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press release
Turkey’s Detention of U.S. Citizens to Be Scrutinized at Helsinki Commission Hearing
Thursday, November 09, 2017WASHINGTON—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
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press release
Religious Freedom Violations in OSCE Region Topic of Upcoming Helsinki Commission Briefing
Thursday, November 09, 2017WASHINGTON—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
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briefing
Averting All-Out War in Nagorno-Karabakh
Wednesday, October 18, 2017Last year, the worst outbreak of violence over Nagorno-Karabakh in more than two decades erupted as the so-called Four Day War in April 2016 claimed approximately 200 lives and demonstrated that the conflict is anything but “frozen.” The Line of Contact separating the parties sees numerous ceasefire violations annually and each one risks igniting a larger-scale conflict that could draw in major regional players, such as Russia, Turkey, and Iran. Since 1997, the United States, France, and Russia have co-chaired the Minsk Group of the Organization for Security and Cooperation in Europe (OSCE), the principal international mechanism aimed at reaching a negotiated solution to the conflict. The U.S. Helsinki Commission hosted two former United States Co-Chairs of the Minsk Group process as well as a renowned, independent expert on the conflict to assess the current state of the dispute over Nagorno-Karabakh, the Minsk Group format, and the prospects for achieving a lasting peace. Magdalena Grono, an expert from the International Crisis Group, underlined the serious potential for further flare-ups in the fighting, which could have severe humanitarian impacts and draw in regional powers. She contextualized the recent clashes and assessed that the conflict was among the most deadly, intractable and risky in Europe. According to her assessment, the conflict is beset by two worrisome trends: deteriorating confidence between the parties and in the settlement process itself as well as increasingly dangerous clashes due in part to the deployment of heavier weaponry. Ambassador Carey Cavanaugh discussed the role of the Minsk Group in the settlement process while voicing his concern that positions have hardened on all sides. Growing tensions have created risks not only of intentional but also accidental conflict, he said. The Ambassador outlined the limits of the Minsk Group’s mandate, underscoring that it is charged with helping the sides find a solution rather than imposing one from the outside. He lamented that the recent meeting between the Armenian and Azerbaijani presidents apparently failed to achieve agreement on certain confidence and security building measures (CSBMs). In order to stem further escalation, he noted the importance of implementing CSBMs and establishing a direct communication channel between the Armenian and Azerbaijani sides. He concluded by calling on the leadership of Armenia and Azerbaijan to demonstrate the political will to work toward a resolution, for instance by preparing their populations for the compromises that will inevitably be required to achieve peace. Ambassador James Warlick asserted that while this was a time of significant danger, peace remains within reach. He urged the Armenian and Azerbaijani presidents to engage together on principles that they know can lead to peace, saying that meetings without progress undermine confidence in negotiation efforts. Citing past negotiations, Ambassador Warlick laid out six elements that will have to be part of any settlement if it is to endure. The Ambassador concluded by underlining that it is up to the governments of Armenia and Azerbaijan to take the first step toward peace by considering measures, even unilateral ones, that will demonstrate their stated commitment to making progress, reducing tensions, and improving the atmosphere for negotiations.
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press release
Helsinki Commission Urges Turkish President to Lift State of Emergency
Tuesday, October 17, 2017WASHINGTON—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,
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article
Helsinki Commission Advisor Discusses ZAPAD 2017
Tuesday, October 10, 2017On September 27, 2017, Helsinki Commission Global Security and Political-Military Affairs Advisor Alex Tiersky joined Ambassador Kurt Volker, Dr. Stephen Blank, and Ambassador Eitvydas Bajarunas at a public seminar to discuss the execution, outcomes and aftermath of Russia’s large-scale ZAPAD 2017 military exercise. Hosted by the Central and East European Coalition, Russia on NATO’s Doorstep: The West's Response to the Kremlin's Wargames was moderated by Dr. Mamuka Tsereteli. During the discussion, Tiersky shared his experience as one of only two American officials who was invited by the Belarusian government (who partnered with Russia for the joint military exercise) to be present for the conclusion of ZAPAD 2017. Tiersky commended the Belarusian government for offering the Distinguished Visitors program that he participated in along with representatives of the OSCE, the Red Cross and NATO, as well as defense attachés from various countries. The program included an extensive briefing on the aims, parameters, and intent behind the exercise, as well as an opportunity to witness an impressive live-fire demonstration at the Borisov training ground. Belarusian briefers underlined that the aim of the program was to offer as much transparency as possible; the exercise was purely defensive in nature and neighboring countries had nothing to fear, Tiersky was told. However, Tiersky added, the program offered by Belarusian authorities – while commendable – fell short of fulfilling the spirit of commitments to military transparency under the Vienna Document, which would have provided a greater opportunity for evaluating the exercise's scale and scope through broader participation by OSCE participating states and more intrusive inspection measures. While impressive and worthwhile, the distinguished visitors program was thus not in itself sufficient to draw broad conclusions about ZAPAD, according to Tiersky. Tiersky concluded by describing how ZAPAD did little to assuage broader concerns related to Russian unwillingness to fulfill its commitments to military transparency, including under the Vienna Document (through for example its increasing use of snap exercises), as well as Russian violations of various arms control measures that have been essential contributors to peace and security in Europe for decades.
