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Good Governance and the Rule of Law

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

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

 

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  • Statement from Helsinki Commission Chair on the Grand Jury Decision in the Michael Brown Shooting Case

    BALTIMORE–U.S. Senator Ben Cardin (D-Md.) released the following statement in response to the Ferguson grand jury decision in the Michael Brown shooting case. “Ferguson, Missouri, will forever be marked by the needless death of Michael Brown. Let’s turn this incident into the spark that launches a change in attitudes and actions rather than a point where violence begets more violence. I join with the Brown family in calling for peaceful protests in the aftermath of the grand jury’s decision. State and local law enforcement must respect the First Amendment rights of citizens to peaceably assemble, and the rights of the press to report this story.  I call upon all Americans – even those who disagree with the grand jury decision – to respect the role of our jury system and the independence of the courts in deciding legal questions. “I encourage the Justice Department to continue its civil rights investigation into this case and its broader probe of the Ferguson Police Department. I urge Attorney General Holder to take immediate action to revise the Justice Department’s guidance so that once and for all racial profiling is prohibited at all levels of law enforcement.  For a more permanent fix, Congress should take up and pass my legislation, the End Racial Profiling Act.”

  • 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.”

  • U.S. Helsinki Commission Congratulates Ukraine on Successful Parliamentary Election

    WASHINGTON—Following the successful parliamentary election in Ukraine on October 26, Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, and Rep. Chris Smith (NJ-04), Co-Chairman of the Commission, issued the following statement: “We congratulate the people of Ukraine on yesterday’s parliamentary election. According to election observers, including those from the Organization for Security and Cooperation in Europe, the election was held in accordance with international norms and upheld Ukraine’s democratic commitments to its citizens.   Unfortunately, voters in many parts of Donetsk and Luhansk were prevented from exercising their democratic rights through the interference of illegal armed groups. In addition, no voting took place on the Crimean peninsula due to its illegal annexation by the Russian Federation earlier this year. Although this casts no doubt on the validity of the overall election, we are reminded that citizens in Ukraine still face serious challenges – both internal and external – as they work to build a stable, independent, and prosperous democracy.   The U.S. will continue to stand with the Ukrainian people and the new Ukrainian government as they forge ahead with their courageous and determined efforts to foster democracy, human rights, and the rule of law in Ukraine.”

  • 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 Denounces Russia’s Charges against Memorial Human Rights Group

    WASHINGTON— Following new charges brought by the Russian Federation against Memorial, one of Russia’s most respected human rights organizations, U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe, issued the following statement: “This latest effort by Moscow to ‘liquidate’ the human rights organization Memorial is an obvious attempt to silence the voice of its own conscience. Just over a week ago, representatives of Memorial participated in the OSCE’s annual human rights meeting in Warsaw, speaking out against escalating threats against civil society. It is very troubling that an organization founded by Andrei Sakharov to address the crimes of the Stalinist era now has become the target of a new wave of repression.” In the past, Russia has sought to starve many non-governmental organizations of the resources necessary to function, hobbling the work of other human rights NGOs like the Moscow Helsinki Group; the new charges against Memorial suggests an escalation of such anti-civil society tactics. In 2009, Natalia Estemirova, head of Memorial’s office in Chechnya, was kidnapped and murdered. Memorial recently condemned Russia’s aggression in Ukraine.

