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Good Governance and the Rule of Law

The concept of rule of law forms a cornerstone of the OSCE's human rights and democratization activities. It not only describes formal legal frameworks, but also aims at justice based on the full acceptance of human dignity. It ties in closely with the establishment of democratic, accountable state institutions.

In recent years, the Helsinki Commission has paid particular attention to rule-of-law violations in countries including Russia and Azerbaijan, and throughout Central Asia.

 

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  • Human Rights and Democracy in a Time of Pandemic

    The outbreak of the novel coronavirus pandemic has prompted governments around the world to take extraordinary measures in the interest of public health and safety. As of early April, nearly two-thirds of the 57 participating States of the Organization for Security and Cooperation in Europe had declared “states of emergency” or invoked similar legal measures in response to the crisis. Often such measures have enabled governments to enact large-scale social distancing policies and suspend economic activity to save lives and preserve the capacity of national public health infrastructure to respond to the spread of infections. At the same time, human rights organizations and civil society activists have expressed concern regarding the breadth of some emergency measures and recalled the long history of government abuse of emergency powers to trample civil liberties. Exactly three decades ago, OSCE participating States unanimously endorsed a set of basic principles governing the imposition of states of emergency, including the protection of fundamental freedoms in such times of crisis. In 1990 in Copenhagen, OSCE countries affirmed that states of emergency must be enacted by public law and that any curtailment of human rights and civil liberties must be “limited to the extent strictly required by the exigencies of the situation.” According to the Copenhagen Document, emergency measures furthermore should never discriminate based on certain group characteristics or be used to justify torture. Building on these commitments a year later in Moscow, participating States underscored that states of emergency should not “subvert the democratic constitutional order, nor aim at the destruction of internationally recognized human rights and fundamental freedoms.” The Moscow Document stresses the role of legislatures in imposing and lifting such declarations, the preservation of the rule of law, and the value of guaranteeing “freedom of expression and freedom of information…with a view to enabling public discussion on the observance of human rights and fundamental freedoms as well as on the lifting of the state of public emergency.” In some corners of the OSCE region, however, national authorities are violating these and other OSCE commitments in the name of combatting coronavirus. While many extraordinary responses are justified in the face of this crisis, government overreach threatens the well-being of democracy and the resilience of society at a critical time. Download the full report to learn more.

  • Moldova

    Presidential elections in Moldova are quickly approaching. However, the country’s self-proclaimed “technocratic” government has yet to demonstrate a departure from the country’s post-Soviet history of grand kleptocracy and political strife. Moldovans have demanded greater access to the global economy through European integration, yet some political leaders are pivoting East with substantial security implications for the enduring frozen conflict in the breakaway territory of Transnistria. To this day, Moldovans demand accountability for the more than $1 billion siphoned from Moldova’s biggest banks between 2012 and 2014. However, key former political leaders implicated in this and other crimes are alleged to have escaped international sanctions, notably, ousted oligarch Vladimir Plahotniuc, who is allegedly at large in the United States. The U.S. Helsinki Commission convened the hearing to explore the societal fissures, security implications, and governance challenges at stake in the Republic of Moldova. Commission Chairman Rep. Alcee L. Hastings (FL-20) chaired the hearing and was joined by Commissioner Rep. Robert Aderholt (AL-04) and Rep. Sheila Jackson Lee (TX-18), a member of the U.S. delegation to the OSCE Parliamentary Assembly. Chairman Hastings’ opening remarks addressed the existing conditions in Moldova under pro-Russian president Igor Dodon and affirmed U.S. support for stability and democracy in Moldova. “We hope to see Moldova reach its potential as a European nation of prosperity and the rule of law, rather than just another post-Soviet country under the thumb of Moscow,” he stated. The hearing exposed Moldova’s existing struggles with corruption and Russian influence and highlighted opportunities for the United States to support Moldova’s democratic aspirations. Ambassador William H. Hill, Global Fellow at the Woodrow Wilson Center for International Studies and former Head of the OSCE Mission to Moldova, emphasized continuing problems of corruption in Moldovan institutions, security issues regarding Russia and Transdniestria, and the role of the U.S. and the EU in supporting Moldova. Although he explained that Moldova has “strayed into a familiar pattern of cronyism, political reprisals, and geopolitical posturing,” Ambassador Hill expressed hope for progress. Tatyana Margolin, Regional Director of the Eurasia Program at Open Society Foundations,  highlighted the resilience of Moldova’s civil society and the lack of public trust in the government. She also called for free and fair elections, for criminal justice reform, and on the U.S. to find Plahotniuc and bring him to justice. Valeriu Pașa, Program Manager at WatchDog.MD,  testified to the problems of corruption and the absence of justice in Dodon’s administration. “Judges, prosecutors, as well as other officials are easily drawn into supporting illegalities,” leading the government to be highly incompetent, he explained. Pașa voiced his support existing U.S. sanctions under the Magnitsky Act and asked that the U.S. impose tougher sanctions on corrupt low-profile Moldovan officials.

