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Witness Profile: Dr. Valery Perry
Thursday, June 30, 2016

Dr. Valery Perry was one of four expert witnesses at the Helsinki Commission’s May 25, 2016 hearing, “Combatting Corruption in Bosnia and Herzegovina.”Dr. Valery Perry

Dr. Perry’s interest in Bosnia began in 1997, when she helped supervise the country’s first municipal elections. Seeing it as a “fascinating example of a peace process,” she completed her Ph.D. research in Bosnia while simultaneously working for several organizations on aspects of peace implementation, democratization, and good governance.

During the early post-war years, Perry believes that many Bosnians felt that the situation in the country was improving. However, today there seems to be a sense that the country’s development has not only stagnated, but may even be regressing.

During the negotiations of the Dayton Accords, Bosnian citizens were not consulted about the ramifications of the agreement or the new constitution, Perry notes, although they have had to live with the consequences.

“It’s troubling for me to think that the United States and some of its allies put in place a peace agreement and a framework constitution that may have served its purpose at one point, but is now actually limiting the ability for citizens to create the vision that they want and to hold their leaders accountable,” she says.

“One thing you hear all the time when you talk to people who are from Sarajevo is that the city was very different before the war,” Perry continues. “There are so many people in Bosnia who just want the same things anyone anywhere wants – a decent job, good education for their children, safe streets…. and yet they are so poorly served by this post-war system.”

As a result, she observes, the lack of social trust in Bosnia is pervasive. “There’s almost a built-in, learned helplessness, especially among young people who have grown up in a fairly dysfunctional system…assuming that if they don’t join a political party they’ll never get a job, and if they’re not prepared to either use connections or possibly even pay a bribe they won’t pass their exams at the university.”

“It became very clear to me that corruption is at the heart of what happens when you don’t have good governance, when you don’t have an accountable electoral system, when you don’t have independent media, and when you don’t have a functioning judiciary,” she says.

For example, in Bosnia it is rare to hear of corruption cases that are investigated, prosecuted, and have successfully progressed through the entire appeals process.

“The judicial system is really not independent,” she says. “We see a lot of cases where someone is found guilty of corruption or abuse of office, but then there are simply repeated appeals until they get the judge and the decision that they want…everything is politicized and divided according to ethnic and national affiliation rather than merit and civic responsibility.”

As a first step to addressing the systematic corruption, Perry recommends strengthening laws on conflict of interest, political party financing and state enterprise regulation and transparency.

“It would be useful to look at a number of pieces of legislation that are either weak or have recently been weakened, and try to strengthen those…any reforms that lead to legislation need to be accompanied by very clear articulation of which agencies are competent and responsible for seeing them through,” she suggests. “There [also] needs to be vigorous oversight by investigative journalists and civil society actors and others to move forward.”

According to Perry, the United States and the international community can support anti-corruption efforts, but the challenge is complicated. “These issues should become a part of election campaigns and debates,” she says. “I think that this is where the US and other international actors involved in Bosnia can get involved as well: by supporting activists and citizens who are in the public debate and together asking, why any officials or candidates would be against more transparency in terms of appointment to the enterprises, or support opaque financing from the public purse?”

In addition to her anti-corruption work, Dr. Perry is also working on a documentary film – “Looking for Dayton” – which follows the experience of three men who fought in Sarajevo during the siege and who visit the US and Dayton Ohio 20 years after the end of the war to find out more about the place that shaped the peace and the Dayton Agreement.

She says, “We have a lot of work to do but we’re hoping to use the medium of film to tell a story that is interesting in terms of broader issues related to war and its aftermath and its effect on regular people.” 

