The Russian Government Violates Its Security, Economic, Human Rights Commitments and Agreements

The Russian Government Violates Its Security, Economic, Human Rights Commitments and Agreements

Hon.
Christopher H. Smith
United States
House of Representatives
114th Congress Congress
First Session Session
Thursday, October 22, 2015

Mr. Speaker, yesterday I chaired a hearing of the Helsinki Commission that examined the Russian government’s repeated violations of its international security, economic, and human rights commitments. 

In accord with the three dimensions of security promoted by the OSCE and the Helsinki Final Act of 1975, the Commission looked at Russia’s respect for the rule of law through the lens of three ‘‘case studies’’ current to U.S.-Russian relations—arms control agreements; the Yukos litigation; and instances of abduction, unjust imprisonment, and abuse of prisoners. 

Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act. 

At stake is the hard-won trust between members—now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails. 

In respect of military security, under the 1994 Budapest Memorandum Russia reaffirmed its commitment to respect Ukraine’s independence, sovereignty, and existing borders. Russia also committed to refrain from the threat or use of force or economic coercion against Ukraine. There was a quid pro quo here: Russia did this in return for transferring Soviet-made nuclear weapons on Ukrainian soil to Russia. 

Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act. It appears these are not isolated instances. In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments such as the Vienna Document and binding international agreements, including the Conventional Forces in Europe (CFE), Intermediate Nuclear Forces (INF), and Open Skies treaties. 

In respect of commercial issues, the ongoing claims regarding the Russian government’s expropriation of the Yukos Oil Company are major tests facing the Russian government. In July 2014, GML Limited and other shareholders were part of a $52 billion arbitration claim awarded by the Hague Permanent Court of Arbitration and the European Court of Human Rights (ECHR). 

In response, the Russian government is threatening to withdraw from the ECHR and seize U.S. assets should American courts freeze Russian holdings on behalf of European claimants, while filing technical challenges that will occupy the courts for years to come. All of this fundamentally calls into question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms such as that of the Hague. 

I note that U.S. Yukos shareholders are not covered by the Hague ruling for their estimated $6 billion in losses. This is due to the fact that the United States has not ratified the Energy Charter Treaty, under which European claimants won their case, as well as the continued absence of a bilateral investment treaty with Russia. This has handicapped U.S. investors in Russia’s energy sector, leaving them solely dependent of a State Department espousal process with the Russian government. 

We were all relieved to learn that Mr. Kara-Murza is recovering from the attempt on his life—by poisoning—in Russia earlier this year. His tireless work on behalf of democracy in Russia, and his personal integrity and his love of his native country is an inspiration—it is true patriotism, a virtue sadly lacking among nationalistic demagogues. 

Sadly, the attempt on Mr. Kara-Murza’s life is not an isolated instance. Others have been murdered—most recently Boris Nemtsov—and both his and Mr. Kara-Murza’s cases remain unsolved. 

In other cases, such as the abductions, unjust imprisonments, and abuses of Nadiya Savchenko, Oleg Sentsov, and Eston Kohver, we are dealing the plain and public actions of the Russian government. Nadiya Savchenko, a Ukrainian pilot and elected parliamentarian, was abducted by Russian government agents, imprisoned, subjected to a humiliating show trial, and now faces 25 years in prison for allegedly murdering Russian reporters—who in fact were killed after she was in Russian custody.  Meanwhile, a Russian court has sentenced Ukrainian film director Oleg Sentsov on charges of terrorism. Tortured during detention, Sentsov’s only transgressions appear to be his refusal to recognize Russia’s annexation of the peninsula and his effort to help deliver food to Ukrainian soldiers trapped on their Crimean bases by invading Russian soldiers. And the kidnaping and subsequent espionage trial against Estonian law enforcement officer Eston Kohver demonstrates the Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders. 

The Magnitsky Act that I had the honor to co-sponsor was in part meant to address human rights abuses such as these. It sanctions those involved in the abuse, and works to discourage further human rights violations while protecting those brave enough to call attention to their occurrence. It troubles me greatly to hear that the Administration’s listings of sanctioned individuals has thus far only targeted ‘minor players,’ rather than those who pull the strings.  

