative to work closely with our international partners to develop an international coalition to go after terrorist funds.” Secretary Gurulé saw potential for the OSCE as a clearinghouse for linking particular needs of participating States regarding a range of issues from anti-terrorist financing initiatives to expertise of terrorist networks. He noted that there is the will to cooperate but sometimes not the technical ability, legislation or law enforcement mechanisms to conduct complex money laundering and terrorist financing investigations. Country Critiques Particular concerns regarding countries or geographic areas within the OSCE region were raised either during the hearing or in subsequent questions submitted to the State and Treasury Departments which, along with official responses, will become part of the hearing record. Belarus was highlighted for allegedly selling weapons to rogue state sponsors of terrorism. Recent reports that Ukraine and the Czech Republic had also sold or allowed the delivery of weapons to countries like Iraq were raised as well. Commission Members expressed fear that the United States was working with governments in countering terrorism threats that also used such threats as a pretext to deny basic human rights, silence opposition or thwart religious freedoms. Concerns were also voiced with respect to developments in Uzbekistan, Kazakhstan and Georgia. Inquiries were made regarding the extent to which the Russian Federation is cooperating on the financial front and in isolating terrorist-supporting states around the globe. Finally, southeastern Europe was noted for being vulnerable to organized crime and corruption, especially in smuggling and trafficking, which could be used to help finance terrorist organizations. With the OSCE Parliamentary Assembly’s Berlin Annual Session slated to focus on terrorism, several Commissioners asked the Administration witnesses for suggestions on issues relating to the war on terrorism which could be pursued during the course of the meeting in early July. An un-official transcript of the hearing is accessible through the Helsinki Commission’s Internet web site at http://www.csce.gov. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.
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Commission Hearing Examines Cooperation in the War on Terrorism in the OSCE Region
Tuesday, June 04, 2002United States and European officials testified before a May 8, 2002 hearing of the Commission on Security and Cooperation in Europe on the degree of cooperation among OSCE participating States in the war against terrorism. Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) chaired the hearing with participation by Ranking Member Rep. Steny H. Hoyer (D-MD), Commissioners Rep. Benjamin L. Cardin (D-MD), Rep. Joseph R. Pitts (R-PA), Rep. Alcee L. Hastings (D-FL), Rep. Frank R. Wolf (R-VA), and Rep. Robert B. Aderholt (R-AL). Portuguese Foreign Minister Antonio Martins da Cruz testified in his capacity as OSCE Chairman-in-Office, while Spain’s Ambassador to the United States, Javier Ruperez, spoke on behalf of the European Union. The State Department’s Principal Deputy Coordinator for Counter-Terrorism, Mark Wong, and the Treasury Department’s Under Secretary for Enforcement, Jimmy Gurulé, represented the Administration. OSCE to Focus on Policing, Border Control, Trafficking and Money Laundering While the OSCE participating States have undertaken anti-terrorism commitments dating as far back as the 1975 Helsinki Final Act, the September 11 terrorist attacks against the United States have given new urgency to cooperation in combating the threats posed by terrorism. Last December, the 55 participating States adopted a Decision on Combating Terrorism at the Bucharest OSCE Ministerial Meeting and subsequently agreed to a Plan of Action at an OSCE and UN-sponsored international conference on strengthening efforts to counter terrorism held in Bishkek, Kyrgyzstan. At the hearing, Foreign Minister Martins da Cruz outlined related measures taken under Portugal’s chairmanship, including the appointment of former Danish Defense Minister Jan Troejborg to serve as the Chairman’s personal representative in coordinating OSCE activities relating to terrorism. Martins da Cruz highlighted policing, border control, trafficking and money laundering as four strategic areas for OSCE focus and noted the establishment of an anti-terrorism unit within the OSCE Secretariat to develop concrete projects in these areas. The Minister described a meeting of secretaries general and other high representatives of international and regional organizations to be held in Lisbon, on June 12, with the aim of enhancing collaboration and coordination on anti-terrorism initiatives. Finally, the Foreign Minister suggested that new measures to fight terrorism, and the financing of it, could be elaborated in an OSCE charter on terrorism. Skeptics have questioned the need for such a charter given the extensive body of existing OSCE anti-terrorism commitments and action plans. Several Helsinki Commissioners emphasized the responsibility first and foremost of the participating States themselves to implement such commitments whether through unilateral or bilateral action as well as multilateral initiatives undertaken by the OSCE. Co-Chairman Smith noted that “terrorists survive and thrive thanks to organized criminal activity, official corruption, inadequate law enforcement and state repression. The OSCE has developed an ability unique among international organizations to highlight these problems and encourage solutions, through multilateral cooperation and the implementation of commitments made by each participating State.” Commission Chairman Senator Ben Nighthorse Campbell (R-CO) echoed this theme in prepared remarks, “The OSCE participating States can make a meaningful contribution to the antiterrorism campaign by focusing on the OSCE principles of democracy, human rights and the rule of law while promoting practical cooperation in combating corruption and international crime – issues closely linked to terrorism.” “It would be a mistake if the OSCE were to be a mere talk shop on terrorism,” commented Ranking Commissioner Steny H. Hoyer (D-MD). “The organization needs to engage: coordinating activities, reporting from the