Democracy Under Siege in Belarus

Democracy Under Siege in Belarus

Hon.
Ben Nighthorse Campbell
United States
Senate
107th Congress Congress
First Session Session
Thursday, May 10, 2001

Mr. President, I wish to update my Senate colleagues on developments in Belarus in my capacity as Chairman of the Commission on Security and Cooperation in Europe, the Helsinki Commission. The Commission continues to pay close attention to events in Belarus especially as they impact democracy, human rights and the rule of law.

 

May 7 marked the second anniversary of the disappearance of Yuri Zakharenka, the former Belarusian Minister of Internal Affairs. In 1999, General Zakharenka, who had been critical of Belarusian leader Alexander Lukashenka and had attempted to form a union of officers to support democracy, was put in a car by unidentified men and taken away. He has not been heard from since. His fate is probably similar to other prominent Belarusian opposition figures who have disappeared over the last few years, notably Victor Hanchar, Antaloy Krasovsky and Dmitry Zavadsky. The Belarusian authorities have had no success in investigating these disappearances; indeed, there are indications that the regime of Alexander Lukashenka may have been involved. Opinion polls in Belarus have shown that a clear majority of those who are aware of the disappearances believe that they are the work of the Lukashenka regime.

 

These disappearances embody the climate of disregard for human rights and democracy that has persisted since the election of Mr. Lukashenka in 1994. That disregard has intensified following his unconstitutional power grab in November 1996.

 

Presidential elections are planned for later this year. Unfortunately, recent developments in Belarus do not inspire confidence that these elections will meet OSCE standards for free and democratic elections. Despite commitments made to the OSCE, Belarusian authorities continue to unlawfully restrict freedom of assembly and to beat and detain participants in peaceful demonstrations, as illustrated by the April 21 protest by youth activists. On April 27, Valery Shchukin, deputy of the disbanded Belarusian parliament, received a three month sentence for the dubious charge of ``malicious hooliganism.'' And on May 7, police arrested opposition activists who marked the anniversary of Yuri Zakharenka's disappearance. The activists held placards reading: ``Where is Zakharanka?''; ``Who's Next?''; and ``Where are the Disappeared People--Zakharanka, Hanchar, Krasousky, Zavadsky?''

 

Lukashenka continues his harsh assault on OSCE's efforts to develop democracy, characterizing domestic elections observers supported by the OSCE Advisory and Monitoring Group (AMG) as ``an army of bandits and collaborationists.'' This is only the last in a series of incredible accusations against the international community, including far-fetched allegations that $500 million had been earmarked in support of the opposition candidates. On April 25, the OSCE Representative on Freedom of the Media Friemut Duve canceled his visit to Belarus to protest the denial of a visa to his senior advisor, a U.S. diplomat Diana Moxhay who had earlier served at the U.S. Embassy in Miensk. The visit was to have examined the difficult media environment in Belarus, especially in light of the forthcoming presidential elections.

 

I continue to have grave concerns that Presidential Directive No. 8, which imposes restrictions on assistance from abroad offered to NGOs for democracy building and human rights including election monitoring, could be used to block NGO activities and important OSCE AMGroup projects in Belarus.

 

These and numerous other recent occurrences call into question the Belarusian government's willingness to comply with freely undertaken OSCE commitments and raise doubts as to whether the Lukashenka regime intends to conduct the upcoming elections in a manner consistent with international standards.

 

As Chairman of the Helsinki Commission, I call upon the Belarusian authorities to conduct a real and public investigation of the disappearances. Furthermore, I urge the Belarusian Government to take the steps necessary in order for the presidential elections to be recognized as free and democratic as outlined by the March 7 Final Statement of the Parliamentary Troika. These are: transparency and democracy in the preparation and implementation of the elections, in particular the process of registration of the candidates, the composition of electoral commissions and counting of votes; equal access for all candidates to the mass media; refraining from harassment of candidates, their families and supporters; and freedom in carrying out their work for all those engaged in domestic election observation.

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    WASHINGTON—Following the suspension of Radio Free Europe/Radio Liberty (RFE/RL) operations in Russia after a years-long pressure campaign on the outlet by Russian authorities and an escalating crackdown on all forms of independent media, Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) issued the following statement: “I am disturbed by the suspension of RFE/RL’s operations in Russia, which has had a physical presence there since 1991 and has been a trusted news source for the Russian people since 1953. The Kremlin’s outrageous financial and legal attacks on RFE/RL are simply tactics to silence reporting that does not conform to Vladimir Putin’s narrative, and I applaud RFE/RL’s refusal to label its content as coming from a ‘foreign agent.’ “Putin’s absolute destruction of independent media in Russia is rooted in the repression of the Soviet era. The recent legislation that subjects journalists to a 15-year prison sentence for deviating from Kremlin lies about the Russian invasion of Ukraine is part of Putin’s effort to create a totalitarian state. He does not want the Russian people to see the truth about the war on the people of Ukraine, a war of his own choice that is inflicting terror on a peaceful neighbor.” RFE/RL has been the target of financial and legal attacks in Russia, including fines resulting in more than $13.4 million for its refusal to submit to labeling its content. In addition, 18 RFE/RL journalists have been individually designated as “foreign agents.” Since his full-scale military attack on Ukraine, which began on February 24, Putin has escalated his attacks on independent media, including passing harmful legislation criminalizing content about the war on Ukraine; blocking international news sites such as Meduza, BBC, and Deutsche Welle; and forcing the shutdown of independent Russian media outlets such as TV Rain and Echo of Moscow.

