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Wicker and Cardin Introduce Legislation to Defend U.S. Citizens and Diplomatic Staff from Political Prosecution in Turkey

Tuesday, April 09, 2019

WASHINGTON—Sen. Roger Wicker (MS) and Sen. Ben Cardin (MD) today introduced the Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act of 2019 (S. 1075) to address the ongoing wrongful detentions of U.S. citizens and diplomatic staff by the Government of Turkey. U.S. Senate Democratic Whip Dick Durbin (IL), who has actively supported efforts to secure the release of political prisoners around the world, is an original co-sponsor of the legislation, along with Sen. Marco Rubio (FL), Sen. Thom Tillis (NC), and Sen. Chris Van Hollen (MD).

“More than two and a half years have passed since Serkan Gölge, an American citizen, was detained in Turkey. Since then, we have witnessed the sham convictions of two Americans, including Pastor Andrew Brunson, and one local employee of the U.S. government on baseless terrorism charges. At least two other local staff of our consulate in Istanbul continue to face similar politically-motivated convictions without credible evidence of wrongdoing,” said Sen. Wicker. “Turkish authorities should immediately cease this harassment of our citizens and personnel. The bipartisan measure we are introducing today puts Turkey on notice that it can either quickly resolve these cases and free our citizens and local staff or face real consequences. Turkey is a valuable NATO ally—I expect it to start acting like one.”

“The Turkish government’s false imprisonment of Americans and Turkish citizens employed by the United States in Turkey is a gross violation of their human rights,” said Sen. Cardin. “Our bill makes clear that the United States will not tolerate years of Turkish recalcitrance on these cases. Officials in the Erdogan regime responsible for these crimes must be held accountable under Global Magnitsky standards for their ongoing injustices. I am eager to begin restoring constructive cooperation between our countries, but we simply cannot do so while these innocent men languish in wrongful and prolonged detention.”

“These arbitrary arrests are yet another example of Turkey’s deteriorating democracy and respect for human rights under autocrat President Erdogan,” said Sen. Durbin.  “That Erdogan continues to jail a U.S. citizen and Turkish staff that work for our consulates, not to mention prop up Venezuela’s Nicolas Maduro, warrant greater action by the Trump Administration.”

“Erdogan’s government continues to undermine the rule of law in Turkey, including by targeting American citizens and locally-employed U.S. diplomatic staff.  I’m proud to join this bipartisan effort to hold senior Turkish officials who are knowingly responsible for the wrongful detention of or politically-motivated false charges against American citizens and U.S. local employees at our diplomatic posts accountable,” Sen. Rubio said. “The Turkish government must live up to its commitment and act like a NATO ally if they wish to continue to be treated like one.”

“While the Turkish government made a step in the right direction with the release of Pastor Andrew Brunson last October, more needs to be done for Turkey to show good faith and act like a NATO ally,” said Sen. Tillis, co-chair of the Senate Human Rights Caucus. “This bipartisan legislation will impose sanctions on those responsible for the wrongful imprisonments of American citizens and diplomatic staff, and I hope progress will be ultimately made through the release of Serkan Gölge and other U.S. citizens currently imprisoned in Turkey.”

“Turkey’s blatant disregard for the rights of American citizens and diplomatic staff within their country is unacceptable. This legislation makes clear to Turkey that we will not accept the status quo. I urge the Senate to take up this bill immediately, so we can levy swift sanctions on senior Turkish officials and apply some serious pressure to get Turkey to release these wrongfully detained Americans and diplomatic staff,” said Sen. Van Hollen, co-chair of the Senate Foreign Service Caucus.

The bill would require the U.S. administration to impose sanctions on all senior Turkish officials responsible for the wrongful detentions of U.S. citizens and staff, including barring the officials from travel to the United States and freezing any U.S. assets. It further calls on President Trump to urge Turkey to restore due process guarantees and respect for the fundamental freedoms of all its people, thousands of whom are victims of the same politically-motivated prosecution and indefinite detention.

U.S. citizen and NASA scientist Serkan Gölge is one of several American citizens, including Pastor Andrew Brunson, who were caught up in the sweeping government-led purge that followed the 2016 coup attempt in Turkey. Brunson was convicted on fabricated terrorism charges and released in October 2018 but Gölge remains in jail serving a five-year sentence because of a similar conviction. He has been in jail since July 2016.

Since early 2017, Turkish authorities have targeted three veteran Turkish employees of U.S. consulates in Turkey on trumped-up national security charges that appear to stem in part from routine contacts they maintained as part of their professional responsibilities. All three men have worked as locally employed staff of the United States Government in Turkey for more than three decades.

