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U.S. Helsinki Commission: Conviction of former Prime Minister Tymoshenko a Serious Setback for Ukrainian Democracy

Tuesday, October 11, 2011

WASHINGTON — U.S. Helsinki Commission leadership today expressed dismay and alarm over the selective and politically motivated prosecution and conviction of Yuliya Tymoshenko.  Today, she was sentenced to 7 years in prison for executive decisions she made in 2009 when she was prime minister.

“The politically motivated conviction of Ms. Tymoshenko starkly illustrates the undoing of democracy in Ukraine,” stated Chairman Rep. Christopher H. Smith (NJ-04). “Right after the Orange Revolution Ukraine was a beacon for hope for other post-Soviet states; now this beacon is almost extinguished. The prosecution and verdict in the Tymoshenko case call into grave question Ukraine’s commitment to OSCE human rights, democracy and rule of law standards.  Her conviction bans her from office for the next three years, which raises serious doubts about whether Ukraine’s 2012 elections can meet OSCE standards for democratic elections, and calls into serious question Ukraine’s suitability to assume the Chairmanship of the OSCE in 2013.”

“This is a serious blow to democracy in Ukraine,” declared Co-Chairman Benjamin L. Cardin, (MD). “The highly selective prosecutions of ranking members of the previous government, most notably today’s politically motivated conviction of former prime minister Yuliya Tymoshenko, fly in the face of Ukraine’s often-asserted aspirations and efforts to integrate into the European Union.  The Helsinki Commission and United States have strongly and consistently supported Ukraine’s European aspirations, which offer the best assurance of Ukraine’s future as an independent, democratic and flourishing state.  Unfortunately, the Tymoshenko conviction only jeopardizes these efforts.” 

According to U.S. State Department and various NGO reports, the state of democracy and human rights in Ukraine has deteriorated since Viktor Yanukovych was elected President in February 2010. Worrisome trends include consolidation of power in the presidency; weakening of checks and balances; backpedaling on freedoms of expression and assembly; various forms of pressure on media and civil society groups (including the recent closure of three opposition television channels in Kharkiv); and seriously flawed local elections.  Endemic corruption continues unabated, with weak rule of law and lack of an independent judiciary. 

Of immediate concern are selective prosecutions of high ranking members of the previous government. On October 11, Yulia Tymoshenko received a sentence of 7 years on charges of exceeding her authority as prime minister by agreeing to a 2009 gas deal with Russia that prosecutors say harmed Ukraine’s economy.  Both the European Union and U.S. (including the Helsinki Commission) have repeatedly criticized the trial as contravening European values, in effect criminalizing a political decision, which has harmed Kyiv’s efforts at closer integration with the EU, specifically Ukraine-EU Free Trade and Association agreements.

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Seeking to address these widely differing perspectives among its membership, the German Chairmanship in 2016 and the Austrian Chairmanship in 2017 have launched an informal working group on “structured dialogue” to discuss participating States’ differing views on security threats and possible ways forward.  Conference participants were of mixed views on the prospects for the structured dialogue effort, with skeptics citing what they saw as similar past processes such as the Corfu Process or Helsinki +40, which failed to show concrete results.  Many participants were keen to underline the need for the structured dialogue to avoid calling existing institutions or principles into question.  The challenges facing European security were not institutional in nature, these voices argued, but rather the result of one OSCE participating State – Russia – failing to uphold its commitments or respect the sovereignty and independence of other participating States. Conference participants offered a number of policy recommendations for strengthening the OSCE (such as providing a small crisis response fund under the Secretary General’s authority; providing additional tangible assets like unmanned aerial vehicles; supporting historical research to better understand the sources of divergent perspectives; or modernizing arms control and confidence building measures).  The OSCE should pay more attention to the increasing instability in the Western Balkans, it was suggested, and ongoing work on cyber norms had real potential utility. Individual participating States were urged to combat disinformation campaigns by investing in tools to rapidly rebut false claims, educate publics, and discredit outlets that serve as propaganda, while safeguarding fundamental freedoms.  Despite these and other positively-inclined recommendations, however, the general mood at the conference was one of urgency, not optimism. If one point of general consensus emerged among the widely differing perspectives, it was that in the face of increasingly complex and urgent challenges (many of them caused by or closely linked to Russia’s geopolitical stance, according to the great majority of conference attendees) the absence of shared views and approaches was unlikely to resolve itself in the near term. This dynamic was likely to contribute to a worsening of existing and emerging security crises – and ultimately the further loss of lives. Alex Tiersky attended the conference as a representative of the U.S Helsinki Commission.

