In Support of H.R. 6067 Rodchenkov Anti-Doping Act (RADA Act)

In Support of H.R. 6067 Rodchenkov Anti-Doping Act (RADA Act)

Hon.
Sheila Jackson Lee
Washington, DC
United States
House of Representatives
115th Congress
Second Session
Congressional Record, Vol. 164
No. 97
Tuesday, June 12, 2018

Mr. Speaker, earlier today I introduced H.R. 6067, the Rodchenkov Anti-Doping Act (‘‘RADA’’) because in the realm of international sports, it has become almost commonplace for too many athletes to yield to the temptation of bridging the gap between their own skill and the pinnacle of athletic achievement by resorting to performance enhancing drugs.

And to conceal this fall from grace, cheaters are employing increasingly sophisticated modes of masking the use of any proscribed drugs.

This practice, some of it state-sanctioned, undermines international athletic competition and is often connected to more nefarious actions by state actors.

This is why it is necessary for Congress to enact H.R. 6067, the bipartisan Rodchenkov Anti-Doping Act (‘‘RADA’’ Act)

The legislation I have introduced is bipartisan, and bears the name of courageous whistleblower Dr. Grigory Rodchenkov, a valiant man who revealed the true extent of the complex state-run doping scheme which permitted Russia to excel in the 2014 Sochi Winter Olympics, and which resulted in its ban from the 2018 Olympic Games.

While he was complicit in Russia’s state-run doping program, Dr. Rodchenkov regrets his role and seeks to atone for it by aiding the effort to clean up international sports and to curb the rampant corruption within Russia.

The RADA Act is a serious step towards cracking down on the use of performance-enhancing drugs in major international competition because it establishes criminal penalties and civil remedies for doping fraud.

A number of other nations, including Germany, Austria, Belgium, Denmark, France, Italy, Sweden, Switzerland, and Spain, have embraced criminal sanctions for doping fraud violations and it is time for the United States to be added to this list.

Doping fraud in major international competitions—like the Olympics, the World Cup and the Tour de France—is often linked with corruption, bribery and money laundering.

It is not just victory that criminals engaged in doping fraud snatch away from clean athletes—athletes depend on prize money and sponsorships to sustain their livelihoods.

The United States has a large role to play in ferreting out corruption in international sports.

Not only do U.S. athletes lose out on millions in sponsorships, but when a U.S. company spends millions to create a marketing campaign around an athlete, only to have that athlete later implicated in a doping fraud scandal, the damage to that company’s brand can cost tens of millions.

This has been the story of Alysia Montaño, a U.S. runner who competed in the 2012 Summer Olympics games in London and placed fifth place in the 800 meters behind two Russian women finishing first and third.

These women were later found to have engaged in doping fraud by the World Anti-Doping Agency, meaning that Ms. Montaño had rightfully finished third, which would have earned her a bronze medal.

Ms. Montaño estimates that doping fraud cost her ‘maybe half a million dollars, if you look at rollovers and bonuses, and that’s without outside sponsorship maybe coming in.’

She adds, ‘That’s not why you’re doing it, but you still deserve it.’ She certainly does. Until now, defrauded U.S. athletes and companies have had little recourse against doping fraud.

A recent article published by The New York Times titled ‘‘U.S. Lawmakers Seek to Criminalize Doping in Global Competitions’’ references the RADA as a step in the right direction toward criminalizing doping in international sports.

The RADA is an important step to stemming the tide of Russian corruption in sport and restoring confidence in international competition.

Mr. Speaker, I include in the RECORD the New York Times article published June 12, 2018 entitled ‘‘U.S. Lawmakers Seek To Criminalize Doping in Global Competitions’’, which cites RADA as a step in the right direction toward criminalizing doping in international sports.

[From the New York Times, June 12, 2018]

U.S. LAWMAKERS SEEK TO CRIMINALIZE DOPING IN GLOBAL COMPETITIONS (By Rebecca R. Ruiz)

United States lawmakers on Tuesday took a step toward criminalizing doping in international sports, introducing a bill in the House that would attach prison time to the use, manufacturing or distribution of performance-enhancing drugs in global competitions.

The legislation, inspired by the Russian doping scandal, would echo the Foreign Corrupt Practices Act, which makes it illegal to bribe foreign officials to gain a business advantage. The statute would be the first of its kind with global reach, empowering American prosecutors to act on doping violations abroad, and to file fraud charges of a different variety than those the Justice Department brought against top international soccer officials in 2015.

Although American leagues like Major League Baseball would not be affected by the legislation, which would apply only to competitions among countries, it could apply to a league’s athletes when participating in global events like the Ryder Cup, the Davis Cup or the World Baseball Classic.

The law would establish America’s jurisdiction over international sports events, even those outside of the United States, if they include at least three other nations, with at least four American athletes participating or two American companies acting as sponsors. It would also enhance the ability of cheated athletes and corporate sponsors to seek damages, expanding the window of time during which civil lawsuits could be filed.

To justify the United States’ broader jurisdiction over global competitions, the House bill invokes the United States’ contribution to the World Anti-Doping Agency, the global regulator of drugs in sports. At $2.3 million, the United States’ annual contribution is the single largest of any nation. ‘‘Doping fraud in major international competitions also effectively defrauds the United States,’’ the bill states.

The lawmakers behind the bill were instrumental in the creation of the 2012 Magnitsky Act, which gave the government the right to freeze financial assets and impose visa restrictions on Russian nationals accused of serious human rights violations and corruption. On Tuesday, the lawmakers framed their interest in sports fraud around international relations and broader networks of crime that can accompany cheating.