A Turkish court in January 2019 convicted Hamza Ulucay, who was imprisoned since February 2017, on terrorism charges without any credible evidence of wrongdoing. He was sentenced to four and a half years in jail, but released on time served.

Two other local staff from the U.S. Consulate General in Istanbul, Metin Topuz and Mete Canturk, remain in custody or under house arrest on similar trumped-up charges. After 18 months in jail, Metin had his first court hearing last month. The court adjourned his trial until May 15.

In November 2017, the Helsinki Commission held a hearing on the detention of American citizens and U.S. consulate employees in Turkey. In the months prior to the hearing, Helsinki Commission leaders raised these cases in letters to President Erdogan and President Trump.

Media contact: 
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Stacy Hope
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csce[dot]press[at]mail[dot]house[dot]gov
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In conclusion, Rabbi Scheiner admonished the Turkish Government “to live and let live.” Dr. Limberakis detailed the various religious liberty violations he had personally witnessed on several trips to Turkey. He provided charts, showing that in 1936 the Greek Orthodox Church owned more than 8,000 properties. By 1999, its holdings had been reduced to about 2,000 places and today that number is less than 500. For the properties the church retains, the government has been slow or non-responsive in issuing building permits and allowing for repairs. The Church of the Virgin Mary, which was severely damaged in the 2003 terrorist bombings in Istanbul, waited more than a year for the building permits to rebuild. Limberakis categorized this as “emblematic of the modus operandi of the Government of Turkey.” Limberakis also discussed the Balukli Hospital and Home for the Aged. In addition to having some of its properties seized, the government has recently informed the hospital that it is subject to a 42% retroactive tax dating back to 1999. He recounted how he was assured by government leaders in February 2004 that the Halki Seminary would reopen and that it would possibly be operational for the 2004-2005 school year. September 2004 came and no progress was made. In a meeting in December 2004, the issue was discussed with Turkish officials but no further assurances were given. Dr. Edgar began his testimony by stressing the importance of the Ecumenical Patriarch, not only to Orthodox believers, but to Christians around the world for thousands of years. Istanbul has retained “its place of ecclesiastical prominence among the Orthodox Churches and its place of honor throughout the entire Christian world.” Edgar lauded the Ecumenical Patriarch as the “symbolic leader of the world’s 250 million Orthodox Christians.” Edgar discussed how the 1923 Treaty of Lausanne, which formally recognized the Greek Orthodox community as a minority in Turkey, guarantees the community’s rights. The Turkish Constitution states that religious liberties are to be enjoyed by all. Though the government has made promises, the implementation is lacking. Cardinal McCarrick agreed with others in saying that the Turkish Government greatly misunderstands the importance of the Ecumenical Patriarchate. He said, “Turkey, one would hope, would be so proud to have among its citizens and among its religious leaders one whose influence is felt not only beyond its borders, but throughout the world.” He discussed Pope John Paul II’s tremendous respect and honor for Patriarch Bartholomew, the current Ecumenical Patriarch and leader of the Orthodox Church. McCarrick briefly mentioned Turkey’s Law on Foundations which has created difficulties for non-Muslim religious communities. He reported that revenues from property transactions were often frozen and that religious institutions were often required to pay corporate taxes. Over the years members of the Helsinki Commission have been consistent and vocal advocates for the Greek Orthodox Church, as well as other religious groups experiencing problems in Turkey, be they Muslim, Christian or other. The briefing made it clear the Government of Turkey needs to take several positive steps to fulfill the Helsinki commitments regarding freedoms of religion and assembly which it has freely accepted. First, the apparent systematic expropriation of the properties of the Greek Orthodox Church ascribed as legal under the foundation laws of Turkey must cease. While such actions may be legal they are clearly wrong and prevent Turkey from fulfilling its basic Helsinki commitments. One can easily perceive sinister motives in the application of these laws regarding religious institutions—they appear to have as their goal the eradication of the Greek Orthodox from all of Turkey. Turkey needs to remove religious institutions from under these laws and free religious institutions from their burden. Second, Turkey needs to appreciate that freedom of the spirit is not a threat to the state. Allowing such freedom actually enhances one’s commitment to and love of country. The current system erodes the fundamental glue that keeps citizens proud of their lineage. And, finally, Turkey needs to look outward to the modern world to realize that the great democracies not only allow freedom of religion and assembly, accompanied by speech rights, but encourage them. Both the state and the citizen will grow better in the light of openness, acceptance and tolerance. This briefing was the first in a series of three, with the second briefing focusing on the Turkish Government’s treatment of other religious communities in the country. The last event will be with representatives of the Turkish Government in Ankara, addressing a variety of issues including those discussed in the first two briefings. United States Helsinki Commission intern Alesha Guruswamy contributed to this article.