 

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    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, and the Committee on Foreign Affairs Subcommittee on Europe, Eurasia, Energy, and the Environment have announced the following hearing: THE IMPORTANCE OF THE OPEN SKIES TREATY Tuesday, November 19, 2019 10:00 a.m. Rayburn House Office Building Room 2172 Live Webcast: www.youtube.com/HelsinkiCommission The Trump administration reportedly is considering withdrawing the United States from the Open Skies Treaty, a key arms control agreement that has enjoyed bipartisan support for decades. The treaty underpins security and stability in Europe by providing for unarmed aerial observation flights over its 34 signatories. The treaty allows even small countries greater awareness of military activities around them—more crucial than ever given the Kremlin’s demonstrated willingness to violate established borders. The principles of military transparency embodied by the treaty flow from the same fundamental commitments that led to the creation of today’s Organization for Security and Cooperation in Europe (OSCE). The Open Skies Consultative Commission, which oversees implementation of the treaty, meets monthly at OSCE headquarters in Vienna, Austria. Witnesses at the hearing, organized jointly with the Committee on Foreign Affairs Subcommittee on Europe, Eurasia, Energy, and the Environment, will explore the continued contributions of the Open Skies Treaty to the security of the United States, as well as its benefits to U.S. allies and partners. Witnesses also will assess Russia’s partial non-compliance with elements of the treaty and strategies to address this challenge, and evaluate the implications of a possible U.S. withdrawal on security and stability in Europe and Eurasia. Witnesses scheduled to participate include: Jon Wolfsthal, Director, Nuclear Crisis Group; Senior Advisor, Global Zero; Former Special Assistant to the President for National Security; Former Senior Director for Nonproliferation and Arms Control at the National Security Council Damian Leader, Ph.D., Professor, New York University; former Chief Arms Control Delegate for the United States Mission to the Organization for Security and Cooperation in Europe Amy Woolf, Specialist in Nuclear Weapons Policy, Congressional Research Services Witnesses may be added.  All members of the media wishing to attend the hearing must be accredited through the House Radio-Television Correspondents’ Gallery. For more information on accreditation, please contact the gallery at 202-225-5214.  

  • At What Cost?

    Sparked by the recent Turkish military offensive in northeastern Syria, increased tensions between the United States and Turkey have reignited the debate about the future of U.S.-Turkish bilateral relations. The Helsinki Commission convened this hearing to discuss how the United States should respond to the Turkish Government’s continuing abuse of human rights and fundamental freedoms. Expert witnesses at the hearing reviewed prominent cases of politically-motivated prosecution, failures of due process, and prospects for judicial reform as they relate to Turkey’s commitments as a member of both the OSCE and NATO. The panel also evaluated President Erdogan’s plan to return millions of Syrian refugees to their war-torn country or push them to Europe, and the human consequences of his military incursion into Syria. Presiding over the hearing, Commission Ranking Member Rep. Joe Wilson affirmed that as co-chair for the Caucus on U.S.-Turkey Relations & Turkish Americans he supports the people of Turkey and the U.S.-Turkish alliance. He cautioned, however, that President Erdogan’s actions threaten to undermine that alliance and damage the security of the region. Rep. Marc Veasey noted that Turkey is being “torn between two worlds”: one of democracy and one of autocracy. Sen. John Boozman and Rep. Steve Cohen were also present at the hearing. The Commission heard testimony from Gonul Tol, Director of the Center for Turkish Studies at the Middle East Institute; Merve Tahiroglu, the Turkey Program Coordinator at the Project on Middle East Democracy (POMED); Henri Barkey, the Bernard L. and Bertha F. Cohen Professor at Lehigh University; Eric Schwartz, the President of Refugees International; and Talip Kucukcan, professor of sociology at Marmara University. Dr. Tol testified that “most freedoms under Turkish President Recep Tayyip Erdogan have been dramatically curtailed” but counseled that Turkey “is not a fullblown dictatorship.” The Turkish government has targeted activists, journalists, and opposition politicians with “trumped-up terrorism charges and “largely criminalized Kurdish political expression.” She highlighted the opposition’s recent victories in mayoral elections as “a testament to the peoples of Turkey, the great majority of whom refuse to give up on the idea of democratic rule.” Dr. Tol further urged the United States to view “the Kurdish question…[as] a matter of democratization and human rights” for the Turkish state. Ms. Tahiroglu explained the deterioration of the rule of law under Erdogan’s government. According to her testimony, Erdogan’s administration has politicized the judiciary and rendered it “a main weapon against government critics and opponents” through repressive laws and false terrorism charges. She noted key judicial cases against civil society activists, journalists, opposition politicians, professors, U.S. citizens, and employees of U.S. consulates in the country. Ms. Tahiroglu testified that the breakdown of the rule of law in Turkey matters for U.S. interests because it has swept up U.S. citizens, “fuels anti-Americanism,” and “embolden[s] Turkey’s aggressive policies abroad by suppressing dissenting voices.” Dr. Barkey focused his testimony on the Turkish government’s suppression of the struggle for recognition of Kurdish social and political identity. Barkey explained the significance of the People’s Democratic Party (HDP)—Turkey’s second largest opposition party—in providing an opportunity for Turkey’s Kurdish population to participate in Turkish politics. “From that perspective, they have been very, very successful,” Barkey assessed. “It may have been far too successful for its own good.” Dr. Barkey detailed President Erdogan’s “relentless campaign to dismantle and delegitimize the HDP.” Mr. Schwartz spoke about the humanitarian implications of Turkey’s incursion into northeastern Syria. The reports of human rights abuses and civilian deaths are cause for deep concern, he said. He criticized the decision to withdraw U.S. troops from Syria instead of implementing a strategic departure. Schwartz concluded with a recommendation for the United States to support locally based NGOs that provide humanitarian assistance to populations by the Turkish operation. Dr. Kucukcan reminded the audience that Turkey’s incursion occurred with President Donald Trump’s consent. The incursion, he noted, serves to protect Turkey’s national security and preserve the territorial integrity of Syria.  Dr. Kucukcan disputed that Turkey plans “ethnic cleansing” or “demographic engineering in places where [military] operations took place.”

