Title

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The State of Human Rights in Turkey: An Update
Friday, July 01, 1988

Since September 12, 1980, many governments, international bodies and nongovernmental organizations have taken an extreme­ly active interest in the human rights situation in Turkey. That date marked the third time in as many decades that the Turkish military had taken power, this time in the wake of governmental paralysis, political polarization, and an uncontrolled wave of vio­lence and terrorism which even civilian-imposed martial law could not stem.

Still in power in 1982, the ruling generals had made it clear that power would not be returned to civilian hands until, in their view, the causes of the previous unrest had been eliminated. Political activities remained restricted, and large numbers of Turkish citizens were in prison awaiting trial on a variety of politically related charges. Allegations of serious human rights abuses were wide­spread.

The Commission had been urged by nongovernmental organiza­tions, by Members of Congress, and by parliamentarians in other NATO countries, to investigate the charges of abuse. A staff delegation visited Turkey from August 22-29, 1982, and its report repre­sented one of the first open expressions of concern about the Turkish situation by official representatives of the United States.

Since the October 1982 report, the Commission, Members of Con­gress, various international bodies, and a variety of private organi­zations have followed events there with great interest. In the past six years, certain sanctions have been applied by the international community, and have been rescinded as progress was made in im­ proving the human rights situation. In light of its ongoing interest m Turkey, and the concern which private organizations continue to express, the Commission felt it appropriate to visit Turkey again and to assess the situation once more.

The Commission believes that, since the previous staff report, Turkey has made impressive strides toward a full restoration of human rights and the democratic process. The past six years have seen a renewal of the national commitment to achieving democrat­ic ideals for all Turkish citizens and patterns of tolerance have emerged. They are being strengthened by institutional reform, a citizenry largely committed to the democratic process, and by the activities of the press and various private organizations.

The Commission also believes that certain human rights prob­lems, which often predate the 1980 military takeover, persist in Turkey. The report describes them and certain measures which are being undertaken in order to deal with them.

This report by the staff, describing developments since the 1982 report and assessing the current state of affairs, is a product of the Commission's continuing interest in Turkey's progress toward full democratization. The hard-won national independence of 1923 en­ compassed a vision of the future which incorporated a proud histor­ical heritage in a Western framework. The profound changes that followed required great national will and commitment. It is the Commission's hope that the momentum of Turkish human rights improvements will be sustained. Turkey is a geographical and cul­tural bridge between Europe and the Middle East, and the Turkish experience may serve as a lesson for both worlds.

