Chairman Wicker Questions SACEUR about Russian Activity, OSCEThursday, March 23, 2017
WASHINGTON – Helsinki Commission Chairman Senator Roger Wicker (MS), a senior member of the Senate Armed Services Committee, today questioned Gen. Curtis M. Scaparrotti, Commander, U.S. European Command / Supreme Allied Commander, Europe, about ongoing Russian activities in the European region. Chairman Wicker discussed the Organization of Security and Cooperation in Europe’s (OSCE) mission monitors on the ground in Ukraine, as well as the organization’s work to provide an accurate depiction of activities and compliance with international treaties. He also asked about Russian “snap” military exercises and whether or not those actions are in line with agreements currently in place. Gen. Scaparrotti stated that there is reason to be concerned about Russian activity trends in the Arctic and North Atlantic regions, as they are more aggressive and are expanding their posture in the area. He went on to recommend that the U.S. reestablish Cold War deterrence practices in the region.
Chairman Wicker Highlights Importance of OSCE Mission in Stabilizing EuropeTuesday, March 21, 2017
At a March 21 U.S. Senate Armed Services Committee (SASC) hearing on “U.S. Policy and Strategy in Europe,” Helsinki Commission Chairman Senator Roger Wicker underlined his commitment to Ukraine’s future and highlighted the importance of the mission of the Organization for Security and Cooperation in Europe (OSCE). “The more Ukraine succeeds, the better off it is for us in the United States and the West, and I think it is one of the most profoundly important issues that we face in the next year or two,” stated Senator Wicker, who also serves as a senior member of SASC. Praising the OSCE’s monitoring mission in Ukraine as providing the “international community’s eyes and ears in the conflict zone,” Chairman Wicker underlined the challenges facing the consensus-based OSCE in addressing the increased aggression in Europe by Russia, one of its participating States. Citing the fundamental “Helsinki principles” on which the OSCE is based, Senator Wicker pressed a panel of experts for their views on the continued value of the OSCE. Ambassador William J. Burns, former U.S. Deputy Secretary of State who also served as U.S. Ambassador to Russia, stated that despite the OSCE’s limitations, the organization has continuing value. “It embodies some of the core values that we share with our European allies and partners in terms of sovereignty of states and the inviolability of borders—so that the big states don’t just get to grab parts of smaller states, just because they can,” he said. Burns further called for continued U.S. investment in the OSCE. Former NATO SACEUR General Philip M. Breedlove, USAF (Ret.), suggested that the Special Monitoring Mission in Ukraine was a particularly valuable expression of the OSCE’s work, underlining that “…with some of the fake news that was created in the Donbass and other places as Russia invaded, even though OSCE was challenged … often, [the monitoring mission] was the source of the real news of what was actually going on on the ground.” Ambassador Alexander R. Vershbow, former Deputy Secretary General of the North Atlantic Treaty Organization who also served as U.S. Ambassador to Russia, stated that the OSCE remains valuable, despite the challenges inherent in Russian actions, “…because of the norms and values that it upholds – even though the Russians are violating a lot of those right now – it gives us a basis on which to challenge their misbehavior.” Praising the Special Monitoring Mission in Ukraine as “very courageous,” Vershbow underlined that while the OSCE faces serious limitations, “I don’t see any alternative right now in trying to manage a conflict like in Eastern Ukraine.”
Chairman Wicker Meets With Russian Opposition Leader Vladimir Kara-MurzaFriday, March 17, 2017
WASHINGTON – Helsinki Commission Chairman Senator Roger Wicker (MS) met this week with Vladimir Kara-Murza, a Russian journalist, politician, and longtime critic of President Vladimir Putin. Last month, Kara-Murza was mysteriously and suddenly stricken ill and hospitalized in Moscow – leading many to believe that he had been poisoned for the second time in less than two years. His story was recently aired on CBS’s “60 Minutes.” “Vladimir’s perseverance for an open, free, and democratic Russia is inspiring,” Chairman Wicker said. “I am proud to call him a friend, and I am confident that he will continue his work to highlight that cause from anywhere in the world.”
Baltic War Game Scenario Plays Out at Helsinki CommissionFriday, March 10, 2017
On March 3, 2017, U.S. Helsinki Commission staff, joined by Congressional staff from various offices, took part in an interactive, informal simulation led by the RAND Corporation, which demonstrated RAND’s research on the shape and probable outcome of a near-term hypothetical Russian invasion of the Baltic states. The meeting followed the Commission’s December 2016 briefing, Baltic Security After the Warsaw NATO Summit, where RAND expert Michael Johnson presented the research and war-game approach exploring how a hypothetical Russian invasion of the Baltics would actually play out tactically. During the event, Johnson and his team not only described their research but also demonstrated the advantages of the flexible platform of physical simulation in such a context. Attendees were able to “play out” military deployments on both sides of the board, representing both Russian and NATO forces. Using a physical model – as opposed to a digital platform – allowed attendees to pose hypothetical scenario-based questions to one another and to the RAND team, and to explore the defense outcomes on a representative military theater. The RAND simulation demonstrated that, under current NATO postures, Russian forces would be likely to be able to take the capitals of all three Baltic States in 60 hours or less. More information on the war-gaming research by Michael W. Johnson and David A. Shlapak can be found in their report, Reinforcing Deterrence on NATO’s Eastern Flank: Wargaming the Defense of the Baltics (2016).
