Title

Title

Report on The 2003 Presidential and Parliamentary Elections in Armenia
Thursday, July 01, 2004

In February and March 2003, Armenia held its fourth presidential election since independence. According to the official results, President Robert Kocharian won re-election in two rounds, defeating challenger Stepan Demirchian 67.4 percent to 33.5 percent.

Despite the official tallies, Kocharian’s re-election was difficult. He failed to win over 50 percent of the vote in the February 19th first round, necessitating a runoff with Demirchian—the first time a sitting president in the Caucasus has been forced to a second round.

The opposition organized large anti-Kocharian demonstrations in Yerevan before the first round. Some opposition leaders made threatening statements, warning, for example, of violence if Kocharian tried to rig the vote.

Considering the opposition’s inability to rally around one candidate, Armenia’s record of poor elections and Kocharian’s hold on the state apparatus, his failure to win a first round victory was surprising. His agreement to participate in a runoff may have been a concession to widespread opposition sentiment and concern that claims of outright victory in an increasingly tense, polarized atmosphere might have led to major confrontations.

Nevertheless, the authorities did not flinch during the second round. In the interim, some 200 opposition supporters were detained for participating in demonstrations. About 80 of them received prison terms, often in closed hearings without benefit of counsel.

OSCE observers concluded that both rounds failed to meet international standards. State media displayed egregious favoritism towards the incumbent, on whose behalf state resources were used lavishly. Ballot stuffing, especially during the second round vote count, was rampant. The most positive feature of the elections was an unprecedented, live, televised debate between Kocharian and Demirchian before the second round.

The election has cast a cloud on Kocharian’s legitimacy and deeply strained government-opposition relations. Armenia’s failure to hold a fair election has entrenched a pattern of vote fraud and has worrisome implications for the country’s democratization, as illustrated by the judgement of Kocharian’s powerful Defense Minister and campaign manager, Serzh Sarkissian: “People who have grown up and lived in Europe cannot understand our mentality. They have their rules and views on democracy, and we have ours.”

Armenia’s Constitutional Court refused to annul Kocharian’s victory, but did cast doubt on his legitimacy by recommending a vote of confidence in the president. It was the first time a constitutional court in the former USSR did not routinely affirm official election results.

Russia’s President Vladimir Putin was quick to congratulate Kocharian. Washington, however, echoed the OSCE/ODIHR view of the election. President Bush’s letter to Kocharian, sent after significant delay, did not contain the word “congratulations.”

 A statement of the U.S. Delegation to the OSCE on May 29 expressed solidarity with the ODIHR assessment of Armenia’s parliamentary election: “The markedly mixed assessment of [the] elections is particularly disappointing considering the great progress Armenia has otherwise made over the past 11 years in building a modern society of which its people and government can be justly proud.” The United States called on Armenia to launch “swift action on the [ODIHR’s] recommendations” for electoral reform as “the best reaffirmation of the commitments that Armenia has made to the basic principles of democracy and fundamental human rights that OSCE represents.”

Relevant countries: 
  • Related content
  • Related content
Filter Topics Open Close
  • OSCE Human Dimension Implementation Meeting 2015

    “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.

  • What is the OSCE Doing in Ukraine?

    In Ukraine, the OSCE monitors the cease-fire, weapons withdrawal, and overall security situation in eastern Ukraine. In addition, the OSCE has observed local elections and reports on widespread human rights violations in Russian-occupied Crimea. Special Monitoring Mission (SMM) Mandate adopted by consensus on March 21, 2014 and extended until March 31, 2016 634 international monitors as of November 18, 2015 Posts daily updates at OSCE.org Has encountered episodes of hostage-taking and been fired upon OSCE Observer Mission at the Russian Checkpoints Gukovo and Donetsk Mandate adopted by consensus on July 24, 2014 Gathers information and reports on the security situation at the two checkpoints Minsk Agreement Adopted September 5, 2014, by Russia, Ukraine, and Russian-backed separatists under OSCE auspices OSCE tasked with monitoring its implementation, including the cease-fire and weapons withdrawal Minsk II Adopted February 11, 2015 Continues work of Minsk agreement OSCE Election Observation Observed local elections in 2015 Joint report by ODIHR & HCNM on Russian-occupied Crimea ODIHR and HCNM report released September 17, 2015, identifies widespread human rights violations