  • The Greek Orthodox Church in Turkey: A Victim of Systematic Expropriation

    In this briefing, Co-Chairman Smith described the issue of the status of the Orthodox Church in Turkey and condemned Turkey’s practice of property seizures; continuous impediments to land ownership and church repairs; and the denial of legal status for the Ecumenical Patriarchate as direct contradictions to Ankara’s OSCE commitments. The progress that the Government of Turkey has made in its reform program as well as the actions that should be taken in the future to support its Orthodox citizens and to bring its laws and policies into conformity with OSCE commitments was also discussed. Witnesses providing testimony at the briefing addressed a range of topics, including the confiscation of church property and other religious liberty violations undertaken by the government. A combination of personal experience and historical evidence was used by the witnesses to illuminate these violations and present suggestions for improving religious liberty in the future.

  • Helsinki Commission Leaders Visit Ukraine

    By Orest Deychakiwsky Staff Advisor United States Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Commission Member Rep. Benjamin L. Cardin (D-MD) met with Ukrainian officials, non-governmental organizations, and religious leaders in Kyiv, Ukraine on February 26-27, 2005. The delegation also laid wreaths at the Memorial to the Victims of the 1932-33 Terror-Famine and at the Babyn (Babi) Yar memorial. The Commissioners had substantive and far-reaching meetings with Ukraine’s State Secretary Oleksandr Zinchenko, Foreign Minister Boris Tarasyuk, Justice Minister Roman Zvarych, Minister of Transportation and Communications Yevhen Chervonenko, and Chairman of the parliament’s Committee on Organized Crime and Corruption Volodymyr Stretovych. The meetings covered many topics, including the lifting of the Jackson-Vanik amendment and granting normal trade relations (NTR) status as well as facilitating Ukraine’s entry into the World Trade Organization (WTO). Commissioners Smith and Cardin were impressed with the political will and determination of Ukraine’s Government officials as well as the non-governmental organizations to work for positive change in Ukraine. As an original cosponsor, Co-Chairman Smith noted the recent introduction of a bill by House International Relations Committee Chairman Rep. Henry J. Hyde (R-IL), which would grant Ukraine NTR. Commissioner Cardin affirmed his support for NTR and Ukraine’s joining WTO, noting that it was critical for Ukraine to conclude intellectual property rights talks with the United States. Discussions also centered on human trafficking, corruption, the rule of law and human rights issues such as torture, the Gongadze case, sustaining media freedoms, and on how the United States can best assist Ukraine during this time of historic transition. State Secretary Zinchenko expressed pleasure at the current state of U.S.-Ukrainian bilateral relations, observing that both sides now have trust in each other. He outlined President Viktor Yushchenko’s priorities, including combating corruption, extending a hand to business, protecting private property, promoting respect for the rule of law – especially in government entities such as the Interior Ministry, tax police and the security services – as well as promoting the further development of civil society. Secretary Zinchenko also emphasized the importance of U.S. investment in Ukraine. The Commissioners and Ukrainian officials also discussed in detail HIV/AIDS in Ukraine, which Zinchenko described as very acute and far-reaching, and the proposed new Chornobyl shelter that will cover the crumbling old sarcophagus. Minister of Justice Roman Zvarych outlined the Justice Ministry’s priorities to encourage and ensure the rule of law. Securing human rights and liberties would include such measures as getting the police to pay attention to procedural norms and urging parliament to adopt necessary civil and administrative procedural code changes. With respect to combating corruption, Zvarych hopes to soon unveil a comprehensive “Clean Hands” program, including a code of ethics. Cleaning up the court system is another priority, and the Justice Ministry has plans to take a variety of steps against judges engaged in corrupt practices. The delegation and Zvarych discussed the issues of human trafficking, torture of detainees, the Gongadze case, restitution of religious property and national minority issues. Chairman Volodymyr Stretovych and representatives of the International Organization for Migration (IOM) gave a comprehensive briefing on the problem of human trafficking in Ukraine, what steps are being taken by the government and NGOs to combat this scourge and plans on further addressing this important issue. A key concern was improving law enforcement cooperation between Ukraine (as a country of origin for victims of trafficking) and countries of destination. U.S. Embassy Deputy Chief of Mission Sheila Gwaltney hosted a meeting with U.S. Embassy, U.S. Agency for International Development, and FBI officials during which U.S. efforts to assist the new Ukrainian Government in promoting the rule of law and combating human trafficking were discussed. The delegation also visited an IOM-sponsored medical rehabilitation center for trafficking victims. Human trafficking, as well as religious rights issues, were also discussed in a meeting with Papal Nuncio Archbishop Ivan Jurkovich. Ambassador John Herbst organized and hosted a discussion with NGO representatives from Freedom House, Institute for Mass Information, the Chernihiv-based organization Dobrochyn and the Ukrainian Helsinki Human Rights Union. Mykhaylo Horyn, former Soviet political prisoner and head of the pro-independence movement Rukh in the early 1990s, also participated in the meeting. The delegation met with Jewish representatives, including the new Minister of Transportation and Communications Yevhen Chervonenko who is also Vice-President of the Eurasian Jewish Congress. They discussed matters pertaining to Ukraine’s Jewish community, assessing them positively. Foreign Minister Tarasyuk expressed gratitude to the Helsinki Commission for its active work in support of democracy in Ukraine and stated that the clear position of Congress and the U.S. Government, including support for a strong contingent of international election observers during the recent elections, effectively helped Ukrainian democracy. In raising Jackson-Vanik graduation, market economy status, and the WTO, Minister Tarasyuk cited strong readiness and willingness on the part of the Ukrainian Government to remove obstacles on their part, including a promise to submit in the Rada shortly a draft law on intellectual property rights. Minister Tarasyuk and the Commissioners also discussed the vital importance of ongoing OSCE election observation, Ukrainian-Russian relations, and Ukraine’s strengthened role in resolving the long-festering Moldova-Trandniestria conflict. The United States Helsinki Commission, an independent federal agency, by law monitors and encourages progress in implementing provisions of the Helsinki Accords. The Commission, created in 1976, is composed of nine Senators, nine Representatives and one official each from the Departments of State, Defense and Commerce.

