Chairman Cardin Calls for Release of Osman Kavala, Welcomes Council of Europe Infringement Proceedings Against TurkeyFriday, December 03, 2021
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.
Dictators, Inc.Monday, November 22, 2021
Many American and other western corporations invest heavily in authoritarian regimes, particularly Russia and China. Such companies often claim that, thanks to their involvement, democratic values like human rights and the rule of law will spill over into dictatorships and transform them from within. Instead, they provide autocrats with new opportunities to both repress rights at home and exert influence abroad. On November 22, 2021 the Commission on Security and Cooperation in Europe hosted a briefing examining the interplay between western business and dictators, particularly as it concerns human rights abuse. Panelists discussed the recent Russian elections, where Google and Apple censored content at the behest of the Putin regime; corporate censorship and other abuse on behalf of the Chinese Communist Party; and options for policy responses. Vladimir Milov, a Russian opposition politician and economist, discussed how American companies like Google and Apple could be coerced into succumbing to the Russian government’s censorship demands. He noted that the situation isn’t all bad: Google and Apple had resisted past censorship requests by the Russian government. However, the removal of an app created by Alexei Navalny’s organization to help coordinate protest votes in the 2021 Duma elections was problematic; there was nothing illegal about the content, and tech companies like Apple and Google removed them without communicating a legal explanation for doing so, Milov said. Milov suggested that first, companies should not give in to these types of demands by governments so as not to embolden them, and second, should make such communication with governments public to provide transparency. Matt Schrader, Advisor for China at the International Republican Institute, described how the Chinese Communist Party tries to influence other countries’ political systems by leveraging economic access. He pointed toward the People’s Republic of China’s use of its embassies abroad to form mutually beneficial relationships with businesses and wealthy individuals to influence political discourse and curry support for China. In the United States, for instance, this support can come in the form of lobbying against laws such as the Uyghur Human Rights Act, Schrader said. Another example, Schrader continued, is the film industry. China is a large market, and film companies are denied access to the Chinese market if they produce any films critical of China. Finally, Schrader pointed out the importance of the megaphone of celebrity in combating human rights violations. For example, efforts by U.S. tennis player Serena Williams and other athletes to raise awareness about missing Chinese tennis player Peng Shuai has led to serious discussion about moving the 2022 Beijing Winter Olympics, while the ongoing genocide of the Uyghurs in Xinjiang has not. Karen Sutter, Specialist in Asian Trade and Finance at the Congressional Research Service, focused on the Chinese government’s increased economic pressure on countries, organizations and individuals to conform to China. According to her, the line between the government’s use of its authority and its commercial interest has been blurred. This includes rulings on anti-trust, business licensing, and other matters. “China’s use of economic coercion to push through policy goals is intensifying,” Sutter said, adding that this coercion is not limited to individuals or companies operating in China, creating gaps in public awareness in third countries, and taking away the ability to have public, informed debates on issues related to China. Sutter elaborated on several tools the United States could use to respond to China, including examining Chinese tactics, acknowledging that China benefits from the U.S. interest in its market, and understanding how China uses measures and countermeasures that put American companies in the middle of disputes between the two governments. Sutter continued by explaining that this system of measures and countermeasures as well as the asymmetric access to the economy poses the greatest challenge. Asked whether there is any indication that China’s influence over American enterprises could position China for a military advantage, Sutter pointed toward the issue of dual-use technologies and technological transfer to the Chinese government itself. She questioned whether other countries would backfill such arrangements if the United States imposed restrictions, and then further asked if there was a good way to impose restraints on or consequences for malign Chinese behavior. Schrader added that China sees embeddedness in globalization as a source of power and seeks to position itself to benefit the most it can from technological and scientific innovation. On the question of companies like Apple or Google “decoupling” from Russia and China, Milov responded that these companies would reach a point at which it would no longer be worth it to operate in country. He suggested, however, that companies could operate in Russia without a physical presence and thus limit their exposure to coercion. Sutter added that decoupling is not limited to U.S. companies looking to leave China. Rather, Chinese industrial policy shows attempts towards becoming self-sufficient in the areas of aircraft, semiconductors, medical equipment, and other key areas. In the meantime, Sutter said to end her testimony, the United States and Europe could use the threat of decoupling as leverage. Related Information Panelist Biographies China’s Recent Trade Measures and Countermeasures: Issues for Congress
Remembering Sergei MagnitskyThursday, November 18, 2021
Madam President, 12 years ago this Tuesday, Russian tax lawyer Sergei Magnitsky died in Moscow at the hands of prison guards who, instead of treating him for the acute illness that his torturous, year-long detention provoked, beat him for over an hour. He was found dead in his cell shortly thereafter. His “crime” was exposing the largest tax fraud in Russian history, perpetrated by government officials. He was 37 years old and left a loving family and many friends. At the Helsinki Commission, which I chair, we had heard of Sergei’s plight months earlier and we were saddened and outraged that such a promising life had been cut short and that so few expected his murderers to be held to any account. Impunity for the murder of journalists, activists, opposition politicians, and now a simple, honest citizen was, and remains, a depressing cliché in Russia under Vladimir Putin’s rule while his regime often ruthlessly punishes people for minor infractions of the law. For those on the wrong side of the Kremlin, the message is clear — and chilling. Even the most damning evidence will not suffice to convict the guilty nor will the most exculpatory evidence spare the innocent. The need for justice, in Russia, in this specific case does not diminish with the passage of time. Moreover, the “doubling down” on the cover-up of Sergei’s murder and the massive tax heist he exposed implicates a wider swath of Russian officials with the guilt of this heinous crime. It does not need to be this way, however; nor is it ever too late for a reckoning in this case in the very courtrooms that hosted the show trials that ultimately led to Sergei’s death and the obscenity of his posthumous conviction. As somber as this occasion is, there is reason for hope. Vladimir Putin will not rule Russia forever and every passing day brings us closer to that moment when someone new will occupy his post. Who that person will be and whether this transition will usher in a government in Russia that respects the rights of its citizens and abides by its international commitments remains unclear. I hope it does. A Russian government that returns to the fold of responsible, constructive European powers would increase global security, enhance the prosperity of its own citizens and trading partners, and bring new vigor to tackling complex international challenges such as climate change. Sergei’s work lives on in his many colleagues and friends who are gathering in London this week to celebrate his life and to recognize others, like him, who seek justice and peace in their countries, often facing, and surmounting, seemingly impossible obstacles. All too often, they pay a heavy price for their courageous integrity. Sergei’s heroic legacy is exemplified in the global movement for justice sparked by his death, and in the raft of Magnitsky laws that began in this chamber and have now spread to over a dozen countries, including allies like Canada, the United Kingdom, and the European Union. Even as these laws help protect our countries from the corrupting taint of blood money and deny abusers the privilege of traveling to our shores, they also remind those who suffer human right abuses at the hands of their own governments that we have not forgotten them. Sergei Magnitsky is a reminder to all of us that one person can make a difference. In choosing the truth over lies, and sacrifice over comfort, Sergei made a difference and will never be forgotten. Fifty-five years ago, Senator Robert F. Kennedy addressed the National Union of South African Students and spoke about human liberty. He spoke about freedom of speech and the right “to affirm one's membership and allegiance to the body politic – to society.” He also spoke about the commensurate freedom to be heard, “to share in the decisions of government which shape men's lives.” And he stated that government “must be limited in its power to act against its people so that there may be … no arbitrary imposition of pains or penalties on an ordinary citizen by officials high or low”. Senator Kennedy went on to say, Each time a man stands up for an ideal, or acts to improve the lot of others, or strikes out against injustice, he sends forth a tiny ripple of hope, and crossing each other from a million different centers of energy and daring, those ripples build a current which can sweep down the mightiest walls of oppression and resistance. Madam President, Sergei Magnitsky stood up for an ideal. He acted to improve the lot of others. He struck at injustice. He was – and remains – a ripple of hope. On this sad anniversary of Sergei Magnitsky’s murder, let us all recommit ourselves to helping those in Russia, and around the world, who seek their rightful share in the governance of their own countries and who deserve the confidence of doing so without fear of harm. If we do this, Sergei will not have died in vain. I am confident that one day, there will be a monument in stone and bronze to Sergei in his native Russia. Until that day, the laws that bear his name will serve as his memorial.
