Combatting Corruption in Bosnia and HerzegovinaWednesday, May 25, 2016
Twenty years ago, Bosnia and Herzegovina was beginning a process of recovery and reconciliation following the brutal conflict that marked its first four years of independent statehood and took outside intervention to bring to an end. The United States, which led that effort culminating in the Dayton Peace Accords, has since invested considerable financial and other resources to ensure the country’s unity, territorial integrity and sovereignty, as well as to enable a population devastated and traumatized by conflict to rebuild. Many European and other countries have as well. Today, beyond well-known ethnic divisions and weaknesses in political structure, Bosnia’s progress is stymied by official corruption to the detriment of its citizens’ quality of life and the prospects for the country’s integration into Europe. Amid recent press reports on scandals involving various government officials; public perceptions of corruption rank Bosnia and Herzegovina among the worst in the Western Balkans. This hearing examined the current situation regarding corruption and its causes at all levels of government in Bosnia and Herzegovina, and looked at efforts by the United States and the international community, along with civil society, to combat it. It featured witnesses from OSCE, USAID, and from civil society. “Left unchecked, corruption will hinder Bosnia and Herzegovina’s integration into Europe and NATO,” said Helsinki Commission Co-Chair Roger Wicker (MS), “Twenty years after Dayton there is no excuse for corruption and the risk it brings to prosperity for future generations.” Last year, Senator Wicker and Senator Shaheen (NH) were among a presidential delegation sent to Bosnia to commemorate the 20th anniversary of the massacre at Srebrenica. And in November of that year, they introduced the Bosnia and Herzegovina-American Enterprise Fund Act to grow small- to medium-sized businesses. The United States has a long-standing and deep commitment to maintaining the sovereignty, stability, and recovery of Bosnia, while fostering future prosperity within the country. Senator Wicker has seen a lot of progress since he first visited Bosnia in 1995, but he called for even more to be done by Bosnian officials and the international community. The first witness was Ambassador Jonathan Moore, head of the OSCE Mission to Bosnia and Herzegovina, he spoke on various topics and outlined the OSCE’s goals and plans for Bosnia. Beyond ending corruption, the OSCE seeks to revitalize the lagging education system and to combat violent extremism. He emphasized the importance of transparency, “It is clear that simply having laws and institutions is not enough. Laws must be implemented and obeyed, and prosecutors and judges must do their jobs. Furthermore, old patterns of political patronage must stop.” The next witness was the Honorable Thomas Melia, assistant administrator at USAID for Europe and Eurasia, who reinforced Amb. Moore’s testimony, focusing the economic ramifications of corruption. “Corruption leads to a weakening of democratic institutions, economic decay by discouraging investment, increased inequality, and deprives states of the resources they need to advance their own development. In the wider European region, states weakened by corruption are also more susceptible to malign pressure and manipulation from Putin’s Russia, as any semblance of a rules-based order often seems to take a backseat to power, influence and greed.” The final two witnesses spoke of the bleak state of civil rights in Bosnia. Corruption has all but ended Bosnian citizens’ abilities to access justice, work out for a better life, and speak freely. Each of witnesses emphasized the need for further and tougher action; simply scolding officials is not enough. “Past experience shows that simply calling on leaders to undertake reforms and to take responsibility is not sufficient. Generating a genuine and articulated internal demand for reforms is key to achieving sustainable progress,” said Mr. Srdjan Blagovcanin, the third witness, is chairman of the board of the Bosnia Chapter of Transparency International. The final witness, Dr. Valery Perry, suggested that election reform was a necessary step to ending corruption in Bosnia. Co-Chairman Wicker was joined at the hearing by a panel of lawmakers including Commission Chairman Chris Smith (NJ-04), Senator Jeanne Shaheen, Representative Robert Aderholt (AL-04), and Representative Scott Perry (PA-04).
Helsinki Commission Leaders Welcome Release of Khadija IsmayilovaWednesday, May 25, 2016
WASHINGTON – Following today’s announcement that the Azerbaijani government has freed investigative journalist Khadija Ismayilova from prison, Representative Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, and Senator Roger Wicker (MS), Co-Chairman of the Commission, issued the following statement: “We welcome the release of Khadija Ismayilova from her unjust imprisonment. However, we call on the Government of Azerbaijan to drop all charges against her and reopen the RFE/RL Baku bureau. “Khadija’s case is not the only one in which Azerbaijan has used its judicial system to punish those who have voiced independent opinions. Others, like opposition leader Ilgar Mammadov, remain jailed for their efforts to promote human rights, the rule of law, and democracy. We salute their courage and once again urge the Government of Azerbaijan to live up to its OSCE commitments, ending its repression of the political opposition, journalists, and religious minorities.” Chairman Smith convened a December 2015 hearing on the plight of Ismayilova and her fellow prisoners of conscience in Azerbaijan. He is also the author of the Azerbaijan Democracy Act of 2015 (H.R. 4264), a bill he introduced to draw attention to the systematic efforts of the Government of Azerbaijan to eliminate the voices of independent journalists, opposition politicians, and civil society groups. In addition to denying U.S. visas to senior leaders of the Government of Azerbaijan, those who derive significant financial benefit from business dealings with senior leadership, and members of the security or judicial branches, the Azerbaijan Democracy Act also expresses the sense of Congress that financial penalties should be considered. Sanctions could be lifted when the Azerbaijani government shows substantial progress toward releasing political prisoners, ending its harassment of civil society, and holding free and fair elections. Chairman Smith has also spoken out on multiple occasions on behalf of Ismayilova and other political prisoners in Azerbaijan.