  • Helsinki Commission Leaders Visit Ukraine; Impressed By Government's Efforts on Road to Recovery

    By Orest Deychakiwsky, Staff Advisor United States Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) and Ranking Commission Member Rep. Benjamin L. Cardin (D-MD) met with Ukrainian officials, non-governmental organizations, and religious leaders in Kyiv, Ukraine on February 26-27, 2005. The delegation also laid wreaths at the Memorial to the Victims of the 1932-33 Terror-Famine and at the Babyn (Babi) Yar memorial. The Commissioners had substantive and far-reaching meetings with Ukraine’s State Secretary Oleksandr Zinchenko, Foreign Minister Boris Tarasyuk, Justice Minister Roman Zvarych, Minister of Transportation and Communications Yevhen Chervonenko, and Chairman of the parliament’s Committee on Organized Crime and Corruption Volodymyr Stretovych. The meetings covered many topics, including the lifting of the Jackson-Vanik amendment and granting normal trade relations (NTR) status as well as facilitating Ukraine’s entry into the World Trade Organization (WTO). Commissioners Smith and Cardin were impressed with the political will and determination of Ukraine’s Government officials as well as the non-governmental organizations to work for positive change in Ukraine. As an original cosponsor, Co-Chairman Smith noted the recent introduction of a bill by House International Relations Committee Chairman Rep. Henry J. Hyde (R-IL), which would grant Ukraine NTR. Commissioner Cardin affirmed his support for NTR and Ukraine’s joining WTO, noting that it was critical for Ukraine to conclude intellectual property rights talks with the United States. Discussions also centered on human trafficking, corruption, the rule of law and human rights issues such as torture, the Gongadze case, sustaining media freedoms, and on how the United States can best assist Ukraine during this time of historic transition. State Secretary Zinchenko expressed pleasure at the current state of U.S.-Ukrainian bilateral relations, observing that both sides now have trust in each other. He outlined President Viktor Yushchenko’s priorities, including combating corruption, extending a hand to business, protecting private property, promoting respect for the rule of law – especially in government entities such as the Interior Ministry, tax police and the security services – as well as promoting the further development of civil society. Secretary Zinchenko also emphasized the importance of U.S. investment in Ukraine. The Commissioners and Ukrainian officials also discussed in detail HIV/AIDS in Ukraine, which Zinchenko described as very acute and far-reaching, and the proposed new Chornobyl shelter that will cover the crumbling old sarcophagus. Minister of Justice Roman Zvarych outlined the Justice Ministry’s priorities to encourage and ensure the rule of law. Securing human rights and liberties would include such measures as getting the police to pay attention to procedural norms and urging parliament to adopt necessary civil and administrative procedural code changes. With respect to combating corruption, Zvarych hopes to soon unveil a comprehensive “Clean Hands” program, including a code of ethics. Cleaning up the court system is another priority, and the Justice Ministry has plans to take a variety of steps against judges engaged in corrupt practices. The delegation and Zvarych discussed the issues of human trafficking, torture of detainees, the Gongadze case, restitution of religious property and national minority issues. Chairman Volodymyr Stretovych and representatives of the International Organization for Migration (IOM) gave a comprehensive briefing on the problem of human trafficking in Ukraine, what steps are being taken by the government and NGOs to combat this scourge and plans on further addressing this important issue. A key concern was improving law enforcement cooperation between Ukraine (as a country of origin for victims of trafficking) and countries of destination. U.S. Embassy Deputy Chief of Mission Sheila Gwaltney hosted a meeting with U.S. Embassy, U.S. Agency for International Development, and FBI officials during which U.S. efforts to assist the new Ukrainian Government in promoting the rule of law and combating human trafficking were discussed. The delegation also visited an IOM-sponsored medical rehabilitation center for trafficking victims. Human trafficking, as well as religious rights issues, were also discussed in a meeting with Papal Nuncio Archbishop Ivan Jurkovich. Ambassador John Herbst organized and hosted a discussion with NGO representatives from Freedom House, Institute for Mass Information, the Chernihiv-based organization Dobrochyn and the Ukrainian Helsinki Human Rights Union. Mykhaylo Horyn, former Soviet political prisoner and head of the pro-independence movement Rukh in the early 1990s, also participated in the meeting. The delegation met with Jewish representatives, including the new Minister of Transportation and Communications Yevhen Chervonenko who is also Vice-President of the Eurasian Jewish Congress. They discussed matters pertaining to Ukraine’s Jewish community, assessing them positively. Foreign Minister Tarasyuk expressed gratitude to the Helsinki Commission for its active work in support of democracy in Ukraine and stated that the clear position of Congress and the U.S. Government, including support for a strong contingent of international election observers during the recent elections, effectively helped Ukrainian democracy. In raising Jackson-Vanik graduation, market economy status, and the WTO, Minister Tarasyuk cited strong readiness and willingness on the part of the Ukrainian Government to remove obstacles on their part, including a promise to submit in the Rada shortly a draft law on intellectual property rights. Minister Tarasyuk and the Commissioners also discussed the vital importance of ongoing OSCE election observation, Ukrainian-Russian relations, and Ukraine’s strengthened role in resolving the long-festering Moldova-Trandniestria conflict.

