Title

Helsinki Commission Workshop to Explain Global Magnitsky Sanctions Process

Experts Will Provide Step-By-Step Guidance to Help Advocates Petition for Sanctions
Wednesday, March 07, 2018

WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced a workshop to provide human rights organizations, transparency advocates, and congressional staff with the tools they need to effectively petition the U.S. government to review and potentially designate individuals and organizations for sanctions under the Global Magnitsky Act.

HOW TO GET HUMAN RIGHTS ABUSERS AND KLEPTOCRATS SANCTIONED UNDER
THE GLOBAL MAGNITSKY ACT

Tuesday, March 13, 2018
3:00 p.m.
Capitol Visitor Center
Room SVC 212-10

Live Webcast: www.facebook.com/HelsinkiCommission

Sanctions experts will describe, from an operational perspective, how the U.S. government identifies, vets, and ultimately sanctions individuals. They also will discuss the evidentiary standards for sanctioning human rights violators vs. those engaged in serious acts of corruption. Finally, panelists will share investigative techniques, communications strategies, and responses to aggressive tactics used to intimidate human rights and transparency advocates.

Panelists include:

  • Rob Berschinski, Senior Vice President, Human Rights First; former Deputy Assistant Secretary of State
  • Brad Brooks-Rubin, Managing Director, The Sentry; formerly with the Departments of State and Treasury
  • Bill Browder, Founder and Director, Global Magnitsky Justice Campaign
  • Mark Dubowitz, CEO, Foundation for Defense of Democracies
  • Adam Smith, Partner, Gibson, Dunn & Crutcher; formerly with the National Security Council and Department of Treasury
  • Josh White, Director of Policy and Analysis, The Sentry; formerly with the Department of Treasury

The Global Magnitsky Act is a powerful new tool for deterring human rights violations and fighting corruption. Presence on this list freezes any U.S. assets an individual may hold, blocks future transactions within the U.S. financial system, and bans any travel to the United States. By sanctioning individuals who engage in the worst abuses of power, the United States hardens its own system to external abuse while extending moral support and solidarity to those whose fundamental freedoms are curtailed or denied.

Media contact: 
Name: 
Stacy Hope
Email: 
csce[dot]press[at]mail[dot]house[dot]gov
Phone: 
202.225.1901
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  • The Putin Path: Are Human Rights in Retreat?

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

  • Elections, Democratization, and Human Rights in Azerbaijan

    The hearing will outline recent developments in Azerbaijani elections. Azerbaijan government officials announced Thursday that Azerbaijan’s government has accepted proposals to agree with the opposition about independent members of the Central Election Commission in advance of the November parliamentary election. The announcement was made during a hearing of the United States Commission on Security and Cooperation in Europe. Azerbaijan’s Ambassador Hafiz Pashayev, accompanied by several experts who arrived from Baku for the hearing, said that negotiations between the sides, with the active mediation of the OSCE’s Office for Democratic Institutions and Human Rights (ODIHR), would continue about the Central Election Commission and the election law. How these electoral developments effect Azerbaijan will be outlined.

  • The Putin Path: Are Human Rights in Retreat?

