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Rep. Smith Chairs Helsinki Commission Hearing on ISIS Recruitment of Foreign Fighters in Central Asia

Wednesday, June 10, 2015

WASHINGTON—At a hearing convened today by the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, Chairman Chris Smith (NJ-04) and other lawmakers examined why Central Asia has become an increasingly fertile source of foreign fighters for radical militant groups like ISIS, and explored how the United States can continue supporting efforts in Central Asia aimed at countering violent extremism and preventing the flow of foreign fighters to radical organizations.

“A year ago today, the city of Mosul fell to Islamic State of Iraq and Syria, or ISIS, during a wave of violence that swept brutally through Northern Iraq,” said Rep. Smith, who called today’s hearing. “Many of those who took part in the offensive were foreign fighters – in fact, the UN Security Council recently estimated that there are now at least 25,000 foreign terrorist fighters from more than 100 countries who have travelled internationally to join or fight for terrorist entities associated with ISIS and Al-Qaida.”

“According to the International Crisis Group, as many as 4,000 foreign fighters come from the five countries of central Asia. Just last week, we learned that the chief of Tajikistan’s counter-terrorism program – someone highly trained by our own government – abandoned his post to join ISIS,” he continued.

“What does this say about the current efforts to stop terror-minded men and women from volunteering and traveling to the Middle East?” Rep. Smith asked. “Clearly, our government – working with others and with organizations like the OSCE – must take stronger action to combat radicalization beyond our borders, as well as to ensure that returning foreign fighters do not bring jihad and murder back home.”

Witnesses testifying at the hearing focused on the risk factors for radicalization of Central Asian nationals, as well as efforts currently underway and additional recommendations on combating the recruitment of foreign terrorist fighters at the national and international levels.

“The nations of Central Asia, and the nations of the world, are waking up to the challenge of foreign terrorist fighters in Syria and Iraq,” said Daniel N. Rosenblum, Deputy Assistant Secretary of State for Central Asia. “The United States plans to continue to work with global institutions, regional groups, and national governments to confront the challenge of foreign fighters and reduce the threat to our partners, allies, and to our own country…the Department of State is eager to work closely with this Commission and others in Congress to address this generational challenge.”

Frank J. Cilluffo, director of the Center for Cyber and Homeland Security at the George Washington University, noted, “The ideology and narrative of violent Islamist extremist movements and groups continues to resonate with and successfully recruit individuals who are susceptible to such propaganda...Pushing back on this narrative in order to expose its inherent inconsistencies and falsehoods must therefore be a crucial plank in both national and transnational strategy.”

“We must maximize the intelligence that US officials and their counterparts in allied nations possess in order to best formulate and execute the measures that will keep foreign fighters’ plans left of boom,” Cilluffo continued. “The United States should work with the countries of Central Asia to assist them in building the capacities that are necessary for them to be their own best guardians. For instance, more could be done in the area of border security.”

Deputy Director of the International Crisis Group Jennifer Leonard said, “[Central Asian] governments must assess accurately the long-term danger jihadism poses to the region and take effective preventive action now…addressing multiple political and administrative failures, responding to an unmet demand for increased democratic space, revising discriminatory laws and policies, implementing outreach programs for men and women, creating jobs at home for disadvantaged youths, ensuring better coordination between security services, and police reform.”