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briefing
Refugee Crisis in Europe and Turkey
Tuesday, October 10, 2017Since 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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press release
Helsinki Commission Briefing to Focus on Refugee Crisis
Wednesday, October 04, 2017WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “REFUGEE CRISIS IN EUROPE AND TURKEY: CURRENT CHALLENGES AND RESPONSES” Tuesday, October 10, 2017 2:00 PM Russell Senate Office Building Room 188 Live Webcast: www.facebook.com/HelsinkiCommission 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 brings together international experts and NGO representatives to assess the current humanitarian situation facing these refugees and the root causes of their flight. Speakers will address the response of international organizations, receiving national governments, and civil society. These practitioners and experts will also contribute their recommendations for action from domestic and international actors at all levels, including the United States. The following experts are scheduled to participate: Matthew Reynolds, Regional Representative for the United States and the Caribbean, United Nations High Commission for Refugees Luca Dall'Oglio, Chief of Mission, International Organization for Migration (Washington, DC office) Philip Hyldgaard, Executive Director, A21 Campaign Jill Marie Gerschutz-Bell, Senior Policy and Legislative Specialist, Catholic Relief Services and on behalf of Caritas Europa
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article
American Scientist Suffers Under Turkey’s Faltering Rule of Law
Tuesday, September 19, 2017By Everett Price, Policy Advisor From September 11 to September 22, 2017, the OSCE participating States meet in Warsaw, Poland, for the Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest annual human rights event. Over the course of two weeks, the 57 participating States will discuss compliance with consensus-based commitments on full range of fundamental freedoms, democracy, tolerance and nondiscrimination, and humanitarian concerns. This feature article on Turkey coincides with the September 19 session of HDIM 2017, which focuses on whether OSCE participating States are implementing their commitments related to rule of law. On September 11, the first day of the meeting, the Turkish delegation walked out to protest that an NGO it alleged has ties with the Gulen movement was allowed to register for HDIM. A NASA scientist based in Houston, Texas has spent the last 14 months in a Turkish prison, caught in the same dragnet that has ensnared tens of thousands of Turkish nationals since the failed coup attempt that played out in Turkey during the night of July 15, 2016. The scale of the Turkish government’s crackdown since that chaotic night is difficult to comprehend, but this scientist’s story illustrates the kind of ordinary lives that the sweeping purges upended with only the slimmest of justifications. A 37-year old dual citizen of the United States and Turkey, Serkan Golge is married to Kubra, also a dual US-Turkish national. The couple has two young sons, aged eight and one. They have lived in a two-story home in a quiet suburb of Houston since 2013, when Serkan landed a contract as a senior research scientist at NASA’s Johnson Space Center, focusing on the effects of solar radiation on the astronauts aboard the International Space Station. Serkan’s mind, once immersed in scientific observation and the boundless expanse of outer space, is now mostly trapped in the contemplation of his small prison cell and the national political drama that landed him there. For the past 14 months, he has been detained in Iskenderun prison on the Mediterranean coast of southeastern Turkey, 25 miles from the Syrian border—he has spent the last 12 months in solitary confinement, allowed outside his cell just one hour every day. *** On the morning of July 23, eight days after the failed coup, Serkan and his family were wrapping up a month-long stay with his parents in Antakya, Turkey. The surreal night of the coup attempt, including pitched street battles between rebel military units and civilians in Istanbul and Ankara, had seemed a world away to the Golges on vacation in Turkey’s southern Hatay province. But as Serkan and his family were loading up a car to go to the airport to begin their return trip to Houston, the coup’s aftermath arrived at their doorstep. Plainclothes state security officials approached Serkan as he emerged from the house and detained him on suspicion of membership in the so-called “Fethullah Terrorist Organization” (FETO) that the Turkish government has accused of plotting the overthrow attempt. “FETO” is the pejorative term coined by the Turkish government for a major social and religious movement in Turkey led by the Islamic cleric Fethullah Gulen who has lived in self-imposed exile in Pennsylvania since 1999. Once a political ally of President Recep Tayyip Erdoğan’s conservative Justice and Development Party (AKP), the Gulen movement fell out with AKP officials in recent years as the movement asserted its independence in various state organs, particularly the courts. President Erdoğan perceived the Gulen movement as a threat and started to purge its allies in state ministries, followed by the private sector. It was no surprise to most observers when Erdoğan declared “FETO” responsible for the coup and moved to eviscerate every last remnant of the group in Turkish institutions, whether in the public sector, business, media, civil society, or education. Serkan is currently on trial and faces up to 15 years in jail if convicted of belonging to “FETO.” Yet the evidence that ostensibly links him to the organization, establishing his complicity in the coup and justifying his prolonged detention, is astonishingly thin. A distant disgruntled relative appears to have denounced Serkan to authorities to settle an old score relating to an inheritance dispute. Based on the relative’s statements, authorities arrested Serkan and raided his parents’ home where they seized upon a single one-dollar bill as evidence. Turkish authorities claim that Fethullah Gulen gave blessed American dollar bills to his followers; thus, national security trials around the country have scrutinized countless dollar bills in their deliberations. His relative further testified to his suspicion that Serkan worked for the CIA. When questioned about this at trial, the relative acknowledged that his claim was based solely on the fact that Serkan lived in the United States. Authorities have also questioned Serkan about his college degree from a major Gulen-affiliated university that the government closed in 2016. He reminded authorities that he attended the university on a government-funded scholarship—a reminder of the ruling party’s formerly cozy relationship with the organization it now denounces as public enemy number one. A dollar bill, a U.S. passport, and a college degree: this is the evidence that has landed an American citizen in solitary confinement for a year in Turkey. *** Serkan’s experience reflects the plight of the tens of thousands of people arrested, imprisoned, or fired from their jobs for suspicion of involvement in the attempted coup. The state of emergency decrees that paved the way for these massive purges did not specify the criteria for detention and dismissal. As a result, baseless assertions about an individual’s suspected links to “FETO” have caused people to lose their jobs, be stripped of their professional licenses, or thrown in jail without even the most minimal due process. In all, the government has detained more than 110,000 people, of whom 50,000 are under arrest. These detentions have swelled Turkey’s prison population and prompted the government last year to release 38,000 inmates just to make room for the influx. Reliable information is not available for the number of ongoing trials or convictions but last month the government issued a decree extending the maximum pre-trial detention period from five to seven years, underscoring how prolonged detention without conviction can serve as punishment itself. Of the 140,000 people who lost their jobs, so far 30,000 have been allowed to return to work. Meanwhile, 80,000 people who lost jobs have appealed their cases to a temporary State of Emergency Procedures Investigation Commission established by Ankara in July 2017. The case load created by the purges would strain the judicial system under normal circumstances, but the situation faced by the Turkish judiciary today is anything but normal. Prior to the coup attempt, President Erdogan had already embarked on a campaign to extend his influence over the judicial branch and promote party loyalists within its ranks. In the coup’s aftermath, this campaign kicked into high gear. Since July 2016, President Erdogan dismissed more than 4,200 judges and prosecutors—approximately a quarter of the total—on suspicion of subversive loyalties. Of the 900 new judges recruited as replacements in April, opposition leaders claim 800 have ties to the ruling party. The independence of the Turkish judiciary further eroded in April 2017 when a controversial nationwide referendum narrowly approved constitutional changes that increased the President’s influence over the Council of Judges and Prosecutors (CJP). The powerful CJP “oversees the appointment, promotion, transfer, disciplining, and dismissal” of judges. Under the newly enacted constitutional amendments, the President now appoints nearly half of the CJP and the Turkish parliament appoints the rest, easily giving the ruling party a majority on the council. Straining under the weight of an overwhelming case load and immense political pressure, Turkey’s judiciary appears to lack the capacity and capability to deliver timely and credible justice for Serkan Golge and thousands like him. *** Back in Houston, the Golges’ house is now on the market. Kubra has opted to remain in Turkey, living with her in-laws in Antakya; she fears that even if the government let her and her sons out of the country it might not let them back in. She covered the mortgage from abroad for the past year, but the mounting financial pressure was unsustainable. Her eldest son should have begun second grade this month at his local public school in Houston. He says he misses his old room, his books and toys. She is able to visit Serkan once a week where she and the children can speak to him by phone through a glass pane. Once every two months, they can meet in person and embrace, always under the watchful gaze of prison guards. Serkan’s next trial date is set for October 13th. For now, the Golge’s homecoming in Houston is postponed indefinitely: every new hearing brings with it the hope of acquittal and the dread of an unjustified conviction. In May, the Helsinki Commission’s leadership, joined by the co-chairmen of the Tom Lantos Human Rights Commission, sent a letter to President Trump urging him to raise Serkan’s case, among others, with President Erdogan during the latter’s official visit to Washington. The letter highlighted the cases of other American prisoners and a detained veteran Turkish employee of the U.S. Consulate in Adana accused of supporting a Kurdish terrorist organization. The letter further encouraged the President to seek consular access for U.S. diplomats to detained Americans in Turkey—a courtesy the government has so far denied them. The Commission will continue to highlight these and other cases in Turkey and urge Ankara to uphold its commitments as a participating State of the OSCE to human rights, democratic principles, and the rule of law.