field, encouraging action to be taken as necessary by the participating States.” Commissioner Pitts, noting how many OSCE countries disregard their commitments, particularly in human rights, asked if there was really much value to negotiating an OSCE charter on terrorism instead of encouraging States to implement existing commitments. The Foreign Minister defended the proposal, arguing that a charter would serve as a useful guideline, especially for countries making the transition to a democracy. Contribution of the European Union Ambassador Javier Ruperez assured the Commission that the European Union “stands firmly with the people of this country, of the United States of America, and with its government in its common struggle against terrorism.” Ruperez then highlighted steps taken by the EU, leading up to the May 2nd Washington summit between President George W. Bush and EU President José María Aznar, with the fight against terrorism as its top priority. The EU Member States have agreed to a common definition of terrorism, adopted a Europe-wide arrest warrant (which the EU would like to extend bilaterally with the United States), and developed law enforcement and judicial cooperation through EUROPOL and EUROJUST. At the U.S.-EU summit, parties negotiated mandates for treaties on extradition and mutual legal assistance. Ruperez stressed the importance of ongoing efforts aimed at developing a consolidated list of individuals and organizations considered to be terrorist by both the EU and the United States. He expressed Spain’s pride in presiding over the EU while these developments were accomplished, especially given Spain’s own struggle against terrorism. Co-Chairman Smith stressed the need to cooperate not only in preventing terrorist acts, but in dealing with them once they occur. Noting the attack on the World Trade Center and the subsequent spread of anthrax in the mail in his own congressional district, Smith expressed shock at how unprepared the authorities were to deal with such catastrophic events. “It’s a matter of when and not if,” Smith said. “I hate to say it, but I think there are enough people who are so radical, so extreme and so full of hate with access to potential weapons of mass destruction that we’ve got to prepare for the worst and pray it never happens.” Views from State and Treasury Mark Wong of the State Department’s Office for Counter-Terrorism stressed President Bush’s definition of the campaign against terrorism as multi-dimensional, entailing not just bilateral but multilateral cooperation in a variety of areas. “All partners in this battle have something to contribute and we all need that contribution,” Mr. Wong said. “No nation, even one as powerful as the United States, can succeed in this long-term battle going it alone.” Mr. Wong praised the EU for its support of the United States, especially in regard to the military response and the efforts to cut terrorist financing. He also called the OSCE one of the “most energetic and cooperative organizations” not only in rallying its participating States to respond to terrorism but also in promoting human rights and democracy building, which, along with the rule of law are “fundamental elements of our broad-based counter-terrorism strategy.” Mr. Wong also said that OSCE police training activities, focused on the Balkans, are very useful in the long-range fight against terrorism. The Coordinator also noted OSCE comprehensive membership as an asset, and pointed to U.S.-Russian cooperation in the OSCE response to terrorism. In his testimony, Secretary Gurulé detailed accomplishments to date in cutting the finances of terrorists. “Treasury has named 210 individuals and entities as financiers of terrorism,” Gurulé said, “and has blocked over $34.3 million in assets. Our coalition partners have blocked an additional $81.3 million. One hundred ninety-six nations have expressed support to disrupt terrorist financing, and 161 nations have blocking orders in place. It would do little good if the Treasury Department issued blocking orders on the bank accounts of terrorist financiers but the terrorists were, nonetheless, able to move their money globally through foreign bank accounts. It was imperative to work closely with our international partners to develop an international coalition to go after terrorist funds.” Secretary Gurulé saw potential for the OSCE as a clearinghouse for linking particular needs of participating States regarding a range of issues from anti-terrorist financing initiatives to expertise of terrorist networks. He noted that there is the will to cooperate but sometimes not the technical ability, legislation or law enforcement mechanisms to conduct complex money laundering and terrorist financing investigations. Country Critiques Particular concerns regarding countries or geographic areas within the OSCE region were raised either during the hearing or in subsequent questions submitted to the State and Treasury Departments which, along with official responses, will become part of the hearing record. Belarus was highlighted for allegedly selling weapons to rogue state sponsors of terrorism. Recent reports that Ukraine and the Czech Republic had also sold or allowed the delivery of weapons to countries like Iraq were raised as well. Commission Members expressed fear that the United States was working with governments in countering terrorism threats that also used such threats as a pretext to deny basic human rights, silence opposition or thwart religious freedoms. Concerns were also voiced with respect to developments in Uzbekistan, Kazakhstan and Georgia. Inquiries were made regarding the extent to which the Russian Federation is cooperating on the financial front and in isolating terrorist-supporting states around the globe. Finally, southeastern Europe was noted for being vulnerable to organized crime and corruption, especially in smuggling and trafficking, which could be used to help finance terrorist organizations. With the OSCE Parliamentary Assembly’s Berlin Annual Session slated to focus on terrorism, several Commissioners asked the Administration witnesses for suggestions on issues relating to the war on terrorism which could be pursued during the course of the meeting in early July. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.
