Helsinki Commission Members Urge Powell to Act Washington - Members of the United States Helsinki Commission expressed their disappointment with a law against religions recently enacted in the former Soviet Republic of Turkmenistan. The Commissioners renewed their call for Secretary of State Colin Powell to designate Turkmenistan as a "Country of Particular Concern," in the face of growing repression against those who seek to profess and practice their faith. The International Religious Freedom Act of 1998 established the designation of "Countries of Particular Concern" (CPC) for countries with a well-documented record of "particularly severe violations of religious freedom." Designations can be made at any time by the Secretary of State. "I am gravely concerned by the new downturn for this most recent strike against religious freedom in Turkmenistan," declared United States Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ). "This new law demonstrates Niyazov's fear of people freely exercising their religious beliefs and strengthens the case for designating Turkmenistan as a Country of Particular Concern. I urge Secretary of State Colin Powell to consider this alarming development." "Niyazov's regime continues to amaze me with increasingly draconian laws aimed at further crushing human rights," said Helsinki Commission Co-Chairman Senator Ben Nighthorse Campbell (R-CO). "Turkmenistan's brazen violations of the rights of believers warrant designation as a Country of Particular Concern." "Unregistered groups brave enough to meet have repeatedly faced home raids, imprisonment, deportation, internal exile, house eviction and even torture," said Helsinki Commission Ranking Member Rep. Benjamin L. Cardin (D-MD). "The law contains a chapter entitled 'Controlling and Monitoring the Activities of Religious Organizations.' This flies in the face of OSCE commitments on religious freedom and makes a horrible situation even worse." President Saparmurat Niyazov, the one-time Communist boss of the former Soviet Turkmen Republic, has declared himself president for life and has named himself "Turkmenbashi," the leader of all Turkmen. The new anti-religion law bans any activity by unregistered religious groups. While many religious communities exist in Turkmenistan, only the Russian Orthodox Church and the Sunni branch of Islam are registered, and both are strictly controlled by the Niyazov regime. To obtain permission to operate legally, a group must demonstrate, among other things, that it has 500 members. Yet the registration requirements are too burdensome for small religious communities to fulfill, placing them in real jeopardy. There is concern that this high threshold will be applied in each locality where a group wishes to operate, making registration virtually impossible to obtain. Also alarming is the new, corresponding criminal code amendment, which stipulates that individuals caught more than once a year acting on behalf of an unregistered religious community can be fined between ten and thirty months of wages, be sent to hard labor for two years or imprisoned for one year. The previous law only levied administrative fines for similar "offenses." Reports continually arise of religious communities suffering under Niyazov's iron grip, including the following: In November, the State Security Ministry (formerly the KGB) closed down a mosque for not placing Niyazov's religious book, the Ruhnama, on the same stand as a Koran during Friday prayers. In October, police banned Baptists from meeting in Balkanabad and doubled their fines. In June, authorities temporarily detained and heavily fined leaders of a Baptist church ministering to the deaf for meeting "illegally" in Turkmenabad. Five members of a non-denominational Protestant church in the town of Abadan were fined after a police raid. In May, authorities raided and closed a meeting of Hare Krishnas in Ashgabad, and law enforcement officers broke up a Baptist Sunday morning service in Turkmenbashi. On October 20, eight Members of the United States Helsinki Commission and 26 other Members of Congress wrote a letter to Secretary of State Colin L. Powell, urging him to designate Turkmenistan--along with Saudi Arabia and Vietnam--as a Country of Particular Concern for its appalling record on religious freedom. Countries currently designated as CPCs are Burma, China, Iran, Iraq, North Korea and Sudan.