  • Helsinki Commission Hearing to Review Human Rights Developments in Turkey

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: AT WHAT COST? The Human Toll of Turkey’s Policy at Home and Abroad Thursday, October 31, 2019 10:00 a.m. – 12:00 p.m. Rayburn House Office Building Room 2200 Live Webcast: www.youtube.com/HelsinkiCommission Sparked by the recent Turkish military offensive in northeastern Syria, increased tensions between the United States and Turkey have reignited the debate about the future of U.S.-Turkish bilateral relations. At the hearing, expert witnesses will discuss how the United States should respond to the Turkish Government’s continuing abuse of human rights and fundamental freedoms. Participants will review prominent cases of politically-motivated prosecution, failures of due process, and prospects for judicial reform as they relate to Turkey’s commitments as a member of both the OSCE and NATO. The panel also will evaluate President Erdogan’s plan to return millions of Syrian refugees to their war-torn country or push them to Europe, and the human consequences of his military incursion into Syria. The following witnesses are scheduled to participate: Henri Barkey, Bernard L. and Bertha F. Cohen Professor, Lehigh University Talip Kucukcan, Professor of Sociology, Marmara University Eric Schwartz, President, Refugees International Merve Tahiroglu, Turkey Program Coordinator, Project on Middle East Democracy (POMED) Gonul Tol, Director, Center for Turkish Studies, Middle East Institute (MEI) Additional witnesses may be added.

  • HELSINKI COMMISSION TO REVIEW NEW WAYS TO FIGHT FOREIGN BRIBERY

    THIS HEARING HAS BEEN POSTPONED. RESCHEDULING INFORMATION WILL BE AVAILABLE SHORTLY. WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: ANTI-CORRUPTION INITIATIVES TO FIGHT EMERGING METHODS OF FOREIGN BRIBERY  Thursday, October 24, 2019 10:00 a.m. Rayburn House Office Building Room 2128  Live Webcast: www.youtube.com/HelsinkiCommission   The methods of foreign corrupt actors in the global economy have changed dramatically since America assumed the mantle of international anti-corruption champion with the passage of the Foreign Corrupt Practices Act (FCPA) in 1977. The integration of formerly closed states into the global economy and the development of transformative technologies have led to unprecedented wealth, but also unprecedented corruption. This globalized variant of corruption hollows out rule-of-law institutions and threatens to dismantle the liberal world order that underpins U.S. national security and prosperity. This hearing will examine new anti-corruption trends and initiatives to determine how the United States can most effectively engage the evolving threat of foreign bribery. Currently, while the United States still leads the world in investigating and prosecuting this crime, the foreign corrupt officials who demand bribes are not liable under U.S. law. The Foreign Extortion Prevention Act (FEPA), developed with the support of the Helsinki Commission, seeks to close this loophole. The hearing also will examine dual-use technologies such as blockchain, which have the potential to help fight foreign bribery, but also to facilitate it. The following witnesses are scheduled to testify: Patrick Moulette, Head of the Anti-Corruption Division, OECD Directorate for Financial and Enterprise Affairs Casey Michel, Journalist David Lawrence, Founder and Chief Collaborative Officer, RANE Eric Lorber, Senior Director, Center on Economic and Financial Power, Foundation for Defense of Democracies Additional witnesses may be added.

