Helsinki Commission Briefing to Examine Swiss Enabling of Russian OligarchsFriday, April 29, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: RUSSIA’S SWISS ENABLERS Thursday, May 5, 2022 10:00 a.m. Register: https://ushr.webex.com/ushr/j.php?RGID=r72f85e0c40a09b609b328a9481f54063 Long known as a destination for war criminals and kleptocrats to stash their plunder, Switzerland is a leading enabler of Russian dictator Vladimir Putin and his cronies. After looting Russia, Putin and his oligarchs use Swiss secrecy laws to hide and protect the proceeds of their crimes. Close relations between Swiss and Russian authorities have had a corrupting influence on law enforcement personnel in Switzerland and have led to the resignation of numerous officials, including the head prosecutor of Switzerland. A recent Organized Crime and Corruption Reporting Project investigation found that Credit Suisse catered to dozens of criminals, dictators, intelligence officials, sanctioned parties, and political actors, and identified problematic accounts holding more than $8 billion in assets. According to the Financial Times, Credit Suisse also asked investors to destroy documents linked to yacht loans made to oligarchs and tycoons. This briefing will examine the relationship between Switzerland and Russia in light of Putin’s full-scale invasion of Ukraine. Panelists will discuss how a compromised Switzerland affects U.S. national security and whether the United States should rethink its strategic bilateral relationship with Switzerland. The following panelists are scheduled to participate: Bill Browder, Head, Global Magnitsky Justice Campaign Miranda Patrucic, Deputy Editor in Chief, Regional and Central Asia, Organized Crime and Corruption Reporting Project Mark Pieth, President of the Board, Basel Institute on Governance
Russian War Crimes in Ukraine to Be Discussed at Helsinki Commission HearingThursday, April 28, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: RUSSIAN WAR CRIMES IN UKRAINE Wednesday, May 4, 2022 NEW TIME: 2:00 p.m. Dirksen Senate Office Building Room 562 Watch live: www.youtube.com/HelsinkiCommission Well-documented Russian bombings and missile strikes in Ukraine have decimated hospitals, schools, and apartment buildings, including a theater in Mariupol where hundreds of children were sheltering and the Kramatorsk rail station where thousands were waiting to escape the Russian onslaught. The withdrawal of Russian troops from towns like Bucha, Chernihiv, and Sumy has revealed horrific scenes of civilian carnage, mass graves, and reports of rape and torture. Several world leaders have accused Russia of committing genocide against the people of Ukraine. In March, 45 Organization for Security and Cooperation in Europe (OSCE) states began proceedings to “establish the facts and circumstances of possible cases of war crimes and crimes against humanity…and to collect, consolidate, and analyze this information with a view to presenting it to relevant accountability mechanisms.” The resulting report, issued on April 14, found “clear patterns of international humanitarian law violations by the Russian forces” and recommended further investigations to “establish individual criminal responsibility for war crimes.” The Government of Ukraine, Ukrainian NGOs, and the International Criminal Court are collecting evidence for use in future legal proceedings. Witnesses at the hearing will discuss the findings of the OSCE report, examine evidence being collected to document Russian war crimes in Ukraine, and analyze paths to bring perpetrators to justice. The following witnesses are scheduled to testify: Panel 1: OSCE Experts Wolfgang Benedek, Professor of International Law (ret.), University of Graz Veronika Bílková, Associate Professor, Faculty of Law, Charles University in Prague Marco Sassoli, Professor of International Law, University of Geneva Panel 2 Beth Van Schaack, U.S. Ambassador at Large for Global Criminal Justice Timothy Snyder, Professor of History at Yale University; Permanent Fellow, the Institute for Human Sciences in Vienna Iryna Venediktova, Prosecutor General, Ukraine
Following in the Footsteps of Tsar Nicholas IIWednesday, April 27, 2022
As Vladimir Putin attempts to turn back the clock to the Russian Empire of the pre-Soviet era, he also adopts a tool of political manipulation used in Imperial Russia—fostering violent extremist organizations as a means to a political end. Tsar Nicholas II used this technique with terrorist organizations like the Union of the Russian People and the Black Hundreds, and Putin follows his example today with the Russian Imperial Movement and Imperial Legion. The Russian Imperial Movement Putin advances his political agenda by allowing the Russian Imperial Movement (RIM)—a white supremacist extremist organization based in St. Petersburg—to freely exist and operate in Russia and beyond. RIM holds ultranationalist and monarchist views and believes in two pillars of authority: the political power of the tsar and the spiritual power of the Russian Orthodox Church. The U.S. State Department labeled RIM a Specially Designated Global Terrorist entity in April of 2020, making them the first white supremacist extremist organization to receive the title. RIM received the designation due, in part, to their paramilitary training course, Partizan. The course—ostensibly teaching survival skills, marksmanship, and hand-to-hand combat—functions as RIM’s citizen-to-terrorist pipeline. Attendees have gone on to join RIM’s paramilitary unit, the Imperial Legion, and fight alongside pro-Russian separatists in Ukraine. And Russians are not the only ones enrolling. In 2016, two members of Sweden’s largest neo-Nazi organization, the Nordic Resistance Movement, bombed a café and a migrant center and attempted to bomb a refugee center in Gothenburg, Sweden. The subsequent investigation discovered that the bombers were trained at Partizan. RIM has attempted to broaden its network beyond Europe. American neo-Nazi Matthew Heimbach, former head of the Traditionalist Workers Party, met with RIM representatives, and RIM offered paramilitary training to organizers of the 2017 “Unite the Right” rally in Charlottesville, Virginia. There are also reports that members of the Imperial Legion fought in conflict areas in Syria and Libya. The Russian Imperial Movement is vocally anti-Putin, decrying him and his regime. Despite this criticism and RIM’s monarchist beliefs, Putin has been lenient toward the group and allows it to operate as long as its attention remains turned away from domestic politics. Though reinstatement of a tsar remains a foundational pillar of RIM’s doctrine, it is not their main selling point. Dr. Anna Kruglova, a lecturer in Terrorism Studies at the University of Salford, finds RIM’s large web following surprising “since the group has a relatively narrow agenda—monarchist ideas are not particularly popular in Russia as only 8 percent of Russian people would want monarchy restored, according to one poll.” RIM’s appeal for potential members and Putin himself lies in its vicious ethno-nationalism. RIM demands that Russia maintain influence over all territories where ethnic Russians reside, particularly in Ukraine. For instance, Partizan-trained Russians fought alongside pro-Russian separatists in Ukraine in 2014 as members of the Imperial Legion. In the words of Denis Gariev, an instructor at Partizan, “We see Ukrainian-ness as rabies. A person is sick. Either quarantine, liquidation, or he’ll infect everyone.” Putin also values RIM as a tool to sow discord in the West. RIM supports and collaborates with other white supremacist extremist organizations, even in the United States, and trains individuals like the Swedish NRM bombers. RIM is convenient for Putin: it poses no real threat as a monarchist organization yet benefits his attempts to colonize Ukraine and destabilize the West. The Union of the Russian People The Union of the Russian People (Soyuz russkovo naroda, or SRN) was a right-wing, fanatically anti-Semitic political movement active in the 1900s. They came to prominence in the wake of the Russo-Japanese war. After the Russian Empire’s devastating defeat, there was such discontent and domestic unrest that strikes and mutinies flooded the empire, forcing Tsar Nicholas II to enact constitutional reforms. This moment, known as the 1905 Revolution, left the Russian Empire shaken and greatly polarized. Fears that the imperial system would collapse led to a rise in reactionary extreme right-wing ideologies and groups, one of which was SRN. Members of SRN and its paramilitary branch, the Black Hundred, were fervent monarchists and bore the colors of the Romanov family—the reigning imperial dynasty in Russia from 1613 to 1917—as their insignia. They also had deep ideological connections with the Russian Orthodox Church and identified Jews as the source of all evil in Russia. From 1905 to 1906, the Black Hundred carried out relentless pogroms, killing hundreds of Jews across the Russian Empire. The ruling class at the time held mixed opinions on SRN, ranging from hesitance to fanaticism. Lower-ranking officials viewed the Black Hundred’s pogroms as a convenient way to keep Jewish and ethnic minority populations in their place. The tsar called them a “shining example of justice and order to all men.” SRN was a convenient political tool for the tsar. Tsar Nicholas II believed anti-Semitism united people behind the government, and that Jewish capitalism and Jewish socialism were revolutionary forces that threatened his regime. In this way, SRN and the Black Hundred, while too radical for many members of the Duma and the public, served the tsar’s political interests. Utilizing extremism as a political weapon is not a new tool in Russia’s repertoire. As Putin harkens back to a grand Imperial history and conducts brutal military invasions into former Soviet states, like Ukraine, and political invasions of others, like Belarus, he demands comparison to the power-grasping techniques of the past. As Tsar Nicholas II’s grip on power loosened with civil unrest in the Russian Empire, he supported extremism to preserve his regime. Putin repeats this pattern today as he lets the Russian Imperial Movement and the Imperial Legion train neo-Nazis to wreak havoc and terror in the West.
