Riding Roughshod Over Rights in Belarus

Riding Roughshod Over Rights in Belarus

Hon.
Christopher H. Smith
United States
House of Representatives
109th Congress Congress
First Session Session
Tuesday, December 06, 2005

Mr. Speaker, as co-chairman of the Helsinki Commission and the sponsor of the Belarus Democracy Act, I remain deeply concerned about the violations of human rights occurring every day in Lukashenka's Belarus.

 

During a recent news conference, the autocratic Belarusian leader expressed confidence in his victory in the presidential election scheduled for next year, rhetorically asking why should he be rigging this election. Given his intensified assault on civil society, his dismal human rights record, and penchant for rigged elections, Mr. Lukashenka's statements ring hollow. Yet, Lukashenka's actions against democratic forces, non-governmental organizations and the independent media belie his stated confidence regarding electoral victory.

 

Last week, the lower chamber of Lukashenka's pocket parliament passed a law endorsing tougher new penalties for activities “directed against people and public security,” a proposal submitted to the parliament only days before passage. These changes to the Criminal Code increase penalties for participation in organizations that were liquidated or warned to stop their pro-democratic activities, or for the training and other preparations for unauthorized demonstrations or other civic actions.

 

Mr. Speaker, to cite just one of the draconian provisions, the Code now gives authorities the leeway to jail an individual for up to 2 years for “providing a foreign country, a foreign or international organization with patently false information about the political, economic, social, military, and international situation of the Republic of Belarus.” Putting aside the matter of such a provision violating free speech norms, if the past is any guide, it is clear who would be the arbiter of what constitutes “false information.” There can be no doubt that the law aims to stifle the democratic opposition, and the head of the KGB (yes, in Belarus it is still called the KGB) himself recently admitted that the reasons for the law is to discourage street protests during the upcoming presidential race.

 

This law, while particularly blatant, is part and parcel of other actions designed to strengthen the regime's control and deny the Belarusian people any alternative voices as the presidential election campaign unfolds. Last month, a new law further controlling political parties came into force. A recent Council of Ministers decree clamps down on organizations that conduct public opinion polls. A Lukashenka decree further discriminates against independent trade unions, stipulating that only trade unions belonging to the pro-governmental federation are granted the right to premises at no cost. Yet another decree considerably limits students' opportunities to travel abroad.

 

Meanwhile, opposition activists are routinely beaten up or detained. Just last week, for instance, Ales Kalita was detained and at the hands of the police suffered a dislocated arm for merely distributing the independent newspaper “Narodna Volya.” Viktor Syritsya, a lecturer at Baranavichi College was fired for organizing a meeting of students with presidential opposition candidate Alexander Milinkevich. Belarusian State Economic University in Minsk expelled fourth-year student Tatsyana Khoma because she took a brief trip to France, where she was elected to the executive committee of the Brussels-based National Unions of Students in Europe (ESIB), an umbrella organization of 44 national student unions from 34 countries. The police beat activist Mikita Sasim. They detained youth activists Yauhen Afnagel and others. Other repressive actions include frequent arrests of activists of democratic youth movements such as ZUBR, a ban on worship by some religious congregations and other repressive actions against selected religious minorities, and continued harassment of members of the Union of Poles in Belarus.

 

Moreover, there is an emerging pattern of the regime putting obstacles in the way of Mr. Milinkevich. Recently, a public meeting he held in Borbuisk was disrupted by the authorities, with participants being told by the authorities to go home and threatened with tax inspections. During a press conference, the electricity in the room was cut off, as well as a “hot-line” phone with town residents.