  • Democratization in Central Asia

    Mr. Speaker, as the 108th Congress comes to an end, I want to make some observations about democratization in Central Asia, an energy-rich and geo-strategically important region. All these states are ruled by secular leaders who cooperate with Washington against terrorists. There are U.S. bases in Uzbekistan and Kyrgyzstan, to help promote stabilization in Afghanistan. This collaboration benefits us, as well as Central Asian presidents, and should certainly continue. But unfortunately, these countries are some of the worst human rights violators in the OSCE space. Everywhere in the region, super-presidents dominate the political arena, with parliaments and judicial systems dependent on the executive branch. Media are under heavy government pressure; in Uzbekistan and Turkmenistan, Soviet-era censorship continues in force. Equally characteristic of Central Asian states is corruption, which has not only enriched the ruling families and the favored few at the top but has impeded the development of free media and independent courts.   True, much of this characterization could be said about all the post-Soviet states to some degree, including Russia. But it is important to point out that there is a counter, or competing tendency in the region, exemplified by Georgia’s Rose Revolution of a year ago. While Georgia has a long way to go, there is no doubt about the legitimacy or popularity of its leader, President Mikheil Saakashvili. Also the peaceful protest movement he led to overturn the results of a rigged election has emboldened opposition activists throughout the former Soviet Union to believe that society may yet be able to have a voice in who governs and how.   Central Asian leaders were quick to claim that circumstances in Georgia were so different from their own that no parallels were possible. Still, the Georgian example sent shivers down their spines. That is one reason why the elections in Central Asia that have taken place this year have been, as they were in the past, carefully controlled, with predictable outcomes.   Uzbekistan, for example, is holding parliamentary elections in December. No opposition parties have been allowed to operate in Uzbekistan since 1992-1993. Despite pressure from Washington, Tashkent refused to register opposition parties this year, leaving only five pro-government parties to participate. Moreover, Uzbek authorities have contrived to keep opposition candidates from registering in single mandate races – even though officials told the U.S. Delegation to the OSCE Human Dimension Implementation Review Meeting in Warsaw in October that opposition candidates would be able to run. The result is obvious in advance: another pro-government, pocket parliament, with no dissenting voices and no capacity to perform any oversight of the executive branch. It should be noted that there have been several outbursts of popular dissatisfaction in Uzbekistan in the last few months; President Islam Karimov’s tightly-run political system may be less stable than many suppose.   In neighboring, oil-rich Kazakhstan, opposition parties are registered and were able to compete in September’s parliamentary election. Kazakhstan had previously expressed its desire to become OSCE Chairman-in-Office in 2009, and many observers linked Kazakhstan’s chances to a good grade on the parliamentary election. But the assessment of OSCE and Council of Europe monitors – citing numerous infractions and an uneven playing field for pro-government parties and the opposition – was critical. Kazakhstan’s chances of winning the OSCE Chairmanship have clearly diminished. At the same time, President Nursultan Nazarbaev – who is under investigation for corruption by the U.S. Department of Justice – has announced his intention to run, yet again, for reelection in 2006. Some commentators speculate that he may hold snap elections next year, to keep his opposition off guard. Should he win and serve out another seven-year term, he will have been in office almost 25 years.   