  • Helsinki Commission on Opening of Europe’s Largest Human Rights Meeting

    WASHINGTON—U.S. Senator Ben Cardin (MD), Chairman of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) and Representative Chris Smith (NJ-04), Co-Chairman of the Commission, released the following statement ahead of the Organization for Security and Cooperation in Europe (OSCE) annual high-level meeting on human rights. From September 22-October 3, civil society and government representatives of OSCE participating States will gather in Warsaw, Poland, for the annual Human Dimension Implementation Meeting to discuss compliance with the full range of OSCE human dimension commitments, with special focus on migrant rights, minority issues, and combating violence against women and children. “The Human Dimension Implementation Meeting takes place while Russian aggression in Ukraine continues to threaten basic OSCE principles. I expect this will be a major focus of the meeting, as well as Russian actions at home that are cynically rolling back the ability of civil society to comment on or contribute to how that country functions," said Chairman Cardin. "I am pleased that Professor Brian Atwood will head the U.S. Delegation at this critical time. The promises OSCE states made to one another almost 25 years ago, that respect for human rights within any country is a matter of concern for all states, has guided us and must continue to do so. I also welcome the leadership of the U.S. Ambassador to the OSCE, Daniel Baer, who will be taking a high-level study group to the Auschwitz-Birkenau death camp." Co-Chairman Smith said, “The Russian government’s gross human rights violations in Ukraine must be a central topic of discussion at the Human Dimension meeting. HDIM is an indispensable tool for holding states accountable to OSCE commitments and most effective when both government and civil society representatives have equal opportunity to debate each state’s human rights record.  One issue that states and civil society must discuss this year in Warsaw, and at the OSCE “Berlin Plus 10” anti-Semitism conference in November, is the alarming rise of anti-Semitic incidents in the OSCE region.  The OSCE must also continue to combat trafficking in human beings, including through fulfilling commitments taken last year to train transportation workers to identify possible victims and to improve law enforcement information sharing internationally on potential sex tourists. Commitments are made to be kept.”

  • Political Pluralism in the OSCE Mediterranean Partners?

    This hearing discussed developments within the OSCE Mediterranean Partnership countries and the Southern Mediterranean region..  In particular, the Commission focused on the conflicts in Iraq and Syria and the resulting refugee crisis.  Several witnesses stressed the need for the OSCE countries to support strategic investment in positive civic engagement and educational resources for vulnerable populations in order to mitigate the effects of the refugee crisis.

  • 15th Anniversary of the Bytyqi Brother Murders in Serbia

    Madam President, 15 years ago this week three American citizens--the brothers Ylli, Agron and Mehmet Bytyqi --were transferred from a prison to an Interior Ministry camp in Eastern Serbia. At that camp, they were executed and buried in a mass grave with dozens of Albanians from Kosovo. Today, I again call upon the Serbian authorities to bring those responsible for these murders to justice. Belgrade has given us assurances in recent years that action will be taken, but no clear steps have actually been taken to apprehend and prosecute those known to have been in command of the camp or the forces operating there. The three Bytyqi brothers went to Kosovo in 1999, a time of conflict and NATO intervention. Well after an agreed cessation of hostilities in early June, the brothers escorted an ethnic Romani family from Kosovo to territory still under Serbian control, where that family would be safer. Serbian authorities apprehended the brothers as they were undertaking this humanitarian task and held them in jail for 15 days for illegal entry. When time came for their release, they were instead turned over to a special operations unit of the Serbian Interior Ministry, transported to the camp and brutally executed. There was no due process, no trial, and no opportunity for the brothers to defend themselves. There was nothing but the cold-blooded murder of three American citizen brothers. Serbia today is not the Serbia of 15 years ago. The people of Serbia ousted the undemocratic and extreme nationalist regime of Slobodan Milosevic in 2000, and the country has since made a steady, if at times difficult, transition to democracy and the rule of law. In 2014, Serbia began accession talks to join the European Union, and in 2015 it will chair the OSCE, a European organization which promotes democratic norms and human rights. I applaud Serbia on its progress and I support its integration into Europe, but I cannot overlook the continued and contrasting absence of justice in the Bytyqi case. The new government of Prime Minister Aleksandar Vucic has pledged to act. It must now generate the political will to act. The protection of those responsible for this crime can no longer be tolerated. The surviving Bytyqi family deserves to see justice. Serbia itself will put a dark past behind it by providing this justice. Serbian-American relations and Serbia's OSCE chairmanship will be enhanced by providing justice. It is time for those responsible for the Bytyqi brother murders to lose their protection and to answer for the crimes they committed 15 years ago.