U.S. Helsinki Commission to Examine Corruption in Bosnia and HerzegovinaTuesday, May 17, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Combatting Corruption in Bosnia and Herzegovina” Wednesday, May 25, 2016 2:00 PM Capitol Visitor Center Senate Room 212-10 Live Webcast: www.youtube.com/HelsinkiCommission Twenty years ago, Bosnia and Herzegovina was beginning a process of recovery and reconciliation following the brutal conflict that marked its first four years of independent statehood and took outside intervention to bring to an end. The United States, which led that effort culminating in the Dayton Peace Accords, has since invested considerable financial and other resources to ensure the country’s unity, territorial integrity and sovereignty, as well as to enable a population devastated and traumatized by conflict to rebuild. Many European and other countries have as well. Today, beyond well-known ethnic divisions and weaknesses in political structure, Bosnia’s progress is stymied by official corruption to the detriment of its citizens’ quality of life and the prospects for the country’s integration into Europe. Amid recent press reports on scandals involving various government officials, public perceptions of corruption rank Bosnia and Herzegovina among the worst in the Western Balkans. The hearing will examine the current situation regarding corruption and its causes at all levels of government in Bosnia and Herzegovina, and look at efforts by the United States and the international community, along with civil society, to combat it. The following witnesses are scheduled to testify: Jonathan Moore, Head of the OSCE Mission to Bosnia and Herzegovina Thomas Melia, Assistant Administrator for Europe and Eurasia, USAID Srdjan Blagovcanin, Chairman of the Board of Directors of Transparency International, Bosnia and Herzegovina Valery Perry, Sarajevo-based Independent Researcher and Consultant and Senior Associate at the Democratization Policy Council
On World Press Freedom Day, Helsinki Commission Chair Urges Azerbaijan: Free Khadija!Tuesday, May 03, 2016
WASHINGTON—On May 3, Chairman Rep. Chris Smith of the Helsinki Commission Issued the following statement: “Today marks World Press Freedom Day. Freedom of the media is an essential foundation for democracy and human rights every day of the year. Journalists play a critical role in ensuring free and fair elections, combating corruption, and holding governments accountable. In some OSCE countries, they do so at extraordinary personal risk. Let’s not forget Anna Politkovskaya or the many other Russian journalists murdered in the past fifteen years – whose killers have still not been brought to justice. Press freedom remains unknown in Russia. But today we remember above all Khadija Ismayilova, a fearless investigative journalist harassed and currently imprisoned by the government of Azerbaijan.” Anna Politkovskaya testified on human rights abuses in the Chechnya war before a hearing Rep. Smith chaired in 2003 – and was murdered in Moscow in 2006. In 2007 Chairman Smith authored H. Con. Res. 151 on Politkovskaya and other independent journalists killed in Russia since 2000, which passed the House by a vote of 388-1. Beginning in 2010 Khadija Ismayilova, an investigative journalist in Azerbaijan, published hard-hitting investigative reports on corruption at the highest levels of the Azerbaijani government. In response, the Azerbaijani state security services tried to intimidate her. When that failed, in 2014, the government arrested her on trumped-up charges. “If the Government of Azerbaijan thought it could deflect attention from its abuses by locking up Khadija, they were sorely mistaken. In fact, Khadija’s continued imprisonment only serves as a constant reminder of the corruption she sought to expose. Her imprisonment is wrong and she should be released immediately." In December 2014 the Government of Azerbaijan arrested investigative journalist Khadija Ismayilova on spurious charges and subsequently raided the offices of her employer, U.S.-funded Radio Free Europe/Radio Liberty (RFE/RL). After a lengthy trial that was widely condemned by the international community for numerous irregularities, in September Ms. Ismayilova was sentenced to 7.5 years in prison. Her appeal was denied on November 25, 2015, and the RFE/RL Baku Bureau has remained shuttered by the Government of Azerbaijan. The Helsinki Commission’s hearing on Azerbaijan’s Persecution of RFE/RL Reporter Khadijah Ismayilova can be found here. Her recent editorial in the Washington Post can be found here. Chairman Smith is the sponsor of the Azerbaijan Democracy Act of 2015 (H.R. 4264), a bill he introduced on December 16, 2015, to draw attention to the systematic efforts of the Government of Azerbaijan to eliminate the voices of independent journalists, opposition politicians, and civil society groups. In addition to denying U.S. visas to senior leaders of the Government of Azerbaijan, those who derive significant financial benefit from business dealings with senior leadership, and members of the security or judicial branches, the Azerbaijan Democracy Act also expresses the sense of Congress that financial penalties should be considered. Sanctions could be lifted when the Azerbaijani government shows substantial progress toward releasing political prisoners, ending its harassment of civil society, and holding free and fair elections.
Internet Freedom in the Age of Dictators and TerroristsThursday, March 03, 2016
This briefing- focused on internet freedom- was set in the context of increasing online censorship and surveillance in authoritarian nations and privacy infringement and terrorism threats in free societies. Lisl Brunner of the Global Network Initiative, Rebecca MacKinnon from Ranking Digital Rights, and Tim Maurer of the Carnegie Endowment for International Peace, discussed how internet companies are evolving to handle increased government requests from law enforcement and the role of export controls in ensuring that U.S. and European technologies do not contribute to human rights abuses. Policy advisor Shelly Han opened the briefing by explaining that when the internet began spreading across the globe, it was seen as a “game changer for spreading democratic ideals to places that traditional media could not reach” – a new method of positive influence, accountability and transparency. However, she noted, precisely because it was so powerful, autocrats (including those in China and Russia) have been able to use it to increase their own power, and democracies have come to fear its use by terrorists. Citizens in free societies also wonder where the line between security and privacy should be drawn. The panelists discussed the immense increase in awareness of this issue in the past decade, the commitments that can be set for the future and where leadership must come from in order to create policy solutions.
