Combating Torture and Assisting Victims of Torture

Combating Torture and Assisting Victims of Torture

Hon.
Benjamin Nighthorse Campbell
United States
Senate
108th Congress Congress
First Session Session
Thursday, June 26, 2003

Mr. President, I rise to address the barbaric practices that constitute torture as we mark the United Nations Day in Support of the Victims of Torture. Astonishingly, an estimated 500,000 victims of torture live in the United States today, including many in my home State of Colorado. The United States has provided vital leadership in the campaign to prevent torture around the world. The United States must not equivocate on this most basic of human rights.

While the United States has consistently spoken out forcefully against the use of torture around the world, serious questions have been raised suggesting U.S. complicity in torture as part of the war against terrorism. This prompted me to join other members of the Helsinki Commission in writing to the White House recently urging an investigation of "serious allegations that the United States is using torture, both directly and indirectly, during interrogations of those suspected of terrorism." Against this backdrop, I urge the administration to issue a forthright statement on torture. In his State of the Union Address, President Bush described the horrific forms of torture employed by the Hussein regime and concluded, "If this is not evil, then evil has no meaning." Even as experts document the scope of torture in Iraq, there must be no doubt concerning U.S. policy and practice.

As Cochairman of the Helsinki Commission, I am particularly concerned that torture remains a tolerated if not promoted practice by come countries, even within the membership of the 55-nation Organization for Security and Cooperation in Europe, OSCE.

In some places, like Uzbekistan, members of the political opposition or religious minorities are especially likely to be the victims of torture. Tragically, two more people there have joined the long list of those who have died in custody amid credible allegations of abuse and torture, just weeks after the European Bank for Reconstruction and Development hosted a prestigious meeting in Tashkent, and days after the Secretary of State determined Uzbekistan is eligible for continued U.S. assistance. Moreover, the shortsighted practice of making martyrs out of Islamic extremists may have exactly the opposite effect the government claims to be seeking in its efforts to combat terrorism.

In Georgia, torture and abuse comes hand in hand with police corruption. In the most recent State Department Country Report on human rights in Georgia, the Department stated: "[s]ecurity forces continued to torture, beat, and otherwise abuse detainees.... NGOs also blamed several deaths in custody on physical abuse, torture, or inhumane and life-threatening prison conditions." Even President Shevardnadze has, in the past, acknowledged the prevalence of abuse against detainees and prisoners. I welcome a new initiative of the OSCE Mission in Georgia to combat torture, but I would also note that antitorture initiatives have come and gone in Georgia with little to show for it. Without real political will, I am afraid this latest initiative may end up like the others.

In Turkey--a country which has been given particular attention by the Helsinki Commission--even the doctors who treat the victims of torture have become targets themselves. Their offices have been raided, records seized, and even some doctors have been arrested and tortured. Moreover, the patients of these doctors, all of whom have already suffered at the hands of the authorities, have often been rearrested, retortured and recharged based on their testimonies given to the medical authorities.

As a result of these practices, Turkey has been repeatedly sanctioned by the European Court of Human Rights. The Turkish nongovernmental organization, the Human Rights Foundation, appears to be making some headway in defending these doctors. Last year, Turkey's Grand National Assembly has passed significant legislation with severe penalties for those convicted of torture. A major effort still needs to be made to conform the application of the law in the regional courts of Turkey with the intent of the parliamentarians. The Helsinki Commission will continue to monitor developments in Turkey and the implementation of this law.

In the 1999 OSCE Istanbul Charter, the participating States committed themselves to "eradicating torture and cruel, inhumane or degrading treatment or punishment throughout the OSCE area. To this end, we will promote legislation to provide procedural and substantive safeguards and remedies to combat these practices. We will assist victims and cooperate with relevant international organizations and nongovernmental organizations, as appropriate."

Clearly a strategy to confront and combat torture must emphasize prevention of torture, prosecution of those who commit torture, and assistance for the victims of torture. As we mark the United Nations Day in Support of the Victims of Torture, I note the good work being done by the Rocky Mountain Survivors Center, located in Denver. The center is part of a nationwide network committed to assisting the victims of torture living in the United States.

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As noted in the Trump administration’s U.S. National Security Strategy, “Authoritarian actors have long recognized the power of multilateral bodies and have used them to advance their interests and limit the freedom of their own citizens.  If the United States cedes leadership of these bodies to adversaries, opportunities to shape developments that are positive for the United States will be lost.” The OSCE deserves to be recognized by the people of both the United States and our allies and partners as a valuable tool in the fight against autocracy. We must not abandon it by leaving its most important institutions without leadership beyond its 45th anniversary. Instead, through our efforts, and those of our allies and partners in the OSCE, we must continue to defend liberty and human rights in our region and provide a beacon of hope for citizens everywhere who aspire to a free and democratic future.