  • Cardin, Smith Advance Security and Human Rights during Annual Meeting of European Parliamentarians

    WASHINGTON - A bipartisan 8-member Congressional delegation led by Senator Ben Cardin (D-MD), Chairman of the Commission on Security in Europe (U.S. Helsinki Commission), visited Georgia, Azerbaijan and Moldova. In Baku, Azerbaijan, Representative Chris Smith (NJ-04), Co-Chairman of the Commission, headed the U.S. delegation to the Organization for Security and Cooperation in Europe’s Parliamentary Assembly (OSCE PA) from June 28-July 2 that successfully advanced priority security and human rights initiatives. Key among the U.S. initiatives was a resolution introduced by Chairman Ben Cardin condemning Russia’s violation of international commitments by annexing Crimea and directly supporting separatist conflict in Ukraine. Upon passage of the resolution by a 3 to 1 margin, Cardin stated: “Russia is a member of this organization, but is violating its core principles. We must speak up in the strongest possible way and hold Russia accountable for its destabilizing actions and that is what we did here.” Co-Chairman Smith received overwhelming support for his resolution on efforts to combat child sex trafficking. As the Assembly’s Special Representative on Human Trafficking, Smith’s initiative pressed for the formation of a notification system among countries regarding the travel of persons convicted of sex crimes against children, as well as increased cooperation between law enforcement agencies and with the travel industry to prevent child sex tourism. “This resolution provides a tool to mitigate the horrific abuse of children by sexual tourism,” said Smith. “These predators thrive on secrecy, and so the goal is advance notification of sex offender travel so that children can be protected.” In addition to Chairman Cardin and Co-Chairman Smith, the delegation included Commission Ranking Member Senator Roger Wicker (R-MS), Senator Tom Harkin (D-IA), Commissioner Representative Robert Aderholt(R-AL), Commissioner Representative Phil Gingrey (R-GA), Representative David Schweikert (R-AZ) and Representative Adam Schiff (D-CA). The U.S. delegation fielded two of the 18 resolutions considered at the annual session, as well as a total of 19 amendments to several of these resolutions. In an initiative related to Chairman Cardin’s Ukraine resolution, Senator Wicker introduced language adopted by the Assembly recognizing the importance of the OSCE’s military observation missions, including the inspections in Ukraine.  Senator Wicker also participated in a dialogue with fellow parliamentarians on OSCE engagement with partner country Afghanistan. Senator Tom Harkin successfully offered amendments calling for access and equal opportunity for persons with disabilities, including calling for the ratification and implementation of the Convention on the Rights of Persons with Disabilities by all OSCE participating States. Commissioner Representative Robert Aderholt achieved passage of language supporting the integration of Western Balkan countries into the EU and NATO, and, in a separate initiative, highlighted the plight of “disappeared” political prisoners in Turkmenistan and called on that government to finally come clean on the fate of these individuals, one of whom was a former OSCE ambassador. An initiative by Rep. David Schweikert encouraged increased outreach by the OSCE to Mediterranean Partner countries, while Rep. Phil Gingrey brokered an agreement calling for concrete steps to promote clean and affordable energy. Finally, Rep. Smith and Senator Cardin joined an initiative with the Canadian delegation to respond more vigorously to acts of anti-Semitism throughout the participating States. On July 2 the meeting concluded with the adoption of the Baku Declaration, containing broad policy recommendations for the OSCE and its 57 participating States in the fields of political affairs and military security, trade, the environment and human rights. While in Azerbaijan, the delegation also held bilateral meetings with the Government of Azerbaijan, including meeting with President Ilham Aliyev as well as representatives of civil society fighting for media freedom, rule of law and disability rights in Azerbaijan. Bilateral meetings in Georgia and Moldova In addition to attending the OSCE PA’s Annual Session in Azerbaijan, Chairman Cardin led the delegation to stops in Tbilisi, Georgia, and Chisinau, Moldova, for bilateral meetings to discuss expanded ties with the United States as well as regional security in the wake of the crisis in Ukraine. In Georgia the delegation met with the President, Prime Minister, and the leadership of the United National Movement opposition party offering U.S. support and encouraging further democratic reforms, particularly in building a robust and independent judiciary free from corruption and untainted by politically-motivated prosecutions. In Moldova, the delegation met with the Prime Minister and key political leaders across the spectrum on the day the national parliament ratified an historic agreement with the European Union. The delegation also held consultations with the leadership of the OSCE Mission to Moldova, representatives of civil society, and the U.S. Embassy.