 

Especially egregious has been the regime's intensification of the war against the already repressed and struggling independent media. Newspaper closures, suspensions, threats, and exorbitant and absurd libel fines, pressures on advertisers and other forms of harassment have become routine. Outright police confiscations of independent newspapers are also not uncommon. A seemingly more subtle tactic, implemented just a few weeks ago, involved the decision by Belarus' monopoly state postal service to stop delivery to subscribers of a dozen private periodicals. Meanwhile, the suspicious murder in 2004 of journalist Veronika Charkasova has not been resolved. Authorities have refused to open a criminal investigation into journalist Vasil Hrodnikau's death. Lukashenka himself recently admitted to Russian journalists that his regime applies very serious pressure on the media, somewhat incongruously adding that ``this does not mean I am crushing them.''

 

Mr. Speaker, what I have cited is by no means an exhaustive list of abuses perpetrated by the Lukashenka regime, merely a sampling of the types of repressive actions employed on a daily basis by Europe's last dictator. As Helsinki Commission Co-Chair, I will continue to monitor closely and speak out forcefully regarding these and other violations of Belarus' freely undertaken OSCE commitments. I urge the Bush Administration to step up efforts to break the Lukashenka regime's near monopoly over the country's information space and provide timely assistance to pro-democracy forces in Belarus.

 

It is clear that Mr. Lukashenka and his minions are laying the groundwork for yet another un-free and unfair election--similar to the 2001 presidential elections and the 2000 and 2004 parliamentary elections--that will fall far short of OSCE standards. Lukashenka is once again showing that, despite his confident rhetoric, he fears his own people and profoundly fails to respect their dignity as citizens and as human beings.

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    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: POWER AND POLITICS Implications of Ukraine’s Presidential Elections Thursday, May 9, 2019 2:00 p.m. Rayburn House Office Building Room 2200 Live Webcast: www.facebook.com/HelsinkiCommission At this Helsinki Commission briefing, panelists will explore the state of institutional resilience and political context for the election of Volodymyr Zelenskiy as Ukraine’s next president on April 21, 2019.  This briefing will explore implications for transatlantic engagement and opportunities for reforms on issues related to the rule of law, media freedom, and corruption. The following panelists are scheduled to participate: Dr. Michael Carpenter, Senior Director, Penn Biden Center for Diplomacy and Global Engagement Natalie Sedletska, Journalist and Host, Radio Free Europe/Radio Liberty Ukrainian Service Additional panelists may be added.

  • Hastings and Wicker Mark World Press Freedom Day

    WASHINGTON—On World Press Freedom Day, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following joint statement: “On World Press Freedom Day, we reflect on the importance of the free media to the strength of our own democracy and to the cause of freedom worldwide. Freedom of speech is a fundamental right we cannot take for granted. If we do, we weaken our ability to fight corruption, speak truth to power, and defend the disadvantaged and oppressed. “Throughout the OSCE region, journalists working in conflict zones or under authoritarian regimes regularly risk their freedom and their lives to show the world the truth. They persist in the face of intimidation, arrest, and even the threat of physical violence. We honor their work and pledge to protect journalists around the globe, to support independent journalism, and to foster transparency on the part of our government and governments worldwide.”

  • Hastings, Wicker, and Moore Mark the Anniversary of Joseph Stone’s Death In Ukraine