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article
The 2017 Human Dimension Implementation Meeting: An Overview
Friday, August 18, 2017Each year,1 the OSCE Office for Democratic Institutions and Human Rights (ODIHR) organizes the Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. 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. The 2017 HDIM will be held from September 11 to September 22. Human Dimension Implementation Meeting 2017 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. Each year, three special topics are selected for a full-day review. 2017 special topics will be 1) ensuring “equal enjoyment of rates and participation in political and public life,” 2) “tolerance and nondiscrimination,” and 3) “economic, social and cultural rights as an answer to rising inequalities.” This year’s meeting will take place at the Warsaw National Stadium (PGE Narodowy), the site of the NATO summit earlier this year. The meeting will be webcast live. Background on the Human Dimension Implementation Meeting When the Helsinki Final Act was signed in Finland in 1975, it enshrined among its ten Principles Guiding Relations between Participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the Final Act included a section on cooperation regarding humanitarian concerns, including transnational human contacts, information, culture and education. 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 trafficking in human beings and refugees), and concerns relating to tolerance and nondiscrimination (e.g., countering anti-Semitism and racism). One of the innovations of the Helsinki Final Act was agreement to review the implementation of agreed commitments while considering the negotiation of new ones. Between 1975 and 1992, implementation review took place in the context of periodic “Follow-up Meetings” as well as smaller specialized meetings focused on specific subjects. The OSCE participating States established permanent institutions in the early 1990s. In 1992, they agreed to hold periodic Human Dimension Implementation Meetings” to foster compliance with agreed-upon principles on democracy and human rights. Additional changes to the modalities for the HDIM were agreed in 1998, 2001, and 2002, which included shortening the meeting from three weeks to two weeks, and adding three “Supplementary Human Dimension Meetings” annually on subjects selected by the Chairmanship-in-Office on particularly timely or time-sensitive issues. One of the most notable features of the HDIM is the strong participation of non-governmental organizations. The United States has been a strong 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 modalities 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. 1 In exceptional years when the OSCE participating States hold a summit of heads of state or government, the annual review of human dimension commitments is included as part of the Review Conference which precedes the summit, and also includes a review of the political-military and economic/environmental dimensions.
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article
Journalists Persecuted 2017: Illustrative Cases
Wednesday, August 02, 2017By Jordan Warlick, Staff Associate Natasha Blaskovich, Intern Katya Kazmin, Intern With a section on the “improvement of working conditions for journalists”, the Helsinki Final Act explicitly recognizes the importance of journalists for democratic and open societies. Despite the signing of the agreement in 1975, the situation for journalists is still very grim in several countries in the region. The U.S. Helsinki Commission continues to monitor these conditions closely and remains concerned with: (a) murder, violence, and other egregious acts that harm the safety of journalists; (b) imprisonment of journalists for their work; (c) other restrictions that impede the work of journalists and a free press. The journalists featured below are representative of those persecuted so far this year. Afqan Muxtarli (Azerbaijan) – Muxtarli and his family fled to neighboring Georgia in 2015 after Muxtarli received threats related to corruption investigations into Azerbaijani President Ilham Aliyev and other officials. Following Muxtarli’s disappearance on May 29, 2017, Muxtarli’s lawyer told Radio Free Europe that the journalist was abducted in Tbilisi and handed over to Azerbaijani officers at the border. Muxtarli believes that these officers planted €10,000 on him and then promptly arrested him, in order to incriminate him for illegally crossing the border with a large sum of money and no passport. Amnesty International and other international human rights organizations have criticized the Azerbaijani government for its oppression of journalists and suppression of free speech. Georgia’s Interior Minister has stated that Georgia has launched an investigation into this allegedly unlawful imprisonment. Mehman Huseynov (Azerbaijan) – Huseynov, a well-known journalist and blogger in Azerbaijan, was sentenced to two years in prison on March 3, 2017 on defamation charges. Huseynov had been under a travel ban since 2012, and was reportedly harassed and intimidated by the police for years. In early January 2017, Huseynov was arrested in Baku, taken to the Nasimi police station where he was held incommunicado, and repeatedly beaten and abused. Although he filed a formal complaint with the prosecutor’s office and made his abuse public, Huseynov’s allegations were declared groundless and not investigated. Huseynov was accused of defamation by the Nasimi police chief, and was found guilty in May 2017. Halina Abakunchyk (Belarus) – Abakunchyk is a correspondent for Radio Free Europe/Radio Liberty (RFE/RL), a U.S.