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But I would like to pause here for a moment, to reflect on violations of fundamental freedoms that some governments had already imposed even before now.  If a law or practice violated OSCE human rights and democracy norms before the pandemic, circumstances now will surely not cure that violation. Threats against journalists, restrictions on academic freedom, imprisoning people for their political views, and impeding or even criminalizing NGOs’ access to and communication within and outside their own countries — all of that is still inconsistent with OSCE commitments, and the pandemic does not change that.  Principle VII of the Helsinki Final Act still holds: individuals still have the right to know and act upon their rights. I therefore add my voice to the international calls from OSCE institutional bodies and others around the world for the release of all prisoners of conscience given this pandemic. Prison populations are particularly susceptible to community spread. To address dangerous overcrowding, governments should work first and foremost to release those imprisoned for exercising their internationally recognized rights or those wrongly imprisoned contrary to international commitments.  I regret Turkey's decision in particular to approve a plan to release 90,000 prisoners that excluded relief for any of the thousands of political prisoners, including opposition politicians, civil society activists, employees of U.S. diplomatic missions, and many more. 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As we all rise to meet the challenge of conducting elections safely, we must maintain transparency regarding the entire electoral process, especially any changes to the timing of elections, methods of voting, or measures that impact campaigning.  The United States is already debating these issues in preparation for November. Even in a pandemic, international and domestic election observation remains vital.  We must find a solution to ensure that they are engaged and included even now. 

  • Reflecting on Chechnya

    By Mia Speier, Max Kampelman Fellow On December 11, 1994, Russian forces advanced into Chechnya, a republic in the North Caucasus near Georgia and Azerbaijan, to stop an attempt at secession. A Chechen separatist movement started to gain momentum following the collapse of the Soviet Union and the Russians refused to allow any chance at separation. This marked the start of the First Chechen War, a conflict that erupted after decades of hostilities between the former Soviet government and the Chechen forces. The war dragged on for nearly two years, destroying the capital city of Grozny and killing tens of thousands of people—mostly civilians. The conflict, which started as an internal national movement, was complicated by flows of foreign money and foreign fighters. Militant Islamists joined the fight against Russia during the latter half of the war as part of a declared global jihad. Officials in Russia feared a repetition of the violence that occurred during the Soviet war in Afghanistan nearly a decade prior. Though Russia withdrew from Chechnya for a short time after the first war, the Second Chechen War broke out in 1999. This second war began after Putin blamed Chechen secessionists for bombings that killed Russian civilians, although there was no evidence of Chechen involvement in the bombings. Russian forces were sent into the republic again, and the Russian government succeeded in putting Chechnya under its control. Since then, the region has been a republic of Russia and is governed by Putin-appointed president Ramzan Kadyrov. Amid the conflict, however, the international community took steps to confront Russian aggression and violence in the region. On March 13, 1997, the U.S. Helsinki Commission convened a hearing called “The Future of Chechnya,” to discuss the efforts of Chechen citizens to free themselves from Russia’s painful yoke and fight back against Moscow’s defiance of international principles and the rule of law. The Helsinki Commission hearing focused on the 1994 Organization for Security and Cooperation Budapest Document that requires all participating States, including Russia, to ensure that their armed forces are commanded in a way that is consistent with international law. At the time of the hearing, an estimated 30,000 to 80,000 people had died in the territory, and tens of thousands of citizens had been displaced. The violence against and displacement of citizens in Chechnya was a clear violation of the Budapest Document. Then-Chairman Rep. Alfonse M. D’Amato chaired the hearing and noted that though many people were paying attention to the ongoing conflict in Bosnia at the time, it was important to also pay attention to the conflict in Chechnya and, more specifically, to think about the role of the OSCE in the region. “The world watched, horrified, as the Russian military used massive firepower against the Chechen guerrillas,” D’Amato said. “While the international community recognizes the principles of territorial integrity, there can be no doubt that in its effort to keep the Chechens in the Russian Federation, the Russian Government violated recognized international principles.” Since 1997, the Helsinki Commission has held several other public events related to human rights abuses, arbitrary arrests, abductions, and disappearances and the plight of Chechen refugees. In 2003, the commission penned a letter to then-Secretary of State Colin Powell urging the U.S. delegation at the United Nations Commission on Human Rights in Geneva to express concern over reported rights violations in Chechnya. Though it has been nearly 30 years since the First Chechen War, the situation in Chechnya remains bleak. In 2017, Congress passed a bipartisan resolution condemning widespread anti-LGBT persecution and violence in Chechnya after it was revealed that state law enforcement officials beat, imprisoned, and murdered hundreds of men perceived to be gay or bisexual. In June 2018, then-Chairman (and current Co-Chairman) Sen. Roger Wicker and Sen. Benjamin Cardin penned a letter to Secretary of State Mike Pompeo urging the United State to invoke the OSCE’s Moscow Mechanism in response to escalating human rights abuses in Chechnya. The Moscow Mechanism allows for the establishment of a short-term fact-finding mission to address a specific human rights concern in the OSCE region. In November 2018, the 16 of the 57 OSCE participating States invoked the Moscow Mechanism to investigate the alleged disappearances, killings, and torture taking place in Chechnya—all of which were concerns raised at a Helsinki Commission hearing just months prior.  Though Russia failed to cooperate with the fact-finding mission, the resulting report concluded that the evidence clearly confirmed the allegations of very serious human rights violations and abuses in the Chechen Republic of the Russian Federation. Today, multiple reports of journalists and bloggers in Chechnya being beaten or murdered calls for even more concern for individual freedom and civil liberties in the region. In early February, Yelena Milashina, a prominent Russian journalist and lawyer who exposed the cruelty against gay Chechen men, was beaten in Grozny. Imran Aliev, an outspoken Chechen blogger who criticized President Ramzan Kadyrov, was found murdered in France earlier this year. Aliev’s death is one of many deaths and disappearances in recent years of Chechen dissidents throughout Europe, sparking heightened fears of Chechen death squads hunting down those seeking asylum outside of the republic.