  • Moldovan Governance and Accountability to be Discussed at Helsinki Commission Hearing

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: MOLDOVA Access and Accountability Tuesday, March 10, 2020 12:30 p.m. Rayburn House Office Building Room 2200 Live Webcast: www.youtube.com/HelsinkiCommission Presidential elections in Moldova are quickly approaching. However, the country’s self-proclaimed “technocratic” government has yet to demonstrate a departure from the country’s post-Soviet history of grand kleptocracy and political strife. Moldovans have demanded greater access to the global economy through European integration, yet some political leaders are pivoting East with substantial security implications for the enduring frozen conflict in the breakaway territory of Transnistria. To this day, Moldovans demand accountability for the more than $1 billion siphoned from Moldova’s biggest banks between 2012 and 2014. However, key former political leaders implicated in this and other crimes are alleged to have escaped international sanctions. Witnesses at the hearing will explore the societal fissures, security implications, and  governance challenges at stake in the Republic of Moldova.  Can a country marred by deep corruption reverse its trajectory, and is there even any will to do so in this government?  What role will civil society play in Moldova’s reconstruction?  Will Socialist president Igor Dodon prioritize relations with Russia over the West, or manage to navigate between the two?  This hearing will explore these questions and more. The following witnesses are scheduled to participate: Ambassador William H. Hill, Global Fellow, Woodrow Wilson Center for International Studies & former Head of the OSCE Mission to Moldova Tatyana Margolin, Regional Director – Eurasia Program, Open Society Foundations Valeriu Pașa, Program Manager, WatchDog.MD   

  • Restrictions on Civil Society in Hungary

    Since returning to power in 2010, Viktor Orban has systematically dismantled a system of checks and balances, facilitating the consolidation of control by the Fidesz government, which is now in its fourth (third consecutive) term. This has included introducing significant changes to the legal framework for parliamentary elections; stripping hundreds of faiths of their state recognition in 2011 and then channeling money to religious groups that do not challenge government positions (increasing dependence of those groups on the state); overseeing the consolidation of most Hungarian media, first into the hands of government-tied oligarchy and then into a single foundation exempt from anti-trust regulation; and eroding judicial independence by, for example, expanding and packing the constitutional court. In light of restrictions imposed on political opposition, faith organizations, the media and the judiciary, the role of Hungarian civil society in holding the government to account (by, for example, suing the government for non-compliance with the Hungarian constitution or Hungary’s international legal commitments) has taken on heightened importance. At the same time, civil society organizations have become the targets of escalating rhetorical attacks and legislative restrictions, including laws that significantly lower the bar for what it takes to jail people who seek to exercise their freedoms of speech, assembly, and association. Download the full report to learn more. Contributors: Erika Schlager, Counsel for International Law and Daniela Ondraskova, Max Kampelman Fellow

  • Senators Cardin and Wicker Introduce Countering Russian and Other Overseas Kleptocracy (CROOK) Act

    WASHINGTON—Helsinki Commission Ranking Member Sen. Ben Cardin (MD) and Co-Chairman Sen. Roger Wicker (MS) today introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act (S. 3026). The CROOK Act would establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries as well as streamline the U.S. Government’s work building the rule of law abroad. On July 18, 2019, Rep. Bill Keating (MA-10) and Helsinki Commissioner Rep. Brian Fitzpatrick (PA-01) introduced a similar bill in the U.S House of Representatives. “Corruption has become the primary tool of authoritarian foreign policy,” said Sen. Cardin. “Reprehensible regimes steal the livelihoods of their own people and then use that dirty money to destabilize other countries. No leader deploys this strategy more blatantly and destructively than Vladimir Putin, who has devastated the Russian economy and the lives of ordinary Russians to advance his own interests.” “This bill would bolster the legal and financial defenses of U.S. allies against the influence of Russia, China, Venezuela, and other authoritarian regimes,” said Sen. Wicker. “By working together, we can close off opportunities for corrupt actors to undermine democracy around the world.” The anti-corruption action fund established in the legislation would assist countries where U.S. assistance could significantly increase the chances of successfully transitioning to democracy, combating corruption, and establishing the rule of law, such as Ukraine in 2014, Ethiopia after the election of a new Prime Minister who instituted important reforms in 2018, or Armenia after the December 2018 parliamentary election. This no-year fund would establish a mechanism to allocate aid and take advantage of ripened political will more quickly. The monies for this fund would derive from a $5 million surcharge to individual companies and entities that incur Foreign Corrupt Practices Act (FCPA) criminal fines and penalties above $50 million. The legislation would also establish several complementary mechanisms to generate a whole-of-government approach to U.S. efforts to strengthen the rule of law abroad. These include an interagency taskforce; the designation of embassy anti-corruption points of contact to liaise with the task force; reporting requirements designed to combat corruption, kleptocracy, and illegal finance; and a consolidated online platform for easy access to anti-corruption reports and materials. The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, endeavors to counter corruption and malign influence in all its forms. Helsinki Commissioners have sponsored and cosponsored other anti-corruption legislation such as the Kleptocrat Exposure Act (H.R. 3441), the Foreign Extortion Prevention Act (H.R. 4140), the Transnational Repression Accountability and Prevention Act (H.R. 4330/S. 2483), and the Rodchenkov Anti-Doping Act (H.R. 835/S. 259).

