Children's Day in Turkey

Children's Day in Turkey

Hon.
Christopher H. Smith
United States
House of Representatives
106th Congress Congress
First Session Session
Wednesday, April 21, 1999

Mr. Speaker, later this week the Republic of Turkey will celebrate “Children's Day” as has been the custom every April 23rd since the early 1920s. Such festive occasions are important reminders of the wonderful blessing that children are to family and society alike. Regrettably, the joy of this celebration will not be shared by all children in Turkey.

 

Recently, I chaired a hearing of the Helsinki Commission that reviewed human rights practices in Turkey, an original signatory to the 1975 Helsinki Final Act. The disturbing testimony presented at that hearing underscored the vulnerability of children. Assistant Secretary of State for Democracy, Human Rights and Labor, Harold Koh, cited the case of two-year-old Azat Tokmak to illustrate how terrible and dehumanizing the practice of torture is for everyone involved, including children. Azat was tortured, according to Mr. Koh, in an effort to secure a confession from her mother. He testified: “In April [1998] the Istanbul Chamber of Doctors certified that Azat showed physical and psychological signs of torture after detention at an Istanbul branch of the anti-terror police. Azat's mother, Fatma Tokmak, was detained in December 1996 on suspicion of membership in the Kurdistan Workers Party (PKK). Azat was burned with cigarettes and kicked in an effect to make her mother confess.” Mr. Speaker, we are talking about a two-year-old child, a baby, being tortured by police.

 

At the same March 18th hearing, Stephen Rickard, Director of the Washington Office of Amnesty International USA, observed, “There is something Orwellian about calling units that torture and beat children and sexually assault their victims “anti-terror” police.” Mr. Rickard displayed a photograph of Done Talun, a twelve-year-old girl from a poor neighborhood in Ankara, to give a human face to the problem of torture in Turkey. “For five days, she was beaten and tortured while her frantic family asked for information about her whereabouts and condition,” Rickard said. Done was accused of stealing some bread. Her torture reportedly occurred at the Ankara Police Headquarters. “Is this young girl's case unique? Unfortunately, it is not,” he concluded. Mr. Rickard presented the Commission with a recent AI report: “Gross Violations in the Name of Fighting Terror: The Human Rights Record Of Turkey's ‘Anti-Terror’ Police Units.” The report includes a section on the torture of children.

 

Mr. Douglas A. Johnson, Executive Director of the Center for Victims of Torture, testified that there are thirty-seven different forms of torture practiced in Turkey today. Addressing the torture of children, Johnson observed, “twenty percent of our clients over the years were tortured when they were children, and usually that was to use them as a weapon against their parents,” similar to the case of two-year-old Azat Tokmak.

 

Mr. Speaker, I urge the Clinton Administration to press the Government of Turkey to eliminate the climate of impunity that has allowed children like Azat and Done to be subjected to such gross abuse at the hands of the police. Then, and only then, will children such as these, “the least of these,” be able to fully partake in the joy of this special Children's Day set aside to celebrate their lives and those of all children in Turkey.

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    Between 1991 and 2001 the Socialist Federal Republic of Yugoslavia, made up of six republics, was broken apart by a series of brutal armed conflicts. The conflicts were characterized by widespread and flagrant violations of international humanitarian law, among them mass killings of civilians, the massive, organized and systematic detention and rape of women, torture, and practices of ethnic cleansing, including forced displacement. In 1992 the U.N. established a Commission of Experts that documented the horrific crimes on the ground and led to the 1993 creation of the International Criminal Tribunal for the former Yugoslavia (ICTY). This month, after more than two decades of persistent, ground-breaking efforts to prosecute the individuals responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia, the ICTY is concluding its work. As it prepares to close its doors, this briefing will assess the tribunal’s achievements and limitations, and most importantly, what still needs to be done by the countries of the region to seek justice in outstanding cases, bring greater closure to victims, and foster greater reconciliation among peoples. Panelists discussed these questions and suggested ways that the United States, Europe, and the international community as a whole can encourage the further pursuit of justice in the Western Balkans.

  • The Legacy of Sergei Magnitsky

    By Woody Atwood, Intern In 2008, a Russian tax lawyer named Sergei Magnitsky representing Hermitage Capital Management in a dispute over alleged tax evasion discovered a $230 million fraud being committed by Russian law enforcement officers assigned to the case. Magnitsky reported the fraud to the authorities and was arrested soon after by the same officers he had accused. For almost a year, Magnitsky was held in squalid prison conditions, denied visits from his family, and beaten by guards. Despite developing serious cases of gallstones, pancreatitis, and cholecystitis, he was denied medical attention. On November 16, 2009, Sergei Magnitsky was beaten to death in his cell. He had been imprisoned for 358 days, just seven days short of the maximum legal pre-trial detention period in Russia. A year later, Sen. Ben Cardin (MD), then Chairman of the Helsinki Commission, introduced the Justice for Sergei Magnitsky Act, directing the U.S. Secretary of State to publish a list of individuals involved in Sergei’s detention and death, and enabling the government to deny these individuals entry to the United States and freeze their American assets. The bill was reintroduced in the next Congress as the Sergei Magnitsky Rule of Law Accountability Act. This version covered all individual who commit extrajudicial killings, torture or otherwise egregiously violate the human rights of activists or whistleblowers in Russia. Both houses of Congress passed the new bill in late 2012 as part of the Russia and Moldova Jackson-Vanik Repeal and Sergei Magnitsky Rule of Law Accountability Act. On December 14, 2012, President Obama signed the Magnitsky Act into law, establishing severe consequences for the worst human rights violators in Russia. Just weeks after the passage of the Magnitsky Act, the Russian parliament and government responded by passing a law banning American families from adopting children from Russia. The law immediately terminated adoptions that were being processed, and many children, including children with serious disabilities, who were due to leave Russia were never able to join their American families. In 2013, the Russian government also issued a list of 18 American officials banned from entering Russia. In 2015, Sen. Cardin and Rep. Chris Smith (NJ-04), who was then chairing the Helsinki Commission, introduced the Global Magnitsky Human Rights Accountability Act to expand the authorities established by the original Magnitsky Act to include the worst human rights violators and those who commit significant acts of corruption around the world. The legislation required the President to annually issue a list of individuals sanctioned under it on Human Rights Day (December 10) or the soonest day thereafter when the full Congress is in session. The global version was passed in December 2016 as part of the National Defense Authorization Act for Fiscal Year 2017. The story of Sergei Magnitsky and the actions of the U.S. Congress have sparked a global movement to hold individual perpetrators accountable for their human rights violations and corruption. In the last year, Estonia, Canada, the United Kingdom, and Lithuania have all passed their own Magnitsky laws. In honor of Human Rights Day and the fifth anniversary of the Magnitsky Act, and to correspond to the deadline for the annual Global Magnitsky List, the U.S. Helsinki Commission is holding two events related to the legacy of Sergei Magnitsky. On Wednesday, December 13, at 3:00PM Commission staff will lead a public briefing on “Combating Kleptocracy with the Global Magnitsky Act,” and on Thursday, December 14, Commissioners will hear testimony on “The Magnitsky Act at Five: Assessing Accomplishments and Challenges.”

