Belarus: Outpost of Tyranny

Belarus: Outpost of Tyranny

Hon.
Sam Brownback
United States
Senate
109th Congress Congress
First Session Session
Friday, March 04, 2005

Mr. President, over the course of the last few months, we have witnessed dramatic events in one of Europe's largest countries, Ukraine. The Orange Revolution has clearly shown that people power can bring about peaceful democratic change some thought was not possible in a former Soviet state. As a result, and with the support of the United States, Europe and international organizations such as the Organization for Security and Cooperation in Europe OSCE, Ukraine is on the path to freedom and democracy. Notwithstanding the formidable challenges that remain to overcome the legacy of the past, Ukraine now has a real chance at consolidating its democracy and further integrating into the Euro-Atlantic community.

 

Unfortunately, the news out of Belarus, Ukraine's neighboring fellow eastern Slavic country to the north stands in stark contrast to the encouraging news coming out of Ukraine. Secretary Rice, in her confirmation testimony, characterized Belarus, along with North Korea, Iran, Cuba, Burma, and Zimbabwe as an outpost of tyranny and asserted that America stands with oppressed people on every continent. Belarus, under Alexander Lukashenka's now 10-year repressive rule, has the worst human rights record of any country in Europe. Lukashenka's regime has increasingly violated human rights and freedoms and has made a mockery of commitments that Belarus freely undertook when it joined the OSCE in 1992.

 

Nothing has changed for the better since last October's fundamentally flawed parliamentary elections and rigged referendum allowing Lukashenka unlimited terms as president. In November, Lukashenka appointed Viktor Sheiman as head of the powerful Presidential Administration, despite credible evidence linking Sheiman to the disappearances of opposition leaders and a journalist in 1999 and 2000.

 

The harassment and persecution of civil society has intensified. A top opposition figure, Mikhail Marinich, was sentenced in late December on the charge of stealing, of all things, U.S. government property, in this case, computers, despite the fact that the U.S. Embassy in Minsk makes no claims against Marinich. Clearly, Lukashenka wants to eliminate Marinich as a potential candidate for the 2006 presidential elections.

 

Other opposition leaders, Valery Levaneuski and Alyaksandr Vasilyeu, continue to serve terms in a minimum security colony after having been found guilty of “public slander” of the Belarusian leader. Their crime? Distributing leaflets urging people to take part in an unauthorized rally. The leaflets contained a satirical poem about Lukashenka. Another example of Belarus' reluctance to promote human rights is the recent refusal to grant a visa to former OSCE Parliamentary Assembly Chairman and Romanian Foreign Minister Adrian Severin, who now serves as the UN Human Rights Commission's Special Rapporteur on Belarus. The Belarusian regime has also clamped down on independent NGOs and prodemocracy political parties with Kafkaesque legal requirements and has mounted a full-fledged assault on independent trade unions. Problems are being experienced by religious communities attempting to operate freely.

 

As Chairman of the Helsinki Commission, charged with monitoring and encouraging compliance by all 55 participating States with OSCE agreements, I call upon the Belarusian authorities to live up to their freely-undertaken commitments with respect to democracy, human rights and the rule of law. Last October, President Bush signed into law the Belarus Democracy Act, which had been introduced in the Senate by then Helsinki Commission Chairman Senator Campbell and in the House by commission co-chair Christopher Smith, stating:

 

We welcome this legislation as a means to bolster friends of freedom and to nurture the growth of democratic values, habits, and institutions within Belarus. The fate of Belarus will rest not with a dictator, but with the students, trade unionists, civic and religious leaders, journalists, and all citizens of Belarus claiming freedom for their nation.

 

It is essential that we in the Congress, together with the administration and the OSCE, keep faith with the courageous people of Belarus struggling to ensure freedom and democratic values for their long-suffering country.

