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publication
Summary of the OSCE Rule of Law Seminar
Friday, December 01, 1995From November 28 to December 1, 1995, the participating States of the Organization for Security and Cooperation in Europe (OSCE) convened a seminar on the rule of law. The meeting was organized by the Warsaw-based OSCE Office for Democratic Institutions and Human Rights (ODIHR). Thirty-eight of the 53 fully participating States attended, along with representatives from two Non-Participating Mediterranean States, six international organizations, and 25 non-governmental organizations. Over the course of two days, a number of emerging democracies described the constitutions and other legislative provisions that had been adopted in their countries to provide for the rule of law, at least on paper. Western participants, for their part, generally spoke of the specific and concrete challenges faced in their countries in actually implementing safeguards for the rule of law. In general, the participation of East-Central European and former Soviet countries—most of which attended this meeting—was more active than at the 1991 Oslo meeting, and Western participants, for their part, avoided the West-West bickering that marred the earlier seminar. At the end of the meeting, the rapporteurs produced summaries of the discussions.
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briefing
Pre-Election Briefing on Russia
Wednesday, November 29, 1995Dorothy Taft, Chief of staff for the Commission on Security and Cooperation in Europe, on behalf of Representative Christopher H. Smith and Senator Alfonse M. D'Amato, the Chairman and Co-Chairman of the commission, presided the pre-election briefing on Russia. This briefing discussed the Duma and the Presidential elections in Russia, that would determinated the direction that the State will take as to European security and cooperation. Ms. Taft was joined by four recognized specialists in Russian affairs and electoral processes that shared with the Commission their insight on the Duma elections and beyond: Mr. Robert Dahl, an elections specialist with the International Foundation for Electoral System; Dr. Leon Aron, professor of post-Communist transition in Russia; Dr. Peter Stavrakis, Director at the Kennan Institute for Advanced Russian Studies; and Mr. Paul Goble, special advisor for Soviet Nationality Problems and Baltic Affairs at the State Department.
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briefing
Pre-Election Briefing on Russia
Wednesday, November 29, 1995This briefing, which then Commission Chief of Staff Dorothy Taft moderated, focused on the Russian Federation’s upcoming Duma elections in December of the same year. Among the implications of these elections was a potential change in the direction that the Russian Federation would take concerning European security and cooperation. Of course, there was also the possibility that the Duma elections would significantly impact the nature of the U.S.’s and the former U.S.S.R.’s bilateral relations. Considering what was at stake in the Duma’s impending elections, not to mention the former U.S.S.R.’s presidential elections in June of the following year, the Commission, understandably, wanted to hold this briefing in order to be acquainted with Russia’s political leaders and the political landscape upon which they operate.
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briefing
Religious Liberty: The State Church and Minority Faiths
Tuesday, November 28, 1995Samuel G. Wise, Director for International Policy at the US Helsinki Commission, presented the second briefing in a series focusing on religious liberty in the participating states of the Organization for Security and Cooperation in Europe. This particular discussion was intended to evaluate the relationship between state churches or traditional religious and freedom of religion for minority faiths in the OSCE region through an analysis of the effects of certain historical legacies on individual states. Witnesses testifying at the briefing – including Father Kishkovsky, Ecumenical Officer of the Orthodox Church in America; Father George Papaioannou, Pastor of St. George Greek Orthodox Church; Gerard Powers, Foreign Policy Advisor for the U.S. Catholic Conference; Lauren Homer, Founder of Law and Liberty Trust; and Lee Boothby, Vice President of the Council on Religious Freedom – focused on the issue of minority and majority in society as it relates to religion and the potential for this issue to result in conflict. The historical origins of these tensions, especially in Eastern Europe, were particularly emphasized.
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briefing
Religious Liberty in the OSCE: Present and Future
Wednesday, September 27, 1995Speaking on behalf of Congressman Christopher H. Smith and Senator Alfonse M. D’Amato, chairman and co-chairman of the Helsinki Committee, the Committee’s Director for International Policy, Samuel G. Wise, addressed the improvements made by the countries of the OSCE in religious liberty since the demise of communism. Observed deficits in this particular subject were also evaluated, including acts of OSCE governments perpetrating religious intolerance and discrimination against people of faith by passing laws favoring certain religions, turning a blind eye to harassment, and establishing bureaucratic roadblocks to prevent religious minorities from practicing their faith. Each panelist – including Dr. Paul Marshall, Senior Fellow of Political Theory for the Institute for Christian Studies; Dr. Khalid Duran, Senior Fellow for the Institute for International Studies; and Micah Naftalin, National Director for the Union of Councils for Soviet Jews – spoke to the overall factors affecting religious freedom in the OSCE, including: respect for other freedoms such as freedom of speech and religion, ethno-cultural tensions, and the relevance of old prejudices. These ideas were presented in the context of moving towards a more comprehensive respect for religious freedom among OSCE member states in the future.