-government-funded service. She was detained overnight on March 12, 2017, accused of “participating in an unsanctioned rally,” and then fined approximately $300 for covering large nationwide protests in March over a tax on the unemployed. Abakunchyk was one of 32 journalists arrested and/or fined for similar offenses while covering the protests. Zhanbolat Mamay (Kazakhstan) – Mamay is the editor of the Tribuna newspaper, one of the few independent papers in Kazakhstan to have survived a recent trend of pressure and harassment from the government. Arrested on February 10, 2017, Mamay stands accused of being an accomplice to money-laundering, along with opposition leader and former head of BTA Bank, Mukhtar Ablyazov, in 2009. Before his arrest, Mamay told RFE/RL that he felt he was being followed. Since his arrest, Mamay has complained of being beaten and extorted while in prison. There are concerns for the safety of Mamay and his family as well as the provision of a fair trial. The Committee to Protect Journalists and other organizations have called for his release. Nikolai Andrushchenko (Russia) – Andrushchenko was a Russian journalist known for reporting on issues provocative to the Russian regime, including corruption. When Andrushchenko was attacked by assailants in St. Petersburg on March 9, 2017, he was in the midst of investigating reports of corruption and human rights abuses, allegations including the involvement of local police. He was found unconscious several hours later and taken to a hospital where brain surgery was performed, leaving him in a coma. He died on April 19, 2017. Prior to the March 9 attack, Andrushchenko had been attacked at least two times in the last decade. In November 2016, assailants attacked him on his doorstep. He was also attacked in November 2007, weeks before he was jailed for two months on false charges of defamation and obstruction of justice. The police have not informed the newspaper which Andrushchenko co-founded, Novy Peterburg (New Petersburg), of any progress in the investigation. Dmitry Popkov (Russia) – Popkov, the chief editor of local independent newspaper Ton-M in Siberia, was found shot dead in his backyard in Minusinsk on May 24, 2017. Popkov was known for investigating alleged abuses of power and corruption. Ton-M’s motto, “We write what other people stay silent about,” made the newspaper – and Popkov himself – long-time targets. Shortly before his murder, Popkov had published reports regarding a federal parliamentary audit that revealed corruption in the local administration. An investigation has been launched by the regional branch of Russia’s Investigative Committee and Popkov’s journalism is being treated as a potential motive for the murder. Nur Ener (Turkey) – Ener, a journalist for the daily Yeni Asya, was detained by police after they raided her apartment in the middle of the night on March 3, 2017. Accused of being affiliated with the Fethullah Gülen network, Ener’s formal charges are unknown to her lawyer and she is allowed only 45 minutes of family visits a week and one hour with her lawyer. A former roommate of Ener, who was arrested after the July 2016 coup attempt, is said to have given Ener’s name to the police in the aftermath of the coup. Some of Ener’s critical reporting, including an interview where the guest criticized certain government policies, may have also been a reason for her arrest. According to the Committee to Project Journalists, Ener is one of over 80 journalists imprisoned in Turkey – the largest jailer of journalists in the world. Oguz Guven (Turkey) – Guven is the website editor-in-chief of Cumhuriyet daily. He was detained on May 12, 2017 for spreading terrorist propaganda, a popular charge against journalists in Turkey. The arrest allegedly was prompted by the newspaper’s tweet about the death of Mustafa Alper, a senior Turkish prosecutor involved in prosecuting suspects in the July 2016 coup attempt. Cumhuriyet has come under extreme pressure from the Turkish government, with 17 journalists and board members standing trial on July 24. Guven and his colleagues could face prison sentences as long as 43 years. Stanyslav Aseyev (Ukraine) – Aseyev, a freelance journalist who contributed to Radio Free Europe/Radio Liberty under the name Stanyslav Vasin, has been missing from Donetsk since June 3, 2017. On July 16, Yehor Firsov, a former Ukrainian lawmaker and close friend of Aseyev, said he received information through unofficial sources that the journalist was detained by pro-Russian separatists. Aseyev allegedly faces charges of espionage by the self-proclaimed Donetsk People’s Republic (DNR), who have threatened him with up to 14 years’ imprisonment. Other journalists highlighted in Political Prisoners in Russia: Mykola Semena (Ukraine) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care. Semena’s trial has been adjourned and delayed several times this year. If he is found guilty, he could face five years in prison. Roman Sushchenko (Ukraine) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko. Sushchenko’s pre-trial detention has been extended several times by the Lefortovsky District Court of Moscow since his arrest, and is currently set until September 30, 2017. Photos Cited: Afqan Muxtarli: Facebook Mehman Huseynov: Facebook Halina Abakunchyk: RFE/RL Zhanbolat Mamay: RFE/RL Nikolai Andrushchenko: RFE/RL Dmitry Popkov: TON-M Nur Ener: Platform for Independent Journalism (P24) Oguz Guven: Twitter Stanyslav Aseyev: RFE/RL
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press release
One Year After Coup Attempt, Helsinki Commission Calls on Turkish Government to Respect OSCE Commitments, End Crackdown
Friday, July 14, 2017WASHINGTON—Ahead of the one-year anniversary of the attempted coup in Turkey, Helsinki Commission Chairman Sen. Roger Wicker (MS) and Co-Chairman Rep. Chris Smith (NJ-04) issued the following statements: “Last July, thousands of Turks took to the streets to stand against a military coup attempt. Turkish democracy still hangs in the balance one year later,” said Chairman Wicker. “I urge the Turkish government to restore stability and trust in its institutions by ending the state of emergency, releasing all prisoners of conscience, and guaranteeing full due process to all those who face credible charges.” “The Turkish government’s campaign against parliamentarians, academics, journalists, and thousands of others is marked by grave human rights violations,” said Co-Chairman Smith. “The Turkish courts’ support for this campaign is a sad sign of the challenges ahead – we recently saw this in a court’s confirmation of the expropriation of a Syriac Orthodox monastery. I call on the Turkish government and courts not to continue down the path to dictatorship.” Ahead of the May 2017 meeting between President Donald Trump and Turkish President Recep Tayyip Erdogan, Helsinki Commission leaders urged President Trump to seek guarantees that several U.S. citizens currently jailed in Turkey will have their cases promptly and fairly adjudicated and receive full consular assistance. They called for the prompt release of imprisoned American pastor Andrew Brunson; for consular access and fair trials for American dual citizens like Serkan Golge; and for timely and transparent due process for long-standing U.S. consulate employee Hamza Uluçay. Chairman Wicker also submitted a statement to the Congressional Record expressing his concern about the outcome of the April 16 constitutional referendum in Turkey, which approved Turkey’s conversion from a parliamentary government into an “executive presidency,” further weakening crucial checks and balances.
