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article
Journalists Persecuted 2017: Illustrative Cases
Wednesday, August 02, 2017By Jordan Warlick, Staff Associate Natasha Blaskovich, Intern Katya Kazmin, Intern With a section on the “improvement of working conditions for journalists”, the Helsinki Final Act explicitly recognizes the importance of journalists for democratic and open societies. Despite the signing of the agreement in 1975, the situation for journalists is still very grim in several countries in the region. The U.S. Helsinki Commission continues to monitor these conditions closely and remains concerned with: (a) murder, violence, and other egregious acts that harm the safety of journalists; (b) imprisonment of journalists for their work; (c) other restrictions that impede the work of journalists and a free press. The journalists featured below are representative of those persecuted so far this year. Afqan Muxtarli (Azerbaijan) – Muxtarli and his family fled to neighboring Georgia in 2015 after Muxtarli received threats related to corruption investigations into Azerbaijani President Ilham Aliyev and other officials. Following Muxtarli’s disappearance on May 29, 2017, Muxtarli’s lawyer told Radio Free Europe that the journalist was abducted in Tbilisi and handed over to Azerbaijani officers at the border. Muxtarli believes that these officers planted €10,000 on him and then promptly arrested him, in order to incriminate him for illegally crossing the border with a large sum of money and no passport. Amnesty International and other international human rights organizations have criticized the Azerbaijani government for its oppression of journalists and suppression of free speech. Georgia’s Interior Minister has stated that Georgia has launched an investigation into this allegedly unlawful imprisonment. Mehman Huseynov (Azerbaijan) – Huseynov, a well-known journalist and blogger in Azerbaijan, was sentenced to two years in prison on March 3, 2017 on defamation charges. Huseynov had been under a travel ban since 2012, and was reportedly harassed and intimidated by the police for years. In early January 2017, Huseynov was arrested in Baku, taken to the Nasimi police station where he was held incommunicado, and repeatedly beaten and abused. Although he filed a formal complaint with the prosecutor’s office and made his abuse public, Huseynov’s allegations were declared groundless and not investigated. Huseynov was accused of defamation by the Nasimi police chief, and was found guilty in May 2017. Halina Abakunchyk (Belarus) – Abakunchyk is a correspondent for Radio Free Europe/Radio Liberty (RFE/RL), a U.S.-government-funded service. She was detained overnight on March 12, 2017, accused of “participating in an unsanctioned rally,” and then fined approximately $300 for covering large nationwide protests in March over a tax on the unemployed. Abakunchyk was one of 32 journalists arrested and/or fined for similar offenses while covering the protests. Zhanbolat Mamay (Kazakhstan) – Mamay is the editor of the Tribuna newspaper, one of the few independent papers in Kazakhstan to have survived a recent trend of pressure and harassment from the government. Arrested on February 10, 2017, Mamay stands accused of being an accomplice to money-laundering, along with opposition leader and former head of BTA Bank, Mukhtar Ablyazov, in 2009. Before his arrest, Mamay told RFE/RL that he felt he was being followed. Since his arrest, Mamay has complained of being beaten and extorted while in prison. There are concerns for the safety of Mamay and his family as well as the provision of a fair trial. The Committee to Protect Journalists and other organizations have called for his release. Nikolai Andrushchenko (Russia) – Andrushchenko was a Russian journalist known for reporting on issues provocative to the Russian regime, including corruption. When Andrushchenko was attacked by assailants in St. Petersburg on March 9, 2017, he was in the midst of investigating reports of corruption and human rights abuses, allegations including the involvement of local police. He was found unconscious several hours later and taken to a hospital where brain surgery was performed, leaving him in a coma. He died on April 19, 2017. Prior to the March 9 attack, Andrushchenko had been attacked at least two times in the last decade. In November 2016, assailants attacked him on his doorstep. He was also attacked in November 2007, weeks before he was jailed for two months on false charges of defamation and obstruction of justice. The police have not informed the newspaper which Andrushchenko co-founded, Novy Peterburg (New Petersburg), of any progress in the investigation. Dmitry Popkov (Russia) – Popkov, the chief editor of local independent newspaper Ton-M in Siberia, was found shot dead in his backyard in Minusinsk on May 24, 2017. Popkov was known for investigating alleged abuses of power and corruption. Ton-M’s motto, “We write what other people stay silent about,” made the newspaper – and Popkov himself – long-time targets. Shortly before his murder, Popkov had published reports regarding a federal parliamentary audit that revealed corruption in the local administration. An investigation has been launched by the regional branch of Russia’s Investigative Committee and Popkov’s journalism is being treated as a potential motive for the murder. Nur Ener (Turkey) – Ener, a journalist for the daily Yeni Asya, was detained by police after they raided her apartment in the middle of the night on March 3, 2017. Accused of being affiliated with the Fethullah Gülen network, Ener’s formal charges are unknown to her lawyer and she is allowed only 45 minutes of family visits a week and one hour with her lawyer. A former roommate of Ener, who was arrested after the July 2016 coup attempt, is said to have given Ener’s name to the police in the aftermath of the coup. Some of Ener’s critical reporting, including an interview where the guest criticized certain government policies, may have also been a reason for her arrest. According to the Committee to Project Journalists, Ener is one of over 80 journalists imprisoned in Turkey – the largest jailer of journalists in the world. Oguz Guven (Turkey) – Guven is the website editor-in-chief of Cumhuriyet daily. He was detained on May 12, 2017 for spreading terrorist propaganda, a popular charge against journalists in Turkey. The arrest allegedly was prompted by the newspaper’s tweet about the death of Mustafa Alper, a senior Turkish prosecutor involved in prosecuting suspects in the July 2016 coup attempt. Cumhuriyet has come under extreme pressure from the Turkish government, with 17 journalists and board members standing trial on July 24. Guven and his colleagues could face prison sentences as long as 43 years. Stanyslav Aseyev (Ukraine) – Aseyev, a freelance journalist who contributed to Radio Free Europe/Radio Liberty under the name Stanyslav Vasin, has been missing from Donetsk since June 3, 2017. On July 16, Yehor Firsov, a former Ukrainian lawmaker and close friend of Aseyev, said he received information through unofficial sources that the journalist was detained by pro-Russian separatists. Aseyev allegedly faces charges of espionage by the self-proclaimed Donetsk People’s Republic (DNR), who have threatened him with up to 14 years’ imprisonment. Other journalists highlighted in Political Prisoners in Russia: Mykola Semena (Ukraine) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care. Semena’s trial has been adjourned and delayed several times this year. If he is found guilty, he could face five years in prison. Roman Sushchenko (Ukraine) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko. Sushchenko’s pre-trial detention has been extended several times by the Lefortovsky District Court of Moscow since his arrest, and is currently set until September 30, 2017. Photos Cited: Afqan Muxtarli: Facebook Mehman Huseynov: Facebook Halina Abakunchyk: RFE/RL Zhanbolat Mamay: RFE/RL Nikolai Andrushchenko: RFE/RL Dmitry Popkov: TON-M Nur Ener: Platform for Independent Journalism (P24) Oguz Guven: Twitter Stanyslav Aseyev: RFE/RL
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briefing
Muslims & Minorities in the Military