  • Helsinki Commission, Tom Lantos Human Rights Commission Announce Briefing on Justice in Western Balkans and Closing of International Tribunal

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the Tom Lantos Human Rights Commission (TLHRC) today announced the following briefing: THE INTERNATIONAL TRIBUNAL AND BEYOND: PURSUING JUSTICE FOR ATROCITIES IN THE WESTERN BALKANS Tuesday, December 12, 2017 10:00 AM - 11:30 PM Rayburn House Office Building Room 2255 Live Webcast: www.facebook.com/HelsinkiCommission Between 1991 and 2001 the Socialist Federal Republic of Yugoslavia, made up of six republics, was broken apart by a series of brutal armed conflicts. The conflicts were characterized by widespread and flagrant violations of international humanitarian law, among them mass killings of civilians, the massive, organized and systematic detention and rape of women, torture, and practices of ethnic cleansing, including forced displacement. In 1992 the U.N. established a Commission of Experts that documented the horrific crimes on the ground and led to the 1993 creation of the International Criminal Tribunal for the former Yugoslavia (ICTY). This month, after more than two decades of persistent, ground-breaking efforts to prosecute the individuals responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia, the ICTY is concluding its work. As it prepares to close its doors, this briefing will assess the tribunal’s achievements and limitations, and most importantly, what still needs to be done by the countries of the region to seek justice in outstanding cases, bring greater closure to victims, and foster greater reconciliation among peoples. Panelists will discuss these questions and suggest ways that the United States, Europe, and the international community as a whole can encourage the further pursuit of justice in the Western Balkans.  Panelists: Serge Brammertz, Chief Prosecutor, International Criminal Tribunal for the former Yugoslavia Nemanja Stjepanovic, Member of the Executive Board, Humanitarian Law Center (from Belgrade, Serbia, live via video) Diane Orentlicher, Professor of Law, Washington College of Law, American University Additional panelists may be added.  

  • Turkish Pressure on NGO Participation in the OSCE

    In September 2017, Turkey walked out of the annual OSCE Human Dimension Implementation Meeting (HDIM) in Warsaw to protest the registration of an NGO it claimed was a “terrorist” organization due to its alleged connections to Fethullah Gülen. Since then, Turkey has continued to protest the NGO’s participation in OSCE events, and boycotted two subsequent Supplementary Human Dimension Meetings in Vienna: one on the role of free media in the comprehensive approach to security, held from November 2 to November 3, and one on access to justice as a key element of the rule of law, held from November 16 to November 17. Under OSCE rules, the only grounds for excluding an NGO comes from the Helsinki 1992 Summit Document, which prohibits “persons or organizations which resort to the use of violence or publicly condone terrorism or the use of violence.” Turkey has demanded that the rule be renegotiated, and has implied that it might retaliate against the OSCE if the NGO continues to be allowed to attend OSCE events. NGOs are allowed to participate in the upcoming OSCE Ministerial, which will be held in Vienna on December 7 and December 8. It is unclear how Turkey will react should the same NGO register for that event.

  • Prisoners of the Purge

    In July 2016, the Turkish people helped defeat a coup attempt that sought to overthrow their country’s constitutional order. In pursuing those responsible for the putsch, however, Turkish authorities created a dragnet that ensnared tens of thousands of people. The state of emergency declared by President Erdogan in the immediate aftermath of the coup attempt remains in effect today and gives the government vast powers to detain or dismiss from employment almost anyone, with only minimal evidence. Caught up in the sweeping purge are several American citizens, including Pastor Andrew Brunson, NASA scientist Serkan Gölge. Brunson worked and raised his family in Turkey for more than 23 years. Despite the efforts of the President of the United States, among many others, he has spent more than a year in jail without trial on national security charges. In addition, Gölge and two Turkish employees of U.S. consulates stand charged with terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks.    The U.S. Helsinki Commission hearing examined the factors contributing to the detention of American citizens, particularly Mr. Brunson, and U.S. consulate employees in Turkey, as well as the judicial processes to which they have been subject. Sen. Thom Tillis presided over the hearing, voicing his concerns about the treatment of American detainees in Turkey and the country’s deteriorating democratic institutions, particularly the judiciary. During the hearing, the Commission heard testimony from Deputy Assistant Secretary of State for European and Eurasian Affairs Jonathan Cohen, Executive Senior Counsel for the American Center for Law and Justice (ACLJ) CeCe Heil, Pastor Brunson’s daughter Jacqueline Furnari, and Director of Freedom House’s Nations in Transit Project Nate Schenkkan.   All witnesses spoke to their concerns about the worsening political climate in Turkey and the safety of its political prisoners, including Mr. Brunson and Mr. Gölge. They also discussed the impact of these arrests on U.S.-Turkey relations and policy recommendations that could help secure their release and promote Turkey’s respect for its rule of law and other commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE). Mr. Cohen called on the Turkish government to end the protracted state of emergency, cease sweeping roundups, and expedite due process for all the detained. He encouraged Congress to continue engagement through in-person and written correspondence with Turkish officials to communicate concerns about specific detention cases and the broader rule of law. Mr. Schenkkan detailed the scale of Turkey’s wide-scale purges, which he described as targeting independent voices and ordinary citizens from nearly every sector and as far exceeding any reasonable scope corresponding to the failed coup attempt. He recommended that the United States explore the application of individual sanctions against Turkish officials responsible for the prolonged and unjust detention of American citizens and U.S. consulate employees. Mrs. Heil and Mrs. Furnari testified about the physical, psychological, and personal toll of Pastor Brunson’s prolonged detention. They noted that Pastor Brunson has lost 50 pounds while in detention and suffered psychologically and emotionally from his isolation and separation from his family.