  • U.S. Helsinki Commission to Hold Briefing on OSCE Mediterranean Partners

    WASHINGTON - Today the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) announced the following hearing: Political Pluralism in the OSCE Mediterranean Partners? Wednesday, July 9, 2014 10:00 am U.S. Capitol Visitor Center Room SVC 203/202 The Organization for Security and Cooperation in Europe (OSCE) and its Parliamentary Assembly (OSCE PA) have cooperated closely through tangible projects, expertise exchanges, election assistance, conferences, and rich dialogue to advance human security with the OSCE Mediterranean Partners for Cooperation – Algeria, Egypt, Israel, Jordan, Morocco, and Tunisia. A hearing of the Commission on Security and Cooperation in Europe will serve as an opportunity to take stock of political developments among the Mediterranean Partners in the years following the popular uprisings that began in late 2010, now often referred to as the “Arab Awakening.”  This hearing will explore political transition among the Mediterranean Partners in terms of current developments in democratic reforms, civil society empowerment, political pluralism, and the role of international community engagement.  The following witnesses are scheduled to testify: The Honorable William Roebuck, Deputy Assistant Secretary of State for Egypt and the Maghreb, Bureau of Near Eastern Affairs The Honorable William B. Taylor, Vice President for Middle East and Africa of the United States Institute of Peace (USIP) Dr. Shibley Telhami, Anwar Sadat Chair for Peace and Development at the University of Maryland and Brookings Institution Saban Center Non-Resident Senior Fellow Ms. Zeinab Abdelkarim, Regional Director for Middle East and North Africa at the International Foundation for Electoral Systems (IFES)

  • Importance of Good Governance to Comprehensive Security

    Remarks to the 2014 OSCE Japan Conference on Sharing Experiences and Lessons Learned between the OSCE and Asian Partners for Cooperation in Order to Create a Safer, More Interconnected and Fairer World in the Face of Emerging Challenges Thank you, Mr. Ambassador, for your kind introduction. It’s a pleasure to be here today. I’d also like to thank our Japanese hosts for their very gracious arrangements for this important conference. I am here on behalf of U.S. Senator Ben Cardin, the Chairman of the Commission on Security and Cooperation in Europe, also known as the U.S. Helsinki Commission. The Helsinki Commission is unique in that the U.S. is the only OSCE participating State to create a distinct governmental agency to monitor member state compliance with OSCE commitments. One of the key priorities for our Commission is promoting good governance and combatting corruption, and we were pleased to see the tremendous progress achieved in this area in 2012 with the adoption of the Declaration on Strengthening Good Governance and Combatting Corruption, Money-Laundering and the Financing of Terrorism at the Dublin Ministerial. The Good Governance Declaration is comprehensive, laying out a strategy for the OSCE to combat corruption, strengthen civil society development and enforce accountability measures in the public and private sectors.  The declaration has given some new tools to the Economic and Environmental Coordinator’s office, which plays a critical role in strengthening stability and security in the OSCE region. And last year, the OSCE worked to promote sustainable energy solutions, advocate transparency and accountability, and to build capacity at all levels of society – government, private sector, and its citizens.  These achievements represent a foundation for further enhancing the 2nd Dimension. The U.S. and the EU have recently enacted laws that address the problem of transparency and accountability in the resource sector. In the United States, these laws were authored by the Chairman of the U.S. Helsinki Commission, Senator Ben Cardin. The laws require companies to publicly report payments they make to governments for oil, gas and mining extraction. The concept is that by injecting transparency into a traditionally opaque business environment, the ability of citizens to better understand the money flows allows them to then hold their governments accountable. The laws are meant to innovate the way business is done in this extremely important sector by breaking the cycle of instability and poverty in countries suffering from what is often called the “resource curse”. This innovation can help ensure that energy supplies are not disrupted, it gives citizens a tool to fight corruption, and it levels the playing field for companies. Now that the U.S. and the European Union are implementing these transparency rules, other markets with large resource extraction companies such as Australia and Canada are exploring similar requirements. And we expect that as these rules come online we will see other stock exchanges around the world follow suit. Corruption and lack of transparency in the extractive industries can fuel instability and even conflict, so it’s not hard to see why this type of transparency is catching on. The news is full of headlines on instability created by resource competition or corruption. And resource rich countries are consistently rated as some of the most difficult places to do business. In almost every case you can trace the root cause to the intractable corruption in that country. These transparency laws are the game changers that will help tilt the balance of power away from corrupt leaders. Transparency and accountability are going to make the job of extractive companies easier. They will work on a level playing field, they will work with more stable governments, and they will operate in more stable communities. And the OSCE has a role to play here as well. With the acknowledgment of the importance of combatting corruption in the Good Governance Declaration, the OSCE’s Economic and Environmental Dimension can serve as a valuable platform for increasing stability and security on energy related issues and, in particular, highlighting the link between security, energy, and the environment. As we look toward the Basel Ministerial and the Helsinki+40 process, we must build upon this work and examine how the 2nd Dimension can be further strengthened to advance solutions that build good governance. One of the ways that we can do this is to more actively engage civil society in the 2nd Dimension. We need to welcome multi-stakeholder groups, business groups and civil society leaders to the Economic and Environmental Forum and the Economic and Environmental Implementation meeting in order to generate greater awareness of good governance initiatives, develop new projects, and assess the effectiveness of participating States in implementing these commitments.    Let me close with a comment on Ukraine. I was there two weeks ago to observe the election. Despite the daily reports of violence, what we saw in the conduct of the election makes me hopeful that the newly elected government will be able to move the country forward. But what is painfully clear is that the corruption surrounding Ukraine’s energy sector was a key factor in fueling the protests that eventually led to the downfall of the government. Ukraine is not a big oil and gas producer itself, but it plays a major role as a transit country between Russia and Western Europe. Ukraine has started work on its candidacy for EITI but still has a long way to go so we are encouraging the new government to place a priority on getting that in place. The broader lesson from Ukraine is that secret deals lead to corruption. Corruption leads to economic stagnation.  Economic stagnation leads to political instability.  Political instability leads to violence and human rights abuses, and even opportunistic violations of sovereignty and territorial integrity. This is why we need to innovate the way we do business. This is why we need to focus on transparency and good governance. And this is why we need to empower civil society and media to hold their governments accountable. These are all areas where the OSCE has expertise and where the Asian Partners can provide assistance and experience. Thank you.