Wednesday, July 26, 2017A demographic shift spanning both sides of the Atlantic has brought the issues of diversity and inclusion to the forefront of the agendas in the public and private sector, including the security sector across the OSCE region. The OSCE has had a focus on diverse populations, from Roma and Jewish populations to national minorities and migrants in Europe and the United States, since its inception. This focus has increased in recent years with the demographic shifts being experienced in the US and throughout Europe. The U.S. Census Bureau predicts that racial and ethnic groups will comprise close to 60 percent of the U.S. population by 2060, and that by the next decade the majority of the U.S. workforce will be people of color – e.g., Asian, Latino, and migrant populations – which will also account for much of the U.S. population growth in years to come. In Europe, demographers predict that aging and waning birthrates will lead to a decline in workers. Historically, racial, ethnic, religious, and gender minority groups have been under represented in the security sector, yet they hold untapped potential to address the new and complex challenges of the 21st century. Panelists suggested making the military more attractive to all individuals, including from these groups, and addressing barriers of prejudice and bias. Additionally, panelists recommended leadership in governments and the security sector embrace change efforts through words, actions and policies. The expertise and experiences of the panelists were broad and included representation from various countries in Western Europe. Rozemina Abbasi from the U.K. Ministry of Defense detailed research and outreach programs being carried out to achieve diversity targets set by military leadership as well as the Prime Minister in the United Kingdom. Dr. Elyamine Settoul, an academic at the French Ministry of Defense, spoke about the historical and present day contributions of muslims in the military, including assisting in the liberation of France during World War II. Dominik Wullers a procurement spokesman for the Federal Ministry of Defense, explained the struggle to change perceptions and stereotypes of German soldiers, and how he launched the Deutscher.Soldat (German Soldier) initiative to address these issues. Samira Rafaela, the Organizational Strategy Advisor for the Dutch National Police, detailed community policing and other initiatives in the Netherlands to advance diversity in the forces. Helsinki Commissioner Representative Gwen Moore joined the panel and discussed the history of desegregation in the United States and patriotism in response to questions about the President's tweet stating transgender individuals would no longer be able to serve in the military. European panelists also responded to the question detailing diversity policies in their countries. The briefing took place against the backdrop of Helsinki Commissioners Senator Ben Cardin, Ranking Member and OSCE Parliamentary Assembly Special Representative on Anti-Semitism, Racism, and Intolerance, and Representative Alcee Hastings speaking at the German Marshall Fund's conference, "Mission Critical: Inclusive Security: Inclusive Leadership for the Security Sector". Addressing European and American security sector leaders and practitioners on the importance of diversity, Commissioner Cardin told of his work with Republican Senate Foreign Relations Chairman Bob Corker to include diversity provisions for the national security workforce in the State Department Authorization Bill before the Committee that day. Commissioner Hastings spoke of his efforts on the Rules committee to include diversity provisions in the Intelligence Bill being voted on the next day. Both Commissioners spoke at the first Mission Critical conference that took place in 2013. http://bit.ly/mcreport2017
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press release
Helsinki Commission Announces Briefing on Muslims & Minorities in the Military in the OSCE Region
Monday, July 24, 2017WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: MUSLIMS AND MINORITIES IN THE MILITARY Changing Demographics in the OSCE Region and Implications for Europe’s Security Sector Wednesday, July 26, 2017 11:00AM to 12:00PM Dirksen Senate Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission Demographers predict that aging, shifting birth rates, and immigration will change the face of European and North American populations over the next few decades. For example, researchers predict that persons of Muslim origin will make up a quarter of the French and third of the German populations by 2050. At the briefing, European security practitioners will discuss how demographic change is impacting the security workforce, and the subsequent implications for the OSCE region. Panelists will also highlight the ways in which recruitment, personnel, and other security workforce policies and practices are changing in light of Europe’s increasing ethnic and religious diversity. Speakers include: Dominik Wullers (Germany), Economist, Spokesman of the Federal Office for Federal Ministry of Defense Equipment, and Vice President of Deutscher.Soldat Samira Rafaela (Netherlands), Organizational Strategy Advisor, Dutch National Police Rozemina Abbasi (United Kingdom), Assistant Head, Armed Forces Targets, Ministry of Defense Dr. Elyamine Settoul (France), Professor, Institute for Strategic Research at the Military College, French Ministry of Defense
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briefing
Engaging Belarus on Human Rights & Democracy
Friday, July 21, 2017The U.S. Helsinki Commission held a briefing titled, “Engaging Belarus on Human Rights and Democracy” on July 21, 2017, which built on renewed interest in Belarus after members of the Commission traveled to Minsk earlier in the month for the annual OSCE Parliamentary Assembly meeting. The panelists for the briefing included Stephen Nix, Regional Program Director for Eurasia at the International Republican Institute in Washington, DC; Katie Fox, Deputy Director of the Eurasia Department at the National Democratic Institute in Washington, DC; and Sanaka Samarasinha, the United Nations Chief in Belarus. Brief remarks were also delivered by Belarusian Charge d’Affaires Pavel Shidlovsky. Stephen Nix began the briefing by highlighting the importance of Belarus in U.S. foreign relations, including the relationship between Belarus and Russia, especially in light of the increased Western presence in the Baltics and the surrounding area. Mr. Nix “applaud[ed] Belarus’s expressed intent at engagement” and offered some examples demonstrating optimism for the democratic process in Belarus, such as the appointment of opposition party members to parliament with limited power. Katie Fox echoed this optimism when addressing “democratic openings,” such as the concessions the Belarusian government made in response to protests, increasingly democratic electoral processes, and “the growth and development of the democratic parties.” Sanaka Samarasinha discussed engagement in relations to the human rights issues Belarus presents today and the areas of particular concern to the UN. The UN in Belarus has focused primarily on “development activities,” but also issues such as human trafficking and the rising number of HIV/AIDs cases. Samarasinha also highlighted the need for a “safe space” for discussions of human rights issues and transparency to allow Belarusians and Belarusian civil society to be able to have a conversation. Charge d’Affaires Pavel Shidlovsky highlighted ways that Belarus is working with its NATO neighbors through defense cooperation, including relinquishing nuclear weapons and inviting representatives of NATO to observe the Belarusian-Russian strategic joint exercise scheduled for September 2017. Shidlovsky also stated, “Belarus has always regarded normalization of relations with the United States as a priority of its foreign policy. Yes, we have had our ups and downs, but never has the leadership of Belarus underestimated the importance of full-fledged engagement with the U.S.” In the final Q&A session the panelists were cautiously optimistic about the prospects for the improvement of human rights practices in Belarus and improvements in the electoral code that could someday lead to elections that could be certified as free and fair by the OSCE Office for Democratic Institutions and Human Rights (ODIHR). However, they also stressed that it is critical to continue to fight for changes that are sustainable, beginning with the removal of restrictions on peaceful assembly and freedom of speech.
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press release
One Year After Coup Attempt, Helsinki Commission Calls on Turkish Government to Respect OSCE Commitments, End Crackdown
Friday, July 14, 2017WASHINGTON—Ahead of the one-year anniversary of the attempted coup in Turkey, Helsinki Commission Chairman Sen. Roger Wicker (MS) and Co-Chairman Rep. Chris Smith (NJ-04) issued the following statements: “Last July, thousands of Turks took to the streets to stand against a military coup attempt. Turkish democracy still hangs in the balance one year later,” said Chairman Wicker. “I urge the Turkish government to restore stability and trust in its institutions by ending the state of emergency, releasing all prisoners of conscience, and guaranteeing full due process to all those who face credible charges.” “The Turkish government’s campaign against parliamentarians, academics, journalists, and thousands of others is marked by grave human rights violations,” said Co-Chairman Smith. “The Turkish courts’ support for this campaign is a sad sign of the challenges ahead – we recently saw this in a court’s confirmation of the expropriation of a Syriac Orthodox monastery. I call on the Turkish government and courts not to continue down the path to dictatorship.” Ahead of the May 2017 meeting between President Donald Trump and Turkish President Recep Tayyip Erdogan, Helsinki Commission leaders urged President Trump to seek guarantees that several U.S. citizens currently jailed in Turkey will have their cases promptly and fairly adjudicated and receive full consular assistance. They called for the prompt release of imprisoned American pastor Andrew Brunson; for consular access and fair trials for American dual citizens like Serkan Golge; and for timely and transparent due process for long-standing U.S. consulate employee Hamza Uluçay. Chairman Wicker also submitted a statement to the Congressional Record expressing his concern about the outcome of the April 16 constitutional referendum in Turkey, which approved Turkey’s conversion from a parliamentary government into an “executive presidency,” further weakening crucial checks and balances.