  • I Was Locked Up and Tortured by Putin’s Spooks

    Yuriy Yatsenko is an activist of the Euromaidan who was illegally imprisoned in Russia on political grounds and recently released. This is a shortened version of his testimony before the US Helsinki Commission in Washington on December 11, 2015. I am a Ukrainian citizen who was illegally arrested and detained by the Russian Federation for over a year for political reasons. Nadiya Savchenko, Oleg Sentsov and others who are less known have suffered and continue to suffer the same fate. In May 2014, I was in Russia's Kursk region with a friend on a business trip. During a routine document check that Russian police officers often practice, I was detained. At the police department, an FSB (Russian Federal Security Service) agent showed me a photograph of myself taken during the Euromaidan protests, which I suspect he had found on social media. The agent demanded that my friend and I provide false testimony; he wanted us to admit that we had been recruited by Right Sector or by the head of the Security Service of Ukraine to commit acts of terrorism in Russia. At the time, I was an ordinary student from western Ukraine and could not believe that such absurd accusations were being made against me. My western Ukrainian origin became an additional reason for Russian law enforcement personnel to harass me. After we refused to incriminate ourselves, they began beating us at regular intervals. We were also offered an option of going on Russian TV and giving a predetermined speech about being sent to Russia from Ukraine to commit subversive acts, but instead we turned to the FSB for protection to save us from the Ukrainian authorities and their persecution. We refused, so the harassment continued and turned into physical and psychological abuse. One FSB official threatened to hand me over to the president of Chechnya. At first, the abuse and the beatings were constant. I was regularly placed in punishment cells and solitary confinement. I remember one particularly brutal instance. Some special forces soldiers, wearing masks and uniforms bearing no insignia other than the colors of the Russian flag, put a bag over my head, took me into the woods and tortured me. They hanged me by my handcuffs for hours and beat me in the head, groin and other parts of the body. They strangled me. They also simulated an execution, firing a gun next to my head. The next morning, which was two weeks after my arrest, I used a shaving blade to cut my abdomen and the veins on my arms to stop this abuse. Only then was I taken to the hospital; there, I finally managed to inform my family about my whereabouts. Despite a court decision ordering our deportation, my friend and I were illegally kept at a special detention center for illegal immigrants for three months. During this period, beatings and torture were constant. Three months later, my friend was released and taken to the Ukrainian border, while I was suddenly charged with possessing explosives. The court found me guilty in spite of the absurdity of these accusations and the absence of any evidence. At first, I was sentenced to two years in prison, but an appeals court reduced the sentence to nine months. By that time, I had already spent a year in detention, so I was released. The fact that I'm free now is a testament to the publicity campaigns, international pressure and coordinated work of human rights advocates and lawyers. When I was in detention, guards informed me from time to time that another article about my case appeared in the press, or that another press conference dedicated to my case was held. They seemed to be alarmed by this activism, and kept saying that it should be stopped, that everything should be "done quietly." That is why public events in support of prisoners are extremely important; they signal to the repressive regime that it is being watched closely and that none of the prisoners are forgotten. At least 13 Ukrainians are detained illegally somewhere in the Russian Federation, and at least eight prisoners are being held in occupied Crimea, both Ukrainians and Crimean Tatars. The criminal cases against them are fabricated, most have been brutally tortured and some have been deprived of their right to meet with an attorney or a Ukrainian consul for over a year. These are people of various ages, professions and politics, but they share one thing—their lives have become an instrument of Russian state-sponsored propaganda that has created the image of Ukraine as a mortal enemy. Kremlin officials constantly look for ways to justify their hybrid war in Ukraine, which is why innocent Ukrainian citizens are proclaimed to be terrorists, spies and fascists. I appeal to you on behalf of the #LetMyPeopleGo campaign. There are no independent courts in Russia; this is why politically motivated cases have no chance of being decided fairly. Only international pressure can help achieve the release of those detained. We are waiting for the return of Savchenko, Olexandr Kolchenko, Sentsov, Gennadiy Afanasiev, Olexii Chirnii, Sergiy Lytvynov, Mykola Karpiuk, Stanislav Klyh, Olexandr Kostenko, Haiser Dzhemilev, Yurii Soloshenko, Valentyn Vyhyvskii and Viktor Shur. We also demand that Russia stop occupying Crimea and that Akhtem Chyihoz, Ali Asanov, Mustafa Dehermendzhy, Yuriy Ilchenko, Ruslan Zaytullaev, Nuri Primov, Rustam Vaytov and Ferat Sayfullaev be freed. It is likely that this list is incomplete. Nevertheless, we demand that Russia release all of its prisoners who have been subject to politically motivated persecution.