  • Bill Browder, Putin Enemy No. 1

    The harrowing tale of Bill Browder—how an American-born businessman became an enemy of the Russian state, how he has to live in constant fear, never knowing if the long arm of the Kremlin will snatch him, or kill him—is its own kind of daily terror. But what Browder’s story tells us about the way Vladimir Putin operates, and what he might want from this country, should scare us all. William Browder took his family on vacation in July, though he won't say where because that is one of those extraneous bits of personal information that could, in a roundabout way, get him bundled off to a Siberian prison or, possibly, killed. For eight years, he's been jamming up the gears of Vladimir Putin's kleptocratic machine, a job that seems to often end in jail or death, both of which he'd very much like to avoid. He'll concede, at least, that his leisure travels took him from London, where he lives, through Chicago, where he changed planes. As he walked through a terminal at O'Hare, he got a call from a New York Times reporter named Jo Becker. "Do you know anything," she asked, "about a Russian lawyer named Natalia Veselnitskaya?" Browder stopped short. "Yes," he said. "I know a lot about her." One of the most important things he knew was that Veselnitskaya had spent many dollars and many hours trying to convince Washington that Browder is a criminal. More than a decade ago, Browder was the largest individual foreign investor in Russia, managing billions in his hedge fund. Then, in 2009, one of his attorneys was tortured to death in a Moscow jail after exposing a massive tax fraud committed by Russian gangsters. His name was Sergei Magnitsky, and Browder has spent the years since trying to hold accountable anyone connected to Sergei's death. The most significant way is through the Sergei Magnitsky Rule of Law Accountability Act, a 2012 U.S. law that freezes the assets and cripples the travel of specific Russians, many of whom have allegedly laundered millions of dollars in the West. The Kremlin hates that law. Putin's hold on power requires the loyalty of dozens of wealthy oligarchs and thousands of complicit functionaries, and their loyalty, in turn, requires Putin to protect the cash they've stashed overseas. Putin hates the law so much that he retaliated by banning Americans from adopting Russian children—yes, by holding orphans hostage—and has said that overturning the Magnitsky Act is a top priority. That's where Veselnitskaya comes in. As a lawyer, she represented a Russian businessman trying to recover $14 million frozen by the Magnitsky Act. More important, she was involved in an extensive 2016 lobbying and public-relations campaign to weaken or eliminate the act, in large part by recasting Browder as a villain who conned Congress into passing it. That was not empty political spin for an American audience: The Russians really do want Browder in prison. In 2013, a Russian court convicted him in absentia (and Sergei in his grave) of the very crime Sergei uncovered and sentenced Browder to nine years in prison. Later, it got worse. In April 2016, Russian authorities accused Browder of murdering Sergei—that is, of killing the person on whose behalf Browder had been crusading, and who the Russians for seven years had insisted was not, in fact, murdered. The campaign was oafish yet persistent enough that Browder thought it wise to compile a 26-page presentation on the people behind it. Veselnitskaya appears on five of those pages. "I've been trying to get someone to write this goddamned story," Browder told Becker on July 8. "She's not just some private lawyer. She's a tool of the Russian government." But why, Browder wanted to know, was Becker suddenly interested? "I can't tell you," she said. "But I think you'll be interested in a few hours." Browder flew off to the place he won't name, switched on his phone, and scrolled to the Times website. He drew in a sharp breath. He exhaled. F***. Donald Trump Jr. told the Times that the June 9, 2016, meeting had been about adoptions, which demonstrated either how out of his depth he was or how stupid he thought reporters were. If Veselnitskaya had been talking about adoption, she of course had been talking about the Magnitsky Act. Which meant she'd also been talking about Bill Browder. He read the story again, closely. Browder wasn't sure what the implications were. But if he'd known about it in real time—that the staff of a major-party presidential candidate was listening intently to those who accuse him of murder and want him extradited and imprisoned—he would have been terrified. "Putin kills people," Browder said to me one afternoon this autumn. "That's a known fact. But Putin likes to pretend that he doesn't kill people. So he tends to kill people he can get away with killing." Browder did not say this as if it were a revelation. (And technically it's an allegation that Putin has people killed, albeit one so thoroughly supported by evidence and circumstance that no one credibly disputes it.) Rather, he told me that by way of explaining why he was telling me anything at all: The more often and publicly he tells the story of Sergei Magnitsky, the less likely he'll be to get poisoned or shot or tossed out a window, which has happened to a number of Putin's critics. If anything does happen to him, he reasons, the list of suspects would be short. He spoke softly, methodically, though with great efficiency; not scripted, but well practiced. We were in the conference room of his offices in London. Afternoon light washed through a wall of windows, threw bright highlights onto his scalp, sparked off the frame of his glasses. Browder is 53 years old, medium build, medium height, medium demeanor, and was wearing a medium-blue suit. He does not look like a threat to Russian national security, which the Kremlin declared him to be 12 years ago. Still, there is a hint of steel, something hard and sharp beneath all of the mediumness; if he confessed that he'd served in the Special Forces, it would be a little surprising but not shocking. It was late September, and Donald Trump had been president for 248 days. In the weeks after the election, Browder was "worried and confused." Trump has a creepy habit of praising Putin, but he'd also surrounded himself with Russia hard-liners like General James Mattis, Nikki Haley, and Mike Pompeo—secretary of defense, ambassador to the United Nations, and director of the CIA, respectively. Browder war-gamed the Magnitsky Act but didn't see any way that Trump could kill it—Congress would have to repeal the law—only a chance that he might refuse to add more names to the target list. (Five people were added to the list last January, bringing the total to 44.) He figured the same was true with the Global Magnitsky Human Rights Accountability Act, which President Obama signed shortly before leaving office, expanding the targeted-sanctions tool to human-rights abusers worldwide. The Russians hate that law, too, because having "Magnitsky" in the title reminds the entire planet where the standard was set and by whom. The first months of the new administration unspooled, spring into summer. Trump's flirtation with Putin persisted, but with no practical effect. "The Russians got nothing," Browder said. Congress, in fact, imposed its own sanctions on Russia for meddling in the 2016 election, cutting Trump out of the loop entirely. "I watch this like a hawk," Browder said, "and so far they've gotten nothing. There's not a single piece of Russian policy that's gone Putin's way." But then, in July, the Times reported that Veselnitskaya had met with Trump Jr., Jared Kushner, and Paul Manafort, Trump's campaign manager at the time, in June 2016. That shifted the calculus. "America has been my staunchest ally," Browder said. "It wasn't an assumption but a question: Had they flipped my biggest ally?" That was still an open question when we met in London. Much more had been reported about Trump and Russia. Other contacts and communications were known, and details kept evolving, an endless, sloppy churn of information. There was more, too, about the meeting with Veselnitskaya, which happened two weeks after Trump secured the nomination: It was attended by eight people in all, including Rinat Akhmetshin, who is usually described as a former Russian military-intelligence officer, though that generously assumes that any Russian spook is ever fully retired from the spy game. Browder has another PowerPoint presentation on him. Additionally, Manafort's notes on the meeting reportedly mentioned Browder by name. This is all bad. "They were in a meeting to discuss Bill Browder, the Magnitsky Act, and how to get the Magnitsky Act repealed," he said. "Now, what [the Russians] were offering in return, we don't know. But if it had just been a courtesy meeting, only one of [the Trump team] would have showed up." Maybe no one will ever know what, if anything, the Russians offered. But there's no doubt what they wanted, and how badly. In a four-page memo prepared for the meeting by Veselnitskaya (and later obtained by Foreign Policy), the Magnitsky Act was inspired by "a fugitive criminal" who ripped off the Russian treasury and then went on a worldwide publicity tour to, apparently, cover it up. "Using the grief of the family of Magnitsky to his own advantage, Browder exposes them as a human shield to distract attention from the details of his own crime," she wrote. Passage of the Magnitsky Act, moreover, marked "the beginning of a new round of the Cold War." That is an assertion as grandiose as it is belligerent. And yet it is not wholly inaccurate. To understand why the Kremlin is so perturbed, it