Helsinki Commission Leaders Condemn Detention of OSCE Officials by Russian-Led Forces in UkraineTuesday, April 26, 2022
WASHINGTON—Following the detention of four Ukrainian nationals serving as members of the OSCE Special Monitoring Mission in Russian-controlled areas of eastern Ukraine who reportedly were accused of illegal activities including treason and espionage, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “The targeting and detention of OSCE officials by Russian-controlled forces is utterly unacceptable. Those detained must be released immediately. We will hold Russian officials responsible for any mistreatment they suffer.” On April 24, the Organization for Security and Cooperation in Europe (OSCE) confirmed that four Ukrainian staff members of the OSCE Special Monitoring Mission to Ukraine (SMM) had been detained and held “for engaging in administrative activities that fall within their official functions as OSCE staff.” The SMM had served a critical function as the eyes and ears of the international community in the conflict zone since 2014, until a Russian veto forced its mandated activities to cease on April 1. Since then, Ukrainian mission members had been carrying out minimum necessary administrative tasks focused on efforts to ensure the safety and security of its mission members, assets, and premises throughout Ukraine, including in Russian-controlled areas.
Helsinki Commission Urges OSCE PA to Adopt Ukrainian Declaration Recognizing Russia’s Actions as GenocideMonday, April 25, 2022
WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09), who serves as Head of the U.S. Delegation to the OSCE Parliamentary Assembly (PA), along with other Helsinki Commissioners who hold leadership roles in the commission and the OSCE PA, today released a letter urging the assembly to adopt a declaration by the parliament of Ukraine that recognizes Russia’s actions in Ukraine as genocide. Co-Chairman Cohen was joined in the letter to OSCE PA President Margareta Cederfelt by Chairman Sen. Ben Cardin (MD), who serves as the OSCE PA Special Representative on Anti-Semitism, Racism and Intolerance; Senate Ranking Member Sen. Roger Wicker (MS), who serves as an OSCE PA vice-president; Commissioner Rep. Richard Hudson (NC-08), who chairs the OSCE PA Committee on Political Affairs and Security; and House Ranking Member Joe Wilson (SC-02). The letter read in part: “It is clear to us that Russian dictator Vladimir Putin and his military regime are engaging in acts of genocide against Ukraine and its people and we urge the OSCE PA to also endorse the Rada’s declaration and issue a similar statement. “We do not come to this conclusion lightly, and we recognize the importance of precision in employing such terminology. However, given the overwhelming evidence—from Putin and his regime’s many comments denying the existence of Ukrainian nationhood and the deliberate targeting of civilians, to the wholesale destruction of Mariupol, the mass graves that now pockmark Ukrainian lands, and reports of forced deportation of Ukrainian people including children to Russia where they are being indoctrinated in “reeducation camps” in attempts to destroy Ukrainian identity—we cannot be silent. The OSCE PA must raise its voice and speak with unity and unmitigated clarity about the unspeakable horrors that are unfolding in Ukraine and be truthful about what is happening there… “Given Russia’s disregard for the 10 Helsinki principles guiding relations between participating States, its manipulation of OSCE rules for its own destructive ends, and its encouragement of neighboring Belarus to be complicit in its war crimes and genocidal actions, the Parliamentary Assembly should make clear where we as a credible body stand. Russia’s horrific war of choice in Ukraine and this unfolding genocide must be described just as it is.” The full letter is available online.
Debunking “Denazification”Thursday, April 21, 2022
By Worth Talley, Max Kampelman Fellow On February 24, 2022, Russian dictator Vladimir Putin announced a “special military operation” to “demilitarize and denazify” Ukraine—in reality, a Russian invasion designed to subjugate the democratic, peaceful people of Ukraine. When the news broke, Helsinki Commission Co-Chairman Rep. Steve Cohen immediately decried the statement. “Like Mr. Zelensky, I am Jewish; Nazis kill Jews,” he said. Putin’s claim of “denazification,” not only patently false, borders on incoherent to a Western audience, which immediately links Nazism with antisemitism and the Holocaust and thus understands the “denazification” of a country led by a Jewish president to be impossible. The real nature of Putin’s claim is clear: it is a fallacious attempt to drum up domestic support for his war of aggression in Ukraine designed to resonate with a Russian audience. Putin draws on the Soviet myth of the Great Patriotic War in an attempt to validate his invasion and to obscure the true nature of his war—an attack on Ukrainian identity—under the guise of a mission against Nazism. Within this historical footing, Russians can accept the “denazification” of Ukraine precisely because the myth, like other holdovers from Soviet policy, deemphasizes antisemitism’s connection to Nazism and reimagines Nazism primarily as an attack on Soviet and Russian identities, not Jewish ethnicity. The Great Patriotic War World War II occupies a central place in Russian historical memory. The Russian conception of the Great Patriotic War has existed in multiple formulations since the defeat of Nazi Germany, but it consistently centers the role of the Soviet people in defeating Nazism, placing equal emphasis on Soviet victory and on the suffering and sacrifices of the Soviet people. In fact, the Great Patriotic War begins in 1941—rather than 1939—with Nazi Germany’s invasion of the USSR under Operation Barbarossa. The fact that the Great Patriotic War is the term commonly used for World War II by Russians obscures the nature of Russian involvement in the war prior to 1941. This state-sponsored narrative eschews a nuanced understanding of Soviet participation in the Second World War, particularly of the Molotov-Ribbentrop Pact and of the Soviet atrocities committed in Poland and the Baltics during that period of non-aggression between the 1939 pact and the 1941 Nazi invasion of the Soviet Union. The Law Against the Rehabilitation of Nazism, signed into law by Putin in 2014, effectively criminalizes speech regarding these Soviet actions. As the Great Patriotic War emphasizes Soviet anguish, it glosses over the suffering of Jews and other minorities and even the Holocaust itself. Soviet policy historically downplayed the centrality of the Holocaust by centering a collective, Soviet suffering over a particular, Jewish one. Furthermore, denouncing the antisemitic core of Nazism would have directly contradicted the Soviet Union’s own state-sponsored antisemitism. The Holocaust, particularly the millions of deaths that occurred in Soviet territory, was written off in Soviet historical narratives as a crime against the (ethnically ambiguous) Soviet citizenry. For example, the Soviet memorial at Babyn Yar—a site in Kyiv, formerly in the Soviet Union, where 33,000 Jews were murdered by Nazi troops and Ukrainian collaborators over the course of two days—featured an inscription to the “peaceful Soviet citizens” that died there, insinuating that the site formed part of a collective, Soviet suffering rather than acknowledging it as a site of antisemitic genocide. The myth of the Great Patriotic War thus classifies the actions of Ukrainians who collaborated with the Nazis—such as Stepan Bandera and the Organization of Ukrainian Nationalists—primarily as a crime against the Soviet people, with the antisemitic actions and beliefs of these Ukrainians nationalists occupying a secondary—or altogether irrelevant—level of importance. Nonetheless, the collaboration of some Ukrainian nationalists with Nazis during World War II has allowed the Kremlin, through a peculiar melding of myth and reality, to conflate Nazism with the very development of Ukrainian national identity (though, of course, Ukrainian national identity is not synonymous with Nazism, nor did it only begin to develop during the Second World War). Language Laws and Russian Rhetoric As Ukraine has distanced itself from Russian political influence, establishing a distinct national identity has become of a question of greater importance—particularly considering the stifled development of such an identity under the Soviet Union. Putin’s current, baseless, claims of genocide against Russian speakers in Donetsk and Luhansk occur against the backdrop of Ukrainian language laws, which make Ukrainian the country’s sole official language and set forth requirements for the use of Ukrainian in education and media. The most recent of these laws, passed in 2019, was met with harsh criticism from Maria Zakharova, a spokeswoman of the Russian Ministry of Foreign Affairs, who termed it “a law of forced Ukrainization,” and with skepticism from Volodymyr Zelensky, then the president-elect of Ukraine and himself a native Russian speaker. In an earlier reaction to such legislation, Zakharova claimed that “Ukraine uses language genocide on a state level,” echoing the rhetoric of genocide now used by the Kremlin to justify its invasion. Zakharova’s statements recall Soviet policy against Ukrainian national identity. Her use of the term “Ukrainization” echoes the use of the same term under Stalin in a 1932 decree to combat the growth of Ukrainian language and culture (i.e. “Ukrainization”). This decree was issued during the beginning of Holodomor—the genocide against Ukrainians, which began as an unintentional famine yet was retooled by Stalin to deliberately kill millions of Ukrainians. In this sense, contemporary Kremlin claims of “Ukrainization” and “language genocide” toward Russian speakers in Ukraine recall Stalin’s policies of both cultural and literal genocide directed at Ukrainians and Ukrainian national identity. Now, through the distorted lens of the Great Patriotic War and other Soviet policy, the Kremlin misrepresents the development of Ukrainian national identity as a crime against Russian speakers. Analysis of this historical manipulation, however, lays bare the reality of the war as an act of flagrant aggression committed against Ukrainians intended to destroy their culture and identity.