Confronting Kremlin & Communist CorruptionThursday, November 18, 2021
The Kremlin and the Chinese Communist Party, as well as other U.S. adversaries, practice kleptocracy, an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy. Kleptocracy now poses the most serious challenge to democratic governance worldwide. President Biden has declared countering corruption a core national security interest and Congress has responded with a series of legislative proposals to fight kleptocracy both at home and abroad. On November 18, the Commission on Security and Cooperation in Europe brought together experts on kleptocracy to examine how the United States can confront foreign corruption. In particular, witnesses discussed the ways that the United States can fortify its system against the taint of corruption and hold kleptocrats to account. The first panel featured testimony by Representatives Tom Malinowski (NJ-07) and María Elvira Salazar (FL-27), while the second panel included witnesses Leonid Volkov, Chief of Staff to Alexei Navalny; Elaine Dezenski, Senior Advisor at the Center on Economic and Financial Power; and Scott Greytak, Advocacy Director at Transparency International. Helsinki Commission Chairman Sen. Ben Cardin (MD) opened the hearing, noting that corruption both sustains dictatorships and helps them conduct foreign policy. Corruption also erodes democratic structures from within and creates patronage-based systems in which autocrats pay their cronies to retain power. Chairman Cardin thanked Representatives Malinowski and Salazar for their work on the counter-kleptocracy caucus and highlighted several of the counter-kleptocracy bills currently in the House and the Senate. Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) stressed the importance of going after the enablers of corruption, not just the kleptocrats, saying, “They work with these folks to poison the system, so they are in essence agents of corruption.” He added that the United States needs to clean up its act at home and reinforce its defenses against the national security threat of corruption. Helsinki Commission Ranking Member Sen. Roger Wicker (MS) called corruption a “pernicious foreign policy tool” that undermines and co-opts democratic systems, and highlighted the corruption and abuse of INTERPOL, which he described as being hijacked by mafia states and weaponized to pursue political opponents. China and Russia are the most prolific abusers of the system, he said, pointing towards the TRAP Act as a legislative tool to counter such behavior. Sen. Wicker, who co-leads the Global Magnitsky Reauthorization Act alongside Chairman Cardin, stressed the bipartisan nature of this issue. Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02) echoed Sen. Wicker’s statement, adding, “It is not an exaggeration to say that corruption is the new communism.” Rep. Wilson mentioned the six Helsinki Commission counter-kleptocracy bills in the House National Defense Authorization Act (NDAA), underlining the bipartisan nature of the fight against corruption. “To protect American families we must fight corruption,” he said. During the first panel, Rep. Malinowski described fighting corruption as the key to winning the contest between democracy and dictatorship. Corruption is not only a way for autocrats to stay in power, he argued; it also is their greatest weakness. “When we catch them stealing from their people and putting their money in our banks, that is what embarrasses them,” he said. Referencing the six counter-kleptocracy bills currently pending in Congress, Rep. Malinowski suggested the United States. has potent tools to go after corruption. Rep. Salazar testified that corruption is a threat to freedom and human rights. Using Venezuela, Cuba and Nicaragua as examples, Salazar explained how corrupt leaders use stolen funds to finance campaigns that portray them as the saviors of the countries that they actually loot. Salazar pointed towards her work as founding member of the bipartisan Caucus against Foreign Corruption and Kleptocracy (CAFCAK), as well as the importance of the Combating Global Corruption Act, introduced by Chairman Cardin in the Senate, and the bipartisan ENABLERS Act Leonid Volkov began his testimony by describing a natural pathway from corruption to authoritarianism, born out of the necessity to hide crimes by silencing the press and co-opting the courts. He outlined how the Navalny anti-corruption initiative, through hundreds of investigations, found billions of dollars stolen from Russian taxpayers. What stood out, he said, was how successful kleptocrats need to operate in two countries: their home country, where the absence of rule of law allows them to steal, and another country, where the rule of law ensure the safety of their money. Therefore, corruption is a global phenomenon, which also necessitates fighting corruption on both fronts. Volkov endorsed the series of Helsinki Commission anti-kleptocracy bills and asked to “fight this fight together.” Scott Greytak described corruption as the lifeblood of autocrats abroad and pointed toward the Pandora Papers, which revealed that the United States is a leading secrecy jurisdiction for stashing offshore funds. He emphasized the importance of Congress ensuring that the six counter-corruption bills in the House National Defense Authorization Act (NDAA) make it into the final NDAA. Doing so would enhance the U.S. ability to deny kleptocrats access to the financial system and increase transparency. The National Defense Authorization Act (NDAA) is legislation that Congress passes each year to make changes to the policies and organization of United States defense agencies and provide guidance on how military funding can be spent. Greytak also mentioned the Corporate Transparency Act and expressed hope that Congress would ensure that the new Treasury FinCEN rules are in keeping with the spirit of the law. He added that passing the Foreign Extortion Prevention Act (FEPA), which would criminalize foreign officials requesting bribes from American companies, is an important step many of our allies already have taken. Lastly, Greytak emphasized the need to target enablers of kleptocracy in the U.S. via the ENABLERS act, to prevent crimes such as the theft of over $4 billion from the public investment fund of Malaysia, aided and abetted by U.S. law firms. Elaine Dezenski’s testimony focused on China and corruption through the Belt and Road Initiative (BRI). She described the BRI as a geopolitical enterprise through which China seeks to redefine its engagement with more than 140 countries. Because the BRI is designed to undercut normal development, it gets rid of safeguards such as anti-corruption, environmental, and labor standards as well as open and transparent bidding, according to Dezenski. By doing so, it creates long-term dependencies fueled by corruption and debt traps. More than 40 countries are now indebted to China equal to or greater than 10 percent of their GDP, Dezenski said. A slim window exists during which the U.S. can offer clean alternatives to the BRI, alongside increased efforts to educate citizens and support civil society to counter this threat. One key step, said Dezenski, is pivoting critical supply chains out of China and towards allied countries. Another step is taking care not to give domestic infrastructure contracts to foreign kleptocrats’ companies. Finally, countering disinformation and misinformation campaigns is of the essence. Responding to a series of questions from Co-Chairman Cohen, Volkov explained that his organization had to move outside of Russia due to being designated an extremist organization but nonetheless is working to produce content highlighting Russian corruption. On the topic of censorship by Apple and Google during the Duma elections in 2021, Volkov stated that the threat by the Russian regime to imprison employees of U.S. companies should they not go through with the censorship is serious and should not be dismissed. Asked by Rep. Wilson what he saw as Russia’s future in five to 10 years, Volkov explained that Putin is unpopular among Russia’s youth and that many people want change. Putin’s strength lies in his TV propaganda machine, which is less effective at reaching younger, more internet-savvy people, he said. Volkov explained that under Putin, Russia has more political prisoners than the Soviet Union ever had after Stalin and expressed hope that this would lead to cracks in the system and, finally, regime change. On the question of how present-day corruption differs from that of 30 years ago, Scott Greytak explained that corruption is more sophisticated than ever, aided by complex financial vehicles created by Western enablers which make it easier to move money. Responding to a question from Helsinki Commission Member Rep. Ruben Gallego (AZ-07), Greytak explained that although Russian and Chinese corruption are similar, Russia perfected state-run corruption, while China adopted corruption to grow its geo-political influence. Dezenski answered a question on China’s long-term view by explaining that the United States needs to be more strategic about the short-term implications of individual actions and ensure long-term commitment to democratic norms. Because China takes a longer view than the United States, they have outmaneuvered us, Dezenski said. Asked if any projects concerned her most, she answered any projects related to digital infrastructure, due to the risk of authoritarian regimes monitoring and managing communications lines. In addition, Dezenski mentioned projects that would give Beijing military influence, such as strategic ports in the Indian Ocean or the South China Sea. Chairman Cardin thanked the witnesses for their expert testimonies and said he looked forward to consulting with them on several of the points brought up. To end the hearing, the chairman pointed out South Korea as an example of a country that turned around its corruption problem, stating, “We can make change and plant the seeds to enhance the welfare of all the people.” Related Information Witness Biographies Bipartisan Counter-Kleptocracy Legislative Initiatives Counter-Kleptocracy Measures Included in the House Defense Bill
Helsinki Commission Alarmed by Attempted Liquidation of MemorialWednesday, November 17, 2021
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.