  • At OSCE PA Winter Meeting, U.S. Legislators Unite with International Counterparts to Condemn Putin’s Invasion of Ukraine

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Hudson as Chair of the Committee on Political Affairs and Security) met in an emergency session and issued a statement condemning the Kremlin invasion as a “clear and gross violation of the most basic norms of international law as well as OSCE principles and commitments.” The group also issued a subsequent statement standing “in solidarity with the people of Ukraine and its elected government” and noting the “extraordinary courage” exhibited by “civilians, the armed forces and national leaders, including President Volodymyr Zelensky.” Statements condemning Vladimir Putin for the deliberate assault of Russian forces on Ukraine dominated the formal sessions of the meeting, despite an agenda originally designed to consider ongoing OSCE PA work on a wide range of issues. Co-Chairman Cohen spoke for the United States, decrying Putin’s claim that the Ukrainian government is led and run by Nazis. 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Aderholt defended free media in his statement to the committee following presentations by recent Nobel laureate and Novaya Gazeta editor Dmitriy Muratov and OSCE Representative on Freedom of the Media Teresa Ribeiro. On the margins of the Winter Meeting, the U.S. delegation gathered key parliamentarians from a range of participating States over dinner, fostering an opportunity for frank and candid exchanges of views on important topics confronting the OSCE. The event emphasized the depth of the U.S. commitment to European security, going beyond diplomatic representatives to include elected Members of Congress. The delegation also was briefed by diplomats representing the United States in the OSCE, including Ambassador Michael Carpenter, and held bilateral meetings with the heads of the Azerbaijani and Mongolian OSCE PA Delegations. 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These actions resulted in a dramatically more challenging situation on Lithuania’s border, leaving the country essentially no warning should Putin choose to act against the Baltic states.  The delegation also visited the Pabrade Training Area, a Lithuanian initiative which provides facilities for U.S. and Allied military activities in the region. Members also met with Belarusians and Russians who had fled to Lithuania to avoid persecution, including Sviatlana Tsikhanouskaya and other opposition leaders, civil society organizations, and the media.

  • ‘Long Live President Volodymyr Zelensky’

    Mr. Speaker, on Friday, I was grateful, as the ranking member of the U.S. delegation to the Organization for Security and Cooperation in Europe, to address the Parliamentary Assembly in Vienna, Austria. Our delegation was ably led by Co-Chair Steve Cohen. The bipartisan United States delegation of Democrats and Republicans being transatlantic, with our valued European and Indo-Pacific allies, have been united about the Putin war of mass murder in Ukraine, violating the principles of the Helsinki Final Act. Here, we want to emphasize the devastating human cost of the Putin war against the families of Ukraine, isolating Russia and Belarus from the modern world. I was grateful over the years to have visited Russia a number of times where I was so impressed by the talented citizens. Today, they are being betrayed by Putin in his obsession for oil, money, and power. Two months ago, I visited Kyiv and it is horrifying to know of the attacks. Sadly, in Belarus, dictator Lukashenko has become a puppet facilitating the Putin war. It is inspiring that the legal President of Belarus, Sviatlana Tsikhanouskaya, would have her first loyalty to the people of Belarus, not the war criminal, Putin. In conclusion, God bless Ukraine. God save Ukraine. Long live President Volodymyr Zelensky.

  • Helsinki Commission Digital Digest February 2022

  • Co-Chairman Cohen Leads Bipartisan Congressional Delegation to Defend Democracy and Ukrainian Sovereignty at OSCE PA Winter Meeting

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) last week led a bipartisan Congressional delegation to the Winter Meeting of the OSCE Parliamentary Assembly (PA) in Vienna, Austria, which focused almost exclusively on responding to the full-scale Russian assault on Ukraine.  A sizable and active U.S. presence at the hybrid event helped generate nearly united condemnation of the Kremlin attack and provided assurance of the U.S. commitment to European security during a time of great uncertainty. “Our bipartisan delegation actively and adamantly defended Ukraine’s rights as a sovereign nation in the face of unchecked Russian aggression,” said Co-Chairman Cohen. “The European security architecture that has supported peace and prosperity on the continent and around the world for decades must not be allowed to crumble at the whim of a dictator with grandiose aspirations of returning to some imagined past glory. It is long past time that democratic nations—including all other OSCE participating States—unite to firmly put Putin back where he belongs: isolated and outside the bounds of international society.” Other members of Congress traveling to Vienna included Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02), Commissioners Rep. Robert Aderholt (AL-04), Rep. Richard Hudson (NC-08), and Rep. Marc Veasey (TX-33), as well as Rep. Sheila Jackson Lee (TX-18). Remote participants in the Winter Meeting included Ranking Member Sen. Roger Wicker (MS) and Rep. Chris Smith (NJ-04). Although the meeting included a wide range of OSCE issues of concern, Russia’s brazen invasion of Ukraine dominated all discussion.  “Fundamental underpinnings of our security order, including commitments to respect other countries’ territorial integrity, sovereignty, and choices of security alliances, are at this moment being breached, flagrantly and deliberately, by one of our participating States, which is—as we speak—conducting an unprovoked invasion of another participating State,” said Rep. Hudson, who chairs the OSCE PA General Committee on Political Affairs and Security. “If Vladimir Putin succeeds in Ukraine, he will not stop there—just as he did not stop with Transnistria, Abkhazia, South Ossetia, Crimea, and the Donbass. How can any of us realistically believe he will stop with Ukraine?” asked Sen. Wicker, who serves as a vice-president of the OSCE PA. “According to Putin’s twisted rationale, every former republic of the USSR is at risk. NATO is at risk. Every member of the peace-loving international community is at risk of being swept up into this conflict.” Members of the U.S. delegation directly challenged the egregious assertions of the few Russian delegates who attempted to justify their country’s naked aggression. Other issues raised by the U.S. delegation included human rights violations within Russia, as well as in Belarus and in areas of Ukraine under illegal occupation; ongoing concerns regarding human trafficking; and the assault on free media throughout the OSCE region.  Ahead of the Winter Meeting, members of the in-person delegation traveled to Lithuania to underscore U.S. support for a crucial NATO Ally at a time of deep concern caused by Russian aggression. In Vilnius, they met with Lithuanian President Gitanas Nauseda, Prime Minister Ingrida Simonyte, Foreign Minister Gabrielius Landsbergis, and senior members of the Lithuanian Parliament (Seimas) to discuss the Russian assault on Ukraine, the deterioration of regional security, and Lithuania’s values-based foreign policy, including relations with China. The delegation also visited the Pabrade Training Area for briefings on U.S. and Allied military activities conducted in the region, and met with Belarusians and Russians who have fled to Lithuania to avoid persecution, including Sviatlana Tsikhanouskaya and other opposition leaders, members of the business community, civil society organizations, and the media.