helps to understand Bill Browder. In many ways, he is the Rosetta Stone for decoding the curious relationship between the Trumps and the Russians. Browder's grandfather Earl was a communist. He started as a union organizer in Kansas and spent some time in the Soviet Union in the 1920s, where he married a Jewish intellectual and had the first of his three sons, Felix. The family moved to Yonkers in 1932, where Earl became secretary general of the Communist Party USA. He ran for president twice, in 1936 and 1940, and Time magazine put him on its cover in 1938 above the headline COMRADE EARL BROWDER. His fortunes fell in 1941, when he was convicted of passport fraud. His four-year sentence was commuted after 14 months, and he was released into relative obscurity until the 1950s, when he was harassed by the House Un-American Activities Committee. Bill's grandmother steered her boys away from politics and toward academics, in which they wildly overachieved. Felix enrolled at M.I.T. at the age of 16, graduated in two years, and had a Princeton Ph.D. in math when he was 20. He met his wife, Eva, at M.I.T., a Jewish girl who'd fled Vienna ahead of the Nazis and spent her teenage years in a tenement with her impoverished mother. Felix and Eva had two boys. Their first, Thomas, took after his father: University of Chicago at 15, doctoral student in physics at 19. Their second, Bill, did not. He liked to ski and smoke and drink. He got kicked out of a second-tier boarding school and barely got into the University of Colorado, which was fine with him because it was a notorious party school. By his account, he spent his formative years rebelling against everything his leftist-intellectual family held sacred. "Rejecting school was a good start, but if I really wanted to upset my parents, then I would have to come up with something else," he wrote in his 2015 book, Red Notice: A True Story of High Finance, Murder, and One Man's Fight for Justice. "Then, toward the end of high school, it hit me. I would put on a suit and tie and become a capitalist. Nothing would piss off my family more than that." He started studying, transferred to the University of Chicago, got into a two-year pre-MBA program at Bain & Company, in Boston. He parlayed that and an essay about Comrade Earl Browder—from communist to capitalist in two generations!—into a seat at Stanford. Out of genealogical curiosity, he began thinking about Eastern Europe. "If that's where my grandfather had carved out his niche," he wrote, "then maybe I could, too." He got a job with a consulting firm and moved to London in August 1989. Three months later, the Berlin Wall fell and the Soviet Union crumbled. Eastern Europe was wide open for business. His first account was consulting for a Polish bus manufacturer that was bleeding cash. It was miserable work in a miserable little city, but while he was there his translator explained the financial tables in the local newspaper. With the fall of communism, nationalized companies were being privatized and their stocks were offered at fire-sale prices: A company with $160 million in profits the previous year had a stock valuation of only $80 million. Browder invested his entire savings, $2,000, in Polish stocks. He eventually walked away with $20,000. He'd found his niche. By 1993, he was in Moscow, investing in staggeringly undervalued stocks: He invested $25 million and turned a $100 million profit. With money that good and almost no Western competition, Browder, in 1996, raised enough cash to open his own fund, Hermitage Capital. Over the next decade, Hermitage did exceptionally well. The downside, though, was that the economy wasn't transitioning from communism to capitalism so much as it was devolving into gangsterism. Corruption was endemic. A handful of oligarchs looted and swindled at their leisure. Browder countered by positioning himself as an activist shareholder; he and his staff would piece together who was ripping off what, name names, try to impose a modicum of order on a lawless system. When Vladimir Putin rose to power, Browder believed he was a reformer eager to purge the kleptocracy. In 2003, for example, Putin arrested the country's richest man, oil magnate Mikhail Khodorkovsky, charged him with fraud, and displayed him in a cage in a courtroom until his inevitable conviction. In the context of the time, many critics saw the ordeal as a capricious show trial orchestrated by an authoritarian thug. Not Browder. "I would trust Putin any day of the week," he told The Washington Post in early 2004. "It's like being in a lawless schoolyard where there's bullies running around and beating up all us little people, and then one day a big bully comes along and all the little bullies fall into line. That's what the state is supposed to be—the big bully." But Putin, he discovered, wasn't pushing for good corporate governance. He was taking over the rackets. Putin put Khodorkovsky in a cage for the same reason Vito Corleone put a horse's head in Jack Woltz's bed: to send a message. Oligarchs could steal, but they had to pay tribute. Oligarchs no longer needed to be named and shamed; they needed to be kept in line and to keep earning. At that point, an activist shareholder like Browder became an expensive nuisance. Browder was kicked out of the country on November 13, 2005. For a while, he thought the Russian bureaucracy had made a mistake by canceling his visa, confusing him with someone else, perhaps, or misfiling some paperwork. He enlisted the help of British diplomats—Browder had been a British citizen since 1998—to no avail. There had been no mistake. Browder had been declared a threat to Russian national security. Hermitage Capital remained in business, though, its office run by Browder's staff while he oversaw operations from London. But in Moscow, the pressure only increased. In June 2007, security forces raided Hermitage and the office of the law firm it employed. They carted away computers and files and, interestingly, all the corporate seals and stamps. At first, none of that made sense. But then Sergei Magnitsky, a 36-year-old Muscovite who handled tax matters for Hermitage, started digging around. He eventually discovered three of Hermitage's holding companies had been used by Russian gangsters to swindle $230 million in tax rebates. It was a straight-up robbery of the Russian treasury. The scam wasn't unheard of, except the amount was perhaps the largest such tax fraud ever uncovered in Russia. Browder and his staff reported the theft to the authorities and the media in the summer of 2008. They even named suspects, including some of the security officials who'd earlier been involved in the office raids. Nothing happened. Then, a few months later, on November 24, 2008, Sergei was arrested at his home. He was held for nearly a year in various prisons, overrun with rats and damp with sewage. According to complaints Sergei wrote, he was fed porridge infested with insects and rotten fish boiled into mush. He contracted pancreatitis and gallstones but was refused treatment. Yet he was repeatedly told he would be released if he would recant his allegations and, instead, implicate Browder as the mastermind of the tax scam. He refused every time. Almost a year after he was arrested, desperately ill, Sergei was handcuffed to a bed rail in an isolation cell. Eight guards beat him with rubber truncheons. A little more than an hour later, he was dead. Before Sergei was killed, Browder had been lobbying anyone he could think of to pressure the Russians into releasing his accountant. One of the agencies he approached in the spring of 2009 was the U.S. Helsinki Commission, an independent federal agency in Washington that monitors human rights in 57 countries, including Russia. Kyle Parker, one of the Russia experts there, wasn't interested. He knew who Browder was—the money manager who'd championed Putin, the guy who'd made the rounds of Western capitals a few years earlier trying to get his visa restored. He assumed that's what Browder was still after. "Not gonna be able to make it," he e-mailed a colleague scheduling the meeting. "Unless much has changed, I see this meeting as info only and would not support any action on our part." He eventually met with Browder, though, and he listened to the story of Sergei. Parker understood, but it didn't seem especially uncommon. "I was thinking: Why is Bill trying to suck us into a pissing match between competing criminal groups?" Parker didn't even include Sergei in a 2009 letter to Obama highlighting the commission's most pressing concerns. After Sergei had been killed, Browder went back to the Helsinki Commission. Parker told him how sorry he was. He told him that he cried when he heard Sergei was dead, that he read about it through teary eyes on the Metro, riding the Red Line home to his wife and kids. He said he was going to help. "Here you have this Russian hero almost of a literary quality in Sergei Magnitsky," Parker told me. "He wasn't a guy who went to rallies with a bullhorn and protested human-rights abuses in Chechnya. He was a bookish, middle-class Muscovite. I see Sergei metaphorically as that Chinese guy standing in front of the tanks, but with a briefcase. He provided an example for all the other Russians that not everybody goes in for the deal, not everybody is corrupt, not everybody looks the other way when people are swindled." What Browder wanted was some form of justice for Sergei, though what form that would take was unclear. He'd researched his options for months. The Russians weren't going to prosecute anyone—officially, Sergei died of heart failure. There was no international mechanism to hold