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Torture

The obligation to refrain from torture is a non-derogable human right – it may not be suspended at any time, even during wars or states of emergency. It is also one of the few rights to which there are no exceptions. The Helsinki Commission has addressed issues related to the use of medical personnel in cases of torture or ill treatment, the ability of civil society to monitor and report on torture or ill treatment, torture as an instrument of political oppression, and rehabilitative support for the victims of torture.

Staff Contact: Erika Schlager, counsel on international law

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  • Cardin Statement on the Senate Intelligence Committee Report on Torture

    WASHINGTON – U.S. Senator Ben Cardin (D-Md.), a senior member of the Senate Foreign Relations Committee and chairman of the U.S. Helsinki Commission, released the following statement in response to the Senate Intelligence Committee’s review of the CIA’s detention and interrogation program: “The United States has a solemn obligation to protect human rights both abroad and at home, as we honor our Constitution and international commitments.  Shortly after taking office, President Obama thankfully ended the CIA’s detention and interrogation programs.  The exhaustive report from the Senate Intelligence Committee documents that the CIA’s enhanced interrogation techniques were not effective and violated international commitments and the core principles of the United States. It also resulted in fabricated information and did not lead to the collection of imminent threat intelligence. Years may have passed by since these egregious activities occurred, but the United States must confront the mistakes that were made as we responded to the devastating 9/11 attacks.  We must put in place mechanisms to ensure that these types of abuses never happen again.  America’s reputation and moral leadership in the world are at stake.  We can and must strive to prevent and disrupt future terrorist attacks while continuing to safeguard the core values and human rights we as a Nation hold dear.”

  • The Tyranny You Haven't Heard Of

    You could call it a stealth North Korea: a country in the same league of repression and isolation as the Hermit Kingdom, but with far less attention paid to its crimes. The country is Uzbekistan, one of the Central Asian nations that emerged out of the wreckage of the Soviet Union in 1991. It has brought some unique touches to the conduct of a dictatorship. When political prisoners have served their full terms, they often have their sentences extended for violations such as improperly peeling carrots in the prison kitchen or failing to sweep their cells correctly. At harvest time, millions of students, teachers and other workers are temporarily enslaved to pick cotton to the profit of the regime. It has been known to boil its prisoners alive. But in most ways, it is a classic, hard-core police state, among the worst in the world. Like Zimbabwe, it has a president who will not go away: Islam Karimov, who assumed power as Communist Party boss in 1989. After a quarter-century, Karimov, 76, appears as ensconced as ever, though Uzbekistan’s GDP per capita of $3,800 puts it 171st in the world. Like China, it had its Tiananmen Square massacre: the shooting of hundreds of unarmed protesters in the city of Andijan in 2005, after which the government ramped up its repression nationwide. And like North Korea, it confines in brutal conditions thousands of political prisoners. How many thousands? Probably not the 80,000 to 120,000 who populate North Korea’s gulag. Human rights groups have offered estimates of 10,000 or 12,000. But, as Human Rights Watch noted in a recent report, no one really knows, because, like North Korea, “Uzbekistan has become virtually closed to independent scrutiny.” Foreign correspondents and human rights monitors generally are not granted visas. No U.N. human rights expert has been allowed in since 2002. Even the International Committee of the Red Cross, which is permitted almost everywhere because it never publicly embarrasses a country, had to pull out of Uzbekistan last year because of interference in its attempted prison visits. Drawing the curtains has helped Uzbekistan avoid scrutiny. But the nation has stayed below the radar for another reason, too: The United States and other Western nations have been reluctant to confront Karimov and his regime. They have needed to ship military supplies through Uzbekistan to reach Afghanistan. And as Russian President Vladi­mir Putin has become increasingly hostile, the West has competed with him for the favor of neighboring nations. Thus the tenor of this White House summary of a telephone call between President Obama and Karimov in 2011, unimaginable if Kim Jong Un had been on the other end of the line: “President Obama congratulated President Karimov on Uzbekistan’s 20 years of independence, and the two leaders pledged to continue working to build broad cooperation between our two countries. The President and President Karimov discussed their shared desire to develop a multi-dimensional relationship between the United States and Uzbekistan, including by strengthening the contacts between American and Uzbek civil societies and private sector.” Never mind that Karimov has virtually eradicated Uzbekistan’s “civil sector.” It’s hard to read of such a phone call without thinking of, say, Muhammad Bekjanov, 60, possibly the world’s longest-imprisoned journalist. Uzbek security agents kidnapped Bekjanov in 1999 in Ukraine, where he was living in exile. He has been beaten, shocked, subjected to temporary suffocation (the “bag of death”) and tortured in other ways. He has contracted tuberculosis, and beatings have cost him most of his teeth and much of his hearing. When his term was set to expire in 2012, he was sentenced to another five years for unspecified “violations of prison rules.” Bekjanov’s crime was to have served as editor of an opposition party newspaper. “There may be legitimate national security concerns that the U.S. needs to engage on,” Sarah Margon, Washington director of Human Rights Watch, told me. “That doesn’t mean you have to shove everything else under the rug.” There are some encouraging signs that Congress, at least, may be lifting a corner of that rug. In October the congressional Helsinki Commission, which is chaired by Sen. Ben Cardin (D-Md.) and co-chaired by Rep. Chris Smith (R-N.J.), held a briefing on political prisoners in Uzbekistan. Last week eight senators, including Foreign Relations Committee chairman Robert Menendez (D-N.J.), sent Karimov a letter urging the release of five prisoners, including Bekjanov. These are small steps, but they shine some light on Uzbekistan’s crimes. Karimov cares about his reputation, his access to Western weaponry and his officials’ freedom to travel to Europe and the United States. If Obama also would take some small steps, it might make a big difference to the inmates of Uzbekistan’s invisible gulag.

  • U.S. Helsinki Commission Marks Five-Year Anniversary of Sergei Magnitsky’s Death

    WASHINGTON—Sunday, November 16 marked the five-year anniversary of the death of Sergei Magnitsky, who was arrested by the Russian government following his investigation into fraud involving Russian tax officials. He died in prison after being held for 11 months without trial.   U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: “It is with sadness and respect that we mark the 5th anniversary of the death of Sergei Magnitsky at the hands of Russian government authorities. During the past five years, the crimes that Sergei first exposed have been further documented.  Despite credible evidence of criminal conduct resulting in Mr. Magnitsky’s death, Russian government officials have failed to bring those responsible to justice. “Perhaps worse, the facts of the case – including misappropriation of Russian tax resources and the ensuing cover-up by Russian government officials – have been distorted, to the extent that the Russian government has posthumously prosecuted the late Mr. Magnitsky for the financial crimes perpetrated by those answerable for his death. “After five years, my outrage at the continuing refusal of Russian leaders’ to confront their own transgressions in the death of Sergei Magnitsky has not abated. Instead, I continue to be amazed at how Russian authorities continue to concoct conspiracy theories attributing blame to others, with tragic consequences: they prohibit their young people from participating in U.S. high school exchange programs, strangle political activity and civic involvement of NGOs, and restrict the media.   “The Russian government has forsaken its obligation to ensure for citizens of the Russian Federation the freedoms of expression, assembly and the right to fair, impartial judicial processes. This rejection has consequences for Russia and its people; for its neighbors, especially Ukraine; and more broadly for us all.   “As we remember Sergei Magnitsky and his sacrifice for justice and transparency in Russia, we and our partners must reaffirm our unwavering support for the international commitments to basic freedoms. The Sergei Magnitsky Rule of Law Accountability Act, enacted in 2012, must continue to be used to demonstrate to the world that the voices of those who seek justice and who speak out about human rights violations are heard and valued by the United States of America.”

  • Annual OSCE Human Rights Meeting Dominated by Russia and Ukraine

    Representatives of governments and civil society from OSCE participating States met in Warsaw, Poland, from September 22 to October 3, 2014 for the annual Human Dimension Implementation Meeting (HDIM).  The meeting was organized by the OSCE office for Democratic Institutions and Human Rights (ODIHR) under the leadership of its newly-appointed Director Michael Link. This year’s annual OSCE human dimension implementation meeting drew 1,225 participants from 53 countries, including 700 NGOs.  There were an unprecedented 82 side events on specific countries or issues.  The session on tolerance and nondiscrimination was the most oversubscribed of the three-hour sessions with 85 people vying for the speaker’s list. Other specific topics for HDIM sessions included violence against women, rights of migrants and right of national minorities. In this issue: About the U.S. HDIM Delegation Russia Takes Propaganda Campaign to Warsaw OSCE Ambassadors Visit Auschwitz Civil Society Speaks Up

  • Imprisoned in Uzbekistan: Politically Motivated Cases

    David Killion, chief of staff at the Commission, addressed the limited freedom of expression in the former USSR and the imprisonment of those who speak out against their governments.  Uzbekistan was the focus of the briefing, as it has one of the highest numbers of persons imprisoned on politically motivated charges of any former Soviet country. Human rights activists, journalists, and members of certain religious groups fall victim to restrictive laws and policies that curb basic human rights. He was joined by Steve Swerdlow, Sanjar Umarov, Aygul Bekjan, and Cathy Cosman, who emphasized the consistent reports of widespread abuse and torture in Uzbekistan’s prisons, more than a decade after the United Nations Human Rights Rapporteur on Torture concluded that torture was "systematic" in the country's prisons and detention camps. They referenced the Human Rights Watch report that detailed the cases of 34 of Uzbekistan’s most prominent individuals imprisoned on politically-motivated charges, from poor conduct of trials to mistreatment in prison.