  • It's Time to Hold the Azerbaijan Regime Accountable

    Azerbaijani President Ilham Aliyev's habit of brutally silencing dissent may be finally catching up with him. A new bill introduced in Congress last month would require the U.S. State Department to deny visas to senior members of Aliyev's government until the country can prove it has ceased harassment of independent media and NGOs and made significant progress toward freeing its political prisoners. Despite facing long odds, the Azerbaijan Democracy Act of 2015 marks a major turning point. For years, the United States has struggled to muster any real condemnation of Azerbaijan's government, one of the most corrupt and repressive in the world. U.S. officials and lawmakers still routinely refer to their Azerbaijani counterparts as "friends" despite the fact that the former Soviet country's latest crackdown has been accompanied by a general turn away from the West. Or should we say partial turn. Azerbaijan wants to be at the table with Western nations when money is up for grabs, but it hasn't acquired the same taste for values about human rights and dignity. This juxtaposition was perhaps most apparent earlier this year when the country hosted the inaugural European Games, a 17-day competition featuring 6,000 athletes from 50 countries. The capital city of Baku spared no expense to project a modern, glamorous image during the event--even flying in Lady Gaga for a surprise performance. For many people, it was a first glimpse of Azerbaijan. But that glimpse was carefully choreographed. Foreign reporters who agreed to play by the government's rules were rewarded with access to the games; others,including Guardian sports correspondent Owen Gibson, were banned from attending after calling out human rights abuses in the country. What the cameras did not capture that night was the escape of Emin Huseynov, the founder of the Institute for Reporters' Freedom and Safety, who fled Azerbaijan for Switzerland on the private plane of the Swiss foreign minister. Huseynov first sought refuge at the Swiss embassy ten months earlier after Azerbaijani authorities raided his office. Other human rights advocates and journalists have not been as fortunate. Within a 10-day period in August 2014, Intigam Aliyev, Rasul Jafarov, and Leyla and Arif Yunus all were arrested. They were later subjected to speedy show trials resulting in lengthy prison sentences for crimes they did not commit. Leyla and Arif, both seriously ill, have recently been released to serve suspended sentences but still face charges of treason. Employees of Meydan TV, whose founder reported receiving a high-level threat during the European Games, have been barred from leaving Azerbaijan, repeatedly questioned at the prosecutor's office, and detained without cause. Their families have also faced pressure. Two brothers of editor Gunel Movlud are currently being held on bogus drug charges. Most tragically, in August, Rasim Aliyev, a journalist and chairman of the Institute for Reporters' Freedom and Safety, died after he was severely beaten by attackers. Although the assault was reportedly connected to a criticism Aliyev made of a soccer player on Facebook, Aliyev had previously experienced threats against his life. The attack was one of hundreds against Azerbaijan's journalists in the past decade, including at least two other murders. Quiet diplomacy from the United States and the European Union has failed to reverse Azerbaijan's relentless pursuit of critics and civil society groups. The State Department called Leyla Yunus' release earlier this month a "welcome" development and a "positive step." Meanwhile, the deputy chairman of the opposition Popular Front Party, was arrested the day before, and the treason trial of dissident journalist Rauf Mirqadirov is still underway. But perhaps President Aliyev's luck is running out. In November, in an unprecedented step, the Organization for Security and Co-Operation in Europe's Office for Democratic Institutions and Human Rights, its Parliamentary Assembly, and the European Parliament all canceled monitoring missions to Azerbaijan to protest the irregularity of the country's parliamentary elections. Last month, Thorbjørn Jagland, secretary general of the Council of Europe, made a bold move of his own, announcing an inquiry into Azerbaijan's implementation of the European Convention on Human Rights. And on the same day, U.S. Congressman Chris Smith, chairman of the Helsinki Commission, introduced the Azerbaijan Democracy Act and held a hearing on the case of Khadija Ismayilova, one of the few journalists in Azerbaijan who dared to report on corruption among the country's ruling elite. Ismayilova was arrested last year and is now serving a seven and a half-year prison sentence. Ismayilova has kept up the pressure on her country even from behind bars. On the eve of the European Games, with the help of Sport for Rights, a coalition of international press freedom groups that recently published a report on Azerbaijan's human rights record, she managed to get a letter out of jail to The New York Times. "The truth is that Azerbaijan is in the midst of a human rights crisis. Things have never been worse," she wrote, urging the international community: "Do not let the government of Azerbaijan distract your attention from its record of corruption and abuse." Maybe now the world is ready to listen.

  • Activists Say Baku's Crackdown On Media, Rights Workers Continues

    Human 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.

  • Attacks on Press Freedom in Azerbaijan Investigated at Congressional Hearing

    WASHINGTON—At a hearing convened today by the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, Chairman Chris Smith (NJ-04) and other lawmakers examined the plight of political prisoners in Azerbaijan and in particular the imprisonment of journalist of Khadija Ismayilova, an investigative journalist known for her reports into the wealth of the senior leadership of the Government of Azerbaijan. “Much of Khadija’s reporting was done as a journalist for U.S.-funded Radio Free Europe/Radio Liberty. This means that the U.S. government has a special obligation to do everything it can to secure Khadija’s release,” said Helsinki Commission Chair Rep. Chris Smith (NJ-04). “Our government must take every opportunity, must leave no stone unturned, in the effort to secure her release. The State Department must make Khadija’s release a true diplomatic priority.” Following several months of harassment by Azerbaijani authorities, Ms. Ismayilova was arrested on spurious charges in December 2014. RFE/RL was subsequently raided and closed by the Government of Azerbaijan. After a lengthy trial that was widely condemned by the international community for numerous irregularities, in September Ms. Ismayilova was sentenced to 7.5 years in prison. Her appeal was denied on November 25. “Human rights organizations have documented Azerbaijan’s crackdown on civil society over the last three years,” Rep. Smith continued. “The human rights situation has seriously deteriorated in Azerbaijan, causing damage to its relations with the United States and other countries, and has damaged its own society by imprisoning or exiling some of its best and brightest citizens. The time has come to send a clear message.” Nenad Pejic, Vice President and Editor-in-Chief of Programming at RFE/RL, testified at the hearing. He said, “The arrest and imprisonment of Khadija Ismayilova and the closure of RFE/RL’s Baku bureau represent a targeted and coordinated effort by the country’s most senior leadership to punish journalists who report on the government’s corruption, silence independent journalism, and end RFE/RL’s operations in Azerbaijan.” “[We urge] the Commission, the Obama Administration, and Members of Congress to raise the issue of restrictions on freedom of the press in meetings with senior Azerbaijani officials, to demand the immediate release of all Azerbaijani journalists, to put an end to these trumped-up prosecutions, to abandon the practice of collective punishment and to investigate the murders of journalists,” said Delphine Halgand, the U.S. director of Reporters Without Borders. “President Obama should meet with Khadija Ismayil’s mother, and members of Congress visiting Azerbaijan should visit Khadija Ismayil in prison,” said T. Kumar, International Advocacy Director for Amnesty International USA. The Helsinki Commission has long pressed the Government of Azerbaijan to end its repression of the political opposition, journalists, and religious minorities. Earlier today, Chairman Smith introduced H.R. 4264, the Azerbaijan Democracy Act of 2015, landmark legislation to deny U.S. visas to senior members of the Azerbaijani government following years of systematic efforts by the Government of Azerbaijan to eliminate the voices of independent journalists, opposition politicians, and civil society groups. In 2015 alone, the Commission has issued numerous statements on the rapid decline of human rights in the country and held a November briefing examining how the government of Azerbaijan uses its judicial system to intimidate and imprison critics of the government.