‘‘Doping fraud is a crime in which big money, state assets and transnational criminals gain advantage and honest athletes and companies are defrauded,’’ said Sheila Jackson Lee, Democrat of Texas, who introduced the legislation on Tuesday. ‘‘This practice, some of it state-sanctioned, has the ability to undermine international relations, and is often connected to more nefarious actions by state actors.’’

Along with Ms. Jackson Lee, the bill was sponsored by two other Congressional representatives, Michael Burgess, Republican of Texas, and Gwen Moore, Democrat of Wisconsin.

It was put forward just as Russia prepares to host soccer’s World Cup, which starts Thursday. That sporting event will be the nation’s biggest since the 2014 Sochi Olympics, where one of the most elaborate doping ploys in history took place.

The bill, the Rodchenkov Anti-Doping Act, takes its name from Dr. Grigory Rodchenkov, the chemist who ran Russia’s antidoping laboratory for 10 years before he spoke out about the state-sponsored cheating he had helped carry out—most notoriously in Sochi. At those Games, Dr. Rodchenkov said, he concealed widespread drug use among Russia’s top Olympians by tampering with more than 100 urine samples with the help of Russia’s Federal Security Service.

Investigations commissioned by international sports regulators confirmed his account and concluded that Russia had cheated across competitions and years, tainting the performance of more than 1,000 athletes. In early 2017, American intelligence officials concluded that Russia’s meddling in the 2016 American election had been, in part, a form of retribution for the Olympic doping scandal, whose disclosures Russian officials blamed on the United States.

Nations including Germany, France, Italy, Kenya and Spain have established criminal penalties for sports doping perpetrated within their borders. Russia, too, passed a law in 2017 that made it a crime to assist or coerce doping, though no known charges have been brought under that law to date.

Under the proposed American law, criminal penalties for offenders would include a prison term of up to five years as well as fines that could stretch to $250,000 for individuals and $1 million for organizations.

‘‘We could have real change if people think they could actually go to jail for this,’’ said Jim Walden, a lawyer for Dr. Rodchenkov, who met with the lawmakers as they considered the issue in recent months. ‘‘I think it will have a meaningful impact on coaches and athletes if they realize they might not be able to travel outside of their country for fear of being arrested.’’

The legislation also authorizes civil actions for doping fraud, giving athletes who may have been cheated in competitions—as well as corporations acting as sponsors—the right to sue in federal court to recover damages from people who may have defrauded competitions.

Ms. Jackson Lee cited the American runner Alysia Montaño, who placed fifth in the 800 meters at the 2012 Summer Olympics. Two Russian women who placed first and third in that race were later disqualified for doping, elevating Ms. Montaño years later. ‘‘She had rightfully finished third, which would have earned her a bronze medal,’’ Ms. Jackson Lee said, noting the financial benefits and sponsorships Ms. Montaño could have captured.

The bill would establish a window of seven years for criminal actions and 10 years for civil lawsuits. It also seeks to protect whistle-blowers from retaliation, making it illegal to take ‘‘adverse action’’ against a person because he or she has disclosed information about doping fraud.

Dr. Rodchenkov, who has lived in the United States since fall 2015, has been criminally charged in Russia after he publicly deconstructed the cheating he said he carried out on orders from a state minister.

‘‘While he was complicit in Russia’s past bad acts, Dr. Rodchenkov regrets his past role in Russia’s state-run doping program and seeks to atone for it by aiding the effort to clean up international sports and to curb the corruption rampant in Russia,’’ Ms. Jackson Lee said, calling Tuesday’s bill ‘‘an important step to stemming the tide of Russian corruption in sport and restoring confidence in international competition.’’

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    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: THE SCOURGE OF RUSSIAN DISINFORMATION Thursday, September 14, 2017 9:30 AM Dirksen Senate Office Building Room 562 Live Webcast: http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce091417 Russian disinformation is a grave transnational threat, facilitating unacceptable aggression by Russia both at home and across the 57-nation OSCE region.  Russian disinformation helps support rampant violations of OSCE norms by the Putin regime, ranging from internal human rights abuses to military intervention in neighboring states to interference in elections in several countries. The hearing will examine Russia’s efforts to spread disinformation, both domestically and abroad, as well as U.S. efforts to set the record straight with Russians, Ukrainians, and other speakers of Russian in the region.  Witnesses will also discuss the effectiveness of U.S. counter-measures across a variety of platforms; whether resources available correspond to the threat; and whether coordination amongst key players within the U.S. Government at the Department of State, Department of Defense, and USAID, and with European partners is adequate.  Finally, with German elections scheduled for September 24, one of the witnesses will highlight attempts by Russia to use NGOs and think tanks in Germany to try to influence the outcome. The following witnesses are scheduled to testify: John F. Lansing, Chief Executive Officer and Director, Broadcasting Board of Governors (BBG) Melissa Hooper, Director of Human Rights and Civil Society Programs, Human Rights First Molly McKew, CEO, Fianna Strategies