  • The Nagorno-Karabakh Conflict

    The Nagorno-Karabakh conflict between Armenia and Azerbaijan remains one of the world’s most intractable and long-standing territorial and ethnic disputes. Its fragile no-peace, no-war situation poses a serious threat to stability in the South Caucasus region and beyond.  The conflict features at its core a fundamental tension between two key tenets of the 1975 Helsinki Final Act: territorial integrity and the right to self-determination. As part of the Helsinki Commission’s continued engagement on security challenges across Europe and Eurasia, this short primer on the conflict lays out the conflict’s origins and recent evolution, as well as the role of key players including Russia, the United States, and the OSCE. Download the full report to learn more. Contributors: Everett Price, Senior Policy Advisor, Alex Tiersky, Senior Policy Advisor, and Anna Zamejc, Lantos Fellow

  • OSCE Debates Counterterrorism Approaches

    By Alex Tiersky, Global Security and Political-Military Affairs Advisor Several hundred officials, academics, journalists, NGO representatives and youth ambassadors gathered in Vienna on May 23-24, 2017 for the OSCE’s annual counterterrorism conference.  The event was convened around the subject of “Preventing and Countering Violent Extremism and Radicalization that Lead to Terrorism.” The subject matter could hardly have been more pressing, with the conference taking place in the immediate wake of the tragic terrorist attack in Manchester, England.  That attack – and those suffered by so many OSCE participating States in recent months and years – served to heighten the sense of urgency towards finding ways to address all aspects of the problem, from effectively preventing radicalization that leads to violence, to ensuring societies are resilient in the face of future attacks. OSCE participating States were particularly concerned about the continued threat posed by so-called “foreign terrorist fighters” – citizens of their countries who traveled abroad to fight, in particular to Iraq and Syria, who could return with the intent to inflict attacks on their home countries.  Experts at the meeting voiced concern that many countries are unprepared for the challenge of mitigating any threat posed by these individuals – including children who may have been radicalized as a result of travel as part of families – upon their return. Youth are particularly vulnerable to radicalization and a key element of any sustainable and effective strategy to counter it, according to the OSCE Chair-in-Office, Austrian Foreign Minister Sebastian Kurz. He stated that recent OSCE youth workshops had called for greater inclusion of young people in anti-radicalization discussions and strategies; efforts to eliminate propaganda from social media; and broader dissemination of narratives describing the negative results of radicalization. Conference participants differed somewhat on whether best practices in countering extremism developed in one country were universally applicable, or whether local (or even family-level) actors, who may be best placed to identify early warning signs of radicalization and counter it, should be emphasized. Still, most participants underlined that counterterrorism approaches that failed to emphasize the rule of law, fundamental freedoms, and support to civil society, or that singled out religious or ethnic communities, would ultimately prove counterproductive.  The OSCE itself served as a useful platform on this issue, according to head of the U.S. Delegation Irfan Saeed (the Director of the Department of State’s Office of Countering Violent Extremism), who commended ongoing OSCE programs such as the capacity-building work of OSCE Field Missions and the #UnitedCVE social media campaign.  Among the many recommendations offered by various conference participants for heightened national or international efforts were the following: Supporting capacity building efforts by OSCE field missions in the Balkans and Central Asia. Strengthening border controls. Improving governmental interoperability of information systems and access to encrypted information, as well as the ability to process large amounts of data rapidly. Increasing the sharing of biometric data collection to improve effectiveness of policing and border controls. Greater sharing of financial information to detect terrorist networks and their financing. Ensuring cooperation between local communities and law enforcement. Fighting online radicalization and propaganda, in collaboration with the private sector. Addressing the particular vulnerabilities of women and girls and empowering their contributions to countering extremism. Strengthening legal systems to prevent impunity. Using data-driven approaches to assess the effectiveness of programs. Developing and promoting a positive, inclusive vision for Western societies to serve as an alternative to the hate-filled narrative of violent groups. Combatting the challenge of radicalization in prisons. Despite a number of areas of agreement, there were some differences of opinion among the conference participants, including how prominently values should feature in any counterterrorism approach; the characterization of specific groups as “terrorist;” or the use of censorship to address potentially extremist speech on line. One consistently outlying view was expressed by Russian delegates, including Deputy Foreign Minister Oleg Syromolotov, who claimed that (unnamed) partners often committed only rhetorically to countering terrorism rather than acting as part of a global anti-terrorist front, and chastised Western partners who, he said, put their own “geopolitical ambitions” above the need to counter terrorism.  Other Russian interventions included accusations that Western states tolerated or even supported terrorist groups and suggestions that excessive liberalism allowed for terrorists to go unchecked in Western societies.  The interventions served as a reminder of the obstacles that remain to fully maximizing the utility of international cooperation to address this common challenge. Alex Tiersky attended the conference as a member of the U.S. delegation, which was led by the U.S. Department of State’s Bureau of Counterterrorism and Countering Violent Extremism.