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article
2017 Trafficking in Persons Report – the OSCE Region
Tuesday, June 27, 2017By Allison Hollabaugh, Counsel Human trafficking remains a pressing human rights violation around the world with the International Labor Organization estimating that nearly 21 million people are enslaved at any given time, most of them women and children. As part of U.S. efforts to combat human trafficking, the U.S. Department of State today released the 2017 Trafficking in Persons Report (TIP Report), reflecting the efforts of 187 countries and territories to prosecute traffickers, prevent trafficking, and to identify and assist victims, as described by the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Trafficking Victim Identification and Care: Regional Perspectives According to the new TIP Report, in the 2016 reporting year, countries in the OSCE region identified 304 more trafficking victims than in the previous year, for a total of 11,416 victims. This increase is particularly notable when compared to the East Asia and Pacific, Near East, South and Central Asia, and Western Hemisphere regions, where victim identification declined, but still maintained a generally upward trend over 2014. Trafficking victim identification and care is critical for proper management of refugee and migrant flows. In order to help law enforcement and border guards identify trafficking victims among the nearly 400,000 migrants and refugees entering the region last year, the OSCE Office to Monitor and Combat Trafficking in Human Beings launched a new project to conduct multiple trainings, including simulation exercises, through 2018. The first training in November 2016 included participants from 30 OSCE participating States. Victim identification and care are also critical for successful prosecutions. Nearly every region of the world saw a drop in prosecutions of human traffickers, but an increase in convictions in the 2016 reporting year. This trend may reflect a growing knowledge among prosecutors of how to successfully investigate and prosecute a trafficking case. It also may reflect an overall increase in trafficking victims who have been identified, permitted to remain in-country, and cared for such that the victims—now survivors—are ready, willing, and able to testify against their traffickers. Despite the dramatic decline in prosecutions (46 percent) in the OSCE region, convictions held steady at nearly the same numbers as the previous year. Individual Country Narratives Along with regional statistics, the TIP Report also provides individual country narratives, recommendations for the most urgent changes needed to eliminate human trafficking, and an assessment of whether the country is making significant efforts to meet the minimum standards for the elimination of human trafficking. Tier 1 countries meet the minimum standards for the elimination of human trafficking. Tier 2 countries do not yet meet the standards, but are making significant efforts to do so. Tier 2 Watch List countries do not meet the minimum standards and are making significant efforts to do so, but have a very large or increasing number of trafficking victims, have failed to demonstrate increasing efforts over the previous year, or lack a solid plan to take additional steps in the coming year. Tier 3 countries do not meet the minimum standards and are not making significant efforts to do so. Twenty-five OSCE participating States qualified for Tier 1 in the TIP Report. Nineteen participating States qualified for Tier 2, including Ukraine, which was upgraded this year after four years on the Tier 2 Watch List. Five participating States were designated for the Tier 2 Watch List, including Hungary, Moldova, Montenegro, Serbia, and Bulgaria.* Four participating States were on Tier 3, including Belarus, Russia, Turkmenistan, and Uzbekistan. States on Tier 3 may be subject to sanctions. Legislation authored by Helsinki Commission Co-Chairman Rep. Chris Smith—who also serves as the Special Representative for Human Trafficking Issues to the Organization for Security and Cooperation in Europe Parliamentary Assembly – requires the TIP Report to be produced every year. In recent years the report has also included an assessment of the United States. Since the inception of the report, more than 100 countries have written or amended their trafficking laws, with some nations openly crediting the report for inspiring progress in their countries’ fight against human trafficking. * OSCE participating States Andorra, Monaco, Lichtenstein, and San Marino are not included in the TIP Report.
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statement
A Call to OSCE Commitments in Aftermath of Turkish Referendum
Thursday, May 04, 2017Mr. President, I rise today to express my concerns about the outcome of the April 16 constitutional referendum in Turkey, when more than 50 million Turkish citizens voted on constitutional amendments to convert Turkey’s parliamentary government into a presidential system. Turkey is a longstanding friend of the United States and a NATO ally. Our bilateral partnership dates back to the Cold War when Turkey served as an important bulwark against the creeping influence of the Soviet Union. Time has not diminished Turkey’s geostrategic importance. Today, Ankara finds itself at the intersection of several critical challenges: the instability in Syria and Iraq, the threat of ISIS and other extremist groups, and the refugee crisis spawned by this regional upheaval. The United States relies on Turkey and other regional partners to help coordinate and strengthen our collective response. I was deeply troubled when renegade military units attempted to overthrow Turkey’s democratically elected government last July. Turkey’s strength is rooted in the democratic legitimacy of its government – a pillar of stability targeted by the reckless and criminal coup attempt. As Chairman of the Commission on Security and Cooperation in Europe, or U.S. Helsinki Commission, I take very seriously the political commitments made by the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE). These commitments – held by both the United States and Turkey – represent the foundation of security and cooperation in the OSCE region. They include an indispensable focus on human rights, rule of law, and democratic institutions. In the OSCE’s founding document, the Helsinki Final Act, participating States affirm “the universal significance of human rights and fundamental freedoms” and consider respect for these to be an “essential factor” for international peace and security. This vision is consistent with long-established U.S. foreign policy promoting human rights and democracy as cornerstones of a safer, more stable international order. With these principles in mind, the United States must pay urgent attention to the current situation in Turkey and the danger it poses to Turkish and regional stability. Eroding respect for fundamental freedoms, rule of law, and democratic institutions in Turkey has proceeded at an alarming pace. The government’s planned “executive presidency” will further decrease government accountability. Since the attempted coup more than nine months ago, Turkey has operated under a state of emergency that gives the government sweeping authority to curtail rights and silence opponents. Certain extraordinary measures may have been justified in the immediate aftermath to restore order, investigate events, and bring perpetrators to justice, but the government’s actions have stretched far beyond these legitimate aims. The ongoing purge has touched every institution of government, sector of society, corner of the country, and shade of opposition – military or civilian, Turk or Kurd, religious or secular, nationalist or leftist, political or non-political. An atmosphere of fear and uncertainty has settled over Turkish society as more than 100,000 people have been detained or arrested. Tens of thousands have been fired from their jobs, had their professional licenses revoked, and had their names released on public lists without any recognizable due process. The government removed and replaced thousands of judges and prosecutors within hours of the coup’s defeat, compromising the independence of the judiciary at a moment when an impartial justice system had become more important than ever. The government has also closed more than 150 media outlets. Upwards of 80 journalists are behind bars. The offices of the country’s oldest newspaper were raided, and the paper’s editor-in-chief and other staff were arrested. The media environment was already under extraordinary pressure before the coup. Last spring, the government seized control of the country’s highest-circulation paper. Self-censorship is now widely practiced to avoid provoking the government’s ire. Additionally, state of emergency decrees have given regional governors the ability to curtail freedom of assembly rights, harming the ability of civil society organizations to organize rallies concerning the referendum. Since July, the government has detained more than a dozen opposition parliamentarians. Many more continue to face criminal charges for political statements they made before the coup attempt. It is difficult to overstate the chilling effect these measures have had on political debate in Turkey. And yet, these are the circumstances under which Turks voted on April 16. These major constitutional changes passed with a slim majority of 51 percent. The OSCE’s international observation mission stated in its preliminary conclusions that the vote “took place on an unlevel playing field” and that “fundamental freedoms essential to a genuinely democratic process were curtailed.” Under the revised constitution, the once largely ceremonial position of president will convert into an “executive presidency” and the position of prime minister will be abolished. The president will be elected along with the national assembly every five years and has the ability to dissolve the assembly and call new elections at will. The president will also appoint a larger proportion — nearly half — of the country’s supreme judicial council. In a report on these new constitutional provisions, the Venice Commission of the Council of Europe concluded that the amendments are a “step backwards” and pose “dangers of degeneration … towards an authoritarian and personal regime.” Turkey is undergoing a disturbing transformation, and I am concerned these changes could undermine the strength of our partnership. President Erdogan’s government has dramatically repressed dissent, purged opponents from every sector of government and society, and is now poised to consolidate power further under his self-described “executive presidency.” In the short term, the Turkish government should act swiftly and transparently to investigate credible claims of voting irregularities in the referendum as well as the legality of a surprise electoral board decision to admit an unknown number of ballots that should be deemed invalid under existing rules. Public trust in the outcome of such a consequential vote is of utmost importance. Sadly, until now, the government has responded to these challenges with dismissiveness and suppression. In the past week, dozens of activists have been detained for participating in protests against the election results. Furthermore, the government should lift the state of emergency, stop all forms of repression against the free press, release all imprisoned journalists and political activists, and urgently restore public confidence in the judiciary. Only then can it credibly and independently adjudicate the tens of thousands of cases caught up in the government’s months-long dragnet operations. A country where disagreements are suppressed rather than debated is less secure. A country where institutions are subordinated to personalities is less stable. A country where criticism is conflated with sedition is less democratic. Unless President Erdogan moves urgently to reverse these trends, I fear our partnership will inevitably become more transactional and less strategic. It will become more difficult to justify long-term investment in our relationship with Turkey if the future of the country becomes synonymous with the fortunes of one party or one individual. The United States and Turkey need a solid foundation for enduring cooperation to tackle regional instability, terrorism, migration, and other challenges. The future of this partnership is difficult to imagine in the midst of a prolonged state of emergency, wide-scale purges, and weakened democratic institutions.