Russian nationals criminally accountable in another country. "Eventually," Browder said, "it became obvious that I was going to have to come up with justice on my own." He outlined a three-pronged approach. One was media, simply getting Sergei's name and his death and the reasons for it into the public consciousness. He talked to reporters, and he produced a series of YouTube videos, short documentaries on the people allegedly involved in Sergei's death. The second was tracing the money. "They killed him for $230 million," Browder said, "and I was going to find out where that money went." It was parceled out to dozens of people, tucked away in Swiss accounts and American real estate and Panamanian banks, some of it held by proxies; part of it allegedly ended up in the account of a Russian cellist who happened to be a childhood friend of Putin's. By mining bank transfers and financial records, Browder and his staff have accounted for much of it, including $14 million allegedly laundered by a Cypriot company into Manhattan property. (The Justice Department froze those funds in 2013 but settled with the company, Prevezon, last summer for $5.9 million. Prevezon's owner, a Russian named Denis Katsyv, is represented by Natalia Veselnitskaya. The case did not allege that he had any role in Magnitsky's death.) The final prong was political. Browder had heard about an obscure regulation that allows the State Department to put visa restrictions on corrupt foreign officials. But in the spring of 2010, the Obama administration was attempting to normalize relations with Russia—a "reset," as Obama famously put it. People die horrible deaths every day, and it's terrible and it shouldn't happen. But Russia is also a large country with a significant sphere of geopolitical influence and a lot of nuclear weapons. In that context, a dead middle-class tax lawyer wasn't relevant. But what if, Parker suggested, they went to Congress? What if the legislature, rather than the administration, took action? That was also a long shot. Getting any law passed is difficult, let alone one the administration opposes. But Browder told Sergei's story to congressional committees and individual senators and congressmen, and he kept telling it until the Sergei Magnitsky Rule of Law Accountability Act was passed by both houses of Congress and signed into law 11 days before Christmas 2012. The act originally named 18 Russians, including bureaucrats implicated in the original scam; investigators Sergei had accused of being involved and getting a cut of the $230 million; jailers who tormented him; and two alleged killers. As more of the stolen money was traced, more names were added to the list. Everyone on it is banned from entering the United States and, more damaging, cut off from the American banking system. That has a ripple effect: Legitimate financial institutions all over the world monitor the Treasury Department list of sanctioned individuals and are loath to do business with anyone on it. "That's what people hate about it the most," Browder said. "It makes you a financial leper." And that matters to Putin, Browder maintains, because the Russians on the list are not independently wealthy, like, say, Bill Gates or Richard Branson. "They're dependently wealthy," he said. "They're dependent on Putin." If the deal is that corrupt Russians can keep their cash in return for their loyalty, the Magnitsky Act is an enormous thorn in Putin's side. If he can't protect anyone's pilfered money, what's the point of loyalty? Putin surely understands that, because he was so transparently rattled: Taking orphans hostage is not the reasoned reaction of a man merely annoyed. Browder initially wanted to call the law the Justice for Sergei Magnitsky Act. But Parker never took to that. "Banning some corrupt officials from coming here isn't even close to justice," he said. "But it's a legislative monument to Sergei Magnitsky until one day Russia builds a stone monument to him. Because I have no doubt he'll be seen as the Russian patriot and hero that he was." Not quite three weeks after the Times broke the story of Veselnitskaya lobbying the Trump campaign to get rid of the Magnitsky Act, Browder testified before the Senate Judiciary Committee about, primarily, how Russian operatives wield influence and frame their propaganda. Eight years after he'd started targeting a handful of Russian crooks, Browder was suddenly very relevant to a much larger political storm. He flew home to London after he testified but had to return to the United States in early August. He checked in at an airline counter in Heathrow but was told there was a problem with his visa. He'd been flagged by Interpol, which had issued a red notice on him. It's basically an international arrest warrant, and it was the fourth requested by the Russians for Browder. Technically, a member nation is supposed to extradite him to the country that asked for the notice. But the British, along with other sensible Western nations, stopped taking Russia's attempts regarding Browder seriously years ago. In the end, it was only an inconvenience. But what if he'd been in, say, Finland when that notice popped up? The Finns are fine people, but they also have a 500-mile border with Russia. Would letting Browder go be worth risking an international incident with a bigger, more aggressive neighbor? He can make a reasonable case that, no, he would not be worth it. "I'm very realistic about who's coming to my defense," he said. "I am my defense." So he's careful. He avoids countries that might be friendly to Putin. Much of the Third World is out. So is Hong Kong. He'd be fine in Japan, but only if he didn't fly over Russian airspace. What if the plane has trouble and makes an emergency landing in Novosibirsk? That's where Khodorkovsky was seized and hauled off to a cage. Even in London, he's cautious. He won't talk about his family or where he lives. He varies his schedule and his route to work every day. He doesn't eat in the same restaurant twice in succession, or in any restaurant with predictable frequency; Russian agents have reputedly twice poisoned dissidents in London. He told me the British government has rebuffed at least a dozen requests to extradite him, and American intelligence has warned him that Russian agents planned to grab him off the street. Years ago, a Russian living in London came to Browder's staff with information about certain wealthy, corrupt people in Moscow. He was cagey and shifty and, at first, it seemed like he might be a Russian agent trying to plant false clues. But his information checked out and Browder learned who he really was. His name was Alexander Perepilichnyy, and he was nervous because he believed he was on a Russian hit list. On November 10, 2012, Perepilichnyy dropped dead in front of his house in Surrey. There was no obvious cause of death—no heart attack or stroke or aneurysm—and an inquest wasn't opened until last June. Perepilichnyy wasn't a well-known dissident, so no one thought to take a hard look when he died. "They got away with it," Browder said, meaning the Russians. "That's a perfect example of why you don't want to be an anonymous guy who drops dead." So Browder is deliberately not anonymous. He does not live in cloistered fear. When a car service got confused trying to pick him up for a photo shoot—definitely a way to not be anonymous—we took the Tube a few stops, then walked through Kentish Town to the studio. There was no security, just two men wandering around London. He has hobbies that he asked I not name, but none of them are solitary or sedentary. "One thing I can tell you," he said, "with the threat of death hanging over you, you live life to the fullest." He laughed a little. In this new version of his life, Browder is still most often referred to as a financier, but that's only marginally true. He gave all his investors their money back, and manages only his own now. Justice for Sergei—and aggravating Putin—is his full-time job. His staff of 11 tracks money launderers, deciphering which flunky is fronting for which oligarch, sniffing out the rest of that $230 million. He lobbies other governments to pass their own versions of the Magnitsky Act. The United Kingdom has one, as does Estonia. Lithuania is close, and Canada passed one in October. "Unconstructive political games," Putin told a Canadian interviewer immediately after, orchestrated by "the criminal activities of an entire gang led by one particular man, I believe Browder is his name." And Putin wasn't finished. A week later, Russia slipped another red notice into Interpol's system. For the second time in three months, Browder was temporarily barred from entering the U.S. It's relentless, Putin clawing at him, thrashing. "Their main objective is to get me back to Russia," he said. "And they only have to get lucky once. I have to be lucky every time." "Everything Bill's done has cost him tremendously," Parker said. "It's cost him money, restricted his personal freedom. And he didn't have to. He was out of Russia. He could have done what many did and walked away. Bad things happen, right? But here's a guy who's proven whatever he needed to prove to himself. He made his money. Now here's a way to find meaning. It's also a debt of honor." No, it's more than that. "It's penance," Browder said. Sergei Magnitsky was an ordinary Muscovite who happened to work for an American who annoyed Vladimir Putin. "Sergei was killed because of me. He was killed instead of me." He let that hang there a moment. "So, yeah, it's all penance." Sean Flynn is a GQ correspondent. This story originally appeared in the December 2017 issue with the title "Putin Enemy No.1."