  • Public Diplomacy, Democracy, and Global Leadership

    For more than a century, the United States has advanced shared human rights, economic, and security policy goals in the transatlantic relationship by cultivating people-to-people ties through public diplomacy initiatives.  As democracies around the world face new challenges emanating from demographic shifts, technological advancements, and evolving security threats, the need for public diplomacy initiatives that cultivate leaders who espouse democratic principles, including inclusive and representative governance, grows more relevant. The U.S. Helsinki Commission convened a hearing to focus on U.S.-led public diplomacy international exchange initiatives that strengthen democratic institutions by targeting young and diverse leaders, encouraging civic engagement, and fostering social inclusion and cohesion in the OSCE region. Presiding over the hearing, Chairman Alcee L. Hastings (FL-20) stated, “This year, under my leadership, the Helsinki Commission has held events on the importance of international election observation, good governance, and focused on democratic backsliding in particular countries as part of our continued commitment to the underlying principles of the Helsinki Final Act.  Common to all of these issues is the role good leaders can play in ensuring free and fair elections; laws that are equitable, transparent, and enforced; and laying the groundwork to ensure protections and rights for all in their constituencies […] for the long-term stability of our nation and the transatlantic partnership.”  In his opening remarks, Chairman Hastings also noted that he planned to introduce legislation to support of leadership exchanges and knowledge-building between diverse transatlantic policymakers, and to encourage representative democracies. He also announced a February program for young OSCE parliamentarians to strengthen their political inclusion and advance peace and security efforts. Chairman Hastings was joined by Commissioners Rep. Emanuel Cleaver, II (MO-05) and Rep. Marc Veasey (TX-33). Rep. Veasey raised the importance of metrics in assessing the impact of leadership programs and soft diplomacy, while Rep. Cleaver stated, “For the first time since the end of World War II, the extreme right is actually winning seats in the German Parliament,” highlighting increased security risks related to public diplomacy programs operating in countries that have seen an increase in hate crimes and racial prejudice. Witnesses included Cordell Carter, II, Executive Director of the Socrates Program at the Aspen Institute; Stacie Walters Fujii, Chair of the American Council of Young Political Leaders; and Lora Berg, Counselor for Inclusive Leadership at the German Marshall Fund of the United States. Carter reviewed the Aspen Institute’s public policy programming on transatlantic relations and discussed the importance of promoting democratic values, including efforts to strengthen the capacity of congressional staff and encourage dialogues around the United States on being an “inclusive republic.”  He concluded by asking Congress to create more opportunities for public discourse on issues that threaten the stability of democracies around the world. Fujii discussed the importance of international exchanges in supporting democracies and the work of American Council of Young Political Leaders (ACYPL). ACYPL was founded in 1966 to strengthen transatlantic relationships by promoting mutual understanding among young political leaders in Western Europe and the former Soviet Union.  Critical aspects of the program include offering international leaders the opportunity to come to the U.S. to observe campaigning, polling stations, election returns, and the response of the American people to elections, complemented by follow-on educational conversations about democratic processes in their countries.  Berg highlighted the importance of public diplomacy initiatives in advancing inclusive leadership and observed that nations gain in richness and capacity when diversity is reflected in leadership. She also noted that inclusive leadership not only plays an important role in promoting social harmony, but it also helps to ensure economic growth, stating that “the places with the highest social cohesion are the most reliable for investment.” Berg explained that the GMF’s Transatlantic Inclusion Leaders Network (TILN) grew out of work she engaged in while working for the Department of State. TILN is an innovative network of young, diverse leaders across the United States and Europe supported by the Helsinki Commission and State Department.    Berg argued for the expansion of U.S. Government-supported public diplomacy inclusive leadership initiatives targeting youth and diverse populations in western democracies, including through public-private partnerships, the creation of a public diplomacy officer position in Europe to foster Europe-wide next generation transatlantic leadership, and increased political participation measures domestically and abroad for diverse populations.   

  • It's All About the Money

    As the countries of the Western Balkans continue to seek the integration that promises stability and prosperity, the inability to genuinely confront and overcome official corruption through good governance measures has undoubtedly slowed their progress. Foreign investment—vital to improved economic performance—is discouraged by a business climate characterized by weak adherence to the rule of law.  As a result, the countries of the region are witnessing a “brain drain” as the most talented and well-educated leave.  They also remain vulnerable to malign foreign investors, including Russia, that pursue political influence rather than profits.    Current political leaders have little incentive to make further democratic changes that could lead to their removal from power; they instead rely on lingering nationalist sentiments to continue benefiting from the corrupt practices they tolerate. At this Helsinki Commission briefing, experts from Serbia, North Macedonia, and Bosnia and Herzegovina analyzed the gaps in governance that facilitate the inflow of “corrosive capital” and subsequent foreign meddling in the Western Balkans, and encourage an exodus of the best and brightest from the region. Panelists also suggested specific ways to strengthen economic resiliency, democratic transition, and the possibilities for integration.        