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Nearly 30,000 complaints from individuals in Russia were submitted to the court between 1998 and 2006. Concern was also raised over the situation in Uzbekistan, where authorities frequently resort to use of Article 165 of the criminal code on extortion to imprison human rights defenders, including 10 members of the Human Rights Society of Uzbekistan. An activist from Kazakhstan said that it simply made no sense to speak of judicial independence in his country. Similarly, an NGO representative from Belarus asserted that whatever independence the judiciary had previously has evaporated under the regime. Others from Ukraine and Georgia bemoaned the slow pace of judicial reforms in their countries. Several speakers noted the failure of governments to change their laws or procedures following repeated judgments against them by the European Court of Human Rights. According to one, the budget of the Russian Federation now includes a line item specifically to cover fines stemming from rulings of the court, while the underlying deficiencies go unchanged. Liubov Vinogradova of the Russian Research Center for Human Rights opened the session devoted to human rights defenders, underscoring the difficult and often dangerous environment for activists in the post-Soviet space. She also pointed to attempts by government to manipulate NGOs, create GONGOs (government non-governmental organizations), and erect potemkin umbrella organizations or councils. Vinogradova cited the urgent need for meaningful judicial reform in her country. She decried efforts by some in Moscow to impede access by plaintiffs from Russia to the court in Strasbourg. She read off a lengthy list of areas where Russia’s 2,000 registered human rights NGOs are making a difference. Among the challenges are limited resources, harassment by the authorities and an often hostile media with close ties to the government. Vinogradova was skeptical about the intent of President Putin’s decree offering funds to NGOs in Russia, suggesting that it could represent an attempt at “managed NGOs.” Several subsequent speakers noted the particular difficulty encountered by those active in the defense of political rights, especially the tendency of the authorities to construe such work as party politics. A number referred to various forms of harassment by the authorities. Activists from Belarus talked about the deteriorating situation they face in a country where human rights defenders are viewed with deep suspicion by the authorities and most are forced to work underground due to a refusal by officials to issue formal registration. Some observed that obstructive methods employed in one country of the Commonwealth of Independent States often are adopted elsewhere, in what one speaker termed the “Putinization” of the former Soviet space. The case of Russian advocate Mikhail Trepashkin was cited as an illustration of what can happen when a lawyer gets involved in a case viewed as sensitive to the authorities. Trepashkin was arrested in 2003, days before a trial was to open relating to an apartment bombing in Moscow in 1999 that then became the basis for the Kremlin’s renewed military campaign in Chechnya. The lawyer was initially detained and charged with illegal possession of weapons, then convicted by a closed military court to four years imprisonment for disclosing state secrets. Other speakers urged the participating States to strengthen OSCE commitments on human rights defenders. The Vienna-based International Helsinki Federation echoed this call, noting the precarious position of activities in many OSCE countries. The IHF recommended focusing on the safety of human rights defenders in the face of harassment and threats and called for the November Madrid OSCE Ministerial Council to approve related language. Irish Human Rights Commission President Dr. Maurice Manning introduced the final session devoted to national human rights institutions. He provided an overview, stressing the importance of the independence of such bodies and adherence to the “Paris Principles.” Manning urged that these institutions be focused and avoid interference from government and non-governmental organizations alike. He suggested that they could play a number of useful purposes such as reviewing pending laws and regulations, assess compliance with standards in individual cases, and help identify systemic areas of concern. He concluded by suggesting that national institutions were ideally situated to serve as a bridge between civil society and the