Leadership: 
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I go back to my early days in the House of Representatives, when the Soviet Union still existed and the challenges of Soviet Jews trying to emigrate from the Soviet Union. It was the Helsinki Commission that was one of the leading voices to help deal with Soviet Jews. I think about trafficking-in-persons, modern-day slavery, and the efforts that the United States did in leading that effort, including passing landmark legislation in trafficking in persons and establishing a rating system where every country in the world is rated on how well they are dealing with fighting trafficking. Now this has become the model, and so many countries have acted. It was the U.S. Helsinki Commission that led the effort for what Congress was able to pass and the international effort in order to fight trafficking-in-persons. I think about the perpetrators of war crimes and crimes against humanity and genocide, and recognize that it was the Helsinki Commission that pushed to hold those who were responsible for these atrocities accountable, particularly as it related to the Balkan conflict. Then I think about the landmark legislation that was passed in the Congress that deals with sanctions against human rights violators, first the Magnitsky sanctions and then the Global Magnitsky sanctions. It came out of hearings from the Helsinki Commission and legislation that we authored. It is not only the standard here in the United States. It has been adopted as the standard in Europe, in Canada, and in other countries, to make it clear that human rights violators will not be able to hide their illicit funds in our banking system or visit our country. Perhaps our strongest contribution is the oversight hearings that we hold. We also passed the Elie Wiesel Atrocities Prevention Act. But just last week we had a hearing in the Helsinki Commission on how we can prevent atrocities from occurring in the first place. So I am very proud of the accomplishments of the commission. Part of the responsibilities of every member state of the OSCE is that we have the right to challenge any State’s compliance with the Helsinki Final Act Accords. So it is our responsibility to challenge when Russia violates those provisions or when we see violations in Turkey—any member State, we can challenge. But we also have to do our own self-evaluation. As Chairman of the commission, I have been using that opportunity to question conduct in our own country when it does not match the responsibilities that we should have. We saw that in the past in regard to the torture issues in Guantanamo Bay. My participation in the Helsinki Commission goes back to my early days in the House of Representatives and some of my proudest moments of representing our country on the international stage. Let me just give you a few examples. In February 1991, I joined a fact-finding mission to Latvia, Lithuania, and Estonia. That is when the Soviet tanks were in Vilnius. That is when the Soviet Union was demonstrating oppression against the people of the Baltic States. It was a very sad moment of oppression, and we went there to stand up for the people of the region, to let them know that the United States never recognized the Soviet’s occupation of the Baltic States, and that we stood with the people and their independence. It was very interesting. We went from there to Moscow, and Mikhail Gorbachev didn’t want to have anything to do with us. He wouldn’t have a meeting with us, and he wouldn’t acknowledge that we were there. But we had a meeting with Boris Yeltsin, who at that time was the chair of the parliament, and we got great visibility. And Yeltsin supported our efforts to condemn the Russian use of force. I have been to Germany several times. My first trip on behalf of the Helsinki Commission was when it was a divided country, and we went to East Berlin. We were the voices for those oppressed people whose voices could not otherwise be heard, and we gave them hope that one day they would see freedom. I then returned when we were literally taking down the Berlin Wall, and I joined in taking down part of the Berlin Wall. I have part of that as a prized possession in my home. I have returned to Germany as a united country and see what a democratic Germany means and the work of our commission to bring down the Iron Curtain. Germany is now a leading democratic state and a great ally of the United States. I have been to Kyiv, Ukraine, on several occasions. I was there during the Maidan protests, where the people demanded democracy. And then I had a chance to return and monitor the elections in Ukraine with Senator Portman—again, a country that has been able to rid itself of the oppression of the Soviet Union. I have been very active in the Helsinki Commission in regards to the Parliamentary Assembly. I chaired one of their three standing committees. I had a chance to become Vice-President at the Parliamentary Assembly. Today, I acknowledge Senator Wicker, who is Vice-President. It points out the bipartisan nature of the Helsinki Commission and our work on the international platform.