    WASHINGTON—On the two-year anniversary of the death of Joseph Stone, a U.S. paramedic serving with the OSCE Special Monitoring Mission (SMM) in Ukraine, Helsinki Commission Chairman Alcee L. Hastings (FL-20) recalled Stone’s tragic death in the Russia-driven conflict and underlined that agreements to end the use of mines in the conflict must be respected.  Stone was killed on April 23, 2017, when his vehicle struck a landmine in Russian-controlled territory in eastern Ukraine. “We honor the ultimate price paid by Joseph Stone, an American who served the innocent civilians suffering from the senseless conflict Moscow has perpetuated in Ukraine,” said Chairman Hastings. “Men, women, and children near the contact line remain steps from oblivion wrought by the indiscriminate cruelty of landmines. This human cost of the Kremlin’s ambition is unacceptable.” Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) called on the Russian Government to end the cycle of violence that resulted in Stone’s death.   “Instead of continuing to fuel this war, Vladimir Putin and his proxies should live up to their promises under the Minsk Agreements and the Helsinki Accords and get out of Ukraine—including Crimea,” said Sen. Wicker. “The second anniversary of Joseph Stone’s death is a tragic reminder that Russia has not met its commitments on clearing areas of explosive remnants of war and preventing new mines from being laid in eastern Ukraine.” Rep. Gwen Moore (WI-04) praised Stone’s courage and criticized the pressure put on international monitors. “Joseph Stone, who was born in my district in Milwaukee, gave his life to help the world know the truth about the war in eastern Ukraine. OSCE monitors voluntarily put themselves at risk to document the day-to-day tragedies of a conflict that has killed thousands and affected millions more,” said Rep. Moore. “They do this important work despite facing severe threats of violence; these threats, including the laying of landmines such as the one that killed Joseph and continue to kill and maim innocents—must end.”  Eastern Ukraine is among the most heavily-mined regions in the world. According to Alexander Hug, former Principal Deputy Chief Monitor of the OSCE Special Monitoring Mission to Ukraine, mines and unexploded ordnance are the No. 2 cause of casualties in the war in Ukraine. Anti-vehicle mines are responsible for more deaths in the Donbas than anywhere else in the world.​ In the last year alone, at least 70 people—including 18 children—have been killed or injured by mines or unexploded ordinance in eastern Ukraine. The SMM was established in 2014 to monitor implementation of the Minsk agreements, which were designed to bring peace to eastern Ukraine. It is an unarmed, civilian mission that serves as the international community’s eyes and ears in the conflict zone. It is the only independent monitoring mission in the war zone. The SMM operates under a mandate adopted by consensus among the 57 OSCE participating States, including the United States, Russia, and Ukraine. It currently fields roughly 800 monitors, nearly 600 of whom are in the Donetsk and Luhansk regions. The United States supports the SMM by providing 57 monitors (the largest contingent) and has contributed over $100 million to the mission since its inception.