  • INTRODUCTION OF THE TRANSNATIONAL REPRESSION ACCOUNTABILITY AND PREVENTION ACT OF 2019 (TRAP ACT)

    Mr. HASTINGS. Madam Speaker, as Chairman of the U.S. Helsinki Commission—a congressional watchdog for human rights and democracy in Europe and Eurasia—I am frequently reminded of the new opportunities that technology and globalization present for human rights defenders around the globe. For those struggling to defend their liberty and human dignity, our interconnected world brings with it the possibility of sharing information, coordinating action, and demonstrating solidarity across thousands of miles in fractions of a second. It means that truth is more capable of piercing the veil of enforced ignorance erected by the world’s most repressive states Technology also further empowers dissidents in exile to connect with, and influence the foot soldiers of freedom who march on in their homelands. But with these new openings for liberty come novel approaches to repression. Authoritarian and autocratic regimes are appropriating agile, 21st century technology to prop up sclerotic systems of brutality and corruption. Technological developments have provoked greater feelings of insecurity in these brittle regimes and propelled them to extend their repression far beyond their borders, sometimes reaching into the refuge of democratic societies where political opponents, independent journalists, and civil society activists operate in safety. Madam Speaker, I recently introduced bipartisan legislation to tackle these emerging challenges with my friend and Helsinki Commission Ranking Member, Representative JOE WILSON of South Carolina We are confident that this legislation, supported by the bicameral leadership of the Helsinki Commission and other leaders on human rights, will place the United States on course to lead the free world in holding the line against these modern manifestations of political persecution, or what some have called ‘‘transnational repression.’’ The Transnational Repression Accountability and Prevention Act—or TRAP Act—is designed to counter one key instrument in the autocrat’s 21st century toolkit politically-motivated abuse of the International Criminal Police Organization, more commonly known as INTERPOL. INTERPOL is a legitimate and potent tool for international law enforcement cooperation—one that the United States relies on heavily to bring criminals to justice and thwart threats to security around the globe. Sadly, autocrats have recognized the potential for repression in INTERPOL’s worldwide communications system that ties into the law enforcement agencies of its 194 member countries. The Helsinki Commission regularly receives credible reports from human rights defenders, journalists, political activists, and businesspeople who have fallen victim to the efforts of corrupt regimes to ensnare them using INTERPOL’s system of international requests for arrest and extradition, known as Red Notices and Diffusions. These are the modern-day ‘‘traps’’ addressed by the TRAP Act. Because of these notices, innocent individuals live in fear of traveling mternationally and have been detained, had their bank accounts closed, and, sometimes, been returned into the hands of the very regimes from which they escaped. Madam Speaker, our legislation opens three new fronts agamst the threat of INTERPOL abuse. First, it clearly states that it is the policy of the United States to use our influence in INTERPOL to advance specific reforms that increase transparency and accountability for those that abuse the system while helping the organization to live up to its stated obligations to uphold international human rights standards and resist politicization It further establishes that the United States will use its diplomatic clout to confront countries that abuse INTERPOL and work to ensure the freedom of movement and ability to engage in lawful commerce of victims of this abuse the world over. Second, the TRAP Act exerts oversight over the United States’ internal mechanisms to identify, challenge, and respond to instances of INTERPOL abuse. The bill requires the Departments of Justice, Homeland Security, and State—in coordination with other relevant agencies—to submit to Congress an assessment of the scope and seriousness of autocratic abuse of INTERPOL, an evaluation of the adequacy of the processes in place domestically and at INTERPOL to resist this abuse, and a plan for improving interagency coordination to confront this phenomenon. Third, and perhaps most importantly, the TRAP Act places strict limitations on how the United States Government can use INTERPOL notices in legal or administrative proceedings that could interfere with the freedom or immigration status of individuals in our country. We have been deeply concerned by reports that some authorities in this country have improperly cited INTERPOL notices from autocratic countries to detain individuals and place them in danger of being returned to the very countries from which they fled. The TRAP Act will make crystal clear that autocratic regimes cannot use INTERPOL notices to weaponize the U.S. judicial system against their political targets. Madam Speaker, these measures are critical to restricting the freedom that some autocratic regimes have enjoyed to harass, persecute, and detain their political opponents around the world. Authoritarian and autocratic states like China, Russia, Kazakhstan, Tajikistan, Turkey, Azerbaijan, and Venezuela must be called out by name and held to account for their repeated manipulation of legitimate law enforcement tools for petty political ends. Madam Speaker, I would also like to place the TRAP Act in the context of the other work that the U.S. Helsinki Commission has done to address the grave threat of transnational repression and malign influence by authoritarian regimes. The Countering Russian and Other Overseas Kleptocracy—or ‘‘CROOK’’ Act, the Kleptocrat Exposure Act, and the Rodchenkov Anti-Doping Act have all been the result of a focus by Commissioners and Commission staff on developing a bipartisan congressional response to the existential threat of global authoritarianism. We can no longer sit idly by, content that those who wish to do us harm are on the other side of the world. In this new age of autocracy, the threat is here—now—and it comes in the form of abusive Red Notices, dirty money, and bought-and-paid-for lawfare tactics The purpose of these tactics is to silence journalists and activists, hollow out the rule of law, and ensure that no one ever dare pursue this new class of transnational kleptocrats whose sole goal is the wholesale looting of the countries they claim to serve and the seamless transfer of those ill-gotten gains to our shores and those of our allies. 

