Ukraine

Ukraine

Hon.
Benjamin L. Cardin
Washington, DC
United States
Senate
113th Congress
Second Session
Congressional Record, Vol. 159
No. 5
Thursday, February 27, 2014
Mr. CARDIN. Mr. President, I take this time to share with my colleagues the tragic events that unfolded these past few weeks in the Ukraine. Ukraine is an incredibly important country. The recent events are tragic, the result of a corrupt government and loss of life.

I remember the Orange Revolution that took place in Ukraine, starting in November 2004, ending in January 2005. Hundreds of thousands of Ukrainians took to that protest to protest the corrupt election. They did it in a peaceful way.

They not only got the attention of the people of Ukraine but the attention of the world. As a result of that peaceful revolution, the government stood for new elections, free and fair elections. Democratic leadership was elected, and all of us thought the future for Ukraine was very positive.

I was in Kiev not long after that Orange Revolution. I had a chance to talk to people who were involved, and I talked to the new leaders. I saw that sense of hope that Ukraine at long last would be an independent country without the domination of any other country and that the proud people would have a country that would respect their rights, that would transition into full membership in Europe and provide the greatest hope for future generations.

They started moving in that direction. As the Presiding Officer knows, there were agreements with Europe on immigration. They have been involved in military operations in close conjunction with NATO. Ukraine was and is an important partner of the United States and for Europe.

Then Victor Yanukovych came into power for a second time. Mr. Yanukovych took the country in a different direction. He was a corrupt leader. He had a close involvement with Russia.

Today there is some hope. The Parliament has brought in a new interim government. Presidential elections are now scheduled for May 25. But there are certain matters that are still very much in doubt. In the Crimea, which is a part of the Ukraine which has a large Russian population, it is unclear as to what is happening there. Pro-Russian sympathizers have taken over government buildings. It is not clear of Russia’s involvement.

It is critically important that the international community have access to what is happening in the Crimea and make it clear that Russia must allow the Ukraine to control its own destiny. It is time for the international community to mobilize its resources to assist Ukraine’s transition to a democratic, secure, and prosperous country.

The people of Ukraine have had an incredibly difficult history and over the last century have been subjected to two World Wars, 70 years of Soviet domination, including Stalin’s genocidal famine.

Our assistance at this time will be a concrete manifestation that we do indeed stand by the people of Ukraine as they manifest their historic choice for freedom and democracy. Moreover, we need to help Ukraine succeed to realize the vision of a Europe whole, free, and at peace.

That is our desire and that is the desire of the people of Ukraine. They are moving on the right path. They critically need our help and that of the international community to make sure Russia does not try to dominate this country; that its desire to become part of Europe is realized; that free and fair elections can take place, and the rights of their people can be respected by their government.

Yesterday I heard from Swiss President and OSCE Chair-in-Office Burkhalter and welcomed his engagement and the important role the OSCE can play in Ukraine.

As a member of the Commission, I had the honor of chairing the Helsinki Commission, which is our implementing arm to the Organization for Security and Co-operation in Europe. A Foreign Minister from one of the member states usually acts as our Chair-in-Office, and this year Mr. Burkhalter is not only the Foreign Minister of Switzerland, he is also the President of Switzerland. He is the person responsible for the direction of the organization. We had a hearing with him and Ukraine took a good part of our discussions.

The guiding principles of the OSCE is if they are going to have a prosperous country, if they are going to have a secure country, they have to have a country that respects the rights of its citizens. Respecting the rights of its citizens means they are entitled to good governance. They are entitled to a country that does not depend upon corruption in order to finance its way of life. Those are the principles of the OSCE. A country with good governance, respect for human rights, that takes on corruption, is a country in which there will be economic prosperity and a country which will enjoy security. That has been our chief function, to try to help other countries.

The meeting yesterday underscored the importance OSCE can play in the future of Ukraine, and we hope they will utilize those resources so Ukraine can come out of this crisis as a strong, democratic, and independent country.

There has to be accountability. There has to be accountability for those who are responsible for the deaths in Kiev. I mention that because, yes, there is a moral reason for that. Those who commit amoral atrocities should be held accountable. That is just a matter of basic rights. But there is also the situation when they don’t bring closure here, it offers little hope that these circumstances will not be repeated in the future. If future government leaders believe they could do whatever they want and there will be no consequences for their actions, they are more likely to take the irresponsible actions we saw on Ukraine.

So, yes, it is important we restore a democratic government in Ukraine. It is important that government be independent and able to become a full member of Europe. It is important that government respect the human rights of its citizens, but it is also important they hold those responsible for these atrocities accountable for their actions.

The Obama administration took some action this past week. They did deny visas to certain members who were responsible for the Government of Ukraine, and they did freeze bank accounts of those who were involved in the corrupt practices in Ukraine. That was a good first step and I applaud their actions.

I remind my colleagues we passed the Sergei Magnitsky Rule of Law Accountability Act as part of the Russia PNTR legislation. I was proud to be the sponsor of the Sergei Magnitsky Rule of Law Accountability Act. What it does—and it says it was amended to apply only to Russia—those who are involved in gross violations of internationally recognized human rights will be denied the privilege of being able to come to America, to get a visa and we will deny them the opportunity to use our banking system.

Why is that important? Because we found those corrupt officials want to keep their properties outside of their host country. They want to visit America. They want to use our banking system. They want their corrupt ways to be in dollars, not in rubles. Denying them that opportunity is an effective remedy for making sure they can’t profit from all of their corruption.

That legislation was limited to Russia not by our design. The Senate Foreign Relations Committee and the Senate Finance Committee approved the Sergei Magnitsky Rule of Law Accountability Act as a global act applying beyond Russia.

Sergei Magnitsky was a young lawyer who discovered corruption in Russia. He did what he should have done— told the authorities about it. As a result, he was arrested, tortured, and killed because he did the right thing. We took action to make sure those responsible could not benefit from that corruption. That was the Sergei Magnitsky bill. We felt, though, it should be a tool available universally. We had to compromise on that, and it was limited to Russia.

It is time to change that. Along with Senator MCCAIN, I have introduced the Global Human Rights Accountability Act, S. 1933. It has several bipartisan sponsors. It would apply globally. So, yes, it would apply to Ukraine. It would have congressional sanctions to the use of tools for denying visa applications and our banking privileges to those who are responsible for these atrocities. I believe our colleagues understand how important that is for us to do.

It is interesting that today the State Department issued its Human Rights Practices for 2013. This is a required report that we request. It gives the status of human rights records throughout the world, talking about problems.

I am sure my colleagues recognize that human rights problems are not limited to solely Russia or Ukraine, from Bahrain to China, to Bangladesh, from Belarus to Ethiopia, to Venezuela, from the Sudan to South Sudan, Syria, the list goes on and on and on.

The report lists all of the gross violations of human rights that have occurred. Unfortunately, this list is too long. I can name another dozen countries that are spelled out in this report. Human rights are universal, and it is our responsibility to act and show international leadership.

It takes time to pass good laws, as it should, which is why we must act with urgency now. The measures contemplated in my legislation have great corrective power, but they are strongest when deployed in a timely manner, preferably before the outbreak of violence.

The year 2013 was a particularly challenging year for human rights and we cannot afford to be silent. The Global Human Rights Accountability Act serves as an encouragement for champions of democracy, promoters of civil rights, and advocates of free speech across the globe.

As the great human rights defender Nelson Mandela once said: ‘‘There are times when a leader must move ahead of the flock, go off in a new direction, confident that he is leading his people the right way.’’

In this great body, the Senate, we have a responsibility to lead the way in accountability for human rights. We have done that in the past. We have shown through our own example and we have shown through our interest in all corners of the world that this country will stand for the protection of basic human rights for all the people. We now have a chance to act by the passage of the global Magnitsky law. I hope my colleagues will join me in helping enact this new chapter and the next chapter in America’s commitment to international human rights.

I suggest the absence of a quorum.