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

  • Expressing Condemnation of Continuing Human Rights Violation of Belarus

    Mr. Speaker, I want to thank the gentleman from Connecticut (Mr. Gejdenson) and the gentleman from New York (Mr. Gilman) for their leadership in constructing this resolution condemning violations of human rights and the erosion of democracy in Belarus in calling upon the Lukashenka regime to restore the constitutional rights of the Belarusian people and on the Russian Federation to respect the sovereignty of Belarus. In March, Mr. Speaker, I chaired a second Helsinki Commission hearing on Belarus which addressed many of the issues that are very importantly highlighted in this resolution. The hearing featured key leaders of Belarus's opposition, including Semyon Sharetsky and two leading State Department officials as well as the person in the OSCE Parliamentary Assembly, Adrian Severin, who was attempting to forge dialogue between the Belarusian authorities and the opposition. This hearing was a follow-up to our April 1999 hearing on Belarus. In the last year our commission has made repeated and consistent intercessions, including through the OSCE, to draw attention to the deplorable situation in Belarus and to encourage the establishment of a democracy there. As my friend and colleague from Connecticut just pointed out, there are the allegations, and they would seem to be real, that have been in some of the newspapers, including the London Sunday Telegraph about the Russians brokering an arms deal to rebuild the Iraqi air defenses using the Belarusians as the conduit. The Telegraph reported that Beltechexport, the State-owned Belarusian military hardware company, has agreed to upgrade Iraqi's air defense systems to reequip the Iraqi Air Force and to provide air defense training for Iraqi troops. The deal is estimated to be worth about $90 million. It was signed in the middle of April, or last February, I should say, during a visit to Baghdad by high-ranking Belarusians. It also points out, the article, that Belarusian officials have agreed to undertake a detailed overhaul of 17 Soviet-made Iraqi war planes which had been in Belarus since the late 1980s. Again, Mr. Speaker, this directly puts our pilots at risk who are trying to enforce the no-fly zone, and I think this resolution again gets this Congress focused on the egregious human rights situation and also the military implications of the Belarusian regime. Mr. Pallone: Mr. Speaker, I rise in support of this Resolution, of which I am proud to be an original co-sponsor. I would like to praise the sponsor, the Gentleman from Connecticut, Mr. Gejdenson, for introducing this Resolution, and to thank both the Ranking Member and the Chairman of the International Relations Committee, Mr. Gilman, for bringing the Resolution to the Floor of the House so quickly. Mr. Speaker, while there have been many success stories among the new independent states of the former Soviet Union and the other former Warsaw Pact nations, Belarus has not been one of them. Over nearly a decade of independence, the promise of democracy, freedom of expression and association, and a new flowering of a national identity have not come to pass for the Belarusian people. The fault for this sad state of affairs rests with President Alyaksandr Lukashenka. The President has illegally extended his term of office beyond the legally mandated expiration date. Throughout his tenure, President Lukashenka has monopolized the mass media, undermined the constitutional foundation for the separation of powers, used intimidation and strong-arm tactics against the political opposition, suppressed freedom of the press and expression, defamed the national culture, maligned the national language and eroded Belarus's rightful position as a sovereign nation. Apart from the daily deprivations and indignities that the Belarusian people must endure, perhaps the saddest outcome of Mr. Lukashenka's rule is that his efforts have created the impression, a false one, that Belarus really has no distinct national culture or character. Nothing could be further from the truth. But the formation of the Union State between Russia and Belarus only serves to further perpetuate this false impression. While the tragic reality is that Belarus has been dominated politically for centuries by Russia, the fact remains that Belarus has its own national symbols and a distinct language. It's no