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article
2017 Trafficking in Persons Report – the OSCE Region
Tuesday, June 27, 2017By Allison Hollabaugh, Counsel Human trafficking remains a pressing human rights violation around the world with the International Labor Organization estimating that nearly 21 million people are enslaved at any given time, most of them women and children. As part of U.S. efforts to combat human trafficking, the U.S. Department of State today released the 2017 Trafficking in Persons Report (TIP Report), reflecting the efforts of 187 countries and territories to prosecute traffickers, prevent trafficking, and to identify and assist victims, as described by the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons, especially Women and Children. Trafficking Victim Identification and Care: Regional Perspectives According to the new TIP Report, in the 2016 reporting year, countries in the OSCE region identified 304 more trafficking victims than in the previous year, for a total of 11,416 victims. This increase is particularly notable when compared to the East Asia and Pacific, Near East, South and Central Asia, and Western Hemisphere regions, where victim identification declined, but still maintained a generally upward trend over 2014. Trafficking victim identification and care is critical for proper management of refugee and migrant flows. In order to help law enforcement and border guards identify trafficking victims among the nearly 400,000 migrants and refugees entering the region last year, the OSCE Office to Monitor and Combat Trafficking in Human Beings launched a new project to conduct multiple trainings, including simulation exercises, through 2018. The first training in November 2016 included participants from 30 OSCE participating States. Victim identification and care are also critical for successful prosecutions. Nearly every region of the world saw a drop in prosecutions of human traffickers, but an increase in convictions in the 2016 reporting year. This trend may reflect a growing knowledge among prosecutors of how to successfully investigate and prosecute a trafficking case. It also may reflect an overall increase in trafficking victims who have been identified, permitted to remain in-country, and cared for such that the victims—now survivors—are ready, willing, and able to testify against their traffickers. Despite the dramatic decline in prosecutions (46 percent) in the OSCE region, convictions held steady at nearly the same numbers as the previous year. Individual Country Narratives Along with regional statistics, the TIP Report also provides individual country narratives, recommendations for the most urgent changes needed to eliminate human trafficking, and an assessment of whether the country is making significant efforts to meet the minimum standards for the elimination of human trafficking. Tier 1 countries meet the minimum standards for the elimination of human trafficking. Tier 2 countries do not yet meet the standards, but are making significant efforts to do so. Tier 2 Watch List countries do not meet the minimum standards and are making significant efforts to do so, but have a very large or increasing number of trafficking victims, have failed to demonstrate increasing efforts over the previous year, or lack a solid plan to take additional steps in the coming year. Tier 3 countries do not meet the minimum standards and are not making significant efforts to do so. Twenty-five OSCE participating States qualified for Tier 1 in the TIP Report. Nineteen participating States qualified for Tier 2, including Ukraine, which was upgraded this year after four years on the Tier 2 Watch List. Five participating States were designated for the Tier 2 Watch List, including Hungary, Moldova, Montenegro, Serbia, and Bulgaria.* Four participating States were on Tier 3, including Belarus, Russia, Turkmenistan, and Uzbekistan. States on Tier 3 may be subject to sanctions. Legislation authored by Helsinki Commission Co-Chairman Rep. Chris Smith—who also serves as the Special Representative for Human Trafficking Issues to the Organization for Security and Cooperation in Europe Parliamentary Assembly – requires the TIP Report to be produced every year. In recent years the report has also included an assessment of the United States. Since the inception of the report, more than 100 countries have written or amended their trafficking laws, with some nations openly crediting the report for inspiring progress in their countries’ fight against human trafficking. * OSCE participating States Andorra, Monaco, Lichtenstein, and San Marino are not included in the TIP Report.
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publication
The Nagorno-Karabakh Conflict
Thursday, June 15, 2017The Nagorno-Karabakh conflict between Armenia and Azerbaijan remains one of the world’s most intractable and long-standing territorial and ethnic disputes. Its fragile no-peace, no-war situation poses a serious threat to stability in the South Caucasus region and beyond. The conflict features at its core a fundamental tension between two key tenets of the 1975 Helsinki Final Act: territorial integrity and the right to self-determination. As part of the Helsinki Commission’s continued engagement on security challenges across Europe and Eurasia, this short primer on the conflict lays out the conflict’s origins and recent evolution, as well as the role of key players including Russia, the United States, and the OSCE. Download the full report to learn more. Contributors: Everett Price, Senior Policy Advisor, Alex Tiersky, Senior Policy Advisor, and Anna Zamejc, Lantos Fellow
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hearing
The Growing Russian Military Threat in Europe
Wednesday, May 17, 2017Russian military aggression in recent years has flagrantly violated commitments enshrined in the Helsinki Final Act relating to refraining from the threat or use of force against other states; refraining from violating other states’ sovereignty, territorial integrity, or political independence; and respecting the right of every state to choose its own security alliances. The Commission’s hearing on May 17, 2017, closely examined Russia’s military threats in Europe – especially in terms of Russia’s invasion of Ukraine and its attempts to influence events in other neighboring countries – alongside its ongoing violations of arms control agreements and confidence-building measures. Witnesses included Dr. Michael Carpenter, Senior Director of the Biden Center for Diplomacy and Global Engagement at the University of Pennsylvania and former Deputy Assistance Secretary of Defense; Mr. Stephen Rademaker, Principal with the Podesta Group and former Assistant Secretary of State; and Ambassador Steven Pifer, the Director of the Arms Control and Non-Proliferation Initiative at the Brooking Institution and former U.S. Ambassador to Ukraine. In his opening statement, Helsinki Commission Chairman Senator Roger Wicker reiterated that under President Vladimir Putin, Russia has violated a number of commitments enshrined in the Helsinki Final Act and other agreements, among them, the inviolability of frontiers or the principle of refraining from the threat of use of force against other states. “The Russian leadership has chosen an antagonistic stance, both regionally and globally, as it seeks to reassert its influence from a bygone era,” Chairman Wicker said. He was echoed by Representative Chris Smith, Co-Chairman of the Commission, who added that Russian aggression is more than a localized phenomenon. “Russia is threatening the foundations of European security and recklessly endangering the lives of millions,” Representative Smith said. Dr. Carpenter, the first witness to testify in the hearing, said that the Kremlin was relying on denial, deception, and unpredictability to advance its goals. “In the non-NATO countries, Russia has proven it is willing to use military force to achieve its aims. In NATO countries, it is turning to asymmetric tactics, such as cyberattacks, cover subversion operations, and information warfare,” he said. Mr. Rademaker, who testified next, noted that Russia will comply with various arms control treaties like Conventional Armed Forces in Europe (CFE), Open Skies, and Intermediate-Range Nuclear Forces, only as long as it serves its interests. He concluded that the Kremlin sees security in Europe as a zero-sum game–diminishing the security of its neighbors keeps Russia stronger in Moscow’s view. The third witness, Ambassador Pifer, focused on Russia’s involvement in the Ukraine crisis. “The Kremlin is not pursuing a settlement of the conflict, but instead seeks to use a simmering conflict as a means to pressure and destabilize the government in Kiev,” Ambassador Pifer said, adding that a change in Moscow’s policy is necessary to bring peace to Ukraine. Ambassador Pifer also argued that the US should consider applying additional sanctions on Russia related to its annexation of Crimea. Mr. Carpenter later echoed those concerns and said that the US should focus on financial sanctions in order to increase its pressure on Russia. He also said that the Magnitsky Act is “vastly underutilized by both the previous administration and this administration.” “If we do not check Russian aggression with more forceful measures now, we will end up dealing with many more crises and conflicts, spending billions of dollars more on the defense of our European allies, and potentially seeing our vision of a Europe whole and free undermined,” Mr. Carpenter argued. Answering a question on where the Kremlin could be expected to agitate next in Europe, Mr. Carpenter pointed to the countries of the Western Balkans that remain, in his view, “in the crosshairs of Russian influence operations now.” He said that Serbia and Macedonia are particularly vulnerable and the potential for a full-fledged ethnic conflict in the Balkans is very high. Mr. Rademaker added that the Western Balkan countries lie outside of NATO and therefore “present an opportunity for Russia.” He also expressed worries that the Baltic states, although members of NATO, are at risk as the Kremlin sees the area as a “near-abroad” and thinks Russia is entitled to play “a special security role” in the region. “We need to begin to shape Russian thinking, that they have to understand that there are certain places that the West will not tolerate Russian overreach and will push back on,” Ambassador Pifer concluded. “And hopefully, as we shape that thinking, maybe Moscow comes around to a more accommodating view on some of these questions.”