state. The UN Economic and Social Council, beginning in 1960, encouraged the establishment of institutions as a means of encouraging and assisting states with implementation of international human rights commitments. In 1978, the UN issued a series of guidelines on the function and structure of institutions, falling into two main categories: human rights commissions and ombudsman offices. In the early 1990s work was completed on the Paris Principles, addressing the competence and responsibilities of national institutions as well as composition and guarantees of independence and pluralism, and methods of operation. The International Coordinating Committee of National Institutions for the Promotion and Protection of Human Rights oversees accreditation of such bodies based on compliance with the Paris Principles. As of March 2007, 17 national institutions in the OSCE region were deemed fully compliant, five were not fully compliant, and two were non-compliant. Accredited institutions are found in Albania, Armenia, Azerbaijan, Bosnia and Herzegovina, Canada, Denmark, France, Germany, Greece, Ireland, Luxembourg, Norway, Poland, Portugal, Spain, Sweden, and the United Kingdom. Several representatives of ombudsman offices described their activities, including establishment of national hotlines to receive human rights complaints, as well as working relations with courts and prosecutors. The discussions became more animated with exchanges between NGO participants and regime surrogates, notably regarding human rights in Belarus and Kazakhstan. The International Helsinki Federation expressed concern over a number of troubling trends faced by institutions, particularly targeted harassment stemming from their advocacy as well as legal and fiscal barriers to their work. The IHF representative made several concrete recommendations for OSCE, including strengthening relevant commitments, considering establishment of a special representative of the OSCE Chairman in Office on human rights defenders, and enhancing networks between civil society, national institutions and OSCE. The delegation of the Russian Federation used the closing session of the SHDM to renew its objections to allowing the Russian-Chechen Friendship Society to register for the meeting, notwithstanding the fact that the group did not actually attend. While the SHDM was informative and perhaps useful in terms of networking among those attending, the meeting underscored the clear divide between civil society representatives who advocate for human rights and the governments which perceive such work as a threat and thus try to thwart it. Though several heads of delegation from the Permanent Council made cameo appearances at the opening of the meeting, attendance by government delegates was sparse, particularly from countries which limit NGO activities. On the other hand, the theme of the meeting was particularly relevant in light of moves by several participating States, especially Belarus, Russia, Kazakhstan and other CIS countries to control civil society. Not surprisingly, these delegations are working actively behind the scenes to limit OSCE focus on human rights, particularly questions relating to freedom of association and assembly, bedrock commitments for civil society. A disturbing trend is the increasing tendency of several of these participating States to assert “interference in internal affairs” -- a standard ploy during Soviet times – when their rights violations are raised. While in Vienna, it became apparent that efforts are underway to limit NGO participation in OSCE meetings and to find an alternative to the annual Human Dimension Implementation Meeting, the singularly most important opportunity for civil society to engage the participating States and the OSCE. The failure of the Ljubljana and Brussels OSCE Ministerials to adopt proposed texts acknowledging the contribution of civil society and human rights defenders to the Helsinki process – drawn from existing OSCE commitments – clearly illustrates the backsliding of those States that refused to join consensus. Ironically, some participants in the SHDM proposed strengthening commitments on human rights defenders, when the reality is that a number of countries – Russia, Turkmenistan and Belarus among them – would be hard-pressed to agree today to provisions of the Copenhagen Document dating back to 1990! It is incumbent upon those OSCE countries that value the human dimension to resist the push to water down existing commitments or move the discussion of their implementation behind closed doors.