coincidence that authoritarian President Lukashenka has targeted such national symbols as the nation's flag and coat of arms. As part of this campaign, Lukashenka's regime has ordered that schools go back to using Soviet-Russian textbooks, while the Russian language has been made the official language of the Belarusian Parliament in Minsk. Lukashenka's strategy has been to create conditions to justify the claim that history, language and culture inevitably tie the two countries together. The Belarusian language endures to this day as a key to national survival, both for the people living in the Republic of Belarus and among the Belarusian diaspora in the U.S. and elsewhere. There are centuries-old legal documents and religious texts written in the Belarusian language, as well as modern literary and historic works. Despite Lukashenka's repression, the cause of Belarusian nationalism still burns in the heart of the Belarusian people, with the Belarusian language the means of expressing it. Failure to acknowledge the harm done to Belarusian culture and national singularity by the Russian-Belarus merger can only give comfort to Lukashenka and the Russian-Soviet irredentists. Mr. Speaker, the negligence and mismanagement of Mr. Lukashenka's regime has also put at risk the nation's environment and the health of the people. Just last week, former Belarusian President Stanislau Shushkevich spoke at Radio Free Europe/Radio Liberty's (RFE/RL) Washington office on the occasion of the 14th anniversary of the Chernobol nuclear disaster in neighboring Ukraine. More than 70 percent of the radioactive fallout from the world's worst nuclear accident fell on Belarusian territory. While there is plenty of blame to go around for mishandling of this disaster, among Soviet officials, and post-Soviet officials in Russia, Ukraine and Belarus, President Lukashenka exacerbates the problems by insisting that all aid to Chernobol victims pass through his hands. These funds often are diverted to other uses. Fortunately, some Western NGOs and religious organizations have bypassed Lukashenka to get aid to the people who really need it. Also last week, RFE/RL President Thomas A. Dine denounced efforts by the Belarusian KGB to intimidate journalists from that organization working in Belarus. Mr. Dine's statement came in response to the threats against Yahor Mayorchyk, a reporter for the news service funded by this Congress to provide objective information to people from the region. A KGB officer told Mr. Mayorchyk that the `same thing will happen to you as to Babitsky,' a reference to RFE/RL journalist Andrei Babitsky who was arrested for his coverage of the war in Chechnya and faces trumped-up charges in Moscow. Mr. Speaker, the abuses of the Lukashenka regime have been a source of concern for at least the past four years. In 1996, I introduced a Resolution expressing concern over the Lukashenka regime's violations of human and civil rights in direct violation of the Helsinki accords and the constitution of Belarus, and expressing concern about the union between Russia and Belarus. That Resolution also recognized March 25 as the anniversary of the declaration of an independent Belarusian state. A year later, I worked with leaders of the International Relations Committee to include language in the State Department Authorization bill, which passed the House, calling for our President to press the Government of President Lukashenka on defending the sovereignty of Belarus and guaranteeing basic freedoms and human rights. For years now, the Belarusian-American community has been trying to inform the American people about the truth in Belarus that President Lukashenka's actions do not have widespread support and his regime has lost any sense of legitimacy it once may have had. I want to thank the Belarusian-American community in New Jersey and throughout the nation for continuing to speak the truth about events in the land of their ancestors. Obviously, President Lukashenka has not been moved by these expressions of concern by the United States and the international community. But we must not give up. We should go on record condemning the abuses that have taken place, and continue to take place in Belarus. We must urge our President and State Department to keep the pressure on President Lukashenka, and also Russian President Vladimir Putin. For these and many other reasons, I urge my colleagues to support passage of this Resolution.