Helsinki Commission Chairman Wicker Comments on Poisoning of Pro-Democracy Russian Activist, Fighting in UkraineWednesday, February 08, 2017
WASHINGTON–Helsinki Commission Chairman Sen. Roger Wicker (MS) today issued the following statement regarding the recent acts of aggression perpetrated by the Russian government: “In today’s Russia, there is a disturbing trend of violence that targets members of the political opposition. I am particularly concerned about Vladimir Kara-Murza, who is fighting for his life in a Moscow hospital after being poisoned. Mr. Kara-Murza has appeared at multiple Helsinki Commission events and is a tireless advocate for restoring democratic freedoms to the Russian people. The United States should have no illusions about the nature of the Russian regime. “Meanwhile, fighting in eastern Ukraine continues to spread. Last week, the OSCE’s Special Monitoring Mission to Ukraine reported the heaviest fighting since combined Russian-separatist forces captured Debaltseve in January 2015. The OSCE Parliamentary Assembly has repeatedly condemned Russia’s ‘clear, gross, and uncorrected’ violations of OSCE principles with respect to Ukraine. “I stand with UN Ambassador Nikki Haley in condemning the escalation of violence. Russia should respect the sovereignty and territorial integrity of Ukraine.” Vladimir Kara-Murza has a longstanding relationship with the Helsinki Commission. He first appeared at a Helsinki Commission briefing in 2011. He testified at a Helsinki Commission hearing on Russia in 2015 and briefed Commission staff before the 2016 Russian parliamentary elections.
The Helsinki Commission, Forty Years Ago and TodayTuesday, February 07, 2017
Spencer Oliver saw the foundation of the Helsinki Commission as its first Chief of Staff, from 1976 to 1985. After subsequent service as Chief Counsel at the House Foreign Affairs Committee, he served as the first Secretary General of the OSCE Parliamentary Assembly from October 1992 to December 2015. Spencer Oliver, a personal witness to the diplomacy that brought trans-Atlantic relations from the Cold War era to the present, recently paid a visit to the Helsinki Commission offices he first opened in 1976. After a nine-year tenure as the Commission’s first Chief of Staff, Mr. Oliver remained involved with the Helsinki Process through his subsequent career in the Congress and at the OSCE Parliamentary Assembly. Mr. Oliver gave a short interview on the Commission’s accomplishments over four decades, and prospects for the future. Before the establishment of the Helsinki Commission in 1976, Oliver observed, “human rights were not really a component of U.S. foreign policy. It was the Commission that made a strong effort for President Carter to make human rights a definite element in his foreign policy portfolio.” He recalled a private foreign policy strategy meeting in the fall of 1976 with then-candidate Jimmy Carter’s foreign policy team. Then-Helsinki Commission Chairman Dante B. Fascell, a U.S. Representative from Florida, made a pitch about why human rights should be on Carter’s agenda. Senator Hubert Humphrey, a very close friend and advisor to Carter, slammed his hand on the table and said, “By golly, Dante’s right! Human rights ought to be one of the principal pillars of the Carter foreign policy!” After Carter took office, Chairman Fascell and his staff, including Mr. Oliver, met with the new President’s Secretary of State, Cyrus Vance, to discuss a plan to make human rights a U.S. foreign policy priority. They recommended that: 1) the State Department position of “Coordinator of Humanitarian Affairs” be elevated to a full Bureau for Human Rights and Humanitarian Affairs; 2) Patricia M. Derian, a civil rights activist from Mississippi, become the first Assistant Secretary of State to head that Bureau; 3) the Assistant Secretary also become the State Department’s representative on the Helsinki Commission; and 4) the Helsinki Commission be fully integrated into inter-agency CSCE planning and the U.S. Delegation to the upcoming CSCE Review Meeting in Belgrade. The Secretary agreed and implemented these recommendations, despite resistance within the State Department. “Without Dante Fascell and Patt Derian, human rights probably would not have had the place it eventually did in American foreign policy,” Oliver observed. Oliver mentioned with sadness the passing of Derian in May 2016. Mr. Oliver explained that the Helsinki Commission was also partly responsible for creating the practice of human rights implementation, review, and accountability. At the 1977 Belgrade Review Meeting, the Helsinki Commission participants in the U.S. Delegation articulated specific cases of human rights abuses and violations of the Helsinki Accords committed by the Soviet Union. In response, the Soviet delegation shot back with criticisms of U.S. human rights issues, such as racism and poverty, to which the United States responded by investigating and reporting factually on these concerns. By publishing a human rights compliance report, the United States set a precedent for accountability on the part of all Helsinki Final Act signatory states. “The Helsinki Accords,” Oliver explained, “were not just about how the countries treat one another, but also about how countries treat their own citizens.” Noting that, today, Russia’s human rights conditions are worse than they have been since the collapse of the USSR, Mr. Oliver recalled moments that looked more promising. Accompanying Fascell to Moscow in April 1986, he was among the first American officials to meet with Mikhail Gorbachev after his consolidation of power as leader of the Soviet Union. In a four-hour meeting at the Kremlin on a Saturday morning, Mr. Oliver expected Gorbachev to find recourse to concerns raised by displaying the same defensiveness and counter-criticism as previous Soviet leaders. Instead, Gorbachev was honest about the issues his country was facing, and expressed his intention to enact economic and political reforms to open the Soviet Union up to the rest of the world. Mr. Oliver left that meeting feeling encouraged about the direction of the USSR. This progressive streak in Russian leadership was short-lived, as illustrated by Vladimir Putin’s increasingly authoritarian rule and denial of basic freedoms. Mr. Oliver believes that Putin’s rise to power and current popularity result from the turmoil and economic devastation of the 1990s, compounded with his tight grip on the media. “There’s no country in the world where the dictator controls the media and he isn’t running at 80 percent in the polls,” he said. In terms of U.S. policy towards Russia, Mr. Oliver believes that strengthening and widening those economic sanctions already in place would put the most pressure on the Russian government to change its ways. “When the Russians invaded Crimea, they broke every one of the ten principles of the Helsinki Final Act,” he said. “We should let the Russians know that we don’t intend to back off until they change their ways.” In the meantime, the Commission can continue to play an important role maintaining the gains made in promoting human rights through bilateral as well as multilateral diplomacy.
