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Sanctioning Human Rights Abusers and Kleptocrats under the Global Magnitsky Act
A How-To Guide
Thursday, May 24, 2018

The Global Magnitsky Act enables the United States to sanction the world’s worst human rights abusers and most corrupt oligarchs and foreign officials, freezing their U.S. assets and preventing them from traveling to the United States. Sanctioned individuals become financial pariahs and the international financial system wants nothing to do with them.

Before proceeding, ask yourself: is Global Magnitsky right for my case? The language of the Global Magnitsky Act as passed by Congress was ex-panded by Executive Order 13818, which is now the implementing authority for Global Magnitsky sanctions. EO 13818 stipulates that sanctions may be considered for individuals who are engaging or have engaged in “serious human rights abuse” against any person, or are engaging or have en-gaged in “corruption.” Individuals who, by virtue of their rank, have ordered others to engage or have facilitated these acts also are liable to be sanctioned.

Keep in mind that prior to the EO’s expansion of the language, human rights sanctions were limited to “gross violations of internationally recognized human rights” as codified in 22 USC § 2304(d)(1). The original language also stipulates that any victim must be working “to expose illegal activity car-ried out by government officials” or to “obtain, exercise, defend, or promote internationally recognized human rights and freedoms.” As for sanctions for corruption, it identifies “acts of significant corruption” as sanctionable offenses. This is generally thought to be a stricter standard than the EO’s term “corruption.” It may be worthwhile to aim for this higher standard to make the tightest case possible for sanctions.

As a rule, reach out to other NGOs and individuals working in the human rights and anti-corruption field, especially those who are advocating for their own Global Magnitsky sanctions. Doing so at the beginning of the process will enable you to build strong relationships, develop a robust network, and speak with a stronger voice.

Download the full guide to learn more.

Contributor: Paul Massaro, Policy Advisor

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  • Helsinki Commission Announces Hearing on Crowdsourcing Victory for Ukraine

    WASHINGTON— The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing:     CROWDSOURCING VICTORY Inside the Civil Society Campaign to Improve the Lethality and Survivability of the Ukrainian Military   Wednesday, December 7, 2022 2:30 p.m. Dirksen Senate Office Building Room 562 A unique aspect of Ukraine’s decentralized defense has been the rise of civil society organizations marshalling grassroots support for the Ukrainian war effort and humanitarian response. Unlike the USO or care packages Americans send our overseas troops, NGOs are effectively serving as the quartermaster for Ukraine’s troops, supplying tactical gear such as commercial drones, night and thermal vision optics, encrypted radios, and body armor. In many cases, these organizations have supplied this war-winning gear in greater volumes than Ukraine’s government itself, freeing agencies like the Ministry of Defense to focus on securing advanced weapons systems from Western suppliers. These civil society organizations exemplify the total mobilization of Ukrainian society at levels that have only been seen in the West during the Second World War. The hearing will examine logistical and regulatory challenges that often stymie efforts to surge needed gear to the front and will identify policy options for Washington and Brussels to declutter and harmonize an export framework that was never intended for a massive land war in Europe. It will also seek to answer the question of why frontline units with advanced Western weaponry still lack battlefield essentials such as combat optics, secure communications, and vehicles needed to transport casualties from the red zone to hospitals in the rear. The following witnesses are scheduled to testify: Dora Chomiak, President of U.S.-based NGO Razom for Ukraine Taras Chmut, Director of the Ukraine-based foundation Come Back Alive Serhiy Prytula, Founder and Chairman of the Ukraine-based Prytula Charity Foundation   Jonas Öhman, Founder and Head of the Lithuania-based NGO Blue/Yellow for Ukraine

  • Helsinki Commission Briefing on Russia's Genocide in Ukraine

        Helsinki Commission Co-Chairman Rep Steve Cohen joined a panel of four experts moderated by Helsinki Commission Senior Policy Advisor Michael Cecire to discuss Russia’s genocide in Ukraine. The four panelists included Dr. Timothy Snyder, Richard C. Levin Professor of History at Yale University; Ms. Maria Kurinna, Ukrainian human rights activist and international advocacy advisor at ZMINA; Dr. Eugene Finkel, Kenneth H. Keller Associate Professor of International Affairs at Johns Hopkins University; and Dr. Erin Rosenberg, Senior Legal Advisor, Mukwege Foundation; Visiting Scholar, Urban Morgan Institute for Human Rights. The panelists unanimously agreed that Russia's  invasion of Ukraine meets the definition of the term genocide as defined by the Genocide Convention. According to that definition, genocide occurs when any of the following acts are committed with the “intent to destroy, in whole or in part, a national, ethnical, racial, or religious group as such”: Killing members of the group; Causing serious bodily or mental harm to members of the group; Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; Imposing measures intended to prevent births withing the group; Forcibly transferring children of the group to another group According to Snyder, Russia is unambiguously committing the five types of crimes outlined in the Genocide Convention. However, Russia’s clear statements of genocidal intent in its public statements and the media make it a unique case from a historical perspective. Kurinna spoke to her family’s experience in Luhansk and underscored how Ukrainians are being targeted with death threats and torture for supporting the Ukrainian national identity. She emphasized the importance of identifying Russia’s actions as a genocide distinct from other violations of international law, such as war crimes and mass killings. She called on the US to lead other democracies in labelling Russia’s actions as a genocide. Finkel added that words matter, and the decision to label Russia’s actions in Ukraine as a genocide has political, legal, historical, and moral significance. He stated that we have a moral imperative to stop the genocide that is currently happening and decide whether we are serious about genocide happening “never again.” Rosenberg concluded the panel portion of the briefing with an analysis of the genocide from an international law perspective. She asserted that Russia’s actions do qualify as genocide under the genocide convention and that the Ukrainian nationality is a protected group. However, she added that genocidal intent must be tied to a desire to destroy the group physically or biologically, not just culturally. Further, Rosenberg delineated the unique roles of the US Congress and executive branch under the genocide convention and stressed that while the US must take action to declare Russia’s actions a genocide, it should not seek to reproduce judicial processes when doing so. During the Q&A, the panelists stressed the need to understand Russia’s genocide in Ukraine in a global context and described the precedents that action – or inaction – will set for international security in the decades to come.    