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briefing
Trade and Investment in Central Europe and the NIS
Monday, July 10, 1995This briefing was the tenth in a series of briefings covering topics such as U.S. assistance to Central and East Europe and the NIS, and free trade unions. Topics of discussion included the economic aspects of efforts to develop institutional networks between the Central and Eastern European countries and the OSCE and the Western European multilateral structures and the progress that has been made by countries in developing association agreements with the European Union. Witnesses testifying at this briefing – including Harriet Craig Peterson, President of Cornerstone International Group and Thomas Price, Coordinator for OSCE Affairs for the State Department – evaluated regional issues associated with infrastructure, environment, energy, and border procedures that needed to be addressed to produce a smoother flow of goods from an economic perspective.
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hearing
Chechnya
Monday, May 01, 1995This hearing focused on the subject of the crisis in Chechnya. It was the third Helsinki Commission hearing on the disastrous policy hatched in Moscow to resolve by armed force the problem of relations between the government of the Russian Federation and Chechnya.
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hearing
Genocide in Bosnia
Tuesday, April 04, 1995This hearing focused on determinig if the recent ethnic cleansing, the destruction of cultural sites, and war crimes and crimes against humanity in Bosnia and the former Yugoslavia constituted genocide. In particular, the witnesses and Commissioners discussed how many of the war crimes were committed on orders from the military and the political leadership.
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briefing
U.S. Assistance to Central and Eastern Europe and the NIS: An Assessment
Friday, February 17, 1995This briefing discussed the successes achieved and the difficulties encountered on the road to democratic reform and stabilization are reflected throughout Central and Eastern Europe, and evaluated the impact of these factors in the scope and tenor of U.S. assistance programs. Such programs involve assistance to countries throughout the region in democratic institution building, market reform and restructuring, health care improvement, energy efficiency, environmental policy, and housing sector reform. Witnesses testifying at this briefing addressed the relevance of the crisis in Chechnya, continued conflict in the Balkans, and tensions in various parts of East-Central Europe to United States Interests in the region. They focused on the goals of U.S. assistance to the NIS and East-Central Europe and the effectiveness of current programs in furthering those goals.
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hearing
The Crisis of Chechnya
Thursday, January 19, 1995Apart from horrendous human rights violations, the war in Chechnya has brought to the fore all the underlying fissures in Russia’s political and economic structures, as well as highlighted the tensions in Russia’s relations with its neighbors and the rest of the international community. Chechnya confronts Russia’s Government, and by extension, all OSCE governments with the key issue of self-determination. Though Principle VIII of the Helsinki Final Act guarantees the equal right of all peoples to self-determination, the international community has never worked out rules and mechanisms for pursuing that right. Since many countries face actual or potential separatist movements based on demands for self-determination, governments have tended to side-step the issue.
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hearing
The Crisis in Chechnya
Sunday, January 01, 1995This hearing discussed the human right violations conducted by the Russian government against the civilians of the Chechen Republic. The horrendous human rights violations, the war in Chechnya brought to the fore all the underlying fissures in Russia’s political and economic structures, as well as highlighted the tensions in Russia’s relations with its neighbors and the rest of the international community. Chechnya confronted Russia’s Government, and by extension, all OSCE governments with the key issue of self-determination. Though Principle VIII of the Helsinki Final Act guarantees the equal right of all peoples to self-determination, the international community has never worked out rules and mechanisms for pursuing that right. Since many countries face actual or potential separatist movements based on demands for self-determination, governments have tended to side-step the issue.
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hearing
Electoral Reforms in Russia
Friday, December 09, 1994John Finerty from the Commission was joined by Richard Soudrette, representative of the International Federation for Electoral Systems, in leading a discussion on the possibility of reforming Russia’s electoral system. Soudrette focused on the changes that were seen since the previous year’s parliamentary elections and future prospects for change. Panelists - Catherine Barnes, Robert Dahl, Terry Holcomb, Connie McCormack, and Richard Soudrette – spoke of their individual experiences with the Russian electoral system. The highlighted the successes of the International Federation of Electoral Systems programs in Russia, which focused on legal and institutional reform.