Co-Chairman Smith Expresses Support for Vladimir Kara-MurzaMonday, February 06, 2017
WASHINGTON—Responding to reports that Russian democracy activist Vladimir Kara-Murza, currently in a coma in a Russian hospital, was diagnosed with “acute poisoning by an undetermined substance,” Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04) released the following statement: “I am deeply concerned by reports that, just as in 2015, Vladimir Kara-Murza was poisoned in Russia. Kara-Murza has been a champion of free and fair elections in Russia, and has fought bravely to hold Russian officials accountable for human rights violations. Vladimir and his family are in my thoughts and prayers. We all hope that he recovers quickly–and I call upon the Russian government to take all measures to investigate this incident, and to bring those responsible to justice.” Kara-Murza testified before Smith at a Helsinki Commission hearing in October 2015, several months after a suspected poisoning earlier that year. Kara-Murza was also the target of death threats before the 2016 Russian parliamentary elections.
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MSNBC: Senator Wicker on RussiaThursday, January 12, 2017
Ahead of the confirmation hearing for Secretary of Defense nominee General James Mattis, Helsinki Commission Chair Senator Roger Wicker joined MSNBC's Brian Williams and Nicole Wallace to discuss U.S.-Russia relations. "Vladimir Putin is not our friend," he noted. "We would like to be friends with the Russian people. This has been an aspiration of mine as chair of the Helsinki Commission." "[Putin] is an adversary of ours," Chairman Wicker continued. "He's done mischief. Frankly, he is responsible for the deaths of thousands and thousands of innocent people over the past 12 months."
Helsinki Commission Leaders Mark International Human Rights DayFriday, December 09, 2016
WASHINGTON—To mark International Human Rights Day on December 10, Rep. Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, and Sen. Roger Wicker (MS), Co-Chairman of the Commission, issued the following statements: “2016 has been a challenging year for the OSCE region – some governments have backslid on human rights, and humanitarian crises on the OSCE’s periphery in Syria, Iraq, and elsewhere have driven waves of refugees into the OSCE region,” Chairman Smith said. “And despite our best efforts, child sex tourism is soaring while protection lags. We each have an essential role to play in fighting for the human rights of those who are persecuted, whether they are political prisoners in Azerbaijan, refugees fleeing genocide in Syria, journalists in Turkey, or victims of human trafficking in our own country. We must all become human rights defenders.” “We live in a world with significant security challenges, from cyber threats to terrorism to acts of aggression by one of our own OSCE participating States,” said Co-Chairman Wicker. “However, as we work to maintain regional stability, we remember that security cannot exist independently from securing fundamental human rights. Today, we recommit ourselves to democracy, the rule of the law, and the rights of all people to determine their future free from tyranny and oppression.” “The Helsinki Final Act is clear: human rights issues in one OSCE country are of direct and legitimate concern to all participating States,” Chairman Smith concluded. “I call on the 57 nations of the OSCE to defend the rights and dignity of the most vulnerable, and to provide humanitarian assistance to victims of genocide and war in the Middle East.”
Turkey: Human Rights in RetreatFriday, December 09, 2016
Five months after the failed coup attempt of July 15th, 2016, serious questions have emerged with regard to the future of democracy and the rule of law in Turkey. The Turkish government maintains sweeping state of emergency decrees, which have shuttered educational institutions, civic associations, and media organizations. Tens of thousands of people have been arrested, suspended, or fired for colluding with coup plotters, a determination often made with little to no credible documentation. In the wake of this ongoing crackdown, the Helsinki Commission convened a briefing to examine Turkey’s deteriorating human rights conditions and the future of U.S.-Turkey relations. Helsinki Commission staff member Everett Price opened the briefing by recalling the Commission’s original mandate, its fundamental mission to shed light on human rights violations, and the importance of candor in fostering friendly international relations. Dr. Y. Alp Aslandogan, Executive Director of the Alliance for Shared Values, provided a detailed description of the government’s post-coup persecution of the Hizmet movement, minority groups such as the Kurds and Alevis, journalists, and teachers. Dr. Karin Karlekar, Director of the Free Expression Advocacy Team at PEN America, shed light on the Turkish government’s intensified suppression of press freedom and free expression in the wake of the failed coup attempt. Finally, Dr. Nicholas Danforth, Senior Policy Analyst at the Bipartisan Policy Center, assessed the risks posed by the Turkish government’s disregard for the rule of law and their potential implications for U.S.-Turkey relations. In the subsequent exchange of views moderated by Everett Price, the panelists reflected on the international community’s role in promoting human rights, threats to academic freedom, and the potential for a renewed democratic trajectory in Turkey.
Baltic Security after the Warsaw NATO SummitWednesday, December 07, 2016
In the wake of NATO decisions to send significant rotational forces to the Baltic States and Poland to deter Russian aggression, the Helsinki Commission convened a briefing to examine the fluid Baltic security environment. Helsinki Commission staff member Alex Tiersky opened the briefing by recalling the Helsinki Final Act principles (such as territorial integrity and inviolability of borders) that have been challenged in Europe in recent years, with worrying potential implications for the Baltic states in particular. Karl Altau provided a Baltic-American perspective on the concerns faced by NATO’s eastern flank and the seriousness with which the countries concerned take their NATO commitments. Michael Johnson summarized RAND’s wargame-based research demonstrating the extent of the Baltic States’ vulnerability to potential Russian aggression in the absence of significantly enhanced NATO presence in the region. Magnus Nordenman recalled the relevance of the region to U.S. geopolitical interests and described the potential implications for other regional players in any Russian aggression, as well as the capabilities they potentially could bring to bear. In the subsequent exchange of views moderated by the Helsinki Commission’s Scott Rauland, representatives from the Baltic embassies in Washington, D.C., voiced their governments’ commitments to a common defense, NATO, and continued cooperation with the United States.