Helsinki Commission Briefing to Examine Internet Freedom in the Age of Dictators and TerroristsWednesday, February 24, 2016
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “Internet Freedom in the Age of Dictators and Terrorists” March 3, 2016 10:00AM Rayburn House Office Building Room 2255 The original promise of the internet as a mechanism for free exchange of information and greater democratization seems a dream from a distant past. Authoritarian leaders in China, Russia and around the world seek to build walls around their country’s internet and censor incoming information and online discourse, while in free societies we are grappling with the right balance between security and privacy of online information in the face of terrorist threats. The briefing will focus on internet freedom broadly, including censorship and surveillance; and trends in how internet companies are evolving to handle increased government requests from law enforcement. In addition, panelists will discuss the role of export controls in ensuring that U.S. and European technologies do not contribute to human rights abuses. The following panelists are scheduled to participate: Lisl Brunner, Director of Policy and Learning, Global Network Initiative Rebecca MacKinnon, Director, Ranking Digital Rights Tim Maurer, Associate, Carnegie Endowment for International Peace
Senator Wicker Urges Secretary Kerry to Address Corruption in BosniaThursday, February 04, 2016
WASHINGTON – In a letter to Secretary of State John Kerry, Helsinki Commission Co-Chairman Senator Roger Wicker urged the U.S. Administration to address the issue of worsening corruption in Bosnia and Herzegovina involving regulatory institutions and high-level political officials. “This kind of corruption is inhibiting Bosnia and Herzegovina's economy, stealing a more prosperous future from its citizens, paralyzing its progress toward European integration, and putting foreign investment at risk, including investment from the United States,” wrote Co-Chairman Wicker. The letter encourages the Obama Administration to devote additional resources to uncovering and documenting corrupt conduct in Bosnia and Herzegovina and to take concrete steps – such as the potential denial of U.S. visas and seizure of U.S. assets – to hold Bosnian officials accountable for engaging in corrupt activities. In November 2015, Co-Chairman Wicker and Commissioner Senator Jeanne Shaheen introduced legislation in the Senate that would establish an enterprise fund modeled after U.S. programs that supported Central and Eastern European economies after the fall of the Berlin Wall with approximately $10 billion in public and private funding. Specifically, the legislation would promote the private sector in Bosnia and Herzegovina by authorizing the fund to use up to $30 million over 15 years to bring American investors into the Bosnian and Herzegovinian economy. The full text of the letter is below. -------------------- February 2, 2016 The Honorable John Kerry Secretary of State Department of State Washington, DC 20520 Dear Secretary Kerry, As co-chairman of the Commission for Security and Cooperation in Europe, I write regarding the issue of corruption and the worsening investment climate in Bosnia and Herzegovina. I have been a longtime supporter of assistance to Bosnia and Herzegovina during my tenure in Congress. Last year, my colleague Senator Shaheen and I introduced legislation that would establish an enterprise fund for providing assistance to private sector development and foreign investment in Bosnia and Herzegovina. Twenty years after the Dayton Accords, I believe that Bosnia and Herzegovina's transition remains incomplete, and that the United States continues to have a strategic interest in ensuring a stable and prosperous Bosnia and Herzegovina. Unfortunately, I am concerned to learn of indications of worsening corruption in Bosnia and Herzegovina, including corruption in vital regulatory institutions and among high-level political officials. I am troubled that responsible political authorities in Sarajevo tolerate the subversion of the rule of law by entrenched local interests. This kind of corruption is inhibiting Bosnia and Herzegovina's economy, stealing a more prosperous future from its citizens, paralyzing its progress toward European integration, and putting foreign investment at risk, including investment from the United States. I strongly urge you to take concrete steps that will show that U.S. patience with such behavior is at an end. Bosnian officials should be held accountable if they engage in corrupt activities or tolerate corrupt conduct by those in their ranks. In particular, I hope that you will consider devoting additional U.S. resources to uncovering and documenting corrupt conduct in Bosnia and Herzegovina so that Bosnian officials and leaders can be publicly exposed and held to account. The United States should also consider a wide range of policy responses to corruption in Bosnia and Herzegovina, including the potential denial of U.S. visas and potential seizure of assets in the United States. Evidence of corruption should also be shared with our European partners, giving the European Union the chance to take similar actions as well. Coordinated international efforts against corruption in Albania might serve as a useful example in this regard. Thank you for your consideration. I look forward to continuing my work with you to enhance security, stability, and economic prosperity throughout Southeast Europe. Sincerely, Roger F. Wicker Co-Chairman Commission on Security and Cooperation in Europe
OSCE Human Dimension Implementation Meeting 2015Friday, January 15, 2016
“The Human Dimension” is OSCE-speak for human rights, democracy, and humanitarian concerns. When the Helsinki Final Act (HFA) was signed in Helsinki, 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 HFA included a section on cooperation regarding humanitarian issues that provided an umbrella for addressing (among other things) family reunification and working conditions for journalists. "The Human Dimension" was a term coined during the drafting of the 1989 Vienna Concluding Document to serve as shorthand to describe the human rights and humanitarian provisions of the agreements concluded within the framework of the Helsinki process. Today, it has come to include the OSCE’s watershed commitments on democracy, the rule of law, and free and fair elections. In any given year, the OSCE participating States address human dimension issues in multiple fora. The Human Dimension Implementation Meeting – HDIM – attracts the largest number of participants, covers the greatest range of issues, and is open to participation by civil society. That work includes formal sessions on the full range of human rights issues as well as rule of law, free elections, and democracy-building issues. National minorities, Roma, and tolerance and nondiscrimination are also on the agenda. U.S. Delegation Led by David Kramer The 2015 HDIM was held September 21 to October 2 and drew 1,386 participants. The U.S. delegation was led by David J. Kramer, Senior Director for Human Rights