  • Countering Corruption in the OSCE Region: Returning Ill-Gotten Assets and Closing Safe Havens

    The World Bank estimates that twenty to forty billion dollars are stolen from developing countries every year. The majority of stolen funds are never found, and even if they are, recovering stolen assets and repatriating victims is a complicated process. The process often involves many different countries with different legal frameworks and financial structures. On June 1, 2017, the Helsinki Commission held a briefing on asset recovery in the OSCE region. Ill-gotten assets from the region frequently end up in money laundering safe havens in the West, where Western financial services enable the safeguarding of stolen funds. Briefers included Charles Davidson, executive director of the Kleptocracy Initiative at the Hudson Institute; Brian Campbell, legal advisor for the Cotton Campaign; and Ken Hurwitz, senior managing legal officer on anti-corruption with the Open Society Justice Initiative. The briefing was moderated by Paul Massaro, economic and environmental policy advisor with the Helsinki Commission.  Panelists at the briefing discussed methods to achieve responsible repatriation for grand corruption. After tracing and freezing assets, Western authorities are faced with the dilemma of how to return assets stolen by kleptocrats to the people of that country. A critical part of anti-corruption work, successful repatriation can empower civil society and democratic development in affected countries. In turn, civil society and the judiciary can play critical roles in fighting and exposing grand corruption. Panelists drew comparisons between the challenges associated with returning assets stolen by the Karimov regime in Uzbekistan and the successful case in Kazakhstan, where $115 million in disputed assets was returned to the people through the BOTA Foundation. While grand corruption takes on many different forms, most corrupt countries in the OSCE region are former members of the Soviet Union and have imported Moscow’s own brand of corruption. Panelists discussed how the lack of transparency and accountability in Western financial systems facilitate the looting of former Soviet countries. Additionally, they argued for the United States’ national interest in countering corruption and ensuring responsible repatriation.

  • CANCELLED: Austrian Foreign Minister to Testify at Helsinki Commission Hearing

    CANCELLED WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “AUSTRIA’S CHAIRMANSHIP OF THE OSCE: PRIORITIES AND CHALLENGES” Tuesday, June 6, 2017 10:30AM Russell Senate Office Building Room 188 In 2017, Austria holds the Chairmanship-in-Office of the world’s largest regional security body: the 57-nation Organization for Security and Cooperation in Europe (OSCE). The OSCE is currently facing a series of challenges including Russia’s continued aggression in Ukraine; ongoing “frozen” conflicts;  human rights violations and backsliding in implementation of OSCE commitments; increased violence throughout the region ranging from terrorist attacks to hate crimes; human trafficking; and several high-level institutional vacancies that impact the organization’s effectiveness. Austria’s Minister of Foreign Affairs, Sebastian Kurz, will discuss Austria’s priorities and progress to date as it nears the midway point of its year holding the OSCE Chairmanship-in-Office.