Helsinki Commission to Probe Crisis of Human Rights in TurkeyMonday, December 05, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “TURKEY: HUMAN RIGHTS IN RETREAT” Friday, December 9, 2016 2:00 PM Rayburn House Office Building Room 2255 Respect for human rights in Turkey has declined dramatically since the failed coup attempt on July 15, 2016. Though the international community agrees that the Turkish government has the right to pursue justice against those who sought to overthrow it, Ankara’s reaction to the coup attempt has swept aside international human rights standards. Five months after the coup attempt, the Turkish government maintains sweeping state of emergency decrees, shuttering educational institutions, civic associations, and media organizations and arresting, suspending, or firing tens of thousands of people alleged to have conspired with the coup plotters, oftentimes with little to no credible documentation. These measures, along with dramatic changes to the country’s judicial system and further changes planned to the country’s constitution, are transforming Turkish society and raising serious questions about the future of Turkish democracy. Panelists will review the ongoing crackdown in Turkey; discuss the broad authority the government enjoys under the state of emergency; raise areas of concern regarding human rights and rule of law; and evaluate the implications of these developments for Turkish institutions and society. The discussion will also focus on policy options for the incoming U.S. Administration and U.S. Congress to consider when shaping relations with Turkey in coming years. The following experts are scheduled to participate: Dr. Y. Alp Aslandogan, Executive Director, Alliance for Shared Values Dr. Nicholas Danforth, Senior Policy Analyst, Bipartisan Policy Center Dr. Karin Karlekar, Director, Free Expression at Risk Program, PEN America Additional panelists may be added.
Baltic Security Focus of Upcoming Helsinki Commission BriefingThursday, December 01, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “BALTIC SECURITY AFTER THE WARSAW NATO SUMMIT” Wednesday, December 7, 2016 2:00 PM Cannon House Office Building Room 340 The Baltic States are on the front lines of Moscow’s demonstrated willingness to use force to change borders in its neighborhood. In recent years Estonia, Latvia, and Lithuania have been subject to a series of provocations and threats from their Russian neighbor, stoking fears of potential aggression in the region. Many have questioned NATO’s ability and willingness to defend the Baltics from Russian aggression, even after the Alliance decided at the July 2016 Warsaw Summit to deploy four international battalions to the region, in conjunction with a significant commitment of U.S. forces and equipment. Speakers will review Russian actions vis-à-vis the Baltic States; evaluate the multifaceted threats to the region; and assess ongoing national, regional, and Alliance responses. They will also offer their ideas on how the new U.S. Administration should approach the region. The following experts are scheduled to participate: Michael Johnson, Senior Defense Research Analyst, RAND Corporation Magnus Nordenman, Director, Transatlantic Security Initiative, Deputy Director, Brent Scowcroft Center on International Security, Atlantic Council of the United States Karl Altau, Managing Director, Joint Baltic American National Committee, Inc.
Nuclear Pollution in the Arctic: the Next Chernobyl?Tuesday, November 15, 2016
For decades, certain nations have been dumping nuclear waste and radioactive material in the Arctic. The extent of this contaminated waste has only come to light in recent years, and some experts fear there could be severe consequences if the waste is not swiftly handled and removed. This briefing sought to explore the magnitude of the problem and present recommendations for what the U.S. and the international community can do moving forward. The briefing participants offered diverse subject-area expertise, coming from backgrounds of Arctic environment, U.S. policy, and broader geopolitics. Nils Bøhmer, a Norwegian nuclear physicist, started the briefing off with an educated overview of past and current Russian nuclear activity in the Arctic. Next, Julia Gourley brought attention to some Arctic Council programs addressing environmental and health issues in the Arctic. Finally, Jon Rahbek-Clemmensen discussed nuclear-waste management, the current state of Arctic geopolitics, and offered models for nuclear-waste governance. The discussion was productive and all of the participants encouraged further U.S. engagement on this issue.
Ongoing Human Rights and Security Violations in Russian-Occupied CrimeaThursday, November 10, 2016
In Russia’s ongoing illegal occupation of the Ukrainian region of Crimea, occupying authorities persistently and egregiously violate the human rights of those perceived to oppose Russian annexation of this Ukrainian territory, especially Crimean Tatars. At the same time, with Russia’s militarization of the peninsula, the security situation in the surrounding Black Sea region is becoming increasingly perilous. The situation in Crimea is bleak, and continues to deteriorate both from a democracy and human rights viewpoint, as well as a security standpoint. The experts at this briefing examined the current state of affairs in the region in the face of Russian aggression, analyzed the response of the international community, and discussed how – 40 years after the Ukrainian Helsinki Monitoring Group was formed to monitor the Soviet Government’s compliance with the Helsinki Final Act – Ukrainians continue to defend Helsinki principles in the face of violations by Moscow. Helsinki Commission staff member Orest Deychakiwsky opened the briefing with a brief introduction on the current situation in Crimea. Mr. Deychakiwsky noted that this important briefing took place on the 40th anniversary of the founding of the Ukrainian Helsinki Monitoring Group in November of 1976. Ms. Shulyar and Mr. Berezovets both spoke on the illegality of the Russian occupation of Crimea and the flagrant human rights violations that have been perpetrated by Russian forces against the people of Crimea. Ambassador Herbst then spoke on the political and security challenges facing the West in regards to the situation in Crimea. Finally, Mr. Goble spoke on the challenges to the international system that Putin’s aggression in Crimea and Ukraine represents. All participants stressed the necessity for continued U.S. involvement in Ukraine to counter Russian aggression and to uphold the principles of the OSCE.