  • Helsinki Commission to Review Role of Professional Exchanges in Strengthening Democratic Institutions

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: PUBLIC DIPLOMACY, DEMOCRACY, AND GLOBAL LEADERSHIP An Approach for the 21st Century Thursday, December 5, 2019 10:00 a.m. Longworth House Office Building Room 1334 Live Webcast: www.youtube.com/HelsinkiCommission For more than a century, the United States has advanced human rights, economic, and security policy goals in Europe by cultivating people-to-people ties across the Atlantic. More than 500 heads of state, 100 Members of Congress, and thousands of professionals have participated in U.S. Government-sponsored exchanges, including the State Department’s International Visitor Leadership Program, while public and private organizations have hosted similar programs to bring leaders together.    Witnesses at the hearing will explore the origins and role of professional exchanges and other public diplomacy programs that strengthen relationships with U.S. allies in the face of shared challenges including eroding trust in democratic institutions, demographic shifts, technological advancements, and evolving security threats. In particular, the hearing will focus on international exchange initiatives that strengthen democratic institutions by targeting young and diverse leaders, encouraging civic engagement, and fostering social inclusion and cohesion in the OSCE region.  The following witnesses are scheduled to participate: Lora Berg, Senior Fellow, Leadership Programs, German Marshall Fund of the United States Cordell Carter, II, Executive Director, Socrates Program, The Aspen Institute   Stacie Walters Fujii, Chair, American Council of Young Political Leaders (ACYPL)   Photo credit: German Marshall Fund of the United States

  • Helsinki Commission Leaders Mark 10th Anniversary of Death of Sergei Magnitsky

    WASHINGTON—Ahead of the ten-year anniversary of Sergei Magnitsky’s death on November 16, Helsinki Commission leaders issued the following statements: “Sergei Magnitsky was a fearless truth-teller who wanted to make his country a better place,” said Chairman Rep. Alcee L. Hastings (FL-20). “Unfortunately, his brave actions were rewarded not with accolades from the Russian Government, but with vicious abuse and death in a cold jail cell. Not much has changed in today’s Russia. We must honor his legacy by continuing to stand up for those who are voiceless and defend human rights at home and abroad.” “The recent ruling against Russia in the European Court of Human Rights is an important vindication for the Magnitsky family, but real justice remains elusive,” said Co-Chairman Sen. Roger Wicker (MS). “Russian authorities still have made no effort to punish those involved in Sergei Magnitsky’s detention and abuse. America has not forgotten Sergei Magnitsky—his legacy continues to inspire people around the world to hold fast to the truth in the face of intimidation and violence by authoritarian regimes.” “Vladimir Putin’s Russia is a perilous place for those who dare to challenge the authorities. No one knew that truth more than Sergei Magnitsky,” said Ranking Member Rep. Joe Wilson (SC-02).  “Ten years on, his death reminds us that defending human rights is vital to promoting democracy. I honor Sergei Magnitsky’s memory and hopefully await the dawning of a new age in Russia in which Sergei will be acknowledged as a hero instead of vilified and falsely accused.” “Sergei Magnitsky’s faithfulness to the truth cost him his life. His legacy spurred a quest for justice in Russia and around the world,” said Ranking Member Sen. Ben Cardin (MD). “The Sergei Magnitsky and Global Magnitsky Acts make clear to all that the United States stands with those whose rights and basic freedoms are repressed. It should never be U.S. policy to normalize the behavior of human rights abusers and despots. Human rights cannot and should not be open to compromise; it must be a cornerstone of our foreign policy agenda. A decade after his death, we both mourn Sergei Magnitsky and remember his courage. Through his actions, he taught us that we are all capable of rising to the challenge and standing up for justice.” In 2008, Sergei Magnitsky, who advised Hermitage Capital Management in a dispute over alleged tax evasion in Russia, discovered a $230 million fraud being committed by Russian law enforcement officers assigned to the case. Magnitsky reported the fraud to the authorities and was arrested soon after by the same officers he had accused. For almost a year, Magnitsky was held in squalid prison conditions, denied visits from his family, and beaten by guards. Despite developing serious cases of gallstones, pancreatitis, and cholecystitis, he was denied medical attention. On November 16, 2009, Sergei Magnitsky was beaten to death in his cell. He had been imprisoned for 358 days, just seven days short of the maximum legal pre-trial detention period in Russia.

  • 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. 

  • 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.

  • Helsinki Commission Hearing to Probe Autocratic Abuse of Interpol

    WASHINGTON—The Commission on Security and Cooperation in Europe, also known as the Helsinki Commission, today announced the following hearing: TOOLS OF TRANSNATIONAL REPRESSION How Autocrats Punish Dissent Overseas Thursday, September 12, 2019 10:00 a.m. – 12:00 p.m. Cannon House Office Building Room 210 Live Webcast: www.youtube.com/HelsinkiCommission As modern technology has allowed political dissidents and human rights defenders to operate from almost anywhere on the planet, repressive regimes have searched for opportunities to reach those who threaten their rule from afar.  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. The U.S. Helsinki Commission will convene an expert panel to highlight how autocrats today use INTERPOL and other means such as surveillance, abduction, and assassination to punish dissent overseas. Witnesses will suggest how the United States and other democratic nations can defend against these threats to the rule of law domestically and internationally. The following witnesses are scheduled to participate: Alexander Cooley, Director, Columbia University's Harriman Institute for the Study of Russia, Eurasia and Eastern Europe; Claire Tow Professor of Political Science, Barnard College Sandra A. Grossman, Partner, Grossman Young & Hammond, Immigration Law, LLC Bruno Min, Senior Legal and Policy Advisor, Fair Trials Nate Schenkkan, Director for Special Research, Freedom House Additional witnesses may be added.