Authoritarian Abuse of INTERPOLWednesday, November 17, 2021
Mr. WICKER. On November 23, the International Criminal Police Organization, better known as INTERPOL, will begin its annual General Assembly in Istanbul. INTERPOL is a vital global law enforcement network that helps police from different countries cooperate with each other to control crime. Unfortunately, it has also become a tool in the hands of despots and crooks who seek to punish dissidents and political opponents in an effort to turn other countries’ law enforcement against the rule of law. Rooting out this sort of abuse should be the top priority going in to the INTERPOL General Assembly. These abuses make a mockery of Interpol and are threatening its continued existence. INTERPOL's constitution cites the Universal Declaration of Human Rights as the basis for police cooperation. Importantly and significantly, Article 3 of that declaration forbids INTERPOL from engaging in any activities of a political, military, religious or racial character. All 194 member nations have committed to uphold Article 3 and the entire INTERPOL constitution, so it is troubling. As a matter of fact, it's even worse than troubling. It's egregious that INTERPOL chose to host this year's General Assembly in Turkey. A country that has become one of the worst abusers of INTERPOL’s Red Notice and Blue Notice systems. Turkey has repeatedly weaponized INTERPOL to persecute and arrest government critics on politically motivated charges. Journalist Can Dundar is a prime example. Mr. Dundar is one of Turkey's most prominent media personalities and has received international awards for defending freedom of the press. In 2018, Turkey demanded that INTERPOL issue a red notice for Mr. Dundar's arrest. What had he done? He simply criticized his government. He had reported on the Turkish government supplying arms to an Islamist group in Syria. He was charged by a Turkish court with espionage and aiding a terrorist group. The group was never named. And sentenced to 27.5 years in prison in absentia. Thankfully, Germany has refused to extradite Mr Dundar, but this is the sort of thing we see from this year's host of the conference in June of this year. Turkish media reported that INTERPOL had rejected nearly 800 red notices sent by the Turkish government. A Swedish human rights group reported in 2016 after the failed coup in Turkey, that the Turkish government filed tens of thousands of INTERPOL notifications targeting persons who were merely critics and political opponents of the government. Some of these people were stranded in international airports, detained and handed over to Turkey, where they ended up in prison. There are also alarming signs that Turkey is trying to leverage this year's General Assembly to further its own authoritarian goals. This past June, Turkish Deputy Foreign Minister Havel's Saleem Kiran openly asserted that the General Assembly in Istanbul “will be an important opportunity to explain in detail our rightful position regarding our fight against terrorist organizations and our rejected notices.” Translation: Turkey plans to use this high level event to mislead and lie to the international community. They will no doubt try to explain why President Erdogan should be able to hunt down his critics in foreign countries using foreign law enforcement through INTERPOL. This will be a travesty, one that indeed threatens the legitimacy and future viability of INTERPOL. And of course, Turkey is not the only offender we could talk about. Russia, China and Venezuela have routinely misused Interpol to oppress their critics. The case of Bill Browder, a free critic of the Putin regime and advocate for the Magnitsky Act, is probably the most well-known example of such abuse. Vladimir Putin has issued no fewer than eight INTERPOL diffusions seeking to have Bill Browder extradited, none of which thankfully have been obeyed. These abuses should not be allowed to go on. INTERPOL needs protection on behalf of countries that actually believe in human rights - they believe in open dissent and the rule of law. Providing that protection is why I have introduced the Transnational Repression, Accountability and Prevention Act or TRAP Act. This is a bipartisan effort, Mr. President, with four Republican co-sponsors and four Democratic co-sponsors. This bipartisan legislation would fortify U.S. systems against INTERPOL abuse and would require that we use our influence to push for due process and transparency reforms at INTERPOL, American law enforcement should never be doing the work of foreign crooks and dictators. I hope that I can count on my colleagues in this chamber to support this much needed legislation, and I invite my colleagues to be added to the co-sponsor list. Thank you, Mr. President.
Helsinki Commission Recalls Legacy of Sergei MagnitskyTuesday, November 16, 2021
WASHINGTON—On the 12-year anniversary of the death of Sergei Magnitsky, 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: "Sergei Magnitsky’s heroic legacy is exemplified in the global movement for justice sparked by his death,” said Chairman Cardin. “Even as Magnitsky laws help protect the United States and other countries from the corrupting taint of blood money and deny abusers the privilege of traveling to our shores, they also remind those who suffer human right abuses at the hands of their own governments that they are not forgotten." “Finding justice for Sergei Magnitsky in Putin’s Russia seems more impossible with each passing year,” said Co-Chairman Cohen. “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.” “It would have been much easier and much safer for Sergei Magnitsky if he had remained silent—but he was relentless in his desire to expose the truth,” said Sen. Wicker. “In a Russia ruled by Vladimir Putin, Mr. Magnitsky paid for it with his life. We look forward to the day when, in Russia and elsewhere, uncovering corruption is a public service rather than a death sentence.” “Sergei Magnitsky spent the last year of his life in prison because he refused to stop fighting for what was right,” said Rep. Wilson. “In honoring Sergei Magnitsky’s legacy today, we recall the many other political prisoners like him who have endured horrific conditions and even death simply for speaking truth to power. No one should have to experience what he did.” In 2008, Sergei Magnitsky, who advised Hermitage Capital Management in a dispute over alleged tax evasion in Russia, discovered a $230 million fraud being committed by Russian law enforcement officers assigned to the case. Magnitsky reported the fraud to the authorities and was arrested soon after by the same officers he had accused. For almost a year, Magnitsky was held in squalid prison conditions, denied visits from his family, and beaten by guards. Despite developing serious health conditions, he was denied medical attention. On November 16, 2009, Sergei Magnitsky was beaten to death in his cell. He had been imprisoned for 358 days, just seven days short of the maximum legal pre-trial detention period in Russia. In 2010, Helsinki Commission Chairman Sen. Ben Cardin (MD) introduced the Justice for Sergei Magnitsky Act, directing the U.S. Secretary of State to publish a list of individuals involved in Sergei’s detention and death, and enabling the government to deny these individuals entry to the United States and freeze their American assets. The bill was reintroduced in the next Congress as the Sergei Magnitsky Rule of Law Accountability Act. This version covered all individual who commit extrajudicial killings, torture or otherwise egregiously violate the human rights of activists or whistleblowers in Russia. On December 14, 2012, the Magnitsky Act was signed into law, establishing severe consequences for the worst human rights violators in Russia. In 2015, Chairman Cardin introduced the Global Magnitsky Human Rights Accountability Act to expand the authorities established by the original Magnitsky Act to include the worst human rights violators and those who commit significant acts of corruption around the world. It became law in December 2016.