Helsinki Commission to Examine Threat Posed by Nuclear Pollution in the ArcticMonday, November 07, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “Nuclear Pollution in the Arctic: the Next Chernobyl?” Tuesday, November 15, 2016 3:30 PM Rayburn House Office Building Room 2325 For decades, certain nations have used the Arctic as a dumping ground for unwanted nuclear waste. Experts estimate that nuclear contamination in the Artic includes tens of thousands of containers of nuclear waste, in addition to dozens of radioactive ships, reactors, pieces of machinery, and submarines. If this waste is not expeditiously removed from the Arctic, what could be the consequences for human health, commercial interests, and wildlife in the region and beyond? This briefing will examine the policy of the United States, the Russian Federation, and other Arctic Council nations toward the Arctic. Experts will present a general overview of U.S. and international policy in the Arctic, the broader geopolitics of the region, and the imminent threat posed by nuclear pollution. The following experts are scheduled to participate: Nils Bøhmer, Managing Director, Bellona Foundation Julia Gourley, U.S. Senior Arctic Official, Department of State Jon Rahbek-Clemmensen, Visiting Fellow, Europe Program, Center for Strategic and International Studies
Human Rights, Military Security in Crimea under the Microscope at Upcoming Helsinki Commission BriefingWednesday, November 02, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: Ongoing Human Rights and Security Violations in Russian-Occupied Crimea Thursday, November 10, 2016 2:00 PM Rayburn House Office Building Room B-318 In Russia’s ongoing illegal occupation of the Ukrainian region of Crimea, occupying authorities persistently and egregiously violate the human rights of those perceived to oppose Russian annexation of this Ukrainian territory, especially Crimean Tatars. At the same time, with Russia’s militarization of the peninsula, the security situation in the surrounding Black Sea region is becoming increasingly perilous. The briefing will examine the current state of affairs in the region in the face of Russian aggression, analyze the response of the international community, and discuss how – 40 years after the Ukrainian Helsinki Monitoring Group was formed to monitor the Soviet Government’s compliance with the Helsinki Final Act – Ukrainians continue to defend Helsinki principles in the face of violations by Moscow. The following panelists are scheduled to participate: Oksana Shulyar, Embassy of Ukraine to the United States John E. Herbst, Director, Dinu Patriciu Eurasia Center at the Atlantic Council; former U.S. Ambassador to Ukraine Paul A. Goble, Editor, Windows on Eurasia; Professor, The Institute of World Politics Taras Berezovets, Founder, Free-Crimea Project, Kyiv, Ukraine
Bipartisan Legislation to Bring Back Convicted Criminals Abroad Passes SubcommitteeThursday, September 22, 2016
WASHINGTON—A bill that strengthens the ability of the United States to secure extradition of wanted fugitives and bring them home to face justice, sponsored by Rep. Chris Smith (NJ-04), Chairman of the Subcommittee on Global Human Rights and International Organizations, today cleared a first and important hurdle and was adopted by the Subcommittee. The bill has 20 bipartisan co-sponsors—10 Republicans and 10 Democrats—and has now been referred to the full Committee for consideration. The Walter Patterson and Werner Foerster Justice and Extradition Act (H.R. 2189) is named after the innocent victims of two of the most infamous criminals in modern U.S. history—both of whom live openly abroad. It requires the President to provide Congress with an annual study on important aspects of U.S. extradition policy, assisting Congress as it takes action to address outstanding issues in the extradition system. Currently the President’s management of the extradition system is largely opaque to congressional oversight and hence resistant to reform—H.R. 2189 takes a big step toward changing that. “In many cases around the world, efforts to extradite convicted criminals have simply stalled, leaving surviving families without closure and our efforts to seek justice in limbo,” said Smith. “Instead of continuing to allow violent criminals to live openly abroad—apparently outside of our government’s reach—we must strengthen the Executive Branch’s ability to take action to successfully resolve extradition cases. That the murderers of Walter Patterson and Werner Foerster live openly abroad is an ongoing offense against the surviving family members of the men they murdered.” Walter Patterson was brutally killed in the course of a robbery by George Wright, who was convicted of murder, escaped prison, allegedly hijacked a commercial jetliner, and disappeared, only to be found living openly in Portugal, which has denied extradition. Werner Foerster was a New Jersey state trooper shot during a routine traffic stop by terrorist Joanne Chesimard, who was convicted of murder, escaped prison, and made her way to Cuba, where she lives as a guest of the Cuban government—along with other fugitives the Cuban government refuses to return to the U.S. Smith is one of the foremost voices in the fight to return escaped fugitives to face U.S. justice. Since the discovery of George Wright in Portugal in 2012, he has held several meetings with and written to Portuguese government officials and corresponded with the Department of Justice on their efforts to secure the return of fugitives. In 2012, he chaired a hearing entitled “Justice in the International Extradition System: The Case of George Wright and Beyond.” H.R. 2189 enjoys the support of a diverse coalition of advocacy organizations, including Concerns of Police Survivors, the National Association of Police Organizations, the National Organization for Victim Assistance, the National Sheriffs’ Association, and the American Bail Coalition.
Moldova at a CrossroadsThursday, September 22, 2016
Twenty-five years after its independence, Moldova is at a crossroads as it prepares for presidential elections scheduled for October 30. While it seeks to overcome significant internal challenges, the country is also squarely in the crosshairs of Russian destabilization efforts intended to maintain Moscow’s influence and strike at the foundation of Moldovan democracy. The experts at this briefing offered valuable insight on the significant internal and external challenges Moldova faces as it approaches presidential elections in October 2016. The speakers addressed continued threats to Moldovan territorial integrity and sovereignty; hostile Russian actions including disinformation campaigns, an economic blockade, and threatening rhetoric; and the roles of the Moldovan government and external actors, including the OSCE, in addressing Moldovan vulnerabilities. Commissioner Rep. Joe Pitts (PA-16) opened the briefing with a statement on Moldova and the Transnistrian conflict, as he has been deeply interested and engaged in Moldova throughout his career. Witnesses Ambassador William Hill and Matthew Rojansky then discussed Moldova's internal and external challenges in greater depth. As a veteran diplomat in Moldova and the region, Ambassador William Hill assigned an absence of rule of law as Moldova’s central challenge. Mr. Rojansky, a renowned scholar on this subject, offered historical perspective on Russia’s objectives in maintaining instability in neighboring countries like Moldova. Before beginning audience Q&A, the event also welcomed comments from Tatiana Solomon, Chargé d’Affaires ad interim of the Moldovan Embassy, who thanked the witnesses and the Helsinki Commission for engagement on the issues discussed. All participants encouraged U.S. support for Moldova and the region as it works towards a stable, democratic, and prosperous future.