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Like their counterpart in St Moritz, Swiss bankers the FT interviewed for this story all declined to be identified. Many more refused to speak at all. Switzerland’s banking secrecy laws are draconian — talking about clients can earn a lengthy jail term — and talking about Russian clients is even more taboo. “When we were onboarding a lot of these clients [in the 2000s], the entire approach was just very different. And you can’t really say that publicly now,” says one former banker who handled eastern European and Russian clients until retiring two years ago. “These [Russians] were people who had earned so much money, so quickly, that they didn’t know what to do with it. They were basically ideal clients. As long as you had no questions about where that money had come from . . . and, basically, we didn’t.” Quite how much Russian money there is in Switzerland is open to question. In March, the industry body representing Switzerland’s banks, the Swiss Bankers Association (SBA), caused a stir when it released details of a study estimating there was SFr150bn-SFr200bn ($154bn-$205bn) held in accounts for Russian citizens. At the end of last year, the total cash held on behalf of customers by Switzerland’s banks was SFr7,879bn, more half of which was wealth from abroad, according to the SBA. The disclosure prompted hand-wringing in the Swiss media. Commentators, even at conservative outlets such as the newspaper Neue Zürcher Zeitung, asked whether Switzerland should do business with autocratic regimes anywhere in the world any more. But others in the country have defended its economic relationships with Russia. The outspoken finance director of the canton of Zug, an important low-tax centre, said in March it was not his job to “act like a detective” and make judgments on Russian assets. 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Meanwhile, UBS, the world’s largest private wealth manager, has disclosed it has $22bn of assets of “Russian persons not entitled to residency in the European Economic Area or Switzerland”, leaving open the question of how much it holds overall. Some 16,500 Russians are permanently resident in Switzerland, and more Russians are accepted for Swiss citizenship than any other nationality, according to the State Secretariat for Migration. Julius Baer has made no direct disclosure of the size or wealth of its Russian client base, though it has said, somewhat elliptically, that the value of assets held by its Moscow-based subsidiary is some SFr400mn. Information from the dozens of other smaller Swiss private banks is even scantier. Even leading industry figures wonder what is being left unsaid. One executive, who for the past two decades has been a senior figure in the private banking world in Switzerland, says he has almost no doubt that the significance of many banks’ close working relationships with sanctioned individuals is being underplayed. “You don’t have dozens and dozens of people employed on your Russia desks if you are not making money in Russia,” he says. Moreover, he adds, many Russian clients have done their business through Swiss banks’ subsidiaries abroad, such as those in Monaco, London or Asia. It is not clear to him whether all these assets have been caught by the Swiss rules. Swiss banks have a legal obligation to record the ultimate beneficial owners of all assets they handle worldwide, but doing so accurately can be tricky in jurisdictions where it is easy for third parties to mask who the owners are. 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Even as sanctions came in, he says, the dominant approach was to ask, “how can we make this work for the client?” rather than “how do we do this for the government?”. But he defends the approach, saying: “Doing everything you can for your client is a Swiss commitment to excellence. If I was a watchmaker I would want to make the best watches with many complications. And if I was a policeman, then maybe I would want to be the best at catching Russian criminals. But I’m a banker.” There is still legal ambiguity in Switzerland over whether sanctions apply to family members and friends of listed individuals. This has provided a loophole bankers have helped at-risk clients to actively exploit in recent years. Swiss banks have seen “billions” of assets transferred to the names of spouses and children of Russian clients, in a trend that accelerated in the run-up to the war, says one banker. 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Swiss residency did not protect billionaire Viktor Vekselberg in 2018, for example, when he was targeted by US sanctions; both Credit Suisse and UBS moved to terminate loans with him. The SBA says its members adhere to the highest international standards. Chief executive Jörg Gasser, argues Swiss banks have “no interest in funds of dubious origin” and have rigorous procedures in place to rapidly screen for sanctioned assets. “Swiss banks have been — and still are — very careful and diligent when it comes to accepting client funds,” he says, adding it is important to recognise the huge amount of legitimate business done with Russian entrepreneurs who are not subject to sanctions. For Mark Pieth, emeritus professor of criminal law at the University of Basel and a specialist in white-collar crime, the real story of the past decade is how Switzerland’s lawyers, rather than its bankers, have become the facilitators of hidden foreign money. “Swiss bankers were extremely cosy with Russians in the past,” he says. “Alongside London, this country was the porch for Russians into the west . . . but now I wouldn’t say the problem is so much with the banks — it is all the other intermediaries.” Swiss law gives remarkable sweep to attorney-client privilege, says Pieth, meaning lawyers can refuse to disclose almost anything to the authorities about their clients. The Swiss Bar Association strongly rejects this. “Professional secrecy does not protect against criminal acts,” it says. “Lawyers know the law and know what to do.” One senior industry figure defends the banks’ position unapologetically. He says everybody now wants to know the origins of their luxury jackets. But 10 years ago nobody was asking where they were made, by whom and with what materials. In banking, as in fashion, things have changed, he says, but nobody is haranguing the fashion world in the same way they are criticising banks. Fashion companies, though, have moved with the times and opened up, whereas Switzerland’s banks, for all their insistence on change and compliance, still want to maintain as much of the secrecy surrounding their clients as possible — even at a time of international crisis.  

  • Why I’m Sad to Be on Russia’s All-Purpose Payback List

    Reading Russia’s latest sanctions list, permanently banning travel to the country by 963 people, saddened me — and not just because my name is on it. It’s a catalogue of hurt from a nation that seems ready to blame everybody but its leaders for its current troubles. The list is very long indeed, running to nearly 100 pages in my printout. Reading so many names, you sense that Russia is deliberately burning nearly all its bridges to the United States. Russia’s ruling elite feels abused by American politicians, business leaders, journalists, judges, think tanks — nearly everyone, it seems. Donald Trump can still visit Moscow, but scores of Republican members of Congress can’t. The list of excluded GOP senators ranges from moderates such as Roy Blunt of Missouri and Mitt Romney of Utah to hard-right stalwarts Ron Johnson of Wisconsin and Tom Cotton of Arkansas. The GOP doesn’t fare much better in the House. Moderates Liz Cheney of Wyoming and Mike Gallagher of Wisconsin can’t tour the Kremlin anymore, but neither can Jim Jordan of Ohio or Marjorie Taylor Greene of Georgia. As for Democrats, forget about it. The sanctions list includes the Democratic House leadership, including Speaker Nancy Pelosi of California, Majority Leader Steny H. Hoyer of Maryland and Democratic Whip James E. Clyburn of South Carolina. The Congressional Progressive Caucus can save its rubles, too. The members of “the Squad” are all banned. So are Pramila Jayapal of Washington state and Ro Khanna of California. It’s the same on the Senate side. Majority Leader Charles E. Schumer of New York and Whip Richard J. Durbin of Illinois: Nyet, nyet.