November 25, 2003 His Excellency Mikulas Dzurinda Prime Minister Republic of Slovakia Bratislava, Slovakia Dear Prime Minister Dzurinda: We write as a follow-up to the letter dated March 7, 2003 sent by nine Members of the Helsinki Commission regarding reports that Romani women were sterilized without informed consent. We were heartened by your March 20 letter, in which you stated so strongly your commitment to ensure respect for human rights in Slovakia. Unfortunately, we believe that there were significant deficiencies in the Slovak Government’s recently concluded investigation into this matter: conflicts of interest were not adequately addressed; human rights activists and possible victims were threatened with criminal charges for speaking out; investigators failed to evaluate whether consent, when given, was informed; and some Romani women and their lawyers were blocked from accessing their own medical records. The attached memorandum summarizes these shortcomings. Against this backdrop, Deputy Prime Minister Pal Csaky’s assertion that "illegal sterilizations" have not taken place rings hollow, especially as a closer examination of your government’s own reports confirms that some women, including minors, were in fact sterilized without consent. Moreover, such denials detract from the positive steps your government is taking--which we welcome--to implement reforms in the health care system intended to ensure that, in the future, sterilizations are only performed when informed consent is given. Mr. Minister, we hope that your government will indeed press ahead with planned changes to the health care system, as recommended by the Council of Europe’s Commissioner for Human Rights. In addition, we urge you to institute legal changes that will guarantee patients’ rights to their medical records and allow independent expert medical testimony so that individual victims may pursue their cases in court, should they wish to do so. As is the case in every country, including our own, the protection and promotion of human rights requires constant vigilance. To that end, we once again urge your government to adopt and implement comprehensive anti-discrimination legislation, consistent with Slovakia’s commitment in the 1999 Istanbul OSCE Summit Document. Sincerely, CHRISTOPHER H. SMITH, M.C. Chairman BEN NIGHTHORSE CAMPBELL, U.S.S. Co-Chairman BENJAMIN L. CARDIN, M.C. Commissioner HILLARY RODHAM CLINTON, U.S.S. Commissioner JOSEPH R. PITTS, M.C. Commissioner LOUISE McINTOSH SLAUGHTER, M.C. Commissioner ROBERT B. ADERHOLT, M.C. Commissioner ALCEE L. HASTINGS, M.C. Commissioner   Shortcomings of the Slovak Government’s Investigation into Reports of Sterilization without Informed Consent (concluded October 2003) Conflict of interest. In organizing its investigation, the government failed to address the inherent conflict of interest that exists when a government investigates the alleged wrongdoing of its own agents. Although there are no indications that sterilizations without informed consent occurred as a result of a state policy, the state may have been negligent in ensuring that the past practice of targeting Romani women for sterilizations had ceased. In addition, the majority of sterilizations are reportedly performed in public hospitals by medical doctors who are public employees. Documented violations brushed aside. Although government officials have generally denied--particularly in statements to the press--that "illegal sterilizations" were performed, a closer examination of the government’s own reports confirms that 1) some minors were sterilized without parental consent as required; and 2) other women were sterilized without consent based on the mistaken theory that the sterilizations performed at the time of their caesareans were necessary to save their lives. (Revised regulations for conducting sterilizations, still being drafted, would appear to prevent sterilizations being performed under such circumstances in the future.) Failure to determine if consent was informed. In general, the government limited its investigation to the question of whether sterilized women had a signed consent form in their files. While a signed consent form may constitute prima facie evidence of consent, it does not conclusively demonstrate that the consent was informed or voluntary. In fact, a key argument advanced by non-governmental groups was that some forms were signed by Romani women who could not read or understand the forms; who were in advanced stages of labor; who were under sedation for surgery; or who signed the forms because they were given incorrect medical information regarding the necessity of sterilization. In such cases, informed consent was not obtained. Threats of criminal charges against human rights activists and possible victims. Human rights activists who investigated and reported this issue were threatened with criminal charges for "spreading alarming information." Police investigators also threatened possible victims with criminal charges during the course of interrogations supposedly conducted to obtain their testimony regarding sterilizations. The constant threat to bring criminal charges against anyone who alleges that sterilizations had been performed without informed consent cannot be reconciled with the investigation's stated goal of getting at the truth. Access to medical records blocked. In some cases, Romani women and their attorneys were denied access to their medical files. In one case, a hospital refused to comply with two court decrees ordering the hospital to provide access to records. Some doctors have also refused to cooperate with procedural requirements necessary for civil suits to proceed, effectively blocking that possible avenue for redress.

Washington - The United States Helsinki Commission will hold a public briefing concerning police reform efforts in several countries, particularly in Central Asia, the Caucasus and Southeastern Europe. The briefing will feature Richard Monk, the Senior Police Adviser of the Organization for Security and Cooperation in Europe. OSCE Police-Related Activities Monday, October 27, 2003 2:00 PM - 4:00 PM 485 Russell Senate Office Building Police forces play a critical role in society. Utilized in accordance with the rule of law, police provide the stability needed to endure crises, to develop democratic institutions, to prevent the outbreak of conflict and, in some countries, to recover from conflict. Police also stand on the front lines of efforts to combat terrorism. Countries facing major problems--including poverty, organized crime and trafficking in weapons, drugs and human beings--need particularly effective and professional law enforcement agencies. National police forces in many countries, however, suffer from inadequate training and resources to tackle serious criminal activity. Since the 1990s, the OSCE has helped monitor and train police officers, with notable success in Kosovo, southern Serbia and elsewhere in Southeastern Europe. The OSCE's Strategic Police Matters Unit, headed by Richard Monk, is now shifting its focus to Central Asia and the Caucasus, initiating in the summer of 2003 police reform projects in Kyrgyzstan and Armenia with prospects for activity elsewhere in the region. Those implementing reforms face the challenge of introducing concepts like community policing, interviewing/interrogation techniques and crime analysis in countries where police have traditionally been used to repress society and violate human rights, making them part of corrupt and undemocratic political systems. Mr. Monk will address these projects and the challenges police reformers face in various OSCE states. Richard Monk has been the OSCE Senior Police Adviser since February 2002, overseeing the Secretariat's Strategic Police Matters Unit. Formerly a police officer with 35 years of service in the United Kingdom, from March 1998 to March 1999 he was Commissioner of the United Nations International Police Task Force (IPTF), responsible for monitoring and helping to reform police forces in Bosnia and Herzegovina. Prior to his appointment as Senior Police Adviser, Mr. Monk provided expertise to the UK Government, the United Nations, the OSCE and others on international policing matters, peace operations and security issues.