Helsinki Commission Briefing to Examine Challenges to Moldovan Security, Including Russian Destabilization EffortsMonday, September 19, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “Moldova at a Crossroads” Thursday, September 22, 2016 4:00 PM Rayburn House Office Building Room 2456 Twenty-five years after its independence, Moldova is at a crossroads as it prepares for presidential elections scheduled for October 30. While it seeks to overcome significant internal challenges, the country is also squarely in the crosshairs of Russian destabilization efforts intended to maintain Moscow’s influence and strike at the foundation of Moldovan democracy. Speakers will address continued threats to Moldovan territorial integrity and sovereignty; hostile Russian actions including disinformation campaigns, an economic blockade, and threatening rhetoric; and the roles of the Moldovan government and external actors, including the OSCE, in addressing Moldovan vulnerabilities. The following experts are scheduled to participate: Ambassador William Hill, National War College, National Defense University Matthew Rojansky, Director, Kennan Institute, Woodrow Wilson Center
Mr. McCAIN. Madam President, I ask unanimous consent that the order for the quorum call be rescinded.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Arizona is recognized.
Mr. McCAIN. I thank the Chair.
Mr. President, in a few minutes my colleague from Maryland, Senator Cardin, will be introducing a bill which I am a cosponsor of, along with a large bipartisan group of our colleagues. I wish to emphasize at the outset that some may characterize this legislation as anti-Russian. In fact, I believe it is pro-Russian. It is pro the people of Russia. It is pro the people who stand up for human rights and democracy in that country which, unfortunately, seems to be sadly deprived of.
This legislation, as my colleague and friend Senator Cardin will describe, requires the Secretary of State, in consultation with the Secretary of the Treasury, to publish a list of each person whom our government has reason to believe was responsible for the detention, abuse, or death of Sergei Magnitsky ; participated in efforts to conceal the legal liability for these crimes; committed those acts of fraud that Magnitsky uncovered; is responsible for extrajudicial killings, torture, or other gross violations of human rights committed against individuals seeking to expose illegal activities in Russia or exercise other universally recognized human rights.
Second, the individuals on that list would become the target of an array of penalties, among them, ineligibility to receive a visa to travel. They would have their current visas revoked, their assets would be frozen that are under U.S. jurisdiction, and U.S. financial institutions would be required to audit themselves to ensure that none of these individuals are able to bank excess funds and move money in the U.S. financial system.
I guess the first question many people will be asking is who was Sergei Magnitsky ? Who was this individual who has aroused such outrage and anger throughout the world? He was a tax attorney. He was a tax attorney working for an international company called Hermitage Capital that had invested in Russia. He didn't spend his life as a human rights activist or an outspoken critic of the Russian Government. He was an ordinary man. But he became an extraordinary champion of justice, fairness, and the rule of law in Russia where those principles, frankly, have lost meaning.
What Sergei Magnitsky did was he uncovered a collection of Russian Government officials and criminals who were associated with the Russian Government officials who colluded to defraud the Russian state of $230 million. The Russian Government in turn blamed the crime on Heritage Capital and threw Magnitsky in prison in 2008.
Magnitsky was detained for 11 months without trial. Russian officials, especially from the Interior Ministry, pressured Magnitsky to deny what he had uncovered--to lie and to recant. He refused. He was sickened by what his government had done and he refused to surrender principle to brute power.
As a result, he was transferred to increasingly more severe and more horrific prison conditions. He was forced to eat unclean food and water. He was denied basic medical care as his health worsened. In fact, he was placed in even worse conditions until, on November 16, 2009, having served 358 days in prison, Sergei Magnitsky died. He was 37 years old.
Sergei Magnitsky's torture and murder--let's call it what it really was--is an extreme example of a problem that is unfortunately all too common and widespread in Russia today: the flagrant violations of the rule of law and basic human rights committed by the Russian Government itself, along with its allies.
I note the presence of my colleague and lead sponsor of this important legislation. I hope in his remarks perhaps my friend from Maryland would mention the latest in the last few days which was the affirmation of the incredible sentence on Mr. Mikhail Khodorkovsky and his associate which is, in many ways, tantamount to a death sentence; again, one of these blatant abuses of justice and an example of the corruption that exists at the highest level of government.
I wish to say again I appreciate the advocacy of my colleague from Maryland and his steadfast efforts on behalf of human rights in Russia, Belarus, and other countries. It has been a great honor to work with him and for him in bringing this important resolution to the floor of the Senate.
I ask unanimous consent that at the appropriate time, the Senator from Maryland and I be allowed to engage in a colloquy.
The PRESIDING OFFICER. Without objection, it is so ordered.
The Senator from Maryland.
Mr. CARDIN. Mr. President, let me thank Senator McCain, not just for taking time for this colloquy concerning Mr. Magnitsky but for his longstanding commitment to justice issues, human rights issues, and the values the United States represents internationally.
We have had a long, proud, bipartisan, and, most importantly, successful record of promoting basic American values such as democratic governance and the rule of law around the world. Engaging the countries of the Eastern Bloc in matters such as respect for human rights was critical to winning the cold war. We will never know how many lives were improved and even saved due to instruments such as the Helsinki Final Act and the Jackson-Vanik amendment. These measures defined an era of human rights activism that ultimately pried open the Iron Curtain and brought down the Wall. Thankfully, the cold war is over and we have a stronger relationship, both at the governmental and societal levels, with countries in Eastern Europe. But, sadly, internationally recognized rights and freedoms continue to be trampled and, in many cases, with absolute impunity.
With the possibility of Russia's accession to the World Trade Organization, and the Presidents of the United States and Russia meeting in France, ours is a timely discussion.
