Title

Smith Responds to the Release of Political Prisoners by Azerbaijan

Thursday, March 17, 2016

WASHINGTON—In response to the release of 14 political prisoners in Azerbaijan, Representative Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, made the following statement:

“I am relieved to know that these wrongly-held prisoners will be home with their families soon, but I remain concerned about the plight of the many other prisoners in Azerbaijan who are being held on politically-motivated charges. Anar Mammadli, the founder of an independent election monitoring group, was released, but he should have never been in prison. There are many others who should be released as well, such as Khadija Ismayilova, Intigram Aliyev, Ilgar Mammadov. I respectfully request President Aliyev to not only release all political prisoners, but also repeal the many undemocratic laws and regulations that prohibit the exercise of universally-recognized human rights in Azerbaijan.”

Human rights organizations estimate there are approximately 100 political prisoners in Azerbaijan. Despite the release of 14 prisoners today, there continue to be new arrests of journalists, bloggers and others who voice opinions the government deems critical.

Chairman Smith is the sponsor of the Azerbaijan Democracy Act of 2015 (H.R. 4264), a bill he introduced on December 16, 2015, to draw attention to the systematic efforts of the Government of Azerbaijan to eliminate the voices of independent journalists, opposition politicians, and civil society groups. In addition to denying U.S. visas to senior leaders of the Government of Azerbaijan, those who derive significant financial benefit from business dealings with senior leadership, and members of the security or judicial branches, the Azerbaijan Democracy Act also expresses the sense of Congress that financial penalties should be considered. Sanctions could be lifted when the Azerbaijani government shows substantial progress toward releasing political prisoners, ending its harassment of civil society, and holding free and fair elections.