  • U.S. Helsinki Commission to Hold Hearing on Azerbaijan

    WASHINGTON - Today the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) announced the following hearing: The Security, Economic and Human Rights Dimensions of US-Azerbaijan Relations Wednesday, June 11, 2014 10:00 am Russell Senate Office Building Room 432 The Republic of Azerbaijan has been an ally of the United States since its independence in 1991. It is a supplier of energy to Europe and has played an important role in assisting the U.S. and the International Security Assistance Force in Afghanistan through the contribution of troops and as a conduit for the Northern Distribution Network. Azerbaijan is a participating State in the Organization for Security and Cooperation in Europe (OSCE) and in May it assumed the rotating chairmanship of the Council of Europe (COE). Despite membership in both of Europe’s leading human rights institutions, Azerbaijan has been consistently criticized for its undemocratic elections and its use of the judicial system to punish political opponents. As the U.S. Helsinki Commission prepares to attend the OSCE Parliamentary Assembly Annual Session in Baku at the end of June, this hearing will examine the U.S.-Azerbaijan relationship and the impact of regional and domestic issues in Azerbaijan on that relationship. The following witnesses are scheduled to testify: Tom Melia, Deputy Assistant Secretary, Bureau of Democracy, Human Rights and Labor, Department of State Eric Rubin, Deputy Assistant Secretary, Bureau of European and Eurasian Affairs, Department of State Miriam Lanskoy, Director for Russia and Eurasia, National Endowment for Democracy Brenda Shaffer, Visiting Researcher, Center for Eurasian, Russian and East European Studies, Georgetown University