  • Conflict of Interest?

    Turkey is at a crossroads. Even as the Turkish Government insists that it remains committed to its NATO partners and to future EU integration, its actions—both foreign and domestic—call those promises into question. Turkey has been a steadfast supporter of Ukraine and Turkish officials have announced plans to normalize relations with Armenia and moved to restore ties with several Middle Eastern countries, including Egypt and Israel. At the same time, the government has reiterated its commitment to the use of Russian military equipment, eroding relations with the United States and other members of NATO. Despite being a founding member of the Organization for Security and Cooperation in Europe (OSCE), Turkey is struggling to live up to the principles of respect for fundamental freedoms outlined in the Helsinki Final Act.  A record number of Turkish journalists are behind bars. The failure of the Turkish government to comply with a ruling of the European Court for Human Rights on the case of Osman Kavala paved the way for the country’s potential expulsion from the Council of Europe, and thousands of others arrested following the attempted 2016 coup also languish in prison on dubious charges.  The briefing, held on February 16, 2022, investigated the intersection of Turkey’s OSCE and NATO commitments related to human rights and security, and its domestic policies that fail to hold true to these principles. Panelists also explored practical policy recommendations to help Turkey overcome this disconnect. During the briefing, attendees heard from Dr. Soner Cagaptay, Director of the Turkish Research Program at the Washington Institute for the Near East, and Deniz Yuksel, Turkey Advocacy Specialist with Amnesty International. The briefing was moderated by Helsinki Commission Senior Policy Advisor Bakhti Nishanov. Co-Chairman Rep. Steve Cohen (TN-09) opened the briefing by remarking on the importance of Turkey and his personal history with Turkey.  He also emphasized that human rights abuses in Turkey have long been a subject of concern, particularly those brought about by President Erdogan’s empire-building attempts. “We need to do what we can to see that the whole world is fair for citizens to express themselves, for press to express themselves, and for people to get information, without which we will not have independent democracies,” he said. Mr. Nishanov explained in opening remarks that Turkey’s position is complex and multi-faceted—while Turkey has been making efforts to normalize relationships with Armenia, Israel, and Egypt as well as bearing a large refugee burden, recent years have been challenging as Turkey experienced economic pain, inflation, and governance issues. Additionally, Turkey’s record of human rights abuses, anti-immigrant sentiments, and other obstacles cast a pall on recent progress, and bring into question the future of Turkey’s democratic development. Dr. Soner Cagaptay spoke about President Erdogan’s declining domestic popularity and the looming threat of economic hardship in Turkey. He also remarked on President Erdogan’s attempts to restore ties with Turkey’s Gulf neighbors, as well as with the United States and Europe. Dr. Cagaptay asserted that as tensions heightened between Russia and Ukraine, Turkey would adopt a neutral public-facing identity, but support Kyiv militarily. While Russia and Turkey are often compared, he pointed out that Turkey has measures of democracy that Russia does not. “The lesson of Turkey under Erdogan is that it takes a long time to kill [democracy]. Turkish democracy is resilient, it is not dead,” he said. Deniz Yuksel spoke to Turkey’s human rights crisis and the dangers opposition politicians, journalists, and citizens face. Reports of torture and detention are common, and those calling out such abuses face persecution themselves. She recommended that U.S. officials raise human rights concerns in every engagement with Turkey. She emphasized, “From the record-breaking imprisonment of journalists to the persecution of LGBTI people, an ongoing crisis of gender-based violence, and the unlawful deportation of refugees, the failures of Turkey’s judicial system cut across societal lines and undermine the human rights of all.” During the question-and-answer segment of the briefing, panelists addressed a range of questions including how specific ethnic minorities are treated in Turkey, how human rights abuses may affect Turkey’s relationship with the United States, and what challenges will arise alongside Turkey’s 2023 elections. Related Information Panelist Biographies Will Turkey Help Washington If Russia Invades Ukraine? | The Washington Institute Human Rights in Turkey | Amnesty International – USA: Turkey Regional Action Network  Turkey’s Careful and Risky Fence-Sitting between Ukraine and Russia | Foreign Policy Research Institute 

  • Helsinki Commission Briefing to Examine Intersection Between Foreign Policy and Human Rights in Turkey

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: CONFLICT OF INTEREST? Foreign Policy and Human Rights in Turkey Wednesday, February 16, 2022 11:00 a.m. Register: https://bit.ly/3Je5Ck4 Turkey is at a crossroads. Even as the Turkish Government insists that it remains committed to its NATO partners and to future EU integration, its actions—both foreign and domestic—call those promises into question. Turkey has been a steadfast supporter of Ukraine and Turkish officials have announced plans to normalize relations with Armenia and moved to restore ties with several Middle Eastern countries, including Egypt and Israel. At the same time, the government has reiterated its commitment to the use of Russian military equipment, eroding relations with the United States and other members of NATO. Despite being a founding member of the Organization for Security and Cooperation in Europe (OSCE), Turkey is struggling to live up to the principles of respect for fundamental freedoms outlined in the Helsinki Final Act.  A record number of Turkish journalists are behind bars. The failure of the Turkish government to comply with a ruling of the European Court for Human Rights on the case of Osman Kavala paved the way for the country’s potential expulsion from the Council of Europe, and thousands of others arrested following the attempted 2016 coup also languish in prison on dubious charges.   The briefing will investigate the intersection of Turkey’s OSCE and NATO commitments related to human rights and security, and its domestic policies that fail to hold true to these principles. Panelists also will explore practical policy recommendations to help Turkey overcome this disconnect. The following panelists are scheduled to participate: Soner Cagaptay, Director, Turkish Research Program, Washington Institute for the Near East Deniz Yuksel, Turkey Advocacy Specialist, Amnesty International  