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"She's not just some private lawyer. She's a tool of the Russian government." But why, Browder wanted to know, was Becker suddenly interested? "I can't tell you," she said. "But I think you'll be interested in a few hours." Browder flew off to the place he won't name, switched on his phone, and scrolled to the Times website. He drew in a sharp breath. He exhaled. F***. Donald Trump Jr. told the Times that the June 9, 2016, meeting had been about adoptions, which demonstrated either how out of his depth he was or how stupid he thought reporters were. If Veselnitskaya had been talking about adoption, she of course had been talking about the Magnitsky Act. Which meant she'd also been talking about Bill Browder. He read the story again, closely. Browder wasn't sure what the implications were. But if he'd known about it in real time—that the staff of a major-party presidential candidate was listening intently to those who accuse him of murder and want him extradited and imprisoned—he would have been terrified. "Putin kills people," Browder said to me one afternoon this autumn. "That's a known fact. But Putin likes to pretend that he doesn't kill people. So he tends to kill people he can get away with killing." Browder did not say this as if it were a revelation. (And technically it's an allegation that Putin has people killed, albeit one so thoroughly supported by evidence and circumstance that no one credibly disputes it.) Rather, he told me that by way of explaining why he was telling me anything at all: The more often and publicly he tells the story of Sergei Magnitsky, the less likely he'll be to get poisoned or shot or tossed out a window, which has happened to a number of Putin's critics. If anything does happen to him, he reasons, the list of suspects would be short. He spoke softly, methodically, though with great efficiency; not scripted, but well practiced. We were in the conference room of his offices in London. Afternoon light washed through a wall of windows, threw bright highlights onto his scalp, sparked off the frame of his glasses. Browder is 53 years old, medium build, medium height, medium demeanor, and was wearing a medium-blue suit. He does not look like a threat to Russian national security, which the Kremlin declared him to be 12 years ago. Still, there is a hint of steel, something hard and sharp beneath all of the mediumness; if he confessed that he'd served in the Special Forces, it would be a little surprising but not shocking. It was late September, and Donald Trump had been president for 248 days. In the weeks after the election, Browder was "worried and confused." Trump has a creepy habit of praising Putin, but he'd also surrounded himself with Russia hard-liners like General James Mattis, Nikki Haley, and Mike Pompeo—secretary of defense, ambassador to the United Nations, and director of the CIA, respectively. Browder war-gamed the Magnitsky Act but didn't see any way that Trump could kill it—Congress would have to repeal the law—only a chance that he might refuse to add more names to the target list. (Five people were added to the list last January, bringing the total to 44.) He figured the same was true with the Global Magnitsky Human Rights Accountability Act, which President Obama signed shortly before leaving office, expanding the targeted-sanctions tool to human-rights abusers worldwide. The Russians hate that law, too, because having "Magnitsky" in the title reminds the entire planet where the standard was set and by whom. The first months of the new administration unspooled, spring into summer. Trump's flirtation with Putin persisted, but with no practical effect. "The Russians got nothing," Browder said. Congress, in fact, imposed its own sanctions on Russia for meddling in the 2016 election, cutting Trump out of the loop entirely. "I watch this like a hawk," Browder said, "and so far they've gotten nothing. There's not a single piece of Russian policy that's gone Putin's way." But then, in July, the Times reported that Veselnitskaya had met with Trump Jr., Jared Kushner, and Paul Manafort, Trump's campaign manager at the time, in June 2016. That shifted the calculus. "America has been my staunchest ally," Browder said. "It wasn't an assumption but a question: Had they flipped my biggest ally?" That was still an open question when we met in London. Much more had been reported about Trump and Russia. Other contacts and communications were known, and details kept evolving, an endless, sloppy churn of information. There was more, too, about the meeting with Veselnitskaya, which happened two weeks after Trump secured the nomination: It was attended by eight people in all, including Rinat Akhmetshin, who is usually described as a former Russian military-intelligence officer, though that generously assumes that any Russian spook is ever fully retired from the spy game. Browder has another PowerPoint presentation on him. Additionally, Manafort's notes on the meeting reportedly mentioned Browder by name. This is all bad. "They were in a meeting to discuss Bill Browder, the Magnitsky Act, and how to get the Magnitsky Act repealed," he said. "Now, what [the Russians] were offering in return, we don't know. But if it had just been a courtesy meeting, only one of [the Trump team] would have showed up." Maybe no one will ever know what, if anything, the Russians offered. But there's no doubt what they wanted, and how badly. In a four-page memo prepared for the meeting by Veselnitskaya (and later obtained by Foreign Policy), the Magnitsky Act was inspired by "a fugitive criminal" who ripped off the Russian treasury and then went on a worldwide publicity tour to, apparently, cover it up. "Using the grief of the family of Magnitsky to his own advantage, Browder exposes them as a human shield to distract attention from the details of his own crime," she wrote. Passage of the Magnitsky Act, moreover, marked "the beginning of a new round of the Cold War." That is an assertion as grandiose as it is belligerent. And yet it is not wholly inaccurate. To understand why the Kremlin is so perturbed, it helps to understand Bill Browder. In many ways, he is the Rosetta Stone for decoding the curious relationship between the Trumps and the Russians. Browder's grandfather Earl was a communist. He started as a union organizer in Kansas and spent some time in the Soviet Union in the 1920s, where he married a Jewish intellectual and had the first of his three sons, Felix. The family moved to Yonkers in 1932, where Earl became secretary general of the Communist Party USA. He ran for president twice, in 1936 and 1940, and Time magazine put him on its cover in 1938 above the headline COMRADE EARL BROWDER. His fortunes fell in 1941, when he was convicted of passport fraud. His four-year sentence was commuted after 14 months, and he was released into relative obscurity until the 1950s, when he was harassed by the House Un-American Activities Committee. Bill's grandmother steered her boys away from politics and toward academics, in which they wildly overachieved. Felix enrolled at M.I.T. at the age of 16, graduated in two years, and had a Princeton Ph.D. in math when he was 20. He met his wife, Eva, at M.I.T., a Jewish girl who'd fled Vienna ahead of the Nazis and spent her teenage years in a tenement with her impoverished mother. Felix and Eva had two boys. Their first, Thomas, took after his father: University of Chicago at 15, doctoral student in physics at 19. Their second, Bill, did not. He liked to ski and smoke and drink. He got kicked out of a second-tier boarding school and barely got into the University of Colorado, which was fine with him because it was a notorious party school. By his account, he spent his formative years rebelling against everything his leftist-intellectual family held sacred. "Rejecting school was a good start, but if I really wanted to upset my parents, then I would have to come up with something else," he wrote in his 2015 book, Red Notice: A True Story of High Finance, Murder, and One Man's Fight for Justice. "Then, toward the end of high school, it hit me. I would put on a suit and tie and become a capitalist. Nothing would piss off my family more than that." He started studying, transferred to the University of Chicago, got into a two-year pre-MBA program at Bain & Company, in Boston. He parlayed that and an essay about Comrade Earl Browder—from communist to capitalist in two generations!—into a seat at Stanford. Out of genealogical curiosity, he began thinking about Eastern Europe. "If that's where my grandfather had carved out his niche," he wrote, "then maybe I could, too." He got a job with a consulting firm and moved to London in August 1989. Three months later, the Berlin Wall fell and the Soviet Union crumbled. Eastern Europe was wide open for business. His first account was consulting for a Polish bus manufacturer that was bleeding cash. It was miserable work in a miserable little city, but while he was there his translator explained the financial tables in the local newspaper. With the fall of communism, nationalized companies were being privatized and their stocks were offered at fire-sale prices: A company with $160 million in profits the previous year had a stock valuation of only $80 million. Browder invested his entire savings, $2,000, in Polish stocks. He eventually walked away with $20,000. He'd found his niche. By 1993, he was in Moscow, investing in staggeringly undervalued stocks: He invested $25 million and turned a $100 million profit. With money that good and almost no Western competition, Browder, in 1996, raised enough cash to open his own fund, Hermitage Capital. Over the next decade, Hermitage did exceptionally well. The downside, though, was that the economy wasn't transitioning from communism to capitalism so much as it was devolving into gangsterism. Corruption was endemic. A handful of oligarchs looted and swindled at their leisure. Browder countered by positioning himself as an activist shareholder; he and his staff would piece together who was ripping off what, name names, try to impose a modicum of order on a lawless system. When Vladimir Putin rose to power, Browder believed he was a reformer eager to purge the kleptocracy. In 2003, for example, Putin arrested the country's richest man, oil magnate Mikhail Khodorkovsky, charged him with fraud, and displayed him in a cage in a courtroom until his inevitable conviction. In the context of the time, many critics saw the ordeal as a capricious show trial orchestrated by an authoritarian thug. Not Browder. "I would trust Putin any day of the week," he told The Washington Post in early 2004. "It's like being in a lawless schoolyard where there's bullies running around and beating up all us little people, and then one day a big bully comes along and all the little bullies fall into line. That's what the state is supposed to be—the big bully." But Putin, he discovered, wasn't pushing for good corporate governance. He was taking over the rackets. Putin put Khodorkovsky in a cage for the same reason Vito Corleone put a horse's head in Jack Woltz's bed: to send a message. Oligarchs could steal, but they had to pay tribute. Oligarchs no longer needed to be named and shamed; they needed to be kept in line and to keep earning. At that point, an activist shareholder like Browder became an expensive nuisance. Browder was kicked out of the country on November 13, 2005. For a while, he thought the Russian bureaucracy had made a mistake by canceling his visa, confusing him with someone else, perhaps, or misfiling some paperwork. He enlisted the help of British diplomats—Browder had been a British citizen since 1998—to no avail. There had been no mistake. Browder had been declared a threat to Russian national security. Hermitage Capital remained in business, though, its office run by Browder's staff while he oversaw operations from London. But in Moscow, the pressure only increased. In June 2007, security forces raided Hermitage and the office of the law firm it employed. They carted away computers and files and, interestingly, all the corporate seals and stamps. At first, none of that made sense. But then Sergei Magnitsky, a 36-year-old Muscovite who handled tax matters for Hermitage, started digging around. He eventually discovered three of Hermitage's holding companies had been used by Russian gangsters to swindle $230 million in tax rebates. It was a straight-up robbery of the Russian treasury. The scam wasn't unheard of, except the amount was perhaps the largest such tax fraud ever uncovered in Russia. Browder and his staff reported the theft to the authorities and the media in the summer of 2008. They even named suspects, including some of the security officials who'd earlier been involved in the office raids. Nothing happened. Then, a few months later, on November 24, 2008, Sergei was arrested at his home. He was held for nearly a year in various prisons, overrun with rats and damp with sewage. According to complaints Sergei wrote, he was fed porridge infested with insects and rotten fish boiled into mush. He contracted pancreatitis and gallstones but was refused treatment. Yet he was repeatedly told he would be released if he would recant his allegations and, instead, implicate Browder as the mastermind of the tax scam. He refused every time. Almost a year after he was arrested, desperately ill, Sergei was handcuffed to a bed rail in an isolation cell. Eight guards beat him with rubber truncheons. A little more than an hour later, he was dead. Before Sergei was killed, Browder had been lobbying anyone he could think of to pressure the Russians into releasing his accountant. One of the agencies he approached in the spring of 2009 was the U.S. Helsinki Commission, an independent federal agency in Washington that monitors human rights in 57 countries, including Russia. Kyle Parker, one of the Russia experts there, wasn't interested. He knew who Browder was—the money manager who'd championed Putin, the guy who'd made the rounds of Western capitals a few years earlier trying to get his visa restored. He assumed that's what Browder was still after. "Not gonna be able to make it," he e-mailed a colleague scheduling the meeting. "Unless much has changed, I see this meeting as info only and would not support any action on our part." He eventually met with Browder, though, and he listened to the story of Sergei. Parker understood, but it didn't seem especially uncommon. "I was thinking: Why is Bill trying to suck us into a pissing match between competing criminal groups?" Parker didn't even include Sergei in a 2009 letter to Obama highlighting the commission's most pressing concerns. After Sergei had been killed, Browder went back to the Helsinki Commission. Parker told him how sorry he was. He told him that he cried when he heard Sergei was dead, that he read about it through teary eyes on the Metro, riding the Red Line home to his wife and kids. He said he was going to help. "Here you have this Russian hero almost of a literary quality in Sergei Magnitsky," Parker told me. "He wasn't a guy who went to rallies with a bullhorn and protested human-rights abuses in Chechnya. He was a bookish, middle-class Muscovite. I see Sergei metaphorically as that Chinese guy standing in front of the tanks, but with a briefcase. He provided an example for all the other Russians that not everybody goes in for the deal, not everybody is corrupt, not everybody looks the other way when people are swindled." What Browder wanted was some form of justice for Sergei, though what form that would take was unclear. He'd researched his options for months. The Russians weren't going to prosecute anyone—officially, Sergei died of heart failure. There was no international mechanism to hold Russian nationals criminally accountable in another country. "Eventually," Browder said, "it became obvious that I was going to have to come up with justice on my own." He outlined a three-pronged approach. One was media, simply getting Sergei's name and his death and the reasons for it into the public consciousness. He talked to reporters, and he produced a series of YouTube videos, short documentaries on the people allegedly involved in Sergei's death. The second was tracing the money. "They killed him for $230 million," Browder said, "and I was going to find out where that money went." It was parceled out to dozens of people, tucked away in Swiss accounts and American real estate and Panamanian banks, some of it held by proxies; part of it allegedly ended up in the account of a Russian cellist who happened to be a childhood friend of Putin's. By mining bank transfers and financial records, Browder and his staff have accounted for much of it, including $14 million allegedly laundered by a Cypriot company into Manhattan property. (The Justice Department froze those funds in 2013 but settled with the company, Prevezon, last summer for $5.9 million. Prevezon's owner, a Russian named Denis Katsyv, is represented by Natalia Veselnitskaya. The case did not allege that he had any role in Magnitsky's death.) The final prong was political. Browder had heard about an obscure regulation that allows the State Department to put visa restrictions on corrupt foreign officials. But in the spring of 2010, the Obama administration was attempting to normalize relations with Russia—a "reset," as Obama famously put it. People die horrible deaths every day, and it's terrible and it shouldn't happen. But Russia is also a large country with a significant sphere of geopolitical influence and a lot of nuclear weapons. In that context, a dead middle-class tax lawyer wasn't relevant. But what if, Parker suggested, they went to Congress? What if the legislature, rather than the administration, took action? That was also a long shot. Getting any law passed is difficult, let alone one the administration opposes. But Browder told Sergei's story to congressional committees and individual senators and congressmen, and he kept telling it until the Sergei Magnitsky Rule of Law Accountability Act was passed by both houses of Congress and signed into law 11 days before Christmas 2012. The act originally named 18 Russians, including bureaucrats implicated in the original scam; investigators Sergei had accused of being involved and getting a cut of the $230 million; jailers who tormented him; and two alleged killers. As more of the stolen money was traced, more names were added to the list. Everyone on it is banned from entering the United States and, more damaging, cut off from the American banking system. That has a ripple effect: Legitimate financial institutions all over the world monitor the Treasury Department list of sanctioned individuals and are loath to do business with anyone on it. "That's what people hate about it the most," Browder said. "It makes you a financial leper." And that matters to Putin, Browder maintains, because the Russians on the list are not independently wealthy, like, say, Bill Gates or Richard Branson. "They're dependently wealthy," he said. "They're dependent on Putin." If the deal is that corrupt Russians can keep their cash in return for their loyalty, the Magnitsky Act is an enormous thorn in Putin's side. If he can't protect anyone's pilfered money, what's the point of loyalty? Putin surely understands that, because he was so transparently rattled: Taking orphans hostage is not the reasoned reaction of a man merely annoyed. Browder initially wanted to call the law the Justice for Sergei Magnitsky Act. But Parker never took to that. "Banning some corrupt officials from coming here isn't even close to justice," he said. "But it's a legislative monument to Sergei Magnitsky until one day Russia builds a stone monument to him. Because I have no doubt he'll be seen as the Russian patriot and hero that he was." Not quite three weeks after the Times broke the story of Veselnitskaya lobbying the Trump campaign to get rid of the Magnitsky Act, Browder testified before the Senate Judiciary Committee about, primarily, how Russian operatives wield influence and frame their propaganda. Eight years after he'd started targeting a handful of Russian crooks, Browder was suddenly very relevant to a much larger political storm. He flew home to London after he testified but had to return to the United States in early August. He checked in at an airline counter in Heathrow but was told there was a problem with his visa. He'd been flagged by Interpol, which had issued a red notice on him. It's basically an international arrest warrant, and it was the fourth requested by the Russians for Browder. Technically, a member nation is supposed to extradite him to the country that asked for the notice. But the British, along with other sensible Western nations, stopped taking Russia's attempts regarding Browder seriously years ago. In the end, it was only an inconvenience. But what if he'd been in, say, Finland when that notice popped up? The Finns are fine people, but they also have a 500-mile border with Russia. Would letting Browder go be worth risking an international incident with a bigger, more aggressive neighbor? He can make a reasonable case that, no, he would not be worth it. "I'm very realistic about who's coming to my defense," he said. "I am my defense." So he's careful. He avoids countries that might be friendly to Putin. Much of the Third World is out. So is Hong Kong. He'd be fine in Japan, but only if he didn't fly over Russian airspace. What if the plane has trouble and makes an emergency landing in Novosibirsk? That's where Khodorkovsky was seized and hauled off to a cage. Even in London, he's cautious. He won't talk about his family or where he lives. He varies his schedule and his route to work every day. He doesn't eat in the same restaurant twice in succession, or in any restaurant with predictable frequency; Russian agents have reputedly twice poisoned dissidents in London. He told me the British government has rebuffed at least a dozen requests to extradite him, and American intelligence has warned him that Russian agents planned to grab him off the street. Years ago, a Russian living in London came to Browder's staff with information about certain wealthy, corrupt people in Moscow. He was cagey and shifty and, at first, it seemed like he might be a Russian agent trying to plant false clues. But his information checked out and Browder learned who he really was. His name was Alexander Perepilichnyy, and he was nervous because he believed he was on a Russian hit list. On November 10, 2012, Perepilichnyy dropped dead in front of his house in Surrey. There was no obvious cause of death—no heart attack or stroke or aneurysm—and an inquest wasn't opened until last June. Perepilichnyy wasn't a well-known dissident, so no one thought to take a hard look when he died. "They got away with it," Browder said, meaning the Russians. "That's a perfect example of why you don't want to be an anonymous guy who drops dead." So Browder is deliberately not anonymous. He does not live in cloistered fear. When a car service got confused trying to pick him up for a photo shoot—definitely a way to not be anonymous—we took the Tube a few stops, then walked through Kentish Town to the studio. There was no security, just two men wandering around London. He has hobbies that he asked I not name, but none of them are solitary or sedentary. "One thing I can tell you," he said, "with the threat of death hanging over you, you live life to the fullest." He laughed a little. In this new version of his life, Browder is still most often referred to as a financier, but that's only marginally true. He gave all his investors their money back, and manages only his own now. Justice for Sergei—and aggravating Putin—is his full-time job. His staff of 11 tracks money launderers, deciphering which flunky is fronting for which oligarch, sniffing out the rest of that $230 million. He lobbies other governments to pass their own versions of the Magnitsky Act. The United Kingdom has one, as does Estonia. Lithuania is close, and Canada passed one in October. "Unconstructive political games," Putin told a Canadian interviewer immediately after, orchestrated by "the criminal activities of an entire gang led by one particular man, I believe Browder is his name." And Putin wasn't finished. A week later, Russia slipped another red notice into Interpol's system. For the second time in three months, Browder was temporarily barred from entering the U.S. It's relentless, Putin clawing at him, thrashing. "Their main objective is to get me back to Russia," he said. "And they only have to get lucky once. I have to be lucky every time." "Everything Bill's done has cost him tremendously," Parker said. "It's cost him money, restricted his personal freedom. And he didn't have to. He was out of Russia. He could have done what many did and walked away. Bad things happen, right? But here's a guy who's proven whatever he needed to prove to himself. He made his money. Now here's a way to find meaning. It's also a debt of honor." No, it's more than that. "It's penance," Browder said. Sergei Magnitsky was an ordinary Muscovite who happened to work for an American who annoyed Vladimir Putin. "Sergei was killed because of me. He was killed instead of me." He let that hang there a moment. "So, yeah, it's all penance." Sean Flynn is a GQ correspondent. This story originally appeared in the December 2017 issue with the title "Putin Enemy No.1."