  • Helsinki Commission Chair Acts to End Human Rights Violations in Azerbaijan

    WASHINGTON—Following years of systematic efforts by the Government of Azerbaijan to eliminate the voices of independent journalists, opposition politicians, and civil society groups, Helsinki Commission Chair Rep. Chris Smith (NJ-04) today introduced H.R. 4264, the Azerbaijan Democracy Act of 2015, a landmark bill that will deny U.S. visas to senior members of the Azerbaijani government. “We recognize that there are important national security and economic ties that exist between our two countries, but the United States can no longer remain blind to the appalling human rights violations that are taking place in Azerbaijan,” said Rep. Smith. “Journalists and activists are routinely arrested and imprisoned; opposition politicians are in jail and elections are not free and fair; human rights lawyers have been harassed and disbarred; and religious freedom is under attack.  The Azerbaijan Democracy Act demonstrates that the United States takes human rights and fundamental freedoms seriously, and that we will not compromise when faced by a government that represses the political opposition, the media, and religious minorities.” In addition to denying U.S. visas to senior leaders of the Government of Azerbaijan, those who derive significant financial benefit from business dealings with senior leadership, and members of the security or judicial branches, the Azerbaijan Democracy Act also expresses the sense of Congress that financial penalties should be considered. Sanctions could be lifted when the Azerbaijani government shows substantial progress toward releasing political prisoners, ending its harassment of civil society, and holding free and fair elections. “It is unacceptable that senior members of the Azerbaijani government are free to visit the United States while courageous women and men like investigative journalist Khadija Ismayilova, attorney Intigam Aliyev, opposition politician Ilgar Mammadov, and activist Anar Mammadli are locked away in prisons with inadequate access to legal or even medical assistance,” Rep. Smith said. “If they can pay the price for standing up for human rights, the least we can do is to stand with them.” Rep. Smith is a long-standing advocate for human rights in Azerbaijan. Following the introduction of today’s legislation he will chair a 2PM hearing to examine Azerbaijan’s persecution of Ms. Ismayilova, who was sentenced to 7.5 years in prison in early September.

  • U.S. Bill Seeks Sanctions On Azerbaijani Officials For 'Appalling' Rights Record

    A U.S. lawmaker has introduced legislation that would deny U.S. visas to senior Azerbaijani officials due to what he calls Baku's "appalling human rights violations." U.S. Representative Chris Smith (Republican-New Jersey) introduced the bill, titled the Azerbaijan Democracy Act of 2015, in the House of Representatives on December 16. "The human rights situation has seriously deteriorated in Azerbaijan, causing damage to its relations with the United States and other countries, and has damaged its own society by imprisoning or exiling some of its best and brightest citizens," Smith told a hearing of Congress's Helsinki Commission held in conjunction with the announcement of the legislation.

  • Helsinki Commission Hearing to Scrutinize Azerbaijan’s Persecution of RFE/RL Reporter Khadija Ismayilova

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: “Azerbaijan’s Persecution of RFE/RL Reporter Khadija Ismayilova” Wednesday, December 16, 2015 2:00 PM Rayburn House Office Building Room 2200 Live Webcast: http://bit.ly/1VRaf3G In December 2014 the Government of Azerbaijan arrested investigative journalist Khadija Ismayilova on spurious charges and subsequently raided the offices of her employer, U.S.-funded Radio Free Europe/Radio Liberty (RFE/RL).  After a lengthy trial that was widely condemned by the international community for numerous irregularities, in September Ms. Ismayilova was sentenced to 7.5 years in prison. Her appeal was denied on November 25 and the RFE/RL Baku Bureau has remained shuttered by the Government of Azerbaijan.  As Helsinki Commission Chair Rep. Chris Smith (NJ-04) noted at the time of her sentencing, “[Ms. Ismayilova] is being robbed of her freedom for exposing corruption within the Azerbaijani government. Her arrest last December and the subsequent shutdown of the RFE/RL bureau in Baku were direct attacks on media freedom.”  Ms. Ismayilova is known for her well-documented investigative reports into the wealth of the senior leadership of the Government of Azerbaijan and had suffered harassment from the security services for some time before her arrest.  This hearing will examine the conduct of the trial against Ms. Ismayilova and whether or not the U.S. Government has done all it can to secure her release and to address the closing of the Baku bureau of RFE/RL. The following witnesses are scheduled to testify: Nenad Pejic, Vice President / Editor-in-Chief of Programming, RFE/RL Delphine Halgand, U.S. Director, Reporters Without Borders T. Kumar, International Advocacy Director, Amnesty International USA Shelly Han, Policy Advisor, Commission on Security and Cooperation in Europe  