  • Congressmen Cohen and Wilson Introduce Resolution Recognizing International Day of Political Prisoners

    WASHINGTON – Congressman Steve Cohen (TN-09), Co-Chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the Commission’s Ranking Member, Congressman Joe Wilson (SC-02), today introduced a resolution recognizing October 30 as International Day of Political Prisoners. Congressman Cohen was recently named the Special Representative on Political Prisoners by the Organization for Security and Cooperation in Europe’s Parliamentary Assembly and has been speaking out and calling attention to the treatment of an estimated 1 million political opponents, dissidents, academics, human rights activists, journalists and others worldwide imprisoned for their commitment to democracy and transparency. The resolution calls attention to repressive regimes engaged in “systematic destruction of independent voices, including but not limited to the Russian and Belarusian Governments.”  It clarifies that October 30 was chosen because on October 30, 1974, “Soviet human rights activists and dissidents initiated the idea of marking the day of political prisoners in the USSR and consequently held a hunger strike that day while in jail.” The measure also says that the U.S. House of Representatives “deplores all forms of political repression and imprisonment” and supports State Department efforts to call attention the problem. See the entire resolution here.

  • Congressmen Cohen and Wilson Introduce Resolution Recognizing International Day of Political Prisoners

    WASHINGTON – Congressman Steve Cohen (TN-09), Co-Chairman of the Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the Commission’s Ranking Member, Congressman Joe Wilson (SC-02), today introduced a resolution recognizing October 30 as International Day of Political Prisoners. Congressman Cohen was recently named the Special Representative on Political Prisoners by the Organization for Security and Cooperation in Europe’s Parliamentary Assembly and has been speaking out and calling attention to the treatment of an estimated 1 million political opponents, dissidents, academics, human rights activists, journalists and others worldwide imprisoned for their commitment to democracy and transparency. The resolution calls attention to repressive regimes engaged in “systematic destruction of independent voices, including but not limited to the Russian and Belarusian Governments.”  It clarifies that October 30 was chosen because on October 30, 1974, “Soviet human rights activists and dissidents initiated the idea of marking the day of political prisoners in the USSR and consequently held a hunger strike that day while in jail.” The measure also says that the U.S. House of Representatives “deplores all forms of political repression and imprisonment” and supports State Department efforts to call attention the problem. See the entire resolution here.

  • Helsinki Commission Condemns Putin's Attacks on Civilians and Declaration of Martial Law

    WASHINGTON—In light of Vladimir Putin’s continuing terror attacks on Ukraine, Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) issued the following joint statement: “Russia’s dictator Vladimir Putin has no right, or military ability, to claim swathes of Ukraine’s territory as part of Russia, including areas that Ukrainian forces have recently liberated. Attempting to declare martial law in these areas is a cynical ploy to legitimize the illegitimate, to make real the unreal, and paves the way for further Russian terror and genocide against the Ukrainian nation. “This month’s widespread and deadly strikes on civilian targets—including apartment buildings, playgrounds, and energy facilities and other critical infrastructure—demonstrate a desperate effort to conceal the Kremlin’s ongoing military collapse and to break the will of the Ukrainian people. But Ukrainians’ resolve will not waver, nor will our commitment to their freedom. “We will continue to support Ukraine in every way we can so that they can defend themselves and the democratic ideals we share. And we will call this war what it is—Russia’s genocidal, imperial conquest against a free people.”

  • Tribute to Robert Hand for Forty Years of Service at the Commission on Security and Cooperation in Europe