  • Freedom of the Media in the OSCE Region Part 1

    The hearing focused on trends regarding freedom of the media in the Organization for Security and Cooperation in Europe (OSCE) participating States, including developments in Russia, Kazakhstan, Azerbaijan, and Turkey. In particular, the hearing highlighted the fact that journalists continue to face significant challenges in their work in numerous OSCE countries, such as acts of intimidation, abduction, beatings, threats or even murder.

  • Hastings and Cardin Link U.S. Energy Security to Need for Democracy in Oil-Rich Countries

    Today, Congressman Alcee L. Hastings (D-FL), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and Co-Chairman Senator Benjamin L. Cardin (D-MD), made the following statements at a U.S. Helsinki Commission hearing entitled “Energy and Democracy: Oil and Water?” The hearing examined whether the development of democracy is incompatible with the development of a country’s energy resources. The hearing further addressed the issue of how energy kleptocracy impacts U.S. energy security. Six of the top ten oil-exporting countries to the United States are ranked by Transparency International as some of the world’s most corrupt countries. Corruption and kleptocracy often lead to political instability and subsequently higher oil prices, which have the potential to impact the economic and national security interests of the United States. Congressman Alcee L. Hastings Statement: “Today’s hearing is the second of three hearings the Commission is holding on the topic of energy security, an issue that spans the security, economic and environmental, and human dimensions of the Helsinki process. This hearing series is designed to give the Commission a comprehensive picture of this complex issue and highlight areas where the Commission, the U.S. Government and the OSCE can take effective action. “At today’s hearing we are going to hear from our distinguished panelists about the development of democracy and civil society in countries with abundant energy resources—and why that matters to U.S. energy security. I mentioned at the last hearing the remarkable fact that only two of the world’s top 10 oil exporters are established democracies—Norway and Mexico. What is wrong with this picture? Top World Oil Net Exporters 2006 1 Saudi Arabia 2 Russia 3 Norway 4 Iran 5 United Arab Emirates 6 Venezuela 7 Kuwait 8 Nigeria 9 Algeria 10 Mexico Source: EIA: International Energy Annual (2000-2004), International Petroleum Monthly (2005-2006). “When we look at countries that are situated on oil and natural gas reserves, we think these countries have won the global version of the economic lottery. They have a built-in revenue stream that can fuel not only their own economy but also be an export commodity. But what economists have found by studying these resource-rich countries is that they often do worse than their resource-poor neighbors, both economically and politically. This problem is often referred to as the “resource curse.” “Each of the countries we are focusing on today—Russia, Kazakhstan, Turkmenistan, Uzbekistan and Azerbaijan—face some aspect of this resource curse. And while the situation in each country is unique, we can generalize and say that the lack of transparency in politics, and in oil and gas deals, is at the root of the problem. “It’s a well-known, and well-bemoaned, fact that the United States is becoming more and more reliant on imported energy to fuel our economy. We are the world’s largest consumer of oil—we account for an astounding 25 percent of global daily oil demand—despite having less than 3 percent of the world’s proven reserves. And we source that oil from some unstable and unfriendly places in the world such as Nigeria and Venezuela. “In the context of today’s hearing some of you may wonder why the United States should care what is happening in Turkmenistan or Kazakhstan, when we actually don’t rely on these countries for a significant portion of our energy supplies. Russia is only number nine on our list of oil suppliers and Kazakhstan, Turkmenistan, Uzbekistan and Azerbaijan don’t event make it into the top twenty. “The answer is that unlike natural gas, oil is a commodity, so regardless of where we source our oil, what happens in other oil-rich countries impacts the stability of our price and our supply as well. As the National Petroleum Council reported last week, “There can be no U.S. energy security without global energy security.” “Oil is the tie that binds us all and threatens to choke us at the same time. “So take a minute to