  • Helsinki Commission to Hold Briefing on Politically and Religiously Motivated Imprisonment in Uzbekistan

    WASHINGTON–The United States Helsinki Commission today announced a briefing: “Imprisoned in Uzbekistan: Politically Motivated Cases” Tuesday, October 28, 2014 11:00 a.m. Rayburn House Office Building Room 2200 Uzbekistan has one of the highest numbers of persons imprisoned on politically motivated charges of any former Soviet country. Human rights activists, journalists, and members of certain religious groups fall victim to restrictive laws and policies that curb basic human rights. In addition, there are consistent reports of widespread abuse and torture in Uzbekistan’s prisons, more than a decade after the United Nations Human Rights Rapporteur on Torture concluded that torture was "systematic" in the country's prisons and detention camps. Human Rights Watch has issued a new report detailing the cases of 34 of Uzbekistan’s most prominent individuals imprisoned on politically-motivated charges, from poor conduct of trials to mistreatment in prison. While some governments claim that ensuring stability and fighting extremism are paramount, laws restricting political participation, independent journalism, civil society, and freedom of religion may have the opposite effect. This briefing will discuss the Human Rights Watch report and look at what impact such cases may have in Uzbekistan, as well as hear about the human cost directly from a former prisoner and a family member of a current prisoner. Briefers: Steve Swerdlow, Esq., Human Rights Watch Central Asia Researcher and Director, Bishkek Office Dr. Sanjar Umarov, Former political prisoner Aygul Bekjan, Daughter of imprisoned journalist Muhammad Bekjanov Cathy Cosman, Senior Policy Analyst, United States Commission on International Religious Freedom

  • U.S. Helsinki Commission to Hold Briefing on Human Rights in Turkmenistan

    WASHINGTON - The Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today announced the following briefing: Disappeared in Turkmenistan’s Prisons: Are They Still Alive?  Thursday, February 20, 2014 3:00 p.m. Cannon House Office Building Room 122 Ten years ago, the Organization for Cooperation in Europe’s Moscow Mechanism was invoked against Turkmenistan after hundreds were arrested in the wake of an alleged coup attempt. The resulting report detailed the lack of rule of law during the arrest process and subsequent trials, as well as the absence of information about the health and whereabouts of those imprisoned. And despite years of inquiries and a change in regime in Turkmenistan, the fate of many of those who have disappeared into Turkmenistan’s prisons over the past ten years remains unknown. Their families deserve answers, and this briefing will take a new look at these cases. Turkmenistan has been characterized as one of the world’s most repressive countries, with virtually no freedom of expression, association, or assembly. The U.S. Commission on International Religious Freedom again recommended in 2013 that the Secretary of State designate Turkmenistan a “country of particular concern,” and the State Department placed Turkmenistan on its “Tier 2 Watch List” for trafficking in persons - the second lowest category. Imprisonment has been used as a tool for political retaliation against those who do speak out, and Turkmenistan’s prisons – closed to outside monitoring - are notorious for torture, poor conditions, and disease. The following panelists are scheduled to participate: Rachel Denber, Deputy Director, Europe and Central Asia Division, Human Rights Watch Catherine Fitzpatrick, Independent Expert on Eurasia Peter Zalmayev, Director, Eurasia Democracy Initiative Kate Watters, Executive Director, Crude Accountability Boris Shikmuradov, Editor, Gundogar.org

  • Healing the Wounds of Conflict and Disaster: Clarifying the Fate of Missing Persons in the OSCE Area

    The hearing examined efforts by governments and their partners in clarifying the fate of persons missing within a number of OSCE participating States and partner countries, especially in the western Balkans and northern Caucasus. The hearing also appraised the adequacy of assistance to governments and other entities engaged in locating missing persons, the obstacles that impede progress in some areas, as well as how rule of law mechanisms help governments fulfill their obligations to the affected families and society in clarifying the fate of missing persons. Currently, over a million persons are reported missing from wars and violations of human rights. In addition, there are thousands of reported cases a year of persons missing from trafficking, drug-related violence, and other causes. Locating and identifying persons missing as a result of conflicts, trafficking in humans and human rights violations and other causes remains a global challenge, with significant impact within the OSCE area.

  • Human Rights Play on Magnitsky Murder

    Kyle Parker introduced the briefing, which followed a performance of the play “One Hour Eighteen,” based on the final moments in the life of Russian whistleblower Sergei Magnitsky. After exposing the largest tax fraud in Russian history, Magnitsky was wrongly arrested and tortured in prison. Six months later he became seriously ill and was consistently denied medical attention despite 20 formal requests. On the night of November 16, 2009, he went into critical condition, but instead of being treated in a hospital he was put in an isolation cell, chained to a bed, and beaten by eight prison guards for one hour and eighteen minutes. Sergei Magnitsky was 37 years old and left behind a wife and two children. Those responsible for this crime have yet to be punished and his story has become a global human rights cause and is emblematic of corruption, violence, and impunity in Russia. Parker was joined by Ury Urnov, director of “One Hour Eighteen,”  in discussing the play as an emblematic example of the devastating human cost of corruption and the lack of rule of law in Russia. The play juxtaposed the moving and chilling testimony and documents from Magnitsky's diary; a radio interview with his mother; two judges; a prison doctor and paramedic; an investigator; and a young ambulance paramedic.  

  • U.S. Congressman Pledges to Push for ICC Indictment of Belarusian President Lukashenka

    The chairman of the U.S. Helsinki Commission has pledged to call on the Obama administration to push for the indictment of hard-line Belarusian President Alyaksandr Lukashenka by the International Criminal Court (ICC). While the chances of an indictment are unlikely, the pledge by Representative Chris Smith (Republican, New Jersey) was a clear sign that U.S. lawmakers have not forgotten the egregious human rights situation in the country ruled by the man some dub "Europe's last dictator." At a Helsinki Commission hearing that focused on Minsk's continuing crackdown on political opposition and civil society, Smith said he would send a letter to members of the Obama administration and the UN Security Council asking them to push for the indictment. In an interview with RFE/RL, he later said, "When you commit atrocities for 17 years, as [Lukashenka] has done, the time has come." "[Although] Belarus is not a signatory to the ICC, to the Rome Statute -- and nor are we, frankly -- we've done this before, and we did it with [President Omar al-] Bashir in Sudan. It will take a lot of work, but we need to begin that effort now to get the [UN] Security Council to make a special referral to begin that process," he said. "I'm sure China and Russia will object, but that's worth the fight, because this man commits atrocities on a daily basis against his own people," Smith added. The congressman made his pledge following the testimony of former Belarusian presidential candidate Ales Mikhalevich, who is in Washington for the first time since his release from a detention center in Minsk on February 19. Mikhalevich was one of seven opposition candidates and more than 600 people arrested during the regime's violent crackdown on protesters following Lukashenka's disputed reelection in December 2010. The official reaction to demonstrations drew widespread international condemnation and a coordinated sanctions program by Brussels and Washington. The financial and travel restrictions were accompanied by a boost in funding for the country's beleaguered civil society, journalists, and activists. As the one-year anniversary of the election approaches, watchdogs say the jailing and harassment of human rights defenders and protesters continues, while the independent media and judiciary face intense, often institutionalized, pressure. Mikhalevich says he had to sign agreement on collaborating with the Belarusian state security forces, which are still called the KGB, in order to secure his release. He has since been granted political asylum in the Czech Republic. Ahead of meetings with State Department officials and Washington-based NGOs, he told U.S. lawmakers that supporting Belarusian civil society -- and not holding out hope that Lukashenka will reform -- is the only way to effect change. "I'm absolutely sure that Lukashenka is ready to defend his power by all possible means. Unfortunately, we can compare Lukashenka with [former Libyan leader Muammar] Qaddafi. So I urge the United States, the European Union, and the international community not to trust another game of liberalization badly played by the regime," he said. "Cooperate only with independent civil society in Belarus: nongovernmental organizations, both unregistered and registered, independent newspapers and media, and democratic activists." Analysts say Lukashenka has long employed the tactic of pledging to loosen to grip on the country in exchange for a reprieve from sanctions -- a tactic that has worked in the past. Observers say he has also sought to capitalize on rifts between the United States and the EU, as well as between neighboring Russia and the West, to inhibit united action against his regime. After testifying, Mikhalevich told RFE/RL that he hoped the United States would more fully take on the role of "bad cop" if the EU, which borders Belarus and relies on it as a transit country for gas from Russia, hesitates to do so. "I'm absolutely sure than in order to succeed, the international community should have both the good cop and bad cop. Someone should play the role of the bad cop, and unfortunately, the European Union would not play this role. So I hope that the United States will be ready to do it," Mikhalevich said. Mikhalevich also offered a harrowing account of what he called "constant mental and physical torture" during his two months in custody, including being "stripped naked and forced to assume various positions." "Our legs were pulled apart with ropes and we could feel our ligaments tear," Mikhalevich said in his prepared remarks. Smith appeared visibly moved by account. "Rather than calling them the KGB, it ought to be called the KGB 'P' for 'perverts.' Masked men who strip other men naked, and women, presumably, as well -- those are acts of perversion that should not go unnoticed by the international community," said the Congressman. In July, the U.S. House of Representatives approved a bill sponsored by Smith that would strengthen existing sanctions against Minsk. It is awaiting consideration in the Senate. Smith told RFE/RL that Western attention on the situation in Belarus had been "obscured" to some extent by the events of the Arab Spring, and especially by the global economic downturn. He said that pushing for ICC action would be a sign that human rights are not "taking a back seat." "I've been very much involved for years in the special [UN-backed] court that [U.S. prosecutor] David Crane oversaw for Sierra Leone, and what I learned from that, and from the Rwandan court, and of course from the Yugoslav court, which held [Slobodan] Milosevic and [Ratko] Mladic and [Radovan] Karadzic to account, is that these thugs are frightened by the fact that they may be held to account. And Lukashenka will fear it, I believe, if we make a very serious effort to hold him to account at the International Criminal Court," said Smith. Mikhalevich told RFE/RL that he thinks the chances of ICC action against Lukashenka are slim, but that the prospect of such a move could help pressure the regime to release its political prisoners. "I think that definitely, it's very difficult to organize any [such] political process unless thousands of people are being killed, but still, it's necessary to do all attempts," he said. "And you never know how this regime will develop -- and how many victims we will have next year."