  • A Call to OSCE Commitments in Aftermath of Turkish Referendum

    Mr. President, I rise today to express my concerns about the outcome of the April 16 constitutional referendum in Turkey, when more than 50 million Turkish citizens voted on constitutional amendments to convert Turkey’s parliamentary government into a presidential system.   Turkey is a longstanding friend of the United States and a NATO ally.  Our bilateral partnership dates back to the Cold War when Turkey served as an important bulwark against the creeping influence of the Soviet Union.  Time has not diminished Turkey’s geostrategic importance. Today, Ankara finds itself at the intersection of several critical challenges: the instability in Syria and Iraq, the threat of ISIS and other extremist groups, and the refugee crisis spawned by this regional upheaval.     The United States relies on Turkey and other regional partners to help coordinate and strengthen our collective response.  I was deeply troubled when renegade military units attempted to overthrow Turkey’s democratically elected government last July.  Turkey’s strength is rooted in the democratic legitimacy of its government – a pillar of stability targeted by the reckless and criminal coup attempt.         As Chairman of the Commission on Security and Cooperation in Europe, or U.S. Helsinki Commission, I take very seriously the political commitments made by the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE).  These commitments – held by both the United States and Turkey – represent the foundation of security and cooperation in the OSCE region.  They include an indispensable focus on human rights, rule of law, and democratic institutions.    In the OSCE’s founding document, the Helsinki Final Act, participating States affirm “the universal significance of human rights and fundamental freedoms” and consider respect for these to be an “essential factor” for international peace and security. This vision is consistent with long-established U.S. foreign policy promoting human rights and democracy as cornerstones of a safer, more stable international order.      With these principles in mind, the United States must pay urgent attention to the current situation in Turkey and the danger it poses to Turkish and regional stability.  Eroding respect for fundamental freedoms, rule of law, and democratic institutions in Turkey has proceeded at an alarming pace.  The government’s planned “executive presidency” will further decrease government accountability. Since the attempted coup more than nine months ago, Turkey has operated under a state of emergency that gives the government sweeping authority to curtail rights and silence opponents.  Certain extraordinary measures may have been justified in the immediate aftermath to restore order, investigate events, and bring perpetrators to justice, but the government’s actions have stretched far beyond these legitimate aims.  The ongoing purge has touched every institution of government, sector of society, corner of the country, and shade of opposition – military or civilian, Turk or Kurd, religious or secular, nationalist or leftist, political or non-political.   An atmosphere of fear and uncertainty has settled over Turkish society as more than 100,000 people have been detained or arrested.  Tens of thousands have been fired from their jobs, had their professional licenses revoked, and had their names released on public lists without any recognizable due process.  The government removed and replaced thousands of judges and prosecutors within hours of the coup’s defeat, compromising the independence of the judiciary at a moment when an impartial justice system had become more important than ever. The government has also closed more than 150 media outlets.  Upwards of 80 journalists are behind bars.  The offices of the country’s oldest newspaper were raided, and the paper’s editor-in-chief and other staff were arrested.  The media environment was already under extraordinary pressure before the coup. Last spring, the government seized control of the country’s highest-circulation paper.  Self-censorship is now widely practiced to avoid provoking the government’s ire.   Additionally, state of emergency decrees have given regional governors the ability to curtail freedom of assembly rights, harming the ability of civil society organizations to organize rallies concerning the referendum.  Since July, the government has detained more than a dozen opposition parliamentarians. Many more continue to face criminal charges for political statements they made before the coup attempt.    It is difficult to overstate the chilling effect these measures have had on political debate in Turkey. And yet, these are the circumstances under which Turks voted on April 16.  These major constitutional changes passed with a slim majority of 51 percent.  The OSCE’s international observation mission stated in its preliminary conclusions that the vote “took place on an unlevel playing field” and that “fundamental freedoms essential to a genuinely democratic process were curtailed.”  Under the revised constitution, the once largely ceremonial position of president will convert into an “executive presidency” and the position of prime minister will be abolished.  The president will be elected along with the national assembly every five years and has the ability to dissolve the assembly and call new elections at will.  The president will also appoint a larger proportion — nearly half — of the country’s supreme judicial council.  In a report on these new constitutional provisions, the Venice Commission of the Council of Europe concluded that the amendments are a “step backwards” and pose “dangers of degeneration … towards an authoritarian and personal regime.”    Turkey is undergoing a disturbing transformation, and I am concerned these changes could undermine the strength of our partnership.  President Erdogan’s government has dramatically repressed dissent, purged opponents from every sector of government and society, and is now poised to consolidate power further under his self-described “executive presidency.” In the short term, the Turkish government should act swiftly and transparently to investigate credible claims of voting irregularities in the referendum as well as the legality of a surprise electoral board decision to admit an unknown number of ballots that should be deemed invalid under existing rules.  Public trust in the outcome of such a consequential vote is of utmost importance.  Sadly, until now, the government has responded to these challenges with dismissiveness and suppression.  In the past week, dozens of activists have been detained for participating in protests against the election results. Furthermore, the government should lift the state of emergency, stop all forms of repression against the free press, release all imprisoned journalists and political activists, and urgently restore public confidence in the judiciary.  Only then can it credibly and independently adjudicate the tens of thousands of cases caught up in the government’s months-long dragnet operations. A country where disagreements are suppressed rather than debated is less secure. A country where institutions are subordinated to personalities is less stable.  A country where criticism is conflated with sedition is less democratic.  Unless President Erdogan moves urgently to reverse these trends, I fear our partnership will inevitably become more transactional and less strategic.  It will become more difficult to justify long-term investment in our relationship with Turkey if the future of the country becomes synonymous with the fortunes of one party or one individual. The United States and Turkey need a solid foundation for enduring cooperation to tackle regional instability, terrorism, migration, and other challenges. The future of this partnership is difficult to imagine in the midst of a prolonged state of emergency, wide-scale purges, and weakened democratic institutions.