  • Helsinki Commission Digital Digest January 2022

  • Helsinki Commission Marks One-Year Anniversary of Navalny’s Imprisonment

    WASHINGTON—Ahead of the one-year anniversary of Alexei Navalny’s arrest on January 17, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following statements: “In the past year, while Alexei Navalny has remained unjustly imprisoned, the Kremlin has doubled down on its absurd persecution of his anti-corruption organizations as ‘extremist,’” said Chairman Cardin. “Nevertheless, Mr. Navalny’s colleagues, friends and allies, in the face of grave threats, continue to risk their own freedom to expose Putin’s thuggery across Russia.” “Putin would not have gone to the trouble to imprison Alexei Navalny unless he perceived a serious threat to his power,” said Co-Chairman Cohen. “Mr. Navalny and his team across Russia were instrumental in revealing the ill-gotten gains of Putin and his cronies. This tells you all you need to know about why they are a target.” “During his imprisonment, Alexei Navalny has used his own suffering to call attention to the plight of the hundreds of other political prisoners in Russia,” said Sen. Wicker. “We have not forgotten him or others who are persecuted for their beliefs, and we look forward to a Russia in which they finally are free.” “Despite the Kremlin’s attempts to push Alexei Navalny out of public view and prevent him from challenging Putin, we will not stop calling for his release,” said Rep. Wilson. “Russians who challenge Putin should not have to fear for their safety in their own country.” In August 2020, Alexei Navalny was the victim of an assassination attempt by the FSB that used a Russia-developed chemical weapon in the Novichok family. He spent months recovering after being flown to Berlin for treatment. Navalny returned to Moscow on January 17, 2021, and was arrested at the airport. In February, a Russian judge sentenced Navalny to three and a half years in a prison colony for violating the terms of a suspended sentence related to a 2014 case that is widely considered to be politically motivated. Previous time served under house arrest reduced his prison time to two years and eight months. In June, the Moscow City Court ruled that Alexei Navalny’s Anti-Corruption Foundation and its regional networks would henceforth be considered “extremist” organizations, essentially outlawing these groups and criminalizing their activity. In September, Russian authorities opened a new probe against Navalny and his closest associates for creating and directing an “extremist network.” This, combined with other ongoing criminal investigations, could lead to additional jail time for Navalny and threaten those associated with his organizations, many of whom have been forced to flee Russia.

  • Helsinki Commission Calls for Peaceful Solution in Kazakhstan

    WASHINGTON—In response to the violent clashes between protesters and authorities in Kazakhstan, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “We are deeply concerned about the situation in Kazakhstan and condemn the violence that has accompanied widespread protests across the country. The reported deaths of both protesters and police are extremely disturbing. “We call on President Tokayev and Russian troops not to use disproportionate force against protesters. At the same time, we call on protesters to cease any violent attacks against police, public buildings, or private property. “We urge both sides to find a peaceful way to resolve this crisis. We also urge President Tokayev to ensure respect for human rights, especially freedom of the media and the right to due process for those who have been arrested in connection with the protests.” A wave of protests began on January 2 in the western part of the oil- and gas-rich country in response to a sharp increase in the price of liquefied petroleum gas (LPG). The unrest spread quickly to other parts of Kazakhstan and grew increasingly violent. Authorities deployed tear gas and stun grenades against protesters and blocked internet access in an effort to quell the unrest, while demonstrators attacked government offices. There are reports of deaths among both law enforcement and protesters, as well as of widespread looting. Kazakhstani President Kassym-Jomart Tokayev declared a nationwide state of emergency on January 5, accepted the resignation of his cabinet, and reduced LPG prices, but protests continued. The Collective Security Treaty Organization (CSTO), a security alliance among select former Soviet states including Russia, is sending Russian troops at the request of President Tokayev. The impact of the COVID-19 pandemic has exacerbated already strained economic and social disparities, and demonstrators are demanding increased political liberalization and accountability for government corruption. OSCE observers concluded that the 2021 parliamentary elections “lacked genuine competition” and underscored the need for political reform.

  • Helsinki Commission Cautions Russia Against Dissolving Russian Human Rights Organization Memorial

    WASHINGTON—As the latest court proceedings conclude for Russian human rights group Memorial International, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “The Kremlin continues to twist Russia’s so-called justice system to punish civil society, opposition politicians, and independent media who dare to speak out against the abuses of Putin’s regime. The United States should raise the stakes and impose concrete consequences on any officials who support such vindictive action against the Russian patriots who defend the human rights of their fellow citizens.” In a December 17, 2021 letter, Chairman Cardin, Co-Chairman Cohen, Sen. Wicker, Rep. Wilson, and Helsinki Commissioner Sen. Sheldon Whitehouse (RI) urged President Joe Biden to sanction 17 Russian officials and associates involved in the harassment and prosecution of Memorial and its leadership. “The United States has a moral duty to prevent this attack on universal rights and freedoms,” they said. “Publicly sanctioning the Russian officials involved in the attack on Memorial and their enablers would be an effective way to support pro-democracy forces in Russia and deter perpetrators.” In November 2021, Russia’s Supreme Court notified Memorial that the General Prosecutor’s office was suing to dismantle the organization for alleged violations of Russia’s “foreign agent” laws. In a November 17 statement, the Helsinki Commission expressed concern about the organization’s potential dissolution, noting, “We continue to see an alarming increase in attacks on civil society, opposition politicians, and independent media in Russia. Now the Kremlin actively seeks to dismantle Memorial, a respected network of organizations dedicated to revealing and preserving the history of Soviet repression and fighting for political prisoners in Russia today. Memorial’s efforts to defend truth and human rights are essential and must be protected for generations to come.” Memorial, established in the final years of the Soviet Union by dissidents including Andrei Sakharov, is one of the most respected and enduring human rights groups in the region. Its local chapters focus on preserving the truth about Soviet repressions, particularly under Stalin, and honoring the memories of those lost. Memorial also maintains a comprehensive database of current political prisoners in Russia and continues to advocate for the rights of the people of Russia, especially in the North Caucasus. The Helsinki Commission has convened numerous events featuring Memorial representatives.  