  • The 2017 Human Dimension Implementation Meeting: An Overview

    Each year,1 the OSCE Office for Democratic Institutions and Human Rights (ODIHR) organizes the Human Dimension Implementation Meeting (HDIM) in Warsaw, Poland. As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress.  The 2017 HDIM will be held from September 11 to September 22. Human Dimension Implementation Meeting 2017 The HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma.  Each year, three special topics are selected for a full-day review.  2017 special topics will be 1) ensuring “equal enjoyment of rates and participation in political and public life,” 2) “tolerance and nondiscrimination,” and 3) “economic, social and cultural rights as an answer to rising inequalities.”  This year’s meeting will take place at the Warsaw National Stadium (PGE Narodowy), the site of the NATO summit earlier this year. The meeting will be webcast live. Background on the Human Dimension Implementation Meeting When the Helsinki Final Act was signed in Finland in 1975, it enshrined among its ten Principles Guiding Relations between Participating States (the Decalogue) a commitment to "respect human rights and fundamental freedoms, including the freedom of thought, conscience, religion or belief, for all without distinction as to race, sex, language or religion" (Principle VII). In addition, the Final Act included a section on cooperation regarding humanitarian concerns, including transnational human contacts, information, culture and education. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as trafficking in human beings and refugees), and concerns relating to tolerance and nondiscrimination (e.g., countering anti-Semitism and racism). One of the innovations of the Helsinki Final Act was agreement to review the implementation of agreed commitments while considering the negotiation of new ones. Between 1975 and 1992, implementation review took place in the context of periodic “Follow-up Meetings” as well as smaller specialized meetings focused on specific subjects. The OSCE participating States established permanent institutions in the early 1990s. In 1992, they agreed to hold periodic Human Dimension Implementation Meetings” to foster compliance with agreed-upon principles on democracy and human rights. Additional changes to the modalities for the HDIM were agreed in 1998, 2001, and 2002, which included shortening the meeting from three weeks to two weeks, and adding three “Supplementary Human Dimension Meetings” annually on subjects selected by the Chairmanship-in-Office on particularly timely or time-sensitive issues. One of the most notable features of the HDIM is the strong participation of non-governmental organizations. The United States has been a strong advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE modalities allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. 1 In exceptional years when the OSCE participating States hold a summit of heads of state or government, the annual review of human dimension commitments is included as part of the Review Conference which precedes the summit, and also includes a review of the political-military and economic/environmental dimensions.

  • Beyond Pipelines: Breaking Russia’s Grip on Post-Soviet Energy Security

    By Paul Massaro, Policy Advisor, and Andras Olah, Intern In 2007, the Helsinki Commission held a hearing titled “Pipeline Politics: Achieving Energy Security in the OSCE Region,” which focused on energy security in Post-Soviet Eastern Europe. The hearing took place in the wake of the first major Ukrainian-Russian gas dispute in 2006 that demonstrated not only the Kremlin’s willingness to use its energy resources as a weapon to meddle in its immediate neighbors’ domestic affairs, but also the extreme dependency of much of  Europe on Russia’s energy supplies. At the time, experts and policymakers focused primarily on the enhancement of security of supply through the construction of new energy infrastructure, including pipelines, which would allow the diversification of energy imports of countries in the OSCE region. Ten years later, the energy landscape of the world fundamentally has changed. As Peter Doran, the Executive Vice President of the Center for European Policy Analysis (CEPA), stressed at a July 2017 Helsinki Commission briefing titled “Energy (In)security in Russia’s Periphery,” new energy infrastructure been built and the regulatory environment of the EU’s energy sector has significantly improved. At the same time, the shale gas revolution in the United States and the simultaneous development of a global liquid natural gas (LNG) market offers European gas consumers more alternative options to Russian gas imports than ever before. Most countries in Central and Eastern Europe have improved their energy security by the implementation of crucial reforms in their energy sectors. For example, in Ukraine, where for a long time “energy oligarchs” profiting from dodgy gas deals with Gazprom torpedoed any meaningful reform initiatives, a recent landmark decision has eliminated energy subsidies that have been a lucrative source of corruption for decades. However, Moscow has resisted surrendering its monopolistic market position and is fighting back through politically motivated energy projects designed to exploit the fault lines between European countries’ differing energy policies. The most important Kremlin-sponsored projects to date have been the planned Nord Stream 2 and TurkStream pipelines, which will carry gas to EU countries by circumventing Russia’s immediate post-Soviet neighbors. According to Doran, the Kremlin aims to end the role that neighbors like Ukraine, and to a lesser extent Moldova, currently play in the transit of gas to the EU through the Brotherhood and the Trans-Balkan pipelines. The success of Nord Stream 2 potentially could result in the loss of billions of dollars in transit revenues for Ukraine and Moldova, as well as diminishing their geopolitical importance for Europe, while subsequently enabling Russia to reassert its old influence over them by exploiting their diminished energy security. As a result of massive infrastructure projects promoted by the EU to develop reverse flow capacities on existing pipelines and create new interconnections, Ukraine is now capable of purchasing gas from a Western direction and, for the first time, since November 2015 has ceased buying gas contractually from Russia altogether. New pipeline infrastructure projects, namely the planned expansion of the Iaşi-Ungheni pipeline, as Lyndon Allin, Associate at Baker Mackenzie, pointed out at the same briefing, might enable Moldova in the medium-run as well to reduce its dependence on Russian gas that currently constitutes almost a 100% of its total gas consumption. Nevertheless, the effectiveness and profitability of these regional gas transit systems could be severely endangered once the transit of gas is diverted to other pipelines, potentially hampering the prospects of further gas infrastructure modernization, which is necessary for both countries to ensure their energy security. Moreover, as both ‘Stream projects’ would circumvent the region, Russian gas could become the only one that can be bought from the east as well as the west direction, strengthening Gazprom’s monopolistic market position in the region.  While political leaders on both sides of the Atlantic have been pushing recently for the introduction of U.S. LNG to the region to serve as a new ‘external solution’ to the above mentioned challenges, as Edward Chow, Senior Fellow at the Center for Strategic and International Studies (CSIS), noted at the briefing, the main challenge for post-Soviet Eastern European countries remains an internal one. While the level of energy infrastructure might already be close to sufficient, the biggest problem for post-Soviet countries remains the underdeveloped nature of their energy sectors that lack harmonized and stable regulations, consistently-applied property rights, and transparency. Additionally, as Dr. Mamuka Tsereteli, Senior Fellow of the Central Asia – Caucasus Institute pointed out, energy security could not be achieved without high-levels of cross-border market integration, even if physical infrastructures are in place. The underdeveloped nature of post-Soviet Eastern European countries’ energy sectors has been having a severe impact on the energy security of those states, in particular of Ukraine, which could be easily self-sufficient—even without the import of U.S. LNG—in natural gas if private investment was not being discouraged by the opaque, uncompetitive, and corrupt nature of its energy sector. Once the right regulatory environment is established, Ukraine, for instance, could possess an immense gas transmission and storage infrastructure that, if properly upgraded, as well as connected to the energy networks of Central European countries, could lead to the establishment of a highly liquid East Central European gas trading hub with a spot-based gas trade. This could create increased energy security in the entire region by improving both the level of competition and the diversification of supplies. While the West could offer the countries of post-Soviet Eastern Europe, Ukraine and Moldova in particular, alternative energy sources (e.g. U.S. LNG), these should and could not serve as a substitute for structural reforms and capacity-building, which are ultimately necessary to achieve true energy security in the region.