  • First Person: #UkraineElections2019

    By Rachel Bauman, Policy Advisor and Kyle Parker, Senior Senate Staff Representative   Bright morning sunlight streamed through the windows of School No. 119 in Odesa as the first ballot was cast for the March 31 presidential election in Ukraine. We, along with our third team member, a Danish parliamentarian, had arrived an hour earlier to watch as a stern but amiable middle-aged woman—who seemed especially proud to speak Ukrainian to her Russian-speaking electoral commission colleagues—instructed them on proper procedure for the day. The ballot boxes must be sealed properly, privacy in the voting booths maintained, proper identification verified, and voter lists checked and double checked. Coffee, tea, and small talk were in good supply to combat the grogginess of a morning made even earlier by the switch to daylight savings time shortly after midnight on election day. This election, with 39 candidates vying for the presidency, required the longest ballot in Ukraine’s history at 80 centimeters (more than two and a half feet) long. Not only did this present a printing challenge, but we saw numerous voters seeming to wonder just how many folds would be needed to easily deposit their ballot through the narrow slot and preserve the secrecy of their selection. Ukraine’s election law is surprisingly strict in this regard and imposes criminal penalties on voters who deliberately reveal their selections, whether by showing someone personally, taking a picture of their ballot, or bringing someone else into the voting booth with them. Notably, we observed no incidence of anyone deliberately violating ballot secrecy. We were among over a thousand foreign observers of the election invited by the Government of Ukraine, consistent with its OSCE commitments. We joined approximately 100,000 domestic observers to inspect the nearly 30,000 electoral precincts across the country—excluding parts of the Donbas and Crimea, due to the ongoing war and Russia’s illegal occupation, respectively. All of the domestic observers that we encountered were observing on behalf of an individual candidate, usually for Yuriy Boyko, Petro Poroshenko, or Yulia Tymoshenko. We did not encounter any of the foreign and domestic NGOs also observing the election. Throughout the day, we traveled to numerous polling stations, spending almost an hour at each, to watch for irregularities or violations of election law. Most electoral commissioners went out of their way to proudly display what was an organized and transparent electoral system. All afforded us full access to every part of the voting process. A few commissioners even seemed flattered to host foreign observers from the OSCE, an acronym well known in Ukraine for the prominent role the OSCE has played in assessing previous elections, including those that led to the Orange Revolution in 2004 and that served to ratify the dramatic change of government in 2014. In any election observation, the most critical part of election day is the counting of ballots after the polls have closed and unused ballots have been checked against the total numbers of ballots issued and votes cast. With these procedures scrupulously followed, the chairwoman at the precinct where we were assigned gave the okay to open the ballot boxes and tally the votes. By that time, the sun had set and the flickering fluorescent lighting in the school hallway where the voting took place was so dim and distracting that everyone—commissioners, observers, and the school’s custodial staff—moved tables, chairs, and the sealed ballot boxes to a better lit atrium so a proper count could proceed. One by one, a grinning commissioner (we later discovered he was candidate Volodymyr Zelenskiy ’s representative on the commission) cut the plastic seals on each box and, with pomp, dumped their contents onto a table surrounded by other commissioners eager to see who won and to finish the work they had begun before sunrise, some 18 hours earlier. First, the control sheet deposited in each box before the polls opened was located and set aside. Then, the chairwoman divided the candidates among commissioners so they could begin to stack ballots as they were unfolded and inspected. On a few occasions, a voter’s selection was unclear and so the ballot was presented to the entire commission for scrutiny, followed by a vote on how and whether to record the ambiguous ballot. Many of the 39 candidates on the ballot received no votes and there was often a wisecrack and laughter when any of these candidates received a vote, or even two! Despite the daunting fullness of the ballot boxes, due in part to the physical size of the ballot, the count proceeded apace with only a couple instances of needing to recount a candidate’s stack of votes to reconcile the final numbers needed for the formal protocol. This document would soon be posted outside the precinct for public inspection and sent up the chain to be included in the national tally. Security throughout the count was so strict that an ailing observer was nearly prohibited from leaving the precinct while the count was underway. After seeking the approval of the commission chairwoman, police finally unlocked the doors and allowed the observer to depart. These rules, as explained to us, were in place to prohibit any ballots from being brought into or out of the precinct. Based on the increasing grumblings of commissioners as night turned to early morning, this prohibition on leaving seemed to motivate commissioners to stay focused on their duties lest they risk witnessing another sunrise at their polling station. The OSCE’s post-election preliminary statement corresponded to our observation of a smooth, even festive in some cases, electoral process that complied with Ukraine’s domestic laws and fulfilled the country’s international commitments. Given the frequent opportunities Ukraine has had to exercise its democratic muscle in recent years, few on the international observation mission led by the OSCE expected anything but the free and fair process we witnessed. As the gold standard of international election observation, the OSCE’s recommendations over many electoral cycles have helped Ukrainian officials to improve the conduct of their elections. Further, praise from the OSCE following election day is powerful validation of the process in the eyes of Ukraine’s voters and gives other states a democratic model to emulate. No sooner had the election ended than the hundreds of thousands of electoral commissioners overseeing Ukraine’s nearly 30,000 local electoral precincts started to prepare for the presidential runoff election on April 21—this time with just two names on the ballot and a decisive outcome. These commissioners are the unsung heroes of a maturing democracy that is simultaneously at war in the East and on an irreversible path to the West. At least they will get a proper break before having to, once again, regroup and oversee Ukraine’s parliamentary elections expected to take place in the fall of this year.