Relevant countries: 
Leadership: 
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Of course, the fight against corruption is not simply a law enforcement matter; rather it can also be a significant – if not the most significant – non-tariff barrier all companies face.  Accordingly, the U.S. Department of Commerce and the International Trade Administration (or ITA) are committed to working with our trading partners to level the playing field and to promote transparent and corruption-free markets globally.  Our work to promote clean and ethical business environments occurs at both the multilateral and bilateral level.  At the multilateral level, the ITA is pressing its counterparts to lead by example and to implement comprehensive anti-corruption measures.   In addition to our work through the OECD, the United States has been working diligently to persuade the G20 countries to adopt a comprehensive anti-corruption action plan, which includes a commitment focused on adoption and robust enforcement of anti-bribery laws, implementation of the UN Convention Against Corruption, greater engagement with the private sector, and support for transparency mechanisms, to name a few.  Many of these commitments require our G20 partners to enact and implement new laws and preventive measures.   The United States, at ITA’s initiative, in particular, took the lead on proposals relating to the private sector and also on whistleblower protection, within the G20.  In the United States, whistleblowers play a crucial role in helping to enforce anti-corruption law.  This principle is also embodied in international conventions.  Articles 12 and 13 of the UN Convention require States Parties to prevent corruption in the private sector and promote the fight against corruption with the business community and civil society.  Unless governments can protect whistleblowers, it is unlikely that they can identify or address systemic causes of corruption.  The United States believes robust whistleblower protection should be an essential part of any good governance initiative in the OSCE, and I was encouraged to hear Ambassador O’Leary indicate that this will be an area of focus under the Irish Chairmanship.   The U.S. Department of Commerce has also been committed to fostering strong private sector integrity as an integral part of promoting good governance in markets worldwide.  Companies are global corporate citizens, and as such, can work collectively and with governments to foster trust, and promote transparency.  I hope that some our work may provide a useful model for the OSCE to consider as it looks to embrace good governance and anti-corruption as a priority for the second dimension, a goal we fully support, and which I am personally committed to supporting. For example, the ITA has championed business ethics and corporate governance reform since the early 1990s, following the fall of the Berlin Wall.  Our Business Ethics Manual has been translated into Chinese, Spanish and Russian and is still one of the most widely used resources on this important topic.  We have partnered with business associations and chambers of commerce to develop collective action and business ethics program in many markets.   Our work on business ethics has grown.  This past year, the ITA has focused on trying to heighten awareness of good governance, transparency and business ethics in sectors of vital importance to many economies – by taking a “sectoral” approach to combating corruption and promoting good business practice, the challenge of dealing with corruption becomes less daunting.  The ethical issues specific to different industries vary greatly – and there is no one-size-fits-all approach to the problem.  Within the G20, for example, the United States, at the initiative of the U.S. Department of Commerce, has taken the lead in calling for the G20 to endorse additional sectoral approaches to fighting corruption, beyond the Extractive Industries Transparency Initiative (EITI).  We have asked G20 governments, for example, to consider supporting the Construction Sector Transparency Initiative (COST) – a new multistakeholder initiative, developed by the World Bank.  COST uses similar approaches to EITI to promote greater transparency in public infrastructure projects and government procurement.  I hope that the OSCE might similarly consider COST and other multistakeholder approaches to promoting transparency under the Irish chairmanship.     Within APEC, the ITA has focused on developing new ethical principles for key sectors within the APEC region.  I am pleased to report that under the APEC SME working group, we have coordinated a project with APEC countries and businesses to develop principles of business ethics in the construction, medical devices and biopharmaceutical sectors.  These voluntary principles are meant to be used by businesses and trade associations – large and small – to guide their ethical interactions with public officials and institutions.   I hope that within the OSCE framework and the EEDIM, we might also consider focusing on business ethics in specific sectors of interest to all of our economies.  I want to close by suggesting some activities to take the theme of good governance and transparency forward.  In addition to encouraging the OSCE to formally endorse the Extractive Industries Transparency Initiative—a move that would send an important signal about this body’s commitment to the principles of good governance and transparency—the U.S. encourages us to explore whether there are additional sectoral initiatives that merit support from the OSCE, including the Construction Sector Transparency Initiative.  The United States Government also strongly supports the Irish Chair’s goal to develop a Statement or Declaration of Transparency Principles to help guide our governments in their future activities. I want to encourage us to consider new models of bilateral cooperation to promote good governance such as the model Mr. Murray just discussed, leading to a public-private initiative in the Russian power generation sector.   We at the U.S. Department of Commerce are working closely with the Center for Black Sea/Caspian Studies at American University to potentially convene a conference in May of next year that would seek to address the challenge of developing mechanisms to ensure good governance and transparency, while also balancing the goals of protecting national security and accelerating economic development faced by the countries of the Caucasus and Central Asia, as they seek to assert their role as a gateway between Europe and Asia.  In addition, the conference will also focus on specific market access challenges to regional integration and economic development in the Caucasus and Central Asia such as transparency in Government procurement and privatization, and trade facilitation challenges, including customs and lack of regional harmonization.  It is our hope that the OSCE will join us for this event – focused on critical areas such as transport and infrastructure – to work on tangible ideas for projects and collaborations in the OSCE region. We look forward with great interest to the 20th Economic and Environmental Forum, where we will delve deeper into all the facets of good governance.  We also thank the Lithuanian Chairman-in-Office for ensuring that their draft Ministerial Council decision on Energy Security incorporates transparency in the energy sector – in our view, considering the vital role that energy plays in modern economic life, there can be no confidence, and thus no security, without energy transparency.  In the year ahead, we envision an even broader focus on transparency principles across the entire spectrum of economic and environmental activities, and will work with all of our colleagues in the OSCE to make that vision a reality. Thank you, Mr. Moderator.

  • Commissioner Camuñez's Opening Statement at the Economic and Environmental Dimension Implementation Meeting