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  • Swiss Release Some Frozen Russian Assets

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  • Helsinki Commission Calls on Russia to Release 'True Patriot' Kara-Murza

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  • Co-Chairman Cohen Leads Bipartisan Congressional Delegation to Defend Democracy and Ukrainian Sovereignty at OSCE PA Winter Meeting

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) last week led a bipartisan Congressional delegation to the Winter Meeting of the OSCE Parliamentary Assembly (PA) in Vienna, Austria, which focused almost exclusively on responding to the full-scale Russian assault on Ukraine.  A sizable and active U.S. presence at the hybrid event helped generate nearly united condemnation of the Kremlin attack and provided assurance of the U.S. commitment to European security during a time of great uncertainty. “Our bipartisan delegation actively and adamantly defended Ukraine’s rights as a sovereign nation in the face of unchecked Russian aggression,” said Co-Chairman Cohen. “The European security architecture that has supported peace and prosperity on the continent and around the world for decades must not be allowed to crumble at the whim of a dictator with grandiose aspirations of returning to some imagined past glory. It is long past time that democratic nations—including all other OSCE participating States—unite to firmly put Putin back where he belongs: isolated and outside the bounds of international society.” Other members of Congress traveling to Vienna included Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02), Commissioners Rep. Robert Aderholt (AL-04), Rep. Richard Hudson (NC-08), and Rep. Marc Veasey (TX-33), as well as Rep. Sheila Jackson Lee (TX-18). Remote participants in the Winter Meeting included Ranking Member Sen. Roger Wicker (MS) and Rep. Chris Smith (NJ-04). Although the meeting included a wide range of OSCE issues of concern, Russia’s brazen invasion of Ukraine dominated all discussion.  “Fundamental underpinnings of our security order, including commitments to respect other countries’ territorial integrity, sovereignty, and choices of security alliances, are at this moment being breached, flagrantly and deliberately, by one of our participating States, which is—as we speak—conducting an unprovoked invasion of another participating State,” said Rep. Hudson, who chairs the OSCE PA General Committee on Political Affairs and Security. “If Vladimir Putin succeeds in Ukraine, he will not stop there—just as he did not stop with Transnistria, Abkhazia, South Ossetia, Crimea, and the Donbass. How can any of us realistically believe he will stop with Ukraine?” asked Sen. Wicker, who serves as a vice-president of the OSCE PA. “According to Putin’s twisted rationale, every former republic of the USSR is at risk. NATO is at risk. Every member of the peace-loving international community is at risk of being swept up into this conflict.” Members of the U.S. delegation directly challenged the egregious assertions of the few Russian delegates who attempted to justify their country’s naked aggression. Other issues raised by the U.S. delegation included human rights violations within Russia, as well as in Belarus and in areas of Ukraine under illegal occupation; ongoing concerns regarding human trafficking; and the assault on free media throughout the OSCE region.  Ahead of the Winter Meeting, members of the in-person delegation traveled to Lithuania to underscore U.S. support for a crucial NATO Ally at a time of deep concern caused by Russian aggression. In Vilnius, they met with Lithuanian President Gitanas Nauseda, Prime Minister Ingrida Simonyte, Foreign Minister Gabrielius Landsbergis, and senior members of the Lithuanian Parliament (Seimas) to discuss the Russian assault on Ukraine, the deterioration of regional security, and Lithuania’s values-based foreign policy, including relations with China. The delegation also visited the Pabrade Training Area for briefings on U.S. and Allied military activities conducted in the region, and met with Belarusians and Russians who have fled to Lithuania to avoid persecution, including Sviatlana Tsikhanouskaya and other opposition leaders, members of the business community, civil society organizations, and the media.