  • Turkey’s Detention of U.S. Citizens to Be Scrutinized at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: PRISONERS OF THE PURGE: THE VICTIMS OF TURKEY’S FAILING RULE OF LAW November 15, 2017 9:30AM Dirksen Senate Office Building Room 124 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce111517 In July 2016, the Turkish people helped defeat a coup attempt that sought to overthrow their country’s constitutional order. In pursuing those responsible for the putsch, however, Turkish authorities created a dragnet that ensnared tens of thousands of people. The state of emergency declared by President Erdogan in the immediate aftermath of the coup attempt remains in effect today and gives the government vast powers to detain or dismiss from employment almost anyone, with only minimal evidence. Caught up in the sweeping purge are several American citizens, including pastor Andrew Brunson, who worked and raised his family in Turkey for more than 23 years. Despite the efforts of the President of the United States, among many others, he has spent more than a year in jail without trial on national security charges. Additionally, a Turkish-American NASA scientist and two Turkish employees of U.S. consulates stand charged with terrorism offenses despite no involvement with violent activity—a situation faced by thousands of other Turks.     The U.S. Helsinki Commission hearing will examine the factors contributing to the detention of American citizens, particularly Mr. Brunson, and U.S. consulate employees in Turkey, as well as the judicial processes to which they have been subject. One of Mr. Brunson’s family members and his U.S. attorney will testify about his ongoing detention. Witnesses will also discuss the impact of these arrests on U.S.-Turkey relations and policy recommendations that could help secure their release and promote Turkey’s respect for its rule of law and other commitments as a participating State of the Organization for Security and Cooperation in Europe (OSCE). Panel One: Jonathan R. Cohen, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs, U.S. Department of State Panel Two: CeCe Heil, Executive Counsel, American Center for Law and Justice (ACLJ) Jacqueline Furnari, Daughter of Andrew Brunson Nate Schenkkan, Director of the Nations in Transit Project, Freedom House