    Economic and Environmental Dimension Implementation Meeting Opening Remarks On behalf of the United States, I would like to thank the Lithuanian Chairman-in-Office, Secretary General Zannier, Coordinator for Economic and Environmental Activities Svilanović, and of course our Austrian hosts for convening this inaugural Economic and Environmental Dimension Implementation Meeting and for providing a warm welcome to Vienna. It is an honor to be here today as head of the U.S. delegation to the OSCE, representing the U.S. Government in my capacity as an Assistant Secretary of Commerce for Market Access and Compliance (MAC) within the International Trade Administration, and as a Commissioner to the U.S. Helsinki Commission. As a Commerce Department Assistant Secretary for Market Access and Compliance, I am responsible for helping lead the effort to open new markets for U.S. companies, identifying and eliminating market access challenges such as non-tariff barriers to trade, and helping to monitor and enforce U.S. trade agreements and commitments. The work of the Environmental and Economic Dimension, especially that which focuses on transparency of markets and good governance, is closely aligned with the work we undertake in the International Trade Administration. I am here today to deliver the message that the U.S. Government is highly committed to making the second dimension even more effective and dynamic, and that we will do our part in ensuring that our economic and environmental commitments receive the same level of attention and scrutiny that those in the political-military and human dimensions currently enjoy. I will try to keep my remarks brief, but I think it is critical that we take a close look at the economic and environmental commitments as they were spelled out in the 2003 Maastricht Strategy. We still see Maastricht as the key blueprint for moving forward on all the  commitments that have come before, and in particular, note a number of areas where we could pursue significant, substantive action over the next few years to achieve measurable progress. Our commitments on economic cooperation have at their core the idea of connectedness to regional and global markets, to trade and investment networks, and to energy and transportation infrastructure, as a way to address emerging economic challenges and threats. In light of the global economic downturn, it is vital that we recommit ourselves to increasing cooperation through a variety of measures, including improving corporate governance and public management, eliminating unnecessary and discriminatory barriers to trade, continuing  to harmonize our regulations and standards where appropriate, taking further steps to combat financial crimes like bribery and money laundering, and increasing confidence through the incorporation of transparency principles in all of our public and private ventures. At the same time, in view of our progress made this year worldwide on  empowering women in the economy, first at the Invest for the Future Conference in Istanbul in January and most recently at the APEC Summit in San Francisco, we believe it is important to recognize the critical connection between women and strong economies, and to remove all barriers that prevent women from full and equal participation in the economy. I would like to focus my comments this morning on the subject of good governance, however. We have committed ourselves time and again to “good governance,” and while progress has been made, much work remains to be done. As stated in the 2003 Maastricht Strategy, achieving good governance will require a comprehensive, long-term strategic approach. In the view of the U.S. Government, good governance is the core theme within the economic and environmental dimension, and we are pleased that next year’s Forum will address the topic in a broad and detailed way. When we speak of good governance, we speak about governments having both the propensity and the competence to manage complex political and economic systems in a fair, fully inclusive, and transparent way. Anti-corruption is part of it, but not the whole picture. It’s about having transparent, clear and predictable legislative and regulatory frameworks that foster efficient and low-cost business formation and development, and most importantly allow and even encourage robust participation in the political and economic spheres by civil society. Let me say a few words about my agency’s past and current work in this area, reserving greater details and the highlights of a new proposal for Session III tomorrow. From 1998-2008, the U.S. Department of Commerce launched a Good Governance Program, focused on partnering with the public and private sectors in the countries of the former Soviet Union and Central-Eastern Europe. This work, focused on promoting sound corporate governance and business ethics, culminated in the publication of a Business Ethics Manual, a Commercial Dispute Resolution Handbook, and a Corporate Governance Manual translated into several languages and disseminated widely throughout the OSCE region. Today, we continue to work on numerous initiatives around the world, within multilateral fora such as APEC and the G20, which involve OSCE members, promoting consensus based principles focused on anticorruption. We have taken our business ethics work and branched out into new regions including Asia and Latin America. Despite a clear understanding of its importance, the lack of good governance and systemic corruption remain some of the single most important market access challenges for companies engaged in trade around the world. This is especially true for small and medium sized enterprises, which are the engine of economic growth and innovation throughout the world. The United States believes that addressing these issues can only lead to greater investment, economic prosperity and security. Over the next three days, we will discuss OSCE support for the Extractive Industries Transparency Initiative (EITI). I am pleased to report that the U.S. Department of Commerce played an important role in supporting the creation of the EITI in its initial phase. The OSCE now has a chance to follow in the steps of the G8 and G20, by endorsing the EITI, and I applaud the governments that have preceded the United States as implementers. The EITI is a great example of how shared commitments towards good governance and transparency in a vital sector to many countries can work and build sustained momentum and engagement between the private sector, governments and civil society. Tomorrow I will share more concrete information about the work that the U.S. Government and my Department have undertaken to promote good governance and to combat corruption. I am pleased to have an expert on business ethics and anti-corruption in the energy sector, as part of the U.S. delegation. Mr. Matthew Murray runs the Center for Business Ethics and Corporate Governance in St. Petersburg, Russia, and he’ll speak to you later about a good governance initiative involving public and private stakeholders in the power generation sector in Russia, which may serve as a model for similar programs in other OSCE countries. I am also pleased to have Kate Watters of Crude Accountability joining the U.S. delegation, who will provide some examples of how transparency is a critical component of enhancing security in the environmental sphere. A month ago, the Economic and Environmental Forum discussed the concept of sustainability and where efforts to promote sustainable practices stand in our region. Those discussions remind us that our commitments on sustainable development encompass a broad spectrum of activities related to efficiency, sound resource management, and the full involvement of all stakeholders in decision-making. Just to cite an example from the Prague Forum, we recognize that in order to further develop economies and markets in such varied areas as the Black Sea region and Central Asia we will need to address several problems: improving the efficiency of border crossings and building construction, tilting the energy mix towards cleaner fuels, harmonizing standards and practices across the region, and, just as critically, ensuring broad involvement of civil society in the decision-making on project proposal, design, and implementation. One thing that sets the OSCE apart from many other organizations addressing the environment is recognition of the clear connection between the environment and security. We recognize that many environmental disasters cannot be predicted or prevented. At the same time, greater transparency – through information sharing and civil society engagement – about possible security risks stemming from the environment will make it possible to prevent or mitigate more disasters, both natural and man-made. We also must recognize that failure to protect the environment is itself a security risk, putting increased pressure on populations facing dwindling resources of clean air and water, arable farmland, and adequate energy. Colleagues, The next three days provide a critical juncture and platform for finding consensus on measures that will improve our implementation of the OSCE commitments in the economic and environmental dimension. The Vilnius Ministerial is only a month and a half away; now is the time to summon the political will to find a way forward. We look forward to building consensus on decisions on energy security, to include good governance and transparency, and we welcome constructive dialogue on additional measures proposed on confidence-building initiatives and sustainable transport. We view these elements, along with sustainable development and protecting the environment, as the cornerstones of the Maastricht Strategy, and will be speaking about these over the next several days. Just a month ago, we found some convergence of opinion on discrete aspects of the second dimension. Let us expand that convergence to the entire dimension as we review our economic and environmental commitments over the next few days, with a view toward substantive deliverables for Vilnius. Thank you, Mr. Moderator.

  • Mongolia Moves Toward Europe

    In this briefing, moderated by Commissioner Joseph Pitts (R-PA), the focus was Mongolia’s desire to seek full membership in the OSCE. Since 2004, Mongolia had been an Asian Partner for Cooperation with the OSCE. By establishing a framework for like-minded countries such as Mongolia, the OSCE has been able to further its mandate, particularly in addressing conflict prevention and security threats, and explore opportunities for a wider sharing of OSCE norms, principles, and commitments. The rationale for such an effort to make Mongolia a full-fledged member state was its democratic resilience during what had been, at times, a very difficult economic and political transition. Witnesses attending the briefing included H.E. Khasbazaryn Bekhbat, Ambassador of Mongolia to the United States, Johns Hopkins SAIS Professor Terrence Hopmann, and John Tkacik, President of China Business Intelligence.

  • Russia’s Upcoming Elections and the Struggle for Public and Competitive Politics

    Mark Milosch, Chief of Staff of the Commission on Security and Cooperation in Europe, spoke on behalf of Congressman Chris Smith to address Russia’s upcoming Duma or parliamentary elections that were scheduled for early December. An evaluation of the potential outcomes of the coming round of Russian elections was presented, with particular concern that the elections would be significantly less free and fair than those of 2007 and 2008. Witnesses testifying at the briefing – including Leon Aron, Director of Russian Studies for the American Enterprise Institute; Ariel Cohen, Senior Research Fellow for Russian and Eurasian Studies for the Heritage Foundation; and Vladimir Kara-Murza, Member of the Federal Political Council of Solidarity – outlined the political, social, and economic contexts in which the elections would take place, and pointed to the role of Vladimir Putin as an influential actor in the elections.  