Leadership: 
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After seeking the approval of the commission chairwoman, police finally unlocked the doors and allowed the observer to depart. These rules, as explained to us, were in place to prohibit any ballots from being brought into or out of the precinct. Based on the increasing grumblings of commissioners as night turned to early morning, this prohibition on leaving seemed to motivate commissioners to stay focused on their duties lest they risk witnessing another sunrise at their polling station. The OSCE’s post-election preliminary statement corresponded to our observation of a smooth, even festive in some cases, electoral process that complied with Ukraine’s domestic laws and fulfilled the country’s international commitments. Given the frequent opportunities Ukraine has had to exercise its democratic muscle in recent years, few on the international observation mission led by the OSCE expected anything but the free and fair process we witnessed. As the gold standard of international election observation, the OSCE’s recommendations over many electoral cycles have helped Ukrainian officials to improve the conduct of their elections. Further, praise from the OSCE following election day is powerful validation of the process in the eyes of Ukraine’s voters and gives other states a democratic model to emulate. No sooner had the election ended than the hundreds of thousands of electoral commissioners overseeing Ukraine’s nearly 30,000 local electoral precincts started to prepare for the presidential runoff election on April 21—this time with just two names on the ballot and a decisive outcome. These commissioners are the unsung heroes of a maturing democracy that is simultaneously at war in the East and on an irreversible path to the West. At least they will get a proper break before having to, once again, regroup and oversee Ukraine’s parliamentary elections expected to take place in the fall of this year.

  • Helsinki Commission Marks Fifth Anniversary of Illegal Referendum In Crimea

    WASHINGTON—Ahead of the fifth anniversary of the illegal Russian-organized referendum in Crimea, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Five years ago, the Government of Russia tried to legitimize its illegal occupation of Crimea by organizing a fake referendum in Ukrainian territory.  By orchestrating this so-called vote, the Kremlin blatantly flouted international law. By definition, citizens living under armed occupation lack the freedom to determine their collective destiny.  “This tragic anniversary also reminds us of the suffering this occupation continues to inflict on innocent Ukrainian citizens who have been forced to flee Crimea, as well as on those who remain behind. Ethnic minorities such as Crimean Tatars and activists who object to the illegal Russian occupation, including Oleg Sentsov, are targets of persecution and violence by the Government of Russia. “We will not forget; Crimea is Ukraine.”  Russian forces first invaded Crimea in February 2014. Since then, the Helsinki Commission has hosted numerous hearings and briefings on the war in Ukraine, including an April 2014 hearing with then-Assistant Secretary of State Victoria Nuland; December 2015 and November 2016 briefings on human rights violations in Russian-occupied Crimea; an April 2017 briefing on Oleg Sentsov and Russia's human rights violations against Ukrainian citizens; a May 2017 hearing on the growing Russian military threat in Europe; and briefings with Alexander Hug, then-Principal Deputy Chief Monitor of the OSCE Special Monitoring Mission to Ukraine, and Kurt Volker, U.S. Special Representative for Ukraine Negotiations.

  • Chairman Hastings Welcomes Release of Country Reports on Human Rights

    WASHINGTON—Following yesterday’s release by the State Department of the Country Reports on Human Rights Practices for 2018, Helsinki Commission Chair Rep. Alcee L. Hastings (FL-20) issued the following statement: “I welcome the release of this year’s Country Reports on Human Rights Practices. These reports, mandated by law and prepared by the Department of State, exemplify Congress’ intent to keep human rights front and center in U.S. foreign policy. As members of Congress consider foreign assistance and military aid, as we build alliances and take the measure of our foes,  these reports help ensure that democracy and fundamental freedoms are given full consideration.” The annual Country Reports on Human Rights Practices cover internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights and other international agreements. The State Department must submit these reports to Congress on an annual basis, in accordance with the Foreign Assistance Act of 1961 and the Trade Act of 1974, which require that U.S. foreign and trade policy take into account countries’ performance in the areas of human rights and workers’ rights.