  • Religious Freedom Violations in OSCE Region Topic of Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: RELIGIOUS FREEDOM VIOLATIONS IN THE OSCE REGION: VICTIMS AND PERPETRATORS Wednesday, November 15, 2017 2:00PM Russell Senate Office Building  Room 385 Live Webcast: www.facebook.com/HelsinkiCommission All 57 participating States of the Organization for Security and Cooperation in Europe have committed to recognize and respect religious freedom as a fundamental freedom. However, some OSCE countries are among the worst perpetrators of religious freedom violations in the world. Tajikistan, Turkmenistan, and Uzbekistan are currently designated by the U.S. State Department as “Countries of Particular Concern,” a designation required by U.S. law for governments that have “engaged in or tolerated particularly severe violations of religious freedom.” The U.S. Commission on International Religious Freedom has recommended that Russia also be designated as a CPC and includes Azerbaijan, Kazakhstan, and Turkey in its list of “Tier 2” countries that “require close monitoring due to the nature and extent of violations of religious freedom engaged in or tolerated by governments.” This briefing will happen just two days after CPC designations are due on November 13 (U.S. law requires the State Department to issue new CPC designations no later than 90 days after releasing its annual International Religious Freedom report). Panelists – including a representative from a frequently targeted religious group – will discuss religious freedom victims, violators, and violations in the OSCE region. The conversation will include recommendations for what governments and the OSCE institutionally should do to prevent and respond to violations. The intersection between security, a chronic justification for violations, and religious freedom will be featured. The following panelists will offer brief remarks, followed by questions: Ambassador Michael Kozak, Bureau of Democracy, Human Rights, and Labor, U.S. Department of State Dr. Daniel Mark, Chairman, U.S. Commission on International Religious Freedom Dr. Kathleen Collins, Associate Professor of Political Science, University of Minnesota, and Scholar, Under Caesar’s Sword (a global three-year research project investigating how Christian communities respond when their religious freedom is severely violated) Philip Brumley, General Counsel, Jehovah’s Witnesses  