  • Journalists Persecuted 2017: Illustrative Cases

    By Jordan Warlick, Staff Associate Natasha Blaskovich, Intern Katya Kazmin, Intern With a section on the “improvement of working conditions for journalists”, the Helsinki Final Act explicitly recognizes the importance of journalists for democratic and open societies. Despite the signing of the agreement in 1975, the situation for journalists is still very grim in several countries in the region. The U.S. Helsinki Commission continues to monitor these conditions closely and remains concerned with: (a) murder, violence, and other egregious acts that harm the safety of journalists; (b) imprisonment of journalists for their work; (c) other restrictions that impede the work of journalists and a free press. The journalists featured below are representative of those persecuted so far this year. Afqan Muxtarli (Azerbaijan) – Muxtarli and his family fled to neighboring Georgia in 2015 after Muxtarli received threats related to corruption investigations into Azerbaijani President Ilham Aliyev and other officials. Following Muxtarli’s disappearance on May 29, 2017, Muxtarli’s lawyer told Radio Free Europe that the journalist was abducted in Tbilisi and handed over to Azerbaijani officers at the border. Muxtarli believes that these officers planted €10,000 on him and then promptly arrested him, in order to incriminate him for illegally crossing the border with a large sum of money and no passport. Amnesty International and other international human rights organizations have criticized the Azerbaijani government for its oppression of journalists and suppression of free speech. Georgia’s Interior Minister has stated that Georgia has launched an investigation into this allegedly unlawful imprisonment. Mehman Huseynov (Azerbaijan) – Huseynov, a well-known journalist and blogger in Azerbaijan, was sentenced to two years in prison on March 3, 2017 on defamation charges. Huseynov had been under a travel ban since 2012, and was reportedly harassed and intimidated by the police for years. In early January 2017, Huseynov was arrested in Baku, taken to the Nasimi police station where he was held incommunicado, and repeatedly beaten and abused. Although he filed a formal complaint with the prosecutor’s office and made his abuse public, Huseynov’s allegations were declared groundless and not investigated. Huseynov was accused of defamation by the Nasimi police chief, and was found guilty in May 2017. Halina Abakunchyk (Belarus) – Abakunchyk is a correspondent for Radio Free Europe/Radio Liberty (RFE/RL), a U.S.-government-funded service. She was detained overnight on March 12, 2017, accused of “participating in an unsanctioned rally,” and then fined approximately $300 for covering large nationwide protests in March over a tax on the unemployed. Abakunchyk was one of 32 journalists arrested and/or fined for similar offenses while covering the protests.   Zhanbolat Mamay (Kazakhstan) – Mamay is the editor of the Tribuna newspaper, one of the few independent papers in Kazakhstan to have survived a recent trend of pressure and harassment from the government. Arrested on February 10, 2017, Mamay stands accused of being an accomplice to money-laundering, along with opposition leader and former head of BTA Bank, Mukhtar Ablyazov, in 2009. Before his arrest, Mamay told RFE/RL that he felt he was being followed. Since his arrest, Mamay has complained of being beaten and extorted while in prison. There are concerns for the safety of Mamay and his family as well as the provision of a fair trial. The Committee to Protect Journalists and other organizations have called for his release. Nikolai Andrushchenko (Russia) – Andrushchenko was a Russian journalist known for reporting on issues provocative to the Russian regime, including corruption. When Andrushchenko was attacked by assailants in St. Petersburg on March 9, 2017, he was in the midst of investigating reports of corruption and human rights abuses, allegations including the involvement of local police. He was found unconscious several hours later and taken to a hospital where brain surgery was performed, leaving him in a coma. He died on April 19, 2017. Prior to the March 9 attack, Andrushchenko had been attacked at least two times in the last decade. In November 2016, assailants attacked him on his doorstep. He was also attacked in November 2007, weeks before he was jailed for two months on false charges of defamation and obstruction of justice. The police have not informed the newspaper which Andrushchenko co-founded, Novy Peterburg (New Petersburg), of any progress in the investigation. Dmitry Popkov (Russia) – Popkov, the chief editor of local independent newspaper Ton-M in Siberia, was found shot dead in his backyard in Minusinsk on May 24, 2017. Popkov was known for