  • Internet Freedom in the OSCE Region: Trends and Challenges

    On Tuesday, November 14, 2017 the U.S. Helsinki Commission held a briefing on internet freedom in the OSCE region. The panelists – Sanja Kelly, Director of Freedom House’s Freedom on the Net; Dariya Orlova, Senior Lecturer and Deputy Director for Research at the Mohyla School of Journalism in Kyiv, Ukraine; Berivan Orucoglu, Human Rights Defenders Program Coordinator at the McCain Institute; and Jason Pielemeier, Policy Director at the Global Network Initiative – discussed concerning developments in participating States. First, Sanja Kelly provided an overview of Freedom House’s work on internet freedom issues and described the recent edition of the Freedom on the Net report, which was released that very day. The report found that internet freedom declined for the seventh consecutive year around the world, but that the situation among OSCE participating States is more diverse. The region includes some of the report’s best performers, such as Estonia, Iceland, Germany and the United States, as well as some of its worst performers, with Russia, Turkey and Uzbekistan. She also noted the concerning finding that Russia is using the internet to interfere in domestic processes in other OSCE participating States. She pointed out that the “same manipulation techniques, including paid pro-government commentators, bots and fake news, that the Russian authorities have been using in their disinformation campaigns abroad, have long been used … against Russian independent journalists, political opponents and other critical voices.” After that, Dariya Orlova gave an account of the deteriorating internet freedom situation in Ukraine. To blame for this decline, she said, is the introduction of bans on several Russian internet services, including social media networks, email services and search engines. According to Dariya, there has been a lack of outspoken critique against these measures among domestic audiences. She also drew attention to the increasingly dangerous environment that online activists and journalists find themselves in. Then, she briefly explained some of the Kremlin’s tactics when it comes to weaponizing social media platforms. Berivan Orucoglu focused her remarks on the sharp decline in internet freedom that Turkey has experienced in the past few years. In her eyes, this reflects a crackdown on press freedom and freedom of expression more generally. In an effort to control the narrative, the Turkish government has jailed journalists, curbed dissent on social media, as well as in the mainstream media and otherwise intimidated critics. More often than not, national security reasons are cited as justification for these measures. In closing, Jason Pielemeier introduced his organization, the Global Network Initiative, to the audience and proceeded to place some of the aforementioned internet freedom trends into historical context. By doing so, he tried to understand the motivations of repressive regimes to clamp down on online activity. He also touched on more technical aspects of the discussion, such as data localization and the effects such measures have on intelligence operations.