    Recognizing Robert “Bob” A. Hand for 40 years of service to the Commission on Security and Cooperation in Europe. Whereas Robert (Bob) Hand has given 40 years of faithful service to the Commission on Security and Cooperation in Europe, making him the longest serving staff of the United States Helsinki Commission to date; Whereas he is a highly respected expert on the Western Balkans with his work being invaluable during the wars in the former Yugoslavia in the 1990s, he was focused on holding accountable those responsible for atrocities such as the Srebrenica genocide in 1995 and the murder of the Albanian-American Bytyqi brothers in Serbia in 2001, and he kept Commissioners up to date on developments in the region, including in Albania, where he is also known for his expert analysis; Whereas having served on numerous United States delegations to Organization for Security and Cooperation in Europe (OSCE) meetings, observed dozens of elections, and served as a mission member on one of the OSCE’s first field missions, the OSCE Missions of Long Duration in Kosovo, Sandjak, and Vojvodina while stationed in Novi Pazar in 1993, Bob’s institutional expertise and memory on the OSCE has been vital to both the Helsinki Commission and the Department of State; Whereas in his role as the Secretary of the United States delegation to the OSCE Parliamentary Assembly (PA), Bob deftly and tirelessly guaranteed that the delegation was always well-prepared to engage with our counterparts from other countries and that our proposals and resolutions had the best possible chance for adoption; Whereas his deep expertise on procedural matters and election monitoring, among other processes, made him an extraordinarily effective advocate and negotiator for United States interests and for human rights and democracy throughout his time as Secretary of the United States delegation; Whereas no major meeting of the Parliamentary Assembly could be considered “typical”, with an enormous variety of subjects discussed, new procedures created, and different Members of Congress participating on the United States delegation from meeting to meeting, Bob rose to a huge diversity of challenges as Secretary of the United States delegation, and he ensured that Members could meaningfully participate and contribute, and that the United States presence was impactful in every meeting he coordinated; Whereas during annual sessions in particular, Bob’s calm demeanor and deep knowledge of OSCE Parliamentary Assembly processes helped all members of the delegation, whether Commissioners or not, whether it was their 1st or 15th time at an OSCE PA meeting, to know where they were supposed to be, when they were voting, what issues were at stake, and when they were scheduled to speak; Whereas ahead of OSCE’s yearly gatherings, Bob skillfully collected signatures from other delegations for United States initiatives in the Parliamentary Assembly as well as secured support from Members for important supplementary items and amendments fielded by other delegations; Whereas at the 2022 OSCE PA Annual Session in Birmingham, Bob worked diligently with several other delegations to ensure that a critical resolution condemning Russia’s unprovoked invasion of Ukraine was adopted with the strongest possible language; Whereas the United States delegation had a 100-percent success rate at the 2022 OSCE PA Annual Session with the joint Ukraine resolution submitted by the United States, Ukrainian, and Lithuanian delegations, and all United States amendments to committee resolutions and supplementary items adopted; Whereas over the years, Bob guided the United States delegation through elections for OSCE PA leadership and helped secure positions for United States Members as OSCE PA President, Vice Presidents, and committee Chairs to make up the OSCE PA Bureau as well as positions on ad hoc committees and appointments as Special Representatives on Anti-Semitism, Racism and Intolerance, Human Trafficking Issues, and on Political Prisoners; Whereas Bob was instrumental in ensuring that the COVID pandemic in no way diminished the United States delegation’s consistent and meaningful impact, and that United States objectives were advanced at each and every opportunity despite the unprecedented shift to online formats spanning multiple time zones; Whereas Bob was always guided by a clear sense that what the United States says matters in a body such as the OSCE Parliamentary Assembly, he prioritized principles over dialogue for its own sake, and he served the Commission’s mandate faithfully and tirelessly; and Whereas his longstanding relationships with the OSCE Parliamentary Assembly leadership, staff, and other parliamentarians mean his departure will be felt not only by the Commission but by many of our friends in the OSCE region who have worked with him over the years: Now, therefore, be it Resolved, That the House of Representatives— (1) recognizes Robert A. Hand’s 40 years of dedicated service to the Commission on Security and Cooperation in Europe (United States Helsinki Commission); (2) appreciates his sound policy guidance on the Balkans and other regions throughout his time with the Commission; (3) congratulates him on his successes as Secretary of the United States delegation to the Organization for Security and Cooperation in Europe Parliamentary Assembly; and (4) wishes him all the best in the next chapters of his personal and professional endeavors.

  • Decolonizing the Russian Empire

        Russia’s war of conquest in Ukraine has shocked the world for its brutality and aggression. But the Kremlin’s violent designs in Ukraine, and other military adventures in the Caucasus and Eastern Europe, are part of a larger and longer legacy of Russian imperialism that directly threaten its neighbors and imprison a multitude of nations within its authoritarian empire. This side event explores the destructive effects of Russian imperialism and how the unfolding genocide in Ukraine is a natural outgrowth of these colonial policies. Drawing on regional perspectives of those victimized by Russia’s brutal empire, the panel will highlight the realities of Russian colonialism and what a process of decolonization—elevating marginalized voices and providing for their full political and civic self-expression—would mean for Russia and for its neighbors.

  • My "Hell" in Russian Captivity

    Russia’s war crimes in Ukraine include the brutal and unlawful detention of thousands of Ukrainians. At this hearing, Yuliia “Taira” Paievska, a well-known Ukrainian volunteer medic who was detained in Mariupol in March and held by the Russians for three months, testified about her capture, the deplorable conditions of her captivity, the plight of those who continue to be detained unlawfully, and her lifesaving work since 2014 providing medical assistance to those wounded by Russia’s war.   Taira outlined the daily experience of torture, psychological manipulation, and inhumane living conditions she and others were subjected to by their Russian captors. She explained that she was detained during a document check, and when a guard recognized her name, she was singled out for especially cruel treatment.    Held in the occupied territories but under the direct control of Russian forces, Taira spent three months in captivity. Her captors attempted to force a public confession from her for crimes she had not committed. Taira knew they would use this footage to drive the Russian propaganda narrative of Ukrainian cruelty and defend their own atrocities. She had seen footage of friends and colleagues admitting to crimes she knows they did not commit in order to escape the torture that she herself faced. Taira noted that the Russians spared no one, capturing and torturing civilians as well as soldiers.   After thanking the United States for all the support it has given to Ukraine, she asked for help fighting Russian propaganda. She believes that the world must challenge Russian narratives. Taira requested additional shipments of modern weapons from the United States, stating that Ukrainians have proved themselves as responsible stewards of American weaponry and will use them to continue fighting with honor. She also asked for American help in facilitating international access to prisons in occupied Ukraine, in order to ensure fair treatment of prisoners according to the Geneva Conventions. Finally, Taira requested that the United States designate Russia as a state sponsor of terrorism, continue supporting Ukraine financially, and recognize the violence and oppression committed by Russia in Ukraine as a genocide.     

