A Call to OSCE Commitments in Aftermath of Turkish Referendum

A Call to OSCE Commitments in Aftermath of Turkish Referendum

Chair, U.S. Helsinki Commission
Senator Roger Wicker
Washington, DC
United States
Senate
115th Congress
First Session
Congressional Record, Vol. 163
No. 77
Thursday, May 04, 2017

Mr. 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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After decades of orientation towards international stabilization, humanitarian, and counterinsurgency mission sets, NATO has been refocused on European deterrence and defense following the Kremlin’s violent assault on Ukraine. In addition to condemning Russia’s invasion and supporting Ukraine via such measures as the Comprehensive Assistance Package, NATO plays a critical role in championing European collective defense and discouraging any expansion of conflict.    

  • Co-Chairman Cohen Calls for the Release of Political Prisoners in Belarus

    Washington – On the second anniversary of the sham presidential election in Belarus, the Helsinki Commission Co-Chairman and OSCE PA Special Representative on Political Prisoners Rep. Steve Cohen (TN-09) issued the following statement: “Two years ago today, Belarus’s autocrat Aleksander Lukashenko put up a show of an election that he had hoped would legitimize his unconstitutional power grab. Despite the many and well-documented cases of election abuse, the people of Belarus did not fall for the tricks of the one-man ruler of Belarus. They voted Lukashenko out, but, predictably, he refused to leave. He ignored the will of the people and chose vicious violence to suppress the peaceful dissent. “In the year following the unprecedented in scale peaceful rallies against the 2020 election results, Lukashenko’s troops arrested, tortured and imprisoned a reported 35,000 Belarusians for the simple act of demanding the government respect their choice and rights. He personally presided over the largest ever domestic repression that saw thousands behind bars and tens of thousands flee the country, including the opposition leader and likely legitimate winner absent election fraud, Sviatlana Tsikhanouskaya, who has been welcomed by neighboring countries. “Since that time, Lukashenko has continued a crackdown on civic participation in Belarus with arrests of civilians protesting the Russian war in Ukraine, changes to Belarus’s non-nuclear status, and the ongoing Lukashenko regime during last year’s March 25th anniversary of Belarus’s ‘Freedom Day,’ adding to the already sizeable number of politically motivated detainments in the country. “There are now close to 1200 individuals languishing in Belarusian prisons for speaking out against authoritarianism, corruption and war. Included among the political prisoners are: Syarhey Tsikhanouski, husband of Sviatlana Tsikhanouskaya and potential candidate against Lukashenko detained in May 2020; Roman Protasevich, journalist and opposition figure accused of inciting mass protests and detained after a false bomb threat forced the landing of Ryanair flight FR4978 destined for Lithuania in Belarus in May 2021; Sofia Sapega, Russian citizen and girlfriend of Protasevich who also was aboard Ryanair flight FR4978; Radio Free Europe/Radio Liberty Belarus Service journalists Ihar Losik, Andrey Kuznechyk and Aleh Kruzdzilovic; and Ales Bialiatski, founder of Viasna Human Rights Centre, a human rights organization based in Minsk that provides financial and legal support to political prisoners. These are but a few names representing political candidates, oppositionists, activists, journalists and other Belarusian and non-Belarusian citizens detained by Lukashenko’s regime. “Lukashenko must immediately order the release of all political prisoners and wrongfully detained individuals and stop the systematic violations of human rights.  I call on the U.S. Department of State and our allies abroad to work together during this time of heightened tension with Belarus and Belarus’s benefactor, Russia, to ensure the unjustly imprisoned Belarusians are released at the earliest date possible.”