  • Senators Cardin and McCain Engage in a Colloquy on the Magnitsky Act

    Mr. McCAIN. Madam President, I ask unanimous consent that the order for the quorum call be rescinded. The PRESIDING OFFICER. Without objection, it is so ordered. The Senator from Arizona is recognized. Mr. McCAIN. I thank the Chair. Mr. President, in a few minutes my colleague from Maryland, Senator Cardin, will be introducing a bill which I am a cosponsor of, along with a large bipartisan group of our colleagues. I wish to emphasize at the outset that some may characterize this legislation as anti-Russian. In fact, I believe it is pro-Russian. It is pro the people of Russia. It is pro the people who stand up for human rights and democracy in that country which, unfortunately, seems to be sadly deprived of. This legislation, as my colleague and friend Senator Cardin will describe, requires the Secretary of State, in consultation with the Secretary of the Treasury, to publish a list of each person whom our government has reason to believe was responsible for the detention, abuse, or death of Sergei Magnitsky ; participated in efforts to conceal the legal liability for these crimes; committed those acts of fraud that Magnitsky uncovered; is responsible for extrajudicial killings, torture, or other gross violations of human rights committed against individuals seeking to expose illegal activities in Russia or exercise other universally recognized human rights. Second, the individuals on that list would become the target of an array of penalties, among them, ineligibility to receive a visa to travel. They would have their current visas revoked, their assets would be frozen that are under U.S. jurisdiction, and U.S. financial institutions would be required to audit themselves to ensure that none of these individuals are able to bank excess funds and move money in the U.S. financial system. I guess the first question many people will be asking is who was Sergei Magnitsky ? Who was this individual who has aroused such outrage and anger throughout the world? He was a tax attorney. He was a tax attorney working for an international company called Hermitage Capital that had invested in Russia. He didn't spend his life as a human rights activist or an outspoken critic of the Russian Government. He was an ordinary man. But he became an extraordinary champion of justice, fairness, and the rule of law in Russia where those principles, frankly, have lost meaning. What Sergei Magnitsky did was he uncovered a collection of Russian Government officials and criminals who were associated with the Russian Government officials who colluded to defraud the Russian state of $230 million. The Russian Government in turn blamed the crime on Heritage Capital and threw Magnitsky in prison in 2008. Magnitsky was detained for 11 months without trial. Russian officials, especially from the Interior Ministry, pressured Magnitsky to deny what he had uncovered--to lie and to recant. He refused. He was sickened by what his government had done and he refused to surrender principle to brute power. As a result, he was transferred to increasingly more severe and more horrific prison conditions. He was forced to eat unclean food and water. He was denied basic medical care as his health worsened. In fact, he was placed in even worse conditions until, on November 16, 2009, having served 358 days in prison, Sergei Magnitsky died. He was 37 years old. Sergei Magnitsky's torture and murder--let's call it what it really was--is an extreme example of a problem that is unfortunately all too common and widespread in Russia today: the flagrant violations of the rule of law and basic human rights committed by the Russian Government itself, along with its allies. I note the presence of my colleague and lead sponsor of this important legislation. I hope in his remarks perhaps my friend from Maryland would mention the latest in the last few days which was the affirmation of the incredible sentence on Mr. Mikhail Khodorkovsky and his associate which is, in many ways, tantamount to a death sentence; again, one of these blatant abuses of justice and an example of the corruption that exists at the highest level of government. I wish to say again I appreciate the advocacy of my colleague from Maryland and his steadfast efforts on behalf of human rights in Russia, Belarus, and other countries. It has been a great honor to work with him and for him in bringing this important resolution to the floor of the Senate. I ask unanimous consent that at the appropriate time, the Senator from Maryland and I be allowed to engage in a colloquy. The PRESIDING OFFICER. Without objection, it is so ordered. The Senator from Maryland. Mr. CARDIN. Mr. President, let me thank Senator McCain, not just for taking time for this colloquy concerning Mr. Magnitsky but for his longstanding commitment to justice issues, human rights issues, and the values the United States represents internationally. We have had a long, proud, bipartisan, and, most importantly, successful record of promoting basic American values such as democratic governance and the rule of law around the world. Engaging the countries of the Eastern Bloc in matters such as respect for human rights was critical to winning the cold war. We will never know how many lives were improved and even saved due to instruments such as the Helsinki Final Act and the Jackson-Vanik amendment. These measures defined an era of human rights activism that ultimately pried open the Iron Curtain and brought down the Wall. Thankfully, the cold war is over and we have a stronger relationship, both at the governmental and societal levels, with countries in Eastern Europe. But, sadly, internationally recognized rights and freedoms continue to be trampled and, in many cases, with absolute impunity. With the possibility of Russia's accession to the World Trade Organization, and the Presidents of the United States and Russia meeting in France, ours is a timely discussion. Last week, I joined my distinguished colleague, the Senator from Arizona, and 14 other Senators from both parties to introduce the Sergei Magnitsky Rule of Law Accountability Act--a broad bill to address what the respected watchdog Transparency International dubbed a ``systematically corrupted country'' and to create consequences for those who are currently getting away with murder. Actions always speak louder than words. The diplomatic manner of dealing with human rights abuses has frequently been to condemn the abusers, often publicly, with the hope that these statements will be all they need to do. They say oh, yes, we are against these human rights violations. We are for the rule of law. We are for people being able to come forward and tell us about problems and be able to correct things. They condemn the abusers, but they take no action. They think their words will be enough. Well, we know differently. We know what is happening today in Russia. We know the tragedy of Sergei Magnitsky was not an isolated episode. This is not the only time this has happened. My colleague from Arizona mentioned the Mikhail Khodorkovsky case. Mr. Khodorkovsky is today in prison with even a longer sentence. Why? Because he had the courage to stand up and oppose the corrupt system in Russia and something should be done about it. That is why he is in prison, and that is wrong. So it is time we do something about this and that we make it clear that action is needed. For too long, the leaders in Russia have said we are going to investigate what happened to Sergei Magnitsky . We think it is terrible he died in prison without getting adequate medical care. As Senator McCain pointed out, here is a person whose only crime was to bring to the proper attention of officials public corruption within Russia. As a result of his whistleblowing, he was arrested and thrown in jail and died in jail. He was tortured. That cannot be allowed, to just say, Oh, that is terrible. We know the people who were responsible. In some cases they have been promoted in their public positions. Well, it is time for us to take action. That is why we have introduced this legislation. While this bill goes far beyond the tragic experiences of Sergei Magnitsky , it does bear his name, so let me refresh everyone's recollection with some of the circumstances concerning his death. I mention this because some might say, why are we talking about one person? But as the Soviet dictator Joseph Stalin said, ``One death is a tragedy; one million is a statistic.'' I rarely agree with Dictator Stalin, but we have to put a human face on the issue. People have to understand that these are real people and real lives that have been ruined forever as a result of the abuses within Russia. Sergei was a skilled tax lawyer who was well known in Moscow among many Western companies, large and small. In fact, he even did some accounting for the National Conference on Soviet Jewry. Working at the American law firm of Firestone Duncan, Sergei uncovered the largest known tax fraud in modern Russian history and blew the whistle on the swindling of his fellow citizens by corrupt officials. For that he was promptly arrested by the subordinates of those he implicated in the crime. He was held under torturous conditions in detention for nearly a year without trial or visits from family. He developed severe medical complications which went deliberately untreated, and he died on November 16, 2009, alone in an isolation cell while prison doctors waited outside his door. Sergei was 37 years old. He left behind a wife, two sons, a dependent mother, and so many friends. Shortly after his death, Philip Pan of the Washington Post wrote: Magnitsky's complaints, made public by his attorneys as he composed them, went unanswered while he lived. But in a nation where millions perished in the Soviet gulag, the words of the 37-year-old tax lawyer struck a nerve after he died ..... his descriptions of the squalid conditions he endured have been splashed on the front pages of newspapers and discussed on radio and television across the country, part of an outcry even his supporters never expected. I think Senator McCain and I would agree, there is a thirst for democracy around the world. People in Russia want more. They want freedom. They want accountability. They want honest government officials. They are outraged by what happened to Sergei Magnitsky . I would point out just last week I met with a leader of the Russian business community who came here and traveled at some risk, I might say. Just visiting me was a risk. We have people from Russia who are being questioned because they come and talk to us. But he said to me that what happened here needs to be answered by the Russian authorities. He understands why we are introducing this legislation. A year after his death, and with no one held accountable, and some of those implicated even promoted and decorated, The Economist noted: At the time, few people outside the small world of Russian investors and a few human-rights activists had heard of Mr. Magnitsky . A year later, his death has become a symbol of the mind-boggling corruption and injustice perpetrated by the Russian system, and the inability of the Kremlin to change it. Regrettably, we know Sergei's case, egregious as it is, is not isolated. Human rights abuses continue unpunished and often unknown across Russia today. To make this point more clear, let's look at another example far outside the financial districts of Moscow and St. Petersburg in the North Caucasus in southern Russia where Chechen leader, Ramzan Kadyrov, condones and oversees massive violations of human rights, including violations of religious freedom and the rights of women. His militia also violates international humanitarian laws. As of this April, the European Court of Human Rights has ruled against Russia in 186 cases concerning Chechnya, most involving civilians. So Sergei Magnitsky's case is not an isolated case of abuse by the Russian authorities. There has been a systematic effort made to deny people their basic human rights, including one individual, Natalia Estemirova, who personally visited my office at the Helsinki Commission. She was a courageous human rights defender who was brutally assassinated. So it is time for Russia to take action. But we cannot wait; we need to take action. Mr. McCAIN. Will the Senator yield for a question? Mr. CARDIN. I yield back to my colleague. Mr. McCAIN. First, I thank my colleague from Maryland for a very eloquent and, I think, very strong statement, to which I can add very little. But isn't it true, I ask my friend, that this Magnitsky case and the Khodorkovsky case, which I would like for us to talk a little bit more about, are not isolated incidents? In other words, this is the face of the problem in Russia today. As the Senator mentioned, in its annual index of perceptions of corruption, Transparency International ranked Russia 154th out of 178 countries--perceived as more corrupt than Pakistan, Yemen, and Zimbabwe. The World Bank considers 122 countries to be better places to do business than Russia. One of those countries is Georgia, which the World Bank ranks as the 12th best country to do business. In other words, isn't it true in the Magnitsky case, it is what has been taking place all across Russia, including this incredible story of Khodorkovsky, who was one of the wealthiest men in Russia, one of the wealthiest oligarchs who rebelled against this corruption because he saw the long-term consequences of this kind of corruption and was brought to trial, convicted, and then, when his sentence was completed, they charged him again? Talk about a corrupt system, isn't it true that Vladimir Putin said he should ``sit in jail,'' and we now know that the whole trial was rigged, as revealed by people who were part of the whole trial? In other words, isn't it true, I would ask my friend from Maryland, that what we are talking about is one human tragedy, but it is a tragedy that is unfolding throughout Russia that we do not really have any knowledge of? And if we allow this kind of abuse to go on unresponded to, then, obviously, we are abrogating our responsibilities to the world; isn't that true? Mr. CARDIN. I say to Senator McCain, you are absolutely right. This is not isolated. Magnitsky is not an isolated case of a lawyer doing his job on behalf of a client and being abused by the authorities. We have a lot of examples of lawyers trying to do their jobs and being intimidated and their rights violated. But in Mr. Khodorkovsy's case, we have a business leader who was treated the same way just because he was a successful business leader. Even worse, he happened to be an opponent of the powers in the Kremlin. So we are now seeing, in Russia, where they want to quell opposition by arresting people who are just speaking their minds, doing their business legally, putting them in prison, trying them, and in the Khodorkovsky case actually increasing their sentences the more they speak out against the regime. That is how authoritarian they want to be and how oppressive they are to human rights. But I could go further. If one is a journalist in Russia, and they try to do any form of independent journalism, they are in danger of being beaten, being imprisoned, being murdered. It is very intimidating. The list goes on and on. Mr. McCAIN. Could I ask my colleague, what implications, if any, does the Senator from Maryland believe this should have on the Russian entry into the World Trade Organization? Mr. CARDIN. Well, it is very interesting, I say to Senator McCain. I just came from a Senate Finance Committee hearing, and we were talking about a free-trade agreement. I am for free-trade agreements. I think it makes sense. It is funny, when a country wants to do trade with the United States, they all of a sudden understand they have to look at their human rights issues. I think all of us would like to see Russia part of the international trade community. I would like to see Russia, which is already a member of a lot of international organizations, live up to the commitments they have made in joining these international organizations. But it is clear to me that Russia needs to reform. If we are going to have business leaders traveling to Russia in order to do business, I want to make sure they are safe in Russia. I want to make sure they are going to get the protection of the rule of law in Russia. I want to make sure there are basic rights that the businesspeople in Russia and the United States can depend upon. So, yes, I understand that Russia would like to get into the WTO. We have, of course, the Jackson-Vanik amendment that still applies. I understand the origin of that law, and I understand what needs to change in order for Russia to be able to join the World Trade Organization. But I will tell you this: The best thing that Russia can do in order to be able to enter the international trade regime is to clean up its abuses in its own country, to make clear it respects the rule of law; that businesspeople will be protected under the rule of law and certainly not imprisoned and tortured, as in the cases of Mr. Khodorkovsky and Mr. Magnitsky . We do not want to see that type of conduct. If Russia would do that, if they would reform their systems, then I think we would be a long way toward that type of integration and trade. Mr. McCAIN. I thank my colleague from Maryland for an eloquent statement about the situation as regards Russia. I thank him, and I can assure my colleague from Maryland that, as we speak, this will provide--and this legislation which he has introduced, will provide--some encouragement to people who in Russia now, in some cases, have lost almost all hope because of the corruption of the judicial system, as well as other aspects of the Russian nation. We all know that no democracy can function without the rule of law; and if there are ever two examples of the corruption of the rule of law, it is the tragedy of Sergei Magnitsky and, of course, Mr. Khodorkovsky, who still languishes in prison; who, in his words, believes he--by the extension of his prison sentence--may have been given a death sentence. So I thank my colleague from Maryland. Mr. CARDIN. Will my colleague yield for just one final comment? I think the Senator is right on target as to what he has said. I appreciate the Senator bringing this to the attention of our colleagues in the Senate. I will respond to one other point because I am sure my colleague heard this. Some Russian officials say: Why are we concerned with the internal affairs of another country? I just want to remind these Russian officials, I want to remind my colleagues here, that Russia has signed on to the Helsinki Final Act. They did that in 1975, and they have agreed to the consensus document that was issued in Moscow in 1991 and reaffirmed just last year with the heads of state meeting in Astana, Kazakhstan, just this past December. I am going to quote from that document: The participating States-- Which Russia is a participating state-- emphasize that issues relating to human rights, fundamental freedoms, democracy and the rule of law are of international concern, as respect for these rights and freedoms constitutes one of the foundations of international order. They categorically and irrevocably declared that the commitments undertaken in the field of the human dimension are matters of direct and legitimate concern to all participating States-- The United States is a participating state-- and do not belong exclusively to the internal affairs of the State concerned. Mr. McCAIN. That was a statement by the Government of Russia? Mr. CARDIN. That was a statement made by the 56 states of the OSCE at a meeting of the Heads of State, which happens about every 10 years. It just happened to have happened last year. Russia participated in drafting this statement. Russia was there, signed on to it, and said: We agree on this. It is a reaffirmation as to what they agreed to in 1991 in Moscow where we acknowledged that it is of international interest, and we have an obligation and right to question when a member state violates those basic human dimension commitments. Russia clearly has done that. We have not only the right but the obligation to raise that, and I just wanted to underscore that to my colleagues. I say to Senator McCain, your comments on the Senate floor are so much on point. I think people understand it. They understand the basic human aspect to this. But sometimes they ask: Well, why should America be concerned? Do we have a legitimate right to question this? Russia signed the document that acknowledges our right to challenge this and raise these issues. I thank my colleague for yielding. Mr. McCAIN. I thank my colleague from Maryland, and I hope we would get, very rapidly, another 98 cosponsors. I suggest the absence of a quorum. The PRESIDING OFFICER. The clerk will call the roll. The legislative clerk proceeded to call the roll.  