  • Commemoration of the Anniversary of the Warsaw Uprising

    Mr. Speaker, as Chairman of the Helsinki Commission and Co-Chairman of the Poland Caucus, I have long been struck by the way in which history casts both long shadows and rays of light in Poland. I have had the privilege of traveling to Poland, one of America's closest allies, and was overwhelmed by the weight of history when I met with those who are building the Museum of the History of Poland's Jews. Institutions like this are not only critical for Poland's future generations, but for what all of us, around the world, can learn from Poland. Today, I rise today to commemorate the 67th anniversary of the Warsaw Uprising, a courageous act of defiance by the people of Poland against the brutal Nazi occupation during the Second World War. On August 1, 1944, the Polish Underground began its struggle to liberate Warsaw, to further weaken the collapsing German eastern front and to establish Polish sovereignty in response to the Red Army's advance to the city's outskirts. Despite the courage and fortitude of the Polish people, the Underground could not overcome the Nazis' determination to oversee the complete destruction of the Home Army and the city, bolstered by official orders and a directive that the massacre was to serve as a "terrifying example'' to Europe. More than 200,000 civilians and members of the Home Army were killed in Warsaw over a 63-day period. Between August 5 and August 8, the Nazis murdered more than 40,000 people--overwhelmingly civilians--in the Wola district of Warsaw alone. Survivors, describing the horror of the executions, told of the indiscriminate slaughter of thousands of women and children. Approximately 700,000 Warsaw residents were expelled from their homes and forced out of the city--many sent to death, labor, or POW camps. Hitler ordered that Warsaw should be razed to the ground; Heinrich Himmler declaring in the most chilling terms that Warsaw "must completely disappear from the surface of the earth.'' To that end, the Nazis systematically targeted buildings filled with deep meaning for the Poles, including cultural treasures, monuments, palaces, libraries, churches, and the Old Town. By the beginning of October, the Polish capitol was reduced to rubble--85 percent of the buildings in Warsaw had been destroyed. But from ashes come diamonds and, despite this barbaric campaign, the Polish desire for freedom and liberty could not be extinguished--not even by the decades of communist oppression which followed the end of the war. Such courage and resilience continues to define the Polish people. Today, Poland is a successful democracy and one of our strongest military allies. More to the point, Poland's leadership on issues related to democracy and human rights gives true meaning to the alliance concept of "shared values.'' Poland has tirelessly support democratic movements in Northern Africa and Eastern Europe, particularly in Tunisia, through democracy activists and transition experts, and Belarus. Poland has served as a regional force in the effort to encourage human rights and democracy in Belarus in the wake of the December 2010 post-election political crackdown, maintaining free media outlets that operate in Belarus and opening Polish universities to students expelled for pro-democracy activities. On July 1, Poland assumed the six-months rotating Presidency of the European Union. It can only strengthen our transatlantic alliance to have the EU led by a country that has accomplished so much over the past 20 years both political and economically. As it happens, Poland has one of the fastest growing economies in Europe and is the only EU country not faced with a recession amidst the global financial crisis. As chairman of the U.S. Helsinki Commission and co-chairman of the Congressional Poland Caucus, I commend Poland's leadership on democracy and human rights throughout the OSCE region and globally. Polish-American ties remain strong and steadfast because of such dedication to these common values. More than that, however, I have unwavering respect and admiration for the people of Poland, whose courage and determination in the face of so many historic tragedies--of which the Warsaw Massacre is only one example--is a source of continued inspiration.

  • U.S.-Russian Cooperation in the Fight Against Alcoholism: A Glass Half Full?

    Following a hearing on demographic trends in the OSCE region, which feature Russia as a case study, this briefing was held as a venue for discussing prospects for sharing experience, strength, and hope on treating the disease of alcoholism. Divergent approaches to treating a problem that vexes American and Russian society and is a significant factor in the alarmingly low life expectancy of Russian men were presented. Panelists speaking at this briefing discussed the institutions in place in Russia to treat alcoholism, including the Leningrad Oblast, and the need for more of these institutions to be implemented. Historical aspects of this issue were identified as a serious obstacle in presenting a solution to the problem of alcoholism in Russia.

  • THE PROMISES WE KEEP ONLINE: INTERNET FREEDOM IN THE OSCE REGION

    This hearing covered the online dimension of human rights- freedom of expression and of media. Intrusive infringement of online material, such as blogs and other social media, among OSCE members: Turkey, Belarus, Russia, and Kazakhstan have been the newest to use intimidation.  Witnesses who testified in front of the commission stressed the importance of the Helsinki process of safeguarding human dignity, civil society and democratic government in the digital age. The hearing focused on the efforts conducted by the U.S. government and what else may be needed to address repressive laws aimed against online communication.

  • Ukraine’s Democratic Reversals

    Mr. Speaker, I rise to express my deep concern about the deterioration of democracy in Ukraine over the past 16 months, and the current Ukrainian leadership's use of politically motivated selective prosecution to harass high-ranking officials from the previous government. The country's once-promising democratic future is in jeopardy. While we face many serious challenges in every region of the world today, nonetheless it is imperative that Washington focus attention on what is happening in Ukraine--especially given that country's vital role in the region. As a long-time member and current Chairman of the Helsinki Commission, I have followed and spoken out on developments in Ukraine since the early 1980's, when the rights of the Ukrainian people were completely denied and any brave soul who advocated for freedom was brutally persecuted. Mr. Speaker, for nearly two decades, independent Ukraine has been moving away from its communist past while establishing itself as an important partner to the United States. Both the executive branch and Congress, on a bipartisan basis, have provided strong political support and concrete assistance for Ukraine's independence and facilitated Ukraine's post-Communist transition. In the wake of the 2004 Orange Revolution, Ukraine even became a beacon of hope for other post-Soviet countries, earning the designation of "Free" from Freedom House--the only country among the 12 non-Baltic former Soviet republics to earn such a ranking. And while many of the promises of that revolution have sadly gone unfulfilled, one of its successes had been Ukraine's rise from "Partly Free" to "Free", reflecting genuine improvements in human rights and democratic practices. Under President Viktor Yanukovych, elected in February 2010, this promising legacy may vanish. Today we see backsliding on many fronts, which threatens to return Ukraine to authoritarianism and jeopardizes its independence from Russia. Among the most worrisome of these trends are: consolidation of power in the presidency which has weakened checks and balances; backpedaling with respect to freedom of expression and assembly; various forms of pressure on the media and civil society groups; attempts to curtail academic freedom and that of institutions and activists who peacefully promote the Ukrainian national identity; and seriously flawed local elections. Meanwhile, endemic corruption--arguably the greatest and most persistent threat to Ukrainian democracy and sovereignty--as well as the weak rule of law and the lack of an independent judiciary, which were not seriously addressed by the Orange governments, have only become more pronounced under the current regime. Moreover, in recent months, we have seen intensified pressure on opposition leaders, even selective prosecutions of high-ranking members of the previous government. The vast majority of observers both within and outside Ukraine see these cases, which have targeted former Prime Minister Yuliya Tymoshenko and former Interior Minister Yuriy Lutsenko among others, as politically motivated acts of revenge which aim to remove possible contenders from the political scene, especially in the run-up to next year's parliamentary elections. Mr. Speaker, the Helsinki Commission has closely monitored these troubling trends as have the U.S., other Western governments, and the European Parliament and Council of Europe. Unfortunately, the Ukrainian authorities have largely downplayed concerns voiced by the European Union, which they aspire to join someday, and by the United States, with which Kyiv professes to seek better relations. The U.S. also desires enhanced bilateral ties. Yet, moving in the wrong direction on human rights, democracy and the rule of law decidedly works against strengthening U.S.-Ukrainian relations. More importantly, the erosion of hard-won democratic freedoms weakens Ukraine's independence and harms the people of Ukraine, who have endured a painful history as a captive nation over the course of the last century. Indeed, as Ukraine this week marks the 70th anniversary of the brutal Nazi invasion, we mourn the loss of life and untold human suffering of that horrific war. Against this backdrop of devastation wreaked by totalitarian regimes in the 20th century, Ukrainians deserve to have the promise of democracy made possible by their independence fully realized. A few days ago, President Yanukovych said that he would take into account the criticisms in Freedom House's recent "Sounding the Alarm: Protecting Democracy in Ukraine" report. His promise is encouraging, but words alone are not enough. All friends of Ukraine should measure his words by actual and meaningful changes that improve the state of democracy and human rights for the Ukrainian people.

  • 2050: Implications of Demographic Trends in the OSCE Region

    The hearing focused on the implications of current demographic trends in the expansive OSCE region through the prism of the security, economic and human dimensions.  Most of the OSCE’s 56 participating states are experiencing varying stages of demographic decline, marked by diminishing and rapidly aging populations. Such patterns were identifying as likely to have significant social, economic and security consequences for countries throughout the region, including the United States. Witnesses testifying at this hearing – including Jack A. Goldstone, Director of the Center for Global Policy at George Mason University; Nicholas Eberstadt, Henry Wendt Scholar in Political Economy of the American Enterprise Institute; Richard Jackson, Director and Senior Fellow of the Global Aging Initiative at the Center for Strategic and International Studies; and Steven W. Mosher, President of the Population Research Institute – addressed issues related to the demographic trends in the OSCE region, such as shrinking workforces in a growing number of participating States that are expected to become increasingly dependent upon foreign workers in the coming decades. A concern that these factors could contribute to mounting social tensions as demonstrated by clashes in some participating States in recent years was evident.