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Her deep expertise, which she has honed over decades of work, is renowned both among policy professionals in the United States and in the countries of Central Europe that she followed for the commission. Erika is one of our nation’s top experts on Europe’s most vulnerable communities. She is a leading voice on Roma rights—Europe’s largest minority, with significant populations also in the United States. I have joined Erika in the crusade to speak up for the Roma population, a group that has been denied citizenship in so much of Europe. What a difference she has made in their lives. Erika has worked with Members of Congress, the Department of State and the Organization for Security and Cooperation in Europe (OSCE) to address issues ranging from the enslavement and sterilization of Roma to a permanent memorial in Berlin dedicated to the Sinti and Roma victims of the Nazi regime, to annual recognition of International Roma Day. She has brought to my attention the candidacy of Ethel Brooks to be the first Roma board member of the U.S. Holocaust Memorial Museum. I know that Erika will continue to bring Roma perspective and history on the Holocaust to further the tolerance, education, and human rights work of the museum. I have the honor of representing the Senate on the Holocaust Memorial Museum board, and I can tell you that Erika is so deeply respected by the professionals at that museum for the work she has done in furthering the goal of that institution to prevent atrocities against any groups of people. Erika has long been one of my top advisers on the Holocaust restitution and Europe’s Jewish community. She has worked closely with me over the years to raise concerns about the rise of Holocaust revisionism in countries like Hungary and Poland; to foster implementation of the Terezin Declaration on Holocaust Era Assets measures to right the economic wrongs that accompanied the Holocaust; and to hold accountable a French railway that transported thousands of Holocaust victims to their deaths. She worked on all of these issues and made significant progress. Erika has been instrumental in ensuring that the Helsinki Commission works to hold the United States accountable for our own human rights record, examining U.S. policies and conduct concerning Guantanamo Bay detention camps and U.S. policy regarding torture. Erika’s counsel greatly assisted me in my role as the Parliamentary Assembly of the OSCE’s Special Representative on Anti-Semitism, Racism, and Intolerance, where I was focused on human rights and justice here at home and across the expanse of the 57 participating States of the OSCE. From the plight of African Americans and Muslims to migrants and refugees, Erika has been integral to the Helsinki Commission’s mandate of upholding the myriad of human rights commitments defined in the Helsinki Final Act and subsequent OSCE agreements. In addition to her many professional milestones and achievements, Erika retires from the commission having left a deeply personal mark on those she worked with, from diplomats and civil servants to the staff of the Helsinki Commission. She is a natural teacher with a gift of taking a complex issue and distilling it in a way that makes it both relevant and accessible. Erika has taught our diplomats at the Foreign Service Institute and spoken at international meetings and at universities across the nation and around the world. She displayed her exceptional teaching ability at the Department of State’s annual training program on Roma rights, and she has ensured that Roma civil society groups could also participate. She has actively sought out dialogue and collaboration with new colleagues to help deepen their understanding of the Helsinki Commission’s role, of the challenges the commission could usefully seek to address abroad, and of the unique tools at its disposal to do just that. Erika is always quick to ask about a colleague’s well-being or inquire after a family member’s well-being. She has fostered collegiality among the Commission’s staff through her unfailing kindness and good nature. In so doing, she has repeatedly demonstrated how deeply she cares, not just for the work she has dedicated her career to, but also for the people whose great privilege it is to call her a colleague and a friend. I will say on a personal basis that I have benefited so much from her friendship, from her understanding, from her strategic thinking, from where we can make a difference. We know there are a lot of problems around the world. We know we can’t settle all the issues. But Erika helped us focus on areas where we can make a difference, and thanks to her input, we have made a difference. I know I speak on behalf of all Helsinki Commission members and staff and scores of other individuals—many who may not know her name—and groups concerned about advancing human rights around the globe and here at home when I say how we will miss Erika. Henry David Thoreau said: ‘‘Aim above morality. Be not simply good; be good for something.’’ Erika has embodied that maxim in her professional career and in her life. She has made an enormous difference, and she will continue to do so. I wish her all the best with respect to her future endeavors. I know we will continue to hear from her. Thank you, Erika, for the way you served the commission, our country, and the global community.

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  • Cardin, Wicker Slam Moscow Ruling That Designates Navalny Organizations as “Extremist”

    WASHINGTON—In response to the recent ruling by a Moscow court designating organizations founded by Alexei Navalny as “extremist,” Helsinki Commission Chairman Sen. Ben Cardin (MD) and Ranking Member Sen. Roger Wicker (MS) issued the following joint statement: “We are disturbed by this blow against one of the last vestiges of Russian civil society. Alexei Navalny and his supporters—and seemingly any Russian who puts themselves at risk to expose the corruption of the Putin regime and oppose its cruel repressions—are not ‘extremists.’ They are true Russians who love their country and desire freedom and opportunity for their fellow citizens. No law can extinguish the bright hope of these people for a better future. “Even so, anyone who has had a close—or even tangential—relationship to Alexei Navalny, his now-disbanded organizations, or his initiatives is now in greater danger than ever. By taking these additional steps to eliminate his last remaining opposition, Vladimir Putin continues to distance his country from the rule of law and anything that might resemble a free and fair election process.” On June 9, the Moscow City Court ruled that Alexei Navalny’s Anti-Corruption Foundation and its regional networks would henceforth be considered “extremist” organizations. Activists involved with the organizations could face significant prison terms, but penalties could apply to anyone who donated to them or even shared the groups’ materials on social media. Russian-language news outlets reporting on the subject are now required to mention this designation. On June 4, Vladimir Putin signed a law preventing members of organizations declared “extremist” or “terrorist” by Russian courts from running for office for up to five years. Russia’s parliamentary elections are scheduled to take place in September 2021; presidential elections will follow in 2024. Alexei Navalny has been in prison since January 2021, when he returned from medical care in Germany where he was recuperating from being poisoned by a military-grade toxin administered to him in Russia. In December, 44 signatories of the Chemical Weapons Convention, including the United States, Britain and every country of the European Union issued a joint statement calling on Russia to investigate the poisoning and cooperate with technical experts from the Organization for the Prohibition of Chemical Weapons.  