  • Russia: U.S. Congressmen Propose Sanctions in Lawyer’s Death

    Members of the United States Congress introduced legislation on Wednesday that would impose financial sanctions and visa bans on Russian officials implicated in the case of Sergei L. Magnitsky, a Russian lawyer who died in prison in Moscow in November after being ensnared in tax inquiry. The measure’s sponsors — including Senator Benjamin L. Cardin, a Maryland Democrat, and Representative Jim McGovern, a Massachusetts Democrat — said it was intended to spur the Russian government to properly investigate Mr. Magnitsky’s death. His defenders contend that he was jailed in an effort to force him to falsify testimony against Hermitage Capital Management, a major foreign investment fund that once had large holdings in Russia. His death caused widespread outrage and focused renewed attention on police tactics and corruption in Russia.

  • U.S. Lawmakers Push Visa Sanctions in Russian Case

    More than 60 Russians linked to the death of an anti-corruption lawyer would be barred from the United States and its financial markets under a bill introduced in the Congress on Wednesday. The measure says that sanctions would be lifted only after Russia brings to justice those responsible for the 2009 death of Sergei Magnitsky, a lawyer for what was once Russia's top equity fund, Hermitage. But the bill, introduced by Senator Benjamin Cardin and Representative James McGovern, both Democrats, faces a steep climb to get passed before Congress completes its work for the year. Human rights activists charge that Russian authorities subjected Magnitsky to conditions amounting to torture in a failed bid to force him to testify in their favor in a battle with Hermitage over a $234 million tax fraud scheme. Magnitsky died after being repeatedly denied medical treatment in pre-trial detention. He had accused Russian officials of stealing the millions of tax dollars paid by his client. A Democratic aide said the bill has drawn bipartisan interest and lawmakers might get to it when they return to Washington after the November 2 congressional election for what is expected to be a final few weeks of work. "Nearly a year after Sergei's death, the leading figures in this scheme remain in power in Russia," said Cardin, who also chairs the human rights monitoring U.S. Helsinki Commission, an independent federal agency. "If we expect any measure of justice in this case, we must act in the United States," said Cardin. "At the least, we can and should block these corrupt individuals from traveling and investing their ill-gotten money in our country."