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press release
Russian Military Activities in Europe to Be Examined at Upcoming Helsinki Commission Hearing
Monday, May 08, 2017WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, today announced the following hearing: “THE GROWING RUSSIAN MILITARY THREAT IN EUROPE: ASSESSING AND ADDRESSING THE CHALLENGE” Wednesday, May 17, 2017 9:30 AM Senate Visitors Center (SVC) Room 208/209 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce051717 Russian military aggression in recent years has flagrantly violated commitments enshrined in the Helsinki Final Act relating to refraining from the threat or use of force against other states; refraining from violating other states’ sovereignty, territorial integrity, or political independence; and respecting the right of every state to choose its own security alliances. Witnesses will review Russia’s military activities in Europe, and how Moscow has consistently and deliberately undermined its OSCE and related arms control commitments. Witnesses will also explore if and how Russia could be coaxed back into compliance, and assess the OSCE as a vehicle to address the growing instability and unpredictability in the European security environment. The following witnesses are scheduled to testify: Michael Carpenter, former Deputy Assistant Secretary of Defense for Russia, Ukraine, Eurasia; currently Senior Director at the Biden Center for Diplomacy and Global Engagement Steven Pifer, Senior Fellow and Director of the Arms Control and Non-Proliferation Initiative at the Brookings Institution Stephen Rademaker, Principal, Podesta Group; former Assistant Secretary of State in charge of the Bureau of Arms Control and the Bureau of International Security and Nonproliferation
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statement
A Call to OSCE Commitments in Aftermath of Turkish Referendum
Thursday, May 04, 2017Mr. President, I rise today to express my concerns about the outcome of the April 16 constitutional referendum in Turkey, when more than 50 million Turkish citizens voted on constitutional amendments to convert Turkey’s parliamentary government into a presidential system. Turkey is a longstanding friend of the United States and a NATO ally. Our bilateral partnership dates back to the Cold War when Turkey served as an important bulwark against the creeping influence of the Soviet Union. Time has not diminished Turkey’s geostrategic importance. Today, Ankara finds itself at the intersection of several critical challenges: the instability in Syria and Iraq, the threat of ISIS and other extremist groups, and the refugee crisis spawned by this regional upheaval. The United States relies on Turkey and other regional partners to help coordinate and strengthen our collective response. I was deeply troubled when renegade military units attempted to overthrow Turkey’s democratically elected government last July. Turkey’s strength is rooted in the democratic legitimacy of its government – a pillar of stability targeted by the reckless and criminal coup attempt. As Chairman of the Commission on Security and Cooperation in Europe, or U.S. Helsinki Commission, I take very seriously the political commitments made by the 57 participating States of the Organization for Security and Cooperation in Europe (OSCE). These commitments – held by both the United States and Turkey – represent the foundation of security and cooperation in the OSCE region. They include an indispensable focus on human rights, rule of law, and democratic institutions. In the OSCE’s founding document, the Helsinki Final Act, participating States affirm “the universal significance of human rights and fundamental freedoms” and consider respect for these to be an “essential factor” for international peace and security. This vision is consistent with long-established U.S. foreign policy promoting human rights and democracy as cornerstones of a safer, more stable international order. With these principles in mind, the United States must pay urgent attention to the current situation in Turkey and the danger it poses to Turkish and regional stability. Eroding respect for fundamental freedoms, rule of law, and democratic institutions in Turkey has proceeded at an alarming pace. The government’s planned “executive presidency” will further decrease government accountability. Since the attempted coup more than nine months ago, Turkey has operated under a state of emergency that gives the government sweeping authority to curtail rights and silence opponents. Certain extraordinary measures may have been justified in the immediate aftermath to restore order, investigate events, and bring perpetrators to justice, but the government’s actions have stretched far beyond these legitimate aims. The ongoing purge has touched every institution of government, sector of society, corner of the country, and shade of opposition – military or civilian, Turk or Kurd, religious or secular, nationalist or leftist, political or non-political. An atmosphere of fear and uncertainty has settled over Turkish society as more than 100,000 people have been detained or arrested. Tens of thousands have been fired from their jobs, had their professional licenses revoked, and had their names released on public lists without any recognizable due process. The government removed and replaced thousands of judges and prosecutors within hours of the coup’s defeat, compromising the independence of the judiciary at a moment when an impartial justice system had become more important than ever. The government has also closed more than 150 media outlets. Upwards of 80 journalists are behind bars. The offices of the country’s oldest newspaper were raided, and the paper’s editor-in-chief and other staff were arrested. The media environment was already under extraordinary pressure before the coup. Last spring, the government seized control of the country’s highest-circulation paper. Self-censorship is now widely practiced to avoid provoking the government’s ire. Additionally, state of emergency decrees have given regional governors the ability to curtail freedom of assembly rights, harming the ability of civil society organizations to organize rallies concerning the referendum. Since July, the government has detained more than a dozen opposition parliamentarians. Many more continue to face criminal charges for political statements they made before the coup attempt. It is difficult to overstate the chilling effect these measures have had on political debate in Turkey. And yet, these are the circumstances under which Turks voted on April 16. These major constitutional changes passed with a slim majority of 51 percent. The OSCE’s international observation mission stated in its preliminary conclusions that the vote “took place on an unlevel playing field” and that “fundamental freedoms essential to a genuinely democratic process were curtailed.” Under the revised constitution, the once largely ceremonial position of president will convert into an “executive presidency” and the position of prime minister will be abolished. The president will be elected along with the national assembly every five years and has the ability to dissolve the assembly and call new elections at will. The president will also appoint a larger proportion — nearly half — of the country’s supreme judicial council. In a report on these new constitutional provisions, the Venice Commission of the Council of Europe concluded that the amendments are a “step backwards” and pose “dangers of degeneration … towards an authoritarian and personal regime.” Turkey is undergoing a disturbing transformation, and I am concerned these changes could undermine the strength of our partnership. President Erdogan’s government has dramatically repressed dissent, purged opponents from every sector of government and society, and is now poised to consolidate power further under his self-described “executive presidency.” In the short term, the Turkish government should act swiftly and transparently to investigate credible claims of voting irregularities in the referendum as well as the legality of a surprise electoral board decision to admit an unknown number of ballots that should be deemed invalid under existing rules. Public trust in the outcome of such a consequential vote is of utmost importance. Sadly, until now, the government has responded to these challenges with dismissiveness and suppression. In the past week, dozens of activists have been detained for participating in protests against the election results. Furthermore, the government should lift the state of emergency, stop all forms of repression against the free press, release all imprisoned journalists and political activists, and urgently restore public confidence in the judiciary. Only then can it credibly and independently adjudicate the tens of thousands of cases caught up in the government’s months-long dragnet operations. A country where disagreements are suppressed rather than debated is less secure. A country where institutions are subordinated to personalities is less stable. A country where criticism is conflated with sedition is less democratic. Unless President Erdogan moves urgently to reverse these trends, I fear our partnership will inevitably become more transactional and less strategic. It will become more difficult to justify long-term investment in our relationship with Turkey if the future of the country becomes synonymous with the fortunes of one party or one individual. The United States and Turkey need a solid foundation for enduring cooperation to tackle regional instability, terrorism, migration, and other challenges. The future of this partnership is difficult to imagine in the midst of a prolonged state of emergency, wide-scale purges, and weakened democratic institutions.
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article
World Press Freedom Day 2017
Wednesday, May 03, 2017By Jordan Warlick, Staff Associate Although freedom of the press is recognized by democracies around the world as an essential and basic human right, emerging reports show that it is globally in decline, even in countries considered strong democracies. The recently published Freedom House 2017 Freedom of the Press Report and Reporters Without Borders’ 2017 World Press Freedom Index both indicate grim trends – Freedom House declares press freedom at its lowest point in 13 years, and Reporters Without Borders describes the “ever darker world map” it has published this year. The OSCE region is not uniform when it comes to freedom of the press. OSCE participating States include some of the freest nations in the world, like Norway and the Netherlands, alongside some of the least free nations, like Azerbaijan and Turkey. The worst-performing region in the aforementioned Freedom House report is Eurasia, while the best-performing is Europe, both of which are largely encompassed in the OSCE region. The central problems of media freedom are also varied between countries, from violence, intimidation, and incarceration of journalists; to emerging contempt for the media among politicians; to media outlet ownership and transparency issues. While some countries require more attention and monitoring than others, any conditions that impede on press freedom or that are considered harmful for journalists deserve attention. The OSCE Representative on Freedom of the Media was an office created in 1997 to do just that: monitor and assist participating States with compliance commitments on freedom of expression and free media. The most recent OSCE Representative on Freedom of the Media, Dunja Mijatović, was a fierce advocate for the rights of journalists across the OSCE. The OSCE participating States currently are in the process of selecting her successor, an appointment that requires consensus among the 57 OSCE participating States. This office’s function as a watchdog for violations and deteriorating conditions for media has been critical to bringing attention to issues and cases that may otherwise go unnoticed. Still, undemocratic regimes, changing political tides in the region, and the evolving landscape of journalism present ongoing challenges. Over the last week alone, the Helsinki Commission has held three different events where media freedom has been an important topic of discussion: a hearing on human rights abuses in Russia; a briefing on Russian human rights violations of Ukrainian citizens; and a briefing on human rights in Turkey after its referendum on changes to the constitution. At the hearing on human rights in Russia, each witness brought attention to the Kremlin’s control of the media and persecution of independent journalists. The briefing on Russian human rights violations against Ukrainian citizens focused on the incarceration of filmmaker Oleg Sentsov, but highlighted other cases of imprisoned journalists such as Roman Sushchenko of Ukrinform News and Mykola Semena, a contributor to Radio Free Europe. On Turkey, Freedom House panelist Nate Schenkkan described the severe restrictions on access to information and underscored Turkey’s status as the number one jailer of journalists in the world. If there is any hope for the future of press freedom in these countries where media is especially unfree, it is in the passion and talent of journalists who are committed to holding their governments accountable despite the risks. It is vital that the United States continue to be an exemplar of and advocate for freedom of the press, enshrined by our founders in the First Amendment in recognition of its importance for democracy, for other countries around the world.
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briefing
Turkey Post-Referendum: Institutions and Human Rights
Tuesday, May 02, 2017Human rights abuses by the Turkish government have proliferated under the state-sanctioned emergency measures imposed in the aftermath of the July 2016 failed coup attempt. Turkish authorities have fired as many as 130,000 public workers, including teachers, academics, police officers, and soldiers, and thousands have been arrested. Hundreds of journalists have had their credentials revoked and dozens of media outlets have been shut down. Human rights groups have documented widespread reports of intimidation, ill-treatment and torture of those in police custody. On April 16, 2017, Turkey held a referendum on a package of amendments that transforms the country’s institutions in major ways. The position of prime minister was eliminated and the executive powers of the president were expanded, enabling him to appoint ministers without parliamentary approval, exert more influence over the judiciary, and call early elections. Coming on top of the post-coup crackdown, how will Turkey’s changing institutions affect human rights in the country? Panelists at the briefing discussed how U.S. policymakers can most effectively encourage the protection of human rights to promote the interests of the Turkish people given the strategic importance of the U.S.-Turkey bilateral relationship.