  • Turkey’s Detention of U.S. Citizens to Be Scrutinized at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: PRISONERS OF THE PURGE: THE VICTIMS OF TURKEY’S FAILING RULE OF LAW November 15, 2017 9:30AM Dirksen Senate Office Building Room 124 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce111517 In July 2016, the Turkish people helped defeat a coup attempt that sought to overthrow their country’s constitutional order. In pursuing those responsible for the putsch, however, Turkish authorities created a dragnet that ensnared tens of thousands of people. The state of emergency declared by President Erdogan in the immediate aftermath of the coup attempt remains in effect today and gives the government vast powers to detain or dismiss from employment almost anyone, with only minimal evidence. Caught up in the sweeping purge are several American citizens, including pastor Andrew Brunson, who worked and raised his family in Turkey for more than 23 years. Despite the efforts of the President of the United States, among many others, he has spent more than a year in jail without trial on national security charges. Additionally, a Turkish-American NASA scientist and two Turkish employees of U.S. consulates stand charged with terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks.     The U.S. Helsinki Commission hearing will examine the factors contributing to the detention of American citizens, particularly Mr. Brunson, and U.S. consulate employees in Turkey, as well as the judicial processes to which they have been subject. One of Mr. Brunson’s family members and his U.S. attorney will testify about his ongoing detention. Witnesses will also discuss the impact of these arrests on U.S.-Turkey relations and policy recommendations that could help secure their release and promote Turkey’s respect for its rule of law and other commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE). Panel One: Jonathan R. Cohen, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs, U.S. Department of State Panel Two: CeCe Heil, Executive Counsel, American Center for Law and Justice (ACLJ) Jacqueline Furnari, Daughter of Andrew Brunson Nate Schenkkan, Director of the Nations in Transit Project, Freedom House

  • Religious Freedom Violations in OSCE Region Topic of Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: RELIGIOUS FREEDOM VIOLATIONS IN THE OSCE REGION: VICTIMS AND PERPETRATORS Wednesday, November 15, 2017 2:00PM Russell Senate Office Building  Room 385 Live Webcast: www.facebook.com/HelsinkiCommission All 57 participating States of the Organization for Security and Cooperation in Europe have committed to recognize and respect religious freedom as a fundamental freedom. However, some OSCE countries are among the worst perpetrators of religious freedom violations in the world. Tajikistan, Turkmenistan, and Uzbekistan are currently designated by the U.S. State Department as “Countries of Particular Concern,” a designation required by U.S. law for governments that have “engaged in or tolerated particularly severe violations of religious freedom.” The U.S. Commission on International Religious Freedom has recommended that Russia also be designated as a CPC and includes Azerbaijan, Kazakhstan, and Turkey in its list of “Tier 2” countries that “require close monitoring due to the nature and extent of violations of religious freedom engaged in or tolerated by governments.” This briefing will happen just two days after CPC designations are due on November 13 (U.S. law requires the State Department to issue new CPC designations no later than 90 days after releasing its annual International Religious Freedom report). Panelists – including a representative from a frequently targeted religious group – will discuss religious freedom victims, violators, and violations in the OSCE region. The conversation will include recommendations for what governments and the OSCE institutionally should do to prevent and respond to violations. The intersection between security, a chronic justification for violations, and religious freedom will be featured. The following panelists will offer brief remarks, followed by questions: Ambassador Michael Kozak, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State Dr. Daniel Mark, Chairman, U.S. Commission on International Religious Freedom Dr. Kathleen Collins, Associate Professor of Political Science, University of Minnesota, and Scholar, Under Caesar’s Sword (a global three-year research project investigating how Christian communities respond when their religious freedom is severely violated) Philip Brumley, General Counsel, Jehovah’s Witnesses  

  • Helsinki Commission Briefing to Examine State of Internet Freedom in OSCE Region

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: INTERNET FREEDOM IN THE OSCE REGION: TRENDS AND CHALLENGES Tuesday, November 14, 2017 1:00PM Senate Visitors Center (SVC) Room 215 Live Webcast: www.facebook.com/HelsinkiCommission For seven straight years, internet freedom in Eurasia has been on the decline, with countries like Russia and Turkey among the worst offenders. Independent websites are frequently censored and bloggers and netizens are being jailed for promoting human rights or documenting abuse. Meanwhile, governments are employing manipulation and disinformation campaigns to control the online information landscape and silence opposing voices, weaponizing social media to preserve power. On November 14, Freedom House will release the newest edition of its Freedom on the Net report, an annual assessment of internet access, censorship, and user rights in 65 countries, encompassing 87 percent of all internet users. Featuring the report’s main findings, this briefing will examine declining internet freedom globally and in the OSCE region, and its impact on broader democracy and human rights; growing cyberattacks against human rights defenders in Russia and the former Soviet sphere; and government use of social media to manipulate discussions and attack critics. The following panelists are scheduled to participate: Sanja Kelly, Director, Freedom on the Net, Freedom House Dariya Orlova, Senior Lecturer, Mohyla School of Journalism in Kyiv, Ukraine Berivan Orucoglu, Human Rights Defenders Program Coordinator, The McCain Institute Jason Pielemeier, Policy Director, Global Network Initiative

  • Belarus: 25 Years after Signing the Helsinki Final Act

    In July 2017, Belarus hosted the OSCE Parliamentary Assembly (PA) Annual Session.  However, two decades ago, the OSCE PA refused to even recognize the legitimacy of Belarus’ putative elected representatives.  What has changed? Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law, Scott Rauland, Senior State Department Advisor, and Michael Newton, Intern

  • International Day to End Impunity for Crimes against Journalists

    By Jordan Warlick, Staff Associate and Olivia Leggieri, Intern November 2, 2017, marks the fourth International Day to End Impunity for Crimes against Journalists since the United Nations General Assembly’s resolution in December 2013. The UN chose this date in November to commemorate the assassination of two French journalists who were murdered while on assignment in Mali. This day serves as a reminder of the obligation of nations to take urgent measures to protect journalists and media workers and to bring the perpetrators of such targeted violence to justice. Currently, only one in ten cases committed against journalists worldwide ends in a conviction; since 1992, 695 journalists have been murdered with impunity in connection with their work. The assassination of Russian journalist Natalya Estemirova in 2009 illustrates these cases of impunity. Estemirova was a courageous investigative reporter who covered government atrocities in the Chechen Republic of the Russian Federation, particularly after Vladimir Putin launched the second Chechen war in 1999 in response to a series of apartment bombings.  In 2006, she visited the Helsinki Commission to discuss her findings regarding human rights violations by Chechen authorities.  At the meeting, she also expressed concern about the rising justification for the use of torture as a tool of counterterrorism in many countries, observing, “You cannot protect the law using illegal methods.” Estemirova was abducted in Grozny, the capital of Chechnya, on the morning of July 15, 2009, and found murdered in Ingushetia later that day. She was the fifth Novaya Gazeta journalist killed since 2000; to this day no one has been held responsible for her murder. At the time of her assassination, she was 51 years old and left behind a 15-year-old daughter. Then-Helsinki Commission Chairman Senator Ben Cardin, Co-Chairman Congressman Alcee Hastings, and Ranking Members Senator Sam Brownback and Congressman Chris Smith condemned her murder. Chairman Cardin stated, “Murder and intimidation of activists and journalists is both a serious violation of human rights and an affront to any democracy.” On the one-year anniversary of Estemirova’s murder, then-Co-Chairman Representative Alcee Hastings introduced a resolution in the House of Representatives to express solidarity with human rights defenders in the Russian Federation. The resolution called for an end to impunity for those responsible for such acts through the conduct of timely, transparent and thorough criminal investigations into the unresolved murders of human rights defenders, journalists, and political opposition members and the prosecution of all of those responsible for these crimes. Chechen nationalists have also targeted Russian journalist Karina Orlova, who participated in a recent Helsinki Commission briefing on systematic violence against journalists in Russia and other OSCE participating States in the region. These threats ultimately led her to flee Russia and become a correspondent for Radio Echo of Moscow in Washington, D.C.  She emphasized that attacks such as the ones she received force journalists to self-censor, but vowed to never do so herself. Ruthless regimes do not have to kill every independent, critical, investigative journalist, just enough so that others will get the message and fall silent or leave.  Violent attacks against journalists are often preceded by government-sanctioned or led smear campaigns and other forms of harassment. Participating States of OSCE are committed to protecting the freedom of the media and improving working conditions for journalists. However, violence against journalists in OSCE participating States signals a lack of compliance with the Helsinki Accords, and further, the need to bring justice to those attempting to silence the independent press. 