October 20, 2003 The Honorable Colin L. Powell Secretary of State US Department of State Washington, DC 20520 Dear Secretary Powell: We write urging the designation of Saudi Arabia, Turkmenistan and Vietnam as "Countries of Particular Concern" (CPC), as provided by the International Religious Freedom Act. Each has a well-documented record of "particularly severe violations of religious freedom" and are three notable and egregious violators of religious freedom that warrant CPC designation. As President Bush stressed in the National Security Strategy, "freedom is the non-negotiable demand of human dignity." Saudi Arabia represents possibly the worst situation for religious freedom anywhere in the world. In fact, every Country Reports on Human Rights Practices issued by the Department since 1999 and the Annual Report on International Religious Freedom have repeatedly declared "freedom of religion does not exist"in Saudi Arabia. Notably, this extraordinary and accurate assertion is not made for any of the current CPC countries, placing Saudi Arabia in a class of its own. Islam is the official religion of the kingdom. Non-Muslim groups are not allowed to worship in public and risk being detained, imprisoned, tortured, or deported. Conversion from Islam to another religion is considered apostasy and punishable by death. Other Islamic sects outside the Wahhabi order are forbidden and face significant discrimination and harassment. In legal proceedings, judges may discount or reject the testimony of non-Muslims or persons who do not adhere to the "correct" Islamic doctrine. Islamic religious education is limited to Wahhabi Islam and is reportedly anti-Semitic and anti-Israel. Non-Muslim clergy are prohibited from meeting with co-religionists who travel to Saudi Arabia. Catholics and Orthodox Christians who require a priest to receive requisite sacraments are affected in particular. Non-Muslims are not allowed the freedom of expression and the distribution of religious materials such as Bibles is illegal. Muslims or non-Muslims wearing in public religious symbols of any kind risk confrontation with the religious police, the Mutawwa'in. The Mutawwa'in also enforce the Saudi law requiring women to wear the "abaya," a black robe that covers the entire body, along with covering the head and face. Women who do not fully comply with these standards are harassed by the authorities. Freedom of religion does not exist in Turkmenistan, either. Minority religious groups are unable to meet the nearly impossible registration requirements and the National Security Committee breaks up peaceful, unregistered religious meetings in private homes. Groups are denied permission to meet publicly and have no choice but to operate under the threat of harsh reprisals, such as home raids, imprisonment, deportation, internal exile, house eviction and even torture. Even the two registered religious groups, the Russian Orthodox Church and the Sunni Muslim community, are under strict state control with members punished should they dare to speak out. Over the past year there was a marked increase in police action, systematically crushing non-state sanctioned religious communities. Seventh-day Adventists are reportedly forced to conduct baptisms in caves. In April, police banned Baptists from meeting in Balkanabad. In May, authorities raided and closed a meeting of Hare Krishnas in Ashgabad, and law enforcement officers broke up a Baptist Sunday morning service in Turkmenbashi. In June, authorities temporarily detained and heavily fined leaders of a Baptist church ministering to deaf meeting "illegally" in Turkmenabad, and five members of a non-denominational Protestant church in the town of Abadan were fined after a police raid. In Vietnam, Buddhists, Protestants, Catholics and minority groups suffer intense persecution at the hand of brutal communist rulers. In January 2003, the Communist Party's Central Committee issued a resolution calling for the establishment of Party cells within each of Vietnam's six approved religions in order to foil "hostile forces." While all religious groups in Vietnam face great restrictions and suffer some form of persecution, the Montagnard ethnic group has been singled out for persecution largely due to their support of the United States during the Vietnam War. Reportedly, between September 2001 and December 2002, the Government of Vietnam forcibly closed 354 of the 412 churches in Dak Lak province and 56 pastors from the Central Highlands "disappeared." The Unified Buddhist Church of Vietnam (UCBV), the largest religious denomination in the country, has also been declared illegal by the government with its clergy, like Thich Tri Luc, often imprisoned and harassed. Independent Protestants are subjected to particularly harsh treatment by authorities, reportedly including raids on homes and house churches, detention, imprisonment, confiscation of religious and personal property, physical and psychological abuse. Serious restrictions of the Catholic Church's activities have caused a severe shortage of priests; Father Nguyen Van Ly and three relatives have been sentenced for lengthy jail terms. The "systematic, ongoing, and egregious violations" and government policies leading to imprisonment, internal deportations and torture in Saudi Arabia, Turkmenistan and Vietnam certainly meet the criteria outlined in the legislation as "particularly severe violations of religious freedom." Mr. Secretary, in the interest of advancing the cause of freedom, including the right to freedom of thought, conscience, religion or belief, we strongly urge you to uphold human dignity by exercising your authority and designating Saudi Arabia, Turkmenistan, and Vietnam as countries of particular concern. Sincerely, Benjamin L. Cardin, M.C. Christopher H. Smith, M.C. Russell D. Feingold, U.S.S. Ben Nighthorse Campbell, U.S.S. Saxby Chambliss, U.S.S. Sam Brownback, U.S.S. Frank R. Lautenberg, U.S.S. Don Nickles, U.S.S. Ileana Ros-Lehtinen, M.C. Frank R. Wolf, M.C. Robert B. Aderholt, M.C. Elton Gallegly, M.C. Eliot L. Engel, M.C. Edward J. Markey, M.C. Jerrold Nadler, M.C. Dana Rohrabacher, M.C. Jo Ann Davis, M.C. Zoe Lofgren, M.C. Carolyn B. Maloney, M.C. Trent Franks, M.C. Jim Davis, M.C. Betty McCollum, M.C. Joseph Crowley, M.C. Nick Lampson, M.C. Max Sandlin, M.C. Richard H. Baker, M.C. Shelley Berkley, M.C. James P. McGovern, M.C. Loretta Sanchez, M.C. Eleanor Holmes Norton, Delegate Lincoln Davis, M.C. Karen McCarthy, M.C. W. Todd Akin, M.C. Elijah E. Cummings, M.C.