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press release
Helsinki Commission, Lantos Commission Announce Joint Briefing on Turkish Referendum
Thursday, April 27, 2017WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, and the Tom Lantos Human Rights Commission, today announced the following briefing: TURKEY POST-REFERENDUM: INSTITUTIONS AND HUMAN RIGHTS Tuesday, May 2, 2017 10:30 AM Rayburn House Office Building Room 2255 Human rights abuses by the Turkish government have proliferated under the state-sanctioned emergency measures imposed in the aftermath of the July 2016 failed coup attempt. Turkish authorities have fired as many as 130,000 public workers, including teachers, academics, police officers, and soldiers, and thousands have been arrested. Hundreds of journalists have had their credentials revoked and dozens of media outlets have been shut down. Human rights groups have documented widespread reports of intimidation, ill-treatment and torture of those in police custody. On April 16, 2017, Turkey held a referendum on a package of amendments that transforms the country’s institutions in major ways. The position of prime minister was eliminated and the executive powers of the president were expanded, enabling him to appoint ministers without parliamentary approval, exert more influence over the judiciary, and call early elections. Coming on top of the post-coup crackdown, how will Turkey’s changing institutions affect human rights in the country? Panelists will discuss how U.S. policy makers can most effectively encourage the protection of human rights to promote the interests of the Turkish people given the strategic importance of the U.S.-Turkey bilateral relationship. The following panelists are scheduled to participate: Henri Barkey, Director, Middle East Program, Wilson Center Ebru Erdem-Akçay, Turkish political scientist Beata Martin-Rozumilowicz, Regional Director for Europe and Eurasia, International Foundation for Electoral Systems Nate Schenkkan, Project Director, Nations in Transit, Freedom House
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briefing
Oleg Sentsov and Russia's Human Rights Violations against Ukrainian Citizens
Thursday, April 27, 2017On April 27, the U.S. Helsinki Commission held a briefing focusing on human rights violations against Ukrainian citizens. In particular, this hearing was used as a platform to raise awareness for Oleg Sentsov, a political prisoner being held in Siberia. Sentsov was honored by PEN America this year with their 2017 Freedom to Write award for his work exposing Russian human rights violations. Panelist included Natalya Kaplan, cousin of Oleg Sentsov and campaigner for his freedom, and journalist in Kiev; Mustafa Nayyem, Member of Ukrainian Parliament and former journalist and early organizer of the 2013 Euromaidan protests; and Halya Coynash, spokesperson for Kharkiv Human Rights Protection Group. The panelists provided much context and background detailing Sentsov and others’ cases. Natalya Kaplan spoke to the audience about the terrible conditions her cousin faces in Siberia, including torture, while Mustafa Nayyem spoke about the need to pressure Russia publically to end these human rights abuses. Halya Coynash reminded the audience of the severity of this case by highlighting that Sentsov was the first Ukrainian to be so brazenly imprisoned after the Russian occupation of Crimea; in her eyes, this was the first time the full force of Russian government had been used to fabricate charges and host a show trial against a Ukrainian. The panelists agreed that the media freedom situation in Russian-occupied territory is dire and only growing worse. Of greatest concern was the length to which Russia is willing to go in their efforts to arrest and prosecute journalists. Russia also sets a dangerous precedent with its recent attempts to foist Russian citizenship onto Ukrainians in Crimea, in efforts to undermine international court rulings and give legitimacy to its actions. When it comes to monitoring the human rights situation in Ukraine, the panelists expressed concerns with the lack of access to political prisoners and the inability to target individual Russians involved in creating the sham trials. The panelists believed that the ability to target individuals involved in these trials would be extremely helpful in de-escalating the situation, and they made many references to the Magnitsky Human Rights Accountability Act. Overwhelmingly, the response to these issues was a desire to work with Congress to strengthen and update the Magnistky Act, as well as broaden civil society and NGO engagment. Mustafa Nayyem expressed hope that NGOs, such as PEN America, would play a more pivotal role in helping prevent future repression. News articles following the briefing expressed hope that there would be work within Congress to better address issues involving Ukrainian political prisoners.
Mr. CARDIN. Mr. President, I rise today to draw the attention of my colleagues to the legacy of the July 20, 1974, invasion of Cyprus by Turkey and its ongoing occupation of that island nation. Thirty-six years later, the human dimension of the conflict and the artificial division of the country is evident in many areas. As Chairman of the Helsinki Commission, I am particularly mindful of the violations of human rights stemming from the occupation. I have walked along the U.N.-monitored buffer zone that cuts through the capital city of Nicosia. A visitor to Cyprus need not look far to discover the scars left by the artificial division of a capital and a country.
A year ago this week, the Helsinki Commission held a public briefing, "Cyprus' Religious Cultural Heritage in Peril,'' to draw attention to this aspect of the legacy of the events of 1974. Experts at that briefing documented the scope of the destruction of sites in the north, including Orthodox churches, chapels and monasteries as well as those of other Christian communities. According to Archbishop Chrysostomos II, leader of the Church of Cyprus, over 500 religious sites in the area have been seriously damaged or destroyed. Subsequent to the briefing that Church of Cyprus filed a formal case with the European Court of Human Rights regarding its religious sites and other property in the north. A report prepared by the Law Library of Congress, "Destruction of Cultural Property in the Northern Part of Cyprus and Violations of International Law'' was released at the briefing.
Helsinki Commission staff traveled throughout the region, visiting numerous churches, each in various stages of deterioration, all plundered, stripped of religious objects, including altars, iconostasis and icons. Other sites have been turned into tourist resorts, storage warehouses or other purposes, including stables, shops, and night clubs. Among photos on display at the briefing were those showing the desecrated ruins of graves with all of the crosses broken off of their bases and smashed. A nearby shed was stacked with broken headstones. A number of Jewish cemeteries in the region, according to reports, have likewise been vandalized and left in shambles. Finally, even the rare occasions when Orthodox services that are allowed to be conducted in the north such exceptional events are occasionally marred by security forces preventing worshipers from crossing into the area or the disruption of religious services.
The Commission recently received an update from Dr. Charalampos Chotzakoglou, one of the experts who testified at our 2009 briefing. He reports a number of disturbing developments over the past year, including road construction through a church yard; transport of grave markers robbed from desecrated cemeteries, reportedly to be recycled as scrap metal; the further looting of artifacts from churches; and the known conversion of another church building into a night club. Dr. Chotzakoglou also reports on the continued difficulties in securing permission to conduct religious services at some of the sites in the north.
The events of 1974 have taken a tremendous toll in so many areas, including Cyprus' rich religious cultural heritage. As we mark this 36th anniversary, let us join in the hope that a resolution of the Cyprus question hammered out, by the Cypriots and for the Cypriots, will be found.