  • Parliamentarians and Commissioners Discuss Europe’s Changing Landscape and BREXIT

    By Mischa Thompson, Policy Advisor As part of a week of activities, top European legislators participated in a Capitol Hill event hosted by Helsinki Commissioners Representatives Gwen Moore (WI-04), Sheila Jackson Lee (TX-18), and Alcee L. Hastings (FL-20) on the potentially far-reaching impact of BREXIT and several European elections for the 57 North American and European countries that make up the region of the Organization for Security and Cooperation in Europe (OSCE).   Member of the European Parliament and former Italian Integeration Minister Cecile Kyenge launched the event with the assertion that the United Kingdom’s June 23, 2016 decision to leave the European Union (EU)—often described as BREXIT—“shook the European Project to its core with the unprecedented case of [a] Member State parting from the EU.”  Beyond BREXIT testing the EU, she also said it was a test for EU values.  Reminding the audience that “the motto of the EU is ‘United in Diversity’ [and] its significance in Europeans coming together for peace and prosperity [across cultures],” she also noted how BREXIT had divided communities throughout the EU. Building on these remarks, Commissioner Representative Sheila Jackson Lee highlighted the global leadership role the UK has played in human rights and asked the European delegation how BREXIT might impact this role going forward. UK Parliamentarian David Lammy noted that the BREXIT vote was an extraordinary break from the past.  “The British put politics before the economy [to] end the free movement of people across Europe,” he stated.  “BREXIT will lead to economic decline in the short to medium term [and] will not lead to an end to immigration […] because when Britain goes to negotiate free trade agreements with [for example]  India, the first thing they will say is they want visas for their people to come to the UK […]  We will be trading immigration from Eastern Europe from other parts of the […] Commonwealth.”  He also acknowledged that while a “UK-US FTA (free trade agreement) is being discussed,” an agreement could have negative implications for the British on issues from the “National Health Service [to] genetically modified foods and crops.” Observing that BREXIT was part of a long-standing conversation on immigration, refugees, and the economy of the European Union, Swedish Parliamentarian Momodou Jallow said, “Europe has an aging population and that means we need as many people as possible with the competencies we need to sustain the living conditions we created.”  Critical to sustaining European economies and standards of living, he highlighted the importance of “creat[ing] conditions for people to come work [under] the same labor conditions as Swedes and the need for social investments so all can work, pay taxes, [and] for a better society.”   “Policymakers have to do better to explain there is no conflict to have everyone work and maintain the living conditions we have created,” he stated.  He also raised the EU’s history of defending human rights and challenges to that image during the current refugee crisis. Noting that Britain has a need for trained adult workers “to scale up its workforce” in addition to a huge regional problem with wealth and power being centralized in London and resources not being adequately distributed throughout the country, Lammy said, “We should blame successive domestic governments for this failure in those communities.  The EU was giving us little bits of substantive money to actually make things easier for people [in other regions].  Unfortunately, we could see the breakup of the UK,” he lamented. Despite the uncertainty presented by BREXIT, Commissioners Representatives Sheila Jackson Lee and Gwen Moore vowed to continue transatlantic cooperation.  Closing remarks by Representative Moore reminded participants of the role in global security and leadership the UK has played including in human rights and the continuing importance of U.S. civil rights leaders working with civil society across the Atlantic.  “We are concerned and wondering about the global implications BREXIT has for human rights,” she said.   In the spirit of accountability and transparency “It is important for us to remain citizens and partners,” she said. In addition to meetings with representatives of the U.S. government, private sector, and civil society, the European delegation also spoke at the Congressional Black Caucus Foundation’s Annual Legislative Conference. For more information on the Transatlantic Minority Political Leadership Conference, download the full report.

  • Organization Profile: Forum 18

    The Helsinki Final Act of 1975 recognizes religious freedom as a “human right and fundamental freedom.” Participating States of the OSCE “will recognize and respect 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.” The Helsinki Commission promotes and defends the religious freedom of people in the OSCE region, particularly prioritizing the cases of individuals and communities whose religious freedom has been violated and laws and policies that conflict with the Helsinki Final Act. Forum 18 is a news organization dedicated to reporting on violations of religious freedom in several OSCE participating States, including in Central Asia and the South Caucasus; Russia; Belarus; and Turkey. Helsinki Commission Policy Advisor Nathaniel Hurd interviewed the editors of Forum 18 by email to learn more about their work and views about religious freedom in the countries they cover. According to the editors, “The mission of Forum 18 is to provide original, reliable and detailed monitoring and analyses of threats and actions against the freedom of religion and belief of all people, whatever their religion or belief (including atheism and agnosticism), in an objective, truthful and timely manner.” Violations of Religious Freedom in the Former Soviet Union Forum 18 focuses its work on the states of the former Soviet Union, which the organization considers the worst violators of freedom of religion in the region. “The worst violators of freedom of religion and belief in the territories Forum 18 monitors – governments – target anyone and any religious community they see as actually or potentially outside their control,” the editors noted. “Azerbaijan, for example, claims to be ‘an example of tolerance’ yet has repeatedly closed Sunni Muslim mosques. A 2014 police list of banned books [in Azerbaijan] includes Islamic texts by theologian Said Nursi, Jehovah's Witness texts, and the Old Testament or Hebrew Bible used by Christians and Jews. Police have long confiscated these texts and others during raids on Muslim, Jehovah’s Witness, and Baptist private homes and meetings of people exercising their right to freedom of religion or belief. There are many prisoners of conscience, especially human rights defenders and journalists. On July 3, 2017 Shia Imam Sardar Babayev was jailed for three years for leading mosque prayers because he was educated abroad.” “The reality of freedom of religion and belief violations by governments in these territories and the necessity of documenting them is why we were founded,” noting that they work to protect the freedom of everyone whatever their religion or belief (including atheism and agnosticism). “Our founders and staff were and are totally convinced as a matter of Christian conviction that everyone with no exceptions – including people who would completely disagree with the Christian faith – must…be able to freely exercise the freedom of religion and belief, and related rights such as the freedoms of expression, association and assembly…Our personal experience in the territories we monitor and other states (such as the former East Germany), as well as our own convictions, make us committed to Forum 18’s work of monitoring and analyzing governments’ violations of their international human rights law obligations.” In addition to its work on Azerbaijan, Forum 18 is also focusing on Uzbekistan’s raids, fines, jailing, and torture of Muslims, Protestants, and Jehovah’s Witnesses, as well as the increasing number of prisoners of conscience being jailed in Kazakhstan for exercising freedom of religion and belief, including alleged adherents of Muslim missionary movement Tabligh Jamaat, Jehovah’s Witness Teymur Akhmedov, and Seventh-day Adventist Yklas Kabduakasov. Kazakhstan has also banned all mosques outside state control; expressions of non-Sunni Hanafi Islam; and discussion of faith by people without state permission, or not using state-approved texts, or outside state-approved locations. Kazakhstan’s persecution of atheist writer Aleksandr Kharlamov is also of concern. In Russia, Forum 18 actively monitors the government’s “anti-extremist” nationwide ban on Jehovah’s Witnesses, as well as “anti-extremist” prosecutions, fines and jailing of Muslims and Jehovah’s Witnesses, including cases like that of Muslim Yevgeny Kim, who in in June 2017 was sentenced to three years in prison. Forum 18 is also concerned about nationwide religious literature bans, with the possessors of such texts being liable to criminal prosecution. Accuracy and Objectivity Are Key “Our overriding editorial objective is to as accurately as possible present the truth of a situation, both implicitly and explicitly,” note the editors of Forum 18. “It is vitally important that we cross-check information with local people, including religious communities and other human rights defender organizations where these exist. It is equally vital that in our published articles we carry the views of local people and human rights organizations – this enables local people to make their views on human rights violations known.” “Similarly, we always seek the comments of relevant officials, such as public prosecutors, police and secret police officials, within the country being written about,” they continued. “Every article we publish includes information on all the sources used, even if some have to be described as remaining anonymous for fear of state reprisals.” According to Forum 18, the organization’s efforts have resulted in “significant respect and usage among victims of human rights violations, human rights defenders (including journalists), diplomats, intergovernmental organizations, academics and others.” “Accuracy is in itself an effective advocacy for human rights by countering with accurate information the false information presented by repressive regimes, who often seek to conceal their human rights violations,” the editors said. The Worst of the Worst? When asked which of the countries Forum 18 monitors should be considered the “worst of the worst,” the editors noted that developing such a ranking is difficult. “Territories where serious…violations take place are places where people have a strong incentive to not discuss the state’s violations, for fear of state reprisals, making any reliable ranking of territories difficult,” they observed. “Because in all the territories Forum 18 monitors governments violate individuals’, informal groups’, and communities’ freedom of religion and belief apparently as part of a declared or undeclared policies of increasing state control of society – even in states such as Georgia in the south Caucasus – we think it is best for readers to judge for themselves which countries are the worst violators of freedom of religion or belief at any one time,” the editors added. Similarly, Forum 18 finds it difficult to rank the individual cases monitored by the organization. “In our view, each one of these cases where a government has violated an individual’s or group’s freedom of religion and belief can fairly be described as compelling. We think this view is reinforced by the individual cases being part of a much broader pattern of intentional, systemic government violations of the human rights of everyone they rule.” One case Forum 18 has followed close is that of Protestant Pastor Bakhrom Kholmatov in Tajikistan, who was jailed for three years for allegedly “singing extremist songs in church and so inciting ‘religious hatred.’” The regime has threatened family members, friends, and church members with reprisals if they reveal any details of the case, trial, or jailing. Cooperation is Key Cooperation is vital to the Forum 18 approach. “Cooperation in defense of human rights for all is both right in principle and more effective than competition,” the Forum 18 editors argue. “It is important to cooperate with others – including in our case providing accurate information – to help responses to violations of freedom of religion and belief and interlinked other fundamental freedoms to be as effective as possible. Our work with victims of freedom of religion and belief violations and other human rights defenders convinces us that this approach is the right one to follow.” Twitter: @Forum_18 Facebook: @Forum18NewsService