think about how drastically different our interactions with these countries would be if we did not rely so heavily on these countries’ resources. I think it goes without saying that we would have more leverage to promote democracy and civil society. Clearly oil constrains, if not drives, our foreign policy. “So while it is imperative that we work to limit our dependence on foreign oil and change the dynamic of supply and demand, it is just as important to create more stable and reliable sources of energy. One of the key ways the international community has sought to counteract the political and economic instability inherent in the resource curse is through programs that seek to instill transparency and accountability into the resource payment system,” said Hastings. Senator Benjamin L. Cardin’s Statement: “I am pleased that the Commission is now turning its focus to the nexus of energy and democracy. As the States of the Organization for Security and Cooperation in Europe (OSCE) pursue energy security, we must address why it is that so many of the resource-rich countries in the world are not democratic and whether development of both democracy and energy resources is an incompatible goal. “In the search for energy security in the OSCE region and beyond, democracy is an important contributing factor. Endemic corruption is an impediment to democracy. Last year the OSCE Parliamentary Assembly adopted a resolution I authored on limiting immunity for parliamentarians in order to strengthen good governance, public integrity and the rule of law in the OSCE region. Just recently Chairman Hastings and I met with the President of Ukraine who told us that this was one of the first things he would like to see accomplished once a new parliament is elected this September. This is an important step forward for Ukraine. “Broad immunity for parliamentarians can serve as a cover for corruption. I believe that good governance is the key to a properly functioning democracy. In many of the oil-exporting states, corruption and kleptocracy have become the norm and prevent democratic ideals from flourishing. The United States must consider the impact of its dependence on these types of states for energy security. “Countries that are mired in corruption are not reliable sources of energy. According to Transparency International, six of the top ten oil-exporting countries to the United States are among the most corrupt countries in the world. A lack of transparency within governments and the energy sector poses both a threat to energy exports and the ability of governments to properly manage revenue for their citizens. These governments are not accountable to their citizens and have taken advantage of the resources of the nation in pursuit of the self-interest of a few corrupt leaders. The result has been increasing political instability, and in some cases violent attacks on pipelines and refineries. “Not only does political instability threaten the physical ability to export oil and gas, but it also has created a poor investment climate. If we are to support development of energy resources, U.S. policy should certainly take into account the investment incentives in these countries. Corruption not only weakens those incentives, but also prevents those investments from producing real results in terms of security of supply. There is clearly a positive link between development of democracy and development of energy resources, which can be seen in some of the recent improvements to both in countries such as Azerbaijan. Additional steps are absolutely necessary to increase transparency in oil-exporting governments, but initiatives such as the “Extractive Industries Transparency Initiative,” and “Publish What You Pay,” are moves in the right direction and need U.S. support. “In order to achieve energy security, not only must we work towards our own energy independence, for which I have introduced legislation, but we must also ensure that the countries from which we import oil and gas are reliable sources. Combating corruption and increasing transparency are part of the process of democratic development and must be supported by U.S. policy if we are to attain long term energy security,” said Cardin. The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, is a U.S. Government agency that monitors progress in the implementation of the provisions of the 1975 Helsinki Accords. The Commission consists of nine members from the United States Senate, nine from the House of Representatives, and one member each from the Departments of State, Defense and Commerce.