investigating alleged abuses of power and corruption. Ton-M’s motto, “We write what other people stay silent about,” made the newspaper – and Popkov himself – long-time targets. Shortly before his murder, Popkov had published reports regarding a federal parliamentary audit that revealed corruption in the local administration. An investigation has been launched by the regional branch of Russia’s Investigative Committee and Popkov’s journalism is being treated as a potential motive for the murder. Nur Ener (Turkey) – Ener, a journalist for the daily Yeni Asya, was detained by police after they raided her apartment in the middle of the night on March 3, 2017. Accused of being affiliated with the Fethullah Gülen network, Ener’s formal charges are unknown to her lawyer and she is allowed only 45 minutes of family visits a week and one hour with her lawyer. A former roommate of Ener, who was arrested after the July 2016 coup attempt, is said to have given Ener’s name to the police in the aftermath of the coup. Some of Ener’s critical reporting, including an interview where the guest criticized certain government policies, may have also been a reason for her arrest. According to the Committee to Project Journalists, Ener is one of over 80 journalists imprisoned in Turkey – the largest jailer of journalists in the world. Oguz Guven (Turkey) ­­– Guven is the website editor-in-chief of Cumhuriyet daily. He was detained on May 12, 2017 for spreading terrorist propaganda, a popular charge against journalists in Turkey. The arrest allegedly was prompted by the newspaper’s tweet about the death of Mustafa Alper, a senior Turkish prosecutor involved in prosecuting suspects in the July 2016 coup attempt. Cumhuriyet has come under extreme pressure from the Turkish government, with 17 journalists and board members standing trial on July 24. Guven and his colleagues could face prison sentences as long as 43 years. Stanyslav Aseyev (Ukraine) – Aseyev, a freelance journalist who contributed to Radio Free Europe/Radio Liberty under the name Stanyslav Vasin, has been missing from Donetsk since June 3, 2017.  On July 16, Yehor Firsov, a former Ukrainian lawmaker and close friend of Aseyev, said he received information through unofficial sources that the journalist was detained by pro-Russian separatists. Aseyev allegedly faces charges of espionage by the self-proclaimed Donetsk People’s Republic (DNR), who have threatened him with up to 14 years’ imprisonment. Other journalists highlighted in Political Prisoners in Russia: Mykola Semena (Ukraine) – Semena, a Crimean journalist, has been charged under Article 280.1 of Russia’s criminal code, which penalizes "public calls for actions violating the territorial integrity of the Russian Federation." The law was added to the Russian criminal code in December 2013, and came into force in May 2014 - several weeks after Crimea was annexed by Russia. Semena was one of the only independent journalists to remain on the peninsula following Russia’s March 2014 annexation of Crimea. He contributed reporting to RFE/RL’s Ukrainian Service and its Crimea Desk. On April 19, 2016, after Russian police searched Semena’s home and confiscated computers and storage media, the de facto Crimean prosecutor-general ordered Semena to remain on the peninsula while he was investigated for alleged “calls to undermine Russia’s territorial integrity via the mass media.” Semena has been forced to stay in Crimea ever since, despite his requests to travel to Kyiv for urgently needed medical care. Semena’s trial has been adjourned and delayed several times this year. If he is found guilty, he could face five years in prison. Roman Sushchenko (Ukraine) – Sushchenko, a Ukrainian journalist, is charged under article 276 of Russia’s criminal code (espionage). He has worked as a Paris-based correspondent for Ukraine’s state news agency, Ukrinform, since 2010. He was detained at a Moscow airport on September 30, 2016, upon his arrival from Paris on private business. He was accused of collecting classified information on the activities of Russia’s armed forces and the National Guard. Mr. Sushchenko denies any involvement in espionage. His employer, Ukrinform, also considers the accusations false and called his detention a “planned provocation.” Mr. Sushchenko’s attorney is Mark Feygin, who previously represented Pussy Riot and Nadezhda Savchenko. Sushchenko’s pre-trial detention has been extended several times by the Lefortovsky District Court of Moscow since his arrest, and is currently set until September 30, 2017. Photos Cited: Afqan Muxtarli: Facebook Mehman Huseynov: Facebook Halina Abakunchyk: RFE/RL Zhanbolat Mamay: RFE/RL Nikolai Andrushchenko: RFE/RL Dmitry Popkov: TON-M Nur Ener: Platform for Independent Journalism (P24) Oguz Guven: Twitter Stanyslav Aseyev: RFE/RL