  • Helsinki Commission Urges Turkish President to Lift State of Emergency

    WASHINGTON—In a letter to Turkish President Recep Tayyip Erdoğan yesterday, the four senior members of the Helsinki Commission – Chairman Sen. Roger Wicker (MS), Co-Chairman Rep. Chris Smith (NJ-04), Ranking Commissioner Sen. Ben Cardin (MD), and Ranking Commissioner Rep. Alcee Hastings (FL-20) – urged him to lift the state of emergency that has been in place in Turkey since July 2016 and immediately restore Turkey’s commitment to international standards of due process and judicial independence. The bipartisan letter, which came just hours after President Erdoğan announced a fifth three-month extension of the country’s state of emergency, was also signed by Helsinki Commissioners Sen. Marco Rubio (FL), Sen. Thom Tillis (NC), Rep. Roger Aderholt (AL-04), Rep. Randy Hultgren (IL-14), Rep. Gwen Moore (WI-04), and Rep. Sheila Jackson Lee (TX-18). It reads in part: “We are concerned about your government’s continued actions to undermine human rights and democratic principles in Turkey. The prolonged state of emergency is gravely undermining Turkey’s democratic institutions and the durability of our countries’ longstanding strategic partnership, including more than half a century as NATO allies. Last year, the Turkish people defeated a violent and illegal challenge to their democratic institutions; today, the 15-month-old state of emergency poses a different threat to these same institutions, particularly the judiciary. By facilitating sweeping purges with no evidentiary standards, the state of emergency has upended countless innocent lives and undercuts domestic and international confidence in Turkey’s rule of law… “As a member of the Council of Europe and participating State of the Organization for Security and Cooperation in Europe (OSCE), your country officially recognizes the rule of law as a cornerstone of democratic governance. Restoring respect for fair judicial treatment would remove a persistent distraction in our bilateral relationship and help to rebuild a principles-based partnership rooted in shared commitments to collective security, democracy, human rights, and the rule of law.” The letter highlighted the cases of American citizens Andrew Brunson, a pastor, and Serkan Gölge, a NASA scientist, both of whom were arrested in Turkey following the coup attempt. As of mid-2017, at least seven additional American citizens were jailed in Turkey. The letter also noted the cases of two detained Turkish employees of the U.S. consulates in Turkey as well as a group of Turkish and international activists—known as the Istanbul 10—who were arrested this summer while holding a routine human rights defenders workshop in Istanbul. The full text of the letter can be found below: Dear President Erdoğan, We are concerned about your government’s continued actions to undermine human rights and democratic principles in Turkey. The prolonged state of emergency is gravely undermining Turkey’s democratic institutions and the durability of our countries’ longstanding strategic partnership, including more than half a century as NATO allies. Last year, the Turkish people defeated a violent and illegal challenge to their democratic institutions; today, the 15-month-old state of emergency poses a different threat to these same institutions, particularly the judiciary. By facilitating sweeping purges with no evidentiary standards, the state of emergency has upended countless innocent lives and undercuts domestic and international confidence in Turkey’s rule of law. In February, many of us joined over 70 of our colleagues from the U.S. Senate and House of Representatives to appeal to you for the immediate release of American pastor Andrew Brunson, who has been held without trial for a year on baseless terrorism charges. We continue to be dismayed by your government’s unwillingness to heed our calls for his release and the recent imposition of four additional charges on Mr. Brunson for allegedly conspiring to overthrow your government. These allegations are preposterous. We urge you to recognize them as such, drop all charges against Mr. Brunson, and release him. Since the failed coup attempt, Turkish authorities have arrested a number of American dual citizens and two long-time Turkish employees at U.S. consulates on terrorism charges. Some of these individuals—including American citizen and NASA scientist Serkan Gölge—have been in jail for more than a year despite the prosecution’s ability to present only circumstantial evidence against them. Our citizens have also been denied the courtesy of U.S. consular assistance that would help them and their families cope with these difficult and confusing circumstances. It is clear that terrorism charges under the state of emergency are also being manipulated to suppress the activism of a group of human rights defenders arrested in early July. Authorities seized a group of ten Turkish and international activists holding a routine human rights defenders workshop in Istanbul. The group of activists, which has come to be known as the Istanbul 10 and includes Amnesty International’s Turkey Director, Ms. İdil Eser, is charged with “committing crime in the name of a terrorist organization without being a member.” A month earlier, Amnesty International’s Turkey Board Chair, Mr. Taner Kılıç, was arrested on charges of being a member of an alleged terrorist organization. Ms. Eser, Mr. Kılıç, and many of their colleagues remain in pre-trial detention. We urge you to ensure the timely, transparent, and fair adjudication of the aforementioned cases, lift the state of emergency and immediately restore Turkey’s commitment to international standards of due process and judicial independence. As a member of the Council of Europe and participating State of the Organization for Security and Cooperation in Europe (OSCE), your country officially recognizes the rule of law as a cornerstone of democratic governance. Restoring respect for fair judicial treatment would remove a persistent distraction in our bilateral relationship and help to rebuild a principles-based partnership rooted in shared commitments to collective security, democracy, human rights, and the rule of law. Thank you for your attention to this important matter. Sincerely, 

  • Refugee Crisis in Europe and Turkey

    Since 2015, more than 2 million people have traveled north across the Mediterranean Sea, seeking refuge from wars, political repression, famine, and climates of economic and social hopelessness. In 2017 alone, more than 133,000 refugees and migrants have arrived on European shores. At least 11,309 people died or went missing on this perilous sea route since the start of the crisis, including more than 2,655 this year. Using overland routes, more than 3 million registered refugees have reached Turkey, fleeing the Syrian civil war and other desperate circumstances from points further east. These massive flows of humanity bear with them significant humanitarian, economic, political, and security implications. Such large population movements also leave thousands of people vulnerable to exploitation by human traffickers and other predators. The briefing brought together experts from the United Nations and international NGOs to assess the current humanitarian situation facing these refugees and the root causes of their flight. Speakers addressed the response of international organizations, receiving national governments, and civil society. These practitioners and experts also contributed their recommendations for action from domestic and international actors at all levels, including the United States. Mr. Reynolds provided a brief overview of the UNHCR and its response to the current crisis and urged support for all countries receiving and hosting those forcibly displaced. He called for renewed efforts to address root causes and find solutions and protection for refugees before they embark on the perilous journey by sea, where the risk of dying is one in thirty-nine. Additionally, he said that traditional humanitarian responses need to adjust to the problem of forced displacement and pursue greater engagement in stopping root causes so that voluntary repatriation becomes the norm. Mr. Reynolds concluded by saying, “We stand at a unique juncture, and this opportunity must not be lost.” Mr. Dall’Oglio focused on the need to establish long-term solutions to the crisis. Because many of the migrants traveling across the Mediterranean are coming from East Africa for a variety of social, economic, and political factors, these flows are expected to last for a much longer period of time. Mr. Dall’Oglio said that problems in the region require a comprehensive approach between source countries and destination states to improve the situation for migrants on both sides and to expand legal resettlement options for those seeking protection. He also called for more resources for navies and coast guards to rescue refugees and migrants at sea. Speaking from Copenhagen, Mr. Hyldgaard emphasized the impact of the crisis as it relates to human trafficking and provided a personal account of the current refugee situation. He also laid out A21’s three-prong approach, which is to reach, rescue, and respond. While A21 is not a humanitarian organization, it recognizes that refugees are highly vulnerable for human trafficking and has worked to counter human trafficking on multiple fronts, stepping in immediately to provide substantive relief, but with a long-term focus on providing anti-trafficking information and training for refugees and workers. Ms. Gerschutz-Bell highlighted Pope Francis’ movement with “Share the Journey, saying that the refugee crisis is a crisis of solidarity and expressing the hope that fostering a culture of solidarity will change the environment into which migrants are thrust. On a policy level, Ms. Gerschutz-Bell urged greater responsibility sharing among European states, calling attention to the current failures of the Dublin System and stressing the need for safe channels into Europe along with better implementation of resettlement processes. She then appealed to civil society as a whole to speak up when governments fail to fulfill their agreements, saying, “It’s not enough for someone to have courage; we need to do something about it.”

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