  • Averting All-Out War in Nagorno-Karabakh

    Last year, the worst outbreak of violence over Nagorno-Karabakh in more than two decades erupted as the so-called Four Day War in April 2016 claimed approximately 200 lives and demonstrated that the conflict is anything but “frozen.” The Line of Contact separating the parties sees numerous ceasefire violations annually and each one risks igniting a larger-scale conflict that could draw in major regional players, such as Russia, Turkey, and Iran. Since 1997, the United States, France, and Russia have co-chaired the Minsk Group of the Organization for Security and Cooperation in Europe (OSCE), the principal international mechanism aimed at reaching a negotiated solution to the conflict. The U.S. Helsinki Commission hosted two former United States Co-Chairs of the Minsk Group process as well as a renowned, independent expert on the conflict to assess the current state of the dispute over Nagorno-Karabakh, the Minsk Group format, and the prospects for achieving a lasting peace. Magdalena Grono, an expert from the International Crisis Group, underlined the serious potential for further flare-ups in the fighting, which could have severe humanitarian impacts and draw in regional powers. She contextualized the recent clashes and assessed that the conflict was among the most deadly, intractable and risky in Europe. According to her assessment, the conflict is beset by two worrisome trends: deteriorating confidence between the parties and in the settlement process itself as well as increasingly dangerous clashes due in part to the deployment of heavier weaponry. Ambassador Carey Cavanaugh discussed the role of the Minsk Group in the settlement process while voicing his concern that positions have hardened on all sides. Growing tensions have created risks not only of intentional but also accidental conflict, he said. The Ambassador outlined the limits of the Minsk Group’s mandate, underscoring that it is charged with helping the sides find a solution rather than imposing one from the outside. He lamented that the recent meeting between the Armenian and Azerbaijani presidents apparently failed to achieve agreement on certain confidence and security building measures (CSBMs). In order to stem further escalation, he noted the importance of implementing CSBMs and establishing a direct communication channel between the Armenian and Azerbaijani sides. He concluded by calling on the leadership of Armenia and Azerbaijan to demonstrate the political will to work toward a resolution, for instance by preparing their populations for the compromises that will inevitably be required to achieve peace. Ambassador James Warlick asserted that while this was a time of significant danger, peace remains within reach. He urged the Armenian and Azerbaijani presidents to engage together on principles that they know can lead to peace, saying that meetings without progress undermine confidence in negotiation efforts. Citing past negotiations, Ambassador Warlick laid out six elements that will have to be part of any settlement if it is to endure.  The Ambassador concluded by underlining that it is up to the governments of Armenia and Azerbaijan to take the first step toward peace by considering measures, even unilateral ones, that will demonstrate their stated commitment to making progress, reducing tensions, and improving the atmosphere for negotiations. 

  • Helsinki Commission Urges Turkish President to Lift State of Emergency

    WASHINGTON—In a letter to Turkish President Recep Tayyip Erdoğan yesterday, the four senior members of the Helsinki Commission – Chairman Sen. Roger Wicker (MS), Co-Chairman Rep. Chris Smith (NJ-04), Ranking Commissioner Sen. Ben Cardin (MD), and Ranking Commissioner Rep. Alcee Hastings (FL-20) – urged him to lift the state of emergency that has been in place in Turkey since July 2016 and immediately restore Turkey’s commitment to international standards of due process and judicial independence. The bipartisan letter, which came just hours after President Erdoğan announced a fifth three-month extension of the country’s state of emergency, was also signed by Helsinki Commissioners Sen. Marco Rubio (FL), Sen. Thom Tillis (NC), Rep. Roger Aderholt (AL-04), Rep. Randy Hultgren (IL-14), Rep. Gwen Moore (WI-04), and Rep. Sheila Jackson Lee (TX-18). It reads in part: “We are concerned about your government’s continued actions to undermine human rights and democratic principles in Turkey. The prolonged state of emergency is gravely undermining Turkey’s democratic institutions and the durability of our countries’ longstanding strategic partnership, including more than half a century as NATO allies. Last year, the Turkish people defeated a violent and illegal challenge to their democratic institutions; today, the 15-month-old state of emergency poses a different threat to these same institutions, particularly the judiciary. By facilitating sweeping purges with no evidentiary standards, the state of emergency has upended countless innocent lives and undercuts domestic and international confidence in Turkey’s rule of law… “As a member of the Council of Europe and participating State of the Organization for Security and Cooperation in Europe (OSCE), your country officially recognizes the rule of law as a cornerstone of democratic governance. Restoring respect for fair judicial treatment would remove a persistent distraction in our bilateral relationship and help to rebuild a principles-based partnership rooted in shared commitments to collective security, democracy, human rights, and the rule of law.” The letter highlighted the cases of American citizens Andrew Brunson, a pastor, and Serkan Gölge, a NASA scientist, both of whom were arrested in Turkey following the coup attempt. As of mid-2017, at least seven additional American citizens were jailed in Turkey. The letter also noted the cases of two detained Turkish employees of the U.S. consulates in Turkey as well as a group of Turkish and international activists—known as the Istanbul 10—who were arrested this summer while holding a routine human rights defenders workshop in Istanbul. The full text of the letter can be found below: Dear President Erdoğan, We are concerned about your government’s continued actions to undermine human rights and democratic principles in Turkey. The prolonged state of emergency is gravely undermining Turkey’s democratic institutions and the durability of our countries’ longstanding strategic partnership, including more than half a century as NATO allies. Last year, the Turkish people defeated a violent and illegal challenge to their democratic institutions; today, the 15-month-old state of emergency poses a different threat to these same institutions, particularly the judiciary. By facilitating sweeping purges with no evidentiary standards, the state of emergency has upended countless innocent lives and undercuts domestic and international confidence in Turkey’s rule of law. In February, many of us joined over 70 of our colleagues from the U.S. Senate and House of Representatives to appeal to you for the immediate release of American pastor Andrew Brunson, who has been held without trial for a year on baseless terrorism charges. We continue to be dismayed by your government’s unwillingness to heed our calls for his release and the recent imposition of four additional charges on Mr. Brunson for allegedly conspiring to overthrow your government. These allegations are preposterous. We urge you to recognize them as such, drop all charges against Mr. Brunson, and release him. Since the failed coup attempt, Turkish authorities have arrested a number of American dual citizens and two long-time Turkish employees at U.S. consulates on terrorism charges. Some of these individuals—including American citizen and NASA scientist Serkan Gölge—have been in jail for more than a year despite the prosecution’s ability to present only circumstantial evidence against them. Our citizens have also been denied the courtesy of U.S. consular assistance that would help them and their families cope with these difficult and confusing circumstances. It is clear that terrorism charges under the state of emergency are also being manipulated to suppress the activism of a group of human rights defenders arrested in early July. Authorities seized a group of ten Turkish and international activists holding a routine human rights defenders workshop in Istanbul. The group of activists, which has come to be known as the Istanbul 10 and includes Amnesty International’s Turkey Director, Ms. İdil Eser, is charged with “committing crime in the name of a terrorist organization without being a member.” A month earlier, Amnesty International’s Turkey Board Chair, Mr. Taner Kılıç, was arrested on charges of being a member of an alleged terrorist organization. Ms. Eser, Mr. Kılıç, and many of their colleagues remain in pre-trial detention. We urge you to ensure the timely, transparent, and fair adjudication of the aforementioned cases, lift the state of emergency and immediately restore Turkey’s commitment to international standards of due process and judicial independence. As a member of the Council of Europe and participating State of the Organization for Security and Cooperation in Europe (OSCE), your country officially recognizes the rule of law as a cornerstone of democratic governance. Restoring respect for fair judicial treatment would remove a persistent distraction in our bilateral relationship and help to rebuild a principles-based partnership rooted in shared commitments to collective security, democracy, human rights, and the rule of law. Thank you for your attention to this important matter. Sincerely, 