Obviously, Mr. Speaker, Central Asian leaders do not find the responsibilities of the presidency too burdensome: Tajikistan’s President Imomaly Rakhmonov last year orchestrated a referendum on constitutional changes that could allow him to remain in office until 2020. True, Tajikistan is the only country in Central Asia where Islamic political activism is tolerated. We await with interest the parliamentary elections, in which opposition and Islamic parties will participate, scheduled for next February.   As for Turkmenistan, one of the most repressive countries on earth, I’m pleased to note that freedom of religion advanced a bit. The government of President Saparmurat Niyazov took some steps to liberalize the process of registration for confessions – instead of 500 adult members per locality, now only five nationwide are needed to register a community. For years, only Sunni Islam and Russian Orthodoxy were legal; now Ashgabat has registered Baptists, Adventists, Hare Krishna’s, and Baha’is. Moreover, the authorities released six Jehovah’s Witnesses, although two others remain jailed along with the former grand mufti. These steps – taken under Western and especially U.S. pressure, but which we welcome nonetheless – allowed Turkmenistan to escape designation by the U.S. Government as a Country of Particular Concern this past year. However, troubling reports continue to emerge about limitations on religious freedom and harassment of registered and unregistered religious communities. We must continue to monitor the situation closely and encourage Turkmenistan to continue moving forward with reforms, as even the improved situation is far from meeting OSCE standards on religious freedom.   In all other respects, however, democratization has made no progress. Turkmenistan remains the only one-party state in the former Soviet bloc and Niyazov’s cult of personality continues unabated. Recently, he tried to discuss holding presidential elections in 2008. But in a farcical scene, the assembled officials and dignitaries refused to hear of it. They “insisted” that Niyazov remain Turkmenistan’s leader in perpetuity; he, duly humbled by their adulation, took the issue off the table.   This brings us to Kyrgyzstan, in many ways the most intriguing of the Central Asian states. Of all the region’s leaders, only President Askar Akaev, who has held office for almost 15 years, has announced his intention not to run next year for reelection – though he has phrased the pledge carefully if he changes his mind. Kyrgyzstan is also the only Central Asian country where a large-scale protest movement has ever seemed poised to force a Head of State out of office: in summer 2002, thousands of people furious about the shootings of demonstrators in a southern district blocked the country’s main road, and threatened a mass march on the capital, Bishkek. Ultimately, the movement petered out but the precedent of public activism was set.   President Akaev’s stated intention not to run again, the upcoming parliamentary (February 2005) and presidential (October 2005) elections and Kyrgyzstan’s history of protest movements make for an interesting situation. In the next few months, Akaev must make fateful decisions: the most important is whether or not to run again. If he chooses to stay in office for another term, he risks sparking demonstrations. Though Kyrgyzstan is not Georgia, something akin to a Rose Revolution should not be excluded as a possible scenario. If Akaev opts to step down, however, we should not expect that he, his family and entourage would permit free and fair elections. More likely, he will try to select a successor – as Boris Yeltsin did with Vladimir Putin in Russia – and act to ensure his victory. But that course, too, could lead to protests.   Any decision Akaev makes – with intrusive, anxious neighbors looking over his shoulder – is risky and might have resonance beyond Kyrgyzstan’s borders. For that reason, the elections in Kyrgyzstan next year are of great interest not only to the voters of that country but to capitals near and far. Mr. Speaker, I hope to be able to report to this chamber next year that democratization has made strides in Central Asia.