  • Helsinki Commission Slams Shutdown of Novaya Gazeta

    WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) today condemned the shutdown of Novaya Gazeta in Russia, following the decision of a Moscow court to strip the outlet of its print media registration. They issued the following joint statement: “The Kremlin assault on the last vestiges of independent media in Russia confirms that Vladimir Putin is afraid of the truth. Novaya Gazeta has been a pillar of free Russian media since it was founded in 1993 by future Nobel Peace Prize winner Dmitry Muratov, with the support of late Soviet leader Mikhail Gorbachev. “Putin has spent years attacking truth-tellers in Russia’s information space in order to build a country where lies and distortion of reality serve his interests. Russia’s horrific war against Ukraine, the atrocities committed by the Russian army, and the state-sponsored justification and praise of this violence are the terrible consequences of this dark and cynical manipulation. Russia needs independent journalism now more than ever.” In March 2022, the Helsinki Commission held a hearing on “Putin’s War on Truth,” which examined Vladimir Putin’s crackdown on independent media in Russia following the invasion of Ukraine. Helsinki Commission leadership lauded the award of the 2021 Nobel Peace Prize to Russia’s Dmitry Muratov, longtime editor-in-chief of Novaya Gazeta. Muratov dedicated his Nobel Prize award to his slain Novaya Gazeta colleagues Igor Domnikov, Yuri Shchekochikhin, Anna Politkovskaya, Stanislav Markelov, Anastasiya Baburova, and Natalya Estemirova. In a November 2009 Helsinki Commission briefing on violence against journalists and impunity in Russia, Muratov, who provided testimony, said, “I would like to ask you a huge favor. In every meeting, in any encounter with representatives of the Russian political establishment and government, please, bring up this meeting. Please ask these uncomfortable questions. Please try not to be too polite.”  

  • Ukrainian Medic to Testify on “Hell” in Russian Captivity, War in Ukraine at Upcoming Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: MY “HELL” IN RUSSIAN CAPTIVITY Taira Paievska on Russia’s War in Ukraine Thursday, September 15, 2022 9:00 a.m. Dirksen Senate Office Building Room 106 Watch live: www.youtube.com/HelsinkiCommission Russia’s war crimes in Ukraine include the brutal and unlawful detention of thousands of Ukrainians. At this hearing, Yuliia “Taira” Paievska, a Ukrainian volunteer medic who was detained in Mariupol in March and held by the Russians for three months, will testify about her capture; the deplorable conditions of her three-month captivity; the plight of those who continue to be detained unlawfully; and her lifesaving work since 2014 providing medical assistance to those wounded by Russia’s war. The following witnesses are scheduled to participate: Yuliia “Taira” Paievska, Ukrainian veteran and volunteer paramedic; Commander, “Taira’s Angels” Dr. Hanna Hopko, Co-Founder, International Center for Ukrainian Victory; Former Chair, Committee on Foreign Affairs, Parliament of Ukraine

  • Co-Chairman Cohen Discusses Role as Special Representative for Political Prisoner

    WASHINGTON—Helsinki Commission Co-Chairman Rep Steve Cohen (TN-09) today spoke at a virtual hearing of the Organization for Security and Cooperation in Europe’s Parliamentary Assembly (OSCE PA)about his new role as the assembly’s special representative for political prisoners. Co-Chairman Cohen thanked OSCE PA President Margareta Cederfelt of Sweden for naming him to the special representative role and expressed his disappointment at the increased need to call attention to attacks on human rights as conditions around the world continue to deteriorate. He spoke in particular on the cases of Russian politicians Vladimir Kara-Murza, Alexei Navalny, and the former mayor of Yekaterinburg, Yevgeny Roizman, as well as politicians, journalists and dissidents in Belarus, Egypt, Myanmar, and Cambodia. Co-Chairman Cohen said of Kara-Murza, arrested after returning home to Moscow: “I will not let him be forgotten.” He also said in part: “I appreciate President Cederfelt’s appointment and her faith in me to execute this position as special representative on political prisoners. I take it very seriously and have been working on it regularly, notifying through posts on social media, press releases and calling on governments to release political prisoners. Unfortunately, this role is becoming more and more significant as we have more and more political prisoners… “I’ve contacted Secretary Blinken to work with him and the State Department. We’ve brought attention to political prisoners not only in Russia and Belarus but also in Myanmar and Egypt and, unfortunately, in several of the OSCE countries there are political prisoners as well…Conditions all around the world are getting worse…and Russia is the worst.” See his entire remarks here.

  • Co-Chairman Cohen Deplores Arrest of Former Yekaterinburg Mayor Yevgeniy Roizman

    WASHINGTON—Following the arrest of the Kremlin critic and former Yekaterinburg mayor Yevgeniy Roizman, Helsinki Commission Co-Chairman and OSCE PA Special Representative on Political Prisoners Rep. Steve Cohen (TN-09) issued the following statement: “The arrest and prosecution of Yevgeniy Roizman is another milestone in the Kremlin’s descent into a full-blown dictatorship. “Putin’s brutal war against Ukraine is what dishonors the Russian military. Mr. Roizman simply has reminded his fellow citizens of that truth. “As Mr. Roizman noted in a recent interview covered by the New York Times, ‘the worst thing is when you suddenly see that there is a lot of evil, that evil is winning, that evil is being supported. Evil can only win when it joins together with a lie.’ “Mr. Roizman also served as the mayor of Yekaterinburg, the same city where Brittney Griner played since 2014. “The Russian government should drop all the charges against Mr. Roizman and not put any restrictions on his work and activism, and I continue to call for the immediate release of other political prisoners including Vladimir Kara-Murza, Alexey Navalny, and Ilya Yashin, as well as Brittney Griner, Paul Whelan, Marc Fogel, and other journalists, dissidents, and wrongfully detained individuals in Russia.”  