Helsinki Commission Briefing to Probe Ties Between Corporations and DictatorsTuesday, November 16, 2021
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: DICTATORS, INC. Monday, November 22, 2021 10:00 a.m. Register: https://bit.ly/3qKc5NW Many American and other western corporations invest heavily in authoritarian regimes, particularly Russia and China. Such companies often claim that, thanks to their involvement, democratic values like human rights and the rule of law will spill over into dictatorships and transform them from within. Instead, they provide autocrats with new opportunities to both repress rights at home and exert influence abroad. This briefing will examine the interplay between western business and dictators, particularly as it concerns human rights abuse. Panelists will discuss the recent Russian elections, where Google and Apple censored content at the behest of the Putin regime; corporate censorship and other abuse on behalf of the Chinese Communist Party; and options for policy responses. The following panelists are scheduled to participate: Vladimir Milov, Russian opposition politician and economist Matt Schrader, Advisor for China, Center for Global Impact, International Republican Institute Karen Sutter, Specialist in Asian Trade and Finance, Congressional Research Service
REMEMBERING AND HONORING SERGEI MAGNITSKYTuesday, November 16, 2021
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.
Fifteen Years of the Recommendations of Policing in Multi-Ethnic SocietiesMonday, November 15, 2021
By Nathaniel Haas, Max Kampelman Fellow On November 5, 2021, the OSCE High Commissioner on National Minorities convened a hybrid conference commemorating the 15th anniversary of “Recommendations on Policing in Multi-Ethnic Societies.” The conference focused on continuing challenges and new perspectives related to policing in diverse societies and was attended by more than 200 participants from thirty participating States and civil society, including Helsinki Commission Chairman Sen. Ben Cardin. Helsinki Commission staff Shannon Simrell and Dr. Mischa Thompson also attended. OSCE High Commissioner Kairat Abdrakhmanov opened the meeting, stating, “The Policing Recommendations provide guidance on how to enhance communication and trust between the police and national minority communities, thereby strengthening inter-ethnic relations, as well as increasing the operational effectiveness of the police.” He also noted the importance of the recommendations in assisting policymakers in ensuring police represent the societies they serve. Citing the urgent need to address discriminatory policing following the tragic death of George Floyd, Chairman Cardin said, “Strengthening cooperation between law enforcement and civil society, providing victims assistance, and promoting democracy and equal opportunity must become key aspects of the OSCE effort to address hate crimes and intolerance in the region.” As the OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, Chairman Cardin also called attention to the urgent item recently adopted by the OSCE PA calling for an OSCE plan of action to address bias motivated violence, including in policing. Against the backdrop of high-profile cases of discriminatory policing, speakers discussed barriers and solutions to addressing police misconduct, increasing diversity in police forces, strengthening police-community relations, and incorporating minority and gender perspective in policies relating to police recruitment, training, and operations. Recommendations included training law enforcement officers on language and multicultural communications skills and developing inter-ethnic trust building measures to foster better community relations. Other speakers recalled the important role of police in working with communities following terrorist attacks such as the Pittsburgh Tree of Life and Norway attacks, as well as addressing issues of radicalization within police forces. Several panelists recommended developing targeted outreach and recruiting campaigns to need for ethnic and gender diversity to increase police effectiveness and decrease violence. Senior Police Advisor Kara Rose of the U.S. State Department’s Bureau of International Narcotics and Law Enforcement Affairs offered examples of U.S. programs addressing implicit and explicit bias in the criminal justice system. She highlighted gender strategies and programs that promote the protection of women and minorities in law enforcement careers. Theresa Segovia, Associate Director of the Community Relations Service of the U.S. Department of Justice, discussed her work with religious communities and how working with youth was key to developing strong relations with multi-ethnic communities. Given the duty of police to protect and serve, speakers also discussed the importance of depoliticizing the police and ways to keep police safe on the job amidst continuing societal tensions.
Threat of Foreign Corruption to Be Explored at Helsinki Commission HearingFriday, November 12, 2021
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: CONFRONTING KREMLIN & COMMUNIST CORRUPTION Thursday, November 18, 2021 10:30 a.m. Dirksen Senate Office Building Room G-50 Watch live: www.youtube.com/HelsinkiCommission The Kremlin and the Chinese Communist Party, as well as other U.S. adversaries, practice kleptocracy, an authoritarian governance model in which political leaders routinely engage in illicit self-enrichment, maintain power through corrupt patronage networks, exploit democracies to conceal and protect stolen assets, and use strategic corruption as a tool of foreign policy. Kleptocracy now poses the most serious challenge to democratic governance worldwide. President Biden has declared countering corruption a core national security interest and Congress has responded with a series of legislative proposals to fight kleptocracy both at home and abroad. This hearing will bring together experts on kleptocracy to examine how the United States can confront foreign corruption. In particular, witnesses will discuss the ways that the United States can fortify its system against the taint of corruption and hold kleptocrats to account. The following witnesses are scheduled to testify: Representative Tom Malinowski (NJ-07), Member of Congress, Co-Chair of the Congressional Caucus against Foreign Corruption and Kleptocracy Representative María Elvira Salazar (FL-27), Member of Congress, Member of the Congressional Caucus against Foreign Corruption and Kleptocracy Leonid Volkov, Chief of Staff to Alexei Navalny Elaine Dezenski, Senior Advisor, Center on Economic and Financial Power, Foundation for Defense of Democracies Scott Greytak, Advocacy Director, Transparency International U.S. Office
Helsinki Commission Supports Invocation of OSCE’s Vienna Mechanism in the Face of Sustained Human Rights Crisis in BelarusWednesday, November 10, 2021
WASHINGTON—Following the invocation of the OSCE’s Vienna Mechanism to address the mounting human rights crisis in Belarus, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “One year after the release of a comprehensive, unbiased, and damning report detailing human rights abuses by the Lukashenko regime, Lukashenko has not simply failed to act on the report’s recommendations—he has intensified his brutal crackdown on those in Belarus who continue to fight for their fundamental freedoms. “Among its other commitments as an OSCE participating State, Belarus is bound to respect human rights and hold free and fair elections. By invoking the Vienna Mechanism, the United States and 34 other countries demand that the authorities in Belarus finally address the violations raised in the 2020 report and inform the international community about the steps the Lukashenko regime is taking to investigate those serious allegations. Ensuring human rights violators are held to account is of importance to us all.” In September 2020, 17 OSCE participating States, including the United States, invoked the OSCE’s Moscow Mechanism to investigate credible accounts of widespread human rights violations perpetrated in the aftermath of Belarus’ fraudulent August 2020 elections. The Moscow Mechanism allows a group of OSCE participating States to appoint independent experts to investigate a particularly serious threat to the fulfillment of human rights commitments in a participating State. On November 5, 2020, the Moscow Mechanism report substantiated numerous allegations of torture and repression and included recommendations and advice for the Government of Belarus, the OSCE, and the international community. Lukashenko’s government failed to cooperate with the investigation. On November 4, 2021, as a follow-up to the 2020 report, 35 OSCE participating States posed detailed questions to the Lukashenko regime via OSCE’s Vienna Mechanism, which obliges participating States to respond to formal requests for information from other States about serious human rights concerns. The commission convened a hearing on human rights in Belarus on September 21, 2021.