  • Prospects for Unfreezing Moldova’s Frozen Conflict in Transnistria

    This briefing, which Commissioner Phil Gingrey moderated, focused on the human cost of Moldova’s frozen conflict with Transnistria, its breakaway region, and the prospects for resolving this conflict that, at the time of the briefing, was two decades old. The term “frozen” entails settlement not by a peace agreement, but, rather, by an agreement to freeze each side’s positions. The conflict began immediately following the dissolution of the former U.S.S.R. in 1992, when armed conflict between Moldova and Russian-backed separatist forces was frozen by mutual consent. The Moldovan government had no reasonable alternative. The frozen conflict in Transnistria also has had grave human rights and humanitarian concerns. So, the questions the briefing examined were how to resolve these concerns whether or not the conflict can be unfrozen.

  • Senators Cardin and McCain Engage in a Colloquy on the Magnitsky Act

    Mr. McCAIN. Madam President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. The Senator from Arizona is recognized. Mr. McCAIN. I thank the Chair. Mr. President, in a few minutes my colleague from Maryland, Senator Cardin, will be introducing a bill which I am a cosponsor of, along with a large bipartisan group of our colleagues. I wish to emphasize at the outset that some may characterize this legislation as anti-Russian. In fact, I believe it is pro-Russian. It is pro the people of Russia. It is pro the people who stand up for human rights and democracy in that country which, unfortunately, seems to be sadly deprived of. This legislation, as my colleague and friend Senator Cardin will describe, requires the Secretary of State, in consultation with the Secretary of the Treasury, to publish a list of each person whom our government has reason to believe was responsible for the detention, abuse, or death of Sergei Magnitsky ; participated in efforts to conceal the legal liability for these crimes; committed those acts of fraud that Magnitsky uncovered; is responsible for extrajudicial killings, torture, or other gross violations of human rights committed against individuals seeking to expose illegal activities in Russia or exercise other universally recognized human rights. Second, the individuals on that list would become the target of an array of penalties, among them, ineligibility to receive a visa to travel. They would have their current visas revoked, their assets would be frozen that are under U.S. jurisdiction, and U.S. financial institutions would be required to audit themselves to ensure that none of these individuals are able to bank excess funds and move money in the U.S. financial system. I guess the first question many people will be asking is who was Sergei Magnitsky ? Who was this individual who has aroused such outrage and anger throughout the world? He was a tax attorney. He was a tax attorney working for an international company called Hermitage Capital that had invested in Russia. He didn't spend his life as a human rights activist or an outspoken critic of the Russian Government. He was an ordinary man. But he became an extraordinary champion of justice, fairness, and the rule of law in Russia where those principles, frankly, have lost meaning. What Sergei Magnitsky did was he uncovered a collection of Russian Government officials and criminals who were associated with the Russian Government officials who colluded to defraud the Russian state of $230 million. The Russian Government in turn blamed the crime on Heritage Capital and threw Magnitsky in prison in 2008. Magnitsky was detained for 11 months without trial. Russian officials, especially from the Interior Ministry, pressured Magnitsky to deny what he had uncovered--to lie and to recant. He refused. He was sickened by what his government had done and he refused to surrender principle to brute power. As a result, he was transferred to increasingly more severe and more horrific prison conditions. He was forced to eat unclean food and water. He was denied basic medical care as his health worsened. In fact, he was placed in even worse conditions until, on November 16, 2009, having served 358 days in prison, Sergei Magnitsky died. He was 37 years old. Sergei Magnitsky's torture and murder--let's call it what it really was--is an extreme example of a problem that is unfortunately all too common and widespread in Russia today: the flagrant violations of the rule of law and basic human rights committed by the Russian Government itself, along with its allies. I note the presence of my colleague and lead sponsor of this important legislation. I hope in his remarks perhaps my friend from Maryland would mention the latest in the last few days which was the affirmation of the incredible sentence on Mr. Mikhail Khodorkovsky and his associate which is, in many ways, tantamount to a death sentence; again, one of these blatant abuses of justice and an example of the corruption that exists at the highest level of government. I wish to say again I appreciate the advocacy of my colleague from Maryland and his steadfast efforts on behalf of human rights in Russia, Belarus, and other countries. It has been a great honor to work with him and for him in bringing this important resolution to the floor of the Senate. I ask unanimous consent that at the appropriate time, the Senator from Maryland and I be allowed to engage in a colloquy. The PRESIDING OFFICER. Without objection, it is so ordered. The Senator from Maryland. Mr. CARDIN. Mr. President, let me thank Senator McCain, not just for taking time for this colloquy concerning Mr. Magnitsky but for his longstanding commitment to justice issues, human rights issues, and the values the United States represents internationally. We have had a long, proud, bipartisan, and, most importantly, successful record of promoting basic American values such as democratic governance and the rule of law around the world. Engaging the countries of the Eastern Bloc in matters such as respect for human rights was critical to winning the cold war. We will never know how many lives were improved and even saved due to instruments such as the Helsinki Final Act and the Jackson-Vanik amendment. These measures defined an era of human rights activism that ultimately pried open the Iron Curtain and brought down the Wall. Thankfully, the cold war is over and we have a stronger relationship, both at the governmental and societal levels, with countries in Eastern Europe. But, sadly, internationally recognized rights and freedoms continue to be trampled and, in many cases, with absolute impunity. With the possibility of Russia's accession to the World Trade Organization, and the Presidents of the United States and Russia meeting in France, ours is a timely discussion. Last week, I joined my distinguished colleague, the Senator from Arizona, and 14 other Senators from both parties to introduce the Sergei Magnitsky Rule of Law Accountability Act--a broad bill to address what the respected watchdog Transparency International dubbed a ``systematically corrupted country'' and to create consequences for those who are currently getting away with murder. Actions always speak louder than words. The diplomatic manner of dealing with human rights abuses has frequently been to condemn the abusers, often publicly, with the hope that these statements will be all they need to do. They say oh, yes, we are against these human rights violations. We are for the rule of law. We are for people being able to come forward and tell us about problems and be able to correct things. They condemn the abusers, but they take no action. They think their words will be enough. Well, we know differently. We know what is happening today in Russia. We know the tragedy of Sergei Magnitsky was not an isolated episode. This is not the only time this has happened. My colleague from Arizona mentioned the Mikhail Khodorkovsky case. Mr. Khodorkovsky is today in prison with even a longer sentence. Why? Because he had the courage to stand up and oppose the corrupt system in Russia and something should be done about it. That is why he is in prison, and that is wrong. So it is time we do something about this and that we make it clear that action is needed. For too long, the leaders in Russia have said we are going to investigate what happened to Sergei Magnitsky . We think it is terrible he died in prison without getting adequate medical care. As Senator McCain pointed out, here is a person whose only crime was to bring to the proper attention of officials public corruption within Russia. As a result of his whistleblowing, he was arrested and thrown in jail and died in jail. He was tortured. That cannot be allowed, to just say, Oh, that is terrible. We know the people who were responsible. In some cases they have been promoted in their public positions. Well, it is time for us to take action. That is why we have introduced this legislation. While this bill goes far beyond the tragic experiences of Sergei Magnitsky , it does bear his name, so let me refresh everyone's recollection with some of the circumstances concerning his death. I mention this because some might say, why are we talking about one person? But as the Soviet dictator Joseph Stalin said, ``One death is a tragedy; one million is a statistic.'' I rarely agree with Dictator Stalin, but we have to put a human face on the issue. People have to understand that these are real people and real lives that have been ruined forever as a result of the abuses within Russia. Sergei was a skilled tax lawyer who was well known in Moscow among many Western companies, large and small. In fact, he even did some accounting for the National Conference on Soviet Jewry. Working at the American law firm of Firestone Duncan, Sergei uncovered the largest known tax fraud in modern Russian history and blew the whistle on the swindling of his fellow citizens by corrupt officials. For that he was promptly arrested by the subordinates of those he implicated in the crime. He was held under torturous conditions in detention for nearly a year without trial or visits from family. He developed severe medical complications which went deliberately untreated, and he died on November 16, 2009, alone in an isolation cell while prison doctors waited outside his door. Sergei was 37 years old. He left behind a wife, two sons, a dependent mother, and so many friends. Shortly after his death, Philip Pan of the Washington Post wrote: Magnitsky's complaints, made public by his attorneys as he composed them, went unanswered while he lived. But in a nation where millions perished in the Soviet gulag, the words of the 37-year-old tax lawyer struck a nerve after he died ..... his descriptions of the squalid conditions he endured have been splashed on the front pages of newspapers and discussed on radio and television