  • Remembering Boris Nemtsov

    Madam President, on Sunday, February 24, thousands of people marched in Moscow and in cities across Russia to remember Boris Nemtsov, a Russian statesman and friend of freedom who was gunned down in sight of the Kremlin walls 4 years ago. These people were honoring a Russian patriot who stood for a better future--a man who, after leaving the pinnacle of government, chose a courageous path of service to his country and his fellow Russians. Boris Nemtsov was a man who walked the walk. When others were silent out of fear or complicity, he stood up for a future in which the Russian people need not risk jail or worse for simply wanting a say in how their country is run. Sadly, since Mr. Nemtsov's assassination, the risks of standing up for what is right have grown in Russia. With every passing month, ordinary citizens there become political prisoners for doing what we take for granted here in the United States--associating with a political cause or worshipping God according to the dictates of one's conscience. Last month alone, in a high-profile case, a mother was jailed for the crime of being a political activist in Russia. She was kept from caring for her critically ill daughter until just hours before her daughter died. Jehovah's Witnesses have been sentenced to years behind bars for practicing their faith. Also, a leader of a small anti-corruption organization was beaten to death with metal rods on the outskirts of Moscow. This was all just in February, and it is not even a comprehensive account of the Russian state's using its powers not against real enemies but against its own people--peaceful citizens doing what peaceful citizens do. As for the Nemtsov assassination, 4 years later, justice has yet to be served. It appears that President Putin and his cronies have little interest in uncovering and punishing the masterminds behind Russia's highest profile killing in recent memory. While a few perpetrators who had been linked to the Kremlin-appointed leader of Chechnya, Ramzan Kadyrov, were convicted and sent to prison, Mr. Nemtsov's family, friends, and legal team believe the organizers of his murder remain unidentified and at large. I understand that Russia's top investigative official has prevented his subordinates from indicting a close Kadyrov associate, Major Ruslan Geremeyev, as an organizer in the assassination, and the information linking Geremeyev to Mr. Nemtsov's murder was credible enough for a NATO ally to place Geremeyev on its sanctions list. Yet there has still been no indictment. Russian security services continue to forbid the release of footage from cameras at the site of the assassination. Russian legal authorities refuse to classify the assassination of a prominent opposition leader and former First Deputy Prime Minister as a political crime. Despite all of this, they have declared the case solved. Given this pattern of deliberate inaction on the part of Russian authorities, the need for some accountability outside of Russia has grown more urgent. Russia and the United States are participating States in the Organization for Security and Cooperation in Europe, or the OSCE, and have agreed that matters of justice and human rights are of enough importance to be of legitimate interest to other member states. Respect for these principles inside a country is often a predictor of the country's external behavior. So countries such as ours have a reason to be involved. At the recent meeting of the OSCE's Parliamentary Assembly, we began a formal inquiry into Mr. Nemtsov's unsolved murder and have appointed a rapporteur to review and report on the circumstances of the Nemtsov assassination as well as on the progress of the Russian investigation. As the chair of the U.S. delegation to the OSCE Parliamentary Assembly, I supported this process from its conception at an event I cohosted last July in Berlin. Yet, as the United States of America, there is more we can do. To that end, I am glad to cosponsor a resolution with my Senate colleagues that calls on our own government to report back to Congress on what we know of the circumstances around Boris Nemtsov's murder. This resolution also calls on the Treasury Department to use tools like the Magnitsky Act to sanction individuals who have been linked to this brutal murder, such as Ruslan Geremeyev. We hear constantly from Russian opposition figures and civic activists that personal sanctions, such as those imposed by the Magnitsky Act, have a deterrent effect. Vladimir Putin has made it abundantly clear that these sanctions, based on personal accountability, are more of a threat to his regime than blunter tools, such as sectoral sanctions, that often feed his propaganda and end up harming the same people we are trying to help in Russia—innocent citizens. To its credit, the Trump administration has done a better job than had the previous administration in its implementing of the new mandates and powers Congress authorized in both the Russia and Global Magnitsky Acts. We are in a much different place than we were when these tools were originally envisaged nearly 10 years ago. The administration is mandated to update the Magnitsky Act's list annually, with there being a deadline in December that sometimes slips into January. Now it is already March, and we have yet to see any new designations under the law that the late Mr. Nemtsov himself called the most pro-Russian law ever adopted in a foreign legislature. While the law has been lauded by Russian democrats, it is rightly despised by those like Vladimir Putin who abuse and steal from the American people. Recall that it was at the Helsinki summit late last summer between the leaders of Russia and the United States of America—perhaps the grandest stage in U.S.-Russian relations in a decade—where Mr. Putin himself requested that his investigators be able to depose U.S. officials most closely associated with passing and implementing the Magnitsky law, as if they were criminals. We need to show the Russian dictator that this sort of bullying will not stand and that we will continue to implement the Magnitsky Act thoroughly and fairly. A year ago, I participated—along with many of my colleagues in the House and Senate—in the unveiling of Boris Nemtsov Plaza in front of the Russian Embassy here in Washington, DC—the first official memorial to Boris Nemtsov anywhere in the world. One day, I hope there will be memorials to Boris Nemtsov all across Russia, but the best tribute to his memory will be a Russia he wanted to see, a just and prosperous Russia, at peace with its neighbors and a partner with the United States. I yield the floor.

