Disturbing Developments in the Republic of Georgia

Disturbing Developments in the Republic of Georgia

Hon.
Ben Nighthorse Campbell
United States
Senate
108th Congress Congress
First Session Session
Tuesday, March 11, 2003

Mr. President, as cochairman of the Commission on Security and Cooperation in Europe, I am concerned by a myriad of problems that plague the nation of Georgia a decade after restoration of its independence and nearly eleven years after it joined the Organization for Security and Cooperation in Europe, OSCE. Among these pressing concerns that I would like to bring to the attention of my colleagues is the ongoing violence against non-Orthodox religious groups, as well as allegations of torture perpetrated by Georgian security officials.

 

Concerning religious freedom, the situation in Georgia is one of the worst in the entire 55-nation region constituting the OSCE. Georgia is the only OSCE country where mobs are allowed to attack, violently and repeatedly, minority religious groups with complete impunity. Most recently, on January 24th, worshipers and clergy were assaulted and beaten in a mob attack on the Central Baptist Church in Tbilisi, where an ecumenical service was to have taken place. While police did eventually intervene, no arrests were made, and the planned ecumenical service between Baptists, Armenian Apostolic Church, Catholics and Lutherans was canceled. While I am pleased President Shevardnadze did issue a decree calling for a full investigation, to date no action by police or the Prosecutor General has taken place.

 

During the past three years of escalating mob violence, the Jehovah's Witnesses have experienced the majority of attacks, along with Baptists, Pentecostals, and Catholics. Sadly, victims from throughout the country have filed approximately 800 criminal complaints, and not one of these has resulted in a criminal conviction. The mob attacks are usually led by either Vasili Mkalavishvili, a defrocked Georgian Orthodox priest, or Paata Bluashvili, the leader of the Orthodox ``Jvari'' Union. Often the police and media are tipped off in advance of an attack--probably so that the media can arrive early and the police can show up late. The brazen leaders of these attacks have even given television interviews while mob brutality continues in the background.

 

In response to this ongoing campaign of violence against members of minority faiths, the leadership of the Helsinki Commission and other members of the Senate and House have been in correspondence with President Shevardnadze on numerous occasions. Congressional dismay over this ongoing issue was also reflected in language included in the omnibus appropriations bill underscoring concern over the Georgian Government's apparent resistance to prosecuting and jailing the perpetrators of these mob attacks. Despite assurances, Georgian officials have neither quelled this violence nor taken effective measures against the perpetrators of these assaults. Ironically, it appears that minority religious communities may be freer in parts of Georgia outside of Tbilisi's control than those under the central authorities.

 

The conference report language should send a strong message to President Shevardnadze and other Georgian leaders. They must understand the Congress's deep and abiding interest in this matter and our desire to see those responsible for the violence put in jail.

 

I also must express my concern regarding the widespread, indeed routine, use of torture in the Republic of Georgia. While law enforcement remains virtually nonexistent when it comes to protecting religious minorities from violent attacks, the use of torture by police remains a commonplace tool for extracting confessions and obtaining convictions in other areas. A government commission has also acknowledged that the scale of corruption in law enforcement has seriously eroded public confidence in Georgia's system of justice and the rule of law.

 

At one point, a few years ago, there appeared to be real political will to address this problem. Sadly, increased protections for detainees, adopted to facilitate Georgia's accession to the Council of Europe, were quickly reversed by the parliament once Georgia's admission was complete. Moreover, I am particularly concerned by remarks made by Minister of Interior Koba Narchemashvili in November. In a move calculated to look tough on crime following a notorious murder, he called for seizing control of pre-trial detention facilities from the authority of the Ministry of Justice. This would move Georgia in exactly the wrong direction. Reform must continue on two levels; continuing to move Georgia's legal standards into compliance with international norms, and improving actual implementation by law enforcement officers.

 

I want to see a prosperous, democratic, and independent Georgia, but these facts are deeply disturbing and disappointing. The Government of Georgia's failure to effectively address these concerns through decisive action will only further erode confidence here in Washington as well as with the people of Georgia.