HELSINKI COMMISSIONERS JOIN OSCE PA MEETING ON AFGHANISTAN, DEBATE POLICY RESPONSESTuesday, November 09, 2021
On November 4, 2021, more than 40 members of the OSCE Parliamentary Assembly (PA) met remotely to discuss the current security challenges posed by developments in Afghanistan and the future of OSCE engagement with Afghanistan under the Taliban’s rule. Since 2003, Afghanistan has been an OSCE Partner for Cooperation and shares a border with several OSCE countries. The debate, which was attended by seven members of the Helsinki Commission, took place as part of the OSCE PA’s annual Autumn Meeting. Each year, the Autumn Meeting focuses on debating one or more currently relevant issues confronting the OSCE region. This year’s Autumn Meeting was originally planned to be in Dublin, Ireland, but a resurging COVID-19 pandemic forced the OSCE PA to rely on emergency procedures that allow for statutory meetings to be conducted remotely. OSCE PA Leaders Outline Challenges Posed by Afghanistan OSCE PA President Margaret Cederfelt opened the debate with an overview of the challenges presented by the Taliban’s takeover of Afghanistan. While three OSCE countries—Uzbekistan, Turkmenistan, and Tajikistan—share a border with Afghanistan, developments there also have serious implications for the rest of the OSCE participating States. The worsening humanitarian crisis, the Taliban’s historical connections to terrorism, the negative economic fallout, the potential impact on neighboring countries, and deteriorating human rights, particularly for women and girls, were all of concern. “Those who will suffer most from this is, of course, the ordinary people,” President Cederfelt emphasized, while highlighting the impending economic turmoil Afghanistan faces. “It is essential that human security is protected by safeguarding the fundamental rights of all Afghans.” President Cederfelt also underscored the need for international cooperation while addressing this situation, given its global security implications. The three leaders of the PA General Committees highlighted aspects of the crisis related to their specific mandates. Helsinki Commissioner Rep. Richard Hudson, who chairs the General Committee on Political Affairs and Security, noted, “Perhaps most alarming is the return of an international terrorist threat from Afghanistan. He also highlighted the production and trade of narcotics and illegal drugs backed by the Taliban as a serious challenge with global implications, thanks to major trafficking routes. “The security situation in Afghanistan is intrinsically linked with that of the OSCE region as a whole—but it will first and most immediately affect Afghanistan’s neighbors in Central Asia,” he said. “We must all be especially concerned about threats to the three OSCE participating States that have borders with Afghanistan: Tajikistan, Turkmenistan and Uzbekistan. This is perhaps the area in which our organization can have the greatest and most immediate impact." The other two general committee chairs shared their concerns as well. Pere Joan Pons of Spain, who chairs the General Committee on Economia Affairs, Science, Technology, and Environment, highlighted Afghanistan’s current economic and environmental challenges, especially given the country’s vulnerability in the face of climate change. Sereine Mauborgne of France, who chairs the General Committee on Democracy, Human Rights, and Humanitarian Questions, discussed the serious human rights violations faced by women, girls, and other vulnerable populations. In addition, many Afghans face urgent or extreme food and security issues; the Taliban lacks the capability to provide either for the Afghan people. Director of the OSCE Conflict Prevention Center Tuula Yrjölä discussed Afghanistan’s relationship to the OSCE as a Partner for Cooperation and the potential role of the OSCE role in addressing the situation. She concluded that Afghanistan’s partnership status in the OSCE was based on shared values; its future may be in question under a Taliban government. Helsinki Commissioners Participate in the General Debate Following the introductory remarks, six members of the Helsinki Commission—including all four senior commission leaders—took the floor to voice their concerns and engage with other parliamentarians. Helsinki Commission Chairman Sen. Ben Cardin, who also serves as the Head of the U.S. Delegation and the OSCE PA Special Representative on Anti-Semitism, Racism, and Intolerance, expressed disappointment at how quickly the democratic government and institutions in Afghanistan deteriorated, despite years of investment and support. “One of the prime reasons was corruption,” explained Chairman Cardin. The rights of women and girls and ensuring humanitarian assistance reaches populations in need were two areas that he insisted be of focus as international efforts move forward. Media freedom was of particular concern for Helsinki Commission Co-Chairman Rep. Steve Cohen. “Lower-level Taliban forces threaten and harass journalists,” he stated. “RFE/RL has reported that over the past weeks, its remaining journalists have been questioned by armed Taliban and door-to-door searched have been conducted looking for journalists affiliated with the United States.” Media freedom is among the fundamental freedoms the OSCE seeks to protect, and Co-Chairman Cohen insisted the Taliban must be held responsible for violating these rights. Helsinki Commission Ranking Member Sen. Roger Wicker, who also serves as an OSCE PA Vice President, shared legislation he is sponsoring in Congress that seeks to strengthen the American response to Afghanistan and reiterated the dangers that religious and ethnic minorities in Afghanistan currently face. Ranking Member Rep. Joe Wilson highlighted the dangers of terrorism and the oppressive rule of the Taliban. “It cannot be business as usual with the Taliban,” he stated. “Together, we must use our leverage to prevent Afghanistan from again becoming a terrorist haven devoid of human rights.” Chairman Cardin, Sen. Wicker, and Rep. Wilson all expressed concern over Afghanistan’s status as an OSCE Partner for Cooperation. “Before we recognize any representative of Afghanistan in our assembly, we should make sure that they will adhere to the principles of the Helsinki Final Act,” Chairman Cardin stated. Rep. Wilson argued that Afghanistan’s partner status should be reconsidered, and Sen. Wicker also emphasized the importance of the values shared by OSCE participating States and Partners for Cooperation. “I would hope that it is our position going forward that the Taliban-led government in Afghanistan not be recognized as an OSCE Partner for Cooperation,” Sen. Wicker said. Helsinki Commissioner Rep. Gwen Moore focused on the dangers for women and girls and the human rights violations they face. Despite advances made in women’s rights in Afghanistan during the past two decades, the return of Taliban rule has brought a resurgence of violence and restrictions, endangering the lives of women throughout the country. Many have fled Afghanistan, fearing for their safety, while others have remained to fight for their country. While Rep. Moore strongly advocated for supporting resettlement efforts, she also emphasized that resettlement was a last resort. “We must continue to press for the protection of these women in their own country,” she said. Ms. Moore also proposed that the OSCE PA create and maintain a project to monitor and support Afghanistan’s female parliamentarians. Helsinki Commissioner Rep. Ruben Gallego stressed the importance of aiding Afghans still in Afghanistan. “We must find ways to support Afghans in-country who are bravely calling for progress, and we must stand up for the human rights of those who suffer at the hands of the Taliban,” he said. Rep. Gallego further argued that the international community must do more than simply aid in the evacuation of those fleeing the Taliban’s rule. “We must also ensure that those who have been evacuated have long-term support in the resettlement process. The United States must do its part in accepting the bulk of Afghan refugees, and I have personally pushed in Congress to provide Afghans with the long-term resources they need to settle into a new life,” he stated, and asked all the participating parliamentarians to urge their countries to do the same. OSCE Efforts Moving Forward Throughout the debate, which highlighted various vulnerable populations and severe security threats that must be addressed in the future, one recurring theme was the need for international cooperation. While President Cederfelt began the meeting by observing that it will be impossible to know the future, Rep. Gallego expressed one certainty. “The end of America’s military commitment in Afghanistan does not mean we will turn a blind eye to Afghanistan’s people or the security of the region,” he said.