  • Helsinki Commission Leaders Commend Political Compromise in Georgia

    WASHINGTON—After a March 8 announcement that Georgia’s political leadership reached a deal paving the way for the adoption of compromise electoral reforms ahead of the October 2020 parliamentary election, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) released the following statements: “Debate and compromise, two hallmarks of democracy, have rebuilt hope that Georgia’s leaders can bridge divisions and meet the demands of the people for accountability in electoral processes and outcomes,” Chairman Hastings said. “Having led an international election observation mission to Georgia, I commend the hard work it took to reach this agreement and the role of international ambassadors, particularly U.S. Ambassador Kelly Degnan, in facilitating it. As the agreement’s implementation proceeds, I hope to see prioritization of the parties’ joint commitment to address perceptions of politically-motivated criminal charges in recent months.” During the January 2008 presidential election in Georgia, Chairman Hastings served as head of the OSCE PA election observation mission and was appointed by the OSCE Chairman-in-Office as the Special Coordinator leading all OSCE short-term observers. “As a longtime champion of the United States’ strategic partnership with Georgia, I am glad to see Georgia’s political leaders take the path of dialogue to resolve this months-long crisis,” said Co-Chairman Wicker. “The coming months should serve as an opportunity for the Georgian people to regain confidence in the ability of their democratic institutions to represent their voices and render independent justice.” In December 2019, Co-Chairman Wicker sent a letter to Georgian Prime Minister Giorgi Gakharia urging the ruling Georgian Dream party to address growing public discontent with preparations for the 2020 national election and a string of decisions that undermined public confidence in the rule of law. Since November, Georgia has been embroiled in a political crisis sparked by the surprise defeat in parliament of constitutional amendments that would have transitioned the country to a fully proportional electoral system for 2020 parliamentary elections. In response to a political crisis last summer, Georgian Dream Party Chairman Bidzina Ivanishvili pledged his party would pass the amendments, which enjoyed broad support from Georgian political factions and international democracy advocates. Despite this pledge, a group of Georgian Dream parliamentarians voted last month to scuttle the proposal, prompting angry reactions across the Georgian political spectrum. This political controversy coincided with criminal prosecutions against several prominent opposition figures that created the appearance of selective enforcement of the law. Georgian Dream parliamentarians also disregarded an opposition boycott last week to approve 14 justices to lifetime appointments on the Supreme Court despite serious questions about some of their legal qualifications. 

  • Helsinki Commission Chairman Condemns Russian-backed Syrian Government Offensive in Idlib

    WASHINGTON—In response to mounting casualties from clashes between Turkish and Russian-backed Syrian forces in northwestern Syria and the Turkish government’s decision to open its borders to refugee flows toward mainland Europe, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “A vicious Russian and Syrian government offensive in Idlib province is responsible for the unacceptable military escalation, civilian suffering, and displacement crisis we have witnessed in recent days and weeks,” said Chairman Hastings. “Presidents Putin and Assad must stop this assault immediately and comply with international humanitarian law requiring them to protect civilians and civilian infrastructure. I further urge the Trump administration to deploy appropriate resources to address these pressing security and humanitarian challenges, which will undoubtedly impact the OSCE region. We must sustainably meet the needs of the most vulnerable and the countless refugees resulting from Russian and Syrian aggression.” On February 27, Russian-backed Syrian forces killed at least 33 Turkish soldiers in the northwestern Idlib province of Syria. Following this incident, the Turkish government announced the opening of Turkey’s borders for refugees and migrants to go westward to European Union member countries, despite the March 2016 EU-Turkey agreement “to end the irregular migration from Turkey to the EU.” That agreement is founded on the multi-billion euro EU Facility for Refugees in Turkey established in 2015. According to the United Nations High Commission for Refugees in a March 2 statement, the daily rate of refugees and asylum-seekers arriving in Greece from Turkey has increased in March.     Since early December, fighting in northwestern Syria has displaced more than 948,000 people, including 569,000 children and 195,000 women, according to the United Nations Office for the Coordination of Humanitarian Affairs. Turkey hosts more than 3.5 million Syrian refugees. Along with the United States, Tukey is a NATO ally. The United States, Russian Federation and Turkey, are  participating States of the Organization for Security and Cooperation in Europe (OSCE).