Washington - United States Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) recently held a teleconference to discuss Azerbaijan's upcoming presidential election. The October 7 teleconference included Azerbaijani opposition politicians, human rights activists, the Council of Europe's Rapporteur on Azerbaijan and the head of the OSCE's Election Observation Mission in Azerbaijan. The OSCE has criticized the exclusion of several opposition politicians and harassment of registered opposition candidates trying to meet with voters and hold rallies. "The October 15 election will mark a historic transfer of power in a country of strategic importance to the United States," said Chairman Smith. "With President Heydar Aliev now officially out of the running, it is critically important for improved government-opposition relations and Azerbaijan's overall stability that the election be free and fair. For that reason, reports of official intimidation of opposition candidates and violent dispersal of opposition rallies are a source of serious concern." Rasul Guliev of the Azerbaijan Democratic Party (ADP), who was not registered to run, was in Washington with Chairman Smith. Calling from Baku were: Sulhaddin Akber, representing candidate Isa Gambar; Ilgar Mamedov, for candidate Etibar Mamedov; Asif Mahmudov and Vidadi Mahmudov, opposition members of Azerbaijan's Central Election Commission; Sardar Jalal-oglu of the ADP; and human rights activists Leyla Yunus and Arzu Abdullaeva. They chronicled efforts by Azerbaijan's Government to keep voters from meeting with opposition candidates and to pressure them to support the candidate of the ruling party. Also calling in were Andreas Gross, a Swiss parliamentarian who is the Council of Europe's Rapporteur on Azerbaijan, and Peter Eicher, who heads the OSCE's Election Observation Mission in Azerbaijan. They concurred that some opposition politicians had not been registered for unconvincing reasons and that opposition candidates on the ballot have encountered difficulties in meeting with voters and campaigning effectively. Mr. Eicher noted that the process of candidate registration was "procedurally and substantively flawed." On October 4, a State Department Spokesman noted that election roundtables are being televised, NGO-funded training of election workers is underway and domestic monitors are being credentialed. However, the spokesman also noted the harassment and violence directed against opposition and human rights activists: "We call on Azerbaijan to fulfill its responsibilities for the safety of its citizens and the safeguarding of their rights, including the right of assembly." Chairman Smith voiced regret that Azerbaijan's Government had declined an invitation to present its perspective on these assessments. "It is also very unfortunate that Baku has not invited the National Democratic Institute (NDI), which has been working with pro-government and opposition parties in Azerbaijan for years, to observe the election." Smith added that stability in Azerbaijan depends on the emergence of genuinely democratic institutions. "In the immediate term, it is essential that the October 15 contest meet OSCE standards. Based on what I heard in my conversation, that will require a major improvement over what we have seen so far. We will be closely following events in Azerbaijan."

Head of U.S. Delegation OSCE Parliamentary Assembly Conference on Religious Freedom October 9-10, 2003 Roundtable on Religious Freedom and Democracy Anyone with even a cursory understanding of U.S. history knows that the United States was founded as a safe haven--a place of destination--for millions yearning to live free from the crushing yoke of religious persecution and intolerance. Over the two centuries of our independence--and for far more than a century prior to that--Americans have sought to protect, shield and safeguard the exercise of religious belief from unwarranted and intrusive government interference. One exemplary feature enshrined in U.S. law, at local, state and federal levels, is the consistent legal concept that no one can legally discriminate against anyone in terms of educational opportunity, employment, or housing due to one's faith or religion or creed. An offended party--say someone who has been denied a job or access to education because of their religion--has recourse in our courts to hold the offending party to account. And each law prescribes appropriate penalties to compel compliance. The protection in law and in practice of religion contained in the U.S. is not without blemish or flaw, however, but is an ongoing work in progress. And even good laws without adequate enforcement can become mere words. Nevertheless, religious liberty, in my view, is the single most tangible reason why America has prospered in so many ways. Our strength isn't in our military might or even in our economy but in our collective faith. Moreover, this noble experiment in church freedom has produced enormously beneficial consequences and blessings. Indeed, strong families, ethnic and religious diversity and the zeitgeist of our people who, having tasted religious freedom, fully expect and demand all the other mutually reinforcing human rights, like speech and assembly. Because the religious freedom Americans enjoy is largely inherited, I can only guess how difficult it must be for victims that have no such legacy to transform themselves from persecutor to protector of religious liberty. My generation of Americans was bequeathed a wonderful gift by our forefathers--a gift to preserve and strengthen. You who have endured dictatorships have an opportunity to leave your children a great gift and they indeed will bless you for it. Mr. President, during my first term in Congress in 1981, both my wife and I read a powerful book entitled "Tortured for Christ" by Pastor Richard Wurmbrand of Romania. For his faithfulness to the Gospel of Jesus Christ, Pastor Wurmbrand was incarcerated for more than a dozen years and subjected to unthinkable torture, deprivations and other horrors. Yet he--andnd countless brave souls in Romania and in other dictatorships--not only endured but overcame hate with agape love. They radiated the love of Christ to those who mocked and hated them, thus overcoming evil with good, and their good example continues to inspire and astonish. For me, Pastor Wurmbrand's admonishment to the free believers in the West to speak out for the persecuted church was a direct challenge that simply could not be dismissed, wished away or trivialized. As some of you know, I am very active in a broad spectrum of human rights causes--from ending human trafficking, to protection of unborn babies from the violence of abortion, to refugee protection, to laws designed to end violence against women and condemnation of anti-Semitism. Why do this? Because of the moral imperative--a divine invitation--to be our brother and sister's keeper. For me, my commitment springs from my Catholic faith--but it is clear this elemental teaching can be found in all the world's great religions and compels us to treat the disenfranchised and weak with compassion. My motivating scripture is Matthew 25. Jesus said, "Whatever you do to the least of my brethren, you do likewise to me." I, like every parliamentarian in this room, occupies a strategic position to alleviate suffering and pain which imposes on us an awesome responsibility to act. A few years ago, a group of us in the U.S. created a new law entitled the "International Religious Freedom Act." The uninformed cynic would argue that we should not mettle in other nation's affairs. Some say to intervene is to be a nuisance. Some say we are arrogant. Let me note here none of these criticisms could be further from the truth. We did it (just as I wrote America's anti-trafficking in persons law), because human rights are universal and cannot be abridged by selfish and cruel policies. We took bold action because we were inspired to act by brave individuals like Pastor Richard Wurmbrand of Romania, Alexander Solzhenitsyn of Russia, Armando Valladares of Cuba, Yuri Kosharovsky or Natan Sharansky, and Bishop Su of China. They never quit nor tired in their opposition to tyranny. Can anyone of us do less? Especially when we are the lawmakers? The International Religious Freedom Act, like the anti-human trafficking law, with its extensive annual reports, intense scrutiny and sanctions, is a major irritant in the smooth conduct of everyday foreign policy. No apology should ever be made, however, for speaking truth to power, especially in defense of the innocent. Real respect for individuals and nations requires genuine honesty, which diplomatic niceties often obscure and crowd out. Real friends do not let their friends commit human rights abuses. The International Religious Freedom Act created two new entities, one private and one governmental, the Commission on International Religious Freedom and the U.S. State Department Office of International Religious Freedom. They were created in the hope that the country by country analysis of the state of religious freedom would be accurate and the implementation of action plans would lead to reform. A new Ambassador at Large for Religious Freedom was created by the Act and the designation of "Country of Particular Concern" (CPC) was also established for those states whose religious repression is "systematic, ongoing and egregious," which includes torture, or cruel, inhumane or degrading treatment or punishment. Current CPC countries include China, for its gross mistreatment of Tibetan Buddhists, the Uighers, Christians and Falun Gong, as well as Burma, Iran, Iraq, North Korea and Sudan. Based on their poor record, Saudi Arabia, Vietnam and Turkmenistan are other possible CPC nations. I think it is important to note that we wrote both the trafficking law and the religious freedom law in a way to foster, encourage and provide technical assistance to enable nations to matriculate from abusers to guarantors of human rights. So, let this OSCE PA Conference on Religious Freedom be a call to action for each of us in our home countries to share and conform with internationally recognized norms and to rid our lands of religious persecution and intolerance. As parliamentarians, let us work hard to enact new, enlightened laws to safeguard the right of religion and conscience. Let us use our strategic position to investigate, ask tough questions back home, visit incarcerated believers, and press for an end to repression. One man or woman with conviction is worth a thousand with an interest. Colleagues, we are the lawmakers, let's make wise laws together, laws that will make a positive and sustainable difference.  