Upholding OSCE Commitments in Hungary and PolandWednesday, November 03, 2021
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
Commissioners Whitehouse and Tillis Introduce Foreign Extortion Prevention ActTuesday, November 02, 2021
WASHINGTON—Helsinki Commissioners Sen. Sheldon Whitehouse (RI) and Sen. Thom Tillis (NC) today introduced the Foreign Extortion Prevention Act to criminalize bribery demands by foreign officials. It follows the introduction of the bill in the House of Representatives by Rep. Sheila Jackson Lee (TX-18) and Rep. John Curtis (UT-03). “Kleptocrats and criminals will seize on any opportunity to extort American businesses, enrich themselves, and undermine our national security,” said Sen. Whitehouse. “It’s illegal for an American business to pay a bribe abroad; this bipartisan legislation makes it illegal for a kleptocrat to demand one. In order to win the new clash of civilizations, America must defend the rule of law and signal that violations will not be tolerated.” “American business needs a level playing field,” said Sen. Tillis. “The Chinese don’t play fair. The Russians don’t play fair. The Iranians certainly don’t play fair. These countries all rely on corruption and bribery to capture business opportunities. The Foreign Extortion Prevention Act attacks corruption at its source—those who demand bribes. It is a common-sense approach that brings the United States in line with best practices in fighting foreign bribery.” Under U.S. law, only the giving or offering of a bribe abroad is considered a criminal activity. However, foreign corrupt officials routinely demand bribes from companies hoping to do business with them, then spend those ill-gotten gains in developed democracies. Unscrupulous companies operating in a corrupt environment gain a competitive edge by fulfilling bribery demands, while companies beholden to the rule of law, such as American companies, are disadvantaged. The Foreign Extortion Prevention Act remedies this by criminalizing the demand side of bribery, enabling the United States to fight both sides of foreign bribery. The Foreign Extortion Prevention Act is supported by the U.S. Chamber of Commerce, Transparency International’s U.S. Office, and Greenpeace USA. The bill also is supported by Accountability Lab, Africa Faith and Justice Network, Anti-Corruption Data Collective, Citizens for Responsibility and Ethics in Washington, Coalition for Integrity, EG Justice, Freedom House, Global Financial Integrity, Integrity Initiatives International, International Coalition Against Illicit Economies (ICAIE), Oxfam America, Shadow World Investigations, The Financial Accountability and Corporate Transparency (FACT) Coalition, The Free Russia Foundation, The ONE Campaign, The Sentry, UNISHKA Research Service, and Visual Teaching Technologies, LLC. See an FAQ on the bill. See Transparency International’s fact sheet.
Fighting Impunity for Crimes Against JournalistsTuesday, November 02, 2021
By Arwen Struthers, Max Kampelman Fellow In 2013, the United Nations General Assembly declared November 2 International Day to End Impunity for Crimes Against Journalists to commemorate the lives of Claude Verlon and Ghislaine Dupont, two journalists who were kidnapped and killed in a targeted attack on that day. Since their deaths, their killers have walked free with complete impunity; there is no justice in sight. Unfortunately, cases where authorities respond to crimes against journalists with impunity for the perpetrators rather than justice for the victims are not outliers. The Committee to Protect Journalists reports that “in over eight out of 10 cases where a journalist has been targeted for murder, their killers go free.” Impunity often extends beyond cases where journalists are murdered to failure to conduct a proper investigation into other crimes against journalists, such as threats and non-fatal attacks. Complete impunity is not uncommon and presents one of the greatest challenges for media freedom advocates and democratic states around the world today. Freedom of expression and free press are core democratic principles that protect individual liberties, promote discussion in public squares, and contribute to the spread of information. The harmful, cyclical nature of impunity endangers states and individuals as it impedes upon media freedom, violates human rights, and threatens democratic values. Natalya Estemirova Natalya Estemirova was a Russian investigative journalist and a leading defender of human rights in Chechnya for nearly two decades. Despite threats from local authorities, she dedicated her life to calling out injustice. She regularly reported on abuses and violations committed by authorities at the national and local level, and her work was published by sources like Novaya Gazeta and Kavkazsky Uzel. In 2006, she met with the Helsinki Commission to share her findings on human rights violations. On July 15, 2009, Natalya Estemirova was abducted and murdered. Over 12 years later, little has been done to bring her killers to justice. On August 31, 2021, the European Court of Human Rights ruled that the Russian government failed to properly investigate her murder. There has been no conviction and those involved in the murder of Natalya Estemirova continue to walk free. The Dangers of Impunity Across the globe, impunity jeopardizes journalists and the media environments in which they operate. It is both a symptom of broader systemic problems in states, as well as an environmental contributing factor which encourages further crimes against journalists. In an October 2021 Helsinki Commission hearing on media freedom in the OSCE region, OSCE Representative on Freedom of the Media Teresa Ribeiro explained that examining individual cases of crimes against journalists and addressing each as it arises is not enough. To best tackle the problems created by violations of media freedom and attacks on journalists, human rights advocates must examine the broader picture. When discussing cases of crimes against journalists, Ribeiro said, “All combined, they all create a landscape, an atmosphere, that silence[s] all the critical voices.” Crimes against journalists are often efforts to censor journalists who are bringing attention to injustice and corruption. By examining the broader picture rather each individual crime against the press, deeply rooted issues – such as government corruption and authoritarianism - will be exposed. To protect journalists in the future, these issues must be addressed first. At the same hearing, Robert Mahoney, the Deputy Executive Director of the Committee to Protect Journalists, explained that the failure to administer justice not only creates a landscape where there are fewer voices expressing themselves, but also encourages more crimes against journalists in the future. “Impunity will only send a message that journalists’ lives are cheap and that those – whether it’s criminal gangs or whether it’s governments – that want to silence them can, for a few thousand dollars, hire an assassin and get rid of the problem,” he said. Impunity demonstrates to other journalists they may be freely targeted by those they criticize without any protection from the law. It creates a painful choice: are they bullied into silence or do they risk their lives? Yesterday, Today, and Tomorrow One of the most important tools that can be used to help end impunity is multilateral, multi-level pressure. When international organizations and their members, such as the OSCE and its participating States, put pressure on those countries where authorities fail to adequately respond to crimes against journalists, they begin to break the dangerous cycle. Failing to call out impunity as injustice further feeds the emboldening cycle of impunity, but consistent pressure from outside forces can help that cycle crack. Domestic pressure also can have an impact. In February 2018, investigative journalist Ján Kuciak and his fiancée Martina Kušnírová were killed in a targeted attack in Slovakia. In response, the people of Slovakia took to the streets in protest of his death, resulting in the resignation of several top government officials. A Slovakian Supreme Court decision in June 2021 overturned the acquittal of two suspects, ruling that the lower court did not properly examine the evidence. The government’s response to the protests and pressure from the international community—its willingness to continue to prosecute those involved in the murders—demonstrates that external pressure works in putting a stop to impunity. In this case, there is hope that justice is on the horizon. When local communities, countries, and multilateral organizations all maintain pressure upon individual countries for their human rights and media freedom failures, governments who enable or are responsible for crimes against journalists begin to feel the heat. 2021 Nobel Peace Prize winner Dmitry Muratov, the editor-in-chief of Novaya Gazeta, dedicated his award to his slain colleagues, including Natalya Estemirova. In a 2009 Helsinki Commission briefing, Muratov said, “In any encounter with representatives of the Russian political establishment and government, please, bring up this meeting. Please ask these uncomfortable questions.” Joining forces with other defenders of media freedom and human rights and calling attention in public spaces to the failings of countries is one way to effectively combat impunity and protect journalists. On International Day to End Impunity for Crimes Against Journalists, supporters of media freedom should affirm their commitment to protecting the media and fighting against impunity crimes against journalists. To ensure that the work done by journalists around the world – the work done by Natalya Estemirova and others like her – will not be silenced, governments must lend their support and protection.