  • Chairman Cardin Calls for Release of Osman Kavala, Welcomes Council of Europe Infringement Proceedings Against Turkey

    WASHINGTON—Following the recent ruling of a Turkish court that will keep philanthropist Osman Kavala jailed until his trial begins in January 2022 and the subsequent decision by the Council of Europe to begin infringement proceedings against Turkey, Helsinki Commission Chairman Sen. Ben Cardin (MD) issued the following statement: “Justice has been denied, once again, for Osman Kavala, whose only apparent crime is being a Turkish patriot. Despite earlier rulings from a Turkish court and the European Court of Human Rights requiring the state to release Mr. Kavala, Turkish authorities have already jailed him for more than four years—in clear violation of Turkey’s OSCE commitments. “The ongoing injustice against Mr. Kavala is not unique. Thousands of Turkish citizens have been victims of the arbitrary court system. It is welcome news that the Council of Europe will start infringement proceedings against Turkey. Although Turkey is an important NATO ally, its leaders repeatedly have failed to uphold its commitments to respect human rights and the rule of law. "I urge the Turkish government to comply with its international obligations and release Mr. Kavala.” Turkey’s failure to comply with the decision of the European Court of Human Rights, of which the country is a member, prompted the Council of Europe to start infringement proceedings. The process has been used only once before in more than seven decades of the organization’s history and may result in Turkey losing its voting rights or being excluded from the Council. Osman Kavala is a Turkish entrepreneur and philanthropist who has for decades supported civil society organizations in Turkey. In 1990, he contributed to the establishment of The Helsinki Citizens' Assembly, a democracy and human rights non-profit inspired by the Helsinki Final Act. In November 2017, Turkish authorities arrested Mr. Kavala, alleging that he attempted to overthrow the Turkish government. Mr. Kavala was acquitted of these charges in February 2020, only to remain in detention and be charged with a new offense in March 2020. The same month, the European Court of Human Rights ruled Mr. Kavala should be released from pre-trial detention.  Domestic and international human rights watchdogs consistently report that the charges against Mr. Kavala are unsubstantiated and politically motivated. Recently, ambassadors from ten Western countries, including the United States, advocated for his release. These demands were rejected by the Government of Turkey. Mr. Kavala is a recipient of the 2019 European Archaeological Heritage Prize and the Ayşenur Zarakolu Freedom of Thought and Expression Award from the Human Rights Association’s Istanbul branch.

  • Helsinki Commission Digital Digest November 2021

  • Helsinki Commission Alarmed by Attempted Liquidation of Memorial

    WASHINGTON—Following last week’s request by Russian prosecutors to liquidate the human rights group Memorial International and the Memorial Human Rights Center, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “We continue to see an alarming increase in attacks on civil society, opposition politicians, and independent media in Russia. Now the Kremlin actively seeks to dismantle Memorial, a respected network of organizations dedicated to revealing and preserving the history of Soviet repression and fighting for political prisoners in Russia today. Memorial’s efforts to defend truth and human rights are essential and must be protected for generations to come.” In 2015, the Memorial Human Rights Center was designated a “foreign agent.” This label has been applied in a derogatory way to numerous human rights groups, independent media organizations, and related individuals to stifle or completely stop their work in the country. In 2016, Memorial International, the parent organization of the Memorial Human Rights Center, also was designated a “foreign agent.” On November 11, Russia’s Supreme Court notified Memorial International that the General Prosecutor’s office was suing to dismantle the organization for alleged violations of Russia’s “foreign agent” laws. The Supreme Court hearing is scheduled to take place on November 25. Memorial Human Rights Center will come before the Moscow City Court on November 23 to face liquidation for alleged “justification” of extremism and terrorism in its materials. Memorial, established in the final years of the Soviet Union by dissidents including Andrei Sakharov, is one of the most respected and enduring human rights groups in the region. Its local chapters focus on preserving the truth about Soviet repressions, particularly under Stalin, and honoring the memories of those lost. Memorial also maintains a comprehensive database of current political prisoners in Russia and continues to advocate for the rights of the people of Russia, especially in the North Caucasus. The Helsinki Commission has convened numerous events featuring Memorial representatives.

  • Helsinki Commission Supports Invocation of OSCE’s Vienna Mechanism in the Face of Sustained Human Rights Crisis in Belarus

    WASHINGTON—Following the invocation of the OSCE’s Vienna Mechanism to address the mounting human rights crisis in Belarus, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “One year after the release of a comprehensive, unbiased, and damning report detailing human rights abuses by the Lukashenko regime, Lukashenko has not simply failed to act on the report’s recommendations—he has intensified his brutal crackdown on those in Belarus who continue to fight for their fundamental freedoms. “Among its other commitments as an OSCE participating State, Belarus is bound to respect human rights and hold free and fair elections. By invoking the Vienna Mechanism, the United States and 34 other countries demand that the authorities in Belarus finally address the violations raised in the 2020 report and inform the international community about the steps the Lukashenko regime is taking to investigate those serious allegations. Ensuring human rights violators are held to account is of importance to us all.” In September 2020, 17 OSCE participating States, including the United States, invoked the OSCE’s Moscow Mechanism to investigate credible accounts of widespread human rights violations perpetrated in the aftermath of Belarus’ fraudulent August 2020 elections. The Moscow Mechanism allows a group of OSCE participating States to appoint independent experts to investigate a particularly serious threat to the fulfillment of human rights commitments in a participating State. On November 5, 2020, the Moscow Mechanism report substantiated numerous allegations of torture and repression and included recommendations and advice for the Government of Belarus, the OSCE, and the international community. Lukashenko’s government failed to cooperate with the investigation. On November 4, 2021, as a follow-up to the 2020 report, 35 OSCE participating States posed detailed questions to the Lukashenko regime via OSCE’s Vienna Mechanism, which obliges participating States to respond to formal requests for information from other States about serious human rights concerns. The commission convened a hearing on human rights in Belarus on September 21, 2021.