  • Helsinki Commission Marks Fifth Anniversary of Illegal Referendum In Crimea

    WASHINGTON—Ahead of the fifth anniversary of the illegal Russian-organized referendum in Crimea, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Five years ago, the Government of Russia tried to legitimize its illegal occupation of Crimea by organizing a fake referendum in Ukrainian territory.  By orchestrating this so-called vote, the Kremlin blatantly flouted international law. By definition, citizens living under armed occupation lack the freedom to determine their collective destiny.  “This tragic anniversary also reminds us of the suffering this occupation continues to inflict on innocent Ukrainian citizens who have been forced to flee Crimea, as well as on those who remain behind. Ethnic minorities such as Crimean Tatars and activists who object to the illegal Russian occupation, including Oleg Sentsov, are targets of persecution and violence by the Government of Russia. “We will not forget; Crimea is Ukraine.”  Russian forces first invaded Crimea in February 2014. Since then, the Helsinki Commission has hosted numerous hearings and briefings on the war in Ukraine, including an April 2014 hearing with then-Assistant Secretary of State Victoria Nuland; December 2015 and November 2016 briefings on human rights violations in Russian-occupied Crimea; an April 2017 briefing on Oleg Sentsov and Russia's human rights violations against Ukrainian citizens; a May 2017 hearing on the growing Russian military threat in Europe; and briefings with Alexander Hug, then-Principal Deputy Chief Monitor of the OSCE Special Monitoring Mission to Ukraine, and Kurt Volker, U.S. Special Representative for Ukraine Negotiations.

  • Chairman Hastings Welcomes Release of Country Reports on Human Rights

    WASHINGTON—Following yesterday’s release by the State Department of the Country Reports on Human Rights Practices for 2018, Helsinki Commission Chair Rep. Alcee L. Hastings (FL-20) issued the following statement: “I welcome the release of this year’s Country Reports on Human Rights Practices. These reports, mandated by law and prepared by the Department of State, exemplify Congress’ intent to keep human rights front and center in U.S. foreign policy. As members of Congress consider foreign assistance and military aid, as we build alliances and take the measure of our foes,  these reports help ensure that democracy and fundamental freedoms are given full consideration.” The annual Country Reports on Human Rights Practices cover internationally recognized individual, civil, political, and worker rights, as set forth in the Universal Declaration of Human Rights and other international agreements. The State Department must submit these reports to Congress on an annual basis, in accordance with the Foreign Assistance Act of 1961 and the Trade Act of 1974, which require that U.S. foreign and trade policy take into account countries’ performance in the areas of human rights and workers’ rights.