  • 2019 Human Dimension Implementation Meeting

    From September 16 to September 27, OSCE participating States will meet in Warsaw, Poland, for the 2019 Human Dimension Implementation Meeting (HDIM), organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR).  As Europe’s largest annual human rights conference, the HDIM brings together hundreds of government and nongovernmental representatives, international experts, and human rights activists for two weeks to review OSCE human rights commitments and progress. During the 2019 meeting, three specifically selected topics will each be the focus of a full-day discussion: “safety of journalists,” “hate crimes,” and “Roma and Sinti.” These special topics are chosen to highlight key areas for improvement in the OSCE region and promote discussion of pressing issues. Human Dimension Implementation Meeting 2019 Since the HDIM was established in 1998, the OSCE participating States have a standing agreement to hold an annual two-week meeting to review the participating States’ compliance with the human dimension commitments they have previously adopted by consensus. The phrase “human dimension” was coined to describe the OSCE norms and activities related to fundamental freedoms, democracy (such as free elections, the rule of law, and independence of the judiciary), humanitarian concerns (such as refugee migration and human trafficking), and concerns relating to tolerance and nondiscrimination (such as countering anti-Semitism and racism). Each year, the HDIM allows participating States to assess one another’s implementation of OSCE human dimension commitments, identify challenges, and make recommendations for improvement. The HDIM agenda covers all human dimension commitments, including freedoms of expression and the media, peaceful assembly and association, and religion or belief; democratic elections; the rule of law; tolerance and non-discrimination; combating trafficking in persons; women’s rights; and national minorities, including Roma and Sinti. Unique about the HDIM is the inclusion and strong participation of non-governmental organizations. The United States has been a stout advocate for the involvement of NGOs in the HDIM, recognizing the vital role that civil society plays in human rights and democracy-building initiatives. OSCE structures allow NGO representatives to raise issues of concern directly with government representatives, both by speaking during the formal working sessions of the HDIM and by organizing side events that examine specific issues in greater detail. Members of the U.S. delegation to the 2019 HDIM include: Ambassador James S. Gilmore, U.S. Permanent Representative to the OSCE and Head of Delegation Christopher Robinson, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs Roger D. Carstens, Deputy Assistant Secretary, Bureau of Democracy, Human Rights, and Labor Elan S. Carr, Special Envoy to Monitor and Combat Anti-Semitism Alex T. Johnson, Chief of Staff, U.S. Helsinki Commission