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article
World Press Freedom Day 2017
Wednesday, May 03, 2017By Jordan Warlick, Staff Associate Although freedom of the press is recognized by democracies around the world as an essential and basic human right, emerging reports show that it is globally in decline, even in countries considered strong democracies. The recently published Freedom House 2017 Freedom of the Press Report and Reporters Without Borders’ 2017 World Press Freedom Index both indicate grim trends – Freedom House declares press freedom at its lowest point in 13 years, and Reporters Without Borders describes the “ever darker world map” it has published this year. The OSCE region is not uniform when it comes to freedom of the press. OSCE participating States include some of the freest nations in the world, like Norway and the Netherlands, alongside some of the least free nations, like Azerbaijan and Turkey. The worst-performing region in the aforementioned Freedom House report is Eurasia, while the best-performing is Europe, both of which are largely encompassed in the OSCE region. The central problems of media freedom are also varied between countries, from violence, intimidation, and incarceration of journalists; to emerging contempt for the media among politicians; to media outlet ownership and transparency issues. While some countries require more attention and monitoring than others, any conditions that impede on press freedom or that are considered harmful for journalists deserve attention. The OSCE Representative on Freedom of the Media was an office created in 1997 to do just that: monitor and assist participating States with compliance commitments on freedom of expression and free media. The most recent OSCE Representative on Freedom of the Media, Dunja Mijatović, was a fierce advocate for the rights of journalists across the OSCE. The OSCE participating States currently are in the process of selecting her successor, an appointment that requires consensus among the 57 OSCE participating States. This office’s function as a watchdog for violations and deteriorating conditions for media has been critical to bringing attention to issues and cases that may otherwise go unnoticed. Still, undemocratic regimes, changing political tides in the region, and the evolving landscape of journalism present ongoing challenges. Over the last week alone, the Helsinki Commission has held three different events where media freedom has been an important topic of discussion: a hearing on human rights abuses in Russia; a briefing on Russian human rights violations of Ukrainian citizens; and a briefing on human rights in Turkey after its referendum on changes to the constitution. At the hearing on human rights in Russia, each witness brought attention to the Kremlin’s control of the media and persecution of independent journalists. The briefing on Russian human rights violations against Ukrainian citizens focused on the incarceration of filmmaker Oleg Sentsov, but highlighted other cases of imprisoned journalists such as Roman Sushchenko of Ukrinform News and Mykola Semena, a contributor to Radio Free Europe. On Turkey, Freedom House panelist Nate Schenkkan described the severe restrictions on access to information and underscored Turkey’s status as the number one jailer of journalists in the world. If there is any hope for the future of press freedom in these countries where media is especially unfree, it is in the passion and talent of journalists who are committed to holding their governments accountable despite the risks. It is vital that the United States continue to be an exemplar of and advocate for freedom of the press, enshrined by our founders in the First Amendment in recognition of its importance for democracy, for other countries around the world.
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briefing
Turkey Post-Referendum: Institutions and Human Rights
Tuesday, May 02, 2017Human rights abuses by the Turkish government have proliferated under the state-sanctioned emergency measures imposed in the aftermath of the July 2016 failed coup attempt. Turkish authorities have fired as many as 130,000 public workers, including teachers, academics, police officers, and soldiers, and thousands have been arrested. Hundreds of journalists have had their credentials revoked and dozens of media outlets have been shut down. Human rights groups have documented widespread reports of intimidation, ill-treatment and torture of those in police custody. On April 16, 2017, Turkey held a referendum on a package of amendments that transforms the country’s institutions in major ways. The position of prime minister was eliminated and the executive powers of the president were expanded, enabling him to appoint ministers without parliamentary approval, exert more influence over the judiciary, and call early elections. Coming on top of the post-coup crackdown, how will Turkey’s changing institutions affect human rights in the country? Panelists at the briefing discussed how U.S. policymakers can most effectively encourage the protection of human rights to promote the interests of the Turkish people given the strategic importance of the U.S.-Turkey bilateral relationship.
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article
Political Prisoners in Russia
Tuesday, May 02, 2017Principle VII of the 1975 Helsinki Final Act recognizes the right of individuals to know and act upon their human rights and fundamental freedoms, including freedom of thought, conscience, religion or belief, without distinction as to race, sex, language or religion. The following individuals who were profiled in the Helsinki Commission's April 2017 hearing, "Democracy & Human Rights Abuses in Russia: No End in Sight," illustrate the many cases of political prisoners in Russia today. Dmitry Buchenkov – Buchenkov was charged under Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”) for his participation in the 2012 Bolotnaya Square protests against fraud in the 2011 presidential elections. He was arrested in December 2015 and is currently under house arrest. He is recognized by Memorial as a political prisoner not only because the alleged offense did not take place, but also due to the lack of a fair trial and the disproportionate use of pretrial detention in light of the charge against him. His case illustrates the prosecution of individuals for engaging in nonviolent public protest against the government in general and the Bolotnaya Square cases in particular. Oleg Navalny – Navalny was charged under Article 159 (“swindling on a large scale”), article 159.4 (“swindling on a particularly large scale in the entrepreneurial sphere”), and article 174.1.a (laundering of funds on a large scale acquired by a person through a crime committed by him”). He was sentenced to 3 ½ years in a closed proceeding, Memorial considers him a political prisoner because the alleged offense did not take place and he was not given a fair trial. In reality, Oleg Navalny was targeted because he is the brother of prominent political activist Alexei Navalny. It appears the authorities are unwilling to make a martyr out of Alexei Navalny but seek to exert pressure on him by persecuting his brother. Oleg Navalny’s case illustrates the willingness of the government to target family members as a means of exerting pressure on political activists, which is specifically prohibited under the OSCE 1989 Vienna Concluding Document. Darya Polyudova – Polyudova was charged under article 280 of the Russian criminal code (“public appeals for extremist activity” and “public appeals for actions aimed at a violation of the territorial integrity of the Russian Federation”) in connection with her participation in preparation for a march that did not take place. In reality, she was indicted for criticizing Moscow online for its support of Russia-backed separatists in Ukraine's east. She is recognized as a political prisoner because the offense did not take place, her right to a fair trial was violated, and the government disproportionately used pretrial detention given the nature of the charges. She was sentenced to two years in prison, becoming the first person in Russia convicted under a 2014 law criminalizing calls for separatism on the Internet. Her case illustrates the government’s prosecution of Russian nationals who criticize Russia’s actions and policies in Ukraine. Sergei Udaltsov – Udaltsov was charged under Article 30 of the Russian criminal code (“preparation of actions aimed at organizing mass riots”) and Article 212 (“organization of mass riots”) after participating in the Bolotnaya Square protests. He has been arrested multiple times before for protesting against the government. Memorial recognizes him as a political prisoner on the grounds that he was charged with an offense that did not take place; his right to a fair trial was violated; and the government disproportionately used pretrial detention. He was sentenced to four years and six months in prison. Ivan Nepomniashchikh – Nepomniashchikh was charged with Article 212 of the Russian criminal code (“participation in mass riots”) and Article 318 (“use of force against a representative of the authority”). He is recognized as a political prisoner on the grounds that he is being prosecuted for exercising his right to freedom of assembly; he is being charged with an offense that did not take place; he was not allowed a fair trial; and the government disproportionately used pretrial detention. He is another example of those being prosecuted for participating in the Bolotnaya Square protests against the 2011 fraud in the presidential election. Alexei Pichugin – Pichugin was charged under Article 162 of the Russian criminal code (“robbery”) and Article 105 (“murder”). At a closed trial, Pichugin, the former head of internal economic security for the Yukos Company then headed by Mikhail Khodorkovsky, was sentenced to life imprisonment in a special-regime penal colony. He has been in prison since 2003 and is recognized as a political prisoner on the grounds that his prosecution was conducted without a fair trial. The European Court on Human Rights also has held that Pichugin was denied a fair trial. Oleg Sentsov – Senstov is a Ukrainian filmmaker imprisoned in Russia since 2015, and was the focus of a separate Helsinki Commission briefing. Sentsov was arrested in the Russian-occupied Crimean territory of Ukraine and charged under Article 205.4 of the Russian criminal code (“organization of a terrorist group”), Article 205 (“terrorist act committed by an organized group”), Article 30 in connection with Article 205 (“preparation of a terrorist act”), Article 30 in connection with Article 222 (“attempted illegal acquisition of firearms and explosive devices”), and Article 222 (“illegal acquisition and storage of far arms and explosive devices”). He was accused of planning an attack on a monument to Lenin, a charge he denies. He was sentenced in a Russian military court to 20 years in a strict regime penal colony for terrorism. Other Illustrative Cases Alexander Kolchenko – Kolchenko, a Crimean activist, was charged under article 205 of Russia’s criminal code (art. 205.4 part 2: "Participation in a terrorist organization," and art. 205, paragraph "a," part 2: "A terrorist act conducted by a terrorist group"). He refuted the accusations of terrorism. Mr. Kolchenko was detained in May 2014, in Simferopol, Crimea, shortly after Russia took control over the peninsula. On August 25, 2016, the North Caucasus District Military Court of Russia sentenced Mr. Kolchenko to 10 years of imprisonment in a strict-regime colony. He is serving his sentence in the Chelyabinsk Oblast, in the city of Kopeysk, a facility notorious for its poor treatment of convicts. Mr. Kolchenko is recognized as a political prisoner by Russia’s Memorial watchdog group. Mykola Semena (under a travel ban) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care. Roman Sushchenko (in pre-trial detention) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko. Memorial, a Russian organization established to report on the crimes of Stalinism, documents cases of political prisoners as well as cases of those persecuted for their faith.This information was compiled by Helsinki Commission staff from Memorial, the U.S. Department of State Country Report on Human Rights Practices, and news sources. The U.S. Commission on International Religious Freedom also tracks cases of individuals imprisoned in connection with their faith.