  • CO-CHAIRMAN COHEN CALLS FOR THE RELEASE OF ALAA ABD EL-FATTAH

    WASHINGTON— Concerning Alaa Abd el-Fattah’s imprisonment, Helsinki Commission Co-Chairman and OSCE Parliamentary Assembly Special Representative on Political Prisoners Rep. Steve Cohen (TN-09) released a letter calling for Secretary Blinken to prioritize “the swift release of Mr. Abd el-Fattah”. The letter read in part: “In 2011, the people of Egypt achieved something remarkable – they ousted a corrupt regime and brought about a change in government through largely peaceful protests. Alaa Abd el-Fattah was one of the leaders of the movement that advocated this change. Through his writings and public appearances, he provided an intellectual backbone for the disparate groups that shared in the vision for a more democratic Egypt. “Tragically for him, this very purpose led to his arrest and conviction. Mr. Abd el-Fattah was arrested, then released to only be arrested again. He has been in prison for eight years now. His family reports they have irregular contact with him, and his physical condition has reportedly deteriorated.” “Mr. Abd el-Fattah is one of the many political prisoners in Egypt; yet his release would bring hope to them all. As the Organization for Security and Cooperation in Europe’s Special Representative for Political Prisoners – an organization to which Egypt is a Mediterranean Partner for Co-operation – I request that your department include among its immediate priorities in Egypt the swift release of Mr. Abd el-Fattah, and in the interim, urgently impress upon the Egyptian government the expectation of more humane conditions during his incarceration, including exercise time, freedom of movement outside of his cell, and reinstatement of half hour – if not longer – visits by his son and others.” “Alaa is not a danger to the Egyptian government and his only fault is being a true patriot of his country.”