  • Ahead of OSCE PA Winter Meeting, Co-Chairman Cohen Reiterates Support for Ukrainian Sovereignty

    WASHINGTON—Helsinki Commission Co-Chairman Rep. Steve Cohen (TN-09) today issued the following statement: “Over the upcoming Congressional recess, I am proud to be leading a bipartisan, bicameral delegation to the Winter Meeting of the OSCE Parliamentary Assembly. In today’s climate of global uncertainty, engagement between foreign officials and members of Congress offers reassurance to U.S. allies about the commitment of the United States to peace, security, and prosperity in Europe and beyond. “Our delegation also will take the opportunity to visit other NATO Allies to consult with government officials in light of the unprecedented number of Russian forces deployed in and around Ukraine. While we originally planned to stop in Kyiv, the relocation of embassy staff necessitated the unfortunate cancellation of that portion of our itinerary. However, I would like to take this opportunity to reassure the Government of Ukraine of the steadfast support of Congress for Ukrainian sovereignty and territorial integrity in the face of Russian aggression. Rest assured we will bring up support for your nation’s security at the OSCE PA meetings.”

  • Conflict of Interest?

    Turkey is at a crossroads. Even as the Turkish Government insists that it remains committed to its NATO partners and to future EU integration, its actions—both foreign and domestic—call those promises into question. Turkey has been a steadfast supporter of Ukraine and Turkish officials have announced plans to normalize relations with Armenia and moved to restore ties with several Middle Eastern countries, including Egypt and Israel. At the same time, the government has reiterated its commitment to the use of Russian military equipment, eroding relations with the United States and other members of NATO. Despite being a founding member of the Organization for Security and Cooperation in Europe (OSCE), Turkey is struggling to live up to the principles of respect for fundamental freedoms outlined in the Helsinki Final Act.  A record number of Turkish journalists are behind bars. The failure of the Turkish government to comply with a ruling of the European Court for Human Rights on the case of Osman Kavala paved the way for the country’s potential expulsion from the Council of Europe, and thousands of others arrested following the attempted 2016 coup also languish in prison on dubious charges.  The briefing, held on February 16, 2022, investigated the intersection of Turkey’s OSCE and NATO commitments related to human rights and security, and its domestic policies that fail to hold true to these principles. Panelists also explored practical policy recommendations to help Turkey overcome this disconnect. During the briefing, attendees heard from Dr. Soner Cagaptay, Director of the Turkish Research Program at the Washington Institute for the Near East, and Deniz Yuksel, Turkey Advocacy Specialist with Amnesty International. The briefing was moderated by Helsinki Commission Senior Policy Advisor Bakhti Nishanov. Co-Chairman Rep. Steve Cohen (TN-09) opened the briefing by remarking on the importance of Turkey and his personal history with Turkey.  He also emphasized that human rights abuses in Turkey have long been a subject of concern, particularly those brought about by President Erdogan’s empire-building attempts. “We need to do what we can to see that the whole world is fair for citizens to express themselves, for press to express themselves, and for people to get information, without which we will not have independent democracies,” he said. Mr. Nishanov explained in opening remarks that Turkey’s position is complex and multi-faceted—while Turkey has been making efforts to normalize relationships with Armenia, Israel, and Egypt as well as bearing a large refugee burden, recent years have been challenging as Turkey experienced economic pain, inflation, and governance issues. Additionally, Turkey’s record of human rights abuses, anti-immigrant sentiments, and other obstacles cast a pall on recent progress, and bring into question the future of Turkey’s democratic development. Dr. Soner Cagaptay spoke about President Erdogan’s declining domestic popularity and the looming threat of economic hardship in Turkey. He also remarked on President Erdogan’s attempts to restore ties with Turkey’s Gulf neighbors, as well as with the United States and Europe. Dr. Cagaptay asserted that as tensions heightened between Russia and Ukraine, Turkey would adopt a neutral public-facing identity, but support Kyiv militarily. While Russia and Turkey are often compared, he pointed out that Turkey has measures of democracy that Russia does not. “The lesson of Turkey under Erdogan is that it takes a long time to kill [democracy]. Turkish democracy is resilient, it is not dead,” he said. Deniz Yuksel spoke to Turkey’s human rights crisis and the dangers opposition politicians, journalists, and citizens face. Reports of torture and detention are common, and those calling out such abuses face persecution themselves. She recommended that U.S. officials raise human rights concerns in every engagement with Turkey. She emphasized, “From the record-breaking imprisonment of journalists to the persecution of LGBTI people, an ongoing crisis of gender-based violence, and the unlawful deportation of refugees, the failures of Turkey’s judicial system cut across societal lines and undermine the human rights of all.” During the question-and-answer segment of the briefing, panelists addressed a range of questions including how specific ethnic minorities are treated in Turkey, how human rights abuses may affect Turkey’s relationship with the United States, and what challenges will arise alongside Turkey’s 2023 elections. Related Information Panelist Biographies Will Turkey Help Washington If Russia Invades Ukraine? | The Washington Institute Human Rights in Turkey | Amnesty International – USA: Turkey Regional Action Network  Turkey’s Careful and Risky Fence-Sitting between Ukraine and Russia | Foreign Policy Research Institute 