  • The Case of Mikhail Trepashkin

    Mr. Speaker, there is reason to fear for the fate of rule of law in Russia. I want to present one relevant example.   Mikhail Trepashkin, an attorney and former Federal Security Service, FSB, officer was arrested on October 24, 2003, a week before he was scheduled to represent in legal proceedings the relatives of one of the victims of a terrorist attack in Moscow. Mr. Trepashkin's American client is Tatyana Morozova of Milwaukee, Wisconsin. In September 1999, Ms. Morozova's mother was killed and her sister barely survived the bombing of an apartment house in Moscow. Officially, the crime was blamed on Chechen separatists, but Mr. Trepashkin was expected to present the findings of his investigation which suggested involvement of elements of the FSB in the 1999 apartment bombings in Moscow as well as an aborted attempted bombing in the city of Ryazan.   Mr. Trepashkin had been a consultant to the public commission set up by prominent human rights activist and former Duma Deputy Sergei Kovalev to investigate the 1999 bombings. The Kovalev commission asked many unpleasant questions but got precious few answers from the authorities. Meanwhile, in the course of his investigation Trepashkin discovered evidence that didn't track with the official version of the bombing incidents. This included events in Ryazan, where a bomb in an apartment basement was discovered by local police and safely detonated hours before it was due to explode. The two suspects in that case were released after presenting FSB identification documents. The whole incident was later declared a "readiness exercise" by Russian authorities.   Several months later, the co-chairman of the Kovalev Commission, Duma Deputy Sergei Yushenkov, was assassinated in front of his home. Four persons were convicted of the murder. Another member of the Commission died of food poisoning in a hospital, another was severely beaten by thugs, and two members lost their seats in the Duma. The activities of the decimated commission came to an abrupt halt.   A week before the October 24, 2003 trial opened, the police just happened to pull Trepashkin over on the highway, and just happened to find a revolver in his car. Trepashkin claims the gun was planted. Three weeks later, he was put on trial and sentenced to 4 years labor camp by a closed court for allegedly divulging state secrets to a foreign journalist.   Mr. Speaker, I don't know all the details of this case, but it looks very much like Mr. Trepashkin was prosecuted in order to prevent him from releasing potentially damaging information regarding the activities of the FSB. The U.S. State Department has commented diplomatically: "The arrest and trial of Mikhail Trepashkin raised concerns about the undue influence of the FSB and arbitrary use of the judicial system."   Today Mr. Trepashkin is held in a Volokolamsk city jail in a 130-square foot, lice-infested cell, which he shares with six other prisoners. He suffers from asthma but reportedly has been denied health care or even medicine. These arduous conditions may be retaliation for Mr. Trepashkin's filing a complaint to the European Court of Human Rights in Strasbourg.   It is difficult to believe that President Putin, given his KGB and FSB background, is unaware of the controversy surrounding the bombing investigations and the possibility that elements of the security services were involved. He must realize that corruption and personal vendettas within the FSB are dangerous commodities not only for the people of Russia, but for an entire civilized world that relies on the combined efforts of the intelligence community in the war against terrorism.   I urge President Putin to order a thorough and honest investigation of Mikhail Trepashkin's jailing and full cooperation with the Kovalev Commission. While the jury is still out on the 1999 bombings, persecution of those who want to find out the truth does not add to Mr. Putin's credibility among those in the West who so far have been willing to give him the benefit of the doubt.  

  • Bring Paul Klebnikov’s Killers to Justice

    Mr. Speaker, I want to call the attention of my colleagues to the death of journalist Paul Klebnikov, who was murdered on July 9 of this year outside his Moscow office. An American citizen of Russian lineage, Mr. Klebnikov was editor of the Russian edition of Forbes magazine. According to the Committee to Protect Journalists, he was the 11th journalist killed in Russia in a contract-style murder in the past four and a half years.   Mr. Klebnikov had achieved prominence as a result of his investigative journalism which often focused on the connections between business, politics and crime in Russia. Mr. Klebnikov's investigations resulted in his writing two books, both devoted to exposing corruption within Russia's business and political sectors. Clearly, he made powerful enemies. There has been speculation that his murder was connected to a Forbes article that focused on Moscow's 100 wealthiest people. Someone, goes the theory, did not care for the publicity. Another suggestion is that Mr. Klebnikov's book Conversation with a Barbarian: Interview with a Chechen Field Commander on Banditry and Islam may have sparked a motive for the murder.   It was Mr. Klebnikov's love of Russia and his belief that reforms were advancing the nation toward a greater transparency in business and politics that motivated him to launch the Russian edition of Forbes magazine in April 2004. Mr. Klebnikov was committed to exposing and confronting corruption in the hope that such work would contribute to a brighter future for the people of Russia. He believed that accountability was an essential element to achieve lasting reforms.   Unfortunately, this hope for a better future in Russia has been dealt a serious blow by the murder of Paul Klebnikov. As I and ten other Members of the Helsinki Commission wrote to President Putin on October 5th of this year, much more is at stake than determining who killed Paul Klebnikov. The fear and self-censorship arising from the murders of journalists in Russia only serves to add to the corruption of government officials and businessmen. A cowed press cannot be the effective instrument for building the free and prosperous society that Mr. Putin purports to seek.   Mr. Speaker, according to the Russian news agency ITAR-TASS, on the occasion of "Militia Day," November 10, President Vladimir Putin told police officials that protecting the economy from crime and fighting corruption is a priority task in Russia. I would urge Mr. Putin to back up these words with action. Russian authorities should investigate to the fullest extent possible the murder of Mr. Klebnikov, no matter where the trail leads.   Only through rule of law and accountability can Russia achieve the safe, free and comfortable future that Mr. Klebnikov believed was possible.