  • Human Rights and Democracy

    For nearly three decades, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) has been at the forefront of efforts to promote human rights and democracy throughout the 57-nation OSCE region. Although best known for international election observation, ODIHR has also been instrumental in countering various forms of intolerance, helping governments combat human trafficking, protecting human rights defenders, and implementing OSCE commitments to fundamental freedoms. The U.S. Helsinki Commission convened the hearing to demonstrate bipartisan support for ODIHR, to reinforce the U.S.’s support related OSCE initiatives, and to hear about the ongoing work of ODIHR.  Commission Ranking Member Rep. Joe Wilson (SC-02) chaired the hearing and was joined by Commissioners Rep. Robert Aderholt (AL-04), Rep. Steve Cohen (TN-09), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. Wilson’s opening remarks highlighted the historic achievements of ODIHR, which include assisting countries to “transition from communism to democracy,” supporting “civil society participation in OSCE events,” and facilitating “strong cooperation with the Parliamentary Assembly.”  In her first appearance before Congress, ODIHR Director Ambassador Ingibjörg Sólrún Gísladóttir addressed multiple challenges that have impeded the effectiveness of ODIHR activities. She then outlined ODIHR’s role in offering proactive solutions.  In particular, Ambassador Gísladóttir stressed the importance of dialogue and asserted that democracy is about “respect and trust, an acceptance of differing opinions, an exchange of views, and the willingness to share power and seek compromise.” She concluded on an optimistic note, emphasizing unity within the OSCE and its “commitment to democracy and to the wellbeing of its people.” Although conscious of ODIHR’s efforts, commissioners voiced concerns that some OSCE participating States are not complying with their commitments to uphold basic human rights standards. Commissioners specifically acknowledged restrictions on religious freedom in Russia, poor conditions for activists and journalists, and rising anti-Semitism and discrimination against the Roma people across the region. This hearing continued the Helsinki Commission practice of regularly engaging with senior OSCE officials.The Commission typically holds hearing with the foreign minister of the country holding the rotating chairmanship of the OSCE. The Commission has also held hearings with previous ODIHR directors as well as the OSCE Representative on Freedom of the Media.

  • Director of OSCE Office For Democratic Institutions and Human Rights to Testify at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: HUMAN RIGHTS AND DEMOCRACY Obstacles and Opportunities in the OSCE Region Wednesday, January 29, 2020 10:00 a.m. Longworth House Office Building Room 1334 Live Webcast: www.youtube.com/HelsinkiCommission For nearly three decades, the Organization for Security and Cooperation in Europe (OSCE) Office for Democratic Institutions and Human Rights (ODIHR) has been at the forefront of efforts to promote human rights and democracy throughout the 57-nation OSCE region. In her first appearance before Congress, ODIHR Director Ambassador Ingibjörg Sólrún Gísladóttir will discuss the organization’s flagship work in international election observation; countering anti-Semitism and other forms of intolerance; and helping governments to combat human trafficking, protect human rights defenders, and better implement their commitments to fundamental freedoms including assembly and religion. The OSCE, the world’s largest regional security body, is based on a comprehensive concept of security that recognizes that respect for human rights and functioning democratic institutions underpin regional peace and security. ODIHR provides support, assistance, and expertise to participating States and civil society to promote democracy, rule of law, human rights, and tolerance and non-discrimination. ODIHR observes elections at the invitation of participating States, reviews legislation, and advises governments on how to develop and sustain democratic institutions. The office also works closely with the OSCE’s field operations and organizes Europe’s largest annual human rights meeting, bringing together annually hundreds of government officials, international experts, civil society representatives and human rights activists.  