  • Remembering Boris Nemtsov

    Madam President, on Sunday, February 24, thousands of people marched in Moscow and in cities across Russia to remember Boris Nemtsov, a Russian statesman and friend of freedom who was gunned down in sight of the Kremlin walls 4 years ago. These people were honoring a Russian patriot who stood for a better future--a man who, after leaving the pinnacle of government, chose a courageous path of service to his country and his fellow Russians. Boris Nemtsov was a man who walked the walk. When others were silent out of fear or complicity, he stood up for a future in which the Russian people need not risk jail or worse for simply wanting a say in how their country is run. Sadly, since Mr. Nemtsov's assassination, the risks of standing up for what is right have grown in Russia. With every passing month, ordinary citizens there become political prisoners for doing what we take for granted here in the United States--associating with a political cause or worshipping God according to the dictates of one's conscience. Last month alone, in a high-profile case, a mother was jailed for the crime of being a political activist in Russia. She was kept from caring for her critically ill daughter until just hours before her daughter died. Jehovah's Witnesses have been sentenced to years behind bars for practicing their faith. Also, a leader of a small anti-corruption organization was beaten to death with metal rods on the outskirts of Moscow. This was all just in February, and it is not even a comprehensive account of the Russian state's using its powers not against real enemies but against its own people--peaceful citizens doing what peaceful citizens do. As for the Nemtsov assassination, 4 years later, justice has yet to be served. It appears that President Putin and his cronies have little interest in uncovering and punishing the masterminds behind Russia's highest profile killing in recent memory. While a few perpetrators who had been linked to the Kremlin-appointed leader of Chechnya, Ramzan Kadyrov, were convicted and sent to prison, Mr. Nemtsov's family, friends, and legal team believe the organizers of his murder remain unidentified and at large. I understand that Russia's top investigative official has prevented his subordinates from indicting a close Kadyrov associate, Major Ruslan Geremeyev, as an organizer in the assassination, and the information linking Geremeyev to Mr. Nemtsov's murder was credible enough for a NATO ally to place Geremeyev on its sanctions list. Yet there has still been no indictment. Russian security services continue to forbid the release of footage from cameras at the site of the assassination. Russian legal authorities refuse to classify the assassination of a prominent opposition leader and former First Deputy Prime Minister as a political crime. Despite all of this, they have declared the case solved. Given this pattern of deliberate inaction on the part of Russian authorities, the need for some accountability outside of Russia has grown more urgent. Russia and the United States are participating States in the Organization for Security and Cooperation in Europe, or the OSCE, and have agreed that matters of justice and human rights are of enough importance to be of legitimate interest to other member states. Respect for these principles inside a country is often a predictor of the country's external behavior. So countries such as ours have a reason to be involved. At the recent meeting of the OSCE's Parliamentary Assembly, we began a formal inquiry into Mr. Nemtsov's unsolved murder and have appointed a rapporteur to review and report on the circumstances of the Nemtsov assassination as well as on the progress of the Russian investigation. As the chair of the U.S. delegation to the OSCE Parliamentary Assembly, I supported this process from its conception at an event I cohosted last July in Berlin. Yet, as the United States of America, there is more we can do. To that end, I am glad to cosponsor a resolution with my Senate colleagues that calls on our own government to report back to Congress on what we know of the circumstances around Boris Nemtsov's murder. This resolution also calls on the Treasury Department to use tools like the Magnitsky Act to sanction individuals who have been linked to this brutal murder, such as Ruslan Geremeyev. We hear constantly from Russian opposition figures and civic activists that personal sanctions, such as those imposed by the Magnitsky Act, have a deterrent effect. Vladimir Putin has made it abundantly clear that these sanctions, based on personal accountability, are more of a threat to his regime than blunter tools, such as sectoral sanctions, that often feed his propaganda and end up harming the same people we are trying to help in Russia—innocent citizens. To its credit, the Trump administration has done a better job than had the previous administration in its implementing of the new mandates and powers Congress authorized in both the Russia and Global Magnitsky Acts. We are in a much different place than we were when these tools were originally envisaged nearly 10 years ago. The administration is mandated to update the Magnitsky Act's list annually, with there being a deadline in December that sometimes slips into January. Now it is already March, and we have yet to see any new designations under the law that the late Mr. Nemtsov himself called the most pro-Russian law ever adopted in a foreign legislature. While the law has been lauded by Russian democrats, it is rightly despised by those like Vladimir Putin who abuse and steal from the American people. Recall that it was at the Helsinki summit late last summer between the leaders of Russia and the United States of America—perhaps the grandest stage in U.S.-Russian relations in a decade—where Mr. Putin himself requested that his investigators be able to depose U.S. officials most closely associated with passing and implementing the Magnitsky law, as if they were criminals. We need to show the Russian dictator that this sort of bullying will not stand and that we will continue to implement the Magnitsky Act thoroughly and fairly. A year ago, I participated—along with many of my colleagues in the House and Senate—in the unveiling of Boris Nemtsov Plaza in front of the Russian Embassy here in Washington, DC—the first official memorial to Boris Nemtsov anywhere in the world. One day, I hope there will be memorials to Boris Nemtsov all across Russia, but the best tribute to his memory will be a Russia he wanted to see, a just and prosperous Russia, at peace with its neighbors and a partner with the United States. I yield the floor.