  • House Majority Leader, Helsinki Commissioners Decry Efforts to Shutter Community Center in Hungary

    WASHINGTON—Following renewed efforts by authorities in Hungary to shutter the Aurora Community Center in Budapest, House Majority Leader Rep. Steny H. Hoyer (MD-05), Helsinki Commission Ranking Member Sen. Ben Cardin (MD), and Helsinki Commissioner Rep. Gwen Moore (WI-04) issued the following statements: “During my visit to Budapest earlier this summer, I saw firsthand the important resources Aurora provides to the community,” said Majority Leader Hoyer. “The latest attempt by Hungarian authorities to shut down Aurora speaks volumes about the country’s shrinking space for civil society. On the thinnest of pretexts, the rule of law in Hungary is being hijacked to serve one party's political interests.” “Aurora nurtures a vibrant community of civil society groups and has become a symbol of independent organizations in Hungary,” said Sen. Cardin, who also serves as the OSCE Parliamentary Assembly (PA) Special Representative on Anti-Semitism, Racism, and Intolerance. “Unfortunately, such activism is viewed as a threat by those in power, who—through constant legal harassment—are attempting to permanently close Aurora’s doors. Aurora and organizations like it should be protected, not targeted.” “In a time when those who spew hate and divisiveness seem to be ascendant, initiatives like Aurora that build inclusive societies and strengthen democracy are needed more than ever,” said Rep. Moore. “I was honored to visit the center and meet with its president, Adam Schonberger, with my colleagues earlier this year.” Majority Leader Hoyer, Sen. Cardin, and Rep. Moore visited the Aurora Community Center in Budapest in July, en route to the 2019 OSCE PA Annual Session in Luxembourg. Marom, a Hungarian Jewish association, established and runs Aurora Community Center, an umbrella organization that provides office space to other small civil society groups in Budapest, including the Roma Press Center, migrant aid, and Pride Parade organizers. Over the past two years, Hungarian authorities repeatedly have accused Marom of administrative violations ranging from mismatched dates on official documents to, most recently, lacking an appropriate agreement with the center’s landlord. Under the Orbán government, the conditions for independent nongovernmental organizations (NGOs) in Hungary have deteriorated. In 2014, armed police carried out raids on 13 civil society organizations, seizing computers and documents for alleged financial misconduct. No charges were ever brought against the NGOs.  In 2017, Hungary adopted a Russian-style "foreign agent" law which, according to the U.S. Department of State, “unfairly burdens a targeted group of Hungarian civil society organizations, many of which focus on fighting corruption and protecting human rights and civil liberties.” In 2018, Hungary passed a law establishing a 25 percent tax on organizations which engage in “propaganda activity that portrays immigration in a positive light.” It is a tax on government-disfavored speech.  Hungary also adopted amendments to its "law on aiding illegal migration" that makes handing out know-your-rights leaflets punishable by up to one year in prison.  Hungary will hold municipal elections on October 13.

  • Representatives Keating and Fitzpatrick Introduce Countering Russian and Other Overseas Kleptocracy (CROOK) Act

    WASHINGTON—Rep. Bill Keating (MA-10) and Helsinki Commissioner Rep. Brian Fitzpatrick (PA-01) today introduced the Countering Russian and Other Overseas Kleptocracy (CROOK) Act. The CROOK Act will establish an anti-corruption action fund to provide extra funding during historic windows of opportunity for reform in foreign countries as well as streamline the U.S. Government’s work building the rule of law abroad. “Russia and other authoritarian states have weaponized corruption, and exposing and countering that malign influence needs to be a priority. For too long, Russian President Vladimir Putin and other Russian politicians and oligarchs have acted with impunity, manipulating U.S. and European financial systems to move and disguise their ill-gotten gains. Their illicit funds are being used to control key economic sectors, fund political parties and organizations that advance Russian interests, and manipulate political processes and policies. The CROOK Act will help prevent Russian and other forms of kleptocracy from eroding democracy, security, and rule of law,” said Rep. Keating. “To counter the weaponization of corruption, the United States must double down on its work to promote the rule of law abroad. However, opportunities for the establishment of the rule of law are rare and success requires that the United States act quickly when reformers come to power and seek to root out corruption. The United States also must take a whole-of-government approach to ensuring that resources are being used effectively and that different U.S. Government agencies are not acting at cross-purposes,” said Rep. Fitzpatrick. The anti-corruption action fund established in the legislation will be funded by 5 percent of fines and penalties imposed pursuant to actions brought under the Foreign Corrupt Practices Act (FCPA). This way, a portion of the monies obtained under the enforcement of the FCPA will be recycled back into further international anti-corruption work. The legislation also establishes several complementary mechanisms to generate a whole-of-government approach to U.S. efforts to strengthen the rule of law abroad. These include an interagency taskforce, the designation of embassy anti-corruption points of contact, and a consolidated online platform for easy access to anti-corruption reports and materials. The Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission, endeavors to counter corruption and malign influence in all its forms. Helsinki Commissioners have sponsored and cosponsored other anti-corruption legislation such as the Kleptocrat Exposure Act (H.R. 3441) and the Rodchenkov Anti-Doping Act (H.R. 835). All House Helsinki Commissioners are original cosponsors of the bill. This includes Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20), Helsinki Commission Ranking Member Rep. Joe Wilson (SC-02), and Helsinki Commissioners Rep. Steve Cohen (TN-09), Rep. Robert Aderholt (AL-04), Rep. Sheila Jackson Lee (TX-18), Rep. Richard Hudson (NC-08), and Rep. Gwen Moore (WI-04). Rep. John Curtis (UT-03), Rep. Tom Suozzi (NY-03), and Rep. Tom Malinowski (NJ-07) are also original cosponsors  of the legislation.

