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press release
Chairman Smith Champions Improved Security for European Jewish Communities at Annual Meeting of OSCE Parliamentarians
Sunday, July 03, 2016WASHINGTON—At the 2016 OSCE Parliamentary Assembly (OSCE PA) Annual Session, meeting in Tbilisi, Georgia this week, Helsinki Commission Chair Rep. Chris Smith (NJ-04) today called on participating States to more effectively prevent and combat violence against European Jewish communities in the face of increasing anti-Semitic violence in the region. “Violent anti-Semitic attacks are on the rise in several European countries – and there is a lot more we can do to stop it,” said Chairman Smith, who led the U.S. delegation to the event. “European police and security forces should be partnering with Jewish community security groups, and the United States government should be working with the European governments to encourage this. The terrorist threat to European Jewish communities is more deadly than ever. We must act to prevent a repeat of the horrific massacres of Paris and Copenhagen.” Chairman Smith offered two amendments to the draft resolution of the OSCE PA General Committee on Democracy, Human Rights and Humanitarian Questions (also known as the Third Committee). His first amendment called for the explicit recognition of the increase in frequency, scope, and severity of anti-Semitic attacks in the OSCE region, while the second called on participating States to formally recognize and partner with Jewish community groups to strengthen crisis prevention, preparedness, mitigation, and responses related to anti-Semitic attacks. Both amendments reflect consultations with and requests from European Jewish communities. Chairman Smith has a long record as a leader in the fight against anti-Semitism. He co-chairs the Bipartisan Task Force for Combating Anti-Semitism in the U.S. House of Representatives and authored the provisions of the U.S. Global Anti-Semitism Review Act of 2004 that created the Office to Monitor and Combat Anti-Semitism within the U.S. State Department. In 2015, he authored House Resolution 354, a blueprint for strengthening the safety and security of European Jewish communities. Following his landmark 2002 hearing on combating the escalation of anti-Semitic violence in Europe, “Escalating Anti-Semitic Violence in Europe,” he led a congressional drive to place the issue of combating anti-Semitism at the top of the OSCE agenda. As part of this effort he authored supplemental resolutions on combating anti-Semitism, which were adopted at the 2002, 2003, and 2004 Annual Sessions of the OSCE PA. In 2004 the OSCE adopted new norms for its participating States on fighting anti-Semitism. Chairman Smith is a founding member of the the Inter-Parliamentary Coalition for Combating Anti-Semitism (ICCA), where he also serves on the steering committee. In the 1990s, he chaired Congress’s first hearings on anti-Semitism and in the early 1980s, his first trips abroad as a member of Congress were to the former Soviet Union, where he fought for the release of Jewish “refuseniks.”
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briefing
NATO’s Warsaw Summit and the Future of European Security
Thursday, June 23, 2016This briefing, conducted two weeks prior to the NATO summit in Warsaw, discussed the prospects and challenges expected to factor into the negotiations. Key among these were Russian aggression and NATO enlargement, cybersecurity, and instability along NATO's southern border. Mr. Pisarski's testimony focused mainly on the challenge posed by Russian aggression and the role played by NATO's partners in maintaining stability in Eastern Europe. Dr. Binnendijk commented on seven areas he argued the Alliance should make progress on at the Warsaw summit, centering mainly around unity, deterrent capability, and the Alliance's southern strategy. Rear Admiral Gumataotao provided a unique insight into NATO Allied Command Transformation's core tasks and their expectations for Warsaw. The question and answer period featured a comment from Georgian Ambassador Gegeshidze, who spoke about his country's stake in the Summit's conclusions in the context of the ongoing Russian occupation of Abkhazia and South Ossetia.
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press release
Helsinki Commission Leaders Welcome Savchenko Release; Urge Russia To Comply With Minsk Agreements
Wednesday, May 25, 2016WASHINGTON – Following today’s release of Ukrainian fighter pilot Nadiya Savchenko from prison in Russia, 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 Nadiya’s long-overdue release, but we must not forget about other Ukrainian citizens unjustly imprisoned in Russia. We must also remember that Russia still occupies Crimea and continues its aggression in eastern Ukraine, bringing misery and suffering to millions of Ukrainians.” “Russia should honor the Minsk agreements – which it violates with impunity – if there is to be peaceful resolution to the conflict. Above all, Russia needs to get out of Ukraine.” Last September, the House passed a resolution calling for Savchenko’s release, which was strengthened by Chairman Smith’s amendment calling for the imposition of personal sanctions against individuals responsible for the imprisonment of Savchenko and other Ukrainian citizens illegally incarcerated in Russia. A resolution sponsored by Co-Chairman Wicker and Helsinki Commission Ranking Senate Commissioner Ben Cardin (MD) calling for her release passed the Senate in February 2015.