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Journalists paint troubling picture of Russian war in Ukraine: 'It's light versus darkness'Wednesday, April 20, 2022
An independent U.S. commission heard vivid descriptions on Wednesday about what it's like to be on the ground in Ukraine for journalists who are responsible for keeping the world updated on Russia's bloody war. In testimony before the independent Commission on Security and Cooperation in Europe, multiple Ukraine-based journalists communicated how Moscow is indiscriminately attacking troops and civilians there and destroying cities. Ukraine is one of the most dangerous assignments in the world for reporters and several have already been killed there since Russia invaded the former Soviet republic on Feb. 24. The CSCE, also known as the Helsinki Commission, heard about the journalists' personal experiences and stories they have encountered in the battle-scarred country for the past eight weeks. Independent Ukrainian journalist Olga Tokariuk said she fled to western Ukraine just days after the fighting began and that she fears what Russia's war could mean for the future of the country, which declared its independence after the fall of the Soviet Union in 1991. "If Russia is not stopped -- if Russia is allowed to take more Ukrainian territory, this will happen everywhere," she told the commission. "Russia will perpetuate genocide on a massive scale. "No one in Ukraine can be safe unless Russia is defeated." Tokariuk added that most of the journalists she knows in Ukraine may have underestimated the danger initially. "Ukrainians had freedom of speech, freedom of press," she said. "We had the feeling that we were part of the free world." Tokariuk described grisly human rights violations in parts of Ukraine, particularly in the east -- including kidnappings, disappearances and forced deportations to Russia. The CSCE -- an independent government agency formed in 1975 to monitor security conditions in Europe -- says that at least seven journalists have been killed so far in Ukraine since the war began. The commission is comprised of several lawmakers from the House and Senate and normally includes three executive members from the departments of Defense, Commerce and State. Those seats are presently vacant. Asami Terajima, a Kyiv Independent journalist, told the lawmakers that she moved to Ukraine when she was 10. "Every single day as the war continues, more Ukrainian civilians are dying and more cities are being destroyed," she said, emphasizing that Russia is not targeting only Ukrainian troops. Freelance conflict reporter Oz Katerji told the commission that although Ukrainian fighters have been successful repelling Russian advances, they need weapons and equipment that will "strike fear in the hearts" of Russian troops. "This is democracy versus totalitarianism," he said. "It's light versus darkness." Evgeny Sakun, a Ukrainian cameraman working for Kyiv Live TV, was the first journalist to be killed after the invasion when Russian missiles struck the television tower in Kyiv on March 1. Award-winning video journalist and documentary filmmaker Brent Renaud was killed in Irpin on March 13 and an attack on a Fox News camera crew near Kyiv killed Irish reporter Pierre Zakrzewski, a cameraman and Ukrainian reporter-producer Oleksandra Kuvshynova a day later. Late last month, journalist Oksana Baulina was killed in Kyiv by a "kamikaze drone" while working for Latvia-based Russian online investigative media outlet The Insider. Jeanne Cavelier, head of Reporters Without Borders' Eastern Europe and Central Asia desk, said a few weeks ago that a quarter of all journalists who have died worldwide in 2022 were killed in Ukraine within the first month of fighting. "As their reporting is essential in order to understand the war in Ukraine and attacking journalists is a war crime under international law, we call on the Russian and Ukrainian authorities to guarantee their safety on the ground," Cavelier said in a statement. Ukraine is ranked 97th out of 180 countries in Reporters Without Borders' 2021 World Press Freedom Index. Russia is ranked 150th. "Journalists in Ukraine risk their lives daily to report the reality of war," the CSCE said in a statement before Wednesday's hearing. "Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions."
Diverse Voices Reporting From UkraineWednesday, April 20, 2022
Journalists in Ukraine risk their lives daily to report the reality of war. Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions. So far, at least seven journalists have been killed, and others injured, while covering Russia's genocidal war against the people of Ukraine. During a briefing, held April 20, 2022, attendees heard from three journalists currently reporting from Ukraine: Oz Katerji, a freelance conflict journalist; Asami Terajima, a journalist with the Kyiv Independent; and Olga Tokariuk, an independent journalist based in Ukraine and a non-resident fellow with CEPA. All of the panelists are journalists currently in Ukraine, whose diverse backgrounds bring important perspectives on the war. The discussion centered on their personal experiences, the contributions their diverse backgrounds bring to their coverage, and the experiences of individual Ukrainians they have encountered during the war. The briefing was moderated by Helsinki Commission Senior Policy Advisor Bakhti Nishanov. Co-Chairman Rep. Steve Cohen (TN-09) opened the hearing by expressing his gratitude and appreciation to the panelists and stressed the importance of listening to voices on the ground in Ukraine. In opening remarks, Nishanov highlighted the rampant deceit surrounding narratives on the war in Ukraine and emphasized the purpose of the briefing: to spotlight diverse voices reporting in Ukraine, to listen to their stories, and to respond with action. Oz Katerji gave an account of the horrifying tactics utilized by the Russian military in Syria, which are now being repeated in Ukraine. He stated that Putin has been given impunity for decades in response to Russian aggression in Syria, Georgia, Chechnya, and now in Ukraine. “Syria was the opening shot and Ukraine is the continuation of Putin’s war of expansion into Europe,” he said, “Putin won’t stop unless he is stopped.” Asami Terajima shared a moving account of the Ukrainian people’s spirit and resilience, and denounced claims of Nazism in Ukraine as absurd. She described Ukrainians as brave, freedom-loving people and said that even in such difficulty, they are already rebuilding their lives as best they can. Olga Tokariuk reiterated the danger faced by all those in Ukraine, whether in the eastern or western regions. Russia has attacked Lviv and injured dozens in the region, in addition to the massive human rights violations it already has committed in every region of Ukraine. Tokariuk warned that unless Russia is stopped, it will continue to perpetrate genocide on a massive scale in Ukraine. She said, “Russia will not stop in Donbas…No one in Ukraine is safe or can be safe unless Russia is defeated and Ukraine wins this war.” Attendees raised a number of questions to the panelists, ranging from the logistics of transporting military equipment to the value of counteracting propaganda within Russia. Related Information Panelist Biographies Oz Katerji: "In the Liberated Kyiv Suburbs, Two Tales of War Emerge" Olga Tokariuk: "Syrian Doctors Are Teaching Ukrainians How to Prepare for Chemical Attacks"
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Biden administration urged to ban UK lawyers who ‘enabled’ oligarchsTuesday, April 19, 2022
A member of Congress has urged the Biden administration to place travel bans on senior British lawyers that acted for wealthy Russian clients against investigative journalists. Steve Cohen, a Democratic representative from Tennessee, has written to Antony Blinken, the US secretary of state, urging him to sanction the lawyers for having “enabled malign activities of Russian oligarchs”. His letter comes as the Biden administration looks to increase its support for Ukraine in its war against Russia and tighten sanctions against those who have supported the Russian regime. Cohen wrote: “Oligarchs who hire lawyers to engage in abusive cases against journalists to silence them cannot exert malign influence in our system . . . the United States must establish deterrents for foreign enablers serving individuals who are undermining democracy.” The state department did not respond to a request for comment. Cohen singled out several lawyers he believed should be subject to bans on visas for travel to the US: Nigel Tait of Carter-Ruck; John Kelly of Harbottle & Lewis; barrister Hugh Tomlinson; Geraldine Proudler of CMS; Keith Schilling of Schillings; and Shlomo Rechtschaffen of SR law. Each of the lawyers is well known in London legal circles, with firms like Carter-Ruck and Schillings having established strong reputations in defamation law and reputation management. Tait, Kelly, Tomlinson and Proudler all worked on recent cases against the former Financial Times journalist Catherine Belton or her publisher HarperCollins, or both. Belton and HarperCollins were sued last year by several Russian oligarchs including Roman Abramovich over her book Putin’s People, which details the rise to power of Russia’s president Vladimir Putin. The lawsuits were later settled or withdrawn. Cohen cited Schillings’ work for Malaysian businessman and fugitive Jho Low. British ministers have expressed concern over the way in which UK courts are used by wealthy foreigners to launch libel cases. Dominic Raab, the justice secretary, last month set out proposals to limit any so-called Strategic Lawsuits Against Public Participation. Also in March Bob Seely, the MP for the Isle of Wight, used parliamentary privilege to claim “amoral” City lawyers were teaming up with “Putin’s henchmen” to offer “legalised intimidation”. A spokesperson for Tomlinson said: “Regulatory rules for lawyers are very strict and work to ensure equal entitlement to independent legal advice. Mr Tomlinson acted properly and in accordance with those rules throughout and has never acted as Mr Cohen suggests.” Tait’s firm Carter-Ruck said: “The claims made against Carter-Ruck are misconceived and are rejected entirely. In addition to other matters, we are not working for any Russian individuals, companies or entities seeking to challenge, overturn, frustrate or minimise sanctions.” It added: “We are not acting for, and will not be acting for, any individual, company or entity associated with the Putin regime in any matter or context, whether sanctions-related or otherwise, and will continue to conduct all ‘know your client’ checks in accordance with all applicable laws and regulations, as we have always done.” Cohen cited Rechtschaffen for his representation of Israeli-British businessman Walter Soriano, who he alleged was an “enabler” of certain oligarchs including Abramovich. Rechtschaffen said: “Walter Soriano is not an enabler of any oligarch . . . The English courts have said that the claim against Mr Stedman is not abusive.” Harbottle & Lewis said the firm had “acted at all time in accordance with its professional and legal obligations, and takes these matters very seriously”. Schillings said the firm did not act for any sanctioned entities and could not comment on client matters. It added that Cohen’s allegations were “wholly misplaced” and “misinformed”. It said the firm had upheld “the highest traditions of the legal profession”. Proudler’s firm CMS said it rejected Cohen’s allegations, adding that Proudler and the firm had been “compliant with all professional regulations”. “As we have said since the invasion of Ukraine, CMS is no longer accepting new instructions from Russian based entities or from any individuals with connections to the Russian government.”