  • Report on the Presidential Election in Georgia

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

  • The Deterioration of Freedom of the Media in OSCE Countries

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

  • Anti-Democratic Actions in Belarus

    Mr. President, I rise to speak today about the dramatically deteriorating situation in Belarus. As of Sunday, March 26, more than 100 opposition activists remained in custody after a rally on Saturday that turned from a peaceful event into a demonstration that saw police clubbing protesters with nightsticks, hitting journalists covering the event and sending armored cars into Central Minsk. More than 500 people were detained, most of whom were not formally charged until Monday. This is only one of the examples of how, in Belarus, the Lukashenka regime continues to try to suppress the will of the people. In November, Senator Campbell and I introduced a resolution condemning the Lukashenka regime and its actions towards the country. The sad reality is that Belarus is being left behind while the rest of Europe is building a foundation of democratic governance, respect for human rights, and the rule of law. Since 1996, President Lukashenka has been responsible for numerous unconstitutional steps. He unilaterally extended his term until 2001 after he promised to hold democratic elections in 1999. He replaced the 13th Supreme Soviet with a rubberstamp parliament and he rewrote the country's constitution. Belarus has turned into a country where those who choose to participate in civil society by speaking truth to power must do so at great risk to their freedom, and even their lives, under Lukashenka's rule. Two prominent opposition figures, General Yuri Zakharenko and Viktor Gonchar, as well as another associate, Anatoly Krasovsky, have disappeared. Many of the people arrested on March 25 as well as other peaceful protesters were members of the opposition. Belarus' economy is apparently imploding and neighboring countries, Poland, Lithuania, and Latvia, are concerned about regional instability. Our resolution condemns the arrest of opposition figures and the disappearance of others; calls for a dialogue between Lukashenka and the opposition; calls for the restoration of a democratically-elected government and democratic institutions; calls on the U.S. President to fund travel by Belarusian opposition figures and non-governmental organizations in Belarus; and supports information flows into Belarus. Belarus is not making progress. We must do what we can to sustain the remarkable progress of the other countries that have transformed themselves into fully democratic market democracies, and encourage the development of a democracy in Belarus. Mr. Campbell: Mr. President, on March 25, Belarusian authorities harshly suppressed a pro-democracy demonstration in the capital of Minsk, arresting and detaining hundreds of peaceful protestors, including nearly 30 domestic and foreign journalists. Riot police, deployed with dogs and armored personnel carriers, used excessive force against some peaceful demonstrators. Among those detained and beaten was democratic opposition leader Anatoly Lebedka, Deputy Chairman of the 13th Supreme Soviet. Many of my Senate colleagues met Mr. Lebedka last September when I introduced him right here on the Senate floor. Mr. Lebedka was just in Washington earlier this month to testify at a Helsinki Commission hearing about the deteriorating situation in Belarus. Based on information I obtained from the State Department, I am advised that Anatoly Lebedka was arrested by plainclothes police during the demonstration, kept in detention, and reportedly beaten over the course of two days. He spent most of Monday in a police van outside the courthouse awaiting trial, but was released at 5:00 p.m. His trial has been scheduled for April 4. Mr. President, the harsh overreaction by the authorities to this peaceful demonstration represents a clear violation of the freedom of association, assembly, and information guaranteed both by the Belarusian constitution and OSCE agreements. In addition, the Belarusian authorities detained a U.S. citizen who is an accredited diplomat and a member of the OSCE Advisory and Monitoring Group in Belarus, and who was observing the demonstration in line with his official responsibilities. This action also violates international conventions. It appears that the green light for the most recent crackdown was given by Belarusian President Lukashenka, who praised the police for their actions. Reports indicate that earlier this month, he cautioned that the riot police will “beat the stuffing out” of any protestor who “gets out of line.” Unfortunately, the suppression by the Belarusian authorities of peaceful protest, along with the sentencing last week of a prominent member of the opposition, does nothing to encourage a constructive dialogue with the democratic opposition that can lead Belarus out of its continuing constitutional impasse and end its self-imposed international isolation. Mr. President, I call upon the Government of Belarus to thoroughly investigate reports of police brutality during the course of the demonstration and subsequent detentions and take measures to ensure that citizens are guaranteed their rights to engage in peaceful protests, keeping with that country's OSCE commitments. I was pleased to join Senator Durbin as an original cosponsor to Senate Concurrent Resolution 75 which we introduced last November. That resolution summarized many of the political problems facing the democratic opposition in Belarus expressing strong opposition to the continued egregious violations of human rights, the lack of progress toward the establishment of democracy and the rule of law in Belarus, and calls on President Lukashenka to engage in negotiations with the representatives of the opposition and to restore the constitutional rights of the Belarusian people. In light of the recent violent crackdown on pro-democracy demonstrators last weekend, I urge my colleagues to support passage of the Durbin/Campbell resolution. Mr. President, I ask unanimous consent that a news report from the Washington Post on this latest crackdown be printed in the Record. There being no objection, the material was ordered to be printed in the Record, as follows: [From the Washington Post, Mar. 26, 2000] Belarus Police Crack Down on Protest Minsk, Belarus.: “Hundreds of police beat back thousands of protesters at an opposition rally, sending armored personnel carriers into central Minsk and detaining 400 people in one of the country's harshest crackdowns on dissent in recent years. The rally was held to commemorate the founding of the Belarusian Popular Republic on March 25, 1918, when German forces were ousted from Minsk in the waning days of World War I. The independent state was short-lived and within a year, much of Belarus was part of the Soviet Union. Belarus' hardline government had said it would allow the rally to be held on the outskirts of Minsk, but several thousand demonstrators went instead to a central square in the capital.”

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

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

  • HEARING: THE STATE OF DEMOCRACY AND HUMAN RIGHTS IN TURKMENISTAN

    This hearing reviewed the democratization process, human rights, and religious liberty in Turkmenistan. This was one in a series that the Helsinki Commission has held on Central Asia. Turkmenistan has become a worse-case scenario of post-Soviet development. Human Rights Watch Helsinki did not yield from calling Turkmenistan one of the most repressive countries in the world. As a post-Soviet bloc country, Turkmenistan remains a one-party state, but even that party is only a mere shadow of the former ruling Communist Party. All the real power resides in the country’s dictator, who savagely crushes any opposition or criticism. The witnesses gave testimony surrounding the legal obstacles in the constitution of Turkmenistan and other obstacles that the authoritarian voices in the government use to suppress opposition.

  • The Ordeal of Andrei Babitsky

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

  • Protection of Human Rights Advocates in Northern Ireland

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

  • Belarus at the Crossroads

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

  • Helsinki Commission Hearing on Kosovo's Displaced and Imprisoned

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

  • Kosovo’s Displaced and Imprisoned (Pts. 1 – 3)

    This hearing focused on former residents of Kosovo who were forced to leave their homes because of the conflict. Slobodan Milosevic was identified as a key figure in the displacement and the commissioners and witnesses discussed the possibility of the end of his regime.