and Human Freedoms at the McCain Institute and former Assistant Secretary of State for Democracy, Human Rights, and Labor. It also included U.S. Ambassador to the OSCE Daniel Baer; Deputy Assistant Secretary of State for Democracy, Human Rights and Labor Robert Berschinksi; Department of State Special Advisor for International Rights Judith Heumann; and Helsinki Commission Senior Senate Staff Representative Ambassador David T. Killion. Helsinki Commission staff participated in all aspects of the delegation’s work. In addition to active engagement in the formal sessions, the United States participated in side events focused on specific countries or issues organized by civil society, OSCE participating States, or international organizations, and held numerous bilateral meetings with other delegations to raise and discuss human rights. Special Advisor Heumann led a panel highlighting the importance of disability rights for OSCE countries as part of a U.S. side event cosponsored with Finland. Russia: External Aggression and Internal Repression During the HDIM, Russia’s aggression in and against Ukraine was raised in connection with almost every agenda item for the meeting. The OSCE Office for Democratic Institutions and Human Rights (ODIHR) also issued a joint report prepared with the OSCE High Commissioner on National Minorities detailing widespread human rights violations in Russian-occupied Crimea. Increasing levels of repression within Russia also were raised throughout the HDIM and served to highlight the relationship between external aggression and internal repression. In early 2015, Boris Nemtsov, an advocate for the rule of law and accountability in Russia and an outspoken Russian critic of the Russian government’s war against Ukraine, was gunned down just outside the Kremlin. Russia’s increasingly repressive government has eroded the democratic institutions that ensure a government’s accountability to its people. A free and independent media is virtually nonexistent and the remaining state-controlled media is used to propagandize disinformation, fear, bigotry, and aggression. Azerbaijan’s Record Draws Sharp Criticism In 2015 Azerbaijan unilaterally shuttered the OSCE Mission in Baku, effectively blocked the OSCE’s independent election observation in October, and sentenced journalist-heroine Khadija Ismayilova to 7 ½ years in prison for reporting on government corruption. The government of Azerbaijan has also escalated pressure against the family members of its critics, in a further effort to stifle dissent. As a consequence, throughout the HDIM, Azerbaijan was the subject of singular attention and criticism. In one particularly sharp exchange with the moderator during the discussion of fundamental freedoms in the digital age, Azerbaijan challenged its critics to name at least 25 of an estimated 100 political prisoners. A partial list – 25 names – is below. Abilov, Abdul Aliyev, Intigam Aliyev, Nijat Akhundov, Rashadat Guliyev, Araz Hasanov, Nasimi Hashimli, Parviz Hazi, Seymur Ismayilova, Khadija Jabrayilova, Valida Jafarov, Rasul Karimov, Fara Mammadli, Anar Mammadov, Hilal Mammadov, Igar Mammadov, Omar Mirkadirov, Rauf Ramazanov, Rashad Rustamov, Aliabbas Rustamzada, Ilkin Seyidov, Elnur Yagublu, Tofig Yunusov, Arif** Yunus, Leyla** Zakharchenko, Irina **Leyla and Arif Yunus have been released from prison since the HDIM but remain under house arrest.
Serbia Concludes Year-Long OSCE ChairmanshipFriday, January 15, 2016
Four decades after the signature of the Helsinki Final Act, Serbian Foreign Minister Ivica Dacic presided over a Serbian chairmanship of the Organization for Security and Cooperation in Europe (OSCE) that kicked off with high expectations. As a successor to the only participating State ever suspended from OSCE decision-making for egregious violation of Helsinki standards (1992 to 2000), the ability of Serbia to chair the organization was a credit not only to the country, but also to the OSCE which provided significant guidance and engagement through the transition. Throughout Serbia’s chairmanship, the situation in Ukraine dominated the work of the OSCE participating States, including at the annual OSCE Parliamentary Assembly meeting. This overshadowed efforts to commemorate the Helsinki Final Act’s 40th anniversary, as the OSCE’s future was considered to hinge on the Minsk agreements and its response to the crisis in and around Ukraine. Ukraine Russia’s egregious violations of the Minsk agreement led to its collapse in January 2015. Minsk II, adopted in February 2015, represents a further attempt to de-escalate the war in the Donbas. After six months of non-implementation, a September 1 cease-fire has largely held, with considerably fewer casualties than earlier, although there has been an uptick in recent weeks. Heavy weapons are slowly being withdrawn from the line of contact. Nevertheless, the agreement remains extremely tentative as Russia and its separatist proxies continue to disregard the majority of its provisions: Special Monitoring Mission (SMM) access remains blocked in large portions of the Russian-led separatist-controlled territory; Russian forces and equipment remain on Ukrainian territory; Ukrainian control over its borders with Russia has not been restored. Furthermore, restrictions continue on humanitarian aid and Ukrainian hostages remain in Russian custody. Terrorism 2015 was also scarred by numerous terrorist attacks in the OSCE region, including incidents targeting Jewish institutions and free speech in Paris and Copenhagen in January and February; the bombing of a Russian civilian airliner over the Sinai Peninsula in October; an attack in Turkey just three weeks before November 1 snap elections; and multiple, simultaneous attacks again in Paris in November. On November 17, the Permanent Council adopted a declaration on the need to combat by all means, in accordance with the Charter of the United Nations and international law–including applicable international human rights, refugee and humanitarian law–threats to international peace and security caused by terrorist acts. Refugee Crisis Issues relating to the refugee crisis became more acute over the course of the year. In early June, the Serbian Chairmanship held a special human dimension event on refugees and internally displaced persons. On October 6, following significant increases of migrant flows into Europe, the Serbian Chairmanship convened an unprecedented joint meeting of the Permanent Council’s three committees (on military-security, economic and environmental cooperation, and the human dimension) to focus on the refugee-migrant crisis. Finally, many hoped that Serbia’s positive experience hosting a field mission would serve as an example to other participating States cooperating with OSCE field activity. Unfortunately, turned out not to be the case, as illustrated by the abrupt closure of the mission in Baku. In addition, Serbia – missed an opportunity in 2015 to more strongly exemplify OSCE norms by providing justice for the 1999 execution-style murders of the three Kosovar-American Bytyqi brothers, a key issue in U.S.-Serbian relations.