  • Human Rights Violations in Russian-Occupied Crimea

    The briefing reviewed the current condition of life in Crimea under Russian rule. Panelists highlighted the illegal nature of Russian rule over the peninsula and described the human rights abuses commited by the new authorities. Several of the panelists described the propaganda campaign and censorship that the Russian government has been carrying out to tighten its grip on the peninsula. Participants also outlined possible responses by the international community -- particularly sanctions -- to address the situation in Crimea.

  • Chairman Smith Underscores Plight of Political Prisoners in OSCE Region on International Human Rights Day

    WASHINGTON–To mark International Human Rights Day on December 10, Representative Chris Smith (NJ-04), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: “The number of political prisoners is growing in several OSCE countries. For example, Russian human rights organization Memorial estimates that there are currently 50 political prisoners in Russia – a spike in recent years. Their so-called ‘criminal’ activities include protesting Russia’s illegal annexation of Crimea, blogging on police misbehavior, or exchanging open source information with a foreign research partner. “The government of Azerbaijan has in recent years imprisoned scores of people—including human rights activists and journalists. The recent release of Leyla and Arif Yunus is a positive first step. President Aliyev now must insist that the spurious charges against not only the Yunuses, but also against Khadija Ismayilova, Intigam Aliyev, and many other political prisoners, be dropped. “The number of political prisoners in central Asia has been high for years and it is not declining. In Turkmenistan, former Foreign Ministers Batyr Berdiev and Boris Shikmuradov are just two of the more than 100 people who have disappeared into Turkmenistan’s prison system, which is known for shockingly terrible conditions. In Tajikistan, members of the opposition Islamic Renewal Party of Tajikistan have been arrested, alongside the lawyers who tried to defend them. Uzbekistan has jailed human rights activists, members of certain religious groups, and journalists – including Muhammad Bekjanov, who has been held since 1999 – after poorly conducted trials and despite allegations of torture and abuse.” “On International Human Rights Day, I call on the OSCE to place the release of political prisoners at the top of the organization’s agenda.” Smith also issued a statement calling on the administration to sanction the Chinese government egregious human rights violations. December 10, International Human Rights Day, commemorates the Universal Declaration on Human Rights adopted by the UN General Assembly on December 10, 1948.

  • Helsinki Commission Briefing to Probe Human Rights Violations in Occupied Crimea

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “Human Rights Violations in Russian-Occupied Crimea” Friday, December 11 2:00 PM Rayburn House Office Building Room B-318 Russia’s illegal annexation of Ukraine’s sovereign territory of Crimea in March 2014 – which flagrantly violated numerous international agreements, including core OSCE principles enshrined in the Helsinki Final Act – resulted in a deplorable human rights situation that continues today.   Changes in government and the legal framework in Crimea following Russia’s annexation have had a toxic impact on human rights and fundamental freedoms. Violations of civil, political, social, economic, and cultural rights are widespread, especially against those who openly oppose the Russian occupation, including Crimean Tatars and other ethnic, political, and religious groups. The Helsinki Commission briefing will present key findings of the recent report, “Human Rights on Occupied Territory: Case of Crimea,” prepared by an international team of lawyers led by Ivanna Bilych.  Panelists from Ukraine will provide valuable insights about the situation on the ground. The following panelists are scheduled to participate: Ivanna Bilych, Co-founder and President of VOLYA Institute, board member of the Ukrainian American Bar Association Andriy Klymenko, Chief Editor of Black Sea News; prominent economist, originally from Crimea Bohdan Yaremenko, Chairman of the board of the Ukrainian non-governmental organization, Maidan of Foreign Affairs, former Ukrainian diplomat Yuriy Yatsenko, Activist of the Maidan Revolution of Dignity who was illegally imprisoned in Russia on political grounds and recently released after a year of imprisonment

  • The Rule of Law and Civil Society in Azerbaijan

    This briefing discussed the current state of democracy and human rights in Azerbaijan following the 2015 parlimentary election.  Ambassador Morningstar, who was the U.S. ambassador to Azerbaijan from 2012 until 2014, recommended that the United States focus on building trust and opportunites for cooperation with the Azerbaijani government, in order to have leverage to encourage respect for human rights. Natalia Bourjaily spoke about the increasing number of legal restrictions on foriegn NGOs in Azerbaijan and Dinara Yunus discussed the conditions under which her parents, Azeri human rights activists, were held.  