  • NATO Refocused, Europe Reinforced

    By Jessika Nebrat, Max Kampelman Fellow​ Following the escalation of Russia’s war against Ukraine, the North Atlantic Treaty Organization (NATO) is playing a role it has not filled in years. Forced to reconcentrate its attention to Europe’s defense, NATO allies are demonstrating persistent resolve in countering Moscow’s expansionist tendencies. In doing so, NATO returns to a core facet of its founding mission: the defense against Moscow’s militarism. While NATO represents just one facet of the Euro-Atlantic security infrastructure, it is perhaps the most robust organization bound by formal agreements, dedicated to peacekeeping, and capable of enforcement. Its mission to “guarantee the freedom and security of its members through political and military means” echoes the first dimension principles outlined by the Helsinki Final Act, and aligns NATO with the Organization for Security and Cooperation in Europe and the U.S. Helsinki Commission. In supporting each other’s work, these institutions mutually reinforce their shared values and bolster European security. History of NATO In the aftermath of the second World War, the United States, Canada, and several Western European nations sought to boost European economic reconstruction and protect themselves from Soviet domination. The 1947 Treaty of Dunkirk predated NATO in promoting Atlantic alliance and mutual assistance between France and the United Kingdom. The agreement was expanded in March 1948 as the Treaty of Brussels to engage Belgium, Luxembourg, and the Netherlands in military, economic, social, and cultural cooperation. In the same month, the United States hosted talks intended to unite both North American and Western European allies; as a result, NATO was officially signed into existence on April 4, 1949. The 12 founding member nations derived their legitimacy from United Nations (UN) Charter Article 51, which affirmed the right to collective defense. The foundational NATO Treaty mentioned collective defense only after declaring the parties’ commitments to finding peaceful resolutions of disputes, upholding UN principles, strengthening free institutions, and promoting economic collaboration. The Alliance formally defined its principal objectives to deter Soviet expansionism, oppose nationalist militarism on the continent, and bolster European political integration. Though it sought to deter military aggression, NATO’s original treaty did not provide any means of enforcing the agreed-upon principles. It was not until after the USSR’s 1949 detonation of an atomic bomb and the 1950 start of the Korean War that NATO approved a military command structure. In response, the Soviet Union established the Warsaw Pact in 1955. Though neither of the two ideologically opposed organizations used force during the Cold War, they engaged in an arms race that persisted until the Soviet Union dissolved in 1991. NATO after the Cold War Once NATO no longer had to defend against Soviet expansionism, the Alliance broadened the scope of its peacekeeping and security enforcement missions. In the 1990s, NATO forces were deployed: to Turkey during the Gulf Crisis; upon request to Russia and other Commonwealth of Independent States nations as part of a humanitarian mission after the fall of the USSR; to enforce a UN arms embargo and no-fly zone over former Yugoslavia; and in the Central Mediterranean during a period of tension with Libya. In the 21st century, NATO forces were also deployed during: the Second Gulf War; to the US and Afghanistan in the aftermath of the September 11, 2001 terrorist attacks, the only Article 5 invocation in NATO history; to mitigate rising ethnic tensions in North Macedonia; to counter terrorist activity in the Mediterranean; as counter-piracy escorts to UN World Food Programme ships transiting the Gulf of Aden; to train Iraqi security forces; to enforce a no-fly zone after the popular uprising in Libya; for peacekeeping in Sudan; and to provide disaster relief throughout Europe, the Middle East, and in the United States. NATO currently maintains active operations in Kosovo, the Mediterranean, Iraq, and throughout the African Union; it recently ramped up air policing as part of a peace-keeping response to the Russian Federation’s illegal annexation of Crimea in 2014, and the escalation against Ukraine this past February. Kremlin Narrative against NATO Over the years, Moscow has repeatedly resisted NATO enlargement – especially for countries it claims within its sphere of influence. Putin asserts that during a 1990 summit between President George H. W. Bush and President Gorbachev, the United States promised no further expansion of NATO; civil servants present at that meeting have refuted this claim, as has Mr. Gorbachev himself. In his conversation with Bush, Gorbachev repeatedly affirmed that nations have the right to make their own alliances. Though internal U.S. analyses of the 1990s suggested that expansion eastward may not be politically expedient, such positions never became official policy. The United States has remained resolute in its recognition of sovereign choice, and expansion has been driven by requests from former Soviet and Warsaw Pact states wary of Russian revanchism. The Kremlin has deployed an opposing narrative to justify Russian military engagements in Georgia in the early 2000s, and more recently in Ukraine. Putin sees the inclusion of either nation in NATO, and the political and economic liberalization that go with it, as threats to his regime’s stability. NATO membership would limit Russian interference in the internal affairs of either state. Additionally, if Russia’s neighbors and fellow post-Soviet states can become true democracies, provide higher quality of living, and ensure the rule of law, then why can’t Putin’s Russia? Any argument that NATO expansion threatens Russia misrepresents the organization, which is a diverse coalition dedicated to mutual defense and development. Moreover, such an assertion overlooks the efforts NATO has made to include and collaborate with Russia in the pursuit of cooperative security. NATO Back to its Roots By illegally and brutally invading Ukraine in February 2022 – a dramatic escalation of the grinding conflict started in 2014 – Putin has galvanized European and Western unity. Hearkening to its origins and returning attention to Eastern Europe, NATO is recommitting itself to “counter Russia’s attempts to destroy the foundations of international security and stability.” The international community is largely on board. In its collective attention beyond security, NATO – alongside other organizations – highlights not only the potential for, but the responsibility of the international community to condemn human rights violations, uphold the rule of law, and pursue economic health, all efforts that further challenge the Kremlin’s narrative that it can lead (or that there even needs to exist) an opposing bloc. Alarmed by Moscow’s renewed expansionism, Sweden and Finland have abandoned decades of neutrality in favor of NATO membership. They are on track towards the fastest accession process in history, and anticipate a smooth integration. Both already engage in the wider European community through membership in such organizations as the European Union and the Organization for Security and Cooperation in Europe. Their force structures are robust, and well-versed in NATO procedures following decades of partnership; their accession will secure northeast Europe, expand NATO’s border with Russia, and reinforce NATO presence in the Arctic and Baltic Sea. Although the Kremlin initially vowed “military and political repercussions” were Finland and Sweden to join NATO, such threats have dulled to warnings about the installation of NATO military infrastructure nearer Russia’s borders; as Finland and Sweden’s NATO membership neared finalization, Putin even expressed “no problem” with these states joining the Alliance. It remains to be seen how this change will play out. After decades of orientation towards international stabilization, humanitarian, and counterinsurgency mission sets, NATO has been refocused on European deterrence and defense following the Kremlin’s violent assault on Ukraine. In addition to condemning Russia’s invasion and supporting Ukraine via such measures as the Comprehensive Assistance Package, NATO plays a critical role in championing European collective defense and discouraging any expansion of conflict.    