Washington--The United States Helsinki Commission will hold a briefing on the human rights situation in each of the six "Mediterranean Partners for Cooperation" states of the Organization for Security and Cooperation in Europe. Democracy and Human Rights in the Mediterranean Partner States of the OSCE Friday, October 3 1:00 PM - 3:00 PM 2255 Rayburn House Office Building Panelists: Joe Stork, Washington Director of the Middle East and North Africa division, Human Rights Watch Karen Hanrahan, Director of Advocacy for Middle East and North Africa, Amnesty International Frank Smyth, Washington representative, Committee to Protect Journalists Since its inception, the Conference, now, Organization for Security and Cooperation in Europe has included a Mediterranean dimension. Algeria, Egypt, Israel, Jordan, Morocco, Tunisia are currently designated as Mediterranean Partners for Cooperation, a special status similar to that of observer status in other multilateral organizations. Lebanon, Libya, and Syria had status in the OSCE through the mid-1990s. As "Partners" none of the countries is obligated to implement the extensive body of OSCE human rights commitments contained in the Helsinki Final Act and other documents. Representatives of these countries may attend Council of Minister meetings, review conferences, regular meetings with the Troika and, on a case-by-case basis, to seminars and other ad hoc meetings in which they have an interest. The Commission briefing will take place in advance of the OSCE Parliamentary Assembly's Forum on the Mediterranean to be held in Rome, Italy, on October 11. One of the sessions at the Rome Forum will be devoted to democracy and human rights. Experts will assess democratic developments and human rights in the Mediterranean Partners.

September 12, 2003 The President The White House Washington, DC 20500 Dear Mr. President: As you prepare to meet with Russian President Vladimir Putin at Camp David later this month, we urge you to raise several issues regarding the ongoing humanitarian tragedy in Chechnya. Today, the most egregious violations of international humanitarian law in the OSCE region are occurring in that region of Russia. We wholeheartedly support the U.S. efforts to work with the Government of the Russian Federation on the host of important issues facing our two nations, and we welcome the increased cooperation with Russia to confront the challenges of terrorism. Nevertheless, the charge of terrorism must never be used as a blanket rationalization for flagrant and massive abuse of Chechnya's civilian population. Indeed, a fundamental tenet of humanitarian law is that the means of warfare are not unlimited. In their drive to suppress Chechen separatism, elements of the Russian military, security organs and police forces have employed brutal means and virtually guaranteed to drive a despairing civilian population into the arms of a radicalized resistance. The Moscow-supported authorities in Chechnya have themselves confirmed that there are 49 known mass graves in Chechnya containing about three thousand bodies. According to the respected human rights organization "Memorial," in the first three months of this year representatives of Russian federal forces abducted 119 persons; last year in the same time period this figure amounted to 82 persons. We urge you to encourage President Putin to invite the International Commission on Missing Persons to assist in resolving the thousands of missing persons cases. Numerous military and paramilitary units have been particularly distinguished by brutality toward the civilian population. Such units should be withdrawn from Chechnya and those responsible for egregious human rights violations should face criminal charges. To date, the Russian military and judicial system has yet to demonstrate its commitment to seriously address this problem. Despite the precarious security environment in Chechnya, the Russian Government is implementing a policy of forced repatriation of thousands of internally displaced persons who have fled to neighboring Ingushetia. This summer displaced Chechens, including those in the Askanovskie Garazhi temporary settlement and the Bella Camp, have reportedly been subjected to intense pressure by government officials to immediately return to Chechnya or face a loss of humanitarian aid, or worse. UNHCR reports that more than 1,500 people have left under questionable circumstances since January. In keeping with the 1999 OSCE Charter for European Security, under which the Russian Federation agreed to "facilitate the voluntary return of refugees and internally displaced persons in dignity and safety," we urge you to seek President Putin's assurance that coercive repatriation will cease, IDPs will be permitted to remain in the relative secure environs of the Ingush IDP camps, and humanitarian relief groups will be allowed to provide aid to IDPs in the region. One of the characteristics of Russia's policy in Chechnya has been to cut off the region from outside observers such as press, human rights organizations and representatives of many international organizations. Visits that are allowed to occur are infrequent and heavily monitored by government officials. To paraphrase President Reagan, Mr. Putin should "tear down the wall" and allow reasonable access to Chechnya by interested observers. Finally, we would call attention to the continued disappearance of Arjan Erkel, a Dutch national and employee of the Nobel Peace Prize-winning humanitarian organization Doctors Without Borders. Mr. Erkel was kidnaped over a year ago in Dagestan, and there is reliable evidence that he is still alive. We hope you will join the many voices of the international community calling upon President Putin to see that every appropriate measure is taken by Russian authorities to locate and free Mr. Erkel. Mr. President, we have no illusions about certain elements of the Chechen resistance who have murdered hostages, kidnaped civilians for ransom and used them as shields during combat operations, and embarked on a campaign of assassination against innocent citizens of Russia as well as fellow Chechens who work for the Russian civil government in Chechnya. We know that some individuals or factions of the resistance have been linked to international terrorist organizations. They should be brought to justice, wherever they are and whomever they serve. In conclusion, Mr. President, we strongly urge you to raise these important issues in your upcoming talks with President Putin given the gravity of the situation in Chechnya. Sincerely, Ben Nighthorse Campbell, U.S.S. Co-Chairman Christopher H. Smith M.C. Chairman Russell D. Feingold, U.S.S. Commissioner Benjamin L. Cardin, M.C. Ranking Member