  • Helsinki Commission Leadership Joins Inter-Parliamentary Discussion on Human Rights

    On May 25, 2021, the U.S. Helsinki Commission joined the House Foreign Affairs Committee and European Parliament Subcommittee on Human Rights at the launch event for the EU - US Strategic Inter-Parliamentary Consultation on Human Rights. The inter-parliamentary discussion focused on global human rights sanctions regimes, values-based foreign policy, and opportunities for transatlantic cooperation. Helsinki Commission Chairman Sen. Ben Cardin (MD) emphasized the impact of the Global Magnitsky Act in facilitating accountability by sanctioning the world’s worst human rights abusers, preventing them from entering the United States, and freezing their U.S. assets. Sen. Cardin congratulated the European Union for passing a global human rights sanctions regime and suggested two modifications: first, that sanctions target corruption, which tends to fuel human rights abuses; and second, that the European Union pursues individuals that materially assist human rights abusers, including lawyers, accountants, money launderers, and reputation launderers. Sen. Cardin also identified the need to consider diplomatic measures outside of sanctions, such as a mechanism to evaluate countries’ progress in combatting corruption, similar to the U.S. Trafficking in Persons regime. U.S. Helsinki Commissioner Rep. Steve Cohen (TN-09)—who also serves as chairman of the U.S. House Judiciary Committee Subcommittee on the Constitution, Civil Rights and Civil Liberties—advised that U.S.-EU cooperation will further strengthen the Magnitsky Act and the effectiveness of human rights sanction regimes. Cohen also emphasized the bipartisan support for human rights in the United States. Members of the European Parliament expressed optimism that increasing U.S.-EU coordination on human rights protections will strengthen overall impact. Rep. Bill Keating (MA-09) recognized that the democratic values shared between the United States and European Union can help fight rising authoritarianism and democratic backsliding. Greens Member of the European Parliament Committee on Foreign Affairs and of the EP Subcommittee on Human Rights Jordi Solé (Spain) emphasized the importance of consistency in the U.S. and EU approach to promoting human rights in order to ensure the sanctions mechanism is credible and useful. He also raised the importance of examining the role of the private sector in supporting human rights. U.S. Helsinki Commissioner Rep. Gwen Moore (WI-04) affirmed the importance of supporting emerging democracies and addressing corruption in private industry. Moore acknowledged the one-year anniversary of George Floyd’s murder and noted that the United States should not raise human rights concerns abroad in foreign policy without examining its own adherence to those principles. Rep. Gerry Connolly (VA-11), President of the NATO Parliamentary Assembly, suggested that NATO should actively prioritize democracy promotion, democratic values, and human rights. To close the discussion, Chair of the European Parliament Subcommittee on Human Rights Maria Arena (Belgium) and Rep. Moore highlighted possible initiatives for future U.S.-EU cooperation: coordinated response to human rights abuses in Belarus; cooperation with private industry to protect human rights; cooperation with Afghan NGOs and women’s associations as the U.S. military withdraws from the country; determination of parliamentary diplomacy’s role in addressing human rights abuses; and implementation of measures within the participating States to mitigate democratic backsliding in the West, which would include addressing systemic racism.

  • Swedish Foreign Minister Ann Linde to Appear at Helsinki Commission Online Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: SWEDEN’S LEADERSHIP OF THE OSCE Priorities for 2021 Friday, June 11, 2021 9:15 a.m. to 10:15 a.m. Watch Live: https://www.youtube.com/HelsinkiCommission In 2021, Sweden chairs the world’s largest regional security organization—the Organization for Security and Cooperation in Europe (OSCE)—which comprises 57 participating States stretching from North America, across Europe, and to Central Asia and Mongolia. Even as the OSCE begins to emerge from the global COVID-19 pandemic, it is tackling other critical challenges, including Russia’s ongoing aggression in Ukraine, protracted conflicts in Moldova and Georgia, and the pursuit of a lasting and sustainable peaceful settlement of the Nagorno-Karabakh conflict through the framework of the Minsk Group. Meanwhile, several countries are deliberately spurning their OSCE commitments to human rights, democracy, and the rule of law. Participating States including Russia, Belarus, and Turkey not only stifle dissent in their own countries but also seek to undermine the OSCE’s work defending fundamental freedoms and curtail civil society’s participation in OSCE activities. Other shared challenges include combating human trafficking, countering terrorism and corruption, and protecting vulnerable communities, including migrants, from discrimination and violence. At this virtual hearing, Swedish Foreign Minister and OSCE Chairperson-in-Office Ann Linde will discuss Sweden’s priorities for 2021 and address current developments in the OSCE region.