  • Asset Recovery in Eurasia

    Asset recovery—the process of repatriating funds previously stolen by corrupt officials—remains one of the most contentious points in the fight against transnational corruption. Though only a small percentage of stolen funds are ever recovered, major questions exist about the best ways to ensure that repatriated funds don’t simply reenter the same patronage cycle from which they came. This briefing explored approaches to repatriation in Armenia, Ukraine, and Kazakhstan. Panelists discussed best practices and challenges in asset recovery as well as appropriate policy responses, both by the state in question and the international community, and compared the respective approaches of the three countries. Brian Earl, who worked the Pavlo Lazarenko case for years as a detective in the FBI, spoke of uncovering massive amounts of unexplained assets that were initially generated by fraudulent schemes in Ukraine but were scattered abroad. Earl underscored the importance of a multiparty investigation between authorities from the United States, Ukraine, and Switzerland in unearthing evidence of fraud against Lazarenko. Joint investigative liberty and resources were crucial to asset recovery efforts in the 1990s—resources he said were drastically reduced once attention was turned away from investigating capital flight from former Soviet states to antiterrorism efforts after the September 11 attacks. Professor Kristian Lasslet of Ulster University asked the question of what to do with restituted assets when the government to which the asset belongs may be part of the corruption scheme. Lasslet cited the example of Kazakhstan Two, in which seized assets flowed back into questionable hands by bungled efforts from the World Bank and the Swiss government. He contrasted the case with Kazakhstan One, in which asset recovery was handled well at arm’s length of parties that may be interested in funneling assets back into the cycle of fraud. Sona Ayvazyan of Transparency International Armenia offered optimism in the Armenian government’s renewed approach toward transparency and anticorruption efforts but warned of the serious lack of capacity on asset recovery infrastructure. Though the leadership may be serious about removing corruption, she spoke of a discredited judiciary that poses serious problems for Armenia’s future anticorruption policies. According to Karen Greenaway from the FBI (ret.), civil society and non-governmental societies must reassert their role in the conversation on asset recovery. She highlighted the severe lack in bureaucratic infrastructure for asset recovery in many nations afflicted with corruption—particularly Ukraine. The paradox, she asserted, was between the structure of corruption, which is designed to dissipate large quantities of money very rapidly, and the system to repatriate those assets, which is painfully slow and often lacking in resources.  

  • Wicker, Cardin Condemn Detention of Russian Activist Nastya Shevchenko

    WASHINGTON—Sen. Roger Wicker (MS) and Sen. Ben Cardin (MD) today issued the following statements on the detention of Anastasia (Nastya) Shevchenko, a human rights activist with the Open Russia organization, who was placed under house arrest on January 23: “No one should face jail time for peaceful advocacy,” said Sen. Wicker. “The callous and cruel treatment of Nastya Shevchenko by Russian authorities is a disturbing tactic to silence a citizen-activist.” “The Russian authorities must release Nastya Shevchenko,” said Sen. Cardin. “It should not be a crime to advocate for the best interests of one’s country and fellow citizens.” Shevchenko is the first Russian to face criminal charges under Russia’s 2015 “undesirable organizations” law, which is intended to prevent NGOs based outside of Russia from operating within the country. A single mother, she was prevented from visiting her critically-ill special needs daughter until shortly before her daughter’s death at the end of January. Open Russia is a Russian-led, Russia-based organization that advocates for greater government transparency and accountability. Amnesty International has declared Shevchenko a prisoner of conscience.

  • Helsinki Commission Briefing to Focus on Asset Recovery In Eurasia

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ASSET RECOVERY IN EURASIA Repatriation or Repay the Patron? Wednesday, February 13, 2019 10:00 a.m. Dirksen Senate Office Building Room 562 Live Webcast: www.facebook.com/HelsinkiCommission Asset recovery—the process of repatriating funds previously stolen by corrupt officials—remains one of the most contentious points in the fight against transnational corruption. Though only a small percentage of stolen funds are ever recovered, major questions exist about the best ways to ensure that repatriated funds don’t simply reenter the same patronage cycle from which they came. Is it possible to ensure that recovered assets actually serve the people from whom they have been stolen? This briefing will explore approaches to repatriation in Armenia, Ukraine, and Kazakhstan. Panelists will discuss best practices and challenges in asset recovery as well as appropriate policy responses, both by the state in question and the international community, and compare the respective approaches of the three countries. The following panelists are scheduled to participate: Sona Ayvazyan, Executive Director, Transparency International Armenia Bryan Earl, Retired Supervisory Special Agent/Assistant General Counsel, Federal Bureau of Investigation Karen Greenaway, Retired Supervisory Special Agent, Federal Bureau of Investigation Kristian Lasslett, Professor of Criminology and Head of School, Ulster University

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