  • Democracy in Central & Eastern Europe

    On July 26, 2017, the U.S. Helsinki Commission held a briefing on “Democracy in Central and Eastern Europe: Renewing the Promise of Democratic Transitions.” This briefing followed a series of roundtable discussions and other events earlier in the year relating to this region, demonstrating the Helsinki Commission’s interest in Central and Eastern Europe. Erika Schlager, Counsel for International Law for the U.S. Helsinki Commission, welcomed panelists Andrew Wilson, the Managing Director of the Center for International Private Enterprise (CIPE); Peter Goliaš, Director of the Institute for Economic and Social Reforms in Slovakia; András Lőke, Chair of Transparency International in Hungary; and Marek Tatała, Vice-President of the Civil Development Forum in Poland. Jan Surotchak, Regional Director for Europe at the International Republican Institute (IRI), and Jonathan Katz, Senior Resident Fellow at the German Marshall Fund of the United States (GMF) added Washington policy perspectives. The discussion was moderated by Martina Hrvolova, Central Europe and the Balkans Program Officer at CIPE. The panelists provided a background on democracy in the regional context, as well as on the specific case studies of Slovakia, Hungary and Poland. Andrew Wilson observed that new democracies of Central and Eastern Europe face serious stresses that raise questions about the resilience of their democratic transitions and threaten to undo the remarkable progress the countries made during the last three decades. He argued that the problems in the region do not stem from the failure of democracy, but rather a failure to more actively pursue its consolidation. Peter Goliaš offered a brief overview of the current state of democracy in Slovakia. He described the findings of a recent public opinion poll that paint a very bleak picture of how Slovakians see the current state of democracy in their country. He argued that a main reason for people’s dissatisfaction with democracy has been the perception that politicians do not work in the public’s interest, but in the interest of the oligarchs. He projected that current political trends will lead to the continued slow deterioration of Slovak democracy. To stop this deterioration, Goliaš proposed several short- and long-term measures that he believes would strengthen the rule of law and civil society in Slovakia. András Lőke cited the reports of several influential NGOs to describe the current state of Hungarian democracy. While both Freedom House and Transparency International still give moderate scores to Hungary on the level of freedom and corruption, Hungary is trending downward on every indicator that were examined. Lőke argued that the most telling figures were found in the World Economic Forum’s Global Competitiveness Report, which ranked Hungary very poorly based on an assessment of the rule of law and the level of corruption. After identifying the challenges facing Hungary today, Lőke outlined a list of solutions to these problems that would ultimately enable civil society to reassert its role in maintaining transparency and accountability in governance, and generally increase the crucial engagement of civil society in public affairs. Marek Tatała assessed the state of democracy in Poland, arguing that while the country remains a democracy, its current political leadership is weakening rather than strengthening its democratic development. Tatała observed that laws on the constitutional tribunal and on the organization of courts, and the rapid nature of the legislative process, have been harmful to the rule of law in Poland. He underlined the need for a higher level of engagement of the business community in public affairs, and a better quality of education that is more focused on civic engagement and economic literacy. Following up on the three country case studies, Jan Surotchak presented the findings of a recent poll conducted as part of IRI’s Beacon Project. The findings revealed a number of disturbing trends in Central and Eastern Europe, including waning support for core transatlantic institutions; tensions over the nature of European identity; and a deep discontent with socioeconomic challenges in the region. Most importantly, the study confirmed that there is a strong correlation between socioeconomic disparities in these countries and their vulnerabilities to Russian influence. Finally, Jonathan Katz emphasized the need to increase the United States’ bilateral and joint diplomatic engagement and development assistance efforts in the region to support continued democratic and economic transition. More specifically, Katz presented four core strategies that he argues are needed, which included the establishment of joint US-EU mechanisms to strengthen development cooperation and coordination in the entire OSCE region. The panelists agreed that any external development assistance should primarily support the work of civil society in Central and Eastern Europe, with a special focus on communication campaigns. Particular emphasis should be given to the improvement of the education system with a focus on promoting discussions with students. Marek Tatała also argued that given the fairly strong ties of these countries’ leaders with the United States, a stronger voice from the current US Administration regarding negative developments in Slovakia, Hungary, and Poland would be also welcome and effective. With regard to action from Congress, panelists argued that resources for development assistance could come in the form of a congressional authorization bill. Panelists also noted that to be effective, any external development fund that targets NGOs or the civil society must be monitored by donors to avoid corruption. Panelists observed that the Congress could play a particularly important role in providing oversight of such assistance programs and making sure that their spending follow very strict guidelines.