  • Helsinki Commission Commemorates 45 Years of Advancing Comprehensive Security in the OSCE Region

    WASHINGTON—To commemorate the 45th anniversary of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, on June 3, Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “The Helsinki Commission has played a vital role in elevating the moral dimension of U.S. foreign policy and prioritizing the protection of fundamental freedoms in our dealings with other nations,” said Chairman Cardin. “From fighting for fair treatment of Jews in the Soviet Union, to developing landmark legislation to address human trafficking, to demanding sanctions on human rights violators and kleptocrats, and so much more, the commission consistently has broken new ground.” “For 45 years, the commission has flourished as a bipartisan and bicameral platform for collaboration within the federal government. Its purpose is not to support a specific party or administration, but instead to advance transatlantic cooperation, promote regional security and stability, and hold OSCE participating States accountable to their promises,” said Sen. Wicker. “Our commissioners’ united front against threats to democracy and human rights worldwide has become a pillar of U.S. international engagement.” “I am grateful to have experienced the crucial role played by U.S. engagement in the Helsinki Process, both as an election observer in Bulgaria in 1990, and later as a lawmaker and commissioner,” said Rep. Wilson. “The Helsinki Commission is unique in its ability to adapt to evolving global challenges. The defense of human rights and democracy looks different now than it did during the Cold War, but we continue to unite over the same resilient principles and commitment to fundamental freedoms.” On June 3, 1976, U.S. President Gerald Ford signed the Helsinki Commission into existence through Public Law 94-304 to encourage compliance with the Helsinki Final Act of 1975—the founding document that lays out the ten principles guiding the inter-state relations among today’s OSCE participating States. The agreement created new opportunities to engage with European partners on human rights, cooperative security, economic opportunities, and territorial disputes, and the commission played an integral role in ensuring that human rights became a key component of U.S. foreign policy. Forty-five years after its founding, the Helsinki Commission continues to engage with participating States to confront severe and persistent violations of human rights and democratic norms. Since its establishment, the Helsinki Commission has convened more than 500 public hearings and briefings. It regularly works with U.S. officials in the executive branch and Congress to draw attention to human rights and security challenges in participating States, including racism, anti-Semitism, and intolerance; corruption; human trafficking; and Russia’s persistent violations of the Helsinki Final Act in its relations with Ukraine and other OSCE countries.

  • Helsinki Commission Condemns Lukashenko Regime for Forced Landing of Commercial Jetliner Leading to Arrest of Raman Pratasevich

    WASHINGTON—Following Alexander Lukashenko’s order to divert and forcibly land a commercial plane in Minsk in order to arrest Belarusian activist and journalist Raman Pratasevich and civil society activist Sofia Sapega, Helsinki Commission Chairman Sen. Ben Cardin (MD), Commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02), and Commissioner Richard Hudson (NC-08) issued the following statements: “Dictators like Alexander Lukashenko increasingly seek to use extraterritorial surveillance, intimidation, harassment and even assassination against their political opponents,” said Chairman Cardin. “The kidnappings of Raman Pratasevich and Sofia Sapega from a commercial aircraft illegally forced by military aircraft to land in Minsk creates a precedent of terror that, if unchecked, could limit dissidents’ ability to travel freely. An international crime of this magnitude, engineered by the self-styled leader of Belarus, requires a strong international response, starting with Magnitsky sanctions on those involved.” “Lukashenko has already rigged elections, restricted freedoms, and repressed thousands of Belarusians. He has stooped to a new and alarming low by using military aircraft to force down a civilian airliner,” said Sen. Wicker. “He will only continue escalating his attempts to retain power unless he faces real consequences for his actions. We should develop a full-spectrum strategy against transnational repression to deter such brazen actions by dictators.” “The shocking abduction of Raman Pratasevich demonstrates that Alexander Lukashenko will do almost anything to silence perceived opposition,” said Rep. Wilson. “We demand that Lukashenko release all political prisoners without exception, and end his attacks against journalists, civil society, and all Belarusians peacefully exercising their rights.” “Holding civilian passengers hostage by creating a false threat and forcing a plane to land is an act of state terrorism,” said Rep. Hudson. “Unfortunately, we now have proof that Lukashenko’s dictatorship is a grave threat not only to Belarusians, but to the rest of the world. His regime should be treated as the rogue state that it is.” On May 23, a Ryanair plane flying from Athens to Vilnius carrying over 120 passengers was notified of a bomb threat, met by a Belarusian military jet, and forced to land in Minsk. The bomb threat was false, and upon landing, Belarusian authorities detained journalist Raman Pratasevich and Sofia Sapega, a Russian citizen studying in law at the European Humanities University, which was forced out of Belarus in 2004 and has relocated to Vilnius. Each could face up to 15 years in prison. Pratasevich, who had been living abroad for his safety since 2019, is a co-founder of the NEXTA Live Telegram channel, which has extensively covered this past year’s protests in Belarus and serves as a coordination hub for opposition activity. Belarusian authorities declared NEXTA an “extremist” outlet in October 2020. On May 24, video footage of Pratasevich appeared on Telegram, in which he states that his health is fine, the authorities have treated him lawfully, and that he is cooperating with them in their investigation. The Belarusian KGB is known for producing such videos of forced confessions. Lukashenko has crushed independent media and jailed journalists, activists, and political opponents in unprecedented numbers since Belarus’ falsified presidential elections in August 2020.