  • Systematic Attacks on Journalists in Russia and Other Post-Soviet States

    Representative Steve Chabot, Co-Chair of the House Freedom of the Press Caucus, opened the briefing with a statement highlighting the importance of a free and independent press in Russia and Eastern Europe, saying that it was more important now than ever to counter an increasingly bold Vladimir Putin and the spread of Kremlin-backed media. The Congressman affirmed support for the Broadcasting Board of Governors and how their work helps foster a greater independent press in the region. Jordan Warlick, U.S. Helsinki Commission staffer responsible for freedom of the media, introduced the panelists: Thomas Kent, President of Radio Free Europe/Radio Liberty (RFE/RL); Amanda Bennett, Director of Voice of America (VOA); Nina Ognianova, Coordinator for Europe and Central Asia at the Committee to Protect Journalists; and Karina Orlova, Washington correspondent for Echo of Moscow. Thomas Kent summarized the work and reach of RFE/RL in Russia and the former Soviet Union. He outlined the pressures that RFE/RL journalists face in the region covering the issues that matter to local people. Kent described the plight of several RFE/RL journalists who have been either attacked or detained due to their work, including Mykola Semena in Russian-occupied Crimea and Mykhailo Tkach in Ukraine. He added that reporting on corruption is often the most likely cause for attacks on journalists and that social media has expanded the reach of journalists work in the region. Amanda Bennett discussed the work of Voice of America in the region and its efforts to expand freedom of speech in the region. She outlined the vast audience of VOA broadcasting and emphasized that the Russian government has directly attacked VOA reporters. Bennett stated that VOA’s mission in Russia and the former Soviet Union, as with other regions around the world, was not only to provide high quality content to the audience and journalists alike, but also help foster an independent media, free from harassment. Representative Adam Schiff, Co-Chair of the House Freedom of the Press Caucus, gave remarks about the importance of an independent media in the former Soviet Union. He noted that journalists are often the first to suffer a backlash from authorities, as they investigate and report on issues that regimes do not want to draw attention to. Representative Schiff told the panel that he, along with then-Congressman Mike Pence, reestablished the House Freedom of the Press Caucus not long before the murder of Russian journalist Anna Politkovskaya in 2006. He thanked the panelists for the work to not only highlight attacks and harassment against journalists in the region, but also their efforts to protect and assist them and to further press freedom. Nina Ognianova highlighted numerous cases that the Committee to Protect Journalists had worked on in recent months with specific discussion of the situations in Russia, Ukraine, Azerbaijan, and Kyrgyzstan. Ognianova detailed the case of the harassment and temporary flight of Russian reporter Elena Milashina following her work on the torture and murder of gay men in Chechnya. Also listed were the cases of Belarus-born journalist Pavel Sheremet, who was killed in a car bombing in Kyiv in July 2016, the abduction and detention of Azerbaijani journalist Afgan Mukhtarli for his investigation of President Ilham Aliyev’s assets in Georgia, and the concerning claims of slander against journalists by the Kyrgyz President Almazbek Atambayev. Providing the audience with a firsthand perspective, Karina Orlova described her decision to flee Russia due to her work as a journalist. Karina spoke of how her Radio Echo of Moscow talk show garnered unfavorable attention from Chechens, following discussion of the Charlie Hebdo attacks on 7 January, 2015, and the magazine’s depiction of the prophet Muhammad. Ramzan Kadyrov directly threatened her station and her editor, Alexey Venediktov, right after the show. She detailed threatening phone calls from self-described Chechens her that labeled her as an enemy of the state. Karina raised other incidents of violence and intimidation against journalists, such as the attack on Oleg Kashin, which was directly ordered by the Governor of Pskov, and a lack of action to bring the perpetrators to justice. She also spoke of censorship by the Russian authorities, particularly towards any journalists that refer to the annexation of Crimea. Karina emphasized that sanctions against the Russian state and elite are working, despite claims to the contrary. Although some journalists are unfortunately forced to self-censor due to safety concerns, Karina refuses to do so herself.

  • Helsinki Commission, House Freedom of the Press Caucus to Hold Briefing on Attacks on Journalists in Russia, Post-Soviet States

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the House Freedom of the Press Caucus today announced the following joint briefing: “SYSTEMATIC ATTACKS ON JOURNALISTS IN RUSSIA AND OTHER POST-SOVIET STATES” Wednesday, October 4, 2017 3:00 PM Senate Visitors Center SVC-208 Live Webcast: www.facebook.com/HelsinkiCommission A free press is an essential pillar of democracy, keeping governments accountable and citizens informed. Autocratic regimes seek to intimidate and silence the press by systematically targeting journalists. A muzzled independent media is powerless to prevent the domination of the state-driven news narrative and public misinformation. Today, journalists in Russia and post-Soviet states risk intimidation, harassment, arrest, and even murder for their work. Those who criticize the government or investigate sensitive issues like corruption do so at their own peril. More often than not, cases remain unresolved and victims and families do not see justice. This briefing will address key questions regarding journalists in Russia and other post-Soviet states: their important role and impact; concerns over their rights, safety, and protection; and future support and promotion of media freedom in the Organization for Security and Cooperation in Europe (OSCE) region. Opening remarks will be provided by the Co-Chairs of the House Freedom of the Press Caucus: Rep. Adam Schiff (D-CA) Rep. Steve Chabot (R-OH) The following panelists are scheduled to speak: Thomas Kent, President and CEO, Radio Free Europe/Radio Liberty Amanda Bennett, Director, Voice of America Nina Ognianova, Europe and Central Asia Program Coordinator, Committee to Protect Journalists Karina Orlova, Washington DC Correspondent, Echo of Moscow

  • Human Rights and Democracy in Russia

    From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM).  The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. The Russian Federation has adopted, by consensus, OSCE commitments relating to human rights and fundamental freedoms, free and fair elections, the rule of law, and independence of the judiciary. However, in many areas the Russian government is failing to live up to its commitments. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law, Scott Rauland, Senior State Department Advisor, and Michael Newton, Intern