  • Co-Chairman Cohen Calls for the Release of Political Prisoners in Belarus

    Washington – On the second anniversary of the sham presidential election in Belarus, the Helsinki Commission Co-Chairman and OSCE PA Special Representative on Political Prisoners Rep. Steve Cohen (TN-09) issued the following statement: “Two years ago today, Belarus’s autocrat Aleksander Lukashenko put up a show of an election that he had hoped would legitimize his unconstitutional power grab. Despite the many and well-documented cases of election abuse, the people of Belarus did not fall for the tricks of the one-man ruler of Belarus. They voted Lukashenko out, but, predictably, he refused to leave. He ignored the will of the people and chose vicious violence to suppress the peaceful dissent. “In the year following the unprecedented in scale peaceful rallies against the 2020 election results, Lukashenko’s troops arrested, tortured and imprisoned a reported 35,000 Belarusians for the simple act of demanding the government respect their choice and rights. He personally presided over the largest ever domestic repression that saw thousands behind bars and tens of thousands flee the country, including the opposition leader and likely legitimate winner absent election fraud, Sviatlana Tsikhanouskaya, who has been welcomed by neighboring countries. “Since that time, Lukashenko has continued a crackdown on civic participation in Belarus with arrests of civilians protesting the Russian war in Ukraine, changes to Belarus’s non-nuclear status, and the ongoing Lukashenko regime during last year’s March 25th anniversary of Belarus’s ‘Freedom Day,’ adding to the already sizeable number of politically motivated detainments in the country. “There are now close to 1200 individuals languishing in Belarusian prisons for speaking out against authoritarianism, corruption and war. Included among the political prisoners are: Syarhey Tsikhanouski, husband of Sviatlana Tsikhanouskaya and potential candidate against Lukashenko detained in May 2020; Roman Protasevich, journalist and opposition figure accused of inciting mass protests and detained after a false bomb threat forced the landing of Ryanair flight FR4978 destined for Lithuania in Belarus in May 2021; Sofia Sapega, Russian citizen and girlfriend of Protasevich who also was aboard Ryanair flight FR4978; Radio Free Europe/Radio Liberty Belarus Service journalists Ihar Losik, Andrey Kuznechyk and Aleh Kruzdzilovic; and Ales Bialiatski, founder of Viasna Human Rights Centre, a human rights organization based in Minsk that provides financial and legal support to political prisoners. These are but a few names representing political candidates, oppositionists, activists, journalists and other Belarusian and non-Belarusian citizens detained by Lukashenko’s regime. “Lukashenko must immediately order the release of all political prisoners and wrongfully detained individuals and stop the systematic violations of human rights.  I call on the U.S. Department of State and our allies abroad to work together during this time of heightened tension with Belarus and Belarus’s benefactor, Russia, to ensure the unjustly imprisoned Belarusians are released at the earliest date possible.”

  • CO-CHAIRMAN COHEN CALLS FOR THE RELEASE OF ALAA ABD EL-FATTAH

    WASHINGTON— Concerning Alaa Abd el-Fattah’s imprisonment, Helsinki Commission Co-Chairman and OSCE Parliamentary Assembly Special Representative on Political Prisoners Rep. Steve Cohen (TN-09) released a letter calling for Secretary Blinken to prioritize “the swift release of Mr. Abd el-Fattah”. The letter read in part: “In 2011, the people of Egypt achieved something remarkable – they ousted a corrupt regime and brought about a change in government through largely peaceful protests. Alaa Abd el-Fattah was one of the leaders of the movement that advocated this change. Through his writings and public appearances, he provided an intellectual backbone for the disparate groups that shared in the vision for a more democratic Egypt. “Tragically for him, this very purpose led to his arrest and conviction. Mr. Abd el-Fattah was arrested, then released to only be arrested again. He has been in prison for eight years now. His family reports they have irregular contact with him, and his physical condition has reportedly deteriorated.” “Mr. Abd el-Fattah is one of the many political prisoners in Egypt; yet his release would bring hope to them all. As the Organization for Security and Cooperation in Europe’s Special Representative for Political Prisoners – an organization to which Egypt is a Mediterranean Partner for Co-operation – I request that your department include among its immediate priorities in Egypt the swift release of Mr. Abd el-Fattah, and in the interim, urgently impress upon the Egyptian government the expectation of more humane conditions during his incarceration, including exercise time, freedom of movement outside of his cell, and reinstatement of half hour – if not longer – visits by his son and others.” “Alaa is not a danger to the Egyptian government and his only fault is being a true patriot of his country.”