Washington - The United States Helsinki Commission will hold a hearing on the situation and future prospects in Russia's war-torn region of Chechnya, in anticipation of upcoming talks this month between President George W. Bush and Russian President Vladimir Putin. Chechnya: Current Situation and Prospects for the Future Tuesday, September 16, 2003 1:30 PM - 3:30 PM 334 Cannon House Office Building Witnesses: Ambassador Steven Pifer, Deputy Assistant Secretary of State, Bureau of European and Eurasian Affairs Lord Frank Judd, Member, British House of Lords; former Council of Europe Parliamentary Assembly Rapporteur on Chechnya Anna Politkovskaya, Moscow journalist; recipient of 2002 OSCE Prize for Journalism and Democracy for reporting from Chechnya Dr. Robert Bruce Ware, Associate Professor, Southern Illinois University The Russian Government has declared the "counterterrorism operation" in Chechnya over. But the conflict in the secessionist region continues to take its toll in combatant and non-combatant deaths and disappearances. According to the State Department's Country Reports Human Rights Practices for 2002, "the indiscriminate use of force by government troops in the Chechen conflict has resulted in widespread civilian casualties and the displacement of hundreds of thousands of persons, the majority of whom sought refuge in the neighboring republic of Ingushetiya." The Russian Government continues to coerce many internally displaced persons to return to the war zone. Hundreds of Chechens have disappeared. According to the Moscow-based human rights organization, Memorial, in the first three months of this year, Russian federal forces abducted 119 people. The United States Government has determined that some elements of the Chechen resistance are linked with international terrorism, while at the same time calling for accountability for human rights abuses committed by both sides. Elections for President of Chechnya as part of the Russian Federation are scheduled for October 5, 2003.

In Advance of OSCE Human Rights Meeting and Ministerial Washington - The United States Helsinki Commission will hold a hearing to examine U.S. policy toward the Organization for Security and Cooperation in Europe (OSCE). U.S. Policy Toward the OSCE Tuesday, September 9, 2003 1:00 PM - 3:00 PM 334 Cannon House Office Building Testifying: The Honorable A. Elizabeth Jones, Assistant Secretary of State for European and Eurasian Affairs The Honorable Lorne W. Craner, Assistant Secretary of State for Democracy, Human Rights, and Labor This hearing will examine U.S. policy in a critical region of the world and Washington's relations with the OSCE--the largest regional organization encompassing all of Europe, the former Soviet Union, the United States and Canada. At the heart of OSCE is the explicit and implicit connection between security, democratic values and human rights. The hearing will address specific human rights concerns, including the ongoing conflicts in Chechnya and the Caucasus, the deteriorating situation in Belarus, and the dismal human rights climate in Central Asia, as well as initiatives to fight human trafficking, combat anti-Semitism and related violence, and stem international crime and terrorism. The hearing takes place as the United States prepares for the main OSCE human rights meeting to take place in Warsaw, Poland beginning in early October. Since the end of the Cold War, the OSCE has evolved into a singular instrument for advancing U.S. foreign policy goals in Eurasia, including the promotion of the principles of democracy, human rights and the rule of law. It remains the only pan-European forum for military-security negotiations.