  • World Press Freedom Day 2017

    By Jordan Warlick, Staff Associate Although freedom of the press is recognized by democracies around the world as an essential and basic human right, emerging reports show that it is globally in decline, even in countries considered strong democracies. The recently published Freedom House 2017 Freedom of the Press Report and Reporters Without Borders’ 2017 World Press Freedom Index both indicate grim trends – Freedom House declares press freedom at its lowest point in 13 years, and Reporters Without Borders describes the “ever darker world map” it has published this year. The OSCE region is not uniform when it comes to freedom of the press. OSCE participating States include some of the freest nations in the world, like Norway and the Netherlands, alongside some of the least free nations, like Azerbaijan and Turkey. The worst-performing region in the aforementioned Freedom House report is Eurasia, while the best-performing is Europe, both of which are largely encompassed in the OSCE region. The central problems of media freedom are also varied between countries, from violence, intimidation, and incarceration of journalists; to emerging contempt for the media among politicians; to media outlet ownership and transparency issues. While some countries require more attention and monitoring than others, any conditions that impede on press freedom or that are considered harmful for journalists deserve attention. The OSCE Representative on Freedom of the Media was an office created in 1997 to do just that: monitor and assist participating States with compliance commitments on freedom of expression and free media. The most recent OSCE Representative on Freedom of the Media, Dunja Mijatović, was a fierce advocate for the rights of journalists across the OSCE. The OSCE participating States currently are in the process of selecting her successor, an appointment that requires consensus among the 57 OSCE participating States.  This office’s function as a watchdog for violations and deteriorating conditions for media has been critical to bringing attention to issues and cases that may otherwise go unnoticed. Still, undemocratic regimes, changing political tides in the region, and the evolving landscape of journalism present ongoing challenges. Over the last week alone, the Helsinki Commission has held three different events where media freedom has been an important topic of discussion: a hearing on human rights abuses in Russia; a briefing on Russian human rights violations of Ukrainian citizens; and a briefing on human rights in Turkey after its referendum on changes to the constitution.  At the hearing on human rights in Russia, each witness brought attention to the Kremlin’s control of the media and persecution of independent journalists. The briefing on Russian human rights violations against Ukrainian citizens focused on the incarceration of filmmaker Oleg Sentsov, but highlighted other cases of imprisoned journalists such as Roman Sushchenko of Ukrinform News and Mykola Semena, a contributor to Radio Free Europe. On Turkey, Freedom House panelist Nate Schenkkan described the severe restrictions on access to information and underscored Turkey’s status as the number one jailer of journalists in the world. If there is any hope for the future of press freedom in these countries where media is especially unfree, it is in the passion and talent of journalists who are committed to holding their governments accountable despite the risks. It is vital that the United States continue to be an exemplar of and advocate for freedom of the press, enshrined by our founders in the First Amendment in recognition of its importance for democracy, for other countries around the world.