  • The Rule of Law and Civil Society in Azerbaijan

    Azerbaijan's parliamentary election in November 2015 provided further evidence of the absence of rule of law in Azerbaijan. The majority of opposition candidates were not allowed on the ballot, there was no mechanism for debate on television, election monitors faced intimidation, and Azerbaijan generally failed to abide by minimum standards of elections it has committed itself to in the OSCE. Rule of law means that governmental powers are restricted by certain standards, which includes that citizens are allowed mechanisms to hold government accountable, such as through the media and civil society. These freedoms are greatly restricted in Azerbaijan. This briefing sought to better understand the situation in Azerbaijan through the testimonies of experts, including a particularly moving testimony by Dinara Yunus, the daughter of two imprisoned Azerbaijani human rights defenders. 

  • Helsinki Commission Briefing to Examine Serious Decline in Respect for Human Rights in Azerbaijan

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following briefing: “The Rule of Law and Civil Society in Azerbaijan” Thursday, November 5 2:00PM Cannon House Office Building Room 311 The last two years have witnessed a precipitous decline in the respect for rule of law and human rights in Azerbaijan. Many independent civil society organizations have been forced to close due to onerous regulations, threats of intimidation, or the arrest of the organization’s leaders. Independent media has been severely curtailed or closed down. Opposition parties are harassed and often shut out of the election process. High-profile politicians are serving lengthy prison sentences on charges that many observers believe were politically motivated. This briefing will have a particular focus on the rule of law and how the government of Azerbaijan is using its judicial system to intimidate and imprison critics of the government. The briefing will also analyze the results of the November 1 parliamentary election and its implications for Azerbaijan’s future direction. The following panelists are scheduled to participate: Ambassador Richard Morningstar, US Ambassador to the Republic of Azerbaijan from July 2012 to August 2014 and Founding Director of the Global Energy Center, Atlantic Council Natalia Bourjaily, Vice President – Eurasia, International Center for Not-for-Profit Law Dinara Yunus, Daughter of imprisoned Azerbaijani human rights defenders Leyla and Arif Yunus

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

    Mr. Speaker, yesterday I chaired a hearing of the Helsinki Commission that examined the Russian government’s repeated violations of its international security, economic, and human rights commitments.  In accord with the three dimensions of security promoted by the OSCE and the Helsinki Final Act of 1975, the Commission looked at Russia’s respect for the rule of law through the lens of three ‘‘case studies’’ current to U.S.-Russian relations—arms control agreements; the Yukos litigation; and instances of abduction, unjust imprisonment, and abuse of prisoners.  Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act.  At stake is the hard-won trust between members—now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails.  In respect of military security, under the 1994 Budapest Memorandum Russia reaffirmed its commitment to respect Ukraine’s independence, sovereignty, and existing borders. Russia also committed to refrain from the threat or use of force or economic coercion against Ukraine. There was a quid pro quo here: Russia did this in return for transferring Soviet-made nuclear weapons on Ukrainian soil to Russia.  Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act. It appears these are not isolated instances. In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments such as the Vienna Document and binding international agreements, including the Conventional Forces in Europe (CFE), Intermediate Nuclear Forces (INF), and Open Skies treaties.  In respect of commercial issues, the ongoing claims regarding the Russian government’s expropriation of the Yukos Oil Company are major tests facing the Russian government. In July 2014, GML Limited and other shareholders were part of a $52 billion arbitration claim awarded by the Hague Permanent Court of Arbitration and the European Court of Human Rights (ECHR).  In response, the Russian government is threatening to withdraw from the ECHR and seize U.S. assets should American courts freeze Russian holdings on behalf of European claimants, while filing technical challenges that will occupy the courts for years to come. All of this fundamentally calls into question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms such as that of the Hague.  I note that U.S. Yukos shareholders are not covered by the Hague ruling for their estimated $6 billion in losses. This is due to the fact that the United States has not ratified the Energy Charter Treaty, under which European claimants won their case, as well as the continued absence of a bilateral investment treaty with Russia. This has handicapped U.S. investors in Russia’s energy sector, leaving them solely dependent of a State Department espousal process with the Russian government.  We were all relieved to learn that Mr. Kara-Murza is recovering from the attempt on his life—by poisoning—in Russia earlier this year. His tireless work on behalf of democracy in Russia, and his personal integrity and his love of his native country is an inspiration—it is true patriotism, a virtue sadly lacking among nationalistic demagogues.  Sadly, the attempt on Mr. Kara-Murza’s life is not an isolated instance. Others have been murdered—most recently Boris Nemtsov—and both his and Mr. Kara-Murza’s cases remain unsolved.  In other cases, such as the abductions, unjust imprisonments, and abuses of Nadiya Savchenko, Oleg Sentsov, and Eston Kohver, we are dealing the plain and public actions of the Russian government. Nadiya Savchenko, a Ukrainian pilot and elected parliamentarian, was abducted by Russian government agents, imprisoned, subjected to a humiliating show trial, and now faces 25 years in prison for allegedly murdering Russian reporters—who in fact were killed after she was in Russian custody.  Meanwhile, a Russian court has sentenced Ukrainian film director Oleg Sentsov on charges of terrorism. Tortured during detention, Sentsov’s only transgressions appear to be his refusal to recognize Russia’s annexation of the peninsula and his effort to help deliver food to Ukrainian soldiers trapped on their Crimean bases by invading Russian soldiers. And the kidnaping and subsequent espionage trial against Estonian law enforcement officer Eston Kohver demonstrates the Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders.  The Magnitsky Act that I had the honor to co-sponsor was in part meant to address human rights abuses such as these. It sanctions those involved in the abuse, and works to discourage further human rights violations while protecting those brave enough to call attention to their occurrence. It troubles me greatly to hear that the Administration’s listings of sanctioned individuals has thus far only targeted ‘minor players,’ rather than those who pull the strings.  