OSCE Foreign Ministers Meet in BelgradeFriday, January 15, 2016
Serbia’s year-long chairmanship of the OSCE culminated in Belgrade in the annual meeting of the OSCE Ministerial Council on December 3 and 4, 2015. Key issues addressed in the context of Ministerial discussions included: Ongoing efforts to de-escalate the Russia-Ukraine crisis and the need for Russia to fully implement the Minsk Agreements. Reaffirmation of the Helsinki Final Act and subsequent commitments and the comprehensive nature of security (i.e., respect for fundamental freedoms within a state has an impact on the security between states). The assault on human dignity and human rights, including through terrorist attacks, the continued rollback on rights and freedoms in the OSCE area, and the refugee and migration crisis. Secretary of State John Kerry led the U.S. delegation, which also included Assistant Secretary of State Victoria Nuland; Deputy Assistant Secretary of State for Democracy, Human Rights, and Labor Robert Berschinski; Deputy Assistant Secretary of State for Central Asia Daniel N. Rosenblum; and Helsinki Commission Senior Senate Staff Representative Ambassador David T. Killion. The atmosphere was strained, as tensions between Ukraine and Russia, Russia and Turkey, and Armenia and Azerbaijan spilled over into the negotiations. As Russia blocked virtually all decisions on human rights, as well as on the migration crisis and on gender issues, only a handful of documents were adopted. Successful declarations addressed recent terrorist attacks in the OSCE region, combating violent extremism that leads to terrorism, and addressing the illicit drug trade.
What is the OSCE Doing in Ukraine?Friday, January 15, 2016
In Ukraine, the OSCE monitors the cease-fire, weapons withdrawal, and overall security situation in eastern Ukraine. In addition, the OSCE has observed local elections and reports on widespread human rights violations in Russian-occupied Crimea. Special Monitoring Mission (SMM) Mandate adopted by consensus on March 21, 2014 and extended until March 31, 2016 634 international monitors as of November 18, 2015 Posts daily updates at OSCE.org Has encountered episodes of hostage-taking and been fired upon OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk Mandate adopted by consensus on July 24, 2014 Gathers information and reports on the security situation at the two checkpoints Minsk Agreement Adopted September 5, 2014, by Russia, Ukraine, and Russian-backed separatists under OSCE auspices OSCE tasked with monitoring its implementation, including the cease-fire and weapons withdrawal Minsk II Adopted February 11, 2015 Continues work of Minsk agreement OSCE Election Observation Observed local elections in 2015 Joint report by ODIHR & HCNM on Russian-occupied Crimea ODIHR and HCNM report released September 17, 2015, identifies widespread human rights violations
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I Was Locked Up and Tortured by Putin’s SpooksSunday, January 10, 2016
Yuriy Yatsenko is an activist of the Euromaidan who was illegally imprisoned in Russia on political grounds and recently released. This is a shortened version of his testimony before the US Helsinki Commission in Washington on December 11, 2015. I am a Ukrainian citizen who was illegally arrested and detained by the Russian Federation for over a year for political reasons. Nadiya Savchenko, Oleg Sentsov and others who are less known have suffered and continue to suffer the same fate. In May 2014, I was in Russia's Kursk region with a friend on a business trip. During a routine document check that Russian police officers often practice, I was detained. At the police department, an FSB (Russian Federal Security Service) agent showed me a photograph of myself taken during the Euromaidan protests, which I suspect he had found on social media. The agent demanded that my friend and I provide false testimony; he wanted us to admit that we had been recruited by Right Sector or by the head of the Security Service of Ukraine to commit acts of terrorism in Russia. At the time, I was an ordinary student from western Ukraine and could not believe that such absurd accusations were being made against me. My western Ukrainian origin became an additional reason for Russian law enforcement personnel to harass me. After we refused to incriminate ourselves, they began beating us at regular intervals. We were also offered an option of going on Russian TV and giving a predetermined speech about being sent to Russia from Ukraine to commit subversive acts, but instead we turned to the FSB for protection to save us from the Ukrainian authorities and their persecution. We refused, so the harassment continued and turned into physical and psychological abuse. One FSB official threatened to hand me over to the president of Chechnya. At first, the abuse and the beatings were constant. I was regularly placed in punishment cells and solitary confinement. I remember one particularly brutal instance. Some special forces soldiers, wearing masks and uniforms bearing no insignia other than the colors of the Russian flag, put a bag over my head, took me into the woods and tortured me. They hanged me by my handcuffs for hours and beat me in the head, groin and other parts of the body. They strangled me. They also simulated an execution, firing a gun next to my head. The next morning, which was two weeks after my arrest, I used a shaving blade to cut my abdomen and the veins on my arms to stop this abuse. Only then was I taken to the hospital; there, I finally managed to inform my family about my whereabouts. Despite a court decision ordering our deportation, my friend and I were illegally kept at a special detention center for illegal immigrants for three months. During this period, beatings and torture were constant. Three months later, my friend was released and taken to the Ukrainian border, while I was suddenly charged with possessing explosives. The court found me guilty in spite of the absurdity of these accusations and the absence of any evidence. At first, I was sentenced to two years in prison, but an appeals court reduced the sentence to nine months. By that time, I had already spent a year in detention, so I was released. The fact that I'm free now is a testament to the publicity campaigns, international pressure and coordinated work of human rights advocates and lawyers. When I was in detention, guards informed me from time to time that another article about my case appeared in the press, or that another press conference dedicated to my case was held. They seemed to be alarmed by this activism, and kept saying that it should be stopped, that everything should be "done quietly." That is why public events in support of prisoners are extremely important; they signal to the repressive regime that it is being watched closely and that none of the prisoners are forgotten. At least 13 Ukrainians are detained illegally somewhere in the Russian Federation, and at least eight