  • Helsinki Commission Leaders Introduce Transnational Repression Accountability and Prevention (TRAP) Act

    WASHINGTON—Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Ranking Member Rep. Joe Wilson (SC-02) today introduced the Transnational Repression Accountability and Prevention (TRAP) Act (H.R. 4330) in the House of Representatives. Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) introduced the TRAP Act (S. 2483) in the Senate on Tuesday. The legislation addresses politically-motivated abuse of the International Criminal Police Organization (INTERPOL) by autocracies. “Today’s autocrats don’t simply try to silence journalists, activists, and other independent voices at home. They also hunt them down in their places of refuge abroad,” said Chairman Hastings. “Such repressive regimes even manipulate INTERPOL—a legitimate and potent tool for international law enforcement cooperation—to trap their targets using trumped-up requests for detention and extradition. The United States must act to prevent this flagrant abuse and protect those who fight for freedom, human rights, and the rule of law." “Instead of facing consequences for their serial abuse of INTERPOL, autocratic states like Russia and China have instead jockeyed for senior positions in the organization,” said Co-Chairman Wicker. “The United States and other democracies should impose real costs for this global assault on the rule of law. This legislation would ensure that the United States remains at the forefront of defending the vulnerable against the long arm of state repression.” “The Transnational Repression Accountability and Prevention Act continues the tradition of U.S. leadership in combating INTERPOL abuse, holding perpetrators accountable, and advancing necessary reforms within the U.S. Government and INTERPOL to respond to this threat,” said Rep. Wilson. “This legislation makes it clear that the United States stands on the side of freedom for those who defy repression, resist corruption, and defend human rights wherever they seek refuge and a voice.” “Autocratic regimes are increasingly exporting their repression overseas, including to our own country. The United States must respond more forcefully to these attacks against the rule of law and deter the serial abuse of INTERPOL by repressive governments,” said Sen. Cardin. “This legislation is critical to establishing stronger protections for dissidents and other independent voices whom these regimes wish to apprehend in the United States on politically motivated charges.” The Helsinki Commission regularly receives credible reports from political dissidents, human rights defenders, and members of the business community who are the subject of politically-motivated INTERPOL Notices and Diffusions requested by autocratic regimes. These mechanisms, which function effectively as extradition requests, can be based on trumped-up criminal charges and used to detain, harass, or otherwise persecute individuals for their activism or refusal to acquiesce to corrupt schemes. Following reports that U.S. immigration authorities have cited such politically-motivated INTERPOL requests to detain some individuals and consider removing them from the United States, the TRAP Act formally codifies strict limitations on how INTERPOL requests can be used by U.S. authorities. The TRAP Act further declares that it is the policy of the United States to pursue specific reforms within INTERPOL and use its diplomatic clout internationally to protect the rights of victims and denounce abusers. The bill requires the Departments of Justice, Homeland Security, and State, in consultation with other relevant agencies, to provide Congress with an assessment of autocratic abuse of INTERPOL, what the United States is doing to counteract it, and how to adapt United States policy to this evolving autocratic practice. The State Department would also be required to publicly report on the abuse of INTERPOL in its annual Country Reports on Human Rights to create a transparent, public record of these violations of the rule of law. Russia is among the world’s most prolific abusers of INTERPOL’s Notice and Diffusion mechanisms. Other participating States of the Organization for Security and Cooperation in Europe (OSCE)—principally Azerbaijan, Kazakhstan, Tajikistan, and Turkey—and other authoritarian states, such as China, also reportedly target political opponents with INTERPOL requests that violate key provisions of INTERPOL’s Constitution, which obligate the organization to uphold international human rights standards and strictly avoid involvement in politically-motivated charges. Original co-sponsors of the legislation include Helsinki Commission members Sen. Marco Rubio (FL), Sen. Cory Gardner (CO), Sen. Sheldon Whitehouse (RI), Rep. Steve Cohen (TN-09), Rep. Brian Fitzpatrick (PA-01), Rep. Richard Hudson (NC-08), Rep. Gwen Moore (WI-04), and Rep. Marc Veasey (TX-33). Rep. John Curtis (UT-03), Rep. Sheila Jackson Lee (TX-18), and Rep. Tom Malinowski (NJ-07) are also original co-sponsors.