Helsinki Commission Urges U.S. Administration to Consider Sanctioning Remaining Individuals Involved in Persecution of Sergei MagnitskyMonday, April 18, 2022
WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Member Rep. Joe Wilson (SC-02) today released a letter sent April 15 to President Biden urging the U.S. administration to consider sanctioning the remaining individuals involved in the persecution of Sergei Magnitsky, the fraud he uncovered, and the coverup of his death in 2009. The letter read in part: “The passage and enforcement of the Magnitsky Act was among the rare times in the last decade that the United States rightly put universal values first in its relationship with Russia. Sergei Magnitsky courageously stood up to the Putin regime’s corruption and represents what Russia might be one day. He has served as an inspiration for Russian activists and civil society who dream of a Russia that respects human rights and complies with its own freely undertaken international commitments… “At this time of great upheaval, it could not be more important that the United States demonstrate its commitment to universal values. Sanctioning these individuals responsible for dismantling the rule of law in Russia and killing one of Russia’s bravest whistleblowers would have this effect.” Included with the letter was a list that includes the names and identifying information of 255 individuals who have not yet been sanctioned for their apparent role in Sergei Magnitsky’s death and the $230 million tax fraud he exposed. The list was compiled by Hermitage Capital Management LLC, the firm where Sergei Magnitsky worked at the time of his arrest and murder. The full letter and list are available online.
Journalists Reporting from Ukraine to Speak at Helsinki Commission BriefingWednesday, April 13, 2022
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online staff briefing: DIVERSE VOICES REPORTING FROM UKRAINE Wednesday, April 20, 2022 10:00 a.m. Register: https://bit.ly/3E89IZX Journalists in Ukraine risk their lives daily to report the reality of war. Credible, on-the-ground reporting has documented war crimes committed by Russian forces and the continued bombardment of Ukrainian cities, targeting civilians and critical infrastructure and displacing millions. So far, at least seven journalists have been killed, and others injured, while covering Russia's genocidal war against the people of Ukraine. This briefing will convene journalists currently in Ukraine, whose diverse backgrounds bring important perspectives on the war. The discussion will center on their personal experiences and those of individual Ukrainians they have encountered during the war. The following panelists are scheduled to participate: Oz Katerji, Freelance conflict journalist Asami Terajima, Journalist, Kyiv Independent Olga Tokariuk, Independent journalist based in Ukraine; Non-Resident Fellow, CEPA
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Outrage and Worry: Kremlin Critic's Arrest Heightens Concerns Of Putin's CrackdownWednesday, April 13, 2022
Russian opposition politician and Washington Post contributor Vladimir Kara-Murza was detained by Russian authorities in Moscow on Monday, hours after calling the Kremlin “not just corrupt” or “authoritarian” but a “regime of murderers” in a CNN+ interview—a development that has only heightened concerns about the threat of speaking out against Vladimir Putin. “I think a lot of people are very worried about what's going to happen next,” CNN+ anchor Sara Sidner, who conducted the interview, told CNN’s John Berman on Tuesday. On Wednesday, CNN’s Brian Stelter asked Sidner whether she feels any guilt. “Sure. A little bit," she replied. "I think it’s more nervousness because I know that he was the one that disclosed where he was." In his interview with CNN+, Kara-Murza acknowledged the risk he was taking, and is personally familiar with Putin's brutal tactics. His close friend and associate Boris Nemtsov, a former Russian deputy prime minister turned fierce Putin critic, was shot dead in 2015, and Kara-Murza himself has survived two poisonings, both of which left him in a coma, that he has blamed on the Kremlin. While many dissidents have fled Russia amid Putin’s latest crackdown on independent media, Kara-Murza is among few who have stayed. And he has continued to criticize Putin’s unprovoked invasion of Ukraine despite facing up to 15 years in prison for doing so under the Kremlin’s draconian new law. “This is where I have to be,” Kara-Murza told MSNBC’s Ali Velshi in an interview Sunday. “We all know the price.” Asked what kinds of considerations CNN made before airing Kara-Murza’s interview, a CNN spokesperson pointed Vanity Fair to Sidner's comments on Tuesday and Wednesday. MSNBC did not immediately respond to a request for comment. On Tuesday, a day after he was reportedly arrested outside his home on charges of disobeying the police, the political activist and journalist was sentenced to 15 days in jail. The same day, the Post published an editorial commending Kara-Murza’s willingness to publicly speak out against the Kremlin in columns for the Post and elsewhere, and called for his release. “What is abundantly clear is that Mr. Putin has once again put a critic in his crosshairs, every day sinking Russia deeper into totalitarianism, intolerant of free thought or dissent,” the Editorial Board wrote. Post publisher Fred Ryan also demanded Kara-Murza’s immediate release in a statement that called his detention the latest in Putin’s ongoing effort to “hide the truth about the atrocities Putin is committing in the Russian people’s name.” Kara-Murza’s detention is also prompting outrage in Washington. Leaders of the Helsinki Commission, an agency that heard from Kara-Murza last month at its hearing about Putin’s “war on truth,” were “alarmed” by Kara-Murza’s detention, according to a joint statement issued by Sen. Ben Cardin, Co-Chairman Rep. Steve Cohen, and Ranking Members Sen. Roger Wicker and Rep. Joe Wilson. “Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people,” they wrote, demanding he “be allowed access to his lawyer and should be released immediately.” Authorities have denied Kara-Murza access to legal counsel in violation of his constitutional rights, the Commission's press release said. The poisonings that Kara-Murza endured in 2015 and 2017, he said, were reprisals by the Kremlin for his advocacy of Western sanctions against the Russian government—accusations the Kremlin has denied, but that the Post notes are bolstered by “investigations by independent organizations [which] found that he had been followed by members of the same federal agency that allegedly poisoned jailed Kremlin critic Alexei Navalny and at least three other opposition figures.”