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    The Helsinki Commission, an independent U.S. government agency tasked with promoting human rights and security in Europe, has called on the Biden administration to upgrade the United States’ defense relationship with Ukraine. The commission seeks to help facilitate military and economic assistance to Kyiv as Russian forces move to encircle the Ukrainian capital. In a letter to U.S. President Joe Biden obtained by Foreign Policy, the commission urged the administration to designate Ukraine and Georgia, which was invaded by Russia in 2008, as major non-NATO allies (MNNA) and to reinvigorate U.S. support for the NATO accession of both countries.  “Although the United States has consistently supported Ukraine’s and Georgia’s NATO membership, Russia’s occupations and ongoing invasion expose the tragedy of long-stalled Euro-Atlantic enlargement,” wrote the commission, which is led by Democratic Sen. Ben Cardin and Democratic Rep. Steve Cohen. “Absent strong and proactive U.S. backing for Ukrainian and Georgian NATO membership, [Russian President Vladimir] Putin will continue to take ample advantage in his aspirations to upend security and cooperation in Europe and his neocolonial agenda,” the letter said. Both Ukraine and Georgia were promised membership to the defense alliance during the NATO summit in Bucharest, Romania, in 2008. But despite extensive reform efforts, neither country has been offered a timetable for accession.  The United States has provided billions of dollars of military assistance to Ukraine since it was first invaded by Russia in 2014, with more than $1.2 billion approved over the past year. “This designation is a fair reflection of our current bilateral defense relationships and does not commit the United States to military action,” the commission letter said, which also recommended that the administration consider extending the status to other non-NATO members along Europe’s eastern flank: Finland, Moldova, and Sweden. Much of U.S. military aid for Ukraine has been approved through a range of ad hoc government funding mechanisms. Granting the country MNNA status would open a variety of established channels to facilitate arms transfers, financial assistance, and information sharing, smoothing the way for further cooperation. It would also send a powerful signal of support for both Kyiv and Tbilisi. Unlike NATO membership, MNNA status does not entail any mutual security and defense obligations. On Thursday, the White House announced it would designate Colombia and Qatar as major non-NATO allies, bringing the total number of countries to receive the title up to 19.  The title has usually been reserved for countries with no ambitions or prospects of joining NATO, which prompted the Ukrainian ambassador to the United States, Oksana Markarova, to express wariness about the designation last year. “MNNA is a status for countries that do not plan/can not force political or geographical reasons to join NATO. This is definitely not about us,” she wrote in a Facebook post.  NATO accession is decided between the 30 members of the alliance, and an MNNA designation by the United States would not necessarily impede Ukraine’s membership prospects.  The Helsinki Commission, formally known as the Commission on Security and Cooperation in Europe, was founded in 1976 as an independent government agency to monitor compliance with the Helsinki Accords, a major Cold War-era diplomatic agreement that sought to reduce tensions between the Soviet Union and the West as well as establish human rights and security norms. The commission is made up of 18 members of U.S. Congress drawn from both parties and representatives from the U.S. departments of State, Defense, and Commerce.

  • Helsinki Commission Recognizes Key Contributions from Allies and Partners

    WASHINGTON—In light of Russia’s continued criminal war on the peaceful citizens of Ukraine, 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: “Russian dictator Vladimir Putin’s barbaric war against the Ukrainian people has inspired global outrage and condemnation. Many countries have risen to the moment, especially our Baltic Allies, Poland, and Romania. We also recognize those other OSCE participating States that have taken particular risks and stepped up during this moment of great danger and clear moral purpose.  “We thank the Government of Turkey for its significant and robust support for Ukraine. Turkey has long been among Ukraine’s most ardent and consistent advocates, and its closure of the Bosporus and Dardanelles Straits to warships from Russia and Ukraine, consistent with the Montreux Convention, effectively supports Ukraine and the cause of European security. Turkey plays an indispensable role as a NATO Ally and strategic linchpin in Europe. We look forward to working closely with our Turkish allies on additional steps to support Ukraine. “We also recognize Moldova for serving as a safe haven for refugees and for its strong support for Ukraine’s territorial integrity. To date, on a per capita basis, Moldova has welcomed more refugees than any other country. Despite limited resources and the unlawful presence of Russian troops on its soil, President Maia Sandu and the Government and people of Moldova have shown their mettle. We congratulate Moldova on its European Union application. We see your heroic efforts and will continue to work diligently towards supporting Moldova’s transatlantic aspirations. “In addition, despite initially concerning and confusing statements, we applaud the Government of Georgia for its increasingly robust support for the people of Ukraine, particularly given Russia’s threats and occupation of Georgia’s territory. We are grateful for Georgia’s co-sponsorship of the UN General Assembly resolution condemning the Russian invasion of Ukraine, its participation in a call for the International Criminal Court to investigate Russian war crimes, and the strong statements of support by Georgian President Salome Zourabichvili in particular. We congratulate Georgia on its application to the European Union and look forward to doing our part to reinvigorate our bilateral partnership and deepening our transatlantic bond. “We are moving to limit Russia’s ability to wage war on its neighbors and will work closely with our friends to navigate this dangerous moment in history.” On February 28, the Turkish government exercised its authority as a custodian of the Bosporus and Dardanelles Straits, per the 1936 Montreux Convention, and closed their use to warring parties in the Black Sea. On March 2, Turkey provided the Ukrainian military with additional Bayraktar TB2 unmanned aerial combat vehicles. Since Russia launched a full-scale invasion of Ukraine on February 24, Moldova was among the first to open its borders to Ukrainian refugees and hosts more refugees per capita compared to any other European state. Russia illegally maintains a garrison of approximately 1,500 troops on Moldovan territory in Transnistria and supports a separatist government. On March 2, the Government of Georgia co-sponsored a UN General Assembly resolution that condemned Russia’s war against Ukraine. On the same day, Georgia joined 37 other countries formally calling for an International Criminal Court investigation of Russian war crimes in Ukraine. 