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in the news
How the State of Russian Media Becomes the State of International Media
Friday, April 28, 2017It was a bad week for reports on freedom of the media in Russia. On Wednesday, Reporters Without Borders released its 2017 world press freedom index. Russia came in at 148, after such bastions of independent media as South Sudan and Thailand. On Thursday, a Ukrainian human rights delegation briefed the Helsinki Commission on the case of Oleg Sentsov — a Ukrainian filmmaker imprisoned in a Siberian penal colony for his opposition to the annexation of Crimea — and abuses of Ukrainian journalists and creative professionals more broadly. On Friday, Freedom House unveiled its Freedom of the Press 2017 report. That report gives Russia partial credit for the world’s 13-year low in press freedom. “Vladimir Putin’s regime in Russia has been a trailblazer in globalizing state propaganda. It continues to leverage pro-Kremlin reporting around the world,” the report states. The three taken in tandem tell a story — one in which violence against journalists in Russia and the region is connected to violence against journalism around the world. Consider the case of Oleg Sentsov. In 2015, Sentsov was sentenced to 20 years in prison for planning terrorist attacks in Crimea. In his trial, he said he had been tortured. The international human rights community believes this to have been payback for the filmmaker’s outspoken stance against the annexation of Crimea (it is also worth noting that Russia treated Sentsov, a Ukrainian, as though he were a Russian citizen; after the annexation of Crimea, Russia considered all who did not explicitly apply for Ukrainian citizenship to be Russian, to which Sentsov objected in court by saying, “I am not a serf to be transferred with the land”). Russian-backed media reported it as a terrorism case. And so the case contains both the physical threat that looms over journalists and creative types who fail to parrot the party line and also the threat that Russian state-backed media can pose to understanding in the wider world. “Many people perceive [Russian state-backed media] not as propaganda, but as an alternative point of view,” Natalya Kaplan, Sentsov’s cousin, told Foreign Policy in an interview before heading to the Helsinki Commission briefing. “They tend to trust what Russian propaganda says.” In the case of Sentsov, that means some outside of Russia (to say nothing of those in it) thought he was neither filmmaker nor terrorist, but some combination of the two. Americans can no longer tell the difference between actual fake news and fake fake news, Ukrainian PEN member Halya Coynash told FP. “The thing is that you really think the media and information you get from Russian media, it is media. Which is wrong. We have state media, and state media are part of [the] strategy of [the state],” said Mustafa Nayyem, journalist turned Ukrainian member of parliament. Alternative facts are not facts, and false equivalences are not equivalent. But consumers of Russian state-backed media around the globe can be duped into treating them as such, Nayyem said. He argued Russia presents reality and a bold-faced lie as though they are but two different perspectives, the truth of which lies somewhere in the middle, for viewers to decide for themselves. “We know that [Sentsov] never was involved in some attacks, or in some revolution, in terroristic things. He’s a filmmaker, and his movies are recognized internationally. The lie is that this guy was a terrorist, and no one even tried to understand the basis of this [accusation] … There is guy: a filmmaker, and a terrorist. What is true? They think that maybe he’s some filmmaker-terrorist. It’s insane.” Nayyem ardently believes those who want to protect freedom of media and speech need to build up conventions regulating what are accepted as media outlets and news. But there’s a thin line between banning propaganda and furthering censorship and repression. Russia’s independent Dozhd (TV Rain), for example, was recently banned in Ukraine for reporting that Crimea is part of Russia. “Recent democratic gains have bolstered media freedom overall,” the Freedom House report states, “but restrictions on Russian outlets and attempts to foster ‘patriotic’ reporting raise questions about the government’s commitment to media autonomy.” And besides, even Ukrainians, more prepared for Russian media influence than their western counterparts, are not entirely immune. “The Russian media are much better funded” than their Ukrainian counterparts, Kaplan said, and it takes time and resources to counter reports put out by the Russian state-backed media machine. “Even my Ukrainian friends who live in Kiev, after watching two hours of Russian TV, start to question themselves. ‘Am I a fascist?’” Kaplan does not, at present, see much reason for optimism. While it was a bad week for reports on the state of Russian media, it was inevitably a much worse week for those trying to correct or improve it. “Journalism in Russia is dead. It happened quite a while ago,” Kaplan said. “There are small islands of freedom of speech in Russia,” she said, but they aren’t on TV, and they aren’t available to those who don’t know how to access certain sites. Besides, she said, the sophisticated propaganda machine will figure out how to move onto the internet, too. “Russian journalists face the biggest challenge. Their job is simply to survive.” Hanging in the air is the idea that, at present, surviving is actually journalism’s job, too.
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briefing
Oleg Sentsov and Russia's Human Rights Violations against Ukrainian Citizens
Thursday, April 27, 2017On April 27, the U.S. Helsinki Commission held a briefing focusing on human rights violations against Ukrainian citizens. In particular, this hearing was used as a platform to raise awareness for Oleg Sentsov, a political prisoner being held in Siberia. Sentsov was honored by PEN America this year with their 2017 Freedom to Write award for his work exposing Russian human rights violations. Panelist included Natalya Kaplan, cousin of Oleg Sentsov and campaigner for his freedom, and journalist in Kiev; Mustafa Nayyem, Member of Ukrainian Parliament and former journalist and early organizer of the 2013 Euromaidan protests; and Halya Coynash, spokesperson for Kharkiv Human Rights Protection Group. The panelists provided much context and background detailing Sentsov and others’ cases. Natalya Kaplan spoke to the audience about the terrible conditions her cousin faces in Siberia, including torture, while Mustafa Nayyem spoke about the need to pressure Russia publically to end these human rights abuses. Halya Coynash reminded the audience of the severity of this case by highlighting that Sentsov was the first Ukrainian to be so brazenly imprisoned after the Russian occupation of Crimea; in her eyes, this was the first time the full force of Russian government had been used to fabricate charges and host a show trial against a Ukrainian. The panelists agreed that the media freedom situation in Russian-occupied territory is dire and only growing worse. Of greatest concern was the length to which Russia is willing to go in their efforts to arrest and prosecute journalists. Russia also sets a dangerous precedent with its recent attempts to foist Russian citizenship onto Ukrainians in Crimea, in efforts to undermine international court rulings and give legitimacy to its actions. When it comes to monitoring the human rights situation in Ukraine, the panelists expressed concerns with the lack of access to political prisoners and the inability to target individual Russians involved in creating the sham trials. The panelists believed that the ability to target individuals involved in these trials would be extremely helpful in de-escalating the situation, and they made many references to the Magnitsky Human Rights Accountability Act. Overwhelmingly, the response to these issues was a desire to work with Congress to strengthen and update the Magnistky Act, as well as broaden civil society and NGO engagment. Mustafa Nayyem expressed hope that NGOs, such as PEN America, would play a more pivotal role in helping prevent future repression. News articles following the briefing expressed hope that there would be work within Congress to better address issues involving Ukrainian political prisoners.