  • U.S. Helsinki Commission Criticizes Attack on Civil Society in Azerbaijan

    WASHINGTON—In response to today’s sentencing of eight youth activists associated with NIDA in Azerbaijan, and the detention of leading journalists and human rights advocates, the leadership of the Commission on Security and Cooperation in Europe (U.S. Helsinki Commission) today called on the Government of Azerbaijan to respect the rule of law and its human rights commitments. Regarding the trial of the NIDA activists, Senator Ben Cardin (MD), Chairman of the U.S. Helsinki Commission, stated: “The entirety of the legal proceedings against these young men is troubling not only for the lack of coherence in the government’s case, but also because there are credible allegations that the arrests and the subsequent charges are politically motivated and aimed at silencing criticism of the government. I am extremely concerned at the imposition of these lengthy sentences and am anxious for the health and well-being of these young men who are on hunger strike. I call on the Government of Azerbaijan to review the cases for prosecutorial misconduct and ensure that the rule of law and justice is carried out in these cases.” The Co-Chairman of the U.S. Helsinki Commission, Representative Chris Smith (NJ-04), expressed his concern about the arrest of journalist Rauf Mirqadirov on charges of spying for Armenia, as well as the detention and investigation of Leyla Yunus and her husband, Arif Yunus. “These detentions follow a string of guilty verdicts in similar cases against critics of the government. This is a troubling pattern. I urge the government of Azerbaijan, a member of the Organization for Security and Cooperation in Europe, to review these proceedings with a view toward releasing the eight activists – and to recommit itself to the rule of law. The OSCE has many times demonstrated the validity of its founding idea – that respect for human rights fosters stability and security.” The young men, Shahin Novruzlu, Mammad Azizov, Bakhtiyar Guliyev, Rashad Hasanov, Uzeyir Mammadli, Rashadat Akhundov, Zaur Gurbanlı and Ilkin Rustamzada were sentenced today to prison terms ranging from six to 8 years on charges related to weapons and drug possession, charges that are widely believed to be fabricated as a means to intimidate and silence them. All eight activists have been in pre-trial detention for over one year and started a hunger strike in protest of their detention and the charges brought against them. Rauf Mirqadirov is a well-respected journalist who writes critically of many governments, including Azerbaijan. He was arrested after being deported from Turkey to Azerbaijan, and has since been charged by the Government of Azerbaijan with espionage. Leyla Yunus is the founder and director of the Peace and Democracy Institute and long-time human rights advocate who has been vocal about promoting people-to-people ties with Armenia.

  • Cardin, Wicker Lead Colleagues in Urging Action to Free OSCE Observers Held in Ukraine