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publication
U.S. HELSINKI COMMISSION DELEGATION TO BOSNIA-HERZEGOVINA
Wednesday, October 26, 1994The Commission delegation travelled to the Bosnian capital of Sarajevo to assess the situation in Bosnia-Herzegovina as the third winter of the conflict in that country approached. Specifically, the delegation was interested in local observations of the prospects for peace, international policies to enhance those prospects quickly and effectively, and the continuing humanitarian crisis that continues in the meantime. These objectives were part of a larger Commission effort to document the tragic events which had transpired in Bosnia-Herzegovina and other parts of the former Yugoslavia since that federation began its violent disintegration, and to raise public awareness of the severe violations of CSCE principles and provisions that resulted. Following its visit to Sarajevo, the Commission delegation travelled to Albania at the invitation of President Sali Berisha. The visit offered the opportunity for the Commission to observe firsthand the vast changes which had taken place in Albania since the elections of 1992, which ousted the communists from power after nearly 50 years of ruthless repression and isolation. It also was intended to show support for Albania during a time of crisis and conflict in the Balkans and, at the same time, to encourage Albania to make continued progress and avoid making mistakes which could damage Albania's image abroad. During the last stop on the trip, the delegation visited Turkey to examine issues of mutual concern to the United States and Turkey, including human rights issues, the Kurdish situation, conflict in the Balkans and the Middle East peace process.
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briefing
Nagorno-Karabakh
Friday, July 29, 1994In this briefing, which CSCE Staff Director Samuel G. Wise chaired, the focus was on the conflict that had then recently transpired between the countries of Armenia and Azerbaijan. More specifically, the two countries had had a territorial dispute regarding the area of Nagorno-Karabakh. This dispute had manifested itself into all-out violence that had claimed around 15 million lives at the time of the briefing, as well as creating well over a million refugees. The briefing was the fifth in a series of briefings and hearings that the Helsinki Commission had held since 1988 regarding Nagorno-Karabakh. Fortunately, also at the time of this briefing, there had been very few armed clashes for a couple of months, and the warring factions had observed an informal cease fire. Actually, just three days prior to the briefing, the Defense Ministers of Armenia, Azerbaijan, and Nagorno-Karabakh jointly noted the success of the cease fire and looked forward to a more comprehensive resolution of the conflict. With this decrease in violence, attention had shifted to the international diplomatic plane. The CSCE and the Russians had put forward at least somewhat similar cease fire plans, albeit with competition for adherence. The ultimate end of both approaches was a broader agreement about the status of Nagorno-Karabakh and making peace in the region. The purpose of the briefing, then, was to discuss the possible framework of a political settlement.
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briefing
Crime and Corruption in Russia
Friday, June 10, 1994The rationale of this briefing, which Commission Staff Director Sam Wise presided over, was that of a marked increase of crime in Russia. At the time of this briefing, crime had become the dominant subject in Russian politics. Unsurprisingly, the extent of crime in Russia had significant implications for its society, specifically for hte viability of the state. In fact, President Yeltsin had called crime the Russian state’s gravest threat. A question that Wise brought up in the briefing was the possibility of criminals taking over the Russian Federation’s government. Another possibility that Wise mentioned was election of authoritarian, repressive leaders who would make Russia safe. Witnesses in the briefing included Dr. Louise Shelly of American University’s Department of Justice, Law and Society, and Stephen Handelman, Associate Fellow at the Harriman Center of Columbia University.
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briefing
Doing Business in Russia and the NIS: Opportunities and Obstacles
Friday, June 03, 1994Jane Fisher, Deputy Staff Director of the Helsinki Commission, presided this briefing focused on trade and doing business in the Newly Indipendent States of the former Soviet Union. It was the third in a series of briefings by the Commission on NIS. The Helsinki Accords cover human rights, security, and economic cooperation, and when the countries of the former Soviet Union were making the transition to democracy, the Commission put a greater emphasis on trade and economic cooperation. Russia and the Newly Independent States had a great potential market. They had enormous natural resources, large consumer markets, and a huge potential for trade and investments. Ms. Fisher was joined by a distinguished panel of experts who have been directly involved in business development in the formet Soviet Union: Dr. Richard Rahn, President and Chief executive officer of Novecon; Edward Chow, Director of International Affairs for Chevron Overseas Petroleum; and Joseph Barker, Vice Presidentof Ryland Trading. They described their experiences and shared their views on the opportunities and hazards of doing business in Russia and the NIS.
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hearing
Russia and its Neighbors
Tuesday, May 24, 1994Dennis Deconcini (D-AZ) and other legislators discussed Russia’s relations with its neighboring countries. More specifically, concerning democratic reform, the hearing contrasted the economic criteria of privatization, the rate of inflation, currency emission, and subsidies to enterprises with Moscow’s policies vis-à-vis its neighbors. Of course, Russia’s neighbors are referred to as the New Independent States, and, as Deconcini argues, it is problematic when Russia militarily or economically coerces its neighbors to enter into unwanted, yet inevitable, political, security, or economic relationships.