  • Opening a Second Front

    The death in prison of Sergei Magnitsky, a young Russian lawyer, remains one of the darkest scandals in the blotchy history of Russia's criminal justice system, exemplifying a culture of impunity in which power and wealth are fungible, and those who get in the way get squashed. Mr Magnitsky died of untreated pancreatis in pre-trial detention. He hadaccused Russian officials of stealing millions of tax dollars paid by his client, Hermitage Capital Management. Energetic lobbying by the head of Hermitage, the American-born financier Bill Browder, now seems to be getting somewhere. Two senior American lawmakers, Senator Benjamin L. Cardin (a Democrat from Maryland), who is Chairman of the congressional Helsinki Commission and James P. McGovern (a Democratic congressman from Massachussetts), who chairs the Tom Lantos Human Rights Commission, have introduced laws that would prohibit some 60-odd Russian officials linked to his death from visiting the United States, and freeze any assets they hold under American jurisdiction. (The Russian officials concerned have either made no public comment, or deny all wrongdoing). Mr Cardin said: “Nearly a year after Sergei’s death, the leading figures in this scheme remain in power in Russia. It has become clear that if we expect any measure of justice in this case, we must act in the United States...At the least we can and should block these corrupt individuals from traveling and investing their ill-gotten money in our country.” Mr McGovern said: “I have introduced the ‘Justice for Sergei Magnitsky Act of 2010’ in the House of Representatives as a direct consequence of the compelling testimony at a hearing on human rights in the Russian Federation in the Tom Lantos Human Rights Commission. The death of this courageous whistleblower in a Russian prison is the consequence of an abysmal prison system and corruption aimed at defrauding the Russian Treasury of billions. We know about Sergei Magnitsky, and we know about Mikhail Khodorkovsky, but how many more Magnitskys and Khodorkovskys are currently suffering in Russian prisons? My bill addresses the root causes of these severe human rights violations -- the Russian prison system and official corruption. We should not rest until justice is achieved in Sergei’s case, and the money is returned to its rightful owners -- the people of the Russian Federation."

  • OSCE Parliamentary Assembly Session in Oslo

    Mr. CARDIN. Mr. President, I want to report on the activities of a bicameral, bipartisan congressional delegation I had the privilege to lead last week as chairman of the Helsinki Commission. The purpose of the trip was to represent the United States at the 19th Annual Session of the Parliamentary Assembly of the Organization for Security and Cooperation in Europe, otherwise known as the OSCE PA. The annual session this year was held in Oslo, Norway, and the U.S. delegation participated fully in the assembly's standing committee, the plenary sessions, the three general committees and numerous side events that included discussion of integration in multiethnic societies and addressing gender imbalances in society.  Although some last-minute developments at home compelled him to remain behind, our colleague from the other Chamber, Mr. Alcee Hastings of Florida, was present in spirit as the deputy head of the delegation. Mr. Hastings, who co-chairs the Helsinki Commission, was very active in the preparations for the trip, and his legacy of leadership in the OSCE PA--for over a decade--is tangible in the respect and goodwill afforded the United States during the proceedings.  Our assistant majority leader, Mr. Durbin of Illinois, joined me on the trip, as he did last year. Our colleague from New Mexico who serves as a fellow Helsinki Commissioner, Mr. Udall, also participated. Helsinki Commissioners from the other Chamber who were on the delegation include Mr. Christopher Smith of New Jersey, serving as the ranking member of the delegation, as well as Mrs. Louise McIntosh Slaughter of New York, and Mr. Robert Aderholt of Alabama. Although not a member of the Helsinki Commission, Mr. Lloyd Doggett of Texas has a longstanding interest in OSCE-related issues and also participated on the delegation.  As many of you know, the OSCE Parliamentary Assembly was created within the framework of the OSCE as an independent, consultative body consisting of over 300 Parliamentarians from virtually every country in Europe, including the Caucasus, as well as from Central Asia, and the United States, and Canada. The annual sessions are held in late June/early July as the chief venue for debating issues of the day and issuing a declaration addressing human rights, democratic development and the rule of law; economic cooperation and environmental protection; and confidence building and security among the participating states and globally.  This active congressional participation helps ensure that matters of interest to the United States are raised and discussed. Robust U.S. engagement has been the hallmark of the Parliamentary Assembly since its inception nearly 20 years ago.  The theme for this year's annual session was ``Rule of Law: Combating Transnational Crime and Corruption.'' In addition to resolutions for each of the three general committees, delegations introduced a total of 35 additional resolutions for consideration, a record number, including 4 by the United States dealing with:  Nuclear security , which followed up directly on the Nuclear Summit here in Washington in April;  The protection of investigative journalists, a critical human rights issue as those who seek to expose corruption are targeted for harassment or worse;  Mediterranean cooperation, building on the OSCE partnerships to engage important countries in North Africa and the Middle East; and  Combating the demand for human trafficking and electronic forms of exploitation, a longstanding Helsinki Commission issue requiring persistence and targeted action.  U.S. drafts on these relevant, important topics received widespread support and were adopted with few if any amendments.  Beyond these resolutions, the United States delegation also undertook initiatives in the form of packages of amendments to other resolutions. These initiatives addressed:  The needs of the people of Afghanistan in light of the smuggling and other criminal activity which takes place there. The struggle for recovery stability and human rights in Kyrgyzstan, which is an OSCE state in the midst of crisis. And  Manifestations of racism and xenophobia that have become particularly prevalent in contemporary Europe. A critical U.S. amendment allowed us generally to support a French resolution that usefully addressed issues relating to the closure of the detention facility in Guantanamo Bay. Still other amendments coming from specific members of the U.S. Delegation covered a wide range of political, environmental and social issues relevant to policymakers. My colleagues and I were also active in the successful countering of amendments that would have steered resolutions on the Middle East and on the future of the OSCE multilateral diplomatic process in directions contrary to U.S. policy.  Beyond the consideration of the resolutions which now comprise the Oslo Declaration, the annual session also handled some important affairs for the OSCE PA itself. These, too, had relevance for U.S. policy interests:  the American serving as OSCE PA Secretary General, Spencer Oliver, was reappointed to a new 5-year term; a modest--and for the third fiscal year in a row--frozen OSCE PA budget of about $3 1/2 million was approved that requires continued and unparalleled efficiency in organizing additional conferences, election observation missions, and various other activities that keep the Parliamentary Assembly prominently engaged in European and Central Asian affairs;  in addition to my continued tenure as a vice president in the Parliamentary Assembly, Mr. Aderholt of Alabama was reelected as the vice chair of the general committee dealing with democracy, human rights, and humanitarian questions which ensures strong U.S. representation in OSCE PA decision-making; and a Greek parliamentary leader defeated a prominent Canadian senator in the election of a new OSCE PA president, following a vigorous but friendly campaign that encouraged the assembly to take a fresh look at itself and establish a clearer vision for its future.  While the congressional delegation's work focused heavily on representing the United States at the OSCE PA, we tried to use our presence in Europe to advance U.S. interests and express U.S. concerns more broadly. The meeting took place in Norway, a very close friend and strong, long-time ally of the United States of America. In discussions with Norwegian officials, we expressed our sorrow over the recent deaths of Norwegian soldiers in Afghanistan. We also shared our concerns about climate change and particularly the impact global warming has on polar regions  Indeed, on our return we made a well-received stop on the archipelago of Svalbard, well north of the Arctic Circle, to learn more about the impact firsthand, from changing commercial shipping lanes to relocated fisheries to ecological imbalance that make far northern flora and fauna increasingly vulnerable. The delegation also visited the Svalbard Global Seed Vault, a facility that preserves more than 525,000 types of seeds from all over the world as a safeguard for future crop diversity, and took the opportunity to donate additional U.S. seeds to the collection.  Norway is located close to a newer, but also very strong, ally with close ties to the United States, Estonia. Since last year's delegation to the OSCE PA Annual Session went to Lithuania and included Latvia as a side trip, I believed it was important to utilize the opportunity of returning to northern Europe to visit this Baltic state as well.  While some remained in Oslo to represent the United States, others traveled to Tallinn, where we had meetings with the President, Prime Minister, and other senior government officials, visited the NATO Cooperative Cyber-Defense Center of Excellence and were briefed on electronic networking systems that make parliament and government more transparent, efficient and accessible to the citizen. Estonia has come a long way since it reestablished its independence from the Soviet Union almost 20 years ago, making the visit quite rewarding for those of us on the Helsinki Commission who tried to keep a spotlight on the Baltic States during the dark days of the Cold War.  During the course of the meeting, the U.S. delegation also had bilateral meetings with the delegation of the Russian Federation and a visiting delegation from Kyrgyzstan to discuss issues of mutual concern and interest.  U.S. engagement in the OSCE Parliamentary Assembly sends a clear message to those who are our friends and to those who are not that we will defend U.S. interests and advance the causes of peace and prosperity around the world.