across the country, part of an outcry even his supporters never expected. I think Senator McCain and I would agree, there is a thirst for democracy around the world. People in Russia want more. They want freedom. They want accountability. They want honest government officials. They are outraged by what happened to Sergei Magnitsky . I would point out just last week I met with a leader of the Russian business community who came here and traveled at some risk, I might say. Just visiting me was a risk. We have people from Russia who are being questioned because they come and talk to us. But he said to me that what happened here needs to be answered by the Russian authorities. He understands why we are introducing this legislation. A year after his death, and with no one held accountable, and some of those implicated even promoted and decorated, The Economist noted: At the time, few people outside the small world of Russian investors and a few human-rights activists had heard of Mr. Magnitsky . A year later, his death has become a symbol of the mind-boggling corruption and injustice perpetrated by the Russian system, and the inability of the Kremlin to change it. Regrettably, we know Sergei's case, egregious as it is, is not isolated. Human rights abuses continue unpunished and often unknown across Russia today. To make this point more clear, let's look at another example far outside the financial districts of Moscow and St. Petersburg in the North Caucasus in southern Russia where Chechen leader, Ramzan Kadyrov, condones and oversees massive violations of human rights, including violations of religious freedom and the rights of women. His militia also violates international humanitarian laws. As of this April, the European Court of Human Rights has ruled against Russia in 186 cases concerning Chechnya, most involving civilians. So Sergei Magnitsky's case is not an isolated case of abuse by the Russian authorities. There has been a systematic effort made to deny people their basic human rights, including one individual, Natalia Estemirova, who personally visited my office at the Helsinki Commission. She was a courageous human rights defender who was brutally assassinated. So it is time for Russia to take action. But we cannot wait; we need to take action. Mr. McCAIN. Will the Senator yield for a question? Mr. CARDIN. I yield back to my colleague. Mr. McCAIN. First, I thank my colleague from Maryland for a very eloquent and, I think, very strong statement, to which I can add very little. But isn't it true, I ask my friend, that this Magnitsky case and the Khodorkovsky case, which I would like for us to talk a little bit more about, are not isolated incidents? In other words, this is the face of the problem in Russia today. As the Senator mentioned, in its annual index of perceptions of corruption, Transparency International ranked Russia 154th out of 178 countries--perceived as more corrupt than Pakistan, Yemen, and Zimbabwe. The World Bank considers 122 countries to be better places to do business than Russia. One of those countries is Georgia, which the World Bank ranks as the 12th best country to do business. In other words, isn't it true in the Magnitsky case, it is what has been taking place all across Russia, including this incredible story of Khodorkovsky, who was one of the wealthiest men in Russia, one of the wealthiest oligarchs who rebelled against this corruption because he saw the long-term consequences of this kind of corruption and was brought to trial, convicted, and then, when his sentence was completed, they charged him again? Talk about a corrupt system, isn't it true that Vladimir Putin said he should ``sit in jail,'' and we now know that the whole trial was rigged, as revealed by people who were part of the whole trial? In other words, isn't it true, I would ask my friend from Maryland, that what we are talking about is one human tragedy, but it is a tragedy that is unfolding throughout Russia that we do not really have any knowledge of? And if we allow this kind of abuse to go on unresponded to, then, obviously, we are abrogating our responsibilities to the world; isn't that true? Mr. CARDIN. I say to Senator McCain, you are absolutely right. This is not isolated. Magnitsky is not an isolated case of a lawyer doing his job on behalf of a client and being abused by the authorities. We have a lot of examples of lawyers trying to do their jobs and being intimidated and their rights violated. But in Mr. Khodorkovsy's case, we have a business leader who was treated the same way just because he was a successful business leader. Even worse, he happened to be an opponent of the powers in the Kremlin. So we are now seeing, in Russia, where they want to quell opposition by arresting people who are just speaking their minds, doing their business legally, putting them in prison, trying them, and in the Khodorkovsky case actually increasing their sentences the more they speak out against the regime. That is how authoritarian they want to be and how oppressive they are to human rights. But I could go further. If one is a journalist in Russia, and they try to do any form of independent journalism, they are in danger of being beaten, being imprisoned, being murdered. It is very intimidating. The list goes on and on. Mr. McCAIN. Could I ask my colleague, what implications, if any, does the Senator from Maryland believe this should have on the Russian entry into the World Trade Organization? Mr. CARDIN. Well, it is very interesting, I say to Senator McCain. I just came from a Senate Finance Committee hearing, and we were talking about a free-trade agreement. I am for free-trade agreements. I think it makes sense. It is funny, when a country wants to do trade with the United States, they all of a sudden understand they have to look at their human rights issues. I think all of us would like to see Russia part of the international trade community. I would like to see Russia, which is already a member of a lot of international organizations, live up to the commitments they have made in joining these international organizations. But it is clear to me that Russia needs to reform. If we are going to have business leaders traveling to Russia in order to do business, I want to make sure they are safe in Russia. I want to make sure they are going to get the protection of the rule of law in Russia. I want to make sure there are basic rights that the businesspeople in Russia and the United States can depend upon. So, yes, I understand that Russia would like to get into the WTO. We have, of course, the Jackson-Vanik amendment that still applies. I understand the origin of that law, and I understand what needs to change in order for Russia to be able to join the World Trade Organization. But I will tell you this: The best thing that Russia can do in order to be able to enter the international trade regime is to clean up its abuses in its own country, to make clear it respects the rule of law; that businesspeople will be protected under the rule of law and certainly not imprisoned and tortured, as in the cases of Mr. Khodorkovsky and Mr. Magnitsky . We do not want to see that type of conduct. If Russia would do that, if they would reform their systems, then I think we would be a long way toward that type of integration and trade. Mr. McCAIN. I thank my colleague from Maryland for an eloquent statement about the situation as regards Russia. I thank him, and I can assure my colleague from Maryland that, as we speak, this will provide--and this legislation which he has introduced, will provide--some encouragement to people who in Russia now, in some cases, have lost almost all hope because of the corruption of the judicial system, as well as other aspects of the Russian nation. We all know that no democracy can function without the rule of law; and if there are ever two examples of the corruption of the rule of law, it is the tragedy of Sergei Magnitsky and, of course, Mr. Khodorkovsky, who still languishes in prison; who, in his words, believes he--by the extension of his prison sentence--may have been given a death sentence. So I thank my colleague from Maryland. Mr. CARDIN. Will my colleague yield for just one final comment? I think the Senator is right on target as to what he has said. I appreciate the Senator bringing this to the attention of our colleagues in the Senate. I will respond to one other point because I am sure my colleague heard this. Some Russian officials say: Why are we concerned with the internal affairs of another country? I just want to remind these Russian officials, I want to remind my colleagues here, that Russia has signed on to the Helsinki Final Act. They did that in 1975, and they have agreed to the consensus document that was issued in Moscow in 1991 and reaffirmed just last year with the heads of state meeting in Astana, Kazakhstan, just this past December. I am going to quote from that document: The participating States-- Which Russia is a participating state-- emphasize that issues relating to human rights, fundamental freedoms, democracy and the rule of law are of international concern, as respect for these rights and freedoms constitutes one of the foundations of international order. They categorically and irrevocably declared that the commitments undertaken in the field of the human dimension are matters of direct and legitimate concern to all participating States-- The United States is a participating state-- and do not belong exclusively to the internal affairs of the State concerned. Mr. McCAIN. That was a statement by the Government of Russia? Mr. CARDIN. That was a statement made by the 56 states of the OSCE at a meeting of the Heads of State, which happens about every 10 years. It just happened to have happened last year. Russia participated in drafting this statement. Russia was there, signed on to it, and said: We agree on this. It is a reaffirmation as to what they agreed to in 1991 in Moscow where we acknowledged that it is of international interest, and we have an obligation and right to question when a member state violates those basic human dimension commitments. Russia clearly has done that. We have not only the right but the obligation to raise that, and I just wanted to underscore that to my colleagues. I say to Senator McCain, your comments on the Senate floor are so much on point. I think people understand it. They understand the basic human aspect to this. But sometimes they ask: Well, why should America be concerned? Do we have a legitimate right to question this? Russia signed the document that acknowledges our right to challenge this and raise these issues. I thank my colleague for yielding. Mr. McCAIN. I thank my colleague from Maryland, and I hope we would get, very rapidly, another 98 cosponsors. I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The legislative clerk proceeded to call the roll.  