  • Chairman Hastings Marks One-Year Anniversary of Jan Kuciak’s Murder

    WASHINGTON—On the one-year anniversary of the murder of Slovak investigative journalist Jan Kuciak and his fiancée, Martina Kusnirova, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) issued the following statement: “I support and applaud the people of Slovakia who have courageously demonstrated their unwavering support for democracy in the aftermath of this terrible double murder. They have been a stirring example to those citizens across the OSCE region who are fighting to protect a free and independent press. “Whenever journalists are murdered or attacked, there must be a credible investigation and meaningful accountability.  The ability of journalists to report the news is nothing less than the right of every person to know the facts and make informed decisions about the issues affecting their lives.” On February 21, 2018, 27-year-old Jan Kuciak and his fiancée, Martina Kusnirova, were shot to death in Kuciak’s apartment.  The murder shocked the country and sparked the largest public protests since the 1989 Velvet Revolution. The wave of demonstrations eventually led the Prime Minister, Minister of Interior, and other senior officials to resign.  Four people have been arrested in direct connection with the case and the investigation is ongoing.  In 2017 and 2018, several other journalists investigating public corruption in Europe and Eurasia were murdered for their work. In a May 2018 briefing, the Helsinki Commission examined the assassinations of investigative journalists throughout Europe and Eurasia—including Kuciak and Daphne Caruana Galizia of Malta—why they are targeted, and how future murders can be prevented. At the most recent OSCE Ministerial Council meeting, in December 2018, the participating States expressed particular concern about the climate of impunity that prevails when violent attacks committed against journalists remain unpunished.   

  • Asset Recovery in Eurasia

    Asset recovery—the process of repatriating funds previously stolen by corrupt officials—remains one of the most contentious points in the fight against transnational corruption. Though only a small percentage of stolen funds are ever recovered, major questions exist about the best ways to ensure that repatriated funds don’t simply reenter the same patronage cycle from which they came. This briefing explored approaches to repatriation in Armenia, Ukraine, and Kazakhstan. Panelists discussed best practices and challenges in asset recovery as well as appropriate policy responses, both by the state in question and the international community, and compared the respective approaches of the three countries. Brian Earl, who worked the Pavlo Lazarenko case for years as a detective in the FBI, spoke of uncovering massive amounts of unexplained assets that were initially generated by fraudulent schemes in Ukraine but were scattered abroad. Earl underscored the importance of a multiparty investigation between authorities from the United States, Ukraine, and Switzerland in unearthing evidence of fraud against Lazarenko. Joint investigative liberty and resources were crucial to asset recovery efforts in the 1990s—resources he said were drastically reduced once attention was turned away from investigating capital flight from former Soviet states to antiterrorism efforts after the September 11 attacks. Professor Kristian Lasslet of Ulster University asked the question of what to do with restituted assets when the government to which the asset belongs may be part of the corruption scheme. Lasslet cited the example of Kazakhstan Two, in which seized assets flowed back into questionable hands by bungled efforts from the World Bank and the Swiss government. He contrasted the case with Kazakhstan One, in which asset recovery was handled well at arm’s length of parties that may be interested in funneling assets back into the cycle of fraud. Sona Ayvazyan of Transparency International Armenia offered optimism in the Armenian government’s renewed approach toward transparency and anticorruption efforts but warned of the serious lack of capacity on asset recovery infrastructure. Though the leadership may be serious about removing corruption, she spoke of a discredited judiciary that poses serious problems for Armenia’s future anticorruption policies. According to Karen Greenaway from the FBI (ret.), civil society and non-governmental societies must reassert their role in the conversation on asset recovery. She highlighted the severe lack in bureaucratic infrastructure for asset recovery in many nations afflicted with corruption—particularly Ukraine. The paradox, she asserted, was between the structure of corruption, which is designed to dissipate large quantities of money very rapidly, and the system to repatriate those assets, which is painfully slow and often lacking in resources.  

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