prisoners are being held in occupied Crimea, both Ukrainians and Crimean Tatars. The criminal cases against them are fabricated, most have been brutally tortured and some have been deprived of their right to meet with an attorney or a Ukrainian consul for over a year. These are people of various ages, professions and politics, but they share one thing—their lives have become an instrument of Russian state-sponsored propaganda that has created the image of Ukraine as a mortal enemy. Kremlin officials constantly look for ways to justify their hybrid war in Ukraine, which is why innocent Ukrainian citizens are proclaimed to be terrorists, spies and fascists. I appeal to you on behalf of the #LetMyPeopleGo campaign. There are no independent courts in Russia; this is why politically motivated cases have no chance of being decided fairly. Only international pressure can help achieve the release of those detained. We are waiting for the return of Savchenko, Olexandr Kolchenko, Sentsov, Gennadiy Afanasiev, Olexii Chirnii, Sergiy Lytvynov, Mykola Karpiuk, Stanislav Klyh, Olexandr Kostenko, Haiser Dzhemilev, Yurii Soloshenko, Valentyn Vyhyvskii and Viktor Shur. We also demand that Russia stop occupying Crimea and that Akhtem Chyihoz, Ali Asanov, Mustafa Dehermendzhy, Yuriy Ilchenko, Ruslan Zaytullaev, Nuri Primov, Rustam Vaytov and Ferat Sayfullaev be freed. It is likely that this list is incomplete. Nevertheless, we demand that Russia release all of its prisoners who have been subject to politically motivated persecution.
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It's Time to Hold the Azerbaijan Regime AccountableFriday, January 08, 2016
Azerbaijani President Ilham Aliyev's habit of brutally silencing dissent may be finally catching up with him. A new bill introduced in Congress last month would require the U.S. State Department to deny visas to senior members of Aliyev's government until the country can prove it has ceased harassment of independent media and NGOs and made significant progress toward freeing its political prisoners. Despite facing long odds, the Azerbaijan Democracy Act of 2015 marks a major turning point. For years, the United States has struggled to muster any real condemnation of Azerbaijan's government, one of the most corrupt and repressive in the world. U.S. officials and lawmakers still routinely refer to their Azerbaijani counterparts as "friends" despite the fact that the former Soviet country's latest crackdown has been accompanied by a general turn away from the West. Or should we say partial turn. Azerbaijan wants to be at the table with Western nations when money is up for grabs, but it hasn't acquired the same taste for values about human rights and dignity. This juxtaposition was perhaps most apparent earlier this year when the country hosted the inaugural European Games, a 17-day competition featuring 6,000 athletes from 50 countries. The capital city of Baku spared no expense to project a modern, glamorous image during the event--even flying in Lady Gaga for a surprise performance. For many people, it was a first glimpse of Azerbaijan. But that glimpse was carefully choreographed. Foreign reporters who agreed to play by the government's rules were rewarded with access to the games; others,including Guardian sports correspondent Owen Gibson, were banned from attending after calling out human rights abuses in the country. What the cameras did not capture that night was the escape of Emin Huseynov, the founder of the Institute for Reporters' Freedom and Safety, who fled Azerbaijan for Switzerland on the private plane of the Swiss foreign minister. Huseynov first sought refuge at the Swiss embassy ten months earlier after Azerbaijani authorities raided his office. Other human rights advocates and journalists have not been as fortunate. Within a 10-day period in August 2014, Intigam Aliyev, Rasul Jafarov, and Leyla and Arif Yunus all were arrested. They were later subjected to speedy show trials resulting in lengthy prison sentences for crimes they did not commit. Leyla and Arif, both seriously ill, have recently been released to serve suspended sentences but still face charges of treason. Employees of Meydan TV, whose founder reported receiving a high-level threat during the European Games, have been barred from leaving Azerbaijan, repeatedly questioned at the prosecutor's office, and detained without cause. Their families have also faced pressure. Two brothers of editor Gunel Movlud are currently being held on bogus drug charges. Most tragically, in August, Rasim Aliyev, a journalist and chairman of the Institute for Reporters' Freedom and Safety, died after he was severely beaten by attackers. Although the assault was reportedly connected to a criticism Aliyev made of a soccer player on Facebook, Aliyev had previously experienced threats against his life. The attack was one of hundreds against Azerbaijan's journalists in the past decade, including at least two other murders. Quiet diplomacy from the United States and the European Union has failed to reverse Azerbaijan's relentless pursuit of critics and civil society groups. The State Department called Leyla Yunus' release earlier this month a "welcome" development and a "positive step." Meanwhile, the deputy chairman of the opposition Popular Front Party, was arrested the day before, and the treason trial of dissident journalist Rauf Mirqadirov is still underway. But perhaps President Aliyev's luck is running out. In November, in an unprecedented step, the Organization for Security and Co-Operation in Europe's Office for Democratic Institutions and Human Rights, its Parliamentary Assembly, and the European Parliament all canceled monitoring missions to Azerbaijan to protest the irregularity of the country's parliamentary elections. Last month, Thorbjørn Jagland, secretary general of the Council of Europe, made a bold move of his own, announcing an inquiry into Azerbaijan's implementation of the European Convention on Human Rights. And on the same day, U.S. Congressman Chris Smith, chairman of the Helsinki Commission, introduced the Azerbaijan Democracy Act and held a hearing on the case of Khadija Ismayilova, one of the few journalists in Azerbaijan who dared to report on corruption among the country's ruling elite. Ismayilova was arrested last year and is now serving a seven and a half-year prison sentence. Ismayilova has kept up the pressure on her country even from behind bars. On the eve of the European Games, with the help of Sport for Rights, a coalition of international press freedom groups that recently published a report on Azerbaijan's human rights record, she managed to get a letter out of jail to The New York Times. "The truth is that Azerbaijan is in the midst of a human rights crisis. Things have never been worse," she wrote, urging the international community: "Do not let the government of Azerbaijan distract your attention from its record of corruption and abuse." Maybe now the world is ready to listen.