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press release
Helsinki Commission Calls for Proclamation Recognizing Importance of Helsinki Final Act
Wednesday, April 26, 2017WASHINGTON—Helsinki Commission Chairman Senator Roger Wicker (MS) today introduced a bipartisan Senate resolution urging President Trump to recognize the importance of the Helsinki Final Act – the founding document of today’s Organization for Security and Cooperation in Europe (OSCE) – and its relevance to American national security. The resolution was cosponsored by all other Senators currently serving on the Helsinki Commission: Sen. Ben Cardin (MD), Sen. John Boozman (AR), Sen. Cory Gardner (CO), Sen. Marco Rubio (FL), Sen. Jeanne Shaheen (NH), Sen. Thom Tillis (NC), Sen. Tom Udall (NM), and Sen. Sheldon Whitehouse (RI). “Peace and prosperity in the OSCE region rest on a respect for human rights and the preservation of fundamental freedoms, democratic principles, and economic liberty. Unfortunately, the commitment to these ideals by some OSCE participating States is eroding,” Chairman Wicker said. “The shrinking space for civil society in many nations has become reminiscent of the Communist era – a time when many Helsinki Monitoring Groups were violently persecuted for their courageous support of basic human rights,” he continued. “With its actions in Ukraine and Georgia, the Russian Federation in particular has demonstrated how closely such internal repression can be tied to external aggression. We were reminded of these abuses in this morning’s Helsinki Commission hearing. I urge the President to make it clear that Helsinki principles are vital not only to American national interests but also to the security of the OSCE region as a whole.” “What was remarkable about the Helsinki Final Act was the commitment that these standards we agreed to would not only be of internal interest to the member country, but that any country signatory to the Helsinki Final Act could challenge the actions of any other country,” said Ranking Commissioner Cardin, who is also Ranking Member of the Senate Foreign Relations Committee. “We have not only the right but the responsibility to call out countries that fail to adhere to the basic principles that were agreed to in 1975.” Defining security in a uniquely comprehensive manner, the Helsinki Final Act contains 10 principles guiding inter-state relations, among them respect for human rights and fundamental freedoms, including the freedom of thought, conscience, religion, or belief (Principle VII). Other principles include respect for sovereign equality (Principle I), the territorial integrity of states (Principle IV), and states’ fulfilment in good faith of their obligations under international law (Principle X). S.Con.Res.13 encourages President Trump to reaffirm America’s commitment to the principles and implementation of the Helsinki Final Act. The resolution also calls on the President to urge other participating States to respect their OSCE commitments and to condemn the Russian Federation's clear, gross, and uncorrected violations of all 10 core OSCE principles enshrined in the Helsinki Final Act.
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hearing
Democracy & Human Rights Abuses in Russia: No End in Sight
Wednesday, April 26, 2017The U.S Helsinki Commission held a hearing on Wednesday on “Democracy and Human Rights Abuses in Russia: No End in Sight.” It was the first hearing in the 115th Congress focused on internal human rights repression in Russia. Vladimir Kara-Murza, vice-chairman of pro-reform movement Open Russia; Rachel Denber, Deputy Director of the Europe and Central Asia Division at Human Rights Watch; and Dr. Daniel Calingaert, Executive Vice President of Freedom House, testified about the crisis of Russian democracy and the country’s worsening human rights record under President Vladimir Putin. In his opening statement, Mr. Kara-Murza underscored the necessity for the OSCE participating States to give an honest assessment about what is happening in Russia, where the number of political prisoners now exceeds a hundred people (a number that has doubled in less than a year). Mr. Kara-Murza, a vocal critic of the Kremlin who has survived two poisoning attempts, estimated that more than 30 activists have been murdered by the Putin regime since Vladimir Putin assumed power in 2000. He also called for an end to impunity for human rights violations in Russia. “The U.S. does have a mechanism for such accountability in the Magnitsky Act that provides for targeted sanctions on human rights abusers. This law should continue to be implemented to its full extent,” Mr. Kara-Murza said. His concerns were echoed by Human Rights Watch’s Rachel Denber, who noted that today, “Russia is more repressive that it has ever been in the post-Soviet era.” At Chairman Wicker’s request, Ms. Denber provided detailed information about each of the Russian political prisoners who were featured on posters in the room, and also spoke at length about the repression of gay men in Chechnya. Dr. Daniel Calingaert of Freedom House highlighted the fact that Mr. Putin was the primary author of the modern authoritarian’s playbook, which has subsequently been replicated by many autocratic rulers in the region. “His methods for suppressing civil society and political opposition have inspired other dictators, and his media manipulation has impacted most of Eurasia directly and extended to Europe and the United States,” Dr. Calingaert said. However, despite the grim situation, Mr. Kara-Murza voiced some optimism about the future. “Increasingly, the young generation in Russia – the very generation that grew up under Vladimir Putin – is demanding respect and accountability from those in power,” he said. Mr. Kara-Murza pointed to a wave of anti-corruption demonstrations that took place in dozens of cities across Russia in late March, with tens of thousands of people, mostly young protesters, taking out to the streets to demand the resignation of Prime Minister Dimitriy Medvedev. “This movement will continue. And these growing demands for accountability are the best guarantee that Russia will one day become a country where citizens can exercise the rights and freedoms to which they are entitled,” he added.
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press release
Helsinki Commission To Hold Briefing on Russia’s Human Rights Violations against Ukrainian Citizens
Wednesday, April 19, 2017WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the following briefing: OLEG SENTSOV AND RUSSIA’S HUMAN RIGHTS VIOLATIONS AGAINST UKRAINIAN CITIZENS Thursday, April 27, 2017 3:00 PM Senate Visitors Center (SVC) Room 210 In May 2014, Ukrainian filmmaker Oleg Sentsov – an outspoken opponent of Russia’s takeover of his native Crimea – disappeared from his hometown of Simferopol only to resurface in Russian custody in Moscow. Convicted on charges of terrorism that the human rights community has condemned as fabricated, Sentsov is now serving a 20-year sentence in a Siberian penal colony. His case not only stands as a marker for Russia’s reach in silencing dissent abroad, but also illuminates broader issues of Russia’s illegal occupation of Crimea and Eastern Ukraine, and human rights violations against Ukrainian citizens. The Helsinki Commission briefing will present three perspectives on this disturbing situation and its broader context: from Sentsov’s cousin and chief champion; from a human rights defender investigating cases in the region; and from a member of the Ukrainian parliament. The following panelists are scheduled to participate: Natalya Kaplan, cousin of Oleg Sentsov and journalist in Kiev Mustafa Nayyem, Member of Ukrainian Parliament; former journalist and early organizer of the 2013 Euromaidan protests Halya Coynash, Spokesperson, Kharkiv Human Rights Protection Group
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press release
Human Rights Abuses in Russia Focus of Upcoming Helsinki Commission Hearing
Tuesday, April 18, 2017WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced a hearing to examine the grim state of human rights and democracy in the Russian Federation. DEMOCRACY & HUMAN RIGHTS ABUSES IN RUSSIA: NO END IN SIGHT Wednesday, April 26, 2017 9:30 AM Dirksen Senate Office Building Room 124 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce042617 Russia’s overt external aggression against countries such as Ukraine, its support for the Assad regime in Syria, and its efforts to disrupt western democracies are made possible by the internal repression of its own people. For example, Russia has not had a free and fair election since March 2000. Opposition activists are routinely assaulted or even murdered, giving rise to a new term: “Sudden Kremlin Death Syndrome.” Political prisoner numbers now match those of the late Soviet era, and on March 26, tens of thousands of people in cities across 11 time zones protested widespread government corruption, with more than 1,000 arrested. More nationwide protests are expected on June 12, the national holiday of the Russian Federation. The following witnesses are scheduled to testify: Vladimir Kara-Murza, Vice Chairman, Open Russia Rachel Denber, Deputy Director of the Europe and Central Asia Division, Human Rights Watch Daniel Calingaert, Executive Vice President, Freedom House
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in the news
Wicker: Celebrate First Amendment Religious Freedoms
Tuesday, April 11, 2017The First Amendment to our Constitution is a powerful expression of our right to the “free exercise” of religion. Americans can practice their faith without fear of persecution – a freedom that is not found in all parts of the world. For Christians in the United States, the prevalence of religious persecution worldwide is especially heartbreaking as we approach Easter Sunday. We are reminded of the suicide bomber who targeted Christians on Easter Sunday last year in Pakistan, killing more than 70 and injuring hundreds. Sadly, this violence is not isolated. Pakistan ranks fourth on this year’s World Watch List created by the nonprofit group Open Doors USA. The list names 50 countries that have extreme, very high and high persecution of Christians. North Korea ranked first. I currently serve as chairman of the U.S. Helsinki Commission, an agency comprised of members of Congress and federal officials to promote security and human rights in 57 countries in North America, Europe and Eurasia. The persecution of Christians and religious minorities remains a significant concern for the commission. In Syria, the Islamic State has waged a genocide against Christians, forcing thousands from their homes and destroying religious sites. In Russia, the government’s recent attempt to ban Jehovah’s Witnesses from practicing their faith is yet another affront to religious freedom in a country known for trampling human rights. Russia’s actions refute the international agreement that the U.S. Helsinki Commission seeks to uphold. I have consistently supported legislative measures to protect Americans’ constitutional freedoms, including the exercise of religion. Political agendas should not encroach these rights. During the Obama administration, for example, I championed legislation that would allow military chaplains to refrain from performing marriage ceremonies if it would violate their conscience to do so. The religious expression of our military men and women is deserving of respect. The same respect should be afforded to all Americans by our government agencies. I am encouraged by recent reports that President Trump is considering an executive order that would require federal agencies to protect the freedom of religion in their actions and policies. Earlier this month, I sent a letter with 17 other senators to President Trump expressing our support for this executive action and the need for federal agencies to follow the rule of law. The letter reminds the President of attempts by the Obama administration to infringe on the rights of faith-based charities like the Little Sisters of the Poor. Obamacare forced the group either to pay a fine or offer services that they opposed for deeply held religious reasons. A Supreme Court ruling reaffirmed the religious liberty of the Little Sisters, just as it did for the owners of Hobby Lobby, who also raised religious objections to the health-care law. Our founding documents built a foundation for religious liberty that is admired around the world. It is up to us to ensure that this foundation does not crumble. Roger Wicker is a U.S. Senator from Mississippi. Contact him at 330 W. Jefferson St., Tupelo, MS 38803 or call (662) 844-5010.