Washington - Bulgaria's Law on Religions is "out of step" with the country's human rights agreements to respect religious freedom, according to a report released today by the United States Helsinki Commission. The report highlights sections of the Law on Religions which need further evaluation and legislative refinement, and suggests ways to bring the law into conformity with Bulgaria's human rights commitments since becoming a party to the Helsinki Accords. "As Bulgaria prepares to assume the chairmanship of the Organization for Security and Cooperation in Europe in January, it is troubling that the religion law fails to fulfill all OSCE commitments on religious freedom," said Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ). "I sincerely urge my Bulgarian counterparts to seriously consider the recommendations in this report." Complications with administering the registration process under the new law have reportedly led to the denial of visas for two Catholic religious orders. Concerns also exist about the preferential treatment given the Bulgarian Orthodox Church and how that will impact other religious communities. For instance, the law automatically registers the Bulgarian Orthodox Church, thereby forcing the other religious communities to complete the registration process. Registration is critical, as the law ties property ownership rights to legal personality. The Law on Religions passed the Bulgarian National Assembly on December 20, 2002. In an apparent rush to approve the legislation, certain religious communities were reportedly overlooked for consultations during the hurried drafting process. The Bulgarian Constitutional Court reviewed the law on July 15, 2003. Six of the court's twelve judges ruled against the Law on Religions and five in favor. Under Bulgarian law, seven judges must rule against a law for it to be overturned.

WASHINGTON – United States Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) today welcomed the proposed increased protections for free speech in the Romanian Government’s draft penal code. Smith called on Romania’s parliament to pass the bill into law and urged other countries to take similar steps to protect freedom of speech. “I have been heartened by the many positive changes that have taken place in Romania since the fall of Ceausescu and disappointed by the many squandered opportunities to implement more meaningful reforms,” said Smith. “In particular, I have long urged all post-communist governments to repeal insult and criminal defamation laws.” On May 21, 2003, the Romanian Government proposed a new penal code that would do just that – repeal insult and criminal defamation laws. “Romanian parliamentarians now stand at an important crossroads, and I hope they will expeditiously pass these proposed changes into law,” Smith said. “Doing so will likely lead to significant improvements for Romanians and will serve as a positive example that I hope other countries, such as Armenia, will follow.” The proposed penal code would make the following changes: Article 205 of the existing criminal code, which punishes insult by up to two years in prison, would be repealed. Article 206, which makes defamation punishable by up to three years in prison, would become Article 217; however it would only be punishable by a fine. Article 236, which makes defamation of national symbols, the country or the nation punishable by up to three years in prison, would be repealed. Article 238, which makes insult or defamation of public officials punishable by up to seven years in prison, would be repealed. Article 239, which makes "outrage" by insult or defamation of public authority punishable by up to seven years in prison, would be renumbered Article 314 and the scope of the offense narrowed to threats or violence.

WASHINGTON - In observance of the International Day in Support of the Victims of Torture, United States Helsinki Commission Chairman Rep. Christopher H. Smith (R-NJ) called for intensified efforts to prevent and punish torture as well as meaningful support for the survivors of torture. “The recent deaths of Orif Ershanov and Otamaza Gafaro at the hands of Uzbekistan officials are the latest cases to underscore that preventing torture is truly a matter of life and death,” said Chairman Smith. “But while we work to eradicate torture, we must not forget those who have already become its victims.” “While the United States has consistently spoken out forcefully against the use of torture around the world, serious questions have been raised suggesting U.S. complicity in torture as part of the war against terrorism,” said Helsinki Commission Co-Chairman Senator Ben Nighthorse Campbell (R-CO). In February, Smith, Campbell and four other Helsinki Commission Members wrote to the White House urging an investigation of “serious allegations that the United States is using torture, both directly and indirectly, during interrogations of those suspected of terrorism.” Against this backdrop, Co-Chairman Campbell urged the Administration to “issue a forthright statement on torture.” “Amnesty International has issued a number of recommendations to help end torture,” continued Smith. “They are remarkably straightforward and easy to grasp: officials at the highest level should condemn torture; governments should ensure access to prisoners; secret detentions should be prohibited; and confessions obtained through torture should be excluded from evidence in the courtroom. . . . At the OSCE Parliamentary Assembly’s Annual Session two years ago, I introduced a resolution, passed by the Assembly, that built on these basic concepts.” Smith also drew attention to the Torture Victims Reauthorization Act, H.R. 1813, which would reauthorize funding for torture victims’ treatments centers domestically and abroad. “The lives of torture survivors can never be the same,” Smith added. “But with treatment, victims have the hope of becoming stable and productive members of their communities.” In the 1999 OSCE Istanbul Charter, the OSCE participating States committed themselves to “eradicating torture and cruel, inhumane or degrading treatment or punishment throughout the OSCE area. To this end, we will promote legislation to provide procedural and substantive safeguards and remedies to combat these practices. We will assist victims and cooperate with relevant international organizations and non-governmental organizations, as appropriate.”

Prosecutor’s Action a “Tremendous Setback for Counter-Trafficking Efforts” NOTE TO EDITORS: Human trafficking – sometimes called trafficking in persons – involves buying, selling, and transporting human beings into the commercial sex industry, forced labor or other slavery-like conditions. WASHINGTON - United States Helsinki Commission Co-Chairman Rep. Christopher H. Smith (R-NJ) today expressed outrage that criminal charges were dropped against four men in Montenegro, including a deputy state prosecutor, in a human trafficking case in which a Moldovan woman was raped, tortured and severely beaten for more than three years while enslaved in prostitution. The prosecutor dropped the charges in a case many believe could have exposed corrupt, high-level government officials’ involvement in human trafficking. Co-Chairman Smith indicated that an attempted cover-up may negatively affect Montenegro’s standing if the Government’s respect for the rule of law is deficient. “A woman was physically brutalized and emotionally traumatized for the profit and gain of criminal thugs,” said Smith. “She will suffer for the rest of her life. That no one will be held accountable for this barbarity is outrageous. The municipal court prosecutor’s decision to drop all charges in this case is a clear denial of justice.” The trafficking victim, known publicly as S.C., was allegedly held against her will for more than three years in various locations throughout Serbia and Montenegro. She was forced to perform sexual and other services for a multitude of clients, including her traffickers. While captive, S.C. was beaten, burned, drugged, raped and sexually abused. After attempting several times to escape from her traffickers, S.C. managed to obtain refuge in a safe house in October 2002. The prosecutor claims a lack of evidence, conflicting statements and other problems necessitated dropping the charges. Prosecuting human trafficking cases is difficult anywhere, given the level to which criminals will stoop to cover their crimes. But, instead of allowing this case to go to trial where the evidence could be examined by a court of law, Montenegrin officials contributed to verbal attacks against the victim through the press and suggested the case was fabricated for political purposes. Now these same officials appear content to see the case disappear. “The manner in which this was handled makes me highly suspicious that the authorities ever intended for the case to see the light of day,” Smith said. “Montenegro’s image abroad suffers if the handling of this case reveals a lack of respect for the rule of law among government officials.” Despite poor physical health and the emotional trauma of being trafficked, the victim cooperated with police and investigators, placing herself and her family at risk. “The failure of the judiciary to conduct an open, transparent, and fair trial is a tremendous setback for counter-trafficking efforts in Montenegro and beyond,” Smith said. “This decision could discourage other trafficking victims from coming forward with information leading to the prosecution and conviction of other human traffickers,” stated Smith.