  • 2008 Human Dimension Implementation Meeting

    The OSCE’s 2008 Human Dimension Implementation Meeting offered an opportunity to review compliance on a full range of human rights and humanitarian commitments of the organization’s participating States. Tolerance issues featured prominently in the discussions, which included calls for sustained efforts to combat anti-Semitism and other forms of discrimination. A U.S. proposal for a high-level conference on tolerance issues in 2009, however, met with only tepid support. Core human rights issues, including freedom of speech and freedom of religion, continued to draw large numbers of speakers. Throughout the discussions, non-governmental organizations (NGOs) expressed concern about Kazakhstan’s failure to implement promised reforms and questioned its readiness to serve as OSCE Chair-in-Office in 2010. Greece, slated to assume the chairmanship in January, came under criticism for its treatment of ethnic minorities. As in the past, the United State faced criticism for retaining the death penalty and for its conduct in counter-terrorism operations. Belarusian elections, held on the eve of the HDIM, came in for a round of criticism, while Russia continued to advocate proposals on election observation that would significantly limit the OSCE’s independence in such activities. Finally, discussion of the Russia-Georgia conflict was conspicuous by its near absence, though related human rights and humanitarian concerns will likely receive more prominence in the lead up to and during the December OSCE Ministerial in Helsinki. Background From September 29 to October 10, 2008, the OSCE participating States met in Warsaw, Poland, for the annual(1) Human Dimension Implementation Meeting (HDIM). The HDIM is Europe’s largest human rights gathering, convened to discuss compliance by the participating States with the full range of human dimension commitments they have all adopted by consensus. The meeting was organized by the OSCE Office for Democratic Institutions and Human Rights (ODIHR), according to an agenda approved by consensus of all 56 participating States. The HDIM is the only multinational human rights meeting in Europe where representatives of NGOs and government representatives have equal access to the speakers list. Indeed, over half of the statements delivered at this year’s HDIM were made by NGO representatives. Such implementation review meetings are intended to serve as the participating States’ principal venue for public diplomacy and are important vehicles for identifying continued areas of poor human rights performance. Although the HDIM is not tasked with decision-making responsibilities, the meetings can provide impetus for further focus on particular human dimension concerns and help shape priorities for subsequent action. Coming in advance of ministerial meetings that are usually held in December, the HDIMs provide an additional opportunity for consultations among the participating States on human dimension issues that may be addressed by Ministers. (This year, for example, there were discussions on the margins regarding a possible Ministerial resolution on equal access to education for Roma and advancing work in the field of tolerance and non-discrimination, including the possibility of convening a related high-level meeting in 2009.) OSCE rules, adopted by consensus, allow NGOs to have access to human dimension meetings. However, this general rule does not apply to “persons and organizations which resort to the use of violence or publicly condone terrorism or the use of violence.”(2) There are no other grounds for exclusion. The decision as to whether or not a particular individual or NGO runs afoul of this rule is made by the Chairman-in-Office. In recent years, some governments have tried to limit or restrict NGO access at OSCE meetings in an effort to avoid scrutiny and criticism of their records. This year, in the run up to the HDIM, Turkmenistan held the draft agenda for the meeting hostage, refusing to give consensus as part of an effort to block the registration of Turkmenistan NGOs which have previously attended the implementation meetings and criticized Ashgabat. Turkmenistan officials finally relented and allowed the adoption of the HDIM agenda in late July, but did not participate in the Warsaw meeting. Along these lines, the Russian delegation walked out in protest when the NGO “Russian-Chechen Friendship Society” took the floor to speak during a session on freedom of the media. At the 2008 HDIM, senior Department of State participants included Ambassador W. Robert Pearson, Head of Delegation; Ambassador Julie Finley, Head of the U.S. Mission to the OSCE; Ambassador Karen Stewart, Principal Deputy Assistant Secretary of State for Democracy, Human Rights and Labor; and Mr. Bruce Turner, Acting Director, Office for European Security and Political Affairs. Mr. Will Inboden, advisor on religious freedom issues, and Mr. Nathan Mick, advisor on Roma issues, served as Public Members. Ms. Felice Gaer, Chair of the U.S. Commission on Religious Freedom, and Mr. Michael Cromartie, Vice Chair, also served as members of the delegation. Helsinki Commission Chief of Staff Fred L. Turner and Senior State Department Advisor Ambassador Clifford Bond also served as members of the U.S. Delegation, along with Helsinki Commission staff members Alex T. Johnson, Ronald J. McNamara, Winsome Packer, Erika B. Schlager, and Dr. Mischa E. Thompson. In comparison with previous HDIMs, the 2008 meeting was relatively subdued – perhaps surprisingly so given that, roughly eight weeks before its opening, Russian tanks had rolled onto Georgian territory. While the full scope of human rights abuses were not known by the time the meeting opened, human rights defenders had already documented serious rights violations, including the targeting of villages in South Ossetia inhabited by ethnic Georgians. Nevertheless, discussion of the Russian-Georgian conflict was largely conspicuous by its near absence. Highlights The annual HDIM agenda provides a soup-to-nuts review of the implementation of core human rights and fundamental freedoms (e.g., freedoms of speech, assembly and association; prevention of torture; right to a fair trial), as well as rule of law, free elections and democracy-building issues. National minorities, Roma, tolerance and non-discrimination are also on the agenda. The United States continued its longstanding practice of naming specific countries and cases of concern. In accordance with OSCE procedures, the agenda included three specially selected topics, each of which was given a full day of review. This year, those subjects were: 1) education and awareness-raising in the promotion of human rights; 2) freedom of religion or belief; and 3) focus on identification, assistance and access to justice for the victims of trafficking. Of the three, the sessions on religious liberty attracted the most speakers with over 50 statements. A large number of side events were also part of the HDIM, organized by non-governmental organizations, OSCE institutions or offices, other international organizations, or participating States. These side events augment implementation review sessions by providing an opportunity to examine specific subjects or countries in greater depth and often with a more lively exchange than in the formal sessions. Along with active participation at these side events, the United States held extensive bilateral meetings with government representatives, as well as with OSCE officials and NGO representatives. At the end of the second week of the HDIM, Human Rights Directors from capitals also held a working meeting to discuss issues of mutual concern, with a special focus on United Nations Security Council Resolution 1325, on women, peace and security. This year, the U.S. Commission on International Religious Freedom also hosted a reception to honor the OSCE Panel of Experts on Freedom of Religion or Belief, as well as the tenth anniversary of the U.S. International Religious Freedom Act and the 60th anniversary of the UN Declaration of Human Rights. Greece, scheduled to assume the chairmanship of the OSCE starting in January 2009, came under particular criticism for its treatment of minorities. Unlike the highly emotional reactions of senior Greek diplomats in Warsaw two years ago, the delegation this year responded to critics by circulating position papers elaborating the Greek government’s views. Greece also responded to U.S. criticism regarding the application of Sharia law to Muslim women in Thrace by stating that Greece is prepared to abolish the application of the Sharia law to members of the Muslim minority in Thrace when this is requested by the interested parties whom it affects directly. Issues relating to the treatment of ethnic, linguistic and religious minorities in the OSCE region are likely to remain an important OSCE focus in the coming period, especially in light of developments in the Caucasus, and it remains to be seen how the Greek chairmanship will address these concerns in light of its own rigid approach to minorities in its domestic policies. Throughout the HDIM, many NGOs continued to express concern about the fitness of Kazakhstan to serve as OSCE Chair-in-Office in 2010 given serious short comings in that country’s human rights record. In particular, Kazakhstan was sharply criticized for a draft religion law (passed by parliament, but not yet adopted into law). One NGO argued that a Kazakhstan chairmanship, with this law in place, would undermine the integrity of the OSCE, and urged participating States to reconsider Kazakhstan for the 2010 leadership position if the law is enacted. Juxtaposing Kazakhstan’s future chairmanship with the possible final passage of a retrograde law on religion, the Almaty Helsinki Committee asked the assembled representatives, “Are human rights still a priority – or not?” (Meanwhile, on October 5, Secretary of State Condoleezza Rice visited Kazakhstan.) On the eve of the HDIM, Belarus held elections. Those elections received considerable critical attention during the HDIM’s focus on democratic elections, with the United States and numerous others expressing disappointment that the elections did not meet OSCE commitments, despite promises by senior Belarusian officials that improvements would be forthcoming. Norway and several other speakers voiced particular concern over pressures being placed on ODIHR to circumscribe its election observation activities. Illustrating those pressures, the Russian Federation reiterated elements of a proposal it drafted on election observation that would significantly limit the independence of ODIHR in its election observation work. The Head of the U.S. Delegation noted that an invitation for the OSCE to observe the November elections in the United States was issued early and without conditions as to the size or scope of the observation. (Russia and others have attempted to impose numerical and other limitations on election observation missions undertaken by the ODIHR and the OSCE Parliamentary Assembly.) Tolerance issues featured prominently during discussions this year, as they have at other recent HDIMs. Forty-three interventions were made, forcing the moderator to close the speakers list and requiring presenters to truncate their remarks. Muslim, migrant, and other groups representing visible minorities focused on discrimination in immigration policies, employment, housing, and other sectors, including racial profiling and hate crimes, amidst calls for OSCE countries to improve implementation of existing anti-discrimination laws. Jewish and other NGOs called for sustained efforts to combat anti-Semitism. Representatives of religious communities expressed concern about the confusion made by ODIHR in its Annual Hate Crimes Report between religious liberty issues and intolerance towards members of religious groups. This year, some governments and NGOs elevated their concerns relating to gay, lesbian, bisexual and transgender persons, increasingly placing these concerns in the context of the OSCE’s focus on hate crimes. A civil society tolerance pre-HDIM meeting and numerous side events were held on a broad range of tolerance-related topics. The United States and several U.S.-based NGOS called for a high-level conference on tolerance issues to be held in 2009. Unlike in prior years, however, no other State echoed this proposal or stepped forward with an offer to host such a high-level conference. In many of the formal implementation review sessions this year, NGOs made reference to specific decisions of the European Court on Human Rights, urging governments to implement judgments handed down in recent cases. During the discussion of issues relating to Roma, NGOs continued to place a strong focus on the situation in Italy, where Roma (and immigrants) have been the target of hate crimes and mob violence. NGOs reminded Italy that, at the OSCE Supplementary Human Dimension Meeting in July, they had urged Italy to come to the HDIM with concrete information regarding the prosecution of individuals for violent attacks against Roma. Regrettably, the Italian delegation was unable to provide any information on prosecutions, fostering the impression that a climate of impunity persists in Italy. As at other OSCE fora, the United States was criticized for retaining the death penalty, contrary to the abolitionist trend among the OSCE participating States. Of the 56 OSCE participating States, 54 have abolished, suspended or imposed a moratorium on the death penalty and only two – the United States and Belarus – continue to impose capital punishment as a criminal sanction. Two side events held during the HDIM also put a spotlight on the United States. The first event was organized by Freedom House and entitled, “Today’s American: How Free?” At this event, Freedom House released a book by the same title which examined “the state of freedom and justice in post-9/11 America.” The second event was a panel discussion on “War on Terror or War on Human Rights?” organized by the American Civil Liberties Union. Speakers from the ACLU, Amnesty International and the Polish Human Rights Foundation largely focused on issues relating to the United States, including the military commission trials at Guantanamo, and official Polish investigations into allegations that Poland (working with the United States) was involved in providing secret prisons for the detention and torture of “high-value” detainees.