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article
HEARING FOCUSES ON RUSSIAN-CHECHEN WAR
Thursday, May 16, 2002By John J. Finerty CSCE Staff Advisor The United States Helsinki Commission conducted a hearing on the latest developments in the conflict in Chechnya on May 9, 2002. Commissioner Rep. Robert B. Aderholt (R-AL) chaired the hearing. Commissioners Rep. Joseph R. Pitts (R-PA) and Rep. Alcee L. Hastings (D-FL) also participated. Testifying before the Commission were Steven Pifer, Deputy Assistant Secretary for European and Eurasian Affairs at the U.S. Department of State; Ms. Aset Chadaeva, a pediatric nurse and former resident of Chechnya; Andrei Babitsky, Radio Liberty correspondent and author of Undesirable Witness; and Anatol Lieven, Senior Associate at the Carnegie Endowment for International Peace. “The United States Government is committed to doing all that we can to bring about an end to this conflict and to relieve the suffering of the civilian population,” testified Secretary Pifer. He asserted that the issue of Chechnya has been raised frequently by U.S. government officials with their counterparts, and President George W. Bush discussed it with President Vladimir Putin last November. “We anticipate it will come up at the summit in Moscow and St. Petersburg in two weeks,” Pifer said. “We seek a political settlement that will end the fighting, promote reconciliation, and recognize the territorial integrity of the Russian Federation [as well as] accountability for human rights abuses committed by all sides, and unimpeded access to the displaced by humanitarian organizations,” Pifer elaborated. Referring to U.S. concern about links of some Chechen forces with international terrorist groups, Secretary Pifer stated that the United States Government has called on Chechen President Aslan Maskhadov and other moderate Chechens to disassociate themselves from terrorists. On this point, Pifer noted the United States Government’s efforts to train and equip Georgian military units to deal with terrorist elements in the Pankisi Gorge adjacent to Chechnya’s southern border. Pifer testified that the United States has been the largest single provider of humanitarian aid to the North Caucasus. Since 1999 the U.S. Government has contributed more than 30 million dollars to relieve war-related suffering in the region. Ms. Chadaeva presented gripping testimony based on her work as a nurse in the Chechen town of Aldi on February 5, 2000, when Russian contract soldiers conducted a “cleansing operation” that left sixty civilians dead. “They threw grenades into basements where people were hiding,” Chadaeva said. “They executed unarmed men, women, old people and children. The victims ranged in age from a one-year-old baby to an eighty-two-year-old woman. They killed a woman who was eight months pregnant and her one-year-old son. All my patients who had been wounded during the bombings, who were getting well, were killed and their bodies burned.” Asked if the soldiers intended to kill their victims or if the casualties were the result of random grenades, Chadaeva replied, “these people were killed by being shot in the head...the soldiers knew exactly whom they were killing.” Concluding her description of wanton killing of Chechen civilians by Russian forces, Ms. Chadaeva asked “Is it really necessary to have millions of victims to call such behavior genocide? Isn’t the death of 100,000 Chechens since 1994 in the two Russian-Chechen wars sufficient reason for effective international action to end the conflict and the agony of the Chechen people?” Andrei Babitsky briefly described the fate of people killed for unknown reasons in Chechnya their bodies found bearing signs of torture. They were killed, he said, “as part of the anarchy and arbitrary rule which is now the order of the day in Chechnya.” The Radio Liberty correspondent then described the efforts made by Russian authorities, to prevent information about the war, especially human rights violations and atrocities against non-combatants, from reaching the general public. Moscow had succeeded in creating a “ghetto” of the war zone, he asserted, “shut off from the sight and influence of the outside world.” The main issue, Babitsky contended, is not how individual Russian journalists view the war. Most reporters agree with the official position that Moscow is waging an “anti-terrorist” and “anti-separatist” operation. “The main issue is that the Russian military and the Kremlin have banned reports on killings, torture and kidnaping of civilians by the Russian military,” Babitsky said. “The lack of information about Chechnya is one of the most effective ways to create a situation in which killers and kidnappers in epaulets can operate without legal accountability.” Regarding assertions by Moscow of Chechen involvement with Al Qaeda and the Taliban, Babitsky noted that during a recent visit to Afghanistan, neither he nor other Russian journalists found any Chechen fighters, despite a concerted search. Anatol Lieven observed that the United States now recognizes the presence of international Islamic militant forces in Chechnya and Georgia, whereas earlier, “this was downplayed or even ignored altogether by wide sections of U.S. officialdom, the media and public opinion.” The prevention or elimination of lawless areas and quasi-states in the Muslim world – of which Chechnya between 1996 and 1999 was one – is now recognized as a vital U.S. national interest, since such areas can all too easily become safe havens for Al Qaeda or allied groups,” Lieven continued. Nevertheless, Lieven stated, “while extremists and terrorists have established a strong presence in Chechnya, they have been able to do so because of the legitimate grievances and the great suffering of the Chechen people...The initial appearance of these forces – as in Afghanistan – was due to the brutal Russian military intervention of 1994-96; and the way in which they were able to carve out a powerful position for themselves in 1996-99 owed an enormous amount to the destruction, brutalization, and radicalization left behind by that war.” Summing up, Lieven suggested that U.S. goals should be the destruction or exclusion of the radicals followed by a sharp reduction of the Russian military presence, free elections for a Chechen administration, and the restoration of autonomy. However, he concluded, “before it can embark on any such path the U.S. needs to think very seriously about the correct balance between sympathy for Chechen suffering, respect for Russian security and sovereignty, and America’s own vital interests in this region, in the context of the wider war against terrorism.” An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission’s Internet web site. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.