  • Public Diplomacy, Democracy, and Global Leadership

    For more than a century, the United States has advanced shared human rights, economic, and security policy goals in the transatlantic relationship by cultivating people-to-people ties through public diplomacy initiatives.  As democracies around the world face new challenges emanating from demographic shifts, technological advancements, and evolving security threats, the need for public diplomacy initiatives that cultivate leaders who espouse democratic principles, including inclusive and representative governance, grows more relevant. The U.S. Helsinki Commission convened a hearing to focus on U.S.-led public diplomacy international exchange initiatives that strengthen democratic institutions by targeting young and diverse leaders, encouraging civic engagement, and fostering social inclusion and cohesion in the OSCE region. Presiding over the hearing, Chairman Alcee L. Hastings (FL-20) stated, “This year, under my leadership, the Helsinki Commission has held events on the importance of international election observation, good governance, and focused on democratic backsliding in particular countries as part of our continued commitment to the underlying principles of the Helsinki Final Act.  Common to all of these issues is the role good leaders can play in ensuring free and fair elections; laws that are equitable, transparent, and enforced; and laying the groundwork to ensure protections and rights for all in their constituencies […] for the long-term stability of our nation and the transatlantic partnership.”  In his opening remarks, Chairman Hastings also noted that he planned to introduce legislation to support of leadership exchanges and knowledge-building between diverse transatlantic policymakers, and to encourage representative democracies. He also announced a February program for young OSCE parliamentarians to strengthen their political inclusion and advance peace and security efforts. Chairman Hastings was joined by Commissioners Rep. Emanuel Cleaver, II (MO-05) and Rep. Marc Veasey (TX-33). Rep. Veasey raised the importance of metrics in assessing the impact of leadership programs and soft diplomacy, while Rep. Cleaver stated, “For the first time since the end of World War II, the extreme right is actually winning seats in the German Parliament,” highlighting increased security risks related to public diplomacy programs operating in countries that have seen an increase in hate crimes and racial prejudice. Witnesses included Cordell Carter, II, Executive Director of the Socrates Program at the Aspen Institute; Stacie Walters Fujii, Chair of the American Council of Young Political Leaders; and Lora Berg, Counselor for Inclusive Leadership at the German Marshall Fund of the United States. Carter reviewed the Aspen Institute’s public policy programming on transatlantic relations and discussed the importance of promoting democratic values, including efforts to strengthen the capacity of congressional staff and encourage dialogues around the United States on being an “inclusive republic.”  He concluded by asking Congress to create more opportunities for public discourse on issues that threaten the stability of democracies around the world. Fujii discussed the importance of international exchanges in supporting democracies and the work of American Council of Young Political Leaders (ACYPL). ACYPL was founded in 1966 to strengthen transatlantic relationships by promoting mutual understanding among young political leaders in Western Europe and the former Soviet Union.  Critical aspects of the program include offering international leaders the opportunity to come to the U.S. to observe campaigning, polling stations, election returns, and the response of the American people to elections, complemented by follow-on educational conversations about democratic processes in their countries.  Berg highlighted the importance of public diplomacy initiatives in advancing inclusive leadership and observed that nations gain in richness and capacity when diversity is reflected in leadership. She also noted that inclusive leadership not only plays an important role in promoting social harmony, but it also helps to ensure economic growth, stating that “the places with the highest social cohesion are the most reliable for investment.” Berg explained that the GMF’s Transatlantic Inclusion Leaders Network (TILN) grew out of work she engaged in while working for the Department of State. TILN is an innovative network of young, diverse leaders across the United States and Europe supported by the Helsinki Commission and State Department.    Berg argued for the expansion of U.S. Government-supported public diplomacy inclusive leadership initiatives targeting youth and diverse populations in western democracies, including through public-private partnerships, the creation of a public diplomacy officer position in Europe to foster Europe-wide next generation transatlantic leadership, and increased political participation measures domestically and abroad for diverse populations.   

  • Helsinki Commission to Review Role of Professional Exchanges in Strengthening Democratic Institutions

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: PUBLIC DIPLOMACY, DEMOCRACY, AND GLOBAL LEADERSHIP An Approach for the 21st Century Thursday, December 5, 2019 10:00 a.m. Longworth House Office Building Room 1334 Live Webcast: www.youtube.com/HelsinkiCommission For more than a century, the United States has advanced human rights, economic, and security policy goals in Europe by cultivating people-to-people ties across the Atlantic. More than 500 heads of state, 100 Members of Congress, and thousands of professionals have participated in U.S. Government-sponsored exchanges, including the State Department’s International Visitor Leadership Program, while public and private organizations have hosted similar programs to bring leaders together.    Witnesses at the hearing will explore the origins and role of professional exchanges and other public diplomacy programs that strengthen relationships with U.S. allies in the face of shared challenges including eroding trust in democratic institutions, demographic shifts, technological advancements, and evolving security threats. In particular, the hearing will focus on international exchange initiatives that strengthen democratic institutions by targeting young and diverse leaders, encouraging civic engagement, and fostering social inclusion and cohesion in the OSCE region.  The following witnesses are scheduled to participate: Lora Berg, Senior Fellow, Leadership Programs, German Marshall Fund of the United States Cordell Carter, II, Executive Director, Socrates Program, The Aspen Institute   Stacie Walters Fujii, Chair, American Council of Young Political Leaders (ACYPL)   Photo credit: German Marshall Fund of the United States