  • Preventing Mass Atrocities

    The mass atrocities and genocides committed in twentieth-century Europe spurred a worldwide consensus that there is a responsibility among states to both prevent and punish such heinous acts. The U.S. Helsinki Commission convened its first hearing of the 117th Congress on May 13, 2021 to examine the interests of the United States in taking an active role in preventing mass killings, war crimes, crimes against humanity, and genocide; review warning signs that indicate risks for atrocities; and discuss the challenges of building and sustaining alliances among states in support of atrocities prevention. Presiding over the hearing, Chairman Sen. Ben Cardin (MD) emphasized the international consensus behind the legal obligation to prevent and punish mass atrocity crimes—large-scale and deliberate acts on civilians that constitute acts of genocide, crimes against humanity, ethnic cleansing, and war crimes—and the responsibility of the United States to recognize and act on early warning signs. Witnesses included Timothy Snyder, the Richard C. Levin Professor of History at Yale University and a permanent fellow at the Institute for Human Sciences in Vienna, and Naomi Kikoler, the director of the Simon-Skjodt Center for the Prevention of Genocide at the U.S. Holocaust Memorial Museum. Snyder offered four recommendations to shape prevention-based policies against mass atrocities. First, foreign correspondents should be present abroad to provide reliable information, as widespread disinformation campaigns often take place before mass atrocities. Second, policymakers should aim to stem panic and assure that citizens can attain necessary resources—at the beginning of a mass atrocity, there is often a sense of scarcity and urgency. Third, prevention policies should focus on strengthening governments and civil society, as mass atrocities often occur in weak states. Fourth, the United States must embody human rights; in recent history, the weaponization of history has increased the risk of mass atrocities. Once states resort to military force to stop mass atrocities, Snyder noted, it is already too late. Therefore, prevention is key. Kikoler testified that mass atrocities are preventable, and effective action based on early warning signs can track, disrupt, and prevent such crimes. Kikoler pointed to troubling signs in the OSCE region, including hate speech targeting ethnic and religious minorities, existing armed conflict, and the rise of authoritarian governance. She also differentiated between upstream risks and imminent warning signs. Kikoler also explained that atrocity prevention is in the best interest of the United States, as mass atrocities can have a devastating destabilizing effect on entire regions. She noted that although the U.S. leads the world in developing tools for atrocity prevention, these tools can still be improved. Discussing the importance of holding those responsible for atrocities accountable, Snyder explained that accountability should extend beyond prosecution to include reputational and financial costs. Kikoler stressed the need to identify gaps in the atrocity prevention architecture, including those in domestic legislation criminalizing the commission of crimes against humanity. Chairman Cardin asked the witnesses for suggestions on improving implementation of the Elie Wiesel Genocide and Atrocities Prevention Act and for suggestions for legislative change. Kikoler recommended that when the next report is released, Congress should convene a hearing and ask the Department of State to review prevention strategies established to address the risks articulated for given states in the report. In addition, she proposed an annual briefing by the intelligence community to Congress on countries that may be at risk of genocide, and expanded atrocity prevention training for Foreign Service Offices in countries deemed at-risk. With support from Kikoler, Snyder suggested an award from American journalists who report on genocide and genocide prevention, or a fellowship providing funding to young Americans interested in reporting on countries at risk. Both witnesses drew attention to the courageous examples of Gareth Jones and Jan Karski, who reported on the Soviet-made famine in Ukraine and the Holocaust, respectively. To conclude the hearing, Chairman Cardin discussed the importance of learning from accurate history, understanding the role of non-governmental organizations in providing information on local communities, and correctly identifying the victim. He also reiterated the responsibility of policymakers to make atrocity prevention a priority in U.S. foreign policy. Related Information Witness Biographies Press Release: Senate Passes Cardin, Young Bipartisan Bill to Bolster U.S. Leadership in Genocide and Atrocity Prevention

  • Wicker, Cardin Reintroduce Bill to Fight INTERPOL Abuse

    WASHINGTON—Helsinki Commission Ranking Member Sen. Roger Wicker (MS) and Chairman Sen. Ben Cardin (MD) today reintroduced the Transnational Repression Accountability and Prevention (TRAP) Act to counter the politically-motivated abuse of INTERPOL by authoritarian regimes. The bill would establish U.S. priorities for responding to INTERPOL abuse and promoting reform within INTERPOL, improve the U.S. response to fraudulent use of INTERPOL mechanisms, and protect the U.S. justice system from INTERPOL abuse. “Autocratic states like Russia and China for years have abused Red Notices from INTERPOL to punish their political enemies,” Sen. Wicker said. “The United States and other democracies should not have to remain complicit in this global assault on the rule of law. The TRAP Act would push for due process at INTERPOL and codify regulations that prevent American law enforcement from doing the dirty work of repressive autocrats.” “Autocrats increasingly seek to silence opposition beyond their borders—and INTERPOL has become one of their primary tools to harass and silence independent voices,” said Chairman Cardin. “The United States must ensure that dissidents and whistleblowers seeking refuge in the U.S. are beyond the reach of the authoritarian regimes that seek to punish them, even within the United States. The TRAP Act would be a major step forward in countering such authoritarian transnational repression.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. Original cosponsors of the legislation include Helsinki Commission members Sen. Thom Tillis (NC), Sen. Sheldon Whitehouse (RI), and Sen. Marco Rubio (FL). Sen. Ed Markey (MA), Sen. Mike Rounds (ND), and Sen. Chris Van Hollen (MD) also are original cosponsors.