Co-Chairman Cohen Welcomes Conclusion of First Round of French Presidential ElectionsTuesday, April 12, 2022
WASHINGTON—Following the first round of presidential elections in France on April 10, Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) issued the following statement: “As co-chairman of the bipartisan U.S. Helsinki Commission, I congratulate the French people for making their voices heard on Sunday during the first round of their presidential elections. France is among the world’s most long-standing democracies, America’s oldest ally, and a vital voice in Europe and around the world for our common liberal values. “Those same values are under unprecedented and brutal assault by Russia in Ukraine. As we look ahead to the second round of elections later this month, I am confident that the French people will choose their leaders based on the strength of their principles, and reject apologia and disinformation on behalf of dictators like Russia’s Vladimir Putin. “Putin has no principles beyond conquest and banditry, as Russia’s illegal war against Ukraine and its uncivilized campaign of atrocity there attest. The Kremlin’s imperial war in Ukraine is inseparable from the totalitarian regime it has erected at home, along with the destruction of the last vestiges of civil society and press freedom, and its efforts to undermine trust in Western governments—including in great democracies like France. “I have faith in France’s powerful democracy, and offer my warmest wishes to the French people as we continue our rich friendship based on common values and in defiance of tyrants and demagogues.”
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Helsinki Commission Calls for the Immediate Release of a Vocal Kremlin Critic Detained in MoscowTuesday, April 12, 2022
Western officials are calling for Russian authorities to release a prominent opposition activist and critic of the invasion of Ukraine after reports of his arrest emerged Monday. The activist, Vladimir Kara-Murza, has since been sentenced to 15 days in jail on the charge of disobeying a police order. The police detained Kara-Murza on the street near his Moscow home, according to the Helsinki Commission, a U.S. government agency focused on security and human rights. His lawyer told the independent news outlet Sota that he had been detained, and activist Ilya Yashin also confirmed news of Kara-Murza's arrest on Twitter. Kara-Murza's lawyer, Vadim Prokhorov, said his client was arrested on charges of disobeying police orders and faced up to 15 days in jail or a small fine, The Guardian reports. Secretary of State Antony Blinken tweeted Monday that the U.S. is "troubled" by Kara-Murza's detention. "We are monitoring this situation closely and urge his immediate release," he added. His lawyer promises to appeal the sentence The Khamovniki district court in Moscow sentenced Kara-Murza to 15 days in jail at a hearing on Tuesday, according to Prokhorov. Prokhorov wrote on Facebook that police say Kara-Murza "behaved erratically after seeing police officers, changed the trajectory of his movement, quickened his pace and responded to the demand to stop by trying to flee," according to an English translation. He rejects this claim, saying instead that police were waiting for Kara-Murza at the entrance to his home and detained him as soon as he got out of his car. Prokhorov vowed to appeal the sentence. Both the Free Russia Foundation and Helsinki Commission allege that authorities denied Kara-Murza access to legal counsel — in violation of his rights — while he was being held in a Moscow police station ahead of his hearing. They are among those calling for his immediate release. "Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people. He must be allowed access to his lawyer and should be released immediately," reads a joint statement by Helsinki Commission Chairman Sen. Ben Cardin, co-chairman Rep. Steve Cohen and ranking members Sen. Roger Wicker and Rep. Joe Wilson. The longtime Kremlin critic has been speaking out against censorship and the war Kara-Murza is a vocal critic of the Kremlin who held leadership roles in Open Russia and the Free Russia Foundation, organizations that the Russian government has deemed "undesirable." Kara-Murza also hosted a weekly program on the since-shuttered Echo of Moscow radio station and writes columns for The Washington Post. Notably, he fell seriously ill in Moscow in 2015 and 2017 in incidents of suspected poisoning that he blames on the Russian authorities. "Given the sophisticated type of poison, I think it's people who have been or are connected with the Russian special services," he told NPR in 2017. Kara-Murza was also close friends with Boris Nemtsov — a former Russian deputy prime minister-turned-vocal Kremlin critic who was shot dead in Moscow in 2015 — and the late U.S. Sen. John McCain, at whose funeral he served as a pallbearer. Kara-Murza has spoken out against Russia's war in Ukraine in recent weeks. He testified at a March 29 Helsinki Commission hearing and, in his opening remarks, described what he called two parallel wars launched by Russian President Vladimir Putin the previous month. "One, which continues to this day, was his unprovoked and unlawful aggression against Ukraine," he said. "The other, which was concluded effectively and swiftly, was his blitzkrieg against what remained of independent media in Russia." As Kara-Murza noted, Russians who speak out against the war — and even use that term to describe it — can face up to 15 years in prison, under a restrictive new law that has prompted an exodus of independent journalists and foreign media from the country for fear of prosecution. Kara-Murza has continued doing interviews with Western outlets and spoke to CNN just hours before his arrest. In that conversation, he referred to the Russian government as "a regime of murderers" and explained why he was staying in Moscow despite the risks. "Look, I'm a Russian politician — I have to be in Russia, it's my home country," he said. "I think the biggest gift ... those of us who are in opposition to Putin's regime could give to the Kremlin would be just to give up and run. And that's all they want from us."
Helsinki Commission Leaders Alarmed by Detention of Vladimir Kara-MurzaMonday, April 11, 2022
WASHINGTON—Following Monday’s arrest of prominent pro-democracy Russian statesman and outspoken Kremlin critic Vladimir Kara-Murza, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), and Ranking Members Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We are alarmed to learn that Vladimir Kara-Murza has been detained in Moscow. Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people. He must be allowed access to his lawyer and should be released immediately.” On April 11, Vladimir Kara-Murza was detained on the street near his Moscow home. He currently is being held in the Khamovniki police station in the Central Administrative District of Moscow, where authorities have denied him access to his legal counsel in violation of his constitutional rights. Reports indicate that he has been charged with an administrative offense. It remains unclear if he is undergoing interrogation while in custody. His trial is scheduled for April 12. Mr. Kara-Murza was poisoned twice by the Kremlin in 2015 and 2017. On March 29, he testified at a Helsinki Commission hearing examining Russian dictator Vladimir Putin’s war on truth, where witnesses discussed the Kremlin’s use of propaganda and censorship. “Those who speak out against this war are now liable for criminal prosecution,” he said.
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Helsinki Commission Calls on Russia to Release 'True Patriot' Kara-MurzaMonday, April 11, 2022
A U.S. human rights monitor is calling for the release of journalist Vladimir Kara-Murza, a prominent Russian opposition figure who has spoken out against what he has called his government's crackdown on dissent. The U.S. Helsinki Commission on Monday raised alarm over the detention of Kara-Murza in Moscow a month after he outlined the Kremlin's increased use of propaganda and censorship. His arrest is the latest report of authorities attempting to silence critics since Russian President Vladimir Putin launched his invasion of Ukraine in February. "We are alarmed to learn that Vladimir Kara-Murza has been detained in Moscow. Vladimir is not a criminal but a true patriot motivated by the potential of a democratic future for Russia and freedom for its people," the commission said in a statement. "He must be allowed access to his lawyer and should be released immediately." The commission, a U.S. government agency comprised of members of Congress and representatives from federal agencies, heard testimony from Kara-Murza who described how the Russian government has used disinformation and the growing struggles of independent media outlets. The Russian government in March enacted new restrictions, criminalizing media from using the word "invasion" to describe the conflict in Ukraine. Those who violate them could face up to 15 years in prison. Speaking before the commission, Kara-Murza said that following the invasion, Putin moved swiftly against "what remained of independent media in Russia." Kara-Murza said that within days, authorities shuttered independent outlets, including Echo of Moscow, a radio station where he hosted a weekly program. He also pointed to how the Russian government has blocked access to social media networks. Other news outlets, such as highly respected Novaya Gazeta, ceased publication because of censorship, he said. Calling many Russians "brainwashed," he said many are not even aware of potential war crimes their government is alleged to have committed in Ukraine. "Today, most Russians are in an Orwellian parallel reality created by the Kremlin propaganda machine," Kara-Murza told the commission. "And I mean, Orwellian in the literal sense, what's being said on Russian state television might as well have come out of George Orwell's 1984: 'War is peace. Freedom is slavery. Ignorance is strength.'" Since Russia's new censorship laws have gone into effect, reports have emerged of students or parents turning in teachers who spoke disapprovingly of the war. Nobel Prize laureate and editor-in-chief of Novaya Gazeta, Dmitry Muratov, was attacked on a train. Russian authorities have also threatened Wikipedia with a nearly $50,000 fine for refusing to delete "illegal information." Kara-Murza, an author and politician who was repeatedly poisoned, has continued speaking out despite his arrest, making an appearance on MSNBC on Sunday.