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briefing
Russia and NATO: Moscow’s Foreign Policy and the Partnership for Peace
Friday, May 06, 1994This briefing examined what role Russia would play in the Partnership for Peace and NATO. It also looks at human rights concerns as well as military, security, and economic relations bewteen Russia and the West. Several complexities of this situation in the context of the post-communist period were addressed. Witnesses testifying at the briefing – including Lawrence DiRita, Deputy Director of Foreign and Defense Policy for the Heritage Foundation and Dr. Phillip Petersen, Principle Researcher for the Potomac Foundation – evaluated the Partnership for Peace Framework, which worked towards establishing partnerships with a number of European country, including those of the former Soviet Union. The role of Russian policy in this partnership was an especially debated topic.
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briefing
CSCE to Examine Repression against Evangelicals in Former Soviet Union
Wednesday, February 16, 1994Chris Smith, ranking Republican on the Commission on Security and Cooperation in Europe, addressed both the opportunities for democratic, economic, and social reforms in Eastern Europe and the former Soviet Union, and the difficulties of achieving these reforms presented by renewed tensions based on nationality and religion. The rise of extreme nationalism was cited as a key factor in the rise of religious intolerance in this region. Witnesses testifying at the briefing – including Boris Pechatkin and Edward Zawistowski of the Russian-American Institute for Adaption, and Lauren Homer, Director of Law and Liberty Trust – addressed the difficulties that have been encountered in ending religious prosecution following the fall of the Soviet Union. The impact of a breakdown of law and order in the countries of Eastern Europe was evaluated as a mechanism for religious injustice.
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publication
Russia's Parliamentary Election and Constitutional Referendum
Wednesday, December 01, 1993This report is based on a Helsinki Commission staff delegation to Russia to observe the December 12, 1993 parliamentary election and constitutional referendum. Because of the importance of the event, and because charges had been leveled of improprieties and unfair access to the media, the Commission sent five staff members to Russia to observe the process for a period of more than two weeks. Michael Ochs and Orest Deychak went to Russia two weeks before the voting to monitor the pre-election campaign. The Commission's Senior Advisor, David Evans, and staff members John Finerty and Heather Hurlburt, arrived subsequently and remained through December 12, when they monitored balloting in various cities and regions. Despite a number of problems and irregularities, both during the campaign and the voting, the Helsinki Commission believes that the Russian voters were able to express their political will freely and fairly. The Russians have made genuine progress in bringing their electoral procedures into conformity with international standards, and the election itself represents a significant step in the ongoing process of democratization in Russia.
Mr. COHEN. Madam Speaker, today we remember and honor Sergei Magnitsky, the Russian tax lawyer who in 2008 uncovered a massive fraud scheme of hundreds of millions of dollars perpetrated by law enforcement officers. In any normal situation, Mr. Magnitsky would have been praised for his efforts. But this was Putin's Russia, and he was arrested by the very people whose nefarious dealings he exposed. The conditions Mr. Magnitsky faced in prison for almost a year were inhumane, and on November 16, 2009, already weakened and seriously ill, he did not survive the beatings he received from prison guards.
Twelve years later, Putin still controls Russia. Throughout the country, hundreds of prisoners of conscience languish behind bars because of their political opinions, their activism, and even their religious beliefs.
Thanks to Sergei Magnitsky's determination to stand up for what is right in the face of overwhelming state power, the laws that bear his name ensure they will not be forgotten. His story is the story of many others--not only in Russia, but worldwide. Exposing human rights abuses and corruption carries many risks in many countries. Yet there are many brave people who continue to reveal the truth.
The Magnitsky Act has become a living memorial to Sergei Magnitsky's bravery. We in Congress originally passed this legislation to sanction those involved in the death of Mr. Magnitsky. Since then, we have expanded it to cover the world's worst human rights abusers. What began here has spread internationally as the United Kingdom, the European Union, and Canada have all adopted their own Magnitsky sanctions. Many others, such as Japan, Australia, and Taiwan, are considering their own legislation.
Magnitsky sanctions have completely changed the nature of the fight for human rights and against corruption. They not only protect our own system against abuse but also provide a measure of justice to those denied it abroad. We will keep encouraging our democratic allies to adopt similar sanctions so that one day there will be no safe haven left for kleptocrats and their blood money.
Finding justice for Sergei Magnitsky in Putin's Russia seems more impossible with each passing year. However, we have not forgotten his tragic story and we will never stop calling for accountability for those who imprisoned him and ultimately killed him; those who enabled corruption and abetted murder. We are determined to not let his memory fade. Instead, he will serve as an indelible reminder of all those who suffer under corrupt regimes.