  • Turkey Post-Referendum: Institutions and Human Rights

    Human rights abuses by the Turkish government have proliferated under the state-sanctioned emergency measures imposed in the aftermath of the July 2016 failed coup attempt.  Turkish authorities have fired as many as 130,000 public workers, including teachers, academics, police officers, and soldiers, and thousands have been arrested. Hundreds of journalists have had their credentials revoked and dozens of media outlets have been shut down. Human rights groups have documented widespread reports of intimidation, ill-treatment and torture of those in police custody. On April 16, 2017, Turkey held a referendum on a package of amendments that transforms the country’s institutions in major ways. The position of prime minister was eliminated and the executive powers of the president were expanded, enabling him to appoint ministers without parliamentary approval, exert more influence over the judiciary, and call early elections. Coming on top of the post-coup crackdown, how will Turkey’s changing institutions affect human rights in the country? Panelists at the briefing discussed how U.S. policymakers can most effectively encourage the protection of human rights to promote the interests of the Turkish people given the strategic importance of the U.S.-Turkey bilateral relationship.

  • Political Prisoners in Russia

    Principle VII of the 1975 Helsinki Final Act recognizes the right of individuals to know and act upon their human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief, without distinction as to race, sex, language or religion. The following individuals who were profiled in the Helsinki Commission's April 2017 hearing, "Democracy & Human Rights Abuses in Russia: No End in Sight," illustrate the many cases of political prisoners in Russia today. Dmitry Buchenkov – Buchenkov was charged under Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”) for his participation in the 2012 Bolotnaya Square protests against fraud in the 2011 presidential elections. He was arrested in December 2015 and is currently under house arrest.  He is recognized by Memorial as a political prisoner not only because the alleged offense did not take place, but also due to the lack of a fair trial and the disproportionate use of pretrial detention in light of the charge against him. His case illustrates the prosecution of individuals for engaging in nonviolent public protest against the government in general and the Bolotnaya Square cases in particular. Oleg Navalny – Navalny was charged under Article 159 (“swindling on a large scale”), article 159.4 (“swindling on a particularly large scale in the entrepreneurial sphere”), and article 174.1.a (laundering of funds on a large scale acquired by a person through a crime committed by him”).  He was sentenced to 3 ½ years in a closed proceeding, Memorial considers him a political prisoner because the alleged offense did not take place and he was not given a fair trial. In reality, Oleg Navalny was targeted because he is the brother of prominent political activist Alexei Navalny.  It appears the authorities are unwilling to make a martyr out of Alexei Navalny but seek to exert pressure on him by persecuting his brother. Oleg Navalny’s case illustrates the willingness of the government to target family members as a means of exerting pressure on political activists, which is specifically prohibited under the OSCE 1989 Vienna Concluding Document. Darya Polyudova – Polyudova was charged under article 280 of the Russian criminal code (“public appeals for extremist activity” and “public appeals for actions aimed at a violation of the territorial integrity of the Russian Federation”) in connection with her participation in preparation for a march that did not take place.  In reality, she was indicted for criticizing Moscow online for its support of Russia-backed separatists in Ukraine's east.  She is recognized as a political prisoner because the offense did not take place, her right to a fair trial was violated, and the government disproportionately used pretrial detention given the nature of the charges.  