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article
Hearing Focuses on Russian-Chechen War
Thursday, May 16, 2002The United States Helsinki Commission conducted a hearing on the latest developments in the conflict in Chechnya on May 9, 2002. Commissioner Rep. Robert B. Aderholt (R-AL) chaired the hearing. Commissioners Rep. Joseph R. Pitts (R-PA) and Rep. Alcee L. Hastings (D-FL) also participated. Testifying before the Commission were Steven Pifer, Deputy Assistant Secretary for European and Eurasian Affairs at the U.S. Department of State; Ms. Aset Chadaeva, a pediatric nurse and former resident of Chechnya; Andrei Babitsky, Radio Liberty correspondent and author of Undesirable Witness; and Anatol Lieven, Senior Associate at the Carnegie Endowment for International Peace. “The United States Government is committed to doing all that we can to bring about an end to this conflict and to relieve the suffering of the civilian population,” testified Secretary Pifer. He asserted that the issue of Chechnya has been raised frequently by U.S. government officials with their counterparts, and President George W. Bush discussed it with President Vladimir Putin last November. “We anticipate it will come up at the summit in Moscow and St. Petersburg in two weeks,” Pifer said. “We seek a political settlement that will end the fighting, promote reconciliation, and recognize the territorial integrity of the Russian Federation [as well as] accountability for human rights abuses committed by all sides, and unimpeded access to the displaced by humanitarian organizations,” Pifer elaborated. Referring to U.S. concern about links of some Chechen forces with international terrorist groups, Secretary Pifer stated that the United States Government has called on Chechen President Aslan Maskhadov and other moderate Chechens to disassociate themselves from terrorists. On this point, Pifer noted the United States Government’s efforts to train and equip Georgian military units to deal with terrorist elements in the Pankisi Gorge adjacent to Chechnya’s southern border. Pifer testified that the United States has been the largest single provider of humanitarian aid to the North Caucasus. Since 1999 the U.S. Government has contributed more than 30 million dollars to relieve war-related suffering in the region. Ms. Chadaeva presented gripping testimony based on her work as a nurse in the Chechen town of Aldi on February 5, 2000, when Russian contract soldiers conducted a “cleansing operation” that left sixty civilians dead. “They threw grenades into basements where people were hiding,” Chadaeva said. “They executed unarmed men, women, old people and children. The victims ranged in age from a one-year-old baby to an eighty-two-year-old woman. They killed a woman who was eight months pregnant and her one-year-old son. All my patients who had been wounded during the bombings, who were getting well, were killed and their bodies burned.” Asked if the soldiers intended to kill their victims or if the casualties were the result of random grenades, Chadaeva replied, “these people were killed by being shot in the head...the soldiers knew exactly whom they were killing.” Concluding her description of wanton killing of Chechen civilians by Russian forces, Ms. Chadaeva asked “Is it really necessary to have millions of victims to call such behavior genocide? Isn’t the death of 100,000 Chechens since 1994 in the two Russian-Chechen wars sufficient reason for effective international action to end the conflict and the agony of the Chechen people?” Andrei Babitsky briefly described the fate of people killed for unknown reasons in Chechnya their bodies found bearing signs of torture. They were killed, he said, “as part of the anarchy and arbitrary rule which is now the order of the day in Chechnya.” The Radio Liberty correspondent then described the efforts made by Russian authorities, to prevent information about the war, especially human rights violations and atrocities against non-combatants, from reaching the general public. Moscow had succeeded in creating a “ghetto” of the war zone, he asserted, “shut off from the sight and influence of the outside world.” The main issue, Babitsky contended, is not how individual Russian journalists view the war. Most reporters agree with the official position that Moscow is waging an “anti-terrorist” and “anti-separatist” operation. “The main issue is that the Russian military and the Kremlin have banned reports on killings, torture and kidnaping of civilians by the Russian military,” Babitsky said. “The lack of information about Chechnya is one of the most effective ways to create a situation in which killers and kidnappers in epaulets can operate without legal accountability.” Regarding assertions by Moscow of Chechen involvement with Al Qaeda and the Taliban, Babitsky noted that during a recent visit to Afghanistan, neither he nor other Russian journalists found any Chechen fighters, despite a concerted search. Anatol Lieven observed that the United States now recognizes the presence of international Islamic militant forces in Chechnya and Georgia, whereas earlier, “this was downplayed or even ignored altogether by wide sections of U.S. officialdom, the media and public opinion.” The prevention or elimination of lawless areas and quasi-states in the Muslim world – of which Chechnya between 1996 and 1999 was one – is now recognized as a vital U.S. national interest, since such areas can all too easily become safe havens for Al Qaeda or allied groups,” Lieven continued. Nevertheless, Lieven stated, “while extremists and terrorists have established a strong presence in Chechnya, they have been able to do so because of the legitimate grievances and the great suffering of the Chechen people...The initial appearance of these forces – as in Afghanistan – was due to the brutal Russian military intervention of 1994-96; and the way in which they were able to carve out a powerful position for themselves in 1996-99 owed an enormous amount to the destruction, brutalization, and radicalization left behind by that war.” Summing up, Lieven suggested that U.S. goals should be the destruction or exclusion of the radicals followed by a sharp reduction of the Russian military presence, free elections for a Chechen administration, and the restoration of autonomy. However, he concluded, “before it can embark on any such path the U.S. needs to think very seriously about the correct balance between sympathy for Chechen suffering, respect for Russian security and sovereignty, and America’s own vital interests in this region, in the context of the wider war against terrorism.” An un-official transcript of the hearing and written statements submitted by Members and witnesses are located on the Helsinki Commission’s Internet web site. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.
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hearing
International Cooperation In The War On Terrorism
Wednesday, May 08, 2002Sen. Ben Nighthorse Campbell, Rep. Chris Smith, and witnesses discussed the OSCE’s efforts to coordinate counter-terrorism activities among its 55 member states, along with the level that these states are fulfilling their commitments to comply in the fight against terrorist activities and organizations. More specifically, the hearing focused on the financial and diplomatic dimensions of the war on terrorism, along with the European Union’s role in its efforts to fight terrorism in the OSCE region and the world over. This hearing took place with the recent U.S.-EU counter terrorism cooperation summit in mind.