  • Helsinki Commission Chair Chris Smith Shines Light on Egregious Rule-of-Law Abuses by Russian Government

    WASHINGTON—At a Congressional hearing today, the U.S. Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, spotlighted the many recent violations of the rule of law committed by the Russian government. “Forty years after the signing of the Helsinki Final Act, we face a set of challenges with Russia, a founding member of the organization, that mirror the concerns that gave rise to the Helsinki Final Act,” said Helsinki Commission Chairman Rep. Chris Smith (NJ-04), who called the hearing. “At stake is the hard-won trust between members, now eroded to the point that armed conflict rages in the OSCE region. The question is open whether the principles continue to bind the Russian government with other states in a common understanding of what the rule of law entails.” “Russia’s annexation of Crimea and subsequent intervention in the Donbas region not only clearly violate this commitment, but also every guiding principle of the 1975 Helsinki Final Act.  It appears these are not isolated instances.  In recent years, Russia appears to have violated, undermined, disregarded, or even disavowed fundamental and binding arms control commitments,” Smith continued. “[I also] question Russia’s OSCE commitment to develop free, competitive markets that respect international dispute arbitration mechanisms...[and recent government actions] demonstrate Russia’s readiness to abuse its laws and judicial system to limit individual freedoms both within and beyond its borders.” Witness testimony highlighted case studies corresponding to each of the three dimensions of comprehensive security established by the Organization for Security and Cooperation in Europe (OSCE): politico-military security; economic and environmental security; and human rights and fundamental freedoms. Tim Osborne, executive director of GML Ltd., the majority owner of the now-liquidated Yukos Oil Company, said, “It is clear that the Russian Federation is not honoring its obligations and commitments under the rule of law or in a manner consistent with the Helsinki process.  Russia’s tendency, more often than not, has been to ignore, delay, obstruct or retaliate when faced with its international law responsibilities…Russia cannot be trusted in international matters and that even when it has signed up to international obligations, it will ignore them if that is what it thinks serves it best.” “Russia had engaged in the uncompensated expropriation of billions of dollars of U.S. investments in Yukos Oil Company,” observed former U.S. Under Secretary of State for Economic, Business and Agricultural Affairs Ambassador Alan Larson. “American investors—who owned about 12 percent of Yukos at the time of the expropriation—have claims worth over $14 billion, and they are entitled to compensation under international law even though they have no option for bringing claims directly against the Russian Federation.” Vladimir Kara-Murza, a well-known Russian activist and the coordinator of the Open Russia Movement, said, “Today, the Kremlin fully controls the national airwaves, which it has turned into transmitters for its propaganda…the last Russian election recognized by the OSCE as conforming to basic democratic standards was held more than 15 years ago.” “There are currently 50 political prisoners in the Russian Federation,” Kara-Murza continued. “These prisoners include opposition activists jailed under the infamous ‘Bolotnaya case’ for protesting against Mr. Putin’s inauguration in May 2012; the brother of anti-corruption campaigner Alexei Navalny; and Alexei Pichugin, the remaining hostage of the Yukos case.” “A clear pattern emerges when one looks at Russia’s implementation of its arms control obligations overall,” observed Stephen Rademaker, former Assistant Secretary of State for Arms Control and International Security and Nonproliferation. “Should Moscow conclude such agreements have ceased to serve its interest, it will ignore them, effectively terminate them, violate them while continuing to pay them lip service, or selectively implement them…Russia believes that this is how great powers are entitled to act, and today Moscow insists on acting and being respected as a great power.” Chairman Smith was joined at the hearing by a panel of lawmakers including Commission Co-Chairman Senator Roger Wicker (MS) and Representative Robert Aderholt (AL-04).

  • Bipartisan Congressional Delegation Represents US at OSCE Parliamentary Assembly; Also Visits Ukraine, Czech Republic

    Forty years after the signing of the Helsinki Final Act established the precursor to today’s Organization for Security and Cooperation in Europe (OSCE), five members of the Helsinki Commission and four other members of Congress traveled to the OSCE Parliamentary Assembly Annual Session in Helsinki to demonstrate the U.S. commitment to confronting Russian aggression in Ukraine and elsewhere. Led by Commission Co-Chairman Senator Roger F. Wicker (MS), the bicameral, bipartisan delegation organized by the Helsinki Commission included Commission Chairman Representative Chris Smith (NJ- 04); House Commissioners Robert B. Aderholt (AL-04), Steve Cohen (TN-09) and Alan Grayson (FL-09); and Representatives Gwen Moore (WI-04), Michael Fitzpatrick (PA-08), Richard Hudson (NC-08) and Ruben Gallego (AZ-07). Before attending the Annual Session from July 5 to 7, several members of the delegation also visited Ukraine and the Czech Republic. A central concern to the delegation throughout the trip was Russia’s restrictions on democracy at home and aggression in Ukraine, along with Russia’s threat to European security.