  • Helsinki Commission Digital Digest July 2022

  • Wicker Stands in Solidarity With Russian Dissident

      WASHINGTON – Mr. President, I rise this afternoon to make sure that the plight of Russian leader Vladimir Kara-Murza is not forgotten. That the outrageous imprisonment of Vladimir Kara-Murza by the Russian dictator Vladimir Putin is not forgotten. We remember three decades ago what hope we had for a new Russia. Russia entered a new age of possibility some three decades ago, after more than 70 years of communist repression, the Soviet order had collapsed, and with it the Iron Curtain that kept freedom away from millions was torn down. As the red flags came down in Moscow, the free world watched with anticipation, hoping that democracy and the rule of law might finally take root in a free Russia. Regrettably, that has not happened. Instead of democracy and freedom, the Russian people got Vladimir Putin, a man who has used his office to murder, imprison, and force into exile anyone who threatens his grip on power -- all the while, enriching himself beyond anyone's wildest imagination while ordinary Russians, especially out in the countryside of Russia, live in squalid conditions. One of his latest victims is Vladimir Kara-Murza, a Russian patriot and a friend I had the privilege of hosting in my office just four months ago. As a matter of fact, I have hosted him several times. Today, Vladimir Kara-Murza spends his days in a prison cell, where the only thing you can see through the window is a barbed wire fence. What was his crime? He simply spoke the truth about Putin's war on Ukraine. His trial, if it can even be called a trial, was held in secret. No journalists, no diplomats or spectators of any kind were allowed to be there. And for his offense of talking about the Russian war against Ukraine, he now faces up to 15 years in prison. This is not the first time the Russian dictator has tried to silence him. Mr. Kara-Murza has been poisoned twice, in 2015 and 2017, and almost died in both cases. Since then, his wife and three children have had to live abroad, though he himself has chosen to spend most of his time in Russia. In a recent interview with National Review, his wife, Evgenia explained why he insists on working in Russia: “He believes that he would not have the moral right to call on people to fight if he were not sharing the same risks.” Or as Mr. Kara-Murza put it in a recent CNN interview the day of his arrest. He said, “The biggest gift we could give the Kremlin would be to just give up and run. That's all they want from us.” What a contrast in character to the man currently running the Kremlin. The National Review's story goes on to describe Mr. Kara-Murza's courageous work for democracy through the eyes of his wife of Evgenia, as well as the costs that he and his family have endured along with so many other Russian dissidents. And, Mr. President, I ask unanimous consent at this point to insert the National Review story that I referred to into the record. Mr. Kara-Murza’s imprisonment is part of Mr. Putin's larger assault on what remains of political freedom in Russia. In Mr. Kara-Murza’s words, Putin's regime has gone, “from highly authoritarian to near totalitarian almost overnight.” In March, Russian officials passed a new censorship law, forbidding all criticism of Mr. Putin's war in Ukraine. That law has been the basis for more than 16,000 arrests since the war began in February, including that of Mr. Kara-Murza. Another 2,400 Russians have been charged with administrative offenses for speaking out against the war. Meanwhile, Putin's propaganda machine is ramping up. Independent Russian media outlets have all but vanished, having been blocked, shut down, or forced out of the country by the Kremlin. The last embers of freedom in Russia are going cold. Putin's crackdown on domestic freedom began in 2003, when Mikhail Khodorkovsky was arrested on trumped up charges of tax fraud after he simply criticized the government. A former member of the elite, Mr. Khodorkovsky, had successfully led the Yukos Oil Company through privatization after the Iron Curtain fell. And contrary to the Kremlin's claims, the company consistently paid its taxes. But that didn't stop Vladimir Putin from plundering its assets, throwing Mr. Khodorkovsky in jail, where he stayed for ten years. I would note that just before his arrest, Mr. Khodorkovsky displayed the same courage and patriotism that we now see in Vladimir Kara-Murza. Like Mr. Kara-Murza, he knew very well he could go to jail for speaking out against the government. But Mr. Khodorkovsky did so anyway and refused to flee the country, saying, “I would prefer to be a political prisoner rather than a political immigrant.” Of course, by then, Mr. Putin had already shown himself willing to violate the international laws of war, having leveled the Chechen capital of Grozny in his own Republic of Russia in 1999. In 2008, he launched a new assault on international law with the invasion of Georgia. In 2014 he started a bloody war in eastern Ukraine, and in 2016, Soviet Russian dictator Putin and his forces attacked the Syrian city of Aleppo, killing hundreds of civilians and prolonging the rule of Bashar al-Assad. Meanwhile, Putin ramped up his attacks on domestic freedom as well. In 2015 Boris Nemtsov, leader of the democratic opposition, former deputy prime minister of Russia, was shot to death in broad daylight just yards away from the Kremlin. Three months later, Mr. Kara-Murza was poisoned for the first time. More recently, in 2020, Alexei Navalny, the current leader of the opposition, was himself poisoned and had to seek treatment in Berlin. This is Vladimir Putin's Russia today. When Navalny recovered, he chose to return to Moscow, knowing the risks, and immediately upon landing, he was arrested. This is the deplorable state of Russia and freedom under Vladimir Putin. Time and again, he has shown that he is bent on stamping out the aspirations of his people for freedom and the rule of law. As leader of the free world, America must continue to condemn Putin's lawless acts and stand in solidarity with our Russian friends, who are courageously fighting against all odds for a better future in Russia -- and are suffering as a result. These are modern day heroes: Alexei Navalny, Vladimir Kara-Murza, and we should not forget them. My friend, the distinguished senior senator from Maryland, Senator Cardin and I, along with Congressman Steve Cohen and Joe Wilson, are the four House and Senate leaders of the Helsinki Commission, which monitors human rights and former Soviet countries. We recently sent a joint letter to President Biden calling on the administration to name and sanction all of those who have been involved in the arrest, detention and persecution of Vladimir Kara-Murza. I issue that call again today, and I invite my colleagues from both parties to stand with Vladimir Kara-Murza and work for his release. Thank you, Mr. President. I yield the floor.  