  • Helsinki Commission Briefing to Examine Intersection Between Foreign Policy and Human Rights in Turkey

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following online briefing: CONFLICT OF INTEREST? Foreign Policy and Human Rights in Turkey Wednesday, February 16, 2022 11:00 a.m. Register: https://bit.ly/3Je5Ck4 Turkey is at a crossroads. Even as the Turkish Government insists that it remains committed to its NATO partners and to future EU integration, its actions—both foreign and domestic—call those promises into question. Turkey has been a steadfast supporter of Ukraine and Turkish officials have announced plans to normalize relations with Armenia and moved to restore ties with several Middle Eastern countries, including Egypt and Israel. At the same time, the government has reiterated its commitment to the use of Russian military equipment, eroding relations with the United States and other members of NATO. Despite being a founding member of the Organization for Security and Cooperation in Europe (OSCE), Turkey is struggling to live up to the principles of respect for fundamental freedoms outlined in the Helsinki Final Act.  A record number of Turkish journalists are behind bars. The failure of the Turkish government to comply with a ruling of the European Court for Human Rights on the case of Osman Kavala paved the way for the country’s potential expulsion from the Council of Europe, and thousands of others arrested following the attempted 2016 coup also languish in prison on dubious charges.   The briefing will investigate the intersection of Turkey’s OSCE and NATO commitments related to human rights and security, and its domestic policies that fail to hold true to these principles. Panelists also will explore practical policy recommendations to help Turkey overcome this disconnect. The following panelists are scheduled to participate: Soner Cagaptay, Director, Turkish Research Program, Washington Institute for the Near East Deniz Yuksel, Turkey Advocacy Specialist, Amnesty International  

  • Helsinki Commission Mourns Death of Senator Bob Dole

    WASHINGTON—Following the death of Senator Bob Dole, 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: “Senator Dole, who served as the co-chairman of the Helsinki Commission from 1981 to 1985, will be remembered for his efforts to elevate the role of the Senate in the work of the Helsinki Commission and for his support for peace, security, democracy, and human rights for all. “As a participant in early meetings of the Helsinki diplomatic process, he helped develop a tradition of frank and direct exchanges of views between participating countries on human rights concerns, particularly the incarceration of Helsinki human right monitors in the Soviet Union and crackdowns on dissent in Eastern Europe. In the early 1990s, he worked closely with commission leadership advocating for a decisive international response, led by the United States, to the aggression and ethnic cleansing taking place in Bosnia and Herzegovina. After leaving the Senate, Senator Dole traveled to Kosovo in 1998 to document atrocities occurring there and subsequently testified about his findings at a Helsinki Commission hearing.  “We will always be grateful for Senator Dole’s enormous contribution to the Helsinki Commission and to its mission.”

  • Chairman Cardin Calls for Release of Osman Kavala, Welcomes Council of Europe Infringement Proceedings Against Turkey