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Experts say desperate refugees are finding new danger after leaving Ukraine - human traffickersThursday, April 07, 2022
An independent U.S. commission listened to testimony from experts on Capitol Hill on Thursday who painted a disturbing picture of yet another consequence of Russia's war in Ukraine -- human traffickers targeting vulnerable refugees who are desperate to flee to safety. The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, heard from a panel of experts who expressed serious concern for the millions of Ukrainians who have left, or want to leave, the country. The experts underscored the need for the international community to protect the refugees, coordinate reception and transfer of unaccompanied minors, raise awareness and provide security. Kari Johnston, senior official at the U.S. State Department's anti-trafficking office; Tatiana Kotlyarenko, an anti-trafficking adviser; Mykola Kuleba, director of Save Ukraine; and Nic McKinley, founder and CEO of DeliverFund spoke to the Helsinki commission about the challenges they face to assisting Ukrainians fleeing the war from being harmed by the traffickers. Kari Johnston, senior official at the U.S. State Department's anti-trafficking office, told the committee that most refugees fleeing Ukraine have so far been women and children -- some of whom are alone. Part of the problem is that Ukraine has restrictions preventing Ukrainian men from leaving the country. "We are encouraging our European partners to take necessary measures, including distributing information to refugees on human trafficking and available safe resources for them in all languages they can understand," she told the commission. "We have been encouraged by how quickly governments and people in Europe have opened their hearts and homes but also by efforts governments have made to protect them to prevent trafficking." Adviser Tatiana Kotlyarenko noted that targeting women is on the rise, partly because of their appeal to criminals in the sex trafficking industry. One tactic that's already been seen near Ukraine is traffickers posing as transportation or aid workers -- which lure refugees into a false promise of security. "There's been reports of women and children disappearing after they've crossed the border, sometimes accepting a ride or a job offer from a person they think is there to help," Kotlyarenko told the commission. "Although the extent of human trafficking is not yet known, cases are beginning to be reported." "Children have been displaced, putting them at great risk of physical harm, severe emotional distress, trauma and human trafficking," she added. "There have been children who on their own walked to the border in the cold after being separated from family members or their family members killed." The United Nations has estimated that more than 4 million refugees have fled Ukraine so far since Russia launched its invasion on Feb. 24. Established by Congress in 1975, the commission is composed of nine members of the House, nine members of the Senate and typically one member each from the departments of defense, state and commerce. Those final three slots, however, are vacant and awaiting appointments.
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Russia Critics Press Congress for Curbing Moscow's Role in International GroupsWednesday, April 06, 2022
Critics of Moscow pressed lawmakers to sever remaining international connections with Moscow and punish what they called enablers of Russian President Vladimir Putin’s government—including Russian tycoons. “We recognize that the oligarchs are the appendages of Mr. Putin’s mafia state,” said Sen. Ben Cardin (D., Md.), the co-chairman of the Commission on Security and Cooperation in Europe, known as the Helsinki Commission, which held a hearing Wednesday on Russia's financial ties abroad. “I can’t wait to see police tape around mansions in Miami," said Sen. Sheldon Whitehouse (D., R.I.). Witnesses before the commission, a U.S. agency that has frequently scrutinized Moscow, sought to portray Russian billionaires and their network of lawyers and agents in the West as little different from Russian government employees and its lawyers abroad. Bill Browder, a prominent critic of the Kremlin’s human-rights record, called on the U.S. to withdraw from the mutual legal-assistance treaty that allows U.S. and Russian law enforcement to cooperate on investigations and secure witness testimony. Western countries should ban lawyers paid by the Russian government in one country from traveling to their countries, he said. The Kremlin used the Interpol international law-enforcement network in an effort to arrest Mr. Browder after his lawyer died in a Russian prison in 2009. Mr. Browder, who founded investment fund Hermitage Capital, said the U.S. and partner countries should seek to remove Moscow from Interpol or “basically threaten the funding of Interpol if Russia is not expelled.” Mr. Browder was the largest private investor in Russia until his expulsion from that country in 2005. Moscow should also lose its membership and face blacklisting by the Financial Action Task Force, a Paris-based intergovernmental body that audits the ability of nations to detect and disrupt illicit finance, said Daria Kaleniuk, co-founder of the Anti-Corruption Action Center in Ukraine. Mr. Browder and Ms. Kaleniuk were among five witnesses at the hearing.
Countering Oligarchs, Enablers, and LawfareWednesday, April 06, 2022
As influential proxies of Russian dictator Vladmir Putin, Russian oligarchs work to weaken Western democracies from within. They pay Western enablers—especially lawyers and lobbyists—millions to use their standing in democratic societies to generate policies favorable to the authoritarian regime in Russia and to silence its critics. On April 6, 2022, the Helsinki Commission heard from five witnesses who testified on the corruption of Russian oligarchs, as well as the various means through which such oligarchs censure journalists from reporting on their nefarious activities. Helsinki Commission Chairman Sen. Ben Cardin (MD) opened the hearing by recognizing oligarchs as appendages of Putin’s government who have engaged in extensive laundering and looting of the Russian state. He stressed the importance of sanctioning oligarchs, who utilize the existing financial and judicial frameworks of Western democracies to protect themselves from legal harm, as well as their accountants and lawyers, who utilize lawfare as means of continuing their kleptocratic ways and silencing those who report on their crimes. “We have to fortify our system against lawfare,” he stated. “And we hope that we can win this fight.” Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) asserted that oligarchs, while stealing and oppressing the Russian public, also are funding the Russian invasion of Ukraine. “In exchange for the lavish lifestyles that they live, these oligarchs pledge their loyalty to the mid-level KGB agent… currently overseeing Europe’s biggest land war since 1945,” he remarked. Ranking Member Rep. Joe Wilson (SC-02) described Russia’s invasion of Ukraine as a battle between the virtues of the free world and the vices of a corrupt state. “Putin ordered the invasion of Ukraine because Ukraine is a democracy… because it shows accountability over corruption,” he stated. “This is the most black and white conflict in recent memory.” Daria Kaleniuk, executive director of the Ukrainian Anti-Corruption Action Centre, testified that Putin’s invasion of Ukraine was due to fear of Ukraine’s fight against corruption. On February 22, when Putin declared war on Ukraine, he referred to numerous anti-corruption reforms for which the Ukrainian Anti-Corruption Action Centre had advocated. “It was clear to me in that moment that Ukraine’s successful story in fighting corruption is actually the ultimate threat to Vladmir Putin and to his kleptocratic regime,” she remarked. She argued that integral to Putin’s success throughout the years is his legion of legal and financial professionals. “There are two battlefields,” she stated. “One in Ukraine…. And another one in the West, where America is obligated to fight by targeting Russian oligarchs and their enablers.” Bill Browder, head of the Global Magnitsky Justice Campaign, described his experience following the passing of the Magnitsky Act, which allows the United States to freeze the assets of kleptocrats and human-rights violators. He highlighted the team of Western professionals who helped Putin target him for his work to passing the legislation. To ensure these Western enablers are held accountable for their actions, Browder recommended that Congress speak out and deny government employment to such organizations in the future. “We should make a list of these type of firms that do this enabling, this list should be put together by the U.S. Congress, and there should be a recommendation to the U.S. Government not to do business with these firms going forward,” he said. “They can pick sides. They can decide they want to work for the bad guys. And if they work for the bad guys, then they shouldn’t get any money from the U.S. government. Scott Stedman, founder of Forensic News, described the increased use of lawfare by oligarchs as a weapon to intimidate reporters into silence. He spoke of his experience reporting on Walter Soriano, a businessman with reported ties to multiple Russian oligarchs. Soriano filed a lawsuit against Forensic News and its contributors, attempting to silence Stedman through financial intimidation and lawfare. “Mr. Soriano’s U.S. litigation counsel Andrew Brettler wrote to me threatening yet more legal action if I did not pay a U.K. court for more money than I’ve ever had in any bank account,” he said. “This is what lawfare looks like. It is designed to suppress, stall, scare critical coverage of the Russian elite and their enablers.” Anna Veduta, vice president of the Navalny Anti-Corruption Foundation International, outlined the need to sanction corrupt Russian politicians, oligarchs, enablers, and their family members. The assets these oligarchs and enablers have acquired are held by relatives, she argued, who have yet to be sanctioned. “People responsible for these lies, people who are poisoning Russian people with these lies, still can enjoy spring break in Miami and take their kids to Disneyland,” she said. “So I am going to quote Alexei Navalny once again, ‘Warmongers must be treated as war criminals.’” Shannon Green, executive director of the USAID Anti-Corruption Task Force and senior advisor to the Administrator highlighted the reliance of autocrats like Putin on oligarchs and enablers. She reviewed USAID initiatives to support reform coalitions and confront lawfare domestically, as well as efforts to develop new programs to confront kleptocracy abroad. Addressing her fellow panelists, she stated, “Anna, Bill, Daria, Scott, we draw inspiration and courage from your example. And the U.S. government’s message to you, and to all of your fellow change agents, is: Be not afraid. We stand with you.” Related Information Witness Biographies Statement for the Record: Arabella Pike, Publishing Director, HarperCollins Publishers
Mr. WICKER. Mr. President, I am appreciative that I am able to join today with my friend and colleague, Senator Cardin. I appreciate his joining me today to discuss an issue of great concern to both of us and to human rights advocates around the world. That is the ongoing trial in Russia of Mikhail Khodorkovsky and his business partner Platon Lebedev. In June of last year, Senator Cardin joined me in introducing a resolution urging the Senate to recognize that Khodorkovsky and Lebedev have been denied basic due process rights under international law for political reasons. It is particularly appropriate, I think, that Senator Cardin and I be talking about this this afternoon because in a matter of days, Russian President Medvedev will be coming to the United States and meeting with President Obama. I think this would be a very appropriate topic for the President of the United States to bring up to the President of the Russian Federation.