  • Helsinki Commission Digital Digest July 2022

  • Co-Chairman Cohen Condemns Execution of Democracy Activists in Myanmar

    WASHINGTON—Following the execution of four democracy activists by Myanmar’s military junta, Helsinki Commission Co-Chairman and OSCE Parliamentary Assembly Special Representative on Political Prisoners Rep. Steve Cohen (TN-09) issued the following statement: “I strongly condemn the execution of these courageous activists by Myanmar’s unelected and illegitimate regime. These men—Kyaw Min Yu, Phyo Zeya Thaw, Hla Myo Aung, and Aung Thura Zaw—were political prisoners who were deprived of their right to due process and a chance to defend themselves. The junta sentenced them to death in secret trials, once again demonstrating the complete lack of respect for human life and common decency as well as a total disregard for rules-based order by which countries should abide. “The regime has jailed thousands, including the Nobel Peace laureate and State Counsellor Aung San Suu Kyi, after seizing power in a coup in February 2021. Following a series of closed-door hearings and a string of trumped-up charges and convictions each carrying additional sentencing, she was sentenced to a total of 11 years in prison as of April 2022.  In an obvious attempt to ensure she is jailed for life, she still faces added bogus charges that could see her imprisoned for more than 190 years by some reports. This is appalling and concerning as the recent executions confirm that the junta will not hesitate to murder political prisoners to further strengthen their rule of terror. “The world should unite to pressure Myanmar to release all political prisoners. At least 117 activists have been sentenced to death since the coup. We must do everything in our power to ensure that they do not face the grim fate of their four compatriots.”

  • Co-Chairman Cohen Deplores Arrest of Ilya Yashin in Russia

    WASHINGTON—In response to the arrest of Ilya Yashin, a Russian politician critical of Russia’s war in Ukraine, the Helsinki Commission Co-Chairman and OSCE PA Special Representative on Political Prisoners Rep. Steve Cohen (TN-09) issued the following statement: “Putin’s government has been engaged in a systematic assault on Russian citizens who dare speak the truth about Russia’s atrocities in Ukraine. Ilya Yashin, a Russian patriot and a fierce critic of the war in Ukraine, is one of the victims of this regime. “Ilya spoke out against the war despite the cynical law Russia has adopted that punishes people speaking the truth on this conflict with up to 15 years in prison. He was arrested on trumped-up charges and is facing a lengthy jail term for no crime other than publicly speaking out against Russia’s war in Ukraine. Ilya is a political prisoner and should be given all protections afforded by this status. The Russian government has a complete disregard for international law and customs but if they have an ounce of respect for their own laws, they will immediately release Ilya and other political prisoners.” Ilya Yashin, a co-founder of the Solidarity movement, is a member of a Moscow city district council. Throughout his career, he advocated for fair elections, rule of law, and democracy in Russia. Prior to his arrest, Mr. Yashin was one of the few Russian opposition activists who had not been killed, forced to flee, or imprisoned.