  • The Helsinki Process: A Four Decade Overview

    In August 1975, the heads of state or government of 35 countries – the Soviet Union and all of Europe except Albania, plus the United States and Canada – held a historic summit in Helsinki, Finland, where they signed the Final Act of the Conference on Security and Cooperation in Europe. This document is known as the Helsinki Final Act or the Helsinki Accords. The Conference, known as the CSCE, continued with follow-up meetings and is today institutionalized as the Organization for Security and Cooperation in Europe, or OSCE, based in Vienna, Austria. Learn more about the signature of the Helsinki Final Act; the role that the Conference on Security and Cooperation in Europe played during the Cold War; how the Helsinki Process successfully adapted to the post-Cold War environment of the 1990s; and how today's OSCE can and does contribute to regional security, now and in the future.

  • Curbing Corruption through Corporate Transparency and Collaboration

    The United Kingdom has implemented some of the world’s most innovative anti-corruption policies. In particular, its public beneficial ownership registry is the only active one of its kind and its Joint Money Laundering Intelligence Taskforce models effective collaboration between law enforcement and the private sector. This briefing examined these policies and the United Kingdom’s broader strategy to counter illicit finance. Panelists discussed how the United Kingdom implements its policies, their successes and shortcomings, and what remains to be done. Though U.S. corporate transparency proposals take a non-public approach, panelists also discussed the lessons that the United States can draw from the British experience. John Penrose, M.P., U.K. Prime Minister’s Anti-Corruption Champion, explained the reputational risks associated with money laundering in the U.S. and U.K. financial markets to the rules-based system. Penrose explained the British approach of establishing a beneficial ownership registry, saying, “What we are trying to do in the U.K. is we are trying to set up something which will effectively create a global norm to say let’s all have some kind of a register about who owns and controls these companies.  We’re not asking for the moon.  As I said, we don’t need to know everybody who owns a piece of every company.  We just need to know who the controlling minds and the controlling interests are.” Edward Kitt, Serious and Organized Crime Network Illicit Finance Policy Lead at the British Embassy in Washington, covered the issues the U.K is facing with their beneficial ownership policy. Kitt explained, “One challenge we have is feedback to financial institutions on suspicious activity reports. Often, financial institutions will submit suspicious activity reports and they don’t hear any feedback as to actually what was the utility of that, how useful was that.” Even considering the difficulty the policy has experienced, Kitt maintained, “It’s not just a talking shop; it delivers. And… it’s assisted in identifying and restraining in excess of £9 million.  So, the results are palpable.” Mark Hays, Anti-Money Laundering Campaign Leader at Global Witness and the sole American panelist, reflected on his company’s investigations into corruption: “Simply put, if the U.S. wants to continue to show this leadership we need to match the U.K.’s efforts in establishing some modicum of disclosure for beneficial ownership transparency for companies.” Hays continued, “If we don’t, not only will we be failing to live up to this leadership test, but we will put ourselves at greater risk for becoming a haven for bad actors and their ill-gotten gains.” Nate Sibley, Research Fellow for the Kleptocracy Initiative at the Hudson Institute, spoke to how the UK’s policies could transfer to the U.S. Sibley described a House Financial Services Committee bill, “introduced by Representative Carolyn Maloney called the Corporate Transparency Act,” that ensures companies disclose beneficial owners. He went on to explain that the bill “would create a private beneficial ownership register. So not a public one like they have in the U.K., but one that was accessible only to law enforcement, under very strict and controlled circumstances.” Sibley outlined the ways that the U.S. federal system changes the prospect of the registry logistics, but maintained that it would still work in the U.S.