    WASHINGTON—Following the recent ruling of a Turkish court that will keep philanthropist Osman Kavala jailed until his trial begins in January 2022 and the subsequent decision by the Council of Europe to begin infringement proceedings against Turkey, Helsinki Commission Chairman Sen. Ben Cardin (MD) issued the following statement: “Justice has been denied, once again, for Osman Kavala, whose only apparent crime is being a Turkish patriot. Despite earlier rulings from a Turkish court and the European Court of Human Rights requiring the state to release Mr. Kavala, Turkish authorities have already jailed him for more than four years—in clear violation of Turkey’s OSCE commitments. “The ongoing injustice against Mr. Kavala is not unique. Thousands of Turkish citizens have been victims of the arbitrary court system. It is welcome news that the Council of Europe will start infringement proceedings against Turkey. Although Turkey is an important NATO ally, its leaders repeatedly have failed to uphold its commitments to respect human rights and the rule of law. "I urge the Turkish government to comply with its international obligations and release Mr. Kavala.” Turkey’s failure to comply with the decision of the European Court of Human Rights, of which the country is a member, prompted the Council of Europe to start infringement proceedings. The process has been used only once before in more than seven decades of the organization’s history and may result in Turkey losing its voting rights or being excluded from the Council. Osman Kavala is a Turkish entrepreneur and philanthropist who has for decades supported civil society organizations in Turkey. In 1990, he contributed to the establishment of The Helsinki Citizens' Assembly, a democracy and human rights non-profit inspired by the Helsinki Final Act. In November 2017, Turkish authorities arrested Mr. Kavala, alleging that he attempted to overthrow the Turkish government. Mr. Kavala was acquitted of these charges in February 2020, only to remain in detention and be charged with a new offense in March 2020. The same month, the European Court of Human Rights ruled Mr. Kavala should be released from pre-trial detention.  Domestic and international human rights watchdogs consistently report that the charges against Mr. Kavala are unsubstantiated and politically motivated. Recently, ambassadors from ten Western countries, including the United States, advocated for his release. These demands were rejected by the Government of Turkey. Mr. Kavala is a recipient of the 2019 European Archaeological Heritage Prize and the Ayşenur Zarakolu Freedom of Thought and Expression Award from the Human Rights Association’s Istanbul branch.

  • Helsinki Commission Digital Digest November 2021

  • 30 Years After Ovcara

    By Robert Hand, Senior Policy Advisor On November 20, 1991, after the fall of the city of Vukovar in Croatia, militant Serb forces removed 265 ill and injured Croats from a hospital. They were taken to the nearby Ovčara farm southeast of Vukovar, where they were abused before being shot and killed, with their bodies dumped in a mass grave. In addition to wounded members of the Croatian armed forces were civilians, including some women and children.   The Helsinki Commission strongly supported the international effort to prosecute those responsible for war crimes, crimes against humanity, and genocide in the former Yugoslavia, including those most responsible for the crime at Ovčara, which took place early in a series of conflicts associated with Yugoslavia’s disintegration throughout the 1990s.  Many obstacles stood in the way, but after years of persistent effort justice prevailed. However, malicious acts supporting territorial aggression continue in the OSCE region and elsewhere. When remembering Ovčara, it is important to acknowledge the brave few in Serbia—civil society advocates, political activists, journalists, lawyers and judges, and everyday citizens—who consistently have refused to associate themselves with the terrible crimes committed in their name in the 1990s, and seek to this day not only justice but a needed acknowledgement of reality in the face of continued denial and revisionism. A wider acknowledgement led by those holding power today will mean a better future for Serbia and its neighbors tomorrow.