  • HELSINKI COMMISSIONERS JOIN OSCE PA MEETING ON AFGHANISTAN, DEBATE POLICY RESPONSES

    On November 4, 2021, more than 40 members of the OSCE Parliamentary Assembly (PA) met remotely to discuss the current security challenges posed by developments in Afghanistan and the future of OSCE engagement with Afghanistan under the Taliban’s rule. Since 2003, Afghanistan has been an OSCE Partner for Cooperation and shares a border with several OSCE countries. The debate, which was attended by seven members of the Helsinki Commission, took place as part of the OSCE PA’s annual Autumn Meeting. Each year, the Autumn Meeting focuses on debating one or more currently relevant issues confronting the OSCE region.  This year’s Autumn Meeting was originally planned to be in Dublin, Ireland, but a resurging COVID-19 pandemic forced the OSCE PA to rely on emergency procedures that allow for statutory meetings to be conducted remotely. OSCE PA Leaders Outline Challenges Posed by Afghanistan OSCE PA President Margaret Cederfelt opened the debate with an overview of the challenges presented by the Taliban’s takeover of Afghanistan. While three OSCE countries—Uzbekistan, Turkmenistan, and Tajikistan—share a border with Afghanistan, developments there also have serious implications for the rest of the OSCE participating States. The worsening humanitarian crisis, the Taliban’s historical connections to terrorism, the negative economic fallout, the potential impact on neighboring countries, and deteriorating human rights, particularly for women and girls, were all of concern. “Those who will suffer most from this is, of course, the ordinary people,” President Cederfelt emphasized, while highlighting the impending economic turmoil Afghanistan faces. “It is essential that human security is protected by safeguarding the fundamental rights of all Afghans.” President Cederfelt also underscored the need for international cooperation while addressing this situation, given its global security implications. The three leaders of the PA General Committees highlighted aspects of the crisis related to their specific mandates. Helsinki Commissioner Rep. Richard Hudson, who chairs the General Committee on Political Affairs and Security, noted, “Perhaps most alarming is the return of an international terrorist threat from Afghanistan. He also highlighted the production and trade of narcotics and illegal drugs backed by the Taliban as a serious challenge with global implications, thanks to major trafficking routes. “The security situation in Afghanistan is intrinsically linked with that of the OSCE region as a whole—but it will first and most immediately affect Afghanistan’s neighbors in Central Asia,” he said. “We must all be especially concerned about threats to the three OSCE participating States that have borders with Afghanistan: Tajikistan, Turkmenistan and Uzbekistan. This is perhaps the area in which our organization can have the greatest and most immediate impact." The other two general committee chairs shared their concerns as well. Pere Joan Pons of Spain, who chairs the General Committee on Economia Affairs, Science, Technology, and Environment, highlighted Afghanistan’s current economic and environmental challenges, especially given the country’s vulnerability in the face of climate change. Sereine Mauborgne of France, who chairs the General Committee on Democracy, Human Rights, and Humanitarian Questions, discussed the serious human rights violations faced by women, girls, and other vulnerable populations. In addition, many Afghans face urgent or extreme food and security issues; the Taliban lacks the capability to provide either for the Afghan people. Director of the OSCE Conflict Prevention Center Tuula Yrjölä discussed Afghanistan’s relationship to the OSCE as a Partner for Cooperation and the potential role of the OSCE role in addressing the situation. She concluded that Afghanistan’s partnership status in the OSCE was based on shared values; its future may be in question under a Taliban government. Helsinki Commissioners Participate in the General Debate Following the introductory remarks, six members of the Helsinki Commission—including all four senior commission leaders—took the floor to voice their concerns and engage with other parliamentarians. Helsinki Commission Chairman Sen. Ben Cardin, who also serves as the Head of the U.S. Delegation and the OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, expressed disappointment at how quickly the democratic government and institutions in Afghanistan deteriorated, despite years of investment and support. “One of the prime reasons was corruption,” explained Chairman Cardin. The rights of women and girls and ensuring humanitarian assistance reaches populations in need were two areas that he insisted be of focus as international efforts move forward. Media freedom was of particular concern for Helsinki Commission Co-Chairman Rep. Steve Cohen. “Lower-level Taliban forces threaten and harass journalists,” he stated. “RFE/RL has reported that over the past weeks, its remaining journalists have been questioned by armed Taliban and door-to-door searched have been conducted looking for journalists affiliated with the United States.” Media freedom is among the fundamental freedoms the OSCE seeks to protect, and Co-Chairman Cohen insisted the Taliban must be held responsible for violating these rights. Helsinki Commission Ranking Member Sen. Roger Wicker, who also serves as an OSCE PA Vice President, shared legislation he is sponsoring in Congress that seeks to strengthen the American response to Afghanistan and reiterated the dangers that religious and ethnic minorities in Afghanistan currently face. Ranking Member Rep. Joe Wilson highlighted the dangers of terrorism and the oppressive rule of the Taliban. “It cannot be business as usual with the Taliban,” he stated.  “Together, we must use our leverage to prevent Afghanistan from again becoming a terrorist haven devoid of human rights.” Chairman Cardin, Sen. Wicker, and Rep. Wilson all expressed concern over Afghanistan’s status as an OSCE Partner for Cooperation. “Before we recognize any representative of Afghanistan in our assembly, we should make sure that they will adhere to the principles of the Helsinki Final Act,” Chairman Cardin stated. Rep. Wilson argued that Afghanistan’s partner status should be reconsidered, and Sen. Wicker also emphasized the importance of the values shared by OSCE participating States and Partners for Cooperation. “I would hope that it is our position going forward that the Taliban-led government in Afghanistan not be recognized as an OSCE Partner for Cooperation,” Sen. Wicker said. Helsinki Commissioner Rep. Gwen Moore focused on the dangers for women and girls and the human rights violations they face. Despite advances made in women’s rights in Afghanistan during the past two decades, the return of Taliban rule has brought a resurgence of violence and restrictions, endangering the lives of women throughout the country. Many have fled Afghanistan, fearing for their safety, while others have remained to fight for their country. While Rep. Moore strongly advocated for supporting resettlement efforts, she also emphasized that resettlement was a last resort. “We must continue to press for the protection of these women in their own country,” she said. Ms. Moore also proposed that the OSCE PA create and maintain a project to monitor and support Afghanistan’s female parliamentarians. Helsinki Commissioner Rep. Ruben Gallego stressed the importance of aiding Afghans still in Afghanistan. “We must find ways to support Afghans in-country who are bravely calling for progress, and we must stand up for the human rights of those who suffer at the hands of the Taliban,” he said. Rep. Gallego further argued that the international community must do more than simply aid in the evacuation of those fleeing the Taliban’s rule. “We must also ensure that those who have been evacuated have long-term support in the resettlement process. The United States must do its part in accepting the bulk of Afghan refugees, and I have personally pushed in Congress to provide Afghans with the long-term resources they need to settle into a new life,” he stated, and asked all the participating parliamentarians to urge their countries to do the same. OSCE Efforts Moving Forward Throughout the debate, which highlighted various vulnerable populations and severe security threats that must be addressed in the future, one recurring theme was the need for international cooperation. While President Cederfelt began the meeting by observing that it will be impossible to know the future, Rep. Gallego expressed one certainty. “The end of America’s military commitment in Afghanistan does not mean we will turn a blind eye to Afghanistan’s people or the security of the region,” he said.