Last week, I joined my distinguished colleague, the Senator from Arizona, and 14 other Senators from both parties to introduce the Sergei Magnitsky Rule of Law Accountability Act--a broad bill to address what the respected watchdog Transparency International dubbed a ``systematically corrupted country'' and to create consequences for those who are currently getting away with murder.
Actions always speak louder than words. The diplomatic manner of dealing with human rights abuses has frequently been to condemn the abusers, often publicly, with the hope that these statements will be all they need to do. They say oh, yes, we are against these human rights violations. We are for the rule of law. We are for people being able to come forward and tell us about problems and be able to correct things. They condemn the abusers, but they take no action. They think their words will be enough. Well, we know differently. We know what is happening today in Russia.
We know the tragedy of Sergei Magnitsky was not an isolated episode. This is not the only time this has happened. My colleague from Arizona mentioned the Mikhail Khodorkovsky case. Mr. Khodorkovsky is today in prison with even a longer sentence. Why? Because he had the courage to stand up and oppose the corrupt system in Russia and something should be done about it. That is why he is in prison, and that is wrong.
So it is time we do something about this and that we make it clear that action is needed. For too long, the leaders in Russia have said we are going to investigate what happened to Sergei Magnitsky . We think it is terrible he died in prison without getting adequate medical care. As Senator McCain pointed out, here is a person whose only crime was to bring to the proper attention of officials public corruption within Russia. As a result of his whistleblowing, he was arrested and thrown in jail and died in jail. He was tortured. That cannot be allowed, to just say, Oh, that is terrible. We know the people who were responsible. In some cases they have been promoted in their public positions. Well, it is time for us to take action. That is why we have introduced this legislation.
While this bill goes far beyond the tragic experiences of Sergei Magnitsky , it does bear his name, so let me refresh everyone's recollection with some of the circumstances concerning his death. I mention this because some might say, why are we talking about one person? But as the Soviet dictator Joseph Stalin said, ``One death is a tragedy; one million is a statistic.'' I rarely agree with Dictator Stalin, but we have to put a human face on the issue. People have to understand that these are real people and real lives that have been ruined forever as a result of the abuses within Russia.
Sergei was a skilled tax lawyer who was well known in Moscow among many Western companies, large and small. In fact, he even did some accounting for the National Conference on Soviet Jewry. Working at the American law firm of Firestone Duncan, Sergei uncovered the largest known tax fraud in modern Russian history and blew the whistle on the swindling of his fellow citizens by corrupt officials. For that he was promptly arrested by the subordinates of those he implicated in the crime. He was held under torturous conditions in detention for nearly a year without trial or visits from family. He developed severe medical complications which went deliberately untreated, and he died on November 16, 2009, alone in an isolation cell while prison doctors waited outside his door. Sergei was 37 years old. He left behind a wife, two sons, a dependent mother, and so many friends.
Shortly after his death, Philip Pan of the Washington Post wrote:
Magnitsky's complaints, made public by his attorneys as he composed them, went unanswered while he lived. But in a nation where millions perished in the Soviet gulag, the words of the 37-year-old tax lawyer struck a nerve after he died ..... his descriptions of the squalid conditions he endured have been splashed on the front pages of newspapers and discussed on radio and television across the country, part of an outcry even his supporters never expected.
I think Senator McCain and I would agree, there is a thirst for democracy around the world. People in Russia want more. They want freedom. They want accountability. They want honest government officials. They are outraged by what happened to Sergei Magnitsky .
I would point out just last week I met with a leader of the Russian business community who came here and traveled at some risk, I might say. Just visiting me was a risk. We have people from Russia who are being questioned because they come and talk to us. But he said to me that what happened here needs to be answered by the Russian authorities. He understands why we are introducing this legislation.
A year after his death, and with no one held accountable, and some of those implicated even promoted and decorated, The Economist noted:
At the time, few people outside the small world of Russian investors and a few human-rights activists had heard of Mr. Magnitsky . A year later, his death has become a symbol of the mind-boggling corruption and injustice perpetrated by the Russian system, and the inability of the Kremlin to change it.
Regrettably, we know Sergei's case, egregious as it is, is not isolated. Human rights abuses continue unpunished and often unknown across Russia today.
To make this point more clear, let's look at another example far outside the financial districts of Moscow and St. Petersburg in the North Caucasus in southern Russia where Chechen leader, Ramzan Kadyrov, condones and oversees massive violations of human rights, including violations of religious freedom and the rights of women. His militia also violates international humanitarian laws. As of this April, the European Court of Human Rights has ruled against Russia in 186 cases concerning Chechnya, most involving civilians.
So Sergei Magnitsky's case is not an isolated case of abuse by the Russian authorities. There has been a systematic effort made to deny people their basic human rights, including one individual, Natalia Estemirova, who personally visited my office at the Helsinki Commission. She was a courageous human rights defender who was brutally assassinated.
So it is time for Russia to take action. But we cannot wait; we need to take action.
Mr. McCAIN. Will the Senator yield for a question?
Mr. CARDIN. I yield back to my colleague.
Mr. McCAIN. First, I thank my colleague from Maryland for a very eloquent and, I think, very strong statement, to which I can add very little. But isn't it true, I ask my friend, that this Magnitsky case and the Khodorkovsky case, which I would like for us to talk a little bit more about, are not isolated incidents?
In other words, this is the face of the problem in Russia today. As the Senator mentioned, in its annual index of perceptions of corruption, Transparency International ranked Russia 154th out of 178 countries--perceived as more corrupt than Pakistan, Yemen, and Zimbabwe. The World Bank considers 122 countries to be better places to do business than Russia. One of those countries is Georgia, which the World Bank ranks as the 12th best country to do business.
In other words, isn't it true in the Magnitsky case, it is what has been taking place all across Russia, including this incredible story of Khodorkovsky, who was one of the wealthiest men in Russia, one of the wealthiest oligarchs who rebelled against this corruption because he saw the long-term consequences of this kind of corruption and was brought to trial, convicted, and then, when his sentence was completed, they charged him again?