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press release
Helsinki Commission Leaders Welcome Release of Khadija Ismayilova
Wednesday, May 25, 2016WASHINGTON – 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.
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press release
On World Press Freedom Day, Helsinki Commission Chair Urges Azerbaijan: Free Khadija!
Tuesday, May 03, 2016WASHINGTON—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.
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press release
'Don't let Azerbaijan use political prisoners as props'
Friday, April 01, 2016The Washington Post Don’t let Azerbaijan use political prisoners as props By Khadija Ismayilova Khadija Ismayilova is an investigative journalist and contributor to Radio Free Europe/Radio Liberty’s Azerbaijani service. She has been imprisoned in Azerbaijan since December 2014. I am writing this letter from jail in Baku, Azerbaijan, where I’m serving a 7½ -year sentence for a crime I never committed. I am a journalist and my only “crime” was to investigate high-level corruption within the government and family of Azeri President Ilham Aliyev . Aliyev inherited power from his father in 2003 and changed the constitution in 2009 so he could stay in power indefinitely. He has been called an enemy of the press by international watchdogs, while abusing other fundamental freedoms and violating people’s right to truth and decency. Aliyev is in Washington this week to attend the Nuclear Security Summit that began Thursday. To get an invitation to this event from President Obama, he had to pardon several political prisoners. A lthough they have been released from jail, they remain confined within the country, barred from leaving, and justice has not been restored. This is a very costly invitation for Aliyev, who for years refused to accept international pressure or criticism on this issue. His response was, always, that Azerbaijan doesn’t have political prisoners. In December, Rep. Christopher H. Smith (R-N.J.) introduced the Azerbaijan Democracy Act to recognize Azerbaijan’s violations of human rights and freedoms and to hold individual officials accountable. It must pass. But why were some of the political prisoners suddenly set free? What has changed? Aliyev needed these prisoners so that in exchange for their release, he could shake hands with Obama or get a loan from the World Bank to finance his failing currency and crippled economy after the sudden fall of oil prices. Aliyev is shamelessly trying to use political prisoners as bargaining chips to advance his foreign policy agenda. And they are supposed to be happy that they were freed. I am happy — very happy — that some political prisoners have been released. But their fights, and mine, are not over. I am not a toy to be exchanged for diplomatic gain by Baku or Washington so that officials can continue to pretend that it is business as usual. We are hostages of the regime, whether we are inside or outside of prison. Freedom is my universal and constitutional right, and Aliyev failed to protect it as the head of state. I am not going to ask to be pardoned for a crime I never committed. I am free even now, in jail, and my freedom is not for sale. So President Obama, please ask President Aliyev to stop muzzling the independent media and civil society. Ask him to explain the billions of petrodollars wasted on white-elephant projects for the benefit of a few. Ask him when he is going to hold free and fair elections. Ask him when he is going to let all the political prisoners go free. Ask him when fundamental freedoms can become a right, in practice — not a gift that he can give or take away. I asked these questions, and I ended up in jail. These are important questions. They must not go unanswered. And we will fight until justice is fully served.
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press release
Smith Responds to the Release of Political Prisoners by Azerbaijan
Thursday, March 17, 2016WASHINGTON—In response to the release of 14 political prisoners in Azerbaijan, Representative Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, made the following statement: “I am relieved to know that these wrongly-held prisoners will be home with their families soon, but I remain concerned about the plight of the many other prisoners in Azerbaijan who are being held on politically-motivated charges. Anar Mammadli, the founder of an independent election monitoring group, was released, but he should have never been in prison. There are many others who should be released as well, such as Khadija Ismayilova, Intigram Aliyev, Ilgar Mammadov. I respectfully request President Aliyev to not only release all political prisoners, but also repeal the many undemocratic laws and regulations that prohibit the exercise of universally-recognized human rights in Azerbaijan.” Human rights organizations estimate there are approximately 100 political prisoners in Azerbaijan. Despite the release of 14 prisoners today, there continue to be new arrests of journalists, bloggers and others who voice opinions the government deems critical. 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.