  • Upholding OSCE Commitments in Hungary and Poland

    Political leaders in Hungary and Poland—U.S. allies and members of the European Union—have for the past decade pursued policies that undermine democracy and the rule of law. In Hungary, the Fidesz government has weakened the country’s democratic institutions, especially the free media and independent judiciary. Instead of strengthening the transatlantic bond, Viktor Orbán has sought closer ties with Russia and China. In Poland, the ruling coalition has taken steps to compromise judicial independence and limit free expression. In this hearing, witnesses examined the erosion of democratic norms in Hungary and Poland and discussed the implications for U.S. foreign policy. Helsinki Commission Chairman Sen. Ben Cardin (MD) began the hearing by addressing the need to help safeguard the freedoms that both Poland and Hungary have fought so hard for, and that form the basis of the OSCE. He then addressed the downward trajectory of democracies in both countries, emphasizing Hungary as a particular concern. In his opening remarks, Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) emphasized the importance of democracy to all freedom loving people, and that while both Poland and Hungary are critical allies to the United States, the erosion of democratic norms in both countries is of serious concern. Co-Chairman Cohen highlighted the use of xenophobic, antisemitic and Islamophobic rhetoric as a mechanism to maintain political power in Hungary, and the collapse of the judicial system in Poland as examples of de-democratization in both countries. He concluded by stating that the United States should expect better of their allies and of members of the European Union. Zselyke Csaky, Research Director, Europe & Eurasia at Freedom House, testified about the key differences between Poland and Hungary and their decline as democracies. She first noted that while Poland remains a democracy and Hungary is now reclassified as a hybrid regime, the democratic decline of Poland is occurring at a faster rate than that of Hungary. She suggested that state capture of the media, judiciary, civic sector, and elections play a key role in the democratic backsliding of both countries. Ms. Csaky then concluded that while any decisions on the governments of Hungary and Poland will be determined by their respective electorates, the United States should uphold strategic, long term commitments supporting the EU, and help to strengthen the civic and media sectors. In his testimony, Dalibor Rohac, Senior Fellow at the American Enterprise Institute, expressed his concern over the authoritarian nature of the Hungarian and Polish governments. In particular, he called attention to the de-facto end of constitutional review, limited access to diverse media, and extraordinary rise in corruption in Hungary. Mr. Rohac closed by stressing the need for support from the United States to be bipartisan and narrow in focus. Heather Conley, Senior Vice President for Europe, Eurasia, and the Arctic at CSIS and incoming President at the German Marshall Fund, began her testimony by maintaining that while democracy in Poland and Hungary are examples of foreign policy accomplishments, both Poland and Hungary should be held accountable for their governments’ behavior in undermining democracy at home and abroad.  Ms. Conley emphasized Hungary’s growing relationship with China, and the need to determine if Hungary is at the level of commitment too maintain the secrecy of a NATO member. She recommended that the United States remain engaged in its investment in both countries but do so through bipartisan and firm policy. Following the conclusion of the witness statements, Chairman Cardin acknowledged that Poland and Hungary are two separate countries with different priorities but addressed what the two have in common. While Poland and Hungary are different cases, he noted, there is a need to address disturbing trends in countries with which the United States has deep ties. “We have to look for way to strengthen the values that make our relationship so important,” he said. “I think America can play an important role here, and that Congress can play an important role.” Related Information Witness Biographies