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in the news
Russian Supreme Court Considers Outlawing Jehovah's Witness Worship
Tuesday, April 04, 2017The Russian Supreme Court could declare the Jehovah's Witnesses an extremist organization in a Wednesday hearing, a move that would lead to the seizure of the church's headquarters near St. Petersburg and the outlawing of the group’s organized worship. In advance of the hearing, international concern has grown. “If the Supreme Court rules in favour of the authorities, it will be the first such ruling by a court declaring a registered centralized religious organization to be ‘extremist,’” the UN human rights’ high commissioner's office said in a statement on Tuesday. The ruling would also cap off years of increased restrictions by the Russian Federation against minority religions. Last summer, Russia introduced an anti-terrorism law that also restricted evangelism, and a regional court ordered the deportation of six missionaries with the Church of Jesus Christ of Latter-day Saints. In 2015, a court banned the Church of Scientology’s Moscow branch. Under a Russian law passed in 1997, there is freedom of religion, but four faiths are designated to be traditional—Orthodox Christianity, Islam, Judaism, and Buddhism—and other religious organizations must register with the government. Some groups, like Jehovah’s Witnesses, who are registered, still face bureaucratic and legal hurdles. Jehovah's Witness leaders estimate that there are 175,000 Russian-based adherents to the faith, which was founded in the United States the 1870s. Unlike Catholic, Protestant, and Orthodox Christians, Jehovah’s Witnesses believe that Jesus is the son of God but do not believe in the Trinity. “They would basically be prosecuting Jehovah’s Witnesses as criminals,” David Semonian, international spokesperson for the Jehovah’s Witnesses, says of the pending court declaration. “Anyone who would actually would have our publications could be criminalized. It is of great concern.” Jehovah’s Witnesses have filed a counter claim asking the court to rule the Justice Ministry’s actions as political repression. A ruling in favor of the ministry would make it a crime for Jehovah’s Witnesses to worship in the Russian Federation and dissolve the faith’s legal means to own or rent Kingdom Halls, their places of worship. In 2015, the Russian Federation banned the Jehovah’s Witnesses’ website JW.org, and customs officials stopped shipments of Jehovah’s Witnesses’ Bibles, citing the possibility they were extremist literature. Last year, Russia threatened to close the group’s national headquarters. Roman Lunkin, a human rights fellow at the Wilson Center and an expert on church-state relations in Russia, says that Russian authorities have been targeting minority religions as “extremists” in an effort to demonstrate support for the Russian Orthodox Church and to marginalize organizations with suspected pro-western sympathies. "The treatment of the Jehovah’s Witnesses reflects the Russian government’s tendency to view all independent religious activity as a threat to its control and the country’s political stability," the U.S. Commission on International Religious Freedom said in a statement on Tuesday. “Jehovah’s Witnesses are no threat to either the Russian Orthodox Church or to the Russian Government,” Semonian says. “The constitution guarantees freedom of worship, and that is all we are asking, to have the same rights as other religious groups have so we can go about our ministry in a peaceful way.” Jehovah’s Witnesses are pacifists, and their religious beliefs require them to abstain from political activity. They declare allegiance only to God, not to a state or political entity. They do not vote, lobby, protest, or join military. This lack of participation can be seen as a threat if a state demands nationalist and patriotic activity. “The persecution of the Jehovah’s Witnesses is very much tied to the resurgence of a new view of nationalism, where everything within the state is fine, but anything outside of the state has to be crushed,” Kristina Arriaga de Bucholz, a U.S. commissioner for International Religious Freedom appointed by House Speaker Paul Ryan, says. “A pacifist group that tells its members that their allegiance is to something outside of the government is immediately a group that will be perceived as dangerous to the regime.” Other minority Christian groups in Russia, like evangelicals, have not yet faced the same level of scrutiny. Lunkin says it is impossible to accuse evangelicals of extremist activity because their literature and Bible translation matches that of the Russian Orthodox Church. Jehovah’s Witnesses have their own translation of the Bible, and they also have their own magazine and educational materials. Evangelicals also have closer relationships with government officials, he says. “It’s [about] a protection of traditional religions, and the Orthodox identity of Russian people,” Lunkin says. “But in fact it is about protecting personal power, because the main fear is changing of regimes in Russia.” Jehovah’s Witness church leadership has reached out to the U.S. State department’s Office of International Religious Freedom, the U.S. Commission on International Religious Freedom, and the U.S. Helsinki Commission for aid. “We will do everything within our legal means to have the judgment reversed,” Semonian says. “Jehovah’s Witnesses are known worldwide for our peaceful activities, and under no circumstances would we ever resort to violence or any other activity that could be misunderstood or considered extremist.” Jehovah’s Witness leaders have also asked their eight million members worldwide to write letters to Russia officials, including President Vladimir Putin and Prime Minister Dmitry Medvedev, to ask them to intervene. Instructions tell writers to “be candid but respectful,” and to mention how the faith has benefited their families. “Keep in mind that ‘a mild answer turns away rage,’ and ‘a gentle tongue can break a bone,’” the instructions say, quoting the Biblical book of Proverbs. The decision will come as the U.S. Commission on International Religious Freedom is finalizing its annual report identifying countries of concern, its first such report for the Trump administration. The Commission is a bipartisan government advisory group that makes policy recommendations to the President, Congress, and the Secretary of State. Since 2009, the group has designated Russia as a “Tier 2” nation, on the watch list one step below countries of particular concern. “The fate of the Jehovah’s Witnesses is the fate of any religious group that does not pledge its allegiance to the Russian government,” Arriaga says. “April 5 will definitely mark a new chapter of religious persecution in post-Soviet Russia.”
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press release
Helsinki Commission Condemns Pending Legal Action against Jehovah’s Witnesses in Russia
Tuesday, March 28, 2017WASHINGTON—Following the Russian government’s request for its Supreme Court to effectively ban Jehovah’s Witnesses in Russia from worshipping, claiming that they are members of an “extremist organization,” Helsinki Commission Chairman Sen. Roger Wicker (MS), Co-Chairman Rep. Chris Smith (NJ-04), and Commissioner Rep. Richard Hudson (NC-08), issued the following statements: “It is wrong to apply flawed counterterrorism laws to those who seek to practice their faith,” said Chairman Wicker. “The Russian government is exploiting genuine threats of violent extremism to undermine what little religious freedom remains in that country. This distracts from real efforts to fight terrorism. I urge the Russian government to drop the case immediately.” “At stake in the upcoming court case is the legality and perhaps the survival of the Jehovah’s Witnesses—and in fact basic religious freedom—throughout the Russian Federation,” said Co-Chairman Smith. “If the Supreme Court of Russia declares this faith group an extremist organization, it is an ominous sign for all believers and it marks a dark, sad day for all Russians.” “As a staunch supporter of religious liberty, I am appalled by the Russian government treating an entire religious group as a threat to national security,” said Commissioner Hudson. “Religious affiliation should never be a justification for persecution.” On March 15, the Russian Ministry of Justice filed a formal court claim to label the Administrative Center of Jehovah’s Witnesses in Russia an extremist group and liquidate their national headquarters and 395 local chapters, known as “local religious organizations.” Should the Russian Supreme Court decide against the Administrative Center, 175,000 Jehovah’s Witnesses in Russia could face criminal prosecution for practicing their faith. According to the Helsinki Final Act signed by all 57 participating states of the Organization for Security and Cooperation in Europe – including Russia – “participating States will recognize and respect the freedom of the individual to profess and practice, alone or in community with others, religion or belief acting in accordance with the dictates of his own conscience.”