  • Energy and Democracy: Oil and Water?

    As the States of the Organization for Security and Cooperation in Europe (OSCE) pursue energy security, the Commission will address why it is that so many of the resource-rich countries in the world are not democratic and whether development of both democracy and energy resources is an incompatible goal. Countries that are mired in corruption are not reliable sources of energy. According to Transparency International, six of the top ten oil-exporting countries to the United States are among the most corrupt countries in the world. A lack of transparency within governments and the energy sector poses both a threat to energy exports and the ability of governments to properly manage revenue for their citizens. These governments are not accountable to their citizens and have taken advantage of the resources of the nation in pursuit of the self-interest of a few corrupt leaders. The result has been increasing political instability.

  • Guantánamo Focus of Helsinki Commission Hearing

    By Erika Schlager On June 21, 2007, the Helsinki Commission held a hearing on "Guantánamo: Implications for U.S. Human Rights Leadership." Chairman Alcee L. Hastings presided over the hearing, joined by Co-Chairman Senator Benjamin L. Cardin, and Commissioner Rep. Mike McIntyre. House Majority Leader Steny H. Hoyer, a former Helsinki Commission Chairman, also participated. Prepared statements were also submitted by Commissioners Senator Christopher J. Dodd and Congresswoman Hilda L. Solis. Testimony was received from John B. Bellinger III, Legal Advisor to the Department of State; Senator Anne-Marie Lizin, President of the Belgian Senate and OSCE Parliamentary Assembly (OSCE PA) Special Representative on Guantánamo; Tom Malinowski, Advocacy Director, Human Rights Watch; and Gabor Rona, International Legal Director, Human Rights First. In addition, written testimony was received from the International Helsinki Federation for Human Rights. (A transcript of the hearing, along with testimonies submitted for the record, is available on the Helsinki Commission's website. The Department of Defense was invited to send a witness, but declined. Background: Guantanamo Raised at OSCE PA Meetings Although the Helsinki Commission largely focuses its attention on issues relating to the other 55 OSCE participating States, the Commission has periodically examined domestic compliance issues. In recent years, no other issue has been raised as vocally with the United States at OSCE PA meetings as the status and treatment of detainees captured or arrested as part of U.S. counter-terrorism operations. The issue came into particular focus at the OSCE PA’s 2003 Annual Session, held in Rotterdam, where a resolution [link] expressing concern over detainees at Guantánamo was debated and adopted. (The first detainees were transported to the detention facility in January 2002.) The vigorous debate in Rotterdam prompted then-Helsinki Commission Chairman Christopher H. Smith and then-Ranking Member Benjamin L. Cardin to lead a Congressional Delegation to the detention facility in late July 2003. At the 2004 Annual Session, held in Edinburgh, convened shortly after the Abu Ghraib scandal broke, the Assembly adopted a resolution [link], introduced by then-Chairman Smith, condemning torture and urging respect for provisions of the Geneva Conventions. An amendment to that resolution was also adopted, expressing particular concern regarding indefinite detention without trial at Guantánamo. In February 2005, Senator Anne-Marie Lizin, President of the Belgian Senate, was appointed by then-OSCE PA President Alcee L. Hastings as Special Representative on Guantánamo, with a mandate to report to the Assembly on the situation of detainees from OSCE participating States in the detention facility in Guantánamo. (Sen. Lizin continues to serve in that capacity at the request of the current OSCE Parliamentary Assembly President, Göran Lennmarker.) At the 2005 Annual Session, held in Washington, the Assembly adopted a resolution [link] on “terrorism and human rights,” reiterating concern regarding the Guantánamo detainees. Separately, Senator Lizin issued her first report on Guantánamo during the Washington meeting, calling for the detention facility at Guantánamo Bay to be closed. (Her report also touched on the positions of other OSCE participating States regarding the question of the detention of terror suspects.) During the Washington meeting, Department of Defense and Department of State officials also held a briefing for interested parliamentarians on Guantanamo and related issues. In March 2006, Senator Lizin was able, under U.S. Department of Defense auspices, to make her first visit to the detention facility. She returned to the facility a second time on June 20, 2007, just prior to testifying at the Helsinki Commission's hearing. In addition, Senator Lizin presented additional reports on Guantánamo at the Assembly’s Annual Sessions in Brussels (2006) and in Kyiv (2007). She has continued to call for the closure of the detention facility. Her reports are available on the OSCE Parliamentary Assembly website [link]. Testimony In opening the hearing, Chairman Hastings drew attention to the concerns that have been repeatedly raised about Guantánamo in the context of the Parliamentary Assembly. He also observed that "for all the 56 OSCE participating States, and not just the United States, the issue of how to safeguard human rights while effectively countering terrorism may be one of the most critical issues these countries will face for the foreseeable future." The first witness to speak was Legal Adviser Bellinger. Since taking up that position in 2005, Mr. Bellinger has been actively engaged in discussions with U.S. allies and at international fora (particularly the United Nations in Geneva, where he presented U.S. reports under the Convention Against Torture and the International Covenant on Civil and Political Rights) regarding the status and treatment of detainees held by the United States as part of its counterterrorism operations. This was the first time, however, that he had testified before Congress on these matters. Legal Adviser Bellinger briefly discussed the legal basis, under the law of armed conflict, for detaining combatants, and noted that the 9/11 Commission had recommended that