  • Wicker Stands in Solidarity With Russian Dissident

      WASHINGTON – Mr. President, I rise this afternoon to make sure that the plight of Russian leader Vladimir Kara-Murza is not forgotten. That the outrageous imprisonment of Vladimir Kara-Murza by the Russian dictator Vladimir Putin is not forgotten. We remember three decades ago what hope we had for a new Russia. Russia entered a new age of possibility some three decades ago, after more than 70 years of communist repression, the Soviet order had collapsed, and with it the Iron Curtain that kept freedom away from millions was torn down. As the red flags came down in Moscow, the free world watched with anticipation, hoping that democracy and the rule of law might finally take root in a free Russia. Regrettably, that has not happened. Instead of democracy and freedom, the Russian people got Vladimir Putin, a man who has used his office to murder, imprison, and force into exile anyone who threatens his grip on power -- all the while, enriching himself beyond anyone's wildest imagination while ordinary Russians, especially out in the countryside of Russia, live in squalid conditions. One of his latest victims is Vladimir Kara-Murza, a Russian patriot and a friend I had the privilege of hosting in my office just four months ago. As a matter of fact, I have hosted him several times. Today, Vladimir Kara-Murza spends his days in a prison cell, where the only thing you can see through the window is a barbed wire fence. What was his crime? He simply spoke the truth about Putin's war on Ukraine. His trial, if it can even be called a trial, was held in secret. No journalists, no diplomats or spectators of any kind were allowed to be there. And for his offense of talking about the Russian war against Ukraine, he now faces up to 15 years in prison. This is not the first time the Russian dictator has tried to silence him. Mr. Kara-Murza has been poisoned twice, in 2015 and 2017, and almost died in both cases. Since then, his wife and three children have had to live abroad, though he himself has chosen to spend most of his time in Russia. In a recent interview with National Review, his wife, Evgenia explained why he insists on working in Russia: “He believes that he would not have the moral right to call on people to fight if he were not sharing the same risks.” Or as Mr. Kara-Murza put it in a recent CNN interview the day of his arrest. He said, “The biggest gift we could give the Kremlin would be to just give up and run. That's all they want from us.” What a contrast in character to the man currently running the Kremlin. The National Review's story goes on to describe Mr. Kara-Murza's courageous work for democracy through the eyes of his wife of Evgenia, as well as the costs that he and his family have endured along with so many other Russian dissidents. And, Mr. President, I ask unanimous consent at this point to insert the National Review story that I referred to into the record. Mr. Kara-Murza’s imprisonment is part of Mr. Putin's larger assault on what remains of political freedom in Russia. In Mr. Kara-Murza’s words, Putin's regime has gone, “from highly authoritarian to near totalitarian almost overnight.” In March, Russian officials passed a new censorship law, forbidding all criticism of Mr. Putin's war in Ukraine. That law has been the basis for more than 16,000 arrests since the war began in February, including that of Mr. Kara-Murza. Another 2,400 Russians have been charged with administrative offenses for speaking out against the war. Meanwhile, Putin's propaganda machine is ramping up. Independent Russian media outlets have all but vanished, having been blocked, shut down, or forced out of the country by the Kremlin. The last embers of freedom in Russia are going cold. Putin's crackdown on domestic freedom began in 2003, when Mikhail Khodorkovsky was arrested on trumped up charges of tax fraud after he simply criticized the government. A former member of the elite, Mr. Khodorkovsky, had successfully led the Yukos Oil Company through privatization after the Iron Curtain fell. And contrary to the Kremlin's claims, the company consistently paid its taxes. But that didn't stop Vladimir Putin from plundering its assets, throwing Mr. Khodorkovsky in jail, where he stayed for ten years. I would note that just before his arrest, Mr. Khodorkovsky displayed the same courage and patriotism that we now see in Vladimir Kara-Murza. Like Mr. Kara-Murza, he knew very well he could go to jail for speaking out against the government. But Mr. Khodorkovsky did so anyway and refused to flee the country, saying, “I would prefer to be a political prisoner rather than a political immigrant.” Of course, by then, Mr. Putin had already shown himself willing to violate the international laws of war, having leveled the Chechen capital of Grozny in his own Republic of Russia in 1999. In 2008, he launched a new assault on international law with the invasion of Georgia. In 2014 he started a bloody war in eastern Ukraine, and in 2016, Soviet Russian dictator Putin and his forces attacked the Syrian city of Aleppo, killing hundreds of civilians and prolonging the rule of Bashar al-Assad. Meanwhile, Putin ramped up his attacks on domestic freedom as well. In 2015 Boris Nemtsov, leader of the democratic opposition, former deputy prime minister of Russia, was shot to death in broad daylight just yards away from the Kremlin. Three months later, Mr. Kara-Murza was poisoned for the first time. More recently, in 2020, Alexei Navalny, the current leader of the opposition, was himself poisoned and had to seek treatment in Berlin. This is Vladimir Putin's Russia today. When Navalny recovered, he chose to return to Moscow, knowing the risks, and immediately upon landing, he was arrested. This is the deplorable state of Russia and freedom under Vladimir Putin. Time and again, he has shown that he is bent on stamping out the aspirations of his people for freedom and the rule of law. As leader of the free world, America must continue to condemn Putin's lawless acts and stand in solidarity with our Russian friends, who are courageously fighting against all odds for a better future in Russia -- and are suffering as a result. These are modern day heroes: Alexei Navalny, Vladimir Kara-Murza, and we should not forget them. My friend, the distinguished senior senator from Maryland, Senator Cardin and I, along with Congressman Steve Cohen and Joe Wilson, are the four House and Senate leaders of the Helsinki Commission, which monitors human rights and former Soviet countries. We recently sent a joint letter to President Biden calling on the administration to name and sanction all of those who have been involved in the arrest, detention and persecution of Vladimir Kara-Murza. I issue that call again today, and I invite my colleagues from both parties to stand with Vladimir Kara-Murza and work for his release. Thank you, Mr. President. I yield the floor.  

  • Helsinki Commission Urges Administration to Work to Free Vladimir Kara-Murza

    WASHINGTON—Helsinki Commission Chairman Sen. Ben Cardin (MD), Co-Chairman Rep. Steve Cohen (TN-09), Ranking Member Sen. Roger Wicker (MS), and Ranking Member Rep. Joe Wilson (SC-02) today released a letter urging the Biden Administration to “use every instrument in our toolbox” to free Russian political prisoner Vladimir Kara-Murza. The letter read in part: “The United States has a proud history of standing up for political prisoners and working relentlessly to help them return to freedom. We stared down the Soviet Union, Communist China, military regimes in Latin America and South-East Asia, and succeeded in helping secure the release of those who deserved freedom the most – innocent and peaceful activists and freedom fighters representing a vision for better governments in those countries. Mr. Kara-Murza represents a hope for a democratic Russia at peace with its neighbors and own citizens, and now is someone who the U.S. should advocate for his release… “The Helsinki Commission continues to raise the issue of political prisoners in Russia, Belarus, and other countries across the OSCE region, and specifically Vladimir Kara-Murza’s case…Now, we call on your Administration to use every instrument in our toolbox to secure the release of Mr. Kara-Murza. This is in the interest of our national security, his well-being, and importantly, the well-being of his incredibly brave children and spouse. Mrs. Kara-Murza and their three children reside in the U.S and despite the distance, the Kremlin has been poisoning – literally and figuratively – their lives for decades now. We should do everything in our power to help free Vladimir Kara-Murza and reunite him with his family.” On April 12, Vladimir Kara-Murza was arrested in Russia on charges of disobeying police orders when he allegedly “changed the trajectory of his movement” upon seeing Russian police officers at his home. This carried a 15-day sentence in jail. With five days remaining in his sentence, new charges were levied against him for spreading “deliberately false information” about Russia’s war on Ukraine.  He now faces up to 15 years in prison. On March 29, he testified at a Helsinki Commission hearing examining Russian dictator Vladimir Putin’s war on truth, where witnesses discussed the Kremlin’s use of propaganda and censorship. “Those who speak out against this war are now liable for criminal prosecution,” he said. The Helsinki Commission has a long tradition of advocating on behalf of political prisoners worldwide. Earlier this month, Co-Chairman Cohen was appointed the first-ever OSCE Parliamentary Assembly Special Representative on Political Prisoners.

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