  • Helsinki Commission Calls for Release of Imprisoned Journalists in OSCE Region

    WASHINGTON—In advance of World Press Freedom Day on May 3, Rep. Chris Smith (NJ-04), chairman of the Helsinki Commission, issued the following statement:   “On World Press Freedom Day, I pay tribute to the courage and commitment of the many journalists in the OSCE region and beyond who risk their lives on a daily basis to document stories of corruption, conflict, and human rights abuses.   “In several OSCE participating States, governments use increasingly sophisticated tactics to threaten and discourage professional journalism. In the worst cases, journalists are being jailed in failed attempts to stifle political dissent. This is unacceptable behavior for nations committed to the fundamental freedoms and human rights described in the Helsinki Final Act, and I call on all OSCE participating States, particularly Turkey, Azerbaijan, and Uzbekistan, to release those journalists who remain imprisoned.   “Unfortunately, journalists in the OSCE region also face other daily threats to their lives, especially those members of the media who report from conflict zones. More than 200 attacks on journalists have been reported as a result of the Russia-Ukraine conflict alone; some of those brave journalists have paid the ultimate price.   “I am proud that the OSCE continues to lead the way with initiatives focused on journalist safety in the field, ending impunity, and improving media safety online, and I especially commend the work of the OSCE Representative on Freedom of the Media Dunja Mijatovic. However, much remains to be done to advance the safety of journalists in our region and around the world.”   On May 5, Chairman Smith plans to introduce the World Press Freedom Protection Act of 2015 in the U.S. House of Representatives. The legislation would authorize the President to deny entry visas to individuals who have credibly threatened press freedom; restrict some U.S. activities of executives of state-owned media organizations from countries where American journalists are threatened or harassed; and urge the U.S. Government to include press freedoms and Internet freedom as part of international treaty negotiations and trade agreements.

  • Rep. Smith Chairs Helsinki Commission Hearing on Armenian Genocide

    WASHINGTON—At a hearing convened today by the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, Chairman Chris Smith (NJ-04) and other lawmakers examined denialism of the Armenian Genocide by the Government of Turkey and the decades-long effort to seek accountability.  “The Armenian genocide is the only genocide of the 20th century in which a nation that was decimated by genocide has been subject to the ongoing outrage of a massive campaign of genocide denial, openly sustained by state authority,” said Smith, who called today’s hearing and chaired Congress’s first-ever hearing on the Armenian Genocide in 2000. “Sadly, the Turkish government has driven this campaign of denial, and has done so over a course of decades.” Smith continued, “I must respond to President Obama. On Tuesday his aides met with Armenian leaders and made it clear that once again he will not recognize the Armenian genocide. This is in direct contradiction to the promises he made before becoming president—and in order to become president.  “While a candidate, in 2008 the President made passionate statements in support of genocide recognition… these are beautiful words which echo hollowly today,” Smith said. “The president’s abandonment of this commitment is unconscionable and cynical. With Germany and the EU lining up to do the right thing, our government needs to do likewise. Sadly, after the President’s powerful promise, he is following, not leading – or rather, we are not even following.” Witnesses testifying at the hearing focused on the sustained campaign of the Turkish government to deny the Armenian genocide and its impact on Armenian-Turkish relations and foreign policy in the region. “Turkey’s denialism of its past and making it an essential part of its foreign policy is not simply a moral abomination; it represents a threat to democracy, stability and security, not only in Turkey but in the region too,” testified Dr. Taner Akçam, a Turkish scholar who holds the chair in Armenian Genocide Studies at Clark University. “The refusal [of the U.S.] to recognize past injustices is fundamentally undemocratic and contributes to the destabilization of Turkey and the region. How can the United States, which prides itself on its exceptionalism in supporting liberal values and human rights at home and across the world, justify a position at odds with its own democratic values?” “Far too often, over the past several decades, under Turkey's arm-twisting here in Washington, DC, official discussions of the Armenian Genocide were framed in denialist terms, on the basis of Ankara's artificially contrived ‘debate’ about whether there was an Armenian Genocide,” said Kenneth Hachikian, chairman of the Armenian National Committee of America. “Turkey's denial of truth and justice for the Armenian Genocide remains the central issue between Turks and Armenians, the one that must be openly acknowledged, honestly discussed, and fairly resolved for there to be real, sustained progress in relations between these two nations.”  “How did denial start and how did it last as long as it has?  The answer is simple—successive Turkish governments have used the issue to instill fear, promote racism, distract their population from the truth, and avoid progress,” said Van Krikorian, co-chairman of the board of trustees of the Armenian Assembly of America. “Having re-written their own history, they are now afraid to tell the truth as they will lose votes and risk power. Tragically, this pattern has found accomplices, as Turkish leaders have openly threatened countries which do not deny the Armenian Genocide.  Those who bend to bullying continue to be bullied. Those who do not, show honor and backbone.” Additional witnesses who testified at the hearing, “A Century of Denial: Armenian Genocide and the Ongoing Quest for Justice,” included Dr. Elizabeth H. Prodromou, visiting associate professor of conflict resolution at Tufts University’s Fletcher School, and Mrs. Karine Shnorhokian, representative of the Genocide Education Project.

Pages