  • Kleptocrats of the Kremlin: Ties Between Business and Power in Russia

    On July 20, 2017, the U.S. Commission on Security and Cooperation in Europe held a staff-led briefing on Russian kleptocracy. Panelists included Brian Whitmore, Author of the Power Vertical Blog and Senior Russia Analyst at Radio Free Europe; Ilya Zaslavskiy, Research Expert at the Free Russia Foundation and Academy Associate with Chatham House; Dr. Anders Aslund, Senior Fellow at the Atlantic Council and Professor at Georgetown University; Marius Laurinavicius, Senior Analyst at the Vilnius Institute for Policy Analysis and a former Fellow with the Hudson Institute; and Ambassador Daniel Fried, Distinguished Fellow at the Atlantic Council and former Coordinator on Sanctions Policy at the US Department of State. The discussion, which was covered by C-SPAN 1, was moderated by Paul Massaro, Helsinki Commission Policy Advisor on Economic and Environmental Issues. Whitmore provided an insightful overview, explaining how kleptocracy ensures the control of loyal elites while simultaneously providing the Kremlin with a tool of statecraft internationally. In a compelling argument, he compared corruption with communism, as the Kremlin's use of kleptocracy is reminiscent of the use of communism as a tool for international influence during Soviet times.  Zaslavskiy spoke about how the current regime took the worst but most practical lessons from the Communist party, the KGB, and organized crime, and amalgamated these practices into the corrupt system that exists today. Therefore, he rejected the term “oligarch,” deeming it irrelevant. This notion would assume that businesses act independently, when in reality, their operations depend on the Kremlin's approval. Dr. Aslund, in agreement with Zaslavskiy, concluded that oligarchy is over, as it has been assimilated by the state. He broke down the Kremlin's system of kleptocracy into four different aspects: firstly, the state institutions, the security agencies, and the judiciary; secondly, the state corporations; thirdly, President Putin's circle of loyal cronies who benefit from asset stripping and procurement contracts from the state; and lastly, the West. Western complicity is an essential aspect of Russian kleptocracy, as cronies take advantage of rule of law in the West to secure assets from the East. Dr. Aslund called for tougher measures to ensure transparency and beneficial ownership.  Laurinavicius then joined in to provide a Baltic perspective, arguing that lessons can be learned from the three Baltic States, the front line in the fight against Russian kleptocracy. Laurinavicius argued that Putin's regime uses kleptocratic cronies to achieve goals that the state cannot achieve itself. He emphasized how the Baltic region has been a target of these kleptocratic tactics as early as 1991 in the immediate aftermath of the dissolution of the Soviet Union. Lastly, Ambassador Fried expanded on tools to combat kleptocracy. He cited journalistic exposure and governmental pressure as two critical aspects of a comprehensive strategy. Naming the Global Magnitsky Act as a legislative vehicle that allows lawmakers to go after Russian human rights abusers, Ambassador Fried called for additional legislation to target individuals complicit in Kremlin's system of kleptocracy. Ambassador Fried ended the panelists' testimonies on a hopeful note: "I do not believe that Russia is doomed to live forever its worst history. I don’t accept the notion of a civilizational divide. In Russian history, Russia does, when it fails at external aggression, turn to internal reform, and has sometimes been successful. And the period of Russian history we think of as the most successful, the period that gave us world-class literature and art and music, and a rapidly developing economy, and the beginning of a more modern economic system, came as a result of its – the failure of its aggression and failure in various wars – Crimean War, Russo-Japanese War. I mention this because it is important to remember what it is we are trying to achieve. We are not trying to achieve a weakening of Russia. We are trying to achieve a defeat of Putinist Russia, the better to have a better relationship with that better Russia."

  • One Year Later: Seeking Justice for Pavel Sheremet

    When investigative journalist Pavel Sheremet died in a car explosion in central Kyiv on July 20, 2016, his assassination garnered global media attention. Upon learning the tragic news, then-OSCE Representative on Freedom of the Media Dunja Mijatović condemned the murder, saying, “This killing and its circumstances must be swiftly and thoroughly investigated, and the perpetrators brought to justice.” However, one year later, virtually no progress has been made on his case. Furthermore, the escalating harassment and attacks against journalists in Ukraine, coupled with a culture of impunity for perpetrators, is worrisome for Ukraine’s democratic future. To ensure they meet the aspirations of the Ukrainian people, authorities in Kiev must reaffirm their commitment to freedom of the press by ensuring the perpetrators of Sheremet’s murder—and similar cases of killing, assault, and harassment—are brought to justice. Download the full report to learn more. Contributors: Jordan Warlick, Office Director, and Amelie Rausing, Intern

  • Democracy in Central & Eastern Europe Focus of Upcoming Helsinki Commission Briefing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: DEMOCRACY IN CENTRAL AND EASTERN EUROPE: RENEWING THE PROMISE OF DEMOCRATIC TRANSITIONS Wednesday, July 26, 2017 2:00 PM to 4:00 PM Capitol Visitors Center Room SVC-215 Live Webcast: www.facebook.com/HelsinkiCommission In 1990, at a moment of historic transition, the countries of the Organization on Security and Cooperation in Europe adopted a watershed agreement recognizing the relationship between political pluralism and market economies. To advance both, they committed to fundamental principles regarding democracy, free elections, and the rule of law.  In recent years, however, concerns have emerged about the health of the democratic transition in Central and Eastern Europe, particularly in the face of ongoing governance challenges and persistent corruption. At this briefing, speakers will examine the current state of democracy in Central and Eastern Europe and analyze efforts to address the region’s challenges.  They will also discuss the declaration adopted on June 1 by civil society representatives, members of business communities, and others, which seeks to reinvigorate the region’s democratic trajectory, support democratic and economic reform, and strengthen the transatlantic partnership. The following panelists are scheduled to speak: Andrew Wilson, Managing Director, Center for International Private Enterprise Peter Golias, Director, Institute for Economic and Social Reforms, Slovakia Andras Loke, Chair, Transparency International, Hungary Marek Tatala, Vice-President, Civil Development Forum, Poland Additional comments will be provided by: Jan Surotchak, Regional Director for Europe, International Republican Institute Jonathan Katz, Senior Resident Fellow, German Marshall Fund

  • Helsinki Commission Announces Briefing on Kleptocracy in Russia

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: KLEPTOCRATS OF THE KREMLIN: TIES BETWEEN BUSINESS AND POWER IN RUSSIA Thursday, July 20, 2017 3:30 PM – 5:00 PM Dirksen Senate Office Building Room G11 Live Webcast: www.facebook.com/HelsinkiCommission Eighteen years after he first took power, Vladimir Putin rules a Russia increasingly characterized by censorship, political repression, and human rights violations.  A central feature of Putin’s authoritarian regime is sprawling corruption. This corruption undermines the legitimacy of public institutions domestically and internationally via an opaque network of interlocutors who enable assets to be stolen from the Russian people and hidden abroad. While the president is the primary beneficiary, the Kremlin’s brand of kleptocracy depends on a loyal group of cronies, who acquire untold wealth by ensuring that state institutions follow Kremlin directives, and that private businesses play along or stay out of the way. The briefing will examine the dynamics of Putin’s closest circle in order to establish who most strengthens and benefits from his rule. Additionally, briefers will analyze how these cronies advance Putin’s geopolitical goals and interests. The following panelists are scheduled to speak: Brian Whitmore, Senior Russia Analyst, Radio Free Europe Ilya Zaslavskiy, Research Expert, Free Russia Foundation Dr. Anders Aslund, Senior Fellow, Atlantic Council Marius Laurinavicius, Senior Analyst, Vilnius Institute for Policy Analysis Ambassador Daniel Fried, Distinguished Fellow, Atlantic Council