  • Fighting Impunity for Crimes Against Journalists

    By Arwen Struthers, Max Kampelman Fellow​ In 2013, the United Nations General Assembly declared November 2 International Day to End Impunity for Crimes Against Journalists to commemorate the lives of Claude Verlon and Ghislaine Dupont, two journalists who were kidnapped and killed in a targeted attack on that day. Since their deaths, their killers have walked free with complete impunity; there is no justice in sight. Unfortunately, cases where authorities respond to crimes against journalists with impunity for the perpetrators rather than justice for the victims are not outliers. The Committee to Protect Journalists reports that “in over eight out of 10 cases where a journalist has been targeted for murder, their killers go free.” Impunity often extends beyond cases where journalists are murdered to failure to conduct a proper investigation into other crimes against journalists, such as threats and non-fatal attacks. Complete impunity is not uncommon and presents one of the greatest challenges for media freedom advocates and democratic states around the world today. Freedom of expression and free press are core democratic principles that protect individual liberties, promote discussion in public squares, and contribute to the spread of information. The harmful, cyclical nature of impunity endangers states and individuals as it impedes upon media freedom, violates human rights, and threatens democratic values. Natalya Estemirova Natalya Estemirova was a Russian investigative journalist and a leading defender of human rights in Chechnya for nearly two decades. Despite threats from local authorities, she dedicated her life to calling out injustice. She regularly reported on abuses and violations committed by authorities at the national and local level, and her work was published by sources like Novaya Gazeta and Kavkazsky Uzel. In 2006, she met with the Helsinki Commission to share her findings on human rights violations. On July 15, 2009, Natalya Estemirova was abducted and murdered. Over 12 years later, little has been done to bring her killers to justice. On August 31, 2021, the European Court of Human Rights ruled that the Russian government failed to properly investigate her murder. There has been no conviction and those involved in the murder of Natalya Estemirova continue to walk free. The Dangers of Impunity Across the globe, impunity jeopardizes journalists and the media environments in which they operate. It is both a symptom of broader systemic problems in states, as well as an environmental contributing factor which encourages further crimes against journalists. In an October 2021 Helsinki Commission hearing on media freedom in the OSCE region, OSCE Representative on Freedom of the Media Teresa Ribeiro explained that examining individual cases of crimes against journalists and addressing each as it arises is not enough. To best tackle the problems created by violations of media freedom and attacks on journalists, human rights advocates must examine the broader picture. When discussing cases of crimes against journalists, Ribeiro said, “All combined, they all create a landscape, an atmosphere, that silence[s] all the critical voices.”  Crimes against journalists are often efforts to censor journalists who are bringing attention to injustice and corruption. By examining the broader picture rather each individual crime against the press, deeply rooted issues – such as government corruption and authoritarianism - will be exposed. To protect journalists in the future, these issues must be addressed first. At the same hearing, Robert Mahoney, the Deputy Executive Director of the Committee to Protect Journalists, explained that the failure to administer justice not only creates a landscape where there are fewer voices expressing themselves, but also encourages more crimes against journalists in the future. “Impunity will only send a message that journalists’ lives are cheap and that those – whether it’s criminal gangs or whether it’s governments – that want to silence them can, for a few thousand dollars, hire an assassin and get rid of the problem,” he said. Impunity demonstrates to other journalists they may be freely targeted by those they criticize without any protection from the law. It creates a painful choice: are they bullied into silence or do they risk their lives? Yesterday, Today, and Tomorrow One of the most important tools that can be used to help end impunity is multilateral, multi-level pressure. When international organizations and their members, such as the OSCE and its participating States, put pressure on those countries where authorities fail to adequately respond to crimes against journalists, they begin to break the dangerous cycle. Failing to call out impunity as injustice further feeds the emboldening cycle of impunity, but consistent pressure from outside forces can help that cycle crack. Domestic pressure also can have an impact. In February 2018, investigative journalist Ján Kuciak and his fiancée Martina Kušnírová were killed in a targeted attack in Slovakia. In response, the people of Slovakia took to the streets in protest of his death, resulting in the resignation of several top government officials. A Slovakian Supreme Court decision in June 2021 overturned the acquittal of two suspects, ruling that the lower court did not properly examine the evidence. The government’s response to the protests and pressure from the international community—its willingness to continue to prosecute those involved in the murders—demonstrates that external pressure works in putting a stop to impunity. In this case, there is hope that justice is on the horizon. When local communities, countries, and multilateral organizations all maintain pressure upon individual countries for their human rights and media freedom failures, governments who enable or are responsible for crimes against journalists begin to feel the heat. 2021 Nobel Peace Prize winner Dmitry Muratov, the editor-in-chief of Novaya Gazeta, dedicated his award to his slain colleagues, including Natalya Estemirova. In a 2009 Helsinki Commission briefing, Muratov said, “In any encounter with representatives of the Russian political establishment and government, please, bring up this meeting. Please ask these uncomfortable questions.” Joining forces with other defenders of media freedom and human rights and calling attention in public spaces to the failings of countries is one way to effectively combat impunity and protect journalists. On International Day to End Impunity for Crimes Against Journalists, supporters of media freedom should affirm their commitment to protecting the media and fighting against impunity crimes against journalists. To ensure that the work done by journalists around the world – the work done by Natalya Estemirova and others like her – will not be silenced, governments must lend their support and protection.

  • Helsinki Commission Digital Digest October 2021

  • Helsinki Commission to Hold Hearing on Upholding OSCE Commitments in Hungary and Poland

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: UPHOLDING OSCE COMMITMENTS IN HUNGARY AND POLAND Wednesday, November 3, 2021 2:30 p.m. Dirksen Senate Office Building Room 419 Watch live: www.youtube.com/HelsinkiCommission Political leaders in Hungary and Poland—U.S. allies and members of the European Union—have for the past decade pursued policies that undermine democracy and the rule of law. In Hungary, the Fidesz government has weakened the country’s democratic institutions, especially the free media and independent judiciary. Instead of strengthening the transatlantic bond, Viktor Orbán has sought closer ties with Russia and China. In Poland, the ruling coalition has taken steps to compromise judicial independence and limit free expression. Witnesses will examine the erosion of democratic norms in Hungary and Poland and discuss the implications for U.S. foreign policy. The following witnesses are scheduled to testify: Heather A. Conley, Senior Vice President for Europe, Eurasia, and the Arctic, Center for Strategic and International Studies Zselyke Csaky, Research Director, Europe & Eurasia, Freedom House Dalibor Rohac, Senior Fellow, American Enterprise Institute  

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