    WASHINGTON – U.S. Senators Ben Cardin (D-Md.) and Roger Wicker (R-Miss.), Chairman and Senate Ranking Member of the U.S. Helsinki Commission, along with Senators Jeanne Shaheen (D-NH), Richard Blumenthal (D-Conn.), Barbara A. Mikulski (D-Md.), Brian Schatz (D-Hawaii), Michael F. Bennet (D-Colo.), and Christopher Murphy (D-Conn.), have written to Secretary of State John Kerry urging him to take action to secure the release of observers being held by pro-Russian separatists in eastern Ukraine. The senators also seek action to stem the tide of “other flagrant violations of human rights by pro-Russian militants” in the region. “In addition to the OSCE observers, several dozen people — journalists, activists, police officers, politicians — are reportedly being held captive in makeshift jails in Slovyansk … we continue to be deeply dismayed at the other flagrant violations of human rights by pro-Russian militants in eastern and southern Ukraine,” the senators wrote. “These attacks and threats underscore the importance of the OSCE Special Monitoring Mission and other OSCE institutions in Ukraine in assessing the situation on the ground and helping to de-escalate tensions. … “To be sure, the actions against pro-Ukrainian activists and minorities are the direct result of Russia’s unfounded and illegal aggression towards Ukraine – first in Crimea and now in eastern Ukraine. … we commit to working with you so that the United States and its international partners can significantly increase the diplomatic pressure on Russia, especially through economic sanctions … Violations of human rights, particularly the rights of minorities, as well as gross violations of another nation’s territorial integrity and sovereignty must not be tolerated.” The text of the letter follows. April 30, 2014 The Honorable John Kerry Secretary of State United States Department of State 2201 C Street Northwest Washington, D.C.  20520 Dear Secretary Kerry: We write to you to express our alarm at the detention of members of a military observer mission operating under the auspices of the Organization for Security and Cooperation in Europe (OSCE).  They are being held hostage by pro-Russian separatists in the eastern Ukrainian city of Slovyansk. We urge you to do everything in your power to help secure their release. In addition to the OSCE observers, several dozen people — journalists, activists, police officers, politicians — are reportedly being held captive in makeshift jails in Slovyansk. Furthermore, we continue to be deeply dismayed at the other flagrant violations of human rights by pro-Russian militants in eastern and southern Ukraine.  These include attacks and threats against minority groups, particularly Jews and Roma as well as Crimean Tatars and Ukrainians in Crimea.  Supporters of a united Ukraine have been targeted as well, including a local politician and a university student whose tortured bodies were found dumped in a river near Slovyansk. The Joint Statement on Ukraine signed on April 17 by the EU, the United States, Russia and Ukraine calls on all sides to refrain from any violence, intimidation or provocative actions and condemns and rejects all expressions of extremism, racism and religious intolerance, including anti-Semitism. We fear both the spirit and the letter of this agreement have been breached. In recent days, we have seen troubling manifestations against ethnic and religious minority communities.  The distribution of flyers in Donetsk calling for Jews to register their religion and property is a chilling reminder of an especially dark period in European history and we welcome your unequivocal remarks of condemnation. While the perpetrators of this onerous action have not been determined, one thing is clear:  Moscow, which controls the pro-Russian separatists in eastern Ukraine, is using anti-Semitism as an ingredient in its anti-Ukrainian campaign, utilizing its media as a vehicle.  Perhaps more insidiously, among the various Russian special forces, operatives and agitators in Ukraine are members of neo-Nazi groups and the Black Hundreds, a reincarnation of the notorious Russian anti-Semitic organization that existed more than a century ago. Jewish communities in parts of eastern Ukraine are not the only ones with reasons to be worried.  In Slovyansk, armed separatists have invaded Romani houses, beating and robbing men, women and children. Even Ukrainian-speakers, including Ukrainian-speaking journalists, have reportedly experienced intimidation in the largely Russian-speaking Donetsk oblast. At the same time, in the Russian-annexed Crimean peninsula, Crimean Tatars continue to be threatened with deportation and attacked for speaking their own language in their ancestral homeland. Moreover, the most visible long-time leader of the Crimean Tatar community and former Soviet political prisoner Mustafa Dzhemilev, has reportedly been banned from returning to Crimea.  Additionally, the separatist Crimean authorities announced that Ukrainian literature and history will no longer be offered in Crimean schools. We commend the Ukrainian government for its denunciation of attacks and threats against minorities and its pledge to find those responsible and bring them to justice. It is imperative that the Russian-controlled separatist groups cease their de-stabilizing, violent activity, which has left all minorities vulnerable. These attacks and threats underscore the importance of the OSCE Special Monitoring Mission and other OSCE institutions in Ukraine in assessing the situation on the ground and helping to de-escalate tensions. They need to be permitted to operate unhindered in eastern Ukraine and to be allowed access into Crimea, which Russia has thus far blocked.  We urge you to continue to do everything possible to facilitate their unimpeded access to all parts of Ukraine, including the provision of adequate resources. To be sure, the actions against pro-Ukrainian activists and minorities are the direct result of Russia’s unfounded and illegal aggression towards Ukraine – first in Crimea and now in eastern Ukraine. The Kremlin needs to keep the Geneva promises and immediately rein in the militants and get Russian soldiers and other assorted operatives out of Ukraine.  If not, we commit to working with you so that the United States and its international partners can significantly increase the diplomatic pressure on Russia, especially through economic sanctions. Violations of human rights, particularly the rights of minorities, as well as gross violations of another nation’s territorial integrity and sovereignty must not be tolerated. Sincerely, Benjamin L. Cardin, U.S.S. Roger F. Wicker, U.S.S. Jeanne Shaheen, U.S.S. Richard Blumenthal, U.S.S. Barbara A. Mikulski, U.S.S. Brian Schatz, U.S.S. Michael F. Bennet, U.S.S. Christopher Murphy, U.S.S.