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article
Georgian Government Complicity in Mob Violence against Minority Religious Groups
Friday, May 03, 2002By H. Knox Thames, CSCE Counsel Over the past two years, mob violence against minority religious groups has plagued the Republic of Georgia, a participating State in the Organization for Security and Cooperation in Europe (OSCE) since 1992. A country of five million people, Georgia has seen more than its share of sectarian violence, as individuals propagating religious chauvinism conduct a campaign of brutality against other religious communities. Adding to this, police units have reportedly participated in violence against minority religious groups, or have failed to respond to attacks in an adequate fashion. As a result, a number of minority religious communities remain at risk in Georgia today as depredations continue with impunity. As an OSCE participating State, Georgia pledged to uphold freedom of thought, conscience, and religion or belief for all individuals, without distinction. As stated in the 1983 Madrid Concluding Document, participating States “agree to take the action necessary to ensure the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.” Since 1999, organized mob brutality against minority religious groups has gradually escalated, with the Jehovah’s Witnesses being a repeated target. As stated by the Department of State’s 2001 International Religious Freedom Report, local “police and security officials at times harassed nontraditional religious minority groups and were complicit or failed to respond to attacks by Orthodox extremists against Jehovah’s Witnesses and other nontraditional religious minorities.” Despite the inability of Georgian authorities to incarcerate the perpetrators, the 1995 Georgian Constitution does guarantee protection. Despite constitutional protections, over the past two years, approximately 80 attacks against Jehovah’s Witnesses have taken place, mostly led by Vasili Mkalavishvili, a defrocked Georgian Orthodox priest, and Paata Bluashvili, the director of the Orthodox “Jvari” Union. While victims have filed more than 700 criminal complaints, the authorities have not responded, leaving the perpetrators free to repeat their attacks. Reports give startling examples of individuals being dragged by their hair into a group, only to be pummeled with punches, kicks and clubs. Buses taking Jehovah’s Witnesses to various events have been stopped by police, and then attacked by Mkalavishvili’s and Bluashvili’s mob. In September 2001, Bluashvili led an attack during a Jehovah’s Witness religious service, with some of his militants brandishing firearms. In addition, Mkalavishvili, viewing himself as a pugilist defending Georgian Christianity, reportedly declared Jehovah’s Witnesses “should be shot, we must annihilate them.” Soon thereafter, with the violence steadily increasing and the government declining to intervene, Jehovah’s Witnesses conducted their activities in private, and for four months no violence occurred. However, in April of this year, that calm was shattered when Mkalavishvili’s and Bluashvili’s mob attacked on two separate occasions private homes that were hosting meetings. Considering the brutality Mkalavishvili and Bluashvili have displayed, it is astonishing that to date no fatalities have occurred. While the Jehovah’s Witnesses have borne the brunt of these attacks, other minority religious communities have also suffered under this vigilantism. Last year, during choir practice of a Pentecostal church, Mkalavishvili’s militants raided the building, seriously injuring twelve church members. A mob exceeding 100 hooligans targeted an Evangelical church two days before Christmas 2001, clubbing members and stealing property. In February of this year, Mkalavishvili’s mob tried to raze a warehouse owned by the Baptist Union, burning Bibles and religious materials. Mkalavishvili organized approximately 150 followers in three buses to accomplish this goal. In addition, Mkalavishvili has targeted the offices of government ombudswoman Nana Devdariani, the Tbilisi based NGO Liberty Institute, and the Rezonansi newspaper. The police have consistently refused to restrain the attackers, with only a few exceptions to note. Unfortunately, the judicial system has proven equally inept. On January 25th, prosecutors commenced legal proceedings against Mkalavishvili and one of his lieutenants for two mob attacks, although the minor charges brought do not reflect the gravity of their crimes. Yet, since the first hearing, the commitment of Georgian officials to vigorously prosecute Mkalavishvili has been evanescent. The case has been postponed five times, most recently due to the prosecutor failing to appear. These delays can be attributed to Mkalavishvili’s mob, sometimes numbering in the hundreds, maintaining a menacing presence both outside and inside the Didube-Chugureti District Court. At several hearings, large numbers have crashed into the court while carrying wooden and iron crosses, as well as banners with offensive slogans. Obviously feeling immune from government action, Mkalavishvili has used the courtroom itself as a platform, reportedly threatening lawyers and victims through a megaphone. Evidence of these events is readily available as local television stations are usually tipped in advance, airing footage of the attacks and interviews of Mkalavishvili and Bluashvili on the nightly news. Despite fervent appeals by victims and their lawyers, the police have refused to provide adequate courtroom security. Attorneys for the victims even petitioned the court for assistance, only for the judge to decide no more than 10 police officers would be permitted. Inexcusably, the judge put no limit on the number of Mkalavishvili’s followers granted access to the courtroom. In a stark contradiction, more than 200 police and a SWAT team were ordered to protect officials from the Ministry of Interior when Mkalavishvili was brought to trial under different charges. In sum, the Georgian Government is proving ineffective in ameliorating the situation and protecting its citizens, regardless of their religious faith, from mob violence. Meanwhile, President Eduard Shevardnadze has held meetings with faith communities to demonstrate religious tolerance. He has also issued a presidential decree calling for the Ministry of Interior to take action, but by allowing lawless bands of militants to attack peaceful gatherings, his illusory actions are speaking louder than his words. By allowing the strength of the police and judicial systems to become a farce, it will only further encourage contravention of Georgian laws. However, despite actions demonstrated to date, the Georgian Government can end the attacks and bring to justice the perpetrators of this brutality.