(3) In a somewhat novel development, Russian Government views were echoed by several like-minded NGOs which raised issues ranging from claims of “genocide” by Georgia in South Ossetia to grievances by ethnic Russians in Latvia and Estonia. Ironically, the Russian delegation, in its closing statement, asserted that this year’s HDIM had an “improved atmosphere” due (it was asserted) to the efforts by both governments and NGOs to find solutions to problems rather than casting blame. As at past HDIMs, some sessions generated such strong interest that the time allotted was insufficient to accommodate all those who wished to contribute to the discussion. For example, the session on freedom of the media was severely constrained, with more than 20 individuals unable to take the floor in the time allotted, and several countries unable to exercise rights of reply. Conversely, some sessions – for example, the session on equal opportunity for men and women, and the session on human dimension activities and projects – had, in terms of unused time available, an embarrassment of riches. Following a general pattern, Turkmenistan was again not present at the HDIM sessions this year.(4) In all, 53 participating States were represented at the meeting. At the closing session, the United States raised issues of particular concern relating to Turkmenistan under the “any other business” agenda item. (This is the sixth year in a row that the United States has made a special statement about the situation in Turkmenistan, a country that some view as having the worst human rights record in the OSCE.) For the past two years, there has been a new government in Turkmenistan. The U.S. statement this year noted some positive changes, but urged the new government to continue the momentum on reform by fully implementing steps it already has begun. In addition, the United States called for information on and access to Turkmenistan’s former representative to the OSCE, Batyr Berdiev. Berdiev, once Turkmenistan’s ambassador to the OSCE, was reportedly among the large number of people arrested following an attack on then-President Niyazov’s motorcade in 2002. His fate and whereabouts remain unknown. OSCE PA President João Soares addressed the closing plenary, the most senior Assembly official to participate in an HDIM meeting. The Russian-Georgian Conflict With the outbreak of armed violence between Russia and Georgia occurring only two months earlier, the war in South Ossetia would have seemed a natural subject for discussion during the HDIM. As a human rights forum, the meeting was unlikely to serve as a venue to debate the origins of the conflict, but there were expectations that participants would engage in a meaningful discussion of the human dimension of the tragedy and efforts to stem ongoing rights violations. As it turned out, this view was not widely shared by many of the governments and NGOs participating in the meeting. The opening plenary session foreshadowed the approach to this subject followed through most of the meeting. Among the senior OSCE officials, only High Commissioner on National Minorities Knut Vollebaek squarely addressed the situation in the south Caucasus. Vollebaek condemned the19th century-style politicization of national minority issues in the region and the violation of international borders. At the time of the crisis, he had cautioned against the practice of “conferring citizenship en masse to residents of other States” (a reference to Russian actions in South Ossetia) and warned that “the presence of one's citizens or ‘ethnic kin’ abroad must not be used as a justification for undermining the sovereignty and territorial integrity of other States.” Sadly, that sound advice went unobserved in Georgia, but it is still applicable elsewhere in the OSCE region.(5) The statement delivered by France on behalf of the countries of the European Union failed to address the conflict. During the plenary, only Norway and Switzerland joined the United States in raising humanitarian concerns stemming from the conflict. In reply, the head of the Russian delegation delivered a tough statement which sidestepped humanitarian concerns, declaring that discussion of Georgia’s territorial integrity was now “irrelevant.” He called on participating States to adopt a pragmatic approach and urged acknowledgment of the creation of the new sovereign states of Abkhazia and South Ossetia, terming their independence “irreversible” and “irrevocable.” Perhaps more surprising than this Russian bluster was the failure of any major NGO, including those who had been active in the conflict zone collecting information and working on humanitarian relief, to take advantage of the opportunity to raise the issue of South Ossetia during the opening plenary. As the HDIM moved into its working sessions, which cover the principal OSCE human dimension commitments, coverage of the conflict fared better. The Representative on Freedom of the Media remarked, in opening the session on free speech and freedom of the media that, for the first time in some years, two OSCE participating States were at war. During that session, he and other speakers called on the Russian Federation to permit independent media access to occupied areas to investigate the charges and counter-charges of genocide and ethnic cleansing. The tolerance discussion included calls by several delegations for Russia to cooperate and respond favorably to the HCNM’s request for access to South Ossetia to investigate the human rights situation in that part of Georgia. Disappointingly, during the session devoted to humanitarian commitments, several statements, including those of the ODHIR moderator and EU spokesperson, focused narrowly on labor conditions and migration, and failed to raise concerns regarding refugees and displaced persons, normally a major focus of this agenda item and obviously relevant to the Georgia crisis. Nevertheless, the session developed into one of the more animated at the HDIM. The Georgian delegation, which had been silent up to that point, spoke out against Russian aggression and alleged numerous human rights abuses. It expressed gratitude to the European Union for sending monitors to the conflict zone and urged the EU to pressure Russia to fully implement the Six-Point Ceasefire agreement negotiated by French President Sarkozy. The United States joined several delegations and NGOs calling on all parties to the conflict to observe their international obligations to protect refugees and create conditions for their security and safe voluntary return. In a pattern observed throughout the meeting, the Russian delegation did not respond to Georgian charges. It left it to an NGO, “Ossetia Accuses,” to make Russia’s case that Georgia had committed genocide against the people of South Ossetia. A common theme among many interventions was a call for an independent investigation of the causes of the conflict and a better monitoring of the plight of refugees, but to date Russian and South Ossetian authorities have denied both peacekeeping monitors and international journalists access to the region from elsewhere in Georgia. A joint assessment mission of experts from ODIHR and the HCNM, undertaken in mid-October, were initially denied access to South Ossetia, with limited access to Abkhazia granted to some team members. Eventually, several experts did gain access to the conflict zone in South Ossetia, though to accomplish this they had to travel from the north via the Russian Federation. One can only speculate why Georgia received such limited treatment at this HDIM. The crisis in the south Caucasus had dominated OSCE discussions at the Permanent Council in Vienna for weeks preceding the HDIM. Some participants may have feared that addressing it in Warsaw might have crowded out the broader human rights agenda. Others may have felt that, in the absence of a clear picture of the circumstances surrounding the conflict and with so many unanswered questions, it was best not to be too critical or too accusatory of either party. The EU (and particularly the French) were, at the time of the HDIM, in the process of negotiating the deployment of European observers to the conflict zone, and may have feared that criticism of Russia at this forum would have only complicated the task. In fact, the EU’s only oblique reference to Georgia was made at HDIM’s penultimate working session (a discussion which focused on human dimension “project activity”) in connection with the work of High Commissioner for National Minorities. (One observer of this session remarked that there seemed to be a greater stomach for dinging the OSCE Office for Democratic Institutions and Human Rights for shortcomings in its work than for criticizing Russia for invading a neighboring OSCE participating State.) Finally, other participants, particularly NGOs, seemed more inclined to view human rights narrowly in terms of how governments treat their own citizens and not in terms of how the failure to respect key principles of sovereignty and territorial integrity are invariably accompanied by gross violations of human rights and can produce humanitarian disasters. Amid simmering tensions between Russia and Georgia which could erupt into renewed fighting, and completion of a report requested by the Finnish Chairmanship in time for the OSCE’s Ministerial in Helsinki in early December, Ministers will have to grapple with the impact of the south Caucasus conflict and what role the OSCE will have. Beyond Warsaw The relative quiet of the HDIM notwithstanding, French President M. Nicolas Sarkozy put a spotlight on OSCE issues during the course of the meeting. Speaking at a conference in Evian, France, on October 8, he responded to a call by Russian President Dmitri Medvedev, issued in June during meetings with German Chancellor Angela Merkel, for a new “European Security Treaty” to revise Europe’s security architecture – a move seen by many as an attempt to rein in existing regional security organizations, including NATO and the OSCE. President Sarkozy indicated a willingness to discuss Medvedev’s ideas, but argued they should be addressed in the context of a special OSCE summit, which Sarkozy suggested could be held in 2009. The escalating global economic crisis was also very much on the minds of participants at the HDIM as daily reports of faltering financial institutions, plummeting markets, and capital flight promoted concerns over implications for the human dimension. Several delegations voiced particular concern over the possible adverse impact on foreign workers and those depending on remittances to make ends meet. Looking Ahead The human rights and humanitarian concerns stemming from the war in South Ossetia will likely come into sharper focus in the lead up to the December OSCE Ministerial in Helsinki as talks on the conflict resume in Geneva, and OSCE and other experts attempt to document the circumstances surrounding the outbreak of fighting and current conditions. The coming weeks can also be expected to bring renewed calls for an overhaul of the human dimension and the ODIHR by those seeking to curb attention paid to human rights and subordinate election monitoring activities. It remains to be seen whether Kazakhstan will fulfill the commitments it made a year ago in Madrid to undertake meaningful reforms by the end of this year. There is also the risk that a deepening economic crisis will divert attention elsewhere, even as the resulting fallout in the human dimension begins to manifest itself. It is unclear what priorities the Greek chairmanship will be set for 2009, a year that portends peril and promise. Notes (1) OSCE Human Dimension Implementation Meetings are held every year, unless there is a Summit. Summits of Heads of State or Government are preceded by Review Conferences, which are mandated to review implementation of all OSCE commitments in all areas (military-security, economic and environmental cooperation, and the human dimension). (2) Helsinki Document 1992, The Challenges of Change, IV (16). (3) Interestingly, at the session on human rights and counterterrorism, moderator Zbigniew Lasocik, member of the United Nations Subcommittee on Prevention of Torture, noted that Poland’s Constitutional Court had, the previous day, struck down a 2004 law that purported to allow the military to shoot down hijacked commercial aircraft – even if they were being used as weapons like the planes that killed thousands of people on 9/11. The Court reportedly reasoned that shooting down an aircraft being used as bomb would infringe on the constitutional protection of human life and dignity of the passengers. (4) Turkmenistan sent a representative to the HDIM in 2005 for the first time in several years. While responding to criticism delivered in the sessions, the representative appeared to focus more on monitoring the activities of Turkmen NGOs participating in the meeting. Turkmenistan subsequently complained that certain individuals who had been charged with crimes against the State should not be allowed to participate in OSCE meetings. Turkmenistan officials did not participate in the 2006 or 2007 HDIMs. Participation in the 2008 meeting would have been a welcome signal regarding current political developments. (5) The HCNM had previously expressed concern regarding Hungary’s overreach vis-a-vis ethnic Hungarian minorities in neighboring countries. In 2004, Hungary held a referendum on extending Hungarian citizenship to ethnic Hungarians abroad – an idea that still holds political currency in some quarters of Hungary – but the referendum failed due to low voter turnout.