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briefing
Internet Freedom in the Age of Dictators and Terrorists
Thursday, March 03, 2016This 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.
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press release
German Foreign Minister to Testify at Helsinki Commission Hearing
Thursday, February 25, 2016WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Germany’s Chairmanship of the OSCE: Priorities and Challenges” March 1, 2016 2: 00 PM Cannon House Office Building Room 334 Live Webcast:www.youtube.com/HelsinkiCommission Germany’s 2016 Chairmanship-in-Office of the 57-nation Organization for Security and Cooperation in Europe (OSCE) – the world’s largest regional security body – comes at a turbulent time. Russia’s aggression against Ukraine continues to have serious ramifications on pan-European security; the refugee crisis has exposed cracks in the European approach to migration; and some question the OSCE’s relevance and role in twenty-first century Europe. Germany’s Minister of Foreign Affairs, H.E. Frank-Walter Steinmeier, will discuss Germany’s plans to “renew dialogue, rebuild trust, and restore security” as it assumes the OSCE Chairmanship-in-Office, including resolving the conflict in Ukraine; supporting negotiations in Nagorno-Karabakh, Transdniestra, and Georgia; renewing discussions on key European security agreements; counterterrorism and cybersecurity; and strengthening OSCE capacities.
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hearing
Religious Freedom, Anti-Semitism, and Rule of Law in Europe and Eurasia
Thursday, February 11, 2016In this hearing ODIHR Director Michael Link discussed the importance of the OSCE's work on human rights through ODIHR. He focused on the fight against anti-Semitism and the human rights situation in Ukraine. He spoke about ODIHR's newest project to combat anti-Semitism, called "Turning Words into Action," which will give leaders the knowledge and tools to address anti-Semitism in their communities. Director Link also noted that in Ukraine he was particularly concerned about the human rights violations in Crimea and expressed his support for a cease-fire as a pre-condition of the implementation of the Minsk package.
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article
OSCE Foreign Ministers Meet in Belgrade
Friday, January 15, 2016Serbia’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.
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article
OSCE Human Dimension Implementation Meeting 2015
Friday, 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.
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article
Serbia Concludes Year-Long OSCE Chairmanship
Friday, January 15, 2016Four 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.
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article
What is the OSCE Doing in Ukraine?
Friday, January 15, 2016In 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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in the news
I Was Locked Up and Tortured by Putin’s Spooks
Sunday, January 10, 2016Yuriy 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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in the news
It's Time to Hold the Azerbaijan Regime Accountable
Friday, January 08, 2016Azerbaijani 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.
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in the news
Activists Say Baku's Crackdown On Media, Rights Workers Continues
Thursday, December 17, 2015Human rights and media activists say Azerbaijan’s crackdown on civil society has continued unabated, as they cited the imprisonment of investigative journalist Khadija Ismayilova. Ismayilova, who is also a RFE/RL contributor based in Baku, was sentenced in September to seven 1/2 years in prison on charges widely seen as trumped up. Speaking at a December 16 hearing of the U.S. Helsinki Commission, Amnesty International advocate T. Kumar said authorities have used “any tactic under the sun” to target journalists like Ismayilova.
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press release
Helsinki Commission Chair Acts to End Human Rights Violations in Azerbaijan
Wednesday, December 16, 2015WASHINGTON—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.
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press release
Attacks on Press Freedom in Azerbaijan Investigated at Congressional Hearing
Wednesday, December 16, 2015WASHINGTON—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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in the news
U.S. Bill Seeks Sanctions On Azerbaijani Officials For 'Appalling' Rights Record
Wednesday, December 16, 2015A 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.
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This Helsinki Commission delegation was the first to visit the "former Soviet Union" since its breakup in December 1991. It was also the first Commission delegation visit to any of the former republics in their new status as independent countries, and the first ever to Ukraine, Azerbaijan, Tajikistan, Uzbekistan, and Kazakhstan.