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statement
Murder of Ukrainian Heorhiy Gongadze Still Unsolved
Thursday, May 02, 2002Mr. Speaker, the murder of Ukrainian investigative journalist Heorhiy Gongadze remains unsolved. On September 16, 2000, Gongadze, editor of an Internet news publication critical of official, high-level corruption in Ukraine, disappeared. Seven week later, his remains were found in Tarashcha in the Kyiv region. Repeated expressions of concern to the Government of Ukraine have been met with stonewalling. Over the last 18 months, the Helsinki Commission, Members of the House and Senate, the Department of State, the OSCE, the Council of Europe and other international institutions repeatedly have raised this case and urged President Kuchma and the Ukrainian Government to undertake a speedy, serious, open and transparent investigation into the Gongadze murder case. Back in December of 2000, I urged Ukrainian authorities to resolve this grave matter in a timely and just manner before the case further tarnished their credibility in dealing with fundamental human rights. Last July, a number of us were present at the Paris OSCE Parliamentary Assembly meeting, where Gongadze’s widow Myroslava accepted the OSCE PA Prize for Journalism and Democracy on his behalf. A resolution adopted by the OSCE PA in Paris expressed dismay “that the criminal investigation into the murder of journalist Heorhiy Gongadze has been obstructed by authorities and has not been carried out in accordance with the rule of law.” Last month, Ukrainian authorities blocked FBI experts from examining evidence gathered during the initial investigation. The Bureau had been invited by Ukrainian authorities to advise and assist in the investigation of the case and earlier had participated in identifying Gongadze's remains. Over the last year, Ukrainian prosecutors routinely cited their request for assistance from the FBI as evidence that they were working diligently to solve the murder. According to a statement released by the U.S. Embassy in Kyiv, the four FBI experts were told that Ukrainian law prohibits prosecutors from releasing any information to them. They were "unable to discuss any aspects of the case, share evidence or conduct a joint site inspection. Because of this, the FBI team could not provide suggestions that might help Ukrainian law enforcement authorities advance the investigation of the murder of Mr. Gongadze.” This lack of cooperation – after promises to accept the U.S. technical assistance -- is an indication of bad faith on the part of the Ukrainian authorities. This is only the latest example which seriously questions the Ukrainian authorities’ commitment to resolving this case and has led many to conclude that the Procurator General’s office is hampering the investigation into Gongadze’s death. Particularly telling was the Procuracy’s initially casting doubt on the results of a DNA test reported in February 2001, which determined with a 99.6 percent probability that the body exhumed from a shallow grave in Tarashcha was, indeed, that of Gongadze. The Procurator General, Mykhaylo Potebenko, who recently announced he would resign to become a Member of Parliament from the Communist Party, has also been uncooperative with Gongadze’s widow and mother, even after the court gave them status that legally permitted them access to details of the investigation. An assessment of the case last year by Freimut Duve, the OSCE Representative on Freedom of Media, found that the investigation into Gongadze’s disappearance has been “extremely unprofessional.” It is high time for the Ukrainian authorities to mount a serious, transparent investigation into this case as well as the cases of other murdered journalists. Since 1998, 11 journalists have been killed in Ukraine and 48 severely injured in unexplained attacks, according to Reporters Without Borders. Over the last year, several international bodies have called on Ukrainian authorities to launch a fresh investigation into the disappearance and death of Mr. Gongadze and other journalists and to allow for an independent investigation or to set up a new independent commission of inquiry comprising of international investigators. I also hope that the newly elected Ukrainian parliament will take aggressive action in encouraging governmental accountability for solving the murder and bringing the perpetrators to justice. Mr. Speaker, on March 31, Ukraine held parliamentary elections. Despite governmental interference in the campaign and abuse of state resources, the Ukrainian electorate showed a strong independent streak with a strong pro-democratic, pro-European orientation. A substantial portion of the Ukrainian people clearly wants change – they want to live in a country where democracy and human rights are honored and where the rule of law prevails. The United States remains committed to encouraging these yearnings. The U.S. Government is the largest bilateral donor in Ukraine, and American companies still are the largest investors in Ukraine. We are deeply engaged with Ukraine in military and security issues, educational exchanges, small business, agriculture, energy, and the development of civil society. American engagement with Ukraine is a testament to the importance that we attach to U.S.-Ukraine relations. However, the level of U.S. engagement is increasingly being questioned, in part because of the obstructionist actions of the authorities concerning the Gongadze case, the curtailing of media freedoms, the persistent debilitating problem of corruption and, most recently, troubling allegations that President Kuchma may have authorized the clandestine sale of the Kolchuga radar system to Iraq in violation of UN sanctions. Mr. Speaker, as Co-Chairman of the Helsinki Commission, I once again urge in the strongest possible terms Ukrainian authorities to take seriously the concerns regarding the circumstances that led to the Gongadze murder and the subsequent investigation. His widow, young children, and mother deserve better. The Ukrainian people deserve better.