  • Helsinki Commission Leaders Mark 10th Anniversary of Death of Sergei Magnitsky

    WASHINGTON—Ahead of the ten-year anniversary of Sergei Magnitsky’s death on November 16, Helsinki Commission leaders issued the following statements: “Sergei Magnitsky was a fearless truth-teller who wanted to make his country a better place,” said Chairman Rep. Alcee L. Hastings (FL-20). “Unfortunately, his brave actions were rewarded not with accolades from the Russian Government, but with vicious abuse and death in a cold jail cell. Not much has changed in today’s Russia. We must honor his legacy by continuing to stand up for those who are voiceless and defend human rights at home and abroad.” “The recent ruling against Russia in the European Court of Human Rights is an important vindication for the Magnitsky family, but real justice remains elusive,” said Co-Chairman Sen. Roger Wicker (MS). “Russian authorities still have made no effort to punish those involved in Sergei Magnitsky’s detention and abuse. America has not forgotten Sergei Magnitsky—his legacy continues to inspire people around the world to hold fast to the truth in the face of intimidation and violence by authoritarian regimes.” “Vladimir Putin’s Russia is a perilous place for those who dare to challenge the authorities. No one knew that truth more than Sergei Magnitsky,” said Ranking Member Rep. Joe Wilson (SC-02).  “Ten years on, his death reminds us that defending human rights is vital to promoting democracy. I honor Sergei Magnitsky’s memory and hopefully await the dawning of a new age in Russia in which Sergei will be acknowledged as a hero instead of vilified and falsely accused.” “Sergei Magnitsky’s faithfulness to the truth cost him his life. His legacy spurred a quest for justice in Russia and around the world,” said Ranking Member Sen. Ben Cardin (MD). “The Sergei Magnitsky and Global Magnitsky Acts make clear to all that the United States stands with those whose rights and basic freedoms are repressed. It should never be U.S. policy to normalize the behavior of human rights abusers and despots. Human rights cannot and should not be open to compromise; it must be a cornerstone of our foreign policy agenda. A decade after his death, we both mourn Sergei Magnitsky and remember his courage. Through his actions, he taught us that we are all capable of rising to the challenge and standing up for justice.” In 2008, Sergei Magnitsky, who advised Hermitage Capital Management in a dispute over alleged tax evasion in Russia, 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.

  • At What Cost?

    Sparked by the recent Turkish military offensive in northeastern Syria, increased tensions between the United States and Turkey have reignited the debate about the future of U.S.-Turkish bilateral relations. The Helsinki Commission convened this hearing to discuss how the United States should respond to the Turkish Government’s continuing abuse of human rights and fundamental freedoms. Expert witnesses at the hearing reviewed prominent cases of politically-motivated prosecution, failures of due process, and prospects for judicial reform as they relate to Turkey’s commitments as a member of both the OSCE and NATO. The panel also evaluated President Erdogan’s plan to return millions of Syrian refugees to their war-torn country or push them to Europe, and the human consequences of his military incursion into Syria. Presiding over the hearing, Commission Ranking Member Rep. Joe Wilson affirmed that as co-chair for the Caucus on U.S.-Turkey Relations & Turkish Americans he supports the people of Turkey and the U.S.-Turkish alliance. He cautioned, however, that President Erdogan’s actions threaten to undermine that alliance and damage the security of the region. Rep. Marc Veasey noted that Turkey is being “torn between two worlds”: one of democracy and one of autocracy. Sen. John Boozman and Rep. Steve Cohen were also present at the hearing. The Commission heard testimony from Gonul Tol, Director of the Center for Turkish Studies at the Middle East Institute; Merve Tahiroglu, the Turkey Program Coordinator at the Project on Middle East Democracy (POMED); Henri Barkey, the Bernard L. and Bertha F. Cohen Professor at Lehigh University; Eric Schwartz, the President of Refugees International; and Talip Kucukcan, professor of sociology at Marmara University. Dr. Tol testified that “most freedoms under Turkish President Recep Tayyip Erdogan have been dramatically curtailed” but counseled that Turkey “is not a fullblown dictatorship.” The Turkish government has targeted activists, journalists, and opposition politicians with “trumped-up terrorism charges and “largely criminalized Kurdish political expression.” She highlighted the opposition’s recent victories in mayoral elections as “a testament to the peoples of Turkey, the great majority of whom refuse to give up on the idea of democratic rule.” Dr. Tol further urged the United States to view “the Kurdish question…[as] a matter of democratization and human rights” for the Turkish state. Ms. Tahiroglu explained the deterioration of the rule of law under Erdogan’s government. According to her testimony, Erdogan’s administration has politicized the judiciary and rendered it “a main weapon against government critics and opponents” through repressive laws and false terrorism charges. She noted key judicial cases against civil society activists, journalists, opposition politicians, professors, U.S. citizens, and employees of U.S. consulates in the country. Ms. Tahiroglu testified that the breakdown of the rule of law in Turkey matters for U.S. interests because it has swept up U.S. citizens, “fuels anti-Americanism,” and “embolden[s] Turkey’s aggressive policies abroad by suppressing dissenting voices.” Dr. Barkey focused his testimony on the Turkish government’s suppression of the struggle for recognition of Kurdish social and political identity. Barkey explained the significance of the People’s Democratic Party (HDP)—Turkey’s second largest opposition party—in providing an opportunity for Turkey’s Kurdish population to participate in Turkish politics. “From that perspective, they have been very, very successful,” Barkey assessed. “It may have been far too successful for its own good.” Dr. Barkey detailed President Erdogan’s “relentless campaign to dismantle and delegitimize the HDP.” Mr. Schwartz spoke about the humanitarian implications of Turkey’s incursion into northeastern Syria. The reports of human rights abuses and civilian deaths are cause for deep concern, he said. He criticized the decision to withdraw U.S. troops from Syria instead of implementing a strategic departure. Schwartz concluded with a recommendation for the United States to support locally based NGOs that provide humanitarian assistance to populations by the Turkish operation. Dr. Kucukcan reminded the audience that Turkey’s incursion occurred with President Donald Trump’s consent. The incursion, he noted, serves to protect Turkey’s national security and preserve the territorial integrity of Syria.  Dr. Kucukcan disputed that Turkey plans “ethnic cleansing” or “demographic engineering in places where [military] operations took place.”