Helsinki Commission to Hold Hearing on Upholding OSCE Commitments in Hungary and PolandWednesday, October 27, 2021
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
Cardin Statement on the Third Anniversary of the Attack on Pittsburgh’s Tree of Life SynagogueWednesday, October 27, 2021
WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD), who also serves as Special Representative on Anti-Semitism, Racism and Intolerance for the OSCE Parliamentary Assembly, released the following statement on the third anniversary of the deadly shooting at the Tree of Life Congregation in Pittsburgh. “It’s been three years since a gunman on a hate-filled mission killed 11 worshippers at the Tree of Life Congregation. On that awful day, we lost the lives of Joyce Fienberg, Richard Gottfried, Rose Mallinger, Jerry Rabinowitz, Cecil and David Rosenthal, Bernice and Sylvan Simon, Daniel Stein, Melvin Wax and Irving Younger. Each are still in our hearts. The shooter also injured six others, including four Pittsburgh police officers. “It’s unthinkable that anyone would walk in to sacred place of worship armed with an assault rifle and multiple handguns, yelling ‘All Jews must die.’ Horrified doesn’t capture the feeling I had when I first heard of the event. “According to a recent report, 1 in 4 American Jews has experienced anti-Semitism over the past year and 4 in 10 American Jews feel the need to conceal their Jewishness in public for fear of anti-Semitism. In 2021, we saw a spike of anti-Semitic violence and language across the country. “Every person has a responsibility to break the cycle of anti-Semitism, racism and bigotry that has been taught from one generation to the next, in this country and around the world. Leaders, especially, need to be accountable for ending hate through their words and their deeds. This violent attack in Pittsburgh should never have happened. Hate should have no place in our society. “Through the darkness, as Pittsburgh mourned its dead, the community responded with messages of compassion, tolerance and respect. Through their pain, they reminded all of us that the antidote to hate is not revenge or more hate, but love. May the memory of those killed at the Tree of Life synagogue be a blessing to their community and may their families, the survivors, and our society as a whole find peace.”
Mr. Speaker, I move to suspend the rules and concur in the Senate amendments to the bill (H.R. 2121) to make available funds under the Foreign Assistance Act of 1961 to expand democracy, good governance, and anti-corruption programs in the Russian Federation in order to promote and strengthen democratic government and civil society in that country and to support independent media.
The Clerk read as follows:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Russian Democracy Act of 2002''.
SEC. 2. FINDINGS AND PURPOSES.
(a) FINDINGS.--Congress makes the following findings:
(1) Since the dissolution of the Soviet Union, the leadership of the Russian Federation has publicly committed itself to building--
(A) a society with democratic political institutions and practices, the observance of universally recognized standards of human rights, and religious and press freedom; and
(B) a market economy based on internationally accepted principles of transparency, accountability, and the rule of law.
(2) In order to facilitate this transition, the international community has provided multilateral and bilateral technical assistance, and the United States' contribution to these efforts has played an important role in developing new institutions built on democratic and liberal economic foundations and the rule of law.
(3)(A) Since 1992, United States Government democratic reform programs and public diplomacy programs, including training, and small grants have provided access to and training in the use of the Internet, brought nearly 40,000 Russian citizens to the United States, and have led to the establishment of more than 65,000 nongovernmental organizations, thousands of independent local media outlets, despite governmental opposition, and numerous political parties.
(B) These efforts contributed to the substantially free and fair Russian parliamentary elections in 1995 and 1999.
(4) The United States has assisted Russian efforts to replace its centrally planned, state-controlled economy with a market economy and helped create institutions and infrastructure for a market economy. Approximately two-thirds of the Russian Federation's gross domestic product is now generated by the private sector, and the United States recognized Russia as a market economy on June 7, 2002.
(5)(A) The United States has fostered grassroots entrepreneurship in the Russian Federation by focusing United States economic assistance on small- and medium-sized businesses and by providing training, consulting services, and small loans to more than 250,000 Russian entrepreneurs.
(B) There are now more than 900,000 small businesses in the Russian Federation, producing 12 to 15 percent, depending on the estimate, of the gross domestic product of the Russian Federation.
(C) United States-funded programs have contributed to fighting corruption and financial crime, such as money laundering, by helping to--
(i) establish a commercial legal infrastructure;
(ii) develop an independent judiciary;
(iii) support the drafting of a new criminal code, civil code, and bankruptcy law;
(iv) develop a legal and regulatory framework for the Russian Federation's equivalent of the United States Securities and Exchange Commission; (v) support Russian law schools; (vi) create legal aid clinics; and (vii) bolster law-related activities of nongovernmental organizations.
(6) Because the capability of Russian democratic forces and the civil society to organize and defend democratic gains without international support is uncertain, and because the gradual integration of the Russian Federation into the global order of free-market, democratic nations would enhance Russian cooperation with the United States on a wide range of political, economic, and security issues, the success of democracy in Russia is in the national security interest of the United States, and the United States Government should develop a far-reaching and flexible strategy aimed at strengthening Russian society's support for democracy and a market economy, particularly by enhancing Russian democratic institutions and education, promoting the rule of law, and supporting Russia's independent media.
(7) Since the tragic events of September 11, 2001, the Russian Federation has stood with the United States and the rest of the civilized world in the struggle against terrorism and has cooperated in the war in Afghanistan by sharing intelligence and through other means.
(8) United States-Russia relations have improved, leading to a successful summit between President Bush and President Putin in May 2002, resulting in a ``Foundation for Cooperation''.
(b) PURPOSES.--The purposes of this Act are--
(1) to strengthen and advance institutions of democratic government and of free and independent media, and to sustain the development of an independent civil society in the Russian Federation based on religious and ethnic tolerance, internationally recognized human rights, and an internationally recognized rule of law; and
(2) to focus United States foreign assistance programs on using local expertise and to give local organizations a greater role in designing and implementing such programs, while maintaining appropriate oversight and monitoring.
SEC. 3. UNITED STATES POLICY TOWARD THE RUSSIAN FEDERATION.
(a) SENSE OF CONGRESS.--It is the sense of Congress that the United States Government should--
(1) recognize that a democratic and economically stable Russian Federation is inherently less confrontational and destabilizing in its foreign policy and therefore that the promotion of democracy in Russia is in the national security interests of the United States; and
(2) continue and increase assistance to the democratic forces in the Russian Federation, including the independent media, regional administrations, democratic political parties, and nongovernmental organizations.
(b) STATEMENT OF POLICY.--It shall be the policy of the United States--
(1) to facilitate Russia's integration into the Western community of nations, including supporting the establishment of a stable democracy and a market economy within the framework of the rule of law and respect for individual rights, including Russia's membership in the appropriate international institutions;
(2) to engage the Government of the Russian Federation and Russian society in order to strengthen democratic reform and institutions, and to promote transparency and good governance in all aspects of society, including fair and honest business practices, accessible and open legal systems, freedom of religion, and respect for human rights;
(3) to advance a dialogue among United States Government officials, private sector individuals, and representatives of the Government of the Russian Federation regarding Russia's integration into the Western community of nations;
(4) to encourage United States Government officials and private sector individuals to meet regularly with democratic activists, human rights activists, representatives of the independent media, representatives of nongovernmental organizations, civic organizers, church officials, and reform-minded politicians from Moscow and all other regions of the Russian Federation;
(5) to incorporate democratic reforms, the promotion of independent media, and economic reforms in a broader United States dialogue with the Government of the Russian Federation;
(6) to encourage the Government of the Russian Federation to address, in a cooperative and transparent manner consistent with internationally recognized and accepted principles, cross-border issues, including the nonproliferation of weapons of mass destruction, environmental degradation, crime, trafficking, and corruption;
(7) to consult with the Government of the Russian Federation and the Russian Parliament on the adoption of economic and social reforms necessary to sustain Russian economic growth and to ensure Russia's transition to a fully functioning market economy and membership in the World Trade Organization;
(8) to persuade the Government of the Russian Federation to honor its commitments made to the Organization for Security and Cooperation in Europe (OSCE) at the November 1999 Istanbul Conference, and to conduct a genuine good neighbor policy toward the other independent states of the former Soviet Union in the spirit of internationally accepted principles of regional cooperation; and
(9) to encourage the G-8 partners and international financial institutions, including the World Bank, the International Monetary Fund, and the European Bank for Reconstruction and Development, to develop financial safeguards and transparency practices in lending to the Russian Federation.