  • Co-Chairman Cohen Deplores Arrest of Ilya Yashin in Russia

    WASHINGTON—In response to the arrest of Ilya Yashin, a Russian politician critical of Russia’s war in Ukraine, the Helsinki Commission Co-Chairman and OSCE PA Special Representative on Political Prisoners Rep. Steve Cohen (TN-09) issued the following statement: “Putin’s government has been engaged in a systematic assault on Russian citizens who dare speak the truth about Russia’s atrocities in Ukraine. Ilya Yashin, a Russian patriot and a fierce critic of the war in Ukraine, is one of the victims of this regime. “Ilya spoke out against the war despite the cynical law Russia has adopted that punishes people speaking the truth on this conflict with up to 15 years in prison. He was arrested on trumped-up charges and is facing a lengthy jail term for no crime other than publicly speaking out against Russia’s war in Ukraine. Ilya is a political prisoner and should be given all protections afforded by this status. The Russian government has a complete disregard for international law and customs but if they have an ounce of respect for their own laws, they will immediately release Ilya and other political prisoners.” Ilya Yashin, a co-founder of the Solidarity movement, is a member of a Moscow city district council. Throughout his career, he advocated for fair elections, rule of law, and democracy in Russia. Prior to his arrest, Mr. Yashin was one of the few Russian opposition activists who had not been killed, forced to flee, or imprisoned.

  • Co-Chairman Cohen Condemns Execution of Democracy Activists in Myanmar

    WASHINGTON—Following the execution of four democracy activists by Myanmar’s military junta, Helsinki Commission Co-Chairman and OSCE Parliamentary Assembly Special Representative on Political Prisoners Rep. Steve Cohen (TN-09) issued the following statement: “I strongly condemn the execution of these courageous activists by Myanmar’s unelected and illegitimate regime. These men—Kyaw Min Yu, Phyo Zeya Thaw, Hla Myo Aung, and Aung Thura Zaw—were political prisoners who were deprived of their right to due process and a chance to defend themselves. The junta sentenced them to death in secret trials, once again demonstrating the complete lack of respect for human life and common decency as well as a total disregard for rules-based order by which countries should abide. “The regime has jailed thousands, including the Nobel Peace laureate and State Counsellor Aung San Suu Kyi, after seizing power in a coup in February 2021. Following a series of closed-door hearings and a string of trumped-up charges and convictions each carrying additional sentencing, she was sentenced to a total of 11 years in prison as of April 2022.  In an obvious attempt to ensure she is jailed for life, she still faces added bogus charges that could see her imprisoned for more than 190 years by some reports. This is appalling and concerning as the recent executions confirm that the junta will not hesitate to murder political prisoners to further strengthen their rule of terror. “The world should unite to pressure Myanmar to release all political prisoners. At least 117 activists have been sentenced to death since the coup. We must do everything in our power to ensure that they do not face the grim fate of their four compatriots.”

  • Helsinki Commission Deeply Concerned Over Latest Electoral Reform Initiative in Bosnia and Herzegovina

    WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD) and  Co-Chairman Rep. Steve Cohen (TN-09) today expressed deep concern about an effort by the international community’s High Representative in Bosnia to impose changes on the country’s electoral system barely two months prior to general elections in early October. They issued the following joint statement: “We share the concerns of members of civil society, academia, and the political community in Bosnia and Herzegovina about the current proposal of the international community’s High Representative to make changes to Bosnia’s electoral system shortly before the upcoming general elections.  These changes effectively only benefit the leading ethnically-based political party among Bosnia’s Croats and further entrench the divisive force of ethnicity in Bosnian politics as a whole.  They fail to tackle the broader issues of citizen-based democracy that so obviously need to be addressed for the country to overcome destabilizing impasse and move forward. The timing of their introduction also is problematic. “The Helsinki Commission has long supported electoral reforms in Bosnia and Herzegovina that remove ethnicity from governance. Such reforms should be designed to give citizens a wider range of truly democratic choices, an ability to hold their elected official accountable, a deserved sense of stability, and needed hope for European integration.  We also have supported a more assertive role for the international community and its representatives in the country, including the Office of the High Representative, in responding to the lack of democracy and stability in Bosnia and Herzegovina. However, we believe that this specific action, if imposed now, will not represent the true progress Bosnia needs and may effectively make things worse.”

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