  • Briefing Surveys Human Rights of Russia's Roma Population

    By Erika Schlager CSCE Counsel on International Law On September 23, 2004, the United States Helsinki Commission held a briefing on “The Roma in Russia.”  Panelists included Dimitrina Petrova, Executive Director, European Roma Rights Center; Alexander Torokhov, Director, Roma Ural; and Leonid Raihman, a consultant for the Open Society Institute specializing in minority issues in the former Soviet Union. Elizabeth Pryor, Senior Advisor to the Helsinki Commission, moderated the briefing.  She noted the Commission’s long engagement regarding the human rights problems faced by Roma as well as the overall human rights situation in Russia.  Highlighting the need to examine the particular situation of Roma in Russia, she observed that since Roma “constitute a relatively small part of the Russian population, their plight is often overlooked.” Dr. Petrova noted that, for the 2002 Russian census, approximately 182,000 individuals identified themselves as Romani.  Unofficial estimates, however, suggest that the number of Roma in Russia is much higher; a figure often cited is 1.2 million.  She argued that the fate of Roma in Russia is emblematic of the racism, xenophobia, and discrimination faced by other ethnic minorities in Russia, particularly Jews and people from the Caucasus region. In a comprehensive statement, Dr. Petrova outlined nine key areas of concern:  historical and social discrimination against Roma; the legal and institutional context of anti-discrimination legislation; the current political and ideological climate in Russia; the abuse of Roma rights by state actors (primarily the police); the abuse of Roma rights by non-state actors; discrimination in the criminal justice system; the portrayal of Roma in the Russian media; the lack of personal documents; and access to housing and education.  The main focus of Dr. Petrova’s statement concerned abuse by both state and non-state actors.  The main impetus of anti-Roma abuse in Russia is related directly to the ideological “war on drugs.”  People of Roma descent are targeted through racial profiling and various media outlets as illegal drug dealers and are subject to frequent police raids.  The “war on drugs” has also become an excuse for police brutality and racial targeting in which police plant drugs on the Roma or in their homes and then arrest them for the possession of illegal substances. Dr. Petrova ended her statement with a call for the United States Government “to play a leadership role and use its economic and political weight to help improve the position of Roma in Russia and address the human rights problems of Roma in Russia as a matter of urgency and as a primary concern in combating racial discrimination.”  She asked human rights monitoring agencies both in the United States and in Europe to prioritize Roma rights in Russia and to draw the Russian Government’s attention to Roma issues that are currently not being addressed. Dr. Torkohov, representing the Ekaterinburg-based Roma Ural, presented his organization’s efforts to monitor media coverage of Roma, examine factors contributing to lower levels of education among Roma, and assist Romani Holocaust survivors obtain compensation through existing programs. Torkohov offered a number of recommendations to improve the current situation.  With respect to education, he suggested creating preschool programs for Roma children to improve literacy, working with both children and parents to understand the value of education, and facilitating cooperation between parents and schools.  Given the pronounced bigotry against Roma that characterizes portrayals of Roma in the broadcast and print media, he also suggested training journalists to improve their professional skills. Leonid Raihman focused on ill treatment of Roma by the police, access to justice, and problems associated with the lack of personal documents, including passports.  Endemic corruption among the poorly paid and poorly trained police in Russia has fostered an environment in which Roma are the routine victims of extortion by the police.  This extortion, in turn, contributes to the economic marginalization of Roma. Raihman also described the serious and complex problem of personal documents for the Roma.  He said the absence of personal documents, as well as the rigid nature of the personal documents system in Russia, represents an aspect of the problem.  However, he felt that ethnicity was the primary reason for problems in obtaining a passport.  “Administration officials,” he stated, “especially in housing and immigration departments abuse the discretionary decision-making power accorded to them by the passport system to discriminate against Roma and members of the vulnerable groups.” Mr. Raihman urged the U.S. Government to use its power “to persuade the Russian Government to place the human rights problems which the Roma face high on their agenda.”  He stated that it is time for the Russian Government, as well as the rest of the world, to acknowledge and deal with the problems faced by the Roma in Russia.   United States Helsinki Commission Intern Judy Abel contributed to this article.

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