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press release
Helsinki Commission Leaders to Azerbaijan: Release All Political Prisoners
Monday, March 20, 2017WASHINGTON—On the traditional holiday of Nowruz, Helsinki Commission leaders called on the Azerbaijani government to immediately release all remaining political prisoners and honor its OSCE commitments to human rights, democracy, and the rule of law. “It is disappointing that President Aliyev released only a small number of political prisoners among several hundred pardons he issued prior to Nowruz,” said Helsinki Commission Chairman Sen. Roger Wicker (MS). “OSCE participating States commit to respecting freedom of expression, including the freedom to exchange information and views without interference from public authorities. The Government of Azerbaijan should uphold this commitment by releasing opposition figures, civil rights activists, journalists, and religious leaders who are currently in jail for peacefully exercising their rights. This is particularly true in the case of former presidential candidate Ilgar Mammadov, who recently entered his fifth year in prison on politically-motivated charges.” “President Aliyev’s pardons left dozens of human rights activists, journalists, and political dissidents languishing in prison and subject to mistreatment,” said Helsinki Commission Co-Chairman Rep. Chris Smith (NJ-04). “I call on President Aliyev to respect human rights and democracy in his country and immediately release all prisoners of conscience.” In 2016, the Government of Azerbaijan pardoned 148 inmates in the days leading up to Nowruz, including more than a dozen people identified as political prisoners by leading human rights organizations. This year, the Government issued pardons to more than 400 prisoners, but only four political prisoners were freed.
Mr. Speaker, troubling amendments to the current Kazakh law on religion await President Nursultan Nazarbayev's signature to enter into force. Both the lower and upper houses of the Kazakh parliament passed the amendments without any substantive modifications. As a result, if President Nazarbayev signs the legislation into law during the ten-day window, Kazakhstan would seriously undermine its commitments as a participating State in the Organization for Security and Cooperation in Europe (OSCE) to ensure the freedom of the individual to profess and practice their religion or belief. Introduced without public consultation in late November 2001, the amendments passed the lower house on January 17 and the upper house on January 31 of this year. The sudden rush to passage was surprising. Kazakhstan had been working with the OSCE Advisory Panel of Experts for Freedom of Religion or Belief to craft a law in harmony with its OSCE commitments. In fact, an earlier draft heavily criticized by the Advisory Panel was withdrawn in August 2001. The Advisory Panel issued a report on the latest draft on January 16, 2002, highlighting serious deficiencies in the text. However, it appears little heed was given to their critique. Reportedly, the executive branch pushed vigorously for legislation providing stricter controls on minority religious groups, which would explain the rapid consideration.
In response to these unfolding events, myself, Chairman Ben Nighthorse Campbell and six other Commissioners of the Commission on Security and Cooperation in Europe, the Helsinki Commission, wrote President Nazarbayev last week about these developments. The text of that letter, which I am submitting for the RECORD, highlights several, but not all problematic elements of the recently passed legislation. Of particular note are the increased hurdles for registration and vaguely worded articles, which could allow for arbitrary denials of registration for religious groups, and consequently their legal existence. Accordingly, there is great concern for the future of religious freedom in Kazakhstan, whether for Muslims or Christians. Mr. Speaker, in the letter we respectfully asked President Nazarbayev not to sign the amendments into law.
Our concerns are not based on mere supposition; related laws and regulations have been utilized to suppress faith communities in Kazakhstan. For example, this past summer Article 375 of the Administrative Code was introduced, requiring the registration of all religious groups and including language penalizing unregistered religious groups. Police have since justified several raids on religious meetings citing Article 375, resulting in harassment and imprisonment as well as reported beatings and torture. Actions late last year against unregistered Baptist pastors is an illustrative example. On October 27, 2001, Pastor Asylbek Nurdanov, a Baptist leader in the Kyzyl-Orda regional city of Kazalinsk, went to a police station after his church was raided for failing to register. Once there, he was reportedly severely beaten and stripped, with one officer attempting to strangle him with a belt. Another threatened to cut off his tongue with scissors if he did not renounce his faith. It was also reported that on November 10, Pastor Nurdanov was forcibly taken and detained in a psychiatric hospital in Kyzyl-Orda. While he was released on November 16, such abuse is unacceptable. Other reports of police harassment and detention of Baptist pastors who have not registered their faith communities also exist. For example, on September 25, 2001, the Aktobe public prosecutor initiated legal proceedings against Baptist Pastor Vasily Kliver on the charge of "evading the registration of a religious community.'' In October, Baptist pastor Valery Pak was jailed in Kyzyl-Orda for five days on the same charge. These reports of harassment, torture and detention indicate a serious failure to uphold Kazakhstan's human rights commitments as an OSCE participating State.
As is evident, our concerns about Kazakh authorities utilizing the proposed amendment's restrictive nature to harass, if not condemn, religious groups are borne out by past practice in Kazkahstan. Mr. Speaker, it is my hope that President Nazarbayev will honor the obligations his nation freely chose to uphold as a participating OSCE state and not sign the amendments into law. Mr. Speaker, I request that the text of the letter sent to President Nazarbayev last week be included in the Record.
January 30, 2002. His Excellency Nursultan Nazarbayev,
President of the Republic of Kazakhstan,
Astana, Kazakhstan.
Dear President Nazarbayev:
The OSCE Advisory Panel of Experts on Freedom of Religion and Belief issued a review of the proposed amendments on January 16, 2002. The review found the proposed amendments, while an improvement from an earlier draft withdrawn in August 2001, seriously deficient in many respects. In addition, the OSCE Centre in Almaty has stated the current religion law meets international standards and found no justification for initiating the new provisions. Therefore, we believe the remarks contained in the OSCE Advisory Panel critique should be followed fully. Problematic areas include, but are not limited to, permitting the registration of Muslim groups and the building of mosques only after a recommendation of the Spiritual Administration of Muslims of Kazakhstan. In addition, the number of individuals required to form a religious association would increase from 10 to 50, regardless of religion. Furthermore, the proposed amendments would permit dissolution of a religious group should individual members of the group commit repeated violations of the law. Each of these examples would allow the government to arbitrarily deny registration, and thereby legal existence, on specious legal grounds not in harmony with OSCE commitments. Reportedly, your government's justification for the new requirements in the current amendments, which create hurdles for registration, is to combat religious extremism. Yet the definition of "religious extremism'' in the amendments is vague and inherently problematic, potentially categorizing and prohibiting groups on the basis of their beliefs, rather than on their having committed illegal actions. Such vague language would allow the arbitrary interpretation of a group's beliefs and uneven implementation of the law.
Our fear of Kazakh authorities harshly employing new requirements against religious groups is not unfounded. While the existing religion law does not require registration of faith communities, Article 375 of the Administrative Code, a provision added last year, requires the registration of faith communities. Since the promulgation of that article, we have received several reports of unregistered groups being penalized through criminal sanctions, as well as individuals being beaten while in custody. The harassment, detention and beating of individuals for merely belonging to unregistered religious groups, as well as disproportionate criminal charges for an administrative violation, are in direct violation of OSCE commitments. In calling for these actions, we remind you of the 1991 Moscow Document in which the OSCE participating States declared that "issues relating to human rights, fundamental freedoms, democracy and the rule of law are of international concern'' and "are matters of direct and legitimate concern to all participating States and do not belong exclusively to the internal affairs of the State concerned.'' It is in this light that these requests are made. Last autumn, your government made a wise decision by choosing to honor its OSCE commitments and withdrawing the earlier version of the amendments. Recognizing the crucial importance that the very highest standards of religious freedom and human rights agreed to and proclaimed in various Helsinki documents be upheld, we respectfully urge you to take similar steps and not sign the amendments into law, should they pass the Senate without substantive modification.
Sincerely,
Ben Nighthorse Campbell, U.S.S.
Chairman
Christopher H. Smith, M.C.
Co-Chairman
Steny H. Hoyer, M.C.; Joseph R. Pitts, M.C.; Zach Wamp, M.C.; Robert B. Aderholt, M.C.; Alcee L. Hastings, M.C.; Louise McIntosh Slaughter, M.C.