  • Energy (In)Security in Russia’s Periphery

    On July 13, 2017, the U.S. Helsinki Commission held a briefing on “Energy (In)security in Russia’s Periphery.” Energy security is an important topic that belongs to the OSCE’s Second Dimension. This briefing addressed energy security challenges in Eastern Europe and the Caucasus, in particular in Ukraine, Moldova and Georgia. Panelists included Peter Doran, Executive Vice President and Interim Director at the Center for European Policy Analysis (CEPA); Edward Chow, Senior Fellow at the Energy and National Security Program of the Center for Strategic and International Studies (CSIS); Andrian Prokip, Senior Associate at the Kennan Institute of the Woodrow Wilson Center and Energy Expert at the Institute for Social and Economic Research; Lyndon Allin, Associate at Baker McKenzie; and Dr. Mamuka Tsereteli, Senior Fellow at the Central Asia-Caucasus Institute. The panelists provided a background on energy security both generally and in the regional context of the post-Soviet space, as well as in the specific case studies of Ukraine, Moldova and Georgia. Mr. Doran stated that the energy security situation in Europe, and also in Russia’s immediate neighborhood, has fundamentally changed as a result of the end of energy scarcity in the world and the construction of new energy infrastructure in Central and Eastern Europe in a positive way. However, the bad news is that Russia is not willing to accept this game-changing market shift and is fighting back. For instance, the panelists agreed on the key role that Azerbaijan could play for the supply of energy not only in the post-Soviet space, but also in other European countries. They noted, however, in order for world-class projects, like the ones operating or being planned in Azerbaijan, to become a reality, the achievement of market integration is critical. Unfortunately, market integration in Southeastern Europe is exactly what Russia has been trying to prevent with the tool of energy corruption, which it uses to keep its neighboring countries dependent on it for energy supplies, and to obtain kompromat on various political leaders in the region. Mr. Doran specifically cited the case of the Nord Stream 2 pipeline project, which he argued is a political and not a commercial project for Russia to gain more influence over European, and in particular Ukrainian, energy security. When it comes to ways of approaching energy security, panelists agreed that it must be achieved not by top-down but rather with bottom-up solutions, citing the specific example of Ukraine, which could easily become self-sufficient if it implemented crucial reforms that hinder much-needed private investment in its energy sector. In particular, Mr. Chow observed that, while external challenges must be confronted and overcome, the implementation of crucial structural reforms in the energy sectors of post-Soviet countries is critical to meet the challenge that Russia poses. For example, he regards corruption in the energy sector in Ukraine as the key reason for the nation’s energy insecurity. The panelists agreed that U.S. political leaders should be careful about making promises to politicians in the region, for example the oft-cited promise that U.S. LNG exports will be able to substitute for Russian gas and solve the energy security problems of the region. Instead, as the panelists pointed out, the emphasis should be put on supporting the energy market development of countries in the post-Soviet space. Mr. Prokip stressed that the recently proposed reforms in Ukraine must go forward. In particular, progress must be made in implementation, which he argued could only happen if the West is willing to exert more pressure on the Ukrainian authorities, while continuing to provide advice and assistance. In both Chow’s and Prokip’s view, U.S. energy exports cannot serve as a substitute for structural economic reforms in Ukraine. Following a similar line of argument, Mr. Allin pointed out that, in the case of Moldova, it is the Moldovans who need to make more effort to solve their own problems, rather than looking only to foreign partners for external solutions. Finally, Dr. Tsereteli reminded the audience that structural reforms and the openness to trade and investment that accompanies them can lead to post-Soviet countries’ integration in the global economic system, as was the case in Georgia, which managed to improve its energy security significantly this way.

  • Helsinki Commission Briefing to Examine Energy Security in Russia’s Periphery

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: ENERGY (IN)SECURITY IN RUSSIA’S PERIPHERY July 13, 2017 3:30 PM – 5:00 PM Dirksen Senate Office Building Room G11 Under Vladimir Putin, Russia has used its neighbors’ dependence on its energy supplies as a source of geopolitical leverage and sought to keep their energy sectors underdeveloped and corrupt. Ukraine has recently managed to implement crucial reforms in its energy sector, but challenges remain. Meanwhile, initiatives for similar reforms in Moldova have stalled, while Georgia has successfully reformed its energy sector and developed new infrastructure. Why are these outcomes so different and what more can be done to achieve energy security in post-Soviet Eastern Europe? This briefing will provide a general overview of energy security in Ukraine, Moldova, and Georgia, and examine challenges and opportunities in the energy sectors of these states. Briefers will discuss the role that corruption plays in preventing the implementation of effective reforms as well as strategies to curb Russian influence. The following experts are scheduled to participate: Peter Doran, Executive Vice President and Interim Director, Center for European Policy Analysis (CEPA) Edward Chow, Senior Fellow, Energy and National Security Program, Center for Strategic and International Studies (CSIS) Andrian Prokip, Senior Associate, Kennan Institute; Energy Expert, Institute for Social and Economic Research Lyndon Allin, Associate, Baker McKenzie Mamuka Tsereteli, Senior Fellow, Central Asia-Caucasus Institute  

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