  • TOOLS OF TRANSNATIONAL REPRESSION

    To silence dissent from abroad, autocrats often turn to the International Criminal Police Organization, known as INTERPOL, to file bogus criminal claims seeking the arrest and extradition of their political targets. This abuse of INTERPOL Red Notices and Diffusions enables autocratic governments to harass and intimidate their opponents thousands of miles away, even within free and democratic societies. Titled “Tools of Transnational Repression: How Autocrats Punish Dissent Overseas,” this U.S. Helsinki Commission hearing examined INTERPOL abuse among other autocratic practices aimed at suppressing dissent across borders, including surveillance, abduction, and assassination. Commission Co-Chairman Sen. Roger Wicker chaired the hearing and was joined by Commission Ranking Members Sen. Ben Cardin and Rep. Joe Wilson and Commissioners Sen. Cory Gardner, Sen Sheldon Whitehouse, and Rep. Marc Veasey. Co-Chairman Wicker opened the hearing by stating that “the Helsinki Commission is particularly concerned by the politically motivated abuse of Interpol by autocratic states wishing to harass and detain their opponents overseas, often in the hopes of trying them on bogus criminal charges.” While acknowledging INTERPOL as a legitimate and potent law enforcement tool, Sen. Wicker noted that its “broad membership leaves it open to manipulation by authoritarians.” In his opening remarks, Ranking Member Cardin proposed ways to respond to the phenomenon of transnational repression include putting a spotlight on it through the hearing, passing legislation, and enforcing the Magnitsky sanctions. Ranking Member Wilson noted that INTERPOL abuse “is not only imperiling champions of freedom around the world, but undermining the very integrity of INTERPOL and, more broadly, the international system we’ve worked so hard to build.” Witnesses included Alexander Cooley, Director for Columbia University’s Harriman Institute for the Study of Russia, Eurasia, and Eastern Europe and Claire Tow Professor of Political Science at Barnard College; Sandra A. Grossman, Partner at Grossman Young & Hammond, Immigration Law, LLC; Bruno Min, Senior Legal and Policy Advisor for Fair Trials; and Nate Schenkkan, Director for Special Research at Freedom House. They described the roots of transnational repression, salient examples of its use, how INTERPOL systems should be reformed to safeguard the rights of the innocent, and INTERPOL abuse affects the American immigration system. Mr. Cooley recognized that while transnational repression is not a new phenomenon, there is a current upsurge in its use that stems from a global backlash against democratization. He further cited the role of globalization in creating new diaspora communities around the world and the rise of new information technologies as other factors contributing to the increasing incidents of transnational repression. Mr. Schenkkan recommended that the United States and other democratic states work to “blunt the tools of transnational repression,” including through INTERPOL reform, and to “to raise the cost of engaging in transnational repression,” such as by sanctioning its perpetrators. Mr. Min explained Fair Trials’ recommendations for INTERPOL reform, including ways to improve the review process of red notices and diffusions, further integrate due process standards into INTERPOL’s appeal process for red notices and diffusions, and increase the transparency of INTERPOL’s internal decision-making. Ms. Grossman addressed instances in which United States’ Immigration and Customs Enforcement (ICE) used Red Notices to detain or otherwise render immigration determinations against individuals in this country, even though the Department of Justice does not recognize Red Notices as a legitimate basis for arrest. She recommended that the U.S. government take steps to improve the understanding of immigration officials concerning the proper handling of Red Notices. Mr. Cooley, Mr. Schenkkan, and Ms. Grossman all endorsed the Transnational Repression Accountability and Prevention (TRAP) Act introduced by the Commission’s leadership to address the abuse of INTERPOL internationally and the misuse of its communications by U.S. authorities.

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