  • Hearing Announced on Kosovo's Displaced and Imprisoned

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

  • The Status of Religious Liberty in Russia Today

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

  • Change in Croatia

    Mr. Speaker, in October of last year, I expressed concerns in this Chamber on the condition of democracy in Croatia.   At that time, the leadership of Croatia was resisting the transition towards free elections, stalling the construction of democratic institutions, flaunting the rule of law, and squashing ethnic diversity. Those that held power were maintaining it in two significant ways. The first was through the manipulation of the political system to their advantage, including, in particular, efforts to control the media and the unwillingness to allow free and fair elections. Second, there was heavy reliance on nationalist passions for support. Zagreb's policies swayed the loyalties of Croats in neighboring Bosnia and made it difficult for the displaced Serb population to return to the country.   Since last October, things have changed drastically and for the better. In the Parliamentary election of January 3, the desire of the people for change was manifested as the party that had ruled since the fall of communism was defeated by an opposition coalition led by the new Prime Minister, Ivica Racan. Meanwhile, in a special presidential election on February 7 to succeed the late Franjo Tudjman, Stipe Mesic won on promises of reform, of a more democratic political system with diminished power for the presidency, of greater cooperation with The Hague in the prosecution of war criminals, of progress in the implementation of the Dayton Accords in Bosnia, and of the return of Croatia's displaced Serb population. These changes have been universally applauded, specifically by Secretary of State Madeleine Albright during her visit to Croatia on February 2. In fact, Mr. Speaker, I join the Secretary of State in commending the new policies of Croatia's leaders, and I complement our able Ambassador to Croatia, William Montgomery, for his role in pressing for democratic change.   Mr. Speaker, it is good that Croatia's new leadership is talking about substantial reform. However, we must be sure that it is not just talk. We must be sure to encourage Croatia to move closer towards full freedom, true justice, and greater prosperity for all of her citizens, regardless of ethnicity. We must continue to press for the surrender to The Hague of those indicted for war crimes. As we do, we must be ready to support Croatia, even as we have been ready to criticize Croatia's shortcomings in the past. Recent violence in southeastern Europe underscores the need for true democracy in the region. In closing, I congratulate Croatia's new leadership and its promise of progress. Now that reform is on the horizon, I am hopeful that Croatia will soon be an integrated partner in European affairs.  

  • Chechen Parliamentarians

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

  • Promoting and Protecting Democracy in Montenegro

    At this hearing, witnesses warned of the potential for conflict in the Balkans if democracy failed to take hold in Montenegro.  As Chairman Christopher Smith noted, Montenegro had been moving towards democratic reform since 1997 and its leaders distanced themselves from the ethnic violence in neighboring Croatia, Bosnia, and Kosovo. However, in Serbia, Milosevic’s regime was becoming more entrenched. Witness Srdjan Darmanovic, the director of the Center for Democracy and Human Rights in Podgorica, was concerned that without as a serious strategy for preserving peace and stability in the region provided by the West, Milosevic’s regime would start a conflict with Montenegro.

  • Report on Ukraine's Presidential Elections: October and November 1999

    On November 14, President Leonid Kuchma was re-elected for another 5-years term as President of Ukraine, beating Communist Party candidate Petro Symonenko, with 56.3 percent of the votes to Symonenko's 37.8 percent. More than 27 million people, nearly 75 percent of the electorate, turned out to vote. Nearly one million people, or 3.5% of the voters, selected the option of voting for neither candidate. Despite the economic decline and widespread corruption that were hallmarks of his first term, voters chose to re-elect Kuchma, principally out of fear of a return of communism, and certainly not due to any enthusiastic embrace of his economic policies. While there were violations of Ukraine's elections law and OSCE commitments on democratic elections, especially during the second round, these did not have a decisive affect on the outcome, given Kuchma's substantial margin of victory (over five millions votes). The elections were observed by some 500 international observers, with the largest contingent by far coming from the OSCE, and some 16.000 domestic observers. While the West welcomed the Ukrainian people's rejection of communism and any plans to reinvent the Soviet Union or Russian empire, the lack of economic reforms, as well as inappropriate governmental involvement in the election campaign, dampened Western exuberance over Kuchma's election victory. Following his victory, President Kuchma claimed a mandate and promised to work resolutely for economic reforms. This, however, needs to be weighed against his dismal economic record and the questionable resumes of some of his major campaign supporters. Western governments, including the United States, almost immediately reiterated their commitment to assisting Ukraine's transition to democracy and a market economy. At the same time, these governments are waiting to see if the reality will match the rhetoric of reform.                     

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