  • Helsinki Commission Hearing to Review Human Rights Developments in Turkey

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: AT WHAT COST? The Human Toll of Turkey’s Policy at Home and Abroad Thursday, October 31, 2019 10:00 a.m. – 12:00 p.m. Rayburn House Office Building Room 2200 Live Webcast: www.youtube.com/HelsinkiCommission Sparked by the recent Turkish military offensive in northeastern Syria, increased tensions between the United States and Turkey have reignited the debate about the future of U.S.-Turkish bilateral relations. At the hearing, expert witnesses will discuss how the United States should respond to the Turkish Government’s continuing abuse of human rights and fundamental freedoms. Participants will review prominent cases of politically-motivated prosecution, failures of due process, and prospects for judicial reform as they relate to Turkey’s commitments as a member of both the OSCE and NATO. The panel also will evaluate President Erdogan’s plan to return millions of Syrian refugees to their war-torn country or push them to Europe, and the human consequences of his military incursion into Syria. The following witnesses are scheduled to participate: Henri Barkey, Bernard L. and Bertha F. Cohen Professor, Lehigh University Talip Kucukcan, Professor of Sociology, Marmara University Eric Schwartz, President, Refugees International Merve Tahiroglu, Turkey Program Coordinator, Project on Middle East Democracy (POMED) Gonul Tol, Director, Center for Turkish Studies, Middle East Institute (MEI) Additional witnesses may be added.

  • Co-Chairman Wicker Statement on Developments in Northern Syria

    WASHINGTON—Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) today issued the following statement on reports that Turkey has launched an attack on Kurdish troops in northern Syria: “Kurdish troops bravely fought alongside Americans and our other allies to defeat the ISIS caliphate. The small deployment of special operators we had in northern Syria supported the fight against extremism and protected our partners. We should continue to stand by our Kurdish friends and oppose Turkey’s invasion. Those who support the United States deserve nothing less. Otherwise, we undermine our country’s interests in the region and our credibility around the world.”

  • INTRODUCTION OF THE TRANSNATIONAL REPRESSION ACCOUNTABILITY AND PREVENTION ACT OF 2019 (TRAP ACT)