She was sentenced to two years in prison, becoming the first person in Russia convicted under a 2014 law criminalizing calls for separatism on the Internet. Her case illustrates the government’s prosecution of Russian nationals who criticize Russia’s actions and policies in Ukraine. Sergei Udaltsov – Udaltsov was charged under Article 30 of the Russian criminal code (“preparation of actions aimed at organizing mass riots”) and Article 212 (“organization of mass riots”) after participating in the Bolotnaya Square protests. He has been arrested multiple times before for protesting against the government. Memorial recognizes him as a political prisoner on the grounds that he was charged with an offense that did not take place; his right to a fair trial was violated; and the government disproportionately used pretrial detention. He was sentenced to four years and six months in prison. Ivan Nepomniashchikh – Nepomniashchikh was charged with Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”). He is recognized as a political prisoner on the grounds that he is being prosecuted for exercising his right to freedom of assembly; he is being charged with an offense that did not take place; he was not allowed a fair trial;  and the government disproportionately used pretrial detention. He is another example of those being prosecuted for participating in the Bolotnaya Square protests against the 2011 fraud in the presidential election. Alexei Pichugin – Pichugin was charged under Article 162 of the Russian criminal code (“robbery”) and Article 105 (“murder”). At a closed trial, Pichugin, the former head of internal economic security for the Yukos Company then headed by Mikhail Khodorkovsky, was sentenced to life imprisonment in a special-regime penal colony. He has been in prison since 2003 and is recognized as a political prisoner on the grounds that his prosecution was conducted without a fair trial.  The European Court on Human Rights also has held that Pichugin was denied a fair trial.   Oleg Sentsov – Senstov is a Ukrainian filmmaker imprisoned in Russia since 2015, and was the focus of a separate Helsinki Commission briefing. Sentsov was arrested in the Russian-occupied Crimean territory of Ukraine and charged under Article 205.4 of the Russian criminal code (“organization of a terrorist group”), Article 205 (“terrorist act committed by an organized group”), Article 30 in connection with Article 205 (“preparation of a terrorist act”), Article 30 in connection with Article 222 (“attempted illegal acquisition of firearms and explosive devices”), and Article 222 (“illegal acquisition and storage of far arms and explosive devices”).  He was accused of planning an attack on a monument to Lenin, a charge he denies. He was sentenced in a Russian military court to 20 years in a strict regime penal colony for terrorism. Other Illustrative Cases Alexander Kolchenko – Kolchenko, a Crimean activist, was charged under article 205 of Russia’s criminal code (art. 205.4 part 2: "Participation in a terrorist organization," and art. 205, paragraph "a," part 2: "A terrorist act conducted by a terrorist group"). He refuted the accusations of terrorism. Mr. Kolchenko was detained in May 2014, in Simferopol, Crimea, shortly after Russia took control over the peninsula. On August 25, 2016, the North Caucasus District Military Court of Russia sentenced Mr. Kolchenko to 10 years of imprisonment in a strict-regime colony. He is serving his sentence in the Chelyabinsk Oblast, in the city of Kopeysk, a facility notorious for its poor treatment of convicts. Mr. Kolchenko is recognized as a political prisoner by Russia’s Memorial watchdog group. Mykola Semena (under a travel ban) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care. Roman Sushchenko (in pre-trial detention) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko. Memorial, a Russian organization established to report on the crimes of Stalinism, documents cases of political prisoners as well as cases of those persecuted for their faith.This information was compiled by Helsinki Commission staff from Memorial, the U.S. Department of State Country Report on Human Rights Practices, and news sources. The U.S. Commission on International Religious Freedom also tracks cases of individuals imprisoned in connection with their faith.

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