I can think of no greater statement that the Russian President could make on behalf of the rule of law and a movement back toward human rights in Russia than to end the show trial of these two individuals and dismiss the false charges against them.
Since his conviction, Khodorkovsky has spent his time either in a Siberian prison camp or a Moscow jail cell. Currently, he spends his days sitting in a glass cage enduring a daily farce of a trial that could send him back to Siberia for more than 20 years. Amazingly, Mikhail Khodorkovsky remains unbroken.
I think it appropriate that President Obama and Secretary of State Clinton have committed to resetting relations with the country. I support them in this worthwhile goal. Clearly, our foreign relations can always stand to be improved. I support strengthening our relations, particularly with Russia. However, this strengthening must not be at the expense of progress on the issue of the rule of law and an independent judiciary. The United States cannot publicly extol the virtues of rule of law and an independent judiciary and at the same time turn a blind eye to what has happened to Khodorkovsky and Lebedev.
I urge President Obama and Secretary Clinton to put the release of these two men high on the agenda as we continue to engage with Russia, and high on the agenda for President Medvedev's upcoming meeting here in Washington, DC.
Mr. CARDIN. Mr. President, I thank Senator Wicker for taking this time for this colloquy. He has been a real champion on human rights issues and on bringing out the importance for Russia to move forward on a path of democracy and respect for human rights. He has done that as a Senator from Mississippi. He has done that as a very active member of the Helsinki Commission. I have the honor of chairing the Helsinki Commission, which I think is best known because of its fight on behalf of human rights for the people, particularly in those countries that were behind the Iron Curtain—particularly before the fall of the Soviet Union, where we were regularly being the voices for those who could not have their voices heard otherwise because of the oppressive policies of the former Soviet Union.
So in the 1990s, there was great euphoria that at the end of the Cold War, the reforms that were talked about in Russia—indeed, the privatization of many of its industries—would at last bring the types of rights to the people of Russia that they so needed. But, unfortunately, there was a mixed message, and in the 1990s, I think contrary to Western popular opinion at the time, Russia did not move forward as aggressively as we wanted with freedom and democracy.
It is interesting that Mikhail Khodorkovsky, who was part of the Communist elite, led the country into privatization in the right way. He took a company, Yukos Oil Company, and truly made it transparent and truly developed a model of corporate governance that was unheard of at the time in the former Soviet Union and unheard of in the Russian Federation, and he used that as a poster child to try to help the people of Russia. He started making contributions to the general welfare of the country, which is what we would like to see from the business and corporate community. He did that to help his own people. But he ran into trouble in the midst of the shadowy and violent Russian market, and his problems were encouraged many times by the same people who we thought were leading the reform within the Russian Federation.
By 1998, with the collapse of the ruble, the people of Russia were disillusioned; they found their prosperity was only temporary. The cost of imports was going up. The spirit of nationalism, this nationalistic obsession, became much more prominent within the Russian Federation, and the move toward privatization lost a lot of its luster.
The rise of Mr. Putin to power also established what was known as vertical power, and independent companies were inconsistent with that model he was developing to try to keep control of his own country. Therefore, what he did under this new rubric was to encourage nationalization spirit, to the detriment of independent companies and to the detriment of the development of opposition opportunity, democracy, and personal freedom. We started to see the decline of the open and free and independent media.
All of this came about, and a highly successful and independent company such as Yukos under the leadership of Mikhail Khodorkovsky was inconsistent with what Mr. Putin was trying to do in Russia. As a result, there was a demise of the company, and the trials ensued. My friend Senator Wicker talked about what happened in the trial. It was a miscarriage of justice. It was wrong. We have expressed our views on it. And it is still continuing to this day. I thank Senator Wicker for continuing to bring this to the Members' attention and I hope to the people of Russia so they will understand there is still time to correct this miscarriage of justice.
Mr. WICKER. I thank my colleague.
I will go on to point out that things started coming to a head when Mr. Khodorkovsky started speaking out against the Russian Government, led by President Putin, and his company that he headed, Yukos, came into the sights of the Russian Federation.
Mr. Khodorkovsky visited the United States less than a week before his arrest. He was in Washington speaking to Congressman Tom Lantos, the late Tom Lantos, a venerated human rights advocate from the House of Representatives, who had seen violations of human rights in his own rights. Mr. Khodorkovsky told Congressman Lantos that he had committed no crimes but he would not be driven into exile. He said: "I would prefer to be a political prisoner rather than a political immigrant." And, of course, a political prisoner is what he is now.
Shortly after his arrest, government officials accused Yukos Oil of failing to pay more than $300 billion in taxes. At the time, Yukos was Russia's largest taxpayer. Yet they were singled out for tax evasion. And PricewaterhouseCoopers had recently audited the books of Yukos, and the government tax office had approved the 2002 to 2003 tax returns just months before this trumped-up case was filed.
The Russian Government took over Yukos, auctioned it off, and essentially renationalized the company, costing American stockholders $7 billion and stockholders all around the country who had believed Russia was liberalizing and becoming part of the market society. A Swiss court has ruled the auction illegal. A Dutch court has ruled the auction illegal. But even more so, they tried these two gentlemen and placed them in prison. Mr. Khodorkovsky apparently had the mistaken impression that he was entitled to freedom of speech, and we discovered that in Russia, at the time of the trial and even today, he was not entitled, in the opinion of the government, to his freedom of speech.
A recent foreign policy magazine called Khodorkovsky the "most prominent prisoner" in Vladimir Putin's Russia and a symbol of the peril of challenging the Kremlin, which is what Mr. Khodorkovsky did.
I would quote a few paragraphs from a recent AP story by Gary Peach about the testimony of a former Prime Minister who actually served during the Putin years:
A former Russian prime minister turned fierce Kremlin critic came to the defense of an imprisoned tycoon on Monday—
This is a May 24 article—
-- telling a Moscow court that prosecutors' new charges of massive crude oil embezzlement are absurd.
What we now find is that when Mr. Khodorkovsky is about to be released from his first sentence, new charges have arisen all of a sudden. After years and years of imprisonment in Siberia, new charges have arisen.
Mikhail Kasyanov, who headed the government in 2000-2004, told the court that the accusations against Khodorkovsky, a former billionaire now serving an eight-year sentence in prison, had no basis in reality.
This is a former Prime Minister of the Russian Federation.
Prosecutors claim that Khodorkovsky, along with his business partner [who is also in prison] embezzled some 350 million tons—or $25 billion worth—of crude oil while they headed the Yukos Oil Company.
That's all the oil Yukos produced over six years, from 1998 to 2003. I consider the accusation absurd.
He said that while Prime Minister, he received regular reports about Russia's oil companies and that Yukos consistently paid its taxes. Kasyanov, who served as Prime Minister during most of President Putin's first term, said that both the current trial and the previous one, which ended with a conviction, were politically motivated. So I would say this is indeed a damning accusation of the current trial going on, even as we speak, in Moscow.
Mr. CARDIN. Senator Wicker has pointed out in I think real detail how the dismantling of the Yukos Oil Company was done illegally under any international law; it was returning to the Soviet days rather than moving forward with democratic reform. As Senator Wicker has pointed out, the personal attack on its founders—imprisoning them on charges that were inconsistent with the direction of the country after the fall of the Soviet Union—was another miscarriage of justice, and it is certainly totally inconsistent with the statements made after the fall of the Soviet Union.