WASHINGTON - The United States Helsinki Commission will hold a hearing to highlight the plight of internally displaced persons (IDPs) in the north Caucasus region of the Russian Federation, Azerbaijan, Georgia and southeastern Turkey. Hundreds of thousands of individuals are displaced in refugee-like situations and remain unable to safely return home. Internally Displaced Persons in the Caucasus Region and Southeastern Anatolia Tuesday, June 10, 2003 2:00 PM – 4:30 PM 334 Cannon House Office Building Witnesses: Dr. Francis Deng, Representative of the UN Secretary-General on Internally Displaced Persons Roberta Cohen, Co-Director, Brookings-SAIS Project on Internal Displacement Gabriel Trujillo, Head of Mission, Doctors Without Borders - Russian Federation Maureen Lynch, Director of Research, Refugees International Jonathan Sugden, Researcher, Europe and Central Asia Division, Human Rights Watch   The north Caucasus region of the Russian Federation, Georgia, Azerbaijan, and Turkey represents the greatest concentration of IDPs anywhere in the 55-nation Organization for Security and Cooperation in Europe (OSCE). As the current prospects for significant numbers of individuals returning home in safety and dignity seem remote, the hearing will bring additional attention to these protracted situations. The hearing will address the conditions faced by IDPs in the Caucasus region and southeastern Anatolia (Turkey), with experts assessing the situation on the ground as well as steps that relevant governments need to take to create safe conditions for IDPs to return. Particular attention will be given to recommendations on how U.S., OSCE and UN policy can encourage and assist these governments in finding just, realistic and durable solutions to the plight of IDPs.

WASHINGTON- Following the lead of the United States Helsinki Commission, 35 Members of the United States Congress have written President George W. Bush, urging him to use the upcoming Group of 8 (G-8) summit in France to draw attention to a resurgence of anti-Semitism and related violence throughout Europe and the United States. “As the G-8 summit provides a timely opportunity to address political as well as economic issues facing societies represented and the wider international community, we respectfully urge you to raise this matter of mutual, international concern, and seek a joint commitment to work closely together to counter this disturbing trend,” the Members wrote. “The G-8 summit provides an important and extraordinary occasion for leaders to discuss international issues of the day, and we hope you will take the opportunity to set anti-Semitism as an international priority,” the Members added. Signing the letter to President Bush were Helsinki Commission Co-Chairmen Senator Ben Nighthorse Campbell (R-CO) and Rep. Christopher H. Smith (R-NJ), Ranking Members Senator Christopher J. Dodd (D-CT) and Rep. Steny H. Hoyer (D-MD), Commissioners Senator Gordon Smith (R-OR), Senator Saxby Chambliss (R-GA), Senator Hillary Rodham Clinton (D-NY), Rep. Zach Wamp (R-TN), Rep. Robert B. Aderholt (R-AL), Rep. Benjamin L. Cardin (D-MD), Rep. Alcee L. Hastings (D-FL). Other Members signing were Senator Barbara A. Mikulski (D-MD), Senator Jim Bunning (R-KY), Senator Bill Nelson (D-FL), Senator Evan Bayh (D-IN), Senator Larry E. Craig (R-ID), Senator Byron L. Dorgan (D-ND), Senator Mitch McConnell (R-KY), Senator Frank R. Lautenberg (D-NJ), Senator Dianne Feinstein (D-CA), Rep. Barbara Lee (D-CA), Rep. Joseph Crowley (D-NY), Rep. Jo Ann Davis (R-VA), Rep. Gary L. Ackerman (D-NY), Rep. Timothy J. Ryan (D-OH), Rep. Carolyn B. Maloney (D-NY), Rep. Brad Carson (D-OK), Rep. Eliot Engel (D-NY), Rep. Martin Frost (D-TX), Rep. Joseph M. Hoeffel (D-PA), Rep. Henry A. Waxman (D-CA), Rep. Jim Saxton (R-NJ), Rep. Betty McCollum (D-MN), Rep. Nita Lowey (D-NY), and Rep. Edward J. Markey (D-MA). A joint, public commitment from the political leaders, reflected in the summit communique, will bolster further efforts to eradicate anti-Semitism and deliver an unmistakable message to those who would promote bigotry and hatred, according to the letter. The full text of the letter may be accessed through the Helsinki Commission’s Internet web site, www.csce.gov. “We fully understand the problem, as the United States is not immune from sporadic acts of vandalism and violence against members of the Jewish community and their institutions,” the Commissioners wrote. “With your leadership we are confident that a strong and vigorous coalition will be formed to fight anti-Semitism.”