  • Authoritarian Abuse of INTERPOL

    Mr. WICKER. On November 23, the International Criminal Police Organization, better known as INTERPOL, will begin its annual General Assembly in Istanbul. INTERPOL is a vital global law enforcement network that helps police from different countries cooperate with each other to control crime. Unfortunately, it has also become a tool in the hands of despots and crooks who seek to punish dissidents and political opponents in an effort to turn other countries’ law enforcement against the rule of law. Rooting out this sort of abuse should be the top priority going in to the INTERPOL General Assembly. These abuses make a mockery of Interpol and are threatening its continued existence. INTERPOL's constitution cites the Universal Declaration of Human Rights as the basis for police cooperation. Importantly and significantly, Article 3 of that declaration forbids INTERPOL from engaging in any activities of a political, military, religious or racial character. All 194 member nations have committed to uphold Article 3 and the entire INTERPOL constitution, so it is troubling. As a matter of fact, it's even worse than troubling. It's egregious that INTERPOL chose to host this year's General Assembly in Turkey. A country that has become one of the worst abusers of INTERPOL’s Red Notice and Blue Notice systems. Turkey has repeatedly weaponized INTERPOL to persecute and arrest government critics on politically motivated charges. Journalist Can Dundar is a prime example. Mr. Dundar is one of Turkey's most prominent media personalities and has received international awards for defending freedom of the press. In 2018, Turkey demanded that INTERPOL issue a red notice for Mr. Dundar's arrest. What had he done? He simply criticized his government. He had reported on the Turkish government supplying arms to an Islamist group in Syria. He was charged by a Turkish court with espionage and aiding a terrorist group. The group was never named. And sentenced to 27.5 years in prison in absentia. Thankfully, Germany has refused to extradite Mr Dundar, but this is the sort of thing we see from this year's host of the conference in June of this year. Turkish media reported that INTERPOL had rejected nearly 800 red notices sent by the Turkish government. A Swedish human rights group reported in 2016 after the failed coup in Turkey, that the Turkish government filed tens of thousands of INTERPOL notifications targeting persons who were merely critics and political opponents of the government. Some of these people were stranded in international airports, detained and handed over to Turkey, where they ended up in prison. There are also alarming signs that Turkey is trying to leverage this year's General Assembly to further its own authoritarian goals. This past June, Turkish Deputy Foreign Minister Havel's Saleem Kiran openly asserted that the General Assembly in Istanbul “will be an important opportunity to explain in detail our rightful position regarding our fight against terrorist organizations and our rejected notices.” Translation: Turkey plans to use this high level event to mislead and lie to the international community. They will no doubt try to explain why President Erdogan should be able to hunt down his critics in foreign countries using foreign law enforcement through INTERPOL. This will be a travesty, one that indeed threatens the legitimacy and future viability of INTERPOL. And of course, Turkey is not the only offender we could talk about. Russia, China and Venezuela have routinely misused Interpol to oppress their critics. The case of Bill Browder, a free critic of the Putin regime and advocate for the Magnitsky Act, is probably the most well-known example of such abuse. Vladimir Putin has issued no fewer than eight INTERPOL diffusions seeking to have Bill Browder extradited, none of which thankfully have been obeyed. These abuses should not be allowed to go on. INTERPOL needs protection on behalf of countries that actually believe in human rights - they believe in open dissent and the rule of law. Providing that protection is why I have introduced the Transnational Repression, Accountability and Prevention Act or TRAP Act. This is a bipartisan effort, Mr. President, with four Republican co-sponsors and four Democratic co-sponsors. This bipartisan legislation would fortify U.S. systems against INTERPOL abuse and would require that we use our influence to push for due process and transparency reforms at INTERPOL, American law enforcement should never be doing the work of foreign crooks and dictators. I hope that I can count on my colleagues in this chamber to support this much needed legislation, and I invite my colleagues to be added to the co-sponsor list. Thank you, Mr. President.

  • Helsinki Commission Digital Digest October 2021

  • Experts raise alarm bells in Congress over ‘Europe’s most contested domain’