  • Sergei Magnitsky Rule of Law Accountability Act of 2011

    Mr. President, I rise today to introduce the Sergei Magnitsky Rule of Law Accountability Act of 2011.  While this bill bears Sergei Magnitsky’s name in honor of his sacrifice, the language addresses the overall issue of the erosion of the rule of law and human rights in Russia. It offers hope to those who suffer in silence, whose cases may be less known or not known at all.  While there are many aspects of Sergei’s and other tragic cases which are difficult to pursue here in the United States, there are steps we can take and an obvious and easy one is to deny the privilege of visiting our country to individuals involved in gross violations of human rights. Visas are privileges not rights and we must be willing to see beyond the veil of sovereignty that kleptocrats often hide behind. They do this by using courts, prosecutors, and police as instruments of advanced corporate raiding and hope outsiders are given pause by their official trappings of office and lack of criminal records. Further, we must protect our strategic financial infrastructure from those who would use it to launder or shelter ill-gotten gains.  Despite occasional rhetoric from the Kremlin, the Russian leadership has failed to follow through with any meaningful action to stem rampant corruption or bring the perpetrators of numerous and high-profile human rights abuses to justice.  My legislation simply says if you commit gross violations of human rights don’t expect to visit Disneyland, Aspen, or South Beach and expect your accounts to be frozen if you bank with us. This may not seem like much, but in Russia the richer and more powerful you get the more danger you are exposed to from others harboring designs on your fortune and future.  Thus many are standing near the doors and we can certainly close at least one of those doors. And I know that others, especially in Europe and Canada are working on similar sanctions.  I first learned about Sergei Magnitsky while he was still alive when his client William Browder, CEO of Hermitage Capital, testified at a hearing on Russia that I held as Chairman of the Commission on Security and Cooperation in Europe in June 2009.  At the Helsinki Commission we hear so many heartbreaking stories of the human cost of trampling fundamental freedoms and it’s a challenge not to give up hope and yield to the temptation of cynicism and become hardened to the suffering around us or to reduce a personal tragedy to yet another issue. While we use trends, numbers, and statistics to help us understand and deal with human rights issues, we must never forget the face of the individual person whose reality is the issue and the story of Sergei Magnitsky is as unforgettable as it is heartbreaking. Sergei Magnitsky was a young Russian tax lawyer employed by an American law firm in Moscow who blew the whistle on the largest known tax fraud in Russian history. After discovering this elaborate scheme, Sergei Magnitsky testified to the authorities detailing the conspiracy to defraud the Russian people of approximately $230 million dollars and naming the names of those officials involved. Shortly after his testimony, Sergei was arrested by subordinates of the very law enforcement officers he had implicated in this crime. He was held in detention for nearly a year without trial under torturous conditions. He developed severe medical complications, which went deliberately untreated and he died in an isolation cell while prison doctors waited outside his door on November 16, 2009.  Sadly, Sergei Magnitsky joins the ranks of a long list of Russian heroes who lost their lives because they stood up for principle and for truth. These ranks include Natalia Estemirova a brave human rights activist shot in the head and chest and stuffed into the trunk of a car, Anna Politkovskaya an intrepid reporter shot while coming home with an arm full of groceries, and too many others.  Often in these killings there is a veil of plausible deniability, gunmen show up in the dark and slip away into the shadows, but Sergei – in inhuman conditions – managed to document in 450 complaints exactly who bears responsibility for his false arrest and death. We must honor his sacrifice and do all we can to learn from this tragedy that others may not share his fate.  Few are made in the mold of Sergei Magnitsky – able to withstand barbaric deprivations and cruelty without breaking and certainly none of us would want to be put to the test. A man of such character is fascinating and in some ways disquieting because we suspect deep down that we might not have what it takes to stay loyal to the truth under such pressure. Magnitsky’s life and tragic death remind us all that some things are more valuable than success, comfort, or even life itself –truth is one of those things. May his example be a rebuke to those whose greed or cowardice has blinded them to their duties, an inspiration to still greater integrity for those laboring quietly in the mundane yet necessary tasks of life, and a comfort to those wrongly accused.  The Wall Street Journal described Sergei Magnitsky’s death as a “slow-motion assassination,” while the Moscow Prison Oversight Committee called it a “murder to conceal a fraud.” Pulitzer Prize-winning reporter Ellen Barry writing in the New York Times stated that, “Magnitsky’s death in pretrial detention at the age of 37... sent shudders through Moscow’s elite. They saw him – a post-Soviet young urban professional – as someone uncomfortably like themselves.”  Outside the media, President of the European Parliament Jerzy Buzek noted that “Sergei Magnitsky was a brave man, who in his fight against corruption was unjustifiably imprisoned under ruthless conditions and then died in jail without receiving appropriate medical care.” While Transparency International observed that, “Sergei did what to most people seems impossible: he battled as a lone individual against the power of an entire state. He believed in the rule of law and integrity, and died for his belief.”  One might have thought that after the worldwide condemnation of Sergei Magnitsky’s arrest, torture, and death in the custody, the Russian government would have identified and prosecuted those responsible for this heinous crime. Instead, the government has not prosecuted a single person and many of the key perpetrators went on to receive promotions and the highest state honors from the Russian Interior Ministry. Moreover, the officers involved feel such a sense of impunity that they are now using all instruments of the Russian state to pursue and punish Magnitsky’s friends and colleagues who have been publicly fighting for justice in his case.  They have forced the American founding partner of Magnitsky’s firm, Jamison Firestone, to flee Russia in fear for his safety in the months following his colleague’s death after learning that the same people were attempting to take control of an American client’s Russian companies and commit a similar fraud. And they have used the same criminal case that was used to falsely arrest Magnitsky to indict Sergei's client Bill Browder. They have opened up retaliatory criminal cases against many of Hermitage’s employees and all of its lawyers, who were forced to leave Russia to save their own lives. These attacks have only intensified since my colleague and friend Congressman Jim McGovern introduced the Justice for Sergei Magnitsky Act of 2011, a similar measure in the House of Representatives, last month.  In the struggle for human rights we must never be indifferent. On this point, I am reminded of Eli Wiesel’s hauntingly eloquent speech, The Perils of Indifference which he delivered at the White House in 1999. On this ever-present danger and demoralizer he cautions us, “Indifference elicits no response. Indifference is not a response. Indifference is not a beginning, it is an end. And, therefore, indifference is always the friend of the enemy, for it benefits the aggressor – never his victim, whose pain is magnified when he or she feels forgotten. The political prisoner in his cell, the hungry children, the homeless refugees – not to respond to their plight, not to relive their solitude by offering them a spark of hope is to exile them from human memory. And in denying their humanity we betray our own.”  Speaking of our humanity, I offer the following words as a contrast. They are from Russian playwright Mikhail Ugarov who created One Hour Eighteen, which is the exact amount of time it took for Sergei Magnitsky to die in his isolation cell at Moscow’s Matrosskaya Tishina prison. Ugarov asks, “When a person puts on the uniform of a public prosecutor, the white lab coat of a doctor, or the black robe of a judge, does he or she inevitably lose their humanity? Do they lose their ability to – even in a small way – empathize with a fellow human being? In the case of Sergei Magnitsky, each of the people who assumed these professional duties in the case left their humanity behind.”  The coming year will be a significant moment in the evolution of Russian politics. With Duma elections scheduled for the end of 2011 and presidential elections for early 2012, there is an opportunity for the Russian government to reverse what has been a steady trajectory away from the rule of law and respect for human rights and toward authoritarianism.  Mr. President, private and even public expressions of concern are not a substitute for a real policy nor are they enough, it’s time for consequences. The bill I introduce today sends a strong message to those who are currently acting with impunity in Russia that there will be consequences for corruption should you wish to travel to and invest in the United States. Such actions will provide needed moral support for those in Russia doing the really heavy-lifting in fighting corruption and promoting the rule of law, but they will also protect our own interests – values or business related.  We see before us a tale of two Russias, the double headed eagle if you will. To whom does the future of Russia belong? Does it belong to the Yevgenia Chirikovas, Alexey Navalnys, Oleg Orlovs and countless other courageous, hardworking, and patriotic Russians who expose corruption and fight for human rights or those who inhabit the shadows abusing and stealing from their fellow citizens?  Let’s not put aside our humanity out of exaggerated and excessively cautious diplomatic concerns for the broader relationship. Let’s take the long view and stand on the right side – and I believe the wise side – with the Russian people who’ve suffered so much for the cause of liberty and human dignity. They are the ones who daily risk their safety and freedom to promote those basic principles enshrined in Russian law and many international commitments including the Helsinki Final Act. They are the conscience of Russia. And let us tell them with one voice that they are not alone and that concepts like the rule of law and human rights are not empty words for this body and for our government. I urge my colleagues to support this bill.  I ask unanimous consent that the text of the bill be printed in the Record.  Thank you, Mr. President.