Helsinki Commission Chair Acts to End Human Rights Violations in AzerbaijanWednesday, December 16, 2015
WASHINGTON—Following years of systematic efforts by the Government of Azerbaijan to eliminate the voices of independent journalists, opposition politicians, and civil society groups, Helsinki Commission Chair Rep. Chris Smith (NJ-04) today introduced H.R. 4264, the Azerbaijan Democracy Act of 2015, a landmark bill that will deny U.S. visas to senior members of the Azerbaijani government. “We recognize that there are important national security and economic ties that exist between our two countries, but the United States can no longer remain blind to the appalling human rights violations that are taking place in Azerbaijan,” said Rep. Smith. “Journalists and activists are routinely arrested and imprisoned; opposition politicians are in jail and elections are not free and fair; human rights lawyers have been harassed and disbarred; and religious freedom is under attack. The Azerbaijan Democracy Act demonstrates that the United States takes human rights and fundamental freedoms seriously, and that we will not compromise when faced by a government that represses the political opposition, the media, and religious minorities.” In addition to denying U.S. visas to senior leaders of the Government of Azerbaijan, those who derive significant financial benefit from business dealings with senior leadership, and members of the security or judicial branches, the Azerbaijan Democracy Act also expresses the sense of Congress that financial penalties should be considered. Sanctions could be lifted when the Azerbaijani government shows substantial progress toward releasing political prisoners, ending its harassment of civil society, and holding free and fair elections. “It is unacceptable that senior members of the Azerbaijani government are free to visit the United States while courageous women and men like investigative journalist Khadija Ismayilova, attorney Intigam Aliyev, opposition politician Ilgar Mammadov, and activist Anar Mammadli are locked away in prisons with inadequate access to legal or even medical assistance,” Rep. Smith said. “If they can pay the price for standing up for human rights, the least we can do is to stand with them.” Rep. Smith is a long-standing advocate for human rights in Azerbaijan. Following the introduction of today’s legislation he will chair a 2PM hearing to examine Azerbaijan’s persecution of Ms. Ismayilova, who was sentenced to 7.5 years in prison in early September.
Attacks on Press Freedom in Azerbaijan Investigated at Congressional HearingWednesday, December 16, 2015
WASHINGTON—At a hearing convened today by the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, Chairman Chris Smith (NJ-04) and other lawmakers examined the plight of political prisoners in Azerbaijan and in particular the imprisonment of journalist of Khadija Ismayilova, an investigative journalist known for her reports into the wealth of the senior leadership of the Government of Azerbaijan. “Much of Khadija’s reporting was done as a journalist for U.S.-funded Radio Free Europe/Radio Liberty. This means that the U.S. government has a special obligation to do everything it can to secure Khadija’s release,” said Helsinki Commission Chair Rep. Chris Smith (NJ-04). “Our government must take every opportunity, must leave no stone unturned, in the effort to secure her release. The State Department must make Khadija’s release a true diplomatic priority.” Following several months of harassment by Azerbaijani authorities, Ms. Ismayilova was arrested on spurious charges in December 2014. RFE/RL was subsequently raided and closed by the Government of Azerbaijan. After a lengthy trial that was widely condemned by the international community for numerous irregularities, in September Ms. Ismayilova was sentenced to 7.5 years in prison. Her appeal was denied on November 25. “Human rights organizations have documented Azerbaijan’s crackdown on civil society over the last three years,” Rep. Smith continued. “The human rights situation has seriously deteriorated in Azerbaijan, causing damage to its relations with the United States and other countries, and has damaged its own society by imprisoning or exiling some of its best and brightest citizens. The time has come to send a clear message.” Nenad Pejic, Vice President and Editor-in-Chief of Programming at RFE/RL, testified at the hearing. He said, “The arrest and imprisonment of Khadija Ismayilova and the closure of RFE/RL’s Baku bureau represent a targeted and coordinated effort by the country’s most senior leadership to punish journalists who report on the government’s corruption, silence independent journalism, and end RFE/RL’s operations in Azerbaijan.” “[We urge] the Commission, the Obama Administration, and Members of Congress to raise the issue of restrictions on freedom of the press in meetings with senior Azerbaijani officials, to demand the immediate release of all Azerbaijani journalists, to put an end to these trumped-up prosecutions, to abandon the practice of collective punishment and to investigate the murders of journalists,” said Delphine Halgand, the U.S. director of Reporters Without Borders. “President Obama should meet with Khadija Ismayil’s mother, and members of Congress visiting Azerbaijan should visit Khadija Ismayil in prison,” said T. Kumar, International Advocacy Director for Amnesty International USA. The Helsinki Commission has long pressed the Government of Azerbaijan to end its repression of the political opposition, journalists, and religious minorities. Earlier today, Chairman Smith introduced H.R. 4264, the Azerbaijan Democracy Act of 2015, landmark legislation to deny U.S. visas to senior members of the Azerbaijani government following years of systematic efforts by the Government of Azerbaijan to eliminate the voices of independent journalists, opposition politicians, and civil society groups. In 2015 alone, the Commission has issued numerous statements on the rapid decline of human rights in the country and held a November briefing examining how the government of Azerbaijan uses its judicial system to intimidate and imprison critics of the government.