  • Medical Evidence of Torture by U.S. Personnel

    Madam Speaker, last week the Helsinki Commission, which I Chair, held a briefing at which representatives from Physicians for Human Rights presented the findings of their recently published report, ``Broken Laws, Broken Lives.'' In it, they documented the medical evidence of torture by U.S. personnel in 11 specific cases. I believe this briefing was the first opportunity on Capitol Hill for the public to hear specifically about the medical consequences of the administration's detention policies and to consider some of the ethical questions related to the medical treatment of detainees, including forced feeding and the possible role of medical professionals during interrogations.  We were fortunate to have with us as panelists Leonard Rubenstein, J.D., President of Physicians for Human Rights; Dr. Allen Keller, Advisor to Physicians for Human Rights and Director of the Bellevue/NYU Program for Survivors of Torture; and Dr. Scott Allen, also an Advisor to Physicians for Human Rights.  For many years, members of the Helsinki Commission have been actively engaged on issues related to torture and cruel, inhuman, and degrading treatment or punishment. Over the years, we have raised concern about the nearly constant reports of torture and abuse in Chechnya. We have pressed Turkey to provide detainees with prompt access to lawyers and medical personnel, because we know that when people are held incommunicado, they are more likely to experience torture. We have expressed alarm regarding the number of people who walk into Uzbekistan jails on their own two feet--and who have been returned to their families in boxes.  Last week, it was my sad duty to hear representatives from Physicians for Human Rights describe the torture and ill-treatment some detainees have experienced at the hands of U.S. personnel. As I noted then, I certainly expected to hear about the medical and psychological impact of this torture on the individuals whose cases were investigated by Physicians for Human Rights. But, coincidently, there was a different kind of impact on display last week, when the U.S. also opened its first war crimes trial since World War II.  In the trial of Salim Hamdan, alleged to be Osama bin Laden's driver, the military judge overseeing the case found it necessary to exclude from evidence several statements of the defendant because they were obtained under what the military judge deemed ``highly coercive'' conditions. Another one of the government's efforts to bring a defendant before a military tribunal had already been put indefinitely on hold, reportedly because the evidence in the case cannot be disentangled from the impermissible methods that were used to extract it. In other words, the use of abusive interrogation methods has undermined the government's ability to prosecute people suspected of terrorism or terrorism-related crimes.  Let me repeat: the ill-conceived policy of ``enhanced interrogations'' has undermined our country's ability to prosecute people for the most serious crimes committed against this nation.  As it happened, on the day of our briefing last week, the ACLU released three new ``torture memos'' it had obtained through the Freedom of Information Act. Although highly redacted--indeed, one of them has ten pages that are entirely blacked out--these documents nevertheless provide some additional insight into the development of the policies that set the stage for what Major General Antonio Taguba, in his preface for the Physicians for Human Rights report, called ``a systematic regime of torture.'' (You may recall that General Taguba led the U.S. Army's official investigations into the Abu Ghraib prisoner abuse scandal.)  Here's just one bit of information we now have from a memo prepared by the Department of Justice's Office of Legal Counsel on August 1, 2002 and released last week. This memo, prepared for the CIA, advises that the crime of torture, as defined by U.S. statute, requires a showing of specific intent to cause severe pain or suffering. That specific intent, in turn, will be negated if a defendant acts with a good faith belief that his actions will not cause severe pain or suffering. That good faith belief can be demonstrated by showing that an official acted in reliance on the advice of experts. And guess what? The Office of Legal Counsel is a bunch of experts. And they go on to say that the objective of the interrogation techniques under discussion--we don't know precisely what they are because they're blacked out--is not to cause severe physical pain. Just like magic, you have your expert advice, which gives you your good-faith belief, which negates the specific intent required under the statute which criminalizes torture. So you guys can go ahead and waterboard and God knows what else because the Office of Legal Counsel has told you that it does not cause severe pain or suffering, so you have legal license to ignore your own eyes and ears, which tell you that waterboarding will break a person in minutes.  Madam Speaker, the report by Physicians for Human Rights makes several recommendations that deserve study and consideration. But in light of the release of these most recent torture memos, I would like to highlight today one particular recommendation of the report: ``The U.S. Department of Justice should publicly release all legal opinions and other memoranda concerning standards regarding interrogation and detention policy and practices.''  The Department of Justice is the arbiter of what is the law of the land for this country. And I think the American people have a right to know if their government has sought to redefine ``torture'' as ``not torture.'' Accordingly, I urge the Attorney General to release the full texts of all the memos relating to interrogation and detention policies and practices.

  • Briefing on the Medical Evidence of Torture by U.S. Personnel

    Congressman Alcee L. Hastings (D-FL), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission), held a briefing with Physicians for Human Rights (PHR), regarding the medical evidence of torture of detainees by U.S. personnel in Iraq, Afghanistan, and Guantanamo Bay.  Representatives of PHR presented their recently released report entitled, “Broken Laws, Broken Lives,” in which they documented individual cases of torture, the impact on detainees and made recommendations based on the findings of their investigation.

  • Guantanamo Detainees after Boumediene: Now What?

    The hearing reviewed the detainee-related policy issues – particularly for Guantanamo detainees -- that remain in the aftermath of the Supreme Court’s recent decision in Boumediene. Witnesses also had the opportunity to discuss a related question: what does Europe do with its terror suspects, and are there any lessons for the United States from the European experience? The Supreme Court ruled in a 5-4 decision in Boumediene v. Bush that foreign terrorism suspects held at the Guantanamo Bay detention facility have the right under the Constitution to challenge their detention in a U.S. civilian court.

  • Ingushetia: The New Hot Spot in Russia’s North Caucasus

    John Finerty, staff advisor at the Commission, led this briefing on the increased destabilization in the North Caucasus region of Russia, specifically in Ingushetia. After the conclusion of the second Chechen war, the North Caucasus region was once again experiencing an increase in violence.  Although the entire region was fraught with instability, Ingushetia attracted particular attention, having undergone a rise in terrorist and counter-terrorist operations, illegal detentions, kidnappings and extra judicial executions over the past year.  Panelists – Eliza Musaeva, Gregory Shvedov, and Magomed Mutsolgov -described Ingushetia’s history and the arbitrary lack of rule of law that had originated in Chechnya and crept into Ingushetia. They highlighted the prolific kidnappings in the regions that were specifically Chechnya related, which led to Ingushetia being talked about as a republic of its own.  Since then, the Russian government had conducted counterterrorism operations, leading the panelists to speculate about the potential for another war in the North Caucasus. 

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