  • Helsinki Commission Hearing to Examine Prevention of Mass Atrocities

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online hearing: PREVENTING MASS ATROCITIES Thursday, May 13, 2021 9:30 a.m. Watch Live: www.youtube.com/HelsinkiCommission The mass atrocities and genocides committed in twentieth-century Europe spurred a worldwide consensus that there is a responsibility among states to both prevent and punish such heinous acts. At this online hearing, witnesses will discuss why it is in the best interests of the United States to take an active role in preventing mass killings, war crimes, crimes against humanity, and genocide; warning signs that indicate risks for atrocities; and the challenges of building and sustaining alliances among states in support of atrocities prevention. The following witnesses are scheduled to testify: Professor Timothy Snyder, Richard C. Levin Professor of History, Yale University Naomi Kikoler, Director, Simon-Skjodt Center for the Prevention of Genocide, United States Holocaust Memorial Museum

  • Cardin, Hudson Pledge Support to Ukraine in Bilateral Call Between OSCE PA Delegations

    WASHINGTON—In response to increased Russian aggression against Ukraine, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Commissioner Rep. Richard Hudson (NC-08) initiated an exceptional bilateral meeting with members of the Ukrainian Delegation to the OSCE Parliamentary Assembly (OSCE PA) on April 30.  Chairman Cardin, who serves as Head of the U.S. Delegation to the Assembly, and Rep. Hudson, who is a member of the delegation and chairs the OSCE PA’s General Committee on Political Affairs and Security, sought the meeting to express the support of the United States for Ukraine’s territorial integrity and sovereignty and to solicit the Ukrainian lawmakers’ perspectives on the ongoing crisis. Ukrainian participants included parliamentarians Mykyta Poturaiev (Head of Delegation) and Artur Gerasymov (Deputy Head of Delegation).  The exchange, which focused on the recent massing of Russian forces on Ukraine’s eastern border and in occupied Crimea, and the closure by Russia of parts of the Black Sea and the Azov Sea, also covered topics including: The militarization of occupied Crimea and widespread violations of fundamental freedoms there, with particular persecution directed toward Crimean Tatars The Crimean Platform, a Ukrainian diplomatic initiative to mobilize world leaders to raise the cost of Russia’s occupation of the peninsula, with the ultimate goal of de-occupation The effects of the Nord Stream 2 pipeline on Russian influence in Europe  The importance of continued reform processes in Ukraine, including in ensuring the rule of law and the independence of the judiciary and of Ukraine’s anti-corruption bodies Chairman Cardin and Rep. Hudson reiterated Congress’ strong and bipartisan support for the sovereignty and territorial integrity of Ukraine. Chairman Cardin underscored that the United States stood with Ukraine in the face of Russian aggression, which “violated every principle of the Helsinki Final Act,” he stated. He added that the Ukraine Security Partnership Act unanimously approved by the Senate Foreign Relations Committee on April 21 codified the U.S. security commitment to Ukraine and support for the Crimean Platform initiative, among other measures designed to strengthen the bilateral relationship. The United States remained “strongly and firmly united in our support for Ukraine,” Rep. Hudson said, pledging continued resolve in ensuring this message was clear to Russian authorities. Hudson, recalling a statement issued in his capacity as OSCE PA committee chair on April 7, also expressed readiness to engage fully in the parliamentary dimension of the Crimean Platform. In addition, the U.S. and Ukrainian delegates discussed plans for the 2021 Annual Session to be held remotely in late June and early July. 