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U.S. Bill Seeks Sanctions On Azerbaijani Officials For 'Appalling' Rights RecordWednesday, December 16, 2015
A U.S. lawmaker has introduced legislation that would deny U.S. visas to senior Azerbaijani officials due to what he calls Baku's "appalling human rights violations." U.S. Representative Chris Smith (Republican-New Jersey) introduced the bill, titled the Azerbaijan Democracy Act of 2015, in the House of Representatives on December 16. "The human rights situation has seriously deteriorated in Azerbaijan, causing damage to its relations with the United States and other countries, and has damaged its own society by imprisoning or exiling some of its best and brightest citizens," Smith told a hearing of Congress's Helsinki Commission held in conjunction with the announcement of the legislation.
Helsinki Commission Hearing to Scrutinize Azerbaijan’s Persecution of RFE/RL Reporter Khadija IsmayilovaMonday, December 14, 2015
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Azerbaijan’s Persecution of RFE/RL Reporter Khadija Ismayilova” Wednesday, December 16, 2015 2:00 PM Rayburn House Office Building Room 2200 Live Webcast: http://bit.ly/1VRaf3G In December 2014 the Government of Azerbaijan arrested investigative journalist Khadija Ismayilova on spurious charges and subsequently raided the offices of her employer, U.S.-funded Radio Free Europe/Radio Liberty (RFE/RL). After a lengthy trial that was widely condemned by the international community for numerous irregularities, in September Ms. Ismayilova was sentenced to 7.5 years in prison. Her appeal was denied on November 25 and the RFE/RL Baku Bureau has remained shuttered by the Government of Azerbaijan. As Helsinki Commission Chair Rep. Chris Smith (NJ-04) noted at the time of her sentencing, “[Ms. Ismayilova] is being robbed of her freedom for exposing corruption within the Azerbaijani government. Her arrest last December and the subsequent shutdown of the RFE/RL bureau in Baku were direct attacks on media freedom.” Ms. Ismayilova is known for her well-documented investigative reports into the wealth of the senior leadership of the Government of Azerbaijan and had suffered harassment from the security services for some time before her arrest. This hearing will examine the conduct of the trial against Ms. Ismayilova and whether or not the U.S. Government has done all it can to secure her release and to address the closing of the Baku bureau of RFE/RL. The following witnesses are scheduled to testify: Nenad Pejic, Vice President / Editor-in-Chief of Programming, RFE/RL Delphine Halgand, U.S. Director, Reporters Without Borders T. Kumar, International Advocacy Director, Amnesty International USA Shelly Han, Policy Advisor, Commission on Security and Cooperation in Europe
Human Rights Violations in Russian-Occupied CrimeaFriday, December 11, 2015
The briefing reviewed the current condition of life in Crimea under Russian rule. Panelists highlighted the illegal nature of Russian rule over the peninsula and described the human rights abuses commited by the new authorities. Several of the panelists described the propaganda campaign and censorship that the Russian government has been carrying out to tighten its grip on the peninsula. Participants also outlined possible responses by the international community -- particularly sanctions -- to address the situation in Crimea.
Helsinki Commission Briefing to Probe Human Rights Violations in Occupied CrimeaFriday, December 04, 2015
WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “Human Rights Violations in Russian-Occupied Crimea” Friday, December 11 2:00 PM Rayburn House Office Building Room B-318 Russia’s illegal annexation of Ukraine’s sovereign territory of Crimea in March 2014 – which flagrantly violated numerous international agreements, including core OSCE principles enshrined in the Helsinki Final Act – resulted in a deplorable human rights situation that continues today. Changes in government and the legal framework in Crimea following Russia’s annexation have had a toxic impact on human rights and fundamental freedoms. Violations of civil, political, social, economic, and cultural rights are widespread, especially against those who openly oppose the Russian occupation, including Crimean Tatars and other ethnic, political, and religious groups. The Helsinki Commission briefing will present key findings of the recent report, “Human Rights on Occupied Territory: Case of Crimea,” prepared by an international team of lawyers led by Ivanna Bilych. Panelists from Ukraine will provide valuable insights about the situation on the ground. The following panelists are scheduled to participate: Ivanna Bilych, Co-founder and President of VOLYA Institute, board member of the Ukrainian American Bar Association Andriy Klymenko, Chief Editor of Black Sea News; prominent economist, originally from Crimea Bohdan Yaremenko, Chairman of the board of the Ukrainian non-governmental organization, Maidan of Foreign Affairs, former Ukrainian diplomat Yuriy Yatsenko, Activist of the Maidan Revolution of Dignity who was illegally imprisoned in Russia on political grounds and recently released after a year of imprisonment
The Rule of Law and Civil Society in AzerbaijanThursday, November 05, 2015
This briefing discussed the current state of democracy and human rights in Azerbaijan following the 2015 parlimentary election. Ambassador Morningstar, who was the U.S. ambassador to Azerbaijan from 2012 until 2014, recommended that the United States focus on building trust and opportunites for cooperation with the Azerbaijani government, in order to have leverage to encourage respect for human rights. Natalia Bourjaily spoke about the increasing number of legal restrictions on foriegn NGOs in Azerbaijan and Dinara Yunus discussed the conditions under which her parents, Azeri human rights activists, were held.
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.’’