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statement
Unpunished Religious Persecution in the Republic of Georgia
Wednesday, April 24, 2002Mr. President, as a member of the Commission on Security and Cooperation in Europe, I have followed closely human rights developments in the participating States, especially as they have an impact on freedom of thought, conscience, religion or belief. In many former communist countries, local religious establishments have reacted with concern and annoyance about perceived encroachment of religions considered “non-traditional.” But in the Republic of Georgia organized mob violence against those of nontraditional faiths has escalated, largely directed against Jehovah’s Witnesses. For over 2 years, a wave of mob attacks has been unleashed on members of this and other minority religious communities, and it is very disturbing that the police have consistently either refused to restrain the attackers or actually participated in the violence. Since October 1999, nearly 80 attacks against Jehovah’s Witnesses have taken place, most led by a defrocked Georgian Orthodox priest, Vasili Mkalavishvili. These violent acts have gone unpunished, despite the filing of over 600 criminal complaints. Reports cite people being dragged by their hair and then summarily punched, kicked and clubbed, as well as buses being stopped and attacked. The priest leading these barbaric actions has been quoted as saying Jehovah’s Witnesses “should be shot, we must annihilate them.” Considering the well-documented frenzy of these depredations, it is only a matter of time before the assaults end in someone’s death. Other minority religious communities have not escaped unscathed, but have also been targeted. Mkalavishvili coordinated an attack against a Pentecostal church last year during choir practice. His truncheon-wielding mob seriously injured 12 church members. Two days before Christmas 2001, over 100 of his militants raided an Evangelical church service, clubbing members and stealing property. In February of this year, Mkalavishvili brought three buses of people, approximately 150 followers, to burn Bibles and religious materials owned by the Baptist Union. Mkalavishvili brazenly holds impromptu press conferences with media outlets, often as the violence transpires in the background. With his hooligans perpetrating violent acts under the guise of religious piety, camera crews set up and document everything for the local news. The absence of a conviction and subsequent imprisonment of Mkalavishvili is not for lack of evidence. After considerable delay, the Georgian Government did commence on January 25 legal proceedings for two mob attacks. However, considering the minor charges being brought and the poor handling of the case, I fear Mkalavishvili and other extremists will only be encouraged to continue their attacks, confident of impunity from prosecution. Since the initial hearing in January of this year, postponement of the case has occurred four times due to Mkalavishvili’s mob, sometimes numbering in the hundreds, overrunning the Didube-Chugureti District Court. Mkalavishvili’s marauding followers brought wooden and iron crosses, as well as banners with offensive slogans. Mkalavishvili himself even threatened the lawyers and victims while they were in the courtroom. With police refusing to provide adequate security, lawyers filed a motion asking for court assistance, but the judge ruled the maximum security allowed would be 10 policemen, while no limit was placed on the number of Mkalavishvili’s followers permitted in the courtroom. In contrast, the Ministry of Interior has reportedly provided more than 200 police and a SWAT team to protect officials of its office when Mkalavishvili was brought to trial under different charges. Certainly, the Georgian Government could provide adequate security so that its judicial system is not overruled by vigilante justice. Unfortunately for all Georgians, the anemic government response is indicative of its inability or worse yet, its unwillingness to enforce the law to protect minority religious groups. As is clearly evident, Georgian authorities are not taking effective steps to deter individuals and groups from employing violence against Jehovah’s Witnesses and other minority faiths. With the ineptitude of the justice system now well known, Mkalavishvili has brazenly and publicly warned that the attacks will not cease. Religious intolerance is one of the most pernicious human rights problems in Georgia today. Therefore, I call upon President Eduard Shevardnadze to take action to end the violence against religious believers, and prevent attacks on minority religious communities. Despite the meetings he held with the various faith communities intended to demonstrate tolerance, Georgian Government inaction is sending a very different message. Tbilisi’s pledge to uphold the rights of all believers and prosecute those who persecute the faithful must be followed by action. As a member of the Commission on Security and Cooperation in Europe, I urge President Shevardnadze to do whatever is necessary to stop these attacks, and to honor Georgia’s OSCE commitments to promote and ensure religious freedom without distinction. The Georgian Government should take concrete steps to punish the perpetrators through vigorous prosecution.
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statement
Kyrgyzstan's Release of Azimbek Beknazarov
Wednesday, March 20, 2002Mr. Speaker, yesterday authorities in Kyrgyzstan released Azimbek Beknazarov, a parliamentarian who had been in jail since January 5. The decision was made after disturbances in the Ak-Su District of Jalal-Abad, Mr. Beknazarov’s native region in southern Kyrgyzstan. In an unprecedented outburst of violence on March 17, six people were killed and scores wounded when police opened fire on demonstrators. Mr. Beknazarov has pledged not to leave the area and his trial has been postponed indefinitely while the authorities and the public catch their breath and reassess the situation. The incident and the events leading up to it are alarming--not only for Kyrgyzstan but for the United States, which is now basing troops in the country and expects to be in the region for the foreseeable future. Despite attempts by some Kyrgyz officials to pin the blame on a mob of demonstrators fired up by alcohol, the real cause of the bloody riot was popular discontent with an unresponsive government reaching the boiling point. Kyrgyz authorities have accused Mr. Beknazarov of improperly handling a murder case when he was an investigator in a district prosecutor’s office years ago. In fact, it is widely believed that Beknazarov’s real transgression was to suggest that Kyrgyzstan’s parliament discuss the country’s border agreement with China, which would transfer some territory from the tiny Central Asian state to its giant neighbor. This is reflective of Akaev’s intensified efforts to consolidate his power while cracking down on dissent and opposition. In February 2000, President Akaev rigged the parliamentary election to keep his main rival--Felix Kulov, who had served as Vice President and in other high-level positions--from winning a seat in the legislature. The observation mission of the Organization for Security and Cooperation in Europe (OSCE) openly questioned the results in Kulov’s district, and said the election had