    Mr. HASTINGS. Madam Speaker, as Chairman of the U.S. Helsinki Commission—a congressional watchdog for human rights and democracy in Europe and Eurasia—I am frequently reminded of the new opportunities that technology and globalization present for human rights defenders around the globe. For those struggling to defend their liberty and human dignity, our interconnected world brings with it the possibility of sharing information, coordinating action, and demonstrating solidarity across thousands of miles in fractions of a second. It means that truth is more capable of piercing the veil of enforced ignorance erected by the world’s most repressive states Technology also further empowers dissidents in exile to connect with, and influence the foot soldiers of freedom who march on in their homelands. But with these new openings for liberty come novel approaches to repression. Authoritarian and autocratic regimes are appropriating agile, 21st century technology to prop up sclerotic systems of brutality and corruption. Technological developments have provoked greater feelings of insecurity in these brittle regimes and propelled them to extend their repression far beyond their borders, sometimes reaching into the refuge of democratic societies where political opponents, independent journalists, and civil society activists operate in safety. Madam Speaker, I recently introduced bipartisan legislation to tackle these emerging challenges with my friend and Helsinki Commission Ranking Member, Representative JOE WILSON of South Carolina We are confident that this legislation, supported by the bicameral leadership of the Helsinki Commission and other leaders on human rights, will place the United States on course to lead the free world in holding the line against these modern manifestations of political persecution, or what some have called ‘‘transnational repression.’’ The Transnational Repression Accountability and Prevention Act—or TRAP Act—is designed to counter one key instrument in the autocrat’s 21st century toolkit politically-motivated abuse of the International Criminal Police Organization, more commonly known as INTERPOL. INTERPOL is a legitimate and potent tool for international law enforcement cooperation—one that the United States relies on heavily to bring criminals to justice and thwart threats to security around the globe. Sadly, autocrats have recognized the potential for repression in INTERPOL’s worldwide communications system that ties into the law enforcement agencies of its 194 member countries. The Helsinki Commission regularly receives credible reports from human rights defenders, journalists, political activists, and businesspeople who have fallen victim to the efforts of corrupt regimes to ensnare them using INTERPOL’s system of international requests for arrest and extradition, known as Red Notices and Diffusions. These are the modern-day ‘‘traps’’ addressed by the TRAP Act. Because of these notices, innocent individuals live in fear of traveling mternationally and have been detained, had their bank accounts closed, and, sometimes, been returned into the hands of the very regimes from which they escaped. Madam Speaker, our legislation opens three new fronts agamst the threat of INTERPOL abuse. First, it clearly states that it is the policy of the United States to use our influence in INTERPOL to advance specific reforms that increase transparency and accountability for those that abuse the system while helping the organization to live up to its stated obligations to uphold international human rights standards and resist politicization It further establishes that the United States will use its diplomatic clout to confront countries that abuse INTERPOL and work to ensure the freedom of movement and ability to engage in lawful commerce of victims of this abuse the world over. Second, the TRAP Act exerts oversight over the United States’ internal mechanisms to identify, challenge, and respond to instances of INTERPOL abuse. The bill requires the Departments of Justice, Homeland Security, and State—in coordination with other relevant agencies—to submit to Congress an assessment of the scope and seriousness of autocratic abuse of INTERPOL, an evaluation of the adequacy of the processes in place domestically and at INTERPOL to resist this abuse, and a plan for improving interagency coordination to confront this phenomenon. Third, and perhaps most importantly, the TRAP Act places strict limitations on how the United States Government can use INTERPOL notices in legal or administrative proceedings that could interfere with the freedom or immigration status of individuals in our country. We have been deeply concerned by reports that some authorities in this country have improperly cited INTERPOL notices from autocratic countries to detain individuals and place them in danger of being returned to the very countries from which they fled. The TRAP Act will make crystal clear that autocratic regimes cannot use INTERPOL notices to weaponize the U.S. judicial system against their political targets. Madam Speaker, these measures are critical to restricting the freedom that some autocratic regimes have enjoyed to harass, persecute, and detain their political opponents around the world. Authoritarian and autocratic states like China, Russia, Kazakhstan, Tajikistan, Turkey, Azerbaijan, and Venezuela must be called out by name and held to account for their repeated manipulation of legitimate law enforcement tools for petty political ends. Madam Speaker, I would also like to place the TRAP Act in the context of the other work that the U.S. Helsinki Commission has done to address the grave threat of transnational repression and malign influence by authoritarian regimes. The Countering Russian and Other Overseas Kleptocracy—or ‘‘CROOK’’ Act, the Kleptocrat Exposure Act, and the Rodchenkov Anti-Doping Act have all been the result of a focus by Commissioners and Commission staff on developing a bipartisan congressional response to the existential threat of global authoritarianism. We can no longer sit idly by, content that those who wish to do us harm are on the other side of the world. In this new age of autocracy, the threat is here—now—and it comes in the form of abusive Red Notices, dirty money, and bought-and-paid-for lawfare tactics The purpose of these tactics is to silence journalists and activists, hollow out the rule of law, and ensure that no one ever dare pursue this new class of transnational kleptocrats whose sole goal is the wholesale looting of the countries they claim to serve and the seamless transfer of those ill-gotten gains to our shores and those of our allies. 

  • 2019 Human Dimension Implementation Meeting

    From September 16 to September 27, OSCE participating States will meet in Warsaw, Poland, for the 2019 Human Dimension Implementation Meeting (HDIM), organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR).  As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. During the 2019 meeting, three specifically selected topics will each be the focus of a full-day discussion: “safety of journalists,” “hate crimes,” and “Roma and Sinti.” These special topics are chosen to highlight key areas for improvement in the OSCE region and promote discussion of pressing issues. Human Dimension Implementation Meeting 2019 Since the HDIM was established in 1998, the OSCE participating States have a standing agreement to hold an annual two-week meeting to review the participating States’ compliance with the human dimension commitments they have previously adopted by consensus. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as refugee migration and human trafficking), and concerns relating to tolerance and nondiscrimination (such as countering anti-Semitism and racism). Each year, the HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma and Sinti. Unique about the HDIM is the inclusion and strong participation of non-governmental organizations. The United States has been a stout advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE structures allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. Members of the U.S. delegation to the 2019 HDIM include: Ambassador James S. Gilmore, U.S. Permanent Representative to the OSCE and Head of Delegation Christopher Robinson, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs Roger D. Carstens, Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor Elan S. Carr, Special Envoy to Monitor and Combat Anti-Semitism Alex T. Johnson, Chief of Staff, U.S. Helsinki Commission

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