  • Remembering Katyn

    Mr. President, I rise today to commemorate the lives lost in last year's plane crash near Smolensk that killed Polish President Lech Kaczynski, his wife Maria, and 94 others who represented the political, cultural, and religious leadership of Poland. Words alone offer little solace before such awesome tragedy, which is one of the reasons people must gather together before monuments and flowers to add a tangible dimension to our shapeless grief. While eloquent remarks can move the heart, we all know a smile, a gaze, or an embrace can often do more to bring comfort to the sorrowful.  Katyn has become a tragedy in three acts--the crime, the cover-up, and now the crash. Surely it is fitting for us to meet, comfort each other, and remember those who died. But what lies beyond our tears? Can good come from this evil?  For the loved ones of those 96 souls who perished nearly a year ago, they must take comfort in knowing that the final act of their beloved was a noble one--that of remembering those martyrs whom Stalin and his henchmen sought to erase from Poland and, indeed, from history.  As Stanislaw Kot, Poland's wartime Ambassador to Moscow, said, "People are not like steam; they cannot evaporate.'' He was right and it is written, ``Your brother's blood cries out to me from the ground!'' In a haunting twist of fate, a hungry wolf in the Russian winter would scratch at the snow and uncover the hastily buried bones of Poland's best and brightest. And the truth about this unspeakable crime would one day be known.  We have come a long way--a very long way--from the time when this atrocity was falsely presented as a Nazi crime and from the time when the names of the dead could only be circulated in communist Poland in the form of samizdat publications and whispered around kitchen tables.  Nevertheless, there is still more that must be done to set the record straight. This involves insuring that all the evidence relating to the execution sites, the executioners' identities, the motives for the crime, and the fate of so many Polish families who vanished on the Siberian steppe are publicly available. We must ensure that the fullness of the truth is uncovered and shared for its own sake and for closure. To that end, I welcome recent news of the Kremlin's release of still more documents relating to the massacre.  Further, I believe that finally coming to terms with Katyn is a necessary precondition for a durable Polish-Russian rapprochement, which is itself good insurance for maintaining a Europe, whole, free, and at peace.  Next week Presidents Komorowski and Medvedev will meet before the mass graves at Katyn and, I trust, will continue a dialogue of healing between two great nations that have suffered so much from the elevation of an ideology over a people. I wish them well in their talks and ongoing mission of reconciliation and believe that the only lasting balm for this wound lies in the heart and not in a courtroom or even a legislature.  This is not to say that charges or claims should not be pursued, but to recognize that, in many cases, such actions will fall short and offer little by way of consolation.  It would be most unfortunate for the memory of Katyn to be debased by ideologues of any ilk who would usurp this sacred memory for partisan projects. For too long the truth about Katyn was denied by those on the left who turned a blind eye to the reality of communism and many on the right seemed to view Katyn as just another issue to be exploited in the struggle of ideologies. People and their memory are an end, in and of themselves, and must never be used as a means to advance even a just cause. The only decent relationship to them is that of love and remembrance--our dignity and theirs demands nothing less.  My sincere hope is that Poland and Russia can do better than some countries that have fought bitter diplomatic battles and enacted laws to force or deny recognition of historic crimes. By honestly evaluating a shared past of suffering, Poles and Russians have a real opportunity to build a shared future of friendship and prosperity.  Poland is now free and her traditions support the forgiveness that offers a path out of the valley of this shadow of death. In so many ways, Poland is, and must remain, a light to those nearby who still live in the darkness of oppression and lies.  As we continue to ponder the devastation of last year's catastrophe, I would like to close by putting a couple faces on our sadness; those of Mariusz Handzlik and Andrzej Przewoznik, who both died in last year's crash.  Mariusz was a diplomat and father of three. He was well known and well liked in Washington from the years he spent assigned to the Embassy of Poland. In 2000, he played a fateful game of chess with Polish war hero and Righteous Gentile Jan Karski who narrowly escaped "liquidation'' at Katyn. Karski would die in a Washington hospital and Handzlik in a gloomy Russian forest.  Andrzej was a historian, a husband, and father of two. He was the principal organizer behind the conference I cohosted as Chairman of the U.S. Helsinki Commission last year at the Library of Congress to mark the 70th anniversary of the Katyn Forest Massacre. Andrzej hoped to spend time at our National Archives sifting through the papers of the Madden Committee and other relevant U.S. Government documents on Katyn.  The memories of Mariusz, Andrzej, and so many other truly exceptional people on that doomed flight offer much by way of virtue and accomplishment that will inspire Poles for generations to come. Let us take comfort in the truth that is, at last, known and bask in the warmth of heroic memories and do this together with our Polish friends who are second to no one in their love of freedom.

  • Lithuania’s Leadership of the OSCE

    Rep. Chris Smith (NJ-04) and other legislators welcomed Lithuania’s as a member of NATO, the EU, and OSCE Chair-in-Office. The commissioners commended Lithuania on its remarkable work in democratically reforms in its own country. However, the attendees of the hearing expressed their concerns over Lithuania’s neighbor, Belarus, Europe’s “last dictatorship.” Legislators also reflected on the trajectories of other Newly Independent States.

  • World Premiere of Justice for Sergei

    This film screening presented by the U.S. Helsinki Commission commemorated the one-year anniversary of the death of Russian anti-corruption lawyer Sergei Magnitsky. “Justice for Sergei” is a film about the anti-corruption lawyer who blew the whistle on a $230 million tax fraud involving senior Russian officials. This film marks the first time since Sergei’s death that his family and friends have spoken publicly about the false arrest and torture of the man who died trying to expose the corruption gripping his country.    Panelists – including Boris Nemtsov, Former Deputy Prime Minister of the Russian Federation; Dr. Michael McFaul, Senior Director of Russia and Eurasian Affairs for the National Security Council; and David Kramer, Executive Director of Freedom House – presented statements related to corruption in Russia and spoke to the lack of rule of law in the country.

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