  • Helsinki Commission Digital Digest: April 2021

  • Helsinki Commission Leaders Call for Action to Support Navalny

    WASHINGTON—In response to the precarious health of Russian opposition leader Alexei Navalny in prison, threats to the future operation of his organization, and recent detentions of protestors calling for his release, Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following statements: “The world is watching in horror as Alexei Navalny wastes away in a Russian prison cell, while being inspired by the bravery of Russians who came out to the streets to support him,” said Chairman Cardin. “The Biden administration should  continue to raise the cost on Vladimir Putin and his remaining allies for this most recent attempt to intimidate those who would take up Navalny’s call to action by challenging the Kremlin’s corruption and standing up for their own freedom.” “Alexei Navalny was lucky to survive one assassination attempt, but he returned to his homeland in a powerful example of civic courage,” said Sen. Wicker. “Now as he suffers once again in a Russian prison, we should consider Mr. Navalny’s suggestion of sanctioning those closest to Vladimir Putin—including notorious oligarchs like Roman Abramovich, Alisher Usmanov, Igor Shuvalov, and Nikolay Tokarev. We will be monitoring his condition carefully.” “By jailing Alexei Navalny, branding his anti-corruption organization as ‘extremist,’ and targeting supporters of a free Russia, the Kremlin reveals its contempt for the fundamental rights of the Russian people,” said Rep. Wilson. “This is simply the latest attempt by Vladimir Putin to cling to power and it will ultimately fail.” In August 2020, Alexei Navalny was the victim of an assassination attempt by FSB that used a Russia-developed chemical weapon in the Novichok family. He spent months recovering after being flown to Berlin for treatment. Navalny returned to Moscow on January 17, 2021, and immediately was arrested. Navalny is serving two years and eight months at one of Russia’s most notorious penal colonies, about three hours east of Moscow. He is accused of violating the terms of a suspended sentence related to a 2014 case that is widely considered to be politically motivated. He has severe back pain and numbness in his extremities. Prison authorities have prohibited him from seeing his own doctors, but recently allowed him to be examined outside the prison by independent physicians. Navalny spent three weeks on a hunger strike to protest his lack of access to an outside doctor and remains in critical condition. On April 16, the Moscow prosecutor’s office asked the Moscow City Court to label Navalny’s Anti-Corruption Foundation and its regional headquarters, as well as his Citizens’ Rights Protection Foundation, as “extremist” organizations. If approved as expected, it will essentially outlaw these groups and criminalize their activity. On April 21, thousands of protestors came out across Russia in support of Navalny. More than 1,000 people were detained, including members of the press.

  • Helsinki Commission Leaders Troubled by Kyrgyzstan’s New Constitution

    WASHINGTON—Following the adoption of a new constitution in Kyrgyzstan on April 11, U.S. Helsinki Commission Chairman Sen. Ben Cardin (MD) and commission leaders Sen. Roger Wicker (MS) and Rep. Joe Wilson (SC-02) issued the following joint statement: “We are concerned that this new constitution will move Kyrgyzstan—long considered among the most democratic countries in Central Asia—toward authoritarian rule by concentrating power in the hands of the president, reducing the role of parliament, and minimizing checks and balances. “Vague provisions prioritizing the ‘moral and ethical values and public conscience of the people of the Kyrgyz Republic’ could be used to restrict human rights, including freedom of expression. We urge the Government of Kyrgyzstan to ensure that the country’s independent media and civil society can exercise their human rights and fundamental freedoms without interference.” The new constitution was approved via referendum, although voter turnout was low at just over 30 percent. President Sadyr Japarov, who took office after being freed from prison during unrest that followed a popular revolt sparked by fraudulent parliamentary elections last October, promoted the constitution’s stronger presidential role. Prior to the referendum, the OSCE Office for Democratic Institutions and Human Rights (ODIHR) and the Council of Europe’s Venice Commission jointly evaluated the draft constitution and concluded that the process adopting it did not follow the rule of law and took place with minimal public consultation or parliamentary debate, and that it raised “grave concerns over the lack of respect for the principles of the rule of law, separation of powers, and inherent lack of checks and balances.”

  • Cardin and Wicker on April 15 Sanctions Against Russia

    WASHINGTON—In response to President Biden’s Executive Order on harmful foreign activities of the Russian government and subsequent Treasury sanctions designations, Helsinki Commission Chairman Sen. Ben Cardin (MD) and Sen. Roger Wicker (MS) issued the following statements: “The Biden administration is holding Russia to account for its malign activities in a direct and transparent manner,” said Chairman Cardin. “I applaud the president for taking bold action in response to Russia’s cyberattacks, election interference, its occupation of Crimea, the war it started in eastern Ukraine, and overall human rights abuses and weaponization of corruption. The president should continue to be frank with Russia about the consequences for their actions. We will need to stay the course and continue to use the Magnitsky Act and executive authority to further contain this dangerous regime.” “I welcome all efforts to hold Vladimir Putin accountable for his violence at home and abroad, but this package leaves much to be desired,” said Sen. Wicker. “Instead of the bold action needed to change the Kremlin’s behavior, yesterday’s sanctions represent the latest in a series of incremental steps that exact minimal costs and will have minimal effect. The longer we wait to impose real consequences for Moscow’s bad acts, the longer the Russian people will continue to suffer under Putin’s brutal authoritarian regime.” On April 15, Treasury sanctioned 16 individuals and entities that attempted to influence the 2020 U.S. presidential elections on behalf of the Government of Russia. Along with the European Union, United Kingdom, Canada, and Australia, Treasury also designated five people and three entities in connection with Russia’s occupation of Crimea and human rights abuses there. Under the authority of a new Executive Order issued by President Biden, Treasury implemented new restrictions on the purchase of Russian sovereign debt as well as targeted sanctions on technology companies engaged in malicious cyber activities against the United States.

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