fallen far short of international standards. Subsequently, Kulov was arrested and could not participate in the October 2000 presidential election, in which Akaev faced no serious contenders and was easily re-elected. Kulov is serving a 7-year jail term and now faces new criminal charges. Amnesty International considers him a political prisoner. Last December I chaired a hearing of the Helsinki Commission which focused on the deterioration of human rights in Kyrgyzstan. Mr. Kulov’s wife was able to attend the hearing and offered her perspective on the current political climate in her country. The independent and opposition media in Kyrgyzstan have also been under severe pressure, usually in the form of libel cases which official authorities use to fine newspapers out of existence so they cannot report on corruption. In January 2002, the authorities issued Decree No. 20, which would introduce mandatory official inventory and government registration of all typographical and printing equipment, while imposing stricter controls on its imports. Decree No. 20 would also threaten U.S. Government plans to establish an independent printing press in Kyrgyzstan. Furthermore, the decree will be used against religious groups, both Muslim and Christian, by blocking their ability to produce religious material and by calling for an “auditing” of all religious communities that create publications. While the pretext of the decree is to combat “religious extremists,” the decree has clear implications for religious communities out of favor with the government, as well as with opposition groups. The State Department has urged Kyrgyzstan to repeal Decree No. 20 but so far, Bishkek has stubbornly refused. So when legislator Azimbek Beknazarov was arrested on January 5, his colleagues in parliament, members of opposition parties and human rights activists reacted strongly to the latest step in an ongoing campaign to clamp down on civil society. Since January, hundreds of people, including parliamentarians, have gone on hunger strikes to demand his release. Protests and demonstrations have continued throughout, which the police have either ignored or roughly dispersed. The U.S. Government, the OSCE and international human rights groups have called for Beknazarov’s release, but President Akaev, hiding behind the fig leaf of “executive non-interference in judicial deliberations,” contends that the case must be decided by the courts. His position is an absurd pretense in a country where the courts are under state influence, especially in sensitive political cases. More to the point, this stance is simply no longer credible, considering the widespread belief that Beknazarov’s imprisonment was politically motivated and the public’s lack of confidence in the government’s good faith. Finally, pent-up tensions exploded two days ago, when demonstrators and police clashed, with tragic consequences. Kyrgyz officials have accused organizers of unauthorized pickets and rallies of responsibility for the violence. In an address to the nation, President Akaev described the events as “an apparent plot [in which] a group of people, including prominent politicians, staged unauthorized mass rallies simultaneously.” He said the events were “another move in the targeted activities of opposition forces to destabilize the situation in the country. They have been engaged in these activities for the last few years.” Mr. Speaker, I would contend that the riots in Jalal-Abad Region were the predictable outcome of frustration and desperation. Askar Akaev, by falsifying elections and repressing freedom of expression, has made normal politics impossible in Kyrgyzstan. A long-suffering populace, which has seen its living standard plummet while corrupt officials grow rich, has signaled that enough is enough. The authorities have heard the message and now have to make a critical decision: either to try to find a common language with society or to crack down. If they choose the former, Kyrgyzstan may yet realize its promise of the early 1990s; if they choose the latter, more confrontations are likely, with unpredictable ramifications for Kyrgyzstan and its neighbors. The United States has a real stake in the outcome. We are in Central Asia to make sure terrorists cannot use the region to plan attacks on us or recruit new members. But all the region’s states are led by men determined to stay in power indefinitely. This means they cannot allow society to challenge the state, which, in turn, insures that discontented, impoverished people with no other outlets could well be attracted by radical ideologies. We must make it plain to President Akaev that we are serious when we declare that our war on terrorism has not put democracy and human rights on the back burner. And we must insist that he implement his OSCE commitments, as well as the pledge he made in last month’s bilateral Memorandum of Understanding with the United States. That document obligates Kyrgyzstan to “confirm its commitment to continue to take demonstrable measures to strengthen the development of democratic institutions and to respect basic human and civil rights, among which are freedom of speech and of the media, freedom of association and public assembly, and freedom of religion.” The events earlier this week have given us a wake-up call. We had better understand properly all its implications.
Title
HELSINKI COMMISSION TO REVIEW NEW WAYS TO FIGHT FOREIGN BRIBERY
THIS HEARING HAS BEEN POSTPONED. RESCHEDULING INFORMATION WILL BE AVAILABLE SHORTLY.
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing:
ANTI-CORRUPTION INITIATIVES TO FIGHT EMERGING METHODS OF FOREIGN BRIBERY
Thursday, October 24, 2019
10:00 a.m.
Rayburn House Office Building
Room 2128
Live Webcast: www.youtube.com/HelsinkiCommission
The methods of foreign corrupt actors in the global economy have changed dramatically since America assumed the mantle of international anti-corruption champion with the passage of the Foreign Corrupt Practices Act (FCPA) in 1977. The integration of formerly closed states into the global economy and the development of transformative technologies have led to unprecedented wealth, but also unprecedented corruption. This globalized variant of corruption hollows out rule-of-law institutions and threatens to dismantle the liberal world order that underpins U.S. national security and prosperity.
This hearing will examine new anti-corruption trends and initiatives to determine how the United States can most effectively engage the evolving threat of foreign bribery. Currently, while the United States still leads the world in investigating and prosecuting this crime, the foreign corrupt officials who demand bribes are not liable under U.S. law. The Foreign Extortion Prevention Act (FEPA), developed with the support of the Helsinki Commission, seeks to close this loophole. The hearing also will examine dual-use technologies such as blockchain, which have the potential to help fight foreign bribery, but also to facilitate it.
The following witnesses are scheduled to testify:
- Patrick Moulette, Head of the Anti-Corruption Division, OECD Directorate for Financial and Enterprise Affairs
- Casey Michel, Journalist
- David Lawrence, Founder and Chief Collaborative Officer, RANE
- Eric Lorber, Senior Director, Center on Economic and Financial Power, Foundation for Defense of Democracies
Additional witnesses may be added.