  • At Forum, Experts Slam Russian 'Disinformation' Campaigns Aimed at West

    WASHINGTON — The German Marshall Fund says it has documented Russian interference in the elections or political affairs of at least 27 countries since 2004, ranging from disinformation campaigns on Facebook, Twitter and other social media to cyber attacks. The Helsinki Commission held a hearing Thursday on Capitol Hill focusing on what it called the "scourge" of Russian disinformation conducted both at home and abroad. “Through its active measures campaign that includes aggressive interference in Western elections, Russia aims to sell fear, discord, and paralysis that undermines democratic institutions and weakens critical Western alliances such as NATO and the EU,” charged Republican Senator Corey Gardner. “Russia’s ultimate goal is to replace the Western-led world order of laws and institutions with an authoritarian-led order that recognizes only masters and vassals.” US election meddling Other experts agreed during a session in which few if any defenders of Russia were represented, reflecting the increasingly adversarial relationship between the two countries. Molly McKew of the communications consulting firm Fianna Strategies spoke with VOA about reports that Russia targeted U.S. voters on social media during last year's presidential election campaign. “I think even the Kremlin is surprised at how easy it is to use social media as an amplification tool for the kind of narrative that they do,” she said. McKew said opinion polls show most Americans do not believe disinformation could work on them. But she says the Russian government uses marketing and basic psychology to influence people to vote for a certain person or to stay at home on election day. In an era when many get their own personalized news feeds on Facebook or Twitter, she said, people can be targeted individually with what she calls ads, smears or lies. RT, Sputnik broadcasts U.S. complaints of Russian disinformation have focused frequently on the broadcasts of the Moscow-backed RT television network and Sputnik news agency, which have denied they are spreading propaganda. When it was reported this week that the FBI recently questioned a former White House correspondent for Sputnik as part of an investigation into whether it is acting as an undeclared propaganda arm of the Kremlin, the news agency said in a statement: "We are more than happy to answer any questions the [Department of Justice] or the FBI might have. Sputnik is a news organization dedicated to accurate news reporting. Our journalists have won multiple media awards throughout the world. Any assertion that Sputnik is anything but a credible news outlet is false." However Broadcasting Board of Governors CEO John Lansing, who also spoke at the forum, agreed with others on the magnitude of the Russian threat and said the United States must counter Russian disinformation, but do so by with objective news and information. “The United States will not do propaganda,” said Lansing, whose agency oversees U.S.-funded broadcasting around the world. “And in fact we have a firewall protection, a legislative firewall that makes it impossible for the government to interfere with our independent editorial decision-making.” Lansing, who oversees the Voice of America and several other U.S. government-funded broadcasters, said he has seen a "global explosion of propaganda and lies," and that his agency is focused on getting accurate information to Russian speakers around the world. The forum was shown a promotional video for "Current Time," a Russian-language news network jointly operated by VOA and Radio Free Europe/Radio Liberty, which Lansing said, "helps viewers tell fact from fiction." "The Russian strategy seeks to destroy the very idea of an objective, verifiable set of facts," Lansing said. "The BBG is adapting to meet this challenge head on by offering audiences and alternatives to Russian disinformation in the form of objective, independent and professional news and information." Germany, France elections Melissa Hopper of Human Rights First said Germany appears set to fend off attempts by Russia to interfere in its elections later this month. She said Berlin acted early, after the U.S. election last November, to establish a government-wide task force to counteract Russian manipulation of social media. Hopper also said France was successful in thwarting Russian interference during its elections in April and May, with the French media agreeing not to cover information that came from cyber attacks. But she warned that Russia has quite an “arsenal” at its disposal, including a worldwide media program with an annual budget of more than $300 million. She said Russian online media “weaponizes” false media narratives, especially about minority populations such as immigrants or LGBT communities, which can lead to physical threats in the real world.

  • The Daily 202

    ...How can the United States combat the war of information that Russia is waging against the West? Lawmakers and witnesses at a U.S. Helsinki Commission hearing yesterday sought to examine Moscow’s propaganda efforts — both domestically and abroad — and questioned whether our country is any more prepared to stop a similar attack in the future. How can the United States combat the war of information that Russia is waging against the West? Lawmakers and witnesses at a U.S. Helsinki Commission hearing yesterday sought to examine Moscow’s propaganda efforts — both domestically and abroad — and questioned whether our country is any more prepared to stop a similar attack in the future. “In their weakness, the Kremlin bets big. So far, the gamble has paid off — because for years they have been strolling across an open battlefield,” testified Molly McKew, an information warfare expert. “To secure our information space, we need an integrated understanding of the threat, and an integrated set of measures that can be taken to counter it[.]” Here's what the experts recommend to stop similar attacks: A whole-of-government response, which includes reevaluating the role of U.S. military and counterintelligence actors to secure cyber space. “Our most experienced assets should not be boxed-out of defending the American people,” McKew said. More information. This includes telling Americans about Russian information operations, and what they aim to achieve. Stopping the bots, which robotically amplify information and articles based on an algorithm, since “the U.S. does not protect the free speech of computer programs,” said Human Right’s First Melissa Hooper, who specializes in Russian policy and human rights law. Hooper also stressed the need for creating an appeals process where consumers can contest instances of content removal “and receive quick and efficient redress.” “We cannot use the same means of information control as the Kremlin to secure our information space,” McKew said. “Our mirror-world version of Russian information control: not to control the internal information environment, but ensure its integrity; not to harden views, but to develop positive cognitive resistance efforts to build resilience in our population; not to argue that there ‘is no truth,’ but to promote the values and idea that we know matter.”

  • Religious Freedom in Kazakhstan: The Case of Teymur Akhmedov

    By Nathaniel Hurd, Policy Advisor The case of Teymur Akhmedov, a 61-year-old Jehovah’s Witness in Kazakhstan, illustrates the life-threatening consequences that can result from attacks on religious freedom. Restrictions on Religious Freedom in Kazakhstan Becoming an OSCE participating State includes the voluntary accession to all OSCE commitments, including those related to freedom of religion. From the founding Helsinki Final Act of 1975, the language is clear: “The participating States will respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion… the participating States will recognize and respect 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.” Yet of the 10 countries currently designated by the U.S. State Department as “Countries of Particular Concern” with regard to religious freedom, three of them – Tajikistan, Turkmenistan, Uzbekistan – are in the OSCE region. Since the International Religious Freedom Act of 1998 requirements came into effect, the U.S. Secretary of State has annually reviewed and reported annually on the status of religious freedom in foreign countries. When there is evidence the government of that country has “engaged in or tolerated particularly severe violations of religious freedom in that country,” the Secretary is supposed to designate the country as a CPC. Although Kazakhstan has not been designated as a CPC and its constitution includes provisions providing for religious freedom, in its International Religious Freedom Report for 2016, the State Department reported “the government continued to arrest, detain, and imprison members of religious groups, criminalize speech ‘inciting religious discord,’ question congregation members about their choice of faith, punish individuals for ‘illegal missionary activity,’ and label ‘nontraditional’ religious groups as ‘destructive sects’ in the media.” This has led the U.S. Commission for International Religious Freedom (USCIRF) to classify Kazakhstan as one of three OSCE participating States – along with Azerbaijan and Turkey – on its “Tier 2” list, which identifies countries where religious freedom violations do not meet the criteria for the State Department’s CPC designation, but that still need ongoing scrutiny. Kazakhstan has been on the Tier 2 list every year since 2013. USCIRF notes in its 2017 annual report, “The country’s restrictive 2011 religion law bans unregistered religious activity and is enforced through police raids, detentions, fines, and the closing of religious institutions. Increasingly, terrorism and religious extremism laws with multiyear prison sentences are deployed against religious nonconformity and political opposition, blurring the line between violent extremism and peaceful dissent.” The Case of Teymur Akhmedov A retired bus driver, Jehovah’s Witness Teymur Akhmedov is a married father of three. In 2016, he was approached by several men who identified themselves as students who were interested in the teachings of Jehovah’s Witnesses. They invited Akhmedov to an apartment to discuss his faith and later visited his home. Acting on behalf of the National Security Committee (a Kazakh intelligence agency), the men secretly recorded their discussions. In January 2017, Akhmedov was arrested and charged with violating Kazakhstan’s Criminal Code (Article 174) regarding “inciting religious hatred.” The presiding judge concurred with the charges and also accused Akhmedov of “inciting religious discord” and promoting the “propaganda of exclusivity, superiority of citizens on grounds of their religion.” He sentenced Akhmedov to five years in a labor camp and banned him from “ideological religious activity.” His appeal was denied in June 2017. Since his pre-trial detention began in January, authorities have denied Akhmedov access to cancer treatments at a hospital. He also says he has been tortured in detention. His family and his fellow Jehovah’s Witnesses are concerned that his health will rapidly deteriorate. Jehovah’s Witnesses have asked for him to be immediately released and for the Kazakh government to stop using the Criminal Code and legislation to violate religious freedom in the name of combating extremism. Jehovah's Witnesses in Kazakhstan There are 18,000 Jehovah’s Witnesses in Kazakhstan, more than in any other central Asian country. Over the years, the Kazakh government has fined more than 60 Jehovah’s Witnesses for engaging in missionary activities without registration. In May 2017, a government inspection of Jehovah’s Witnesses headquarters in Almaty alleged non-compliance with Kazakh law regarding requirements for the number of security cameras at public venues, although the government had approved – and Jehovah’s Witnesses had implemented – a camera plan for the headquarters earlier that year. In June, a judge suspended all activities at the headquarters and imposed fines. At an appeals hearing on August 3, the judge amended the sentence, ordering Jehovah’s Witnesses to refrain from holding religious meetings in the headquarters, but permitting all other activities at the headquarters to continue. This has forced 14 congregations to meet elsewhere.  

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