SEC. 4. AMENDMENTS TO THE FOREIGN ASSISTANCE ACT OF 1961.
(a) IN GENERAL.--
(1) DEMOCRACY AND RULE OF LAW.--Section 498(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 2295(2)) is amended--
(A) in the paragraph heading, by striking ``DEMOCRACY'' and inserting ``DEMOCRACY AND RULE OF LAW'';
(B) by striking subparagraphs (E) and (G);
(C) by redesignating subparagraph (F) as subparagraph (I);
(D) by inserting after subparagraph (D) the following:
``(E) development and support of grass-roots and nongovernmental organizations promoting democracy, the rule of law, transparency, and accountability in the political process, including grants in small amounts to such organizations;
'`(F) international exchanges and other forms of public diplomacy to promote greater understanding on how democracy, the public policy process, market institutions, and an independent judiciary function in Western societies;
``(G) political parties and coalitions committed to promoting democracy, human rights, and economic reforms;
``(H) support for civic organizations committed to promoting human rights;''; and
(E) by adding at the end the following:
``(J) strengthened administration of justice through programs and activities carried out in accordance with section 498B(e), including-- ``(i) support for nongovernmental organizations, civic organizations, and political parties that favor a strong and independent judiciary; ``(ii) support for local organizations that work with judges and law enforcement officials in efforts to achieve a reduction in the number of pretrial detainees; and ``(iii) support for the creation of legal associations or groups that provide training in human rights and advocacy, public education with respect to human rights-related laws and proposed legislation, and legal assistance to persons subject to improper government interference.''.
(2) INDEPENDENT MEDIA.--Section 498 of the Foreign Assistance Act of 1961 (22 U.S.C. 2295) is amended--
(A) by redesignating paragraphs (3) through (13) as paragraphs (4) through (14), respectively; and
(B) by inserting after paragraph (2) the following:
``(3) INDEPENDENT MEDIA.--Developing free and independent media, including--
``(A) supporting all forms of independent media reporting, including print, radio, and television;
``(B) providing special support for, and unrestricted public access to, nongovernmental Internet-based sources of information, dissemination and reporting, including providing technical and other support for web radio services, providing computers and other necessary resources for Internet connectivity and training new Internet users in nongovernmental civic organizations on methods and uses of Internet-based media; and
``(C) training in journalism, including investigative journalism techniques that educate the public on the costs of corruption and act as a deterrent against corrupt officials.''.
(b) CONFORMING AMENDMENT.--Section 498B(e) of such Act is amended by striking ``paragraph (2)(G)'' and inserting ``paragraph (2)(J)''.
SEC. 5. ACTIVITIES TO SUPPORT THE RUSSIAN FEDERATION.
(a) ASSISTANCE PROGRAMS.--In providing assistance to the Russian Federation under chapter 11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.), the President is authorized to-- (1) work with the Government of the Russian Federation, the Duma, and representatives of the Russian Federation judiciary to help implement a revised and improved code of criminal procedure and other laws; (2) establish civic education programs relating to democracy, public policy, the rule of law, and the importance of independent media, including the establishment of ``American Centers'' and public policy schools at Russian universities and encourage cooperative programs with universities in the United States to offer courses through Internet-based off-site learning centers at Russian universities; and (3) support the Regional Initiatives (RI) program, which provides targeted assistance in those regions of the Russian Federation that have demonstrated a commitment to reform, democracy, and the rule of law, and which promotes the concept of such programs as a model for all regions of the Russian Federation.
(b) RADIO FREE EUROPE/RADIO LIBERTY AND VOICE OF AMERICA.--RFE/RL, Incorporated, and the Voice of America should use new and innovative techniques, in cooperation with local independent media sources and using local languages as appropriate and as possible, to disseminate throughout the Russian Federation information relating to democracy, free-market economics, the rule of law, and human rights.
SEC. 6. AUTHORIZATION OF ASSISTANCE FOR DEMOCRACY, INDEPENDENT MEDIA, AND THE RULE OF LAW.
Of the amounts made available to carry out the provision of chapter 11 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 2295 et seq.) and the FREEDOM Support Act for fiscal year 2003, $50,000,000 is authorized to be available for the activities authorized by paragraphs (2) and (3) of section 498 of the Foreign Assistance Act of 1961, as amended by section 4(a) of this Act.
SEC. 7. PRESERVING THE ARCHIVES OF HUMAN RIGHTS ACTIVIST AND NOBEL PEACE PRIZE WINNER ANDREI SAKHAROV. (a) AUTHORIZATION.--The President is authorized, on such terms and conditions as the President determines to be appropriate, to make a grant to Brandeis University for an endowment for the Andrei Sakharov Archives and Human Rights Center for the purpose of collecting and preserving documents related to the life of Andrei Sakharov and the administration of such Center. (b) FUNDING.--There is authorized to be appropriated to the President to carry out subsection (a) not more than $1,500,000.
SEC. 8. EXTENSION OF LAW.
The provisions of section 108(c) of H.R. 3427, as enacted by section 1000(a)(7) of Public Law 106-113, shall apply to United States contributions for fiscal year 2003 to the organization described in section 108(c) of H.R. 3427.
Amend the title so as to read: ``An Act to make available funds under the Foreign Assistance Act of 1961 to expand democracy, good governance, and anti-corruption programs in the Russian Federation in order to promote and strengthen democratic government and civil society and independent media in that country.''.
The SPEAKER pro tempore. Pursuant to the rule, the gentleman from New Jersey (Mr. Smith) and the gentlewoman from California (Ms. Watson) each will control 20 minutes.
The Chair recognizes the gentleman from New Jersey (Mr. Smith).
Mr. SMITH of New Jersey. Mr. Speaker, I ask unanimous consent that all Members may have 5 legislative days in which to revise and extend their remarks on the bill under consideration.
The SPEAKER pro tempore. Is there objection to the request of the gentleman from New Jersey?
There was no objection.
Mr. SMITH of New Jersey. Mr. Speaker, I yield myself such time as I may consume.
This bill, the Russian Democracy Act, ensures that American assistance will continue to be available to help strengthen and consolidate democracy in the Russian Federation. While this seems to be a routine measure, we should take a few minutes to note what this bill represents. The mere fact that we can talk of democracy in Russia as a reality in the present and not some dim prospect in the hazy future is one of the many wonders of the past decade that have grown familiar and now is largely taken for granted. Its existence, however, is a testament to the deep commitment to fundamental values shared by peoples all over the world.
Mr. Speaker, this bill before us represents an important part of the effort to continue that democratization. It focuses our attention and assistance on many of the prerequisites of a free and a prosperous society, including the creation of a resilient civil society, the strengthening of an independent press, and the establishment of the rule of law.