the United States should work with other countries to develop an appropriate framework for the detention and treatment of terror suspects. He also described the considerable efforts he has made to engage allies in discussions on these matters. Bellinger acknowledged that President Bush has said he would like to close Guantánamo, but Bellinger argued that "closing Guantánamo is easier said than done." In particular, he suggested more needs to be done to address the question, where will the detainees go? In her remarks to the Commission, Senator Lizin observed that, since her 2006 visit to Guantánamo, the number of detainees there has significantly decreased. Nevertheless, "Guantánamo remains one of the bases for [an] anti-American fixation in the world and contributes to the [negative] image of the United States abroad, including [among] friendly countries.” She reiterated her recommendation that Guantánamo be closed and noted that Secretary of Defense Robert Gates has also called for the camp to be closed. Senator Lizin noted that 80 detainees are no longer considered enemy combatants and that OSCE participating States could do more to facilitate the transfer of these individuals to third countries. Both Tom Malinowski and Gabor Rona stressed that many Guantánamo detainees were not captured on the battlefield in Afghanistan, but were individuals turned over to the United States by bounty hunters responding to U.S. offers to pay large sums of money for turning in foreigners. Mr. Rona noted that, “[t]his government's own statistics say that 55% of the detainees were not found to have committed hostile acts. Only 8% were characterized as Al Qaida fighters, and 60% are detained merely because of alleged association with terrorists or terrorist groups." Mr. Malinowski discussed the dangerous example that U.S. interrogation and detention practices have set for other countries around the globe. (Similar views were echoed in the written testimony submitted by the International Helsinki Federation for Human Rights.) He also suggested that if the United States made a serious commitment to close Guantánamo, it would open the door for greater cooperation with other countries regarding the transfer of detainees. Moreover, Malinowski observed that, since 9/11, “the Justice Department has successfully prosecuted dozens of international terror suspects in the civilian courts . . . since then, the system at Guantánamo has succeeded in prosecuting one Australian kangaroo trapper to a sentence of nine months, which is serving back home in Australia." In his written and oral testimony, Mr. Rona took exception to the applicable legal framework advocated by the administration: "one need not choose between, on the one hand, affording terrorists the protections of prisoner-of-war status, to which only privileged belligerents are entitled, or, on the other hand, holding them in a law-free black hole. They can be targeted while directly participating in hostilities. And if captured, they can be interrogated, they can be detained, but in accordance with international and domestic law." Members React During the hearing, Chairman Hastings, Co-Chairman Cardin, and Majority Leader Hoyer all argued for closing the detention facility. Chairman Hastings said he could not believe "that the American federal prison system cannot try 380 people." He argued that the United States "should take every prisoner out of Guantánamo, no matter his or her status, and move them to a federal prison in the United States of America [and then] either release persons who are not charged, or charge them, try them and confine them in an appropriate federal prison." Regarding the notion that detainees were sent to Guantánamo because they were enemy combatants, Mr. Cardin remarked that there are “a lot of people who are combatants who are not at Guantánamo Bay," and that people were selected for transfer because of their perceived intelligence value. But in light of the many years that individuals have been held there, some for more than five years now, he argued that "the 380 people that are at Guantánamo Bay have no useful information that warrants a special facility for interrogation, which is what Guantánamo Bay was originally set up as . . . If Guantánamo Bay is needed today, it's needed as a penal facility. And as the Chairman pointed out, we have penal facilities. To keep a penal facility at such expense makes very little sense to the taxpayers of this country." Finally, Majority Leader Hoyer, who had pressed for the convening of such a hearing in recent years, argued for the restoration of habeas corpus rights that had been terminated by be Military Commission Act of 2006. He argued, "when Saddam Hussein was taken out of a hole and captured, we afforded him his legal rights to hear the evidence against him, to contest that evidence and to be represented by counsel. When Slobodan Milosevic was brought to justice after murdering tens of thousands and sanctioning the ethnic cleansing of more than 2 million people, he was afforded his legal rights. And even the Butchers of Berlin who committed genocide, murdering millions of innocents, were afforded their legal rights at Nürnberg. This was not coddling those who committed atrocities. It was recognizing that if civilization is to be what we want to be, it will be because it follows the rule of law and not the rule of the jungle."

  • Uzbekistan: Two Years after Andijan

    This briefing focused on prospects for human rights observance and improving U.S.-Uzbek relations two years after hundreds of protesters were gunned down in Andijan. Attention was also paid to the role of the European Union, which was scheduled to decide in the next week whether to renew, end or limit sanctions imposed after Andijan. Witnesses testifying at the briefing – including Robert Templer, Director of the International Crisis Group’s Asia Program; Olga Oliker, Senior International Policy Analyst for the Rand Corporation; and Daniel Kimmage, Central Asia Analyst for Radio Free Europe/Radio Liberty – discussed the challenges facing the 28 million people of Uzbekistan, including the widespread use of child labor in that country’s lucrative cotton industry. Political, economic and human rights developments in the Central Asian nation were also addressed.

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