  • Shady Shipping

    Trade-based money laundering (TBML) is the process of disguising the proceeds of crime and moving value through trade transactions in an attempt to legitimize their illicit origins. This highly sophisticated form of money laundering has become a favorite method for transnational criminals, dictators, and terrorists to move ill-gotten gains to new jurisdictions. This event examined what TBML is, how it works, and why it has become such a ubiquitous method of laundering money. Panelists also discussed the broader interplay of illicit commerce, global corruption, and TBML. Finally, panelists recommended practical steps the United States and non-governmental organizations can take to counter TBML. David Luna, President and CEO of Luna Global Networks, shared his insights on the dark side of globalization and how it fits into the TBML paradigm. Luna outlined the need to increase understanding of the networks between illicit commerce and money laundering across legal and illegal means through convergence crimes. He spoke to the methodologies of “cleaning dirty money” utilized by kleptocrats, criminal organizations, and terrorist groups, while expressing the importance of tracing money and the value of goods to expose illicit crimes. Luna cited a 2015 World Economic Forum report to support his points, which estimated the value of transnational criminal activities between 8-15 percent of Gross Domestic Product, even by conservative standards, totaling around 80 trillion in the US market. John Cassara, retired Special Agent of the U.S. Department of the Treasury, spoke about the confusion surrounding TBML, both in understanding and enforcement. He explained that TBML is the largest method of money laundering because of excess ways to commit it: customs fraud, tax evasion, export incentive fraud, evading capitol controls, barter trade, and underground financial systems. Cassara explained how money is transferred under the noses of customs enforcement by undervaluing or overvaluing an invoice of an otherwise legal trade. Cassara asked, “If our highly trained police force can’t catch this, what about the rest of the world?” Lakshmi Kumar, Policy Director at Global Financial Integrity, described the difficulty with tracking TBML, both domestically and internationally. She outlined how domestic policy and law complicates internal tracking, while the lack of consistent transnational collaboration and information sharing complicates international tracking. Kumar spoke to the components of the trade chain and how hard it is to watch all the mechanisms with due diligence. Explaining the role of banks, Kumar noted that 80 percent of all international trade occurs through open account trading, in which banks aren’t involved or able to offer oversight. This allows for trade profits to be separated into various accounts, tricking the customs and enforcement agencies to enforce a lower level of taxation on the profits and the freights and allowing for TBML. In summary, even with world class law enforcement, the U.S. legal and financial frameworks needs to catch up in order to adequately combat TBML.

  • Wicker and Cardin Introduce Legislation to Defend U.S. Citizens and Diplomatic Staff from Political Prosecution in Turkey

    WASHINGTON—Sen. Roger Wicker (MS) and Sen. Ben Cardin (MD) today introduced the Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act of 2019 (S. 1075) to address the ongoing wrongful detentions of U.S. citizens and diplomatic staff by the Government of Turkey. U.S. Senate Democratic Whip Dick Durbin (IL), who has actively supported efforts to secure the release of political prisoners around the world, is an original co-sponsor of the legislation, along with Sen. Marco Rubio (FL), Sen. Thom Tillis (NC), and Sen. Chris Van Hollen (MD). “More than two and a half years have passed since Serkan Gölge, an American citizen, was detained in Turkey. Since then, we have witnessed the sham convictions of two Americans, including Pastor Andrew Brunson, and one local employee of the U.S. government on baseless terrorism charges. At least two other local staff of our consulate in Istanbul continue to face similar politically-motivated convictions without credible evidence of wrongdoing,” said Sen. Wicker. “Turkish authorities should immediately cease this harassment of our citizens and personnel. The bipartisan measure we are introducing today puts Turkey on notice that it can either quickly resolve these cases and free our citizens and local staff or face real consequences. Turkey is a valuable NATO ally—I expect it to start acting like one.” “The Turkish government’s false imprisonment of Americans and Turkish citizens employed by the United States in Turkey is a gross violation of their human rights,” said Sen. Cardin. “Our bill makes clear that the United States will not tolerate years of Turkish recalcitrance on these cases. Officials in the Erdogan regime responsible for these crimes must be held accountable under Global Magnitsky standards for their ongoing injustices. I am eager to begin restoring constructive cooperation between our countries, but we simply cannot do so while these innocent men languish in wrongful and prolonged detention.” “These arbitrary arrests are yet another example of Turkey’s deteriorating democracy and respect for human rights under autocrat President Erdogan,” said Sen. Durbin.  “That Erdogan continues to jail a U.S. citizen and Turkish staff that work for our consulates, not to mention prop up Venezuela’s Nicolas Maduro, warrant greater action by the Trump Administration.” “Erdogan’s government continues to undermine the rule of law in Turkey, including by targeting American citizens and locally-employed U.S. diplomatic staff.  I’m proud to join this bipartisan effort to hold senior Turkish officials who are knowingly responsible for the wrongful detention of or politically-motivated false charges against American citizens and U.S. local employees at our diplomatic posts accountable,” Sen. Rubio said. “The Turkish government must live up to its commitment and act like a NATO ally if they wish to continue to be treated like one.” “While the Turkish government made a step in the right direction with the release of Pastor Andrew Brunson last October, more needs to be done for Turkey to show good faith and act like a NATO ally,” said Sen. Tillis, co-chair of the Senate Human Rights Caucus. “This bipartisan legislation will impose sanctions on those responsible for the wrongful imprisonments of American citizens and diplomatic staff, and I hope progress will be ultimately made through the release of Serkan Gölge and other U.S. citizens currently imprisoned in Turkey.” “Turkey’s blatant disregard for the rights of American citizens and diplomatic staff within their country is unacceptable. This legislation makes clear to Turkey that we will not accept the status quo. I urge the Senate to take up this bill immediately, so we can levy swift sanctions on senior Turkish officials and apply some serious pressure to get Turkey to release these wrongfully detained Americans and diplomatic staff,” said Sen. Van Hollen, co-chair of the Senate Foreign Service Caucus. The bill would require the U.S. administration to impose sanctions on all senior Turkish officials responsible for the wrongful detentions of U.S. citizens and staff, including barring the officials from travel to the United States and freezing any U.S. assets. It further calls on President Trump to urge Turkey to restore due process guarantees and respect for the fundamental freedoms of all its people, thousands of whom are victims of the same politically-motivated prosecution and indefinite detention. U.S. citizen and NASA scientist Serkan Gölge is one of several American citizens, including Pastor Andrew Brunson, who were caught up in the sweeping government-led purge that followed the 2016 coup attempt in Turkey. Brunson was convicted on fabricated terrorism charges and released in October 2018 but Gölge remains in jail serving a five-year sentence because of a similar conviction. He has been in jail since July 2016. Since early 2017, Turkish authorities have targeted three veteran Turkish employees of U.S. consulates in Turkey on trumped-up national security charges that appear to stem in part from routine contacts they maintained as part of their professional responsibilities. All three men have worked as locally employed staff of the United States Government in Turkey for more than three decades. A Turkish court in January 2019 convicted Hamza Ulucay, who was imprisoned since February 2017, on terrorism charges without any credible evidence of wrongdoing. He was sentenced to four and a half years in jail, but released on time served. Two other local staff from the U.S. Consulate General in Istanbul, Metin Topuz and Mete Canturk, remain in custody or under house arrest on similar trumped-up charges. After 18 months in jail, Metin had his first court hearing last month. The court adjourned his trial until May 15. In November 2017, the Helsinki Commission held a hearing on the detention of American citizens and U.S. consulate employees in Turkey. In the months prior to the hearing, Helsinki Commission leaders raised these cases in letters to President Erdogan and President Trump.