Talk about a corrupt system, isn't it true that Vladimir Putin said he should ``sit in jail,'' and we now know that the whole trial was rigged, as revealed by people who were part of the whole trial? In other words, isn't it true, I would ask my friend from Maryland, that what we are talking about is one human tragedy, but it is a tragedy that is unfolding throughout Russia that we do not really have any knowledge of? And if we allow this kind of abuse to go on unresponded to, then, obviously, we are abrogating our responsibilities to the world; isn't that true?
Mr. CARDIN. I say to Senator McCain, you are absolutely right. This is not isolated. Magnitsky is not an isolated case of a lawyer doing his job on behalf of a client and being abused by the authorities. We have a lot of examples of lawyers trying to do their jobs and being intimidated and their rights violated.
But in Mr. Khodorkovsy's case, we have a business leader who was treated the same way just because he was a successful business leader. Even worse, he happened to be an opponent of the powers in the Kremlin.
So we are now seeing, in Russia, where they want to quell opposition by arresting people who are just speaking their minds, doing their business legally, putting them in prison, trying them, and in the Khodorkovsky case actually increasing their sentences the more they speak out against the regime.
That is how authoritarian they want to be and how oppressive they are to human rights. But I could go further. If one is a journalist in Russia, and they try to do any form of independent journalism, they are in danger of being beaten, being imprisoned, being murdered. It is very intimidating. The list goes on and on.
Mr. McCAIN. Could I ask my colleague, what implications, if any, does the Senator from Maryland believe this should have on the Russian entry into the World Trade Organization?
Mr. CARDIN. Well, it is very interesting, I say to Senator McCain. I just came from a Senate Finance Committee hearing, and we were talking about a free-trade agreement. I am for free-trade agreements. I think it makes sense. It is funny, when a country wants to do trade with the United States, they all of a sudden understand they have to look at their human rights issues.
I think all of us would like to see Russia part of the international trade community. I would like to see Russia, which is already a member of a lot of international organizations, live up to the commitments they have made in joining these international organizations.
But it is clear to me that Russia needs to reform. If we are going to have business leaders traveling to Russia in order to do business, I want to make sure they are safe in Russia. I want to make sure they are going to get the protection of the rule of law in Russia. I want to make sure there are basic rights that the businesspeople in Russia and the United States can depend upon.
So, yes, I understand that Russia would like to get into the WTO. We have, of course, the Jackson-Vanik amendment that still applies. I understand the origin of that law, and I understand what needs to change in order for Russia to be able to join the World Trade Organization.
But I will tell you this: The best thing that Russia can do in order to be able to enter the international trade regime is to clean up its abuses in its own country, to make clear it respects the rule of law; that businesspeople will be protected under the rule of law and certainly not imprisoned and tortured, as in the cases of Mr. Khodorkovsky and Mr. Magnitsky . We do not want to see that type of conduct.
If Russia would do that, if they would reform their systems, then I think we would be a long way toward that type of integration and trade.
Mr. McCAIN. I thank my colleague from Maryland for an eloquent statement about the situation as regards Russia. I thank him, and I can assure my colleague from Maryland that, as we speak, this will provide--and this legislation which he has introduced, will provide--some encouragement to people who in Russia now, in some cases, have lost almost all hope because of the corruption of the judicial system, as well as other aspects of the Russian nation.
We all know that no democracy can function without the rule of law; and if there are ever two examples of the corruption of the rule of law, it is the tragedy of Sergei Magnitsky and, of course, Mr. Khodorkovsky, who still languishes in prison; who, in his words, believes he--by the extension of his prison sentence--may have been given a death sentence.
So I thank my colleague from Maryland.
Mr. CARDIN. Will my colleague yield for just one final comment?
I think the Senator is right on target as to what he has said. I appreciate the Senator bringing this to the attention of our colleagues in the Senate.
I will respond to one other point because I am sure my colleague heard this. Some Russian officials say: Why are we concerned with the internal affairs of another country? I just want to remind these Russian officials, I want to remind my colleagues here, that Russia has signed on to the Helsinki Final Act. They did that in 1975, and they have agreed to the consensus document that was issued in Moscow in 1991 and reaffirmed just last year with the heads of state meeting in Astana, Kazakhstan, just this past December. I am going to quote from that document:
The participating States--
Which Russia is a participating state--
emphasize that issues relating to human rights, fundamental freedoms, democracy and the rule of law are of international concern, as respect for these rights and freedoms constitutes one of the foundations of international order. They categorically and irrevocably declared that the commitments undertaken in the field of the human dimension are matters of direct and legitimate concern to all participating States--
The United States is a participating state--
and do not belong exclusively to the internal affairs of the State concerned.
Mr. McCAIN. That was a statement by the Government of Russia?
Mr. CARDIN. That was a statement made by the 56 states of the OSCE at a meeting of the Heads of State, which happens about every 10 years. It just happened to have happened last year. Russia participated in drafting this statement. Russia was there, signed on to it, and said: We agree on this. It is a reaffirmation as to what they agreed to in 1991 in Moscow where we acknowledged that it is of international interest, and we have an obligation and right to question when a member state violates those basic human dimension commitments. Russia clearly has done that. We have not only the right but the obligation to raise that, and I just wanted to underscore that to my colleagues.
I say to Senator McCain, your comments on the Senate floor are so much on point. I think people understand it. They understand the basic human aspect to this. But sometimes they ask: Well, why should America be concerned? Do we have a legitimate right to question this? Russia signed the document that acknowledges our right to challenge this and raise these issues.
I thank my colleague for yielding.
Mr. McCAIN. I thank my colleague from Maryland, and I hope we would get, very rapidly, another 98 cosponsors.
I suggest the absence of a quorum.
The PRESIDING OFFICER. The clerk will call the roll.
The legislative clerk proceeded to call the roll.