The early Putin years were clearly a return to nationalism in Russia and against what was perceived at that time by the popular Western view that Russia was on a path toward democracy. It just did not happen. And it is clearly a theft of a company's assets by the government and persecution, not prosecution, of the individuals who led the company toward privatization, which was a clear message given by the leaders after the fall of the Soviet Union.
This cannot be just left alone. I understand the individuals involved may have been part of the elite at one time within the former Soviet Union. I understand, in fact, there may have been mixed messages when you have a country that is going through a transition. But clearly what was done here was a violation of their commitments under the Helsinki Commission, under the Helsinki Final Act. It was a violation of Russia's statements about allowing democracy and democratic institutions. It was a violation of Russia's commitments to allow a free market to develop within their own country. All of that was violated by the manner in which they handled Mr. Khodorkovsky as well as his codefendant and the company itself. And it is something we need to continue to point out should never have happened.
The real tragedy here is that this is an ongoing matter. As Senator Wicker pointed out, there is now, we believe, an effort to try him on additional charges even though he has suffered so much. And it is a matter that—particularly with the Russian leadership visiting the United States, with direct meetings between our leaders, between Russia and the United States—I hope can get some attention and a chance for the Russian Federation to correct a miscarriage of justice.
Mr. WICKER. Indeed, the second show trial of Mr. Khodorkovsky has entered its second year. We have celebrated the anniversary of the second trial.
I ask unanimous consent to have printed in the Record an editorial by the Washington Post dated June 9, 2010, at this point.
There being no objection, the material was ordered to be printed in the Record, as follows:
[From the Washington Post, June 9, 2010]
Show Trial: Should Ties to Russia Be Linked to Its Record on Rights?
Russia's government has calculated that it needs better relations with the West to attract more foreign investment and modern technology, according to a paper by its foreign ministry that leaked to the press last month. Prime Minister Vladimir Putin has recently made conciliatory gestures to Poland, while President Dmitry Medvedev sealed a nuclear arms treaty with President Obama. At the United Nations, Russia has agreed to join Western powers in supporting new sanctions against Iran.
Moscow's new friendliness, however, hasn't led to any change in its repressive domestic policies. The foreign ministry paper says Russia needs to show itself as a democracy with a market economy to gain Western favor. But Mr. Putin and Mr. Medvedev have yet to take steps in that direction. There have been no arrests in the more than a dozen outstanding cases of murdered journalists and human rights advocates; a former KGB operative accused by Scotland Yard of assassinating a dissident in London still sits in the Russian parliament.
Perhaps most significantly, the Russian leadership is allowing the trial of Mikhail Khodorkovsky, a former oil executive who has become the country's best-known political prisoner, to go forward even though it has become a showcase for the regime's cynicism, corruption and disregard for the rule of law. Mr. Khodorkovsky, who angered Mr. Putin by funding opposition political parties, was arrested in 2003 and convicted on charges of tax evasion. His Yukos oil company, then Russia's largest, was broken up and handed over to state-controlled firms.
A second trial of Mr. Khodorkovsky is nearing its completion in Moscow, nearly a year after it began. Its purpose is transparent: to prevent the prisoner's release when his first sentence expires next year. The new charges are, as Mr. Putin's own former prime minister testified last week, absurd: Mr. Khodorkovsky and an associate, Platon Lebedev, are now accused of embezzling Yukos's oil production, a crime that, had it occurred, would have made their previously alleged crime of tax evasion impossible.
Mr. Khodorkovsky, who acquired his oil empire in the rough and tumble of Russia's transition from communism, is no saint, but neither is he his country's Al Capone, as Mr. Putin has claimed. In fact, he is looking more and more like the prisoners of conscience who have haunted previous Kremlin regimes. In the past several years he has written numerous articles critiquing Russia's corruption and lack of democracy, including one on our op-ed page last month.
Mr. Obama raised the case of Mr. Khodorkovsky last year, and the State Department's most recent human rights report said the trial "raised concerns about due process and the rule of law." But the administration has not let this obvious instance of persecution, or Mr. Putin's overall failure to ease domestic repression, get in the way of its "reset" of relations with Moscow. If the United States and leading European governments would make clear that improvements in human rights are necessary for Moscow to win trade and other economic concessions, there is a chance Mr. Putin would respond. If he does not, Western governments at least would have a clearer understanding of where better relations stand on the list of his true priorities.
Mr. WICKER. The editorial points out that Russia's Government is trying to think of ways to attract more foreign investment, and it juxtaposes this desire for more Western openness and investment with the Khodorkovsky matter and says that this trial has become a showcase for the Russian regime's cynicism, corruption, and disregard for the rule of law.
It goes on to say: The new charges are, as Mr. Putin's own Prime Minister testified last week, absurd. Mr. Khodorkovsky and his associate, Platon Lebedev, are now accused of embezzling Yukos Oil's production—a crime that, had it occurred, would have made their previously alleged crime of tax evasion impossible.
So the cynicism of these charges is that they are inconsistent with each other. Yet, in its brazenness, the Russian Federation Government and its prosecutors proceed with these charges.
The article goes on to say: Mr. Khodorkovsky is looking more and more like a prisoner of conscience who haunted the previous criminal regime.
Mr. Obama raised the case of Mr. Khodorkovsky last year, and the State Department's most recent human rights report said the trial "raised concerns about due process and the rule of law."
I will say they raised concerns.
Let me say in conclusion of my portion—and then I will allow my good friend from Maryland to close—this prosecution and violation of human rights and the rule of law of Lebedev and Khodorkovsky has brought the censure of the European Court of Human Rights that ruled that Mr. Khodorkovsky's rights were violated. A Swiss court has condemned the action of the Russian Federation and ruled it illegal. A Dutch court has said it is illegal. It has been denounced by such publications as Foreign Policy magazine, the Washington Post, a former Prime Minister who actually served under Mr. Putin. It has been denounced in actions and votes by the European Parliament, by other national parliaments, by numerous human rights groups, and by the U.S. State Department.
I submit, for those within the sound of my voice—and I believe there are people on different continents listening to the sound of our voices today—it is time for the Russian President to step forward and put an end to this farce, admit that this trial has no merit in law, and it is time for prosecutors in Moscow to cease and desist on this show trial and begin to repair the reputation of the Russian Federation when it comes to human rights and the rule of law.
Mr. CARDIN. Mr. President, I thank Senator Wicker for bringing out the details of this matter. It has clearly been recognized and condemned by the international community as against international law. It is clearly against the commitments Russia had made when the Soviet Union fell. It is clearly of interest to all of the countries of the world. Originally, when Yukos oil was taken over, investors outside of Russia also lost money. So there has been an illegal taking of assets of a private company which have affected investors throughout the world, including in the United States. It has been offensive to all of us to see imprisoned two individuals who never should have been tried and certainly should not be in prison today. All that is offensive to all of us. But I would think it is most offensive to the Russian people.
The Russian people believed their leaders, when the Soviet Union collapsed, that there would be respect for the rule of law; that there would be an independent judiciary, and their citizens could get a fair trial.
We all know—and the international community has already spoken about this—that Mikhail Khodorkovsky did not get a fair trial. So the commitment the Russian leaders made to its own people of an independent and fair judiciary has not been adhered to. This is not an isolated example within Russia. We know investigative reporters routinely are arrested, sometimes arrested with violence against them. We know opposition parties have virtually no chance to participate in an open system, denying the people a real democracy. But here with justice, Russia has a chance to do so.
I find it remarkable that Mr. Khodorkovsky's spirits are still strong, as Senator Wicker pointed out. Let me read a recent quote from Mr. Khodorkovsky himself, who is in prison:
“You know, I really do love my country, my Moscow. It seems like one huge apathetic and indifferent anthill, but it's got so much soul. . . . You know, inside I was sure about the people, and they turned out to be even better than I'd thought.”
I think Senator Wicker and I both believe in the Russian people. We believe in the future of Russia. But the future of Russia must be a nation that embraces its commitments under the Helsinki Final Act. It has to be a country that shows compassion for its citizens and shows justice. Russia can do that today by doing what is right for Mr. Khodorkovsky and his codefendant: release them from prison, respect the private rights and human rights of its citizens, and Russia then will be a nation that will truly live up to its commitment to its people to respect human rights and democratic principles.
Again, I thank Senator Wicker for bringing this matter to the attention of our colleagues. It is a matter that can be dealt with, that should be dealt with, and we hope Russia will show justice in the way it handles this matter.
Mr. WICKER. I thank my colleague and yield the floor.