  • The U.S. must stand up to Erdogan and his politically motivated detentions

    Last fall, Americans rejoiced as the pastor Andrew Brunson, a North Carolina native, returned home after spending more than two years in Turkish prisons on baseless terrorism and espionage charges. A combination of congressional pressure and targeted sanctions on Turkish officials sent a clear message to President Recep Tayyip Erdogan that the United States would not tolerate his using Brunson as a pawn to extract political concessions. Faced with mounting political and economic costs, Erdogan caved. Sadly, the pastor’s release did not put an end to Erdogan’s hostage-taking. Today, the Turkish government continues to hold at least one American citizen and two Turkish employees of the U.S. government on false charges. Erdogan plans to inflict misery on these innocent people until he gets what he wants out of the United States — whether that is a green light to attack Kurdish strongholds in northern Syria, taking legal action against Fethullah Gulen and his followers in the United States, or U.S. acquiescence to Turkey’s purchase of a Russian air defense system. Such attempts at extortion are all the more galling coming from Turkey, an important NATO ally that is not acting like one. American citizen and NASA physicist Serkan Golge is serving a five-year prison sentence for alleged involvement in terrorism, despite no credible evidence of wrongdoing. Turkish police have also used false terrorism charges to detain three longtime Turkish employees of U.S. consulates in the country: Hamza Ulucay, Metin Topuz, and Mete Canturk. Golge and Topuz are in solitary confinement, where they have spent up to two-and-a-half years with only an hour of fresh air per week. Ulucay was released earlier this year after being held for nearly two years. Canturk remains under house arrest, and his family is subject to travel bans and regular police check-ins. These men are all innocent. Not only have they lost irreplaceable time with their families, but the physical and psychological toll of their ordeal also means they may never be the same once they regain their liberty. The United States did not tolerate the politically motivated detention and mistreatment of a U.S. citizen in the case of Pastor Brunson. We should not tolerate those acts now with Golge or longtime U.S. government employees. As the United States increased pressure on Turkey over Brunson, it simultaneously tried to cut a deal with Erdogan for the freedom of the other detainees. By now, it is abundantly clear that no amount of coaxing will secure their freedom. Any negotiation over their fate would only reward Erdogan’s bad behavior. As with Brunson, only stiff political and economic pressure will work. This week, I introduced the bipartisan Defending United States Citizens and Diplomatic Staff from Political Prosecutions Act of 2019, which would require the president to impose sanctions on all senior Turkish officials responsible for these wrongful detentions, including barring them from travel to the United States and freezing any assets they have here. The bill further calls on President Trump to urge Turkey to restore due-process guarantees and respect for the fundamental freedoms of all its people, thousands of whom are victims of the same sort of politically motivated prosecution and indefinite detention endured by our citizens and consulate personnel. The United States has a particular moral obligation to protect our own citizens. Golge’s wrongful imprisonment at the hands of the Turkish government cannot stand. We also have moral obligations to our local staff overseas. Thousands of citizens of other countries work at U.S. government facilities around the globe, lending their diverse expertise to critical U.S. missions, often at great risk to themselves and their families. The credibility of the United States is at stake in the eyes of these courageous individuals who place their trust and safety in our hands. The fate of their colleagues in Turkey weighs heavily on the minds of our consular staff, as it does on our national conscience. No effort should be spared until they are free.

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