  • 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 

  • Chairman Cardin, OSCE participating States Commit to Countering Anti-Semitism at Annual Conference in Warsaw

    By Ryn Hintz, Paulina Kanburiyan, and Worth Talley, Max Kampelman Fellows, and Shannon Simrell, Representative of the Helsinki Commission to the U.S. Mission to the OSCE On February 7 – 8, 2022, the OSCE’s Polish Chair-in-Office organized a high-level conference in Warsaw on Combating Anti-Semitism in the OSCE Region with the support of OSCE’s Office for Democratic Institutions and Human Rights (ODHIR). During the event, government officials, experts, civil society organizations, and the private sector underscored the ongoing threat that anti-Semitism poses not only to Jewish communities, but to democracy everywhere, and the shared responsibility to fight it. In a series of exchanges with experts over two days, more than 100 participants from over 25 countries unilaterally condemned anti-Semitism, Holocaust denial, discriminatory prohibition of religious practices, and other manifestations of prejudice against the Jewish community. They also discussed innovative history education, youth engagement, and legislative responses to foster Jewish life. Helsinki Commission Chairman Sen. Ben Cardin, who also serves as the OSCE Parliamentary Assembly’s Special Representative on Anti-Semitism, Racism, and Intolerance, opened the event by underscoring the need for sustained, coordinated action to end the pervasive anti-Semitism plaguing the OSCE region. “Although recalling the Holocaust is painful, it seems as if we have not fully learned our lesson,” he said. Law Enforcement: A Partner in Combating Hate Speech and Scapegoating OSCE Personal Representative on Combating Anti-Semitism Rabbi Andrew Baker led a session where panelists highlighted the rise in anti-Semitic hate speech, scapegoating, and conspiracy theories since the onset of the global pandemic. Participating States then shared effective national policies and strategies, including best practices of partnering with law enforcement. Addressing Anti-Semitism Online: A Shared Responsibility OSCE Advisor on Combating Anti-Semitism Mikolaj Wrzecionkowski moderated a discussion on steps the private sector, civil societies and governments can take to combat the spread of anti-Semitism online, including actively challenging anti-Semitic algorithms and hashtags, appointing points of contact to address concerns about anti-Semitic content, and promoting educational initiatives among young people, educators, and companies to increase media literacy. The United Kingdom’s Special Envoy for Post-Holocaust Issues, Rt. Honorable Lord Eric Pickles, again underscored the importance of joint action. “At a time of distortion and contempt for our fellow human beings, we need to be able to see our own faces in the faces of strangers,” he stated. Beyond Combatting Anti-Semitism: The Need to Actively Foster Jewish Life Dr. Felix Klein, Federal Government Commissioner for Jewish Life in Germany and the Fight against Anti-Semitism, led a discussion on the challenges and successes of states, cities, and societies in fostering vibrant Jewish communities to both resist the spread of anti-Semitism and uplift Jewish history, culture, and tradition. Panelists shared examples of initiatives to restore cemeteries and monuments, open museums, and compile educational and cultural resources online. Rabbi Pinchas Goldschmidt, President of the Conference of European Rabbis, illustrated the interconnectivity between fostering Jewish life and democracy by discussing recent legislative backlash against Jewish religious practices like circumcision and kosher preparation of meals, further stressing that regulations on these practices must not be prohibitive and should be formed in collaboration with Jewish communities. The Centrality of Education to Address Anti-Semitism and Anti-Roma Discrimination A session moderated by Kishan Manocha, ODIHR’s Head of the Tolerance and Non-Discrimination Department, highlighted the importance of new and innovative education initiatives to address root causes of anti-Semitism and anti-Roma discrimination. Panelists highlighted the need for cross-cultural exposure to combat anti-Semitic and anti-Roma attitudes and build greater connections between those inside and outside Jewish and Roma communities. Policymakers noted the ability to use interactive and digital tools to address histories of discrimination, related not only to the Holocaust but also to Jewish history and contributions to culture and the world. Despite advancements, participants acknowledged that challenges remain: online courses suffer from low completion rates and some curricula address the subject of anti-Roma discrimination only tangentially.  Panelists agreed that addressing anti-Roma discrimination also requires a holistic, inter-curricular approach that builds upon knowledge both of the genocide of Roma and Sinti, and of their histories and cultures. To close the conference, Plenipotentiary of Poland’s Ministry Foreign Affairs, Ambassador Paweł Kotowski called on participants to continue their important work to defeat anti-Semitism and anti-Roma discrimination.

  • 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 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 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 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.

  • 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

  • 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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