Of particular significance was the fact that all the former republics are now full fledged members of the Conference on Security and Cooperation in Europe (CSCE), having been admitted during the meeting of the CSCE Council of Ministers in Prague in late January 1992. Their entry into the CSCE means that all the governments of these newly independent countries have obligated themselves to implement Helsinki commitments, providing a standard by which their progress towards democratization, observance of human rights and free market economic systems can be measured. Moreover, since at least two of these countries -- Armenia and Azerbaijan -- are, essentially, engaged in hostilities, if not actually a state of war, the CSCE's mechanisms for conflict mediation and resolution can be brought into play: a test both for the republics, and the CSCE, especially in the aftermath of the Yugoslavia crisis. The fact that the delegation's visit took place during the CSCE Follow-up Meeting in Helsinki (March-June 1992) offered an appropriate backdrop to this Commission fact-finding mission.
This mission had particular resonance in the Central Asian republics, which have long been neglected in the West. In fact, there had been much debate among CSCE participating States as to whether these republics should be admitted to the Conference on Security and Cooperation in Europe, as they were manifestly not in Europe geographically, or, in many ways, culturally. Nevertheless, the CSCE's Council of Ministers was persuaded by the argument that the best way to bring Western democratic and free market ideas to the region was to include them in the process.
The visit to Armenia and Azerbaijan was motivated by obvious considerations: the increasingly bloody and alarming conflict between them over Nagorno-Karabakh. From an ethnic dispute that threatened to complicate Mikhail Gorbachev's reform program, the conflict has ballooned, with the dissolution of the USSR, into a larger regional conflict with international significance that threatens to involve neighboring states, one of which - Turkey -- is a NATO member.
From the CSCE perspective, this conflict brings to the fore the inherent contradiction between two equally valid principles of the CSCE: the right of peoples to self-determination, on the one hand; and territorial integrity, with only peaceful change of borders, on the other. Yugoslavia in 1991 had already presented the CSCE with the difficult problem of reconciling these principles; Armenia and Azerbaijan are offering the latest challenge. There is reason to believe -- or fear -- that this issue will resurface elsewhere on the territory of the former USSR, and the unhappy experience of these two Transcaucasian countries may prove an object lesson that has applicability to other situations.
Reflecting the concern of the CSCE member States about the situation, and in an attempt to resolve the crisis, a decision was taken at the March 1992 opening of the Helsinki Follow-up Meeting to organize a "Conference on Nagorno-Karabakh" which will meet soon in Minsk under CSCE auspices.
Ukraine, meanwhile, is embroiled in its own disputes as it develops its institutions as a newly independent country and CSCE state. Unlike its quarrel with Russia over division of the USSR's assets, especially the disposition of the Black Sea fleet, some issues have direct relevance to the CSCE. The Crimea, for example, may hold a referendum on its future status (remaining within Ukraine, autonomy, joining Russia, or opting for independence), which reflects the emphasis placed in the CSCE on democratic expression and fair balloting practices. Another area of critical importance is military security and arms control: the disposition of Ukraine's nuclear arsenal and compliance with the CFE (Conventional Forces in Europe) agreement, when Kiev has not yet reached agreement with Moscow and other capitals of former republics over a unified military that could implement the agreement. Finally, Ukraine's efforts to build a law-based state and overcome the legacy of 70 years of communism must overcome difficulties of personnel, "old thinking" (a term popular among Moscow's elite a few years ago), and bureaucratic resistance to change.
The United States recognized all the former Soviet republics as independent countries on December 25, 1991, but established diplomatic relations only with Russia, Ukraine, Belarus, Armenia, Kazakhstan and Kyrgyzstan. Establishment of formal diplomatic relations with the others was put off, pending satisfactory assurances of commitment to human rights, democracy, responsible arms control policies, and a free market economic system. This "two-tiered" approach drew criticism, however, for risking the alienation of the "second-tier" states and the potential loss of American influence, I especially with the January 1992 decision by the CSCE to admit the former Soviet republics as full members. In February, the Bush administration signalled its intention to establish diplomatic relations with all the former Soviet republics. The result was the speedy opening of U.S. Embassies in the newly independent countries, which was enthusiastically greeted by the leaderships and opposition forces. Effectively, therefore, the United States is the only Western country with fully-functioning Embassies in all the new countries visited by the Helsinki Commission.