    With a handful of frozen conflicts, hybrid warfare, rising autocracy, and political instability, the Black Sea region may be Europe’s most volatile and most overlooked. This week, policy experts are testifying in Congress and calling for the United States to step up its involvement in the Black Sea region, a critical geopolitical crossroads where U.S. allies and adversaries coexist. “The region is Europe’s most contested domain,” said Ian Brzezinski, a former deputy assistant Defense secretary for Europe and NATO who testified to Congress on Wednesday. “It’s where you have the most intense confrontation and the most violent conflict in Europe in the last decade and a half. It’s high time we start addressing what needs to be done to bring greater peace and stability to that region,” Brzezinski told National Journal. Last week, Russian fighter jets intercepted two U.S. bombers over the Black Sea while Defense Secretary Lloyd Austin was visiting Romania, a member of the European Union and a NATO ally that hosts nearly 1,000 U.S. servicemembers. During his trip, Austin also visited two other Black Sea countries, Georgia and Ukraine, a move many saw as a sign that the U.S. was beginning to focus on the region ahead of a key NATO ministerial meeting. High on the agenda during Wednesday’s congressional hearing, however, was the U.S. relationship with Turkey, a NATO ally that under President Recep Tayyip Erdoğan has had an increasingly fraught relationship with the West. Despite being part of the Western military alliance, Turkey has consistently opposed strengthening NATO’s presence in the Black Sea and courted Russia, opting to purchase a Russian missile-defense system that military experts say poses a risk to NATO equipment. “We have got to repair our relationship with Turkey. It’s not impossible. Erdoğan is a deal-maker,” said Jim Townsend, a senior fellow at the Center for a New American Security and former deputy assistant Defense secretary European and NATO policy, who also testified Wednesday. Over the weekend, Erdoğan ordered the country’s Foreign Ministry to declare 10 ambassadors, including the U.S. ambassador to Turkey, persona non grata after they called for the release of an imprisoned civil-society leader named Osman Kavala. Erdoğan later walked back the statement, but the incident highlighted the volatility of Turkey’s relationship with the West. “Because Turkey is pursuing its own Russia-friendly policy and is often antagonistic towards the U.S., that makes our Black Sea policy so much more difficult,” said Ariel Cohen, a senior fellow at the Atlantic Council’s Eurasia Center, who argues that NATO allies should be more active in the region. Sen. Ben Cardin, the chair of the Helsinki Commission, said the U.S. and Turkey share many interests in the Black Sea region but that shouldn’t stop Washington from speaking out on human rights. “Mr. Kavala, a Turkish philanthropist, has been in detention for four years despite being acquitted by a Turkish court," Cardin said in an email. "In their joint statement, the ambassadors simply asked that Turkey adhere to its international obligations and domestic law. “This kind of straight talk is important among NATO allies and did not warrant such a disproportionate response.” Despite the tensions with Turkey, Russia is the primary adversary in the region. Many lawmakers note that Moscow has trampled the rules-based international order by invading its neighbors and propping up separatists to prevent countries along the Black Sea from forming closer ties with the West. Russian forces currently occupy around 20 percent of Georgian territory and support separatists in the breakaway regions of Abkhazia and South Ossetia. They also annexed Ukraine’s Crimean Peninsula in 2014—in large part to maintain access to the Black Sea—and support pro-Russian separatists in Eastern Ukraine. Sen. Jeanne Shaheen, chair of the Senate Foreign Relations subcommittee on Europe, said she convened Wednesday’s hearing to learn how lawmakers can holistically approach the region to address patterns of Russian encroachment. “Over the last two decades, the Black Sea has become an increasingly important region for Russia, which has repeatedly disregarded international norms to expand control of the region, waging war and deploying illegal and belligerent tactics to secure these goals,” Shaheen told National Journal. “Russia has made it clear that it is willing to exert economic, military, and political power to thwart NATO expansion and expand its control in the Black Sea.” Experts are arriving in Congress with a laundry list of recommendations, including building up Bulgaria's and Romania’s navies, sending brigade combat teams to both countries, investing in initiatives to counter Russian disinformation, and providing Ukraine with more lethal weaponry. Some are advocating for the creation of a NATO readiness action plan for the Black Sea, and for moving forward with NATO membership for Ukraine and Georgia. Both countries are angling to join the Western military alliance. Still, the alliance’s commitment to collective defense prevents countries already in a state of conflict from entering, a fact that Russia exploits. Because Georgia is not yet a NATO member, the U.S. recently renewed a six-year security pact with Tbilisi designed to bolster the defense capabilities of the country’s military. The U.S. is moving away from training battalions in Georgia and will focus instead on building sustainable institutional capabilities at the executive levels of the military. Still, experts warn that nearly all the countries in the region are dealing with political instability, Russian interference, or both. Georgia, heading for a second round of local elections on Saturday, has been accused of Democratic backsliding. Romania and Bulgaria, both EU members, are also in contentious election cycles and debates over government formation that will determine their future political trajectories. Ruslan Trad, an author researching Russian influence in Bulgaria, told National Journal there are several popular pro-Russian political movements in Bulgaria. Russian spies are active in the country and allegedly monitored European Union leaders during their visits. There’s also an urgent need to counter Russian disinformation and anti-NATO propaganda in the country, Trad said. What’s most important, said Ben Hodges, a retired lieutenant general now at the Center for European Policy Analysis, is to have a robust strategy for the entire region. “Having a strategy for the region has to be the first priority because then you can develop the right policies for each of the countries in the region,” Hodges said. The Biden administration is now working on a global-force-posture review, which should shed light on U.S. policy towards the region, and the State Department is also developing a Black Sea strategy. Alina Polyakova, the president of CEPA and another witness in Wednesday’s hearing, said it would be important to pinpoint the specific areas in which each partner country in the region can contribute to broader security. “The Black Sea region is critical to broader transatlantic stability,” Polyakova told senators. “It is where Russia, Europe, the Middle East, the Balkans, and the Caucasus come together, and it’s also the locus of the Kremlin’s test of the alliance’s credibility and resolve.”

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