  • Statement on Russian NGO ADC Memorial

    WASHINGTON—In response to this week’s Russian court decision against Anti-Discrimination Centre Memorial’s (ADC Memorial) challenge to the requirement to register as a foreign agent, Senator Ben Cardin (MD), Chairman of the Commission Security and Cooperation in Europe (U.S. Helsinki Commission) made the following statement: “Often an organization closes its doors because they've accomplished a goal or outlived their usefulness to society or the market. But Russia's decision to force ADC Memorial in St. Petersburg to close if it does not register as a foreign agent is proof-positive that this NGO’s work is needed and their message is powerful. The affiliated Memorial in Moscow was founded during the Soviet period of perestroika to address a totalitarian past. Now, as the darkness of lies and propaganda appear again on the Russian horizon, we will not waiver in our support for groups like Memorial that are dedicated to telling the truth about the past and the present no matter the cost.” ADC Memorial is one of many nongovernmental organizations (NGOs) in Russia forced to fight for their right to operate in the wake of tremendous government pressure against them. Russian president Vladimir Putin has conducted a systematic campaign to shrink the space for independent voices in Russia. The “foreign agents law” enacted by Russia in 2012 requires all NGOs that accept foreign funds to register as foreign agents. Many groups such as ADC Memorial have decided to cease operations rather than submit to the onerous labeling and reporting requirements that are clearly meant to smear them as traitors and force them to close.

  • Confronting Internal Challenges and External Threats

    The hearing focused on the current situation in Ukraine and discussed how the United States, along with the including EU and the OSCE, could best assist Ukraine and deters further Russian aggression. Since November of 2014, Ukraine has been in turmoil, with a deteriorating economy, public unrest by millions of protesters against human rights abuses and corruption. Assistant Secretary of State for European and Eurasian Affairs Victoria Nuland discussed the geopolitical complications from Russia’s illegal referendum and annexation of Crimea, and stated that Russia's actions in Ukraine are an affront to the principles of the Helsinki Final Act. The United States' approach to the situation includes four pillars: bilateral and multilateral support for Ukraine's democratic future, the costs imposed on Russia for its aggressive actions, efforts to de-escalate the crisis diplomatically, and unwavering commitment to the security of NATO allies. The hearing also highlighted the work of the Commission’s delegation sent to monitor Ukraine’s May 25th elections.

  • Senator Cardin’s Floor Statement on Ukraine

    Mr. President, tomorrow we are going to have an opportunity to vote on S. 2124, and I am pleased to learn that it looks as if there is going to be overwhelming support in the Senate for the passage of S. 2124. This is the legislation that helps Ukraine in dealing with the invasion by Russia. Russia's illegal actions of using its military to overtake Crimea, a part of Ukraine, violate numerous international obligations that Russia has committed to. I have the honor of chairing the U.S. Helsinki Commission. The Helsinki Accords were entered into in 1975. Russia was one of the leading forces for forming the OSCE. Russia's taking over of Crimea violates its commitments it made under the Helsinki Final Act. It violates the 1994 Budapest Memorandum, which was signed by the United States, the United Kingdom, Ukraine, and Russia, that guaranteed basically Ukraine's integrity of its land. It violates the 1997 Ukraine-Russia bilateral treaty. It violates the U.N. Charter. The list goes on and on and on. So I believe it is absolutely essential that we have a strong voice in standing with the people of Ukraine. There was absolutely no justification whatsoever for Russia's action. There was no threat to any of the ethnic communities in Ukraine. All the rights of the people were being protected. The country was in transition from a corrupt government to a government that respected the rights of its citizens. If there was any provocation whatsoever of any unrest, it was caused by Russia's presence in Ukraine. We got reports from the chief rabbi in Kyiv that Russia was staging anti-Semitic provocations in Crimea, and the list goes on and on as to what Russia was doing in order to try to give some justification for its actions. Russia's thinly veiled land grab, cloaked in the cloth of self-determination, must not go unchallenged. Here is what I think is critically important: This is a dangerous precedent. We saw Russia use a similar action in Georgia, and now in Crimea in Ukraine. There are other territorial issues involved around the world. If this goes unchecked, if we do not speak with a unified voice, it just encourages more irresponsible action by Russia in other countries. We know that we have concerns about the South China Sea. We know we have concerns about Moldova. There are many other areas where Russia could be involved in its border areas. So all of these issues are matters for us to speak with a strong unified voice. S. 2124 does that. It does it in two principal ways. First, it imposes the sanctions against those responsible for  Russia's invasion into Crimea, Ukraine. It provides sanctions so that these individuals are not permitted to come to the United States. There are economic sanctions in regard to the use of our banking system. These are similar sanctions to what are now being imposed by our European allies. We need to isolate Russia. As we all know, the G8, which included Russia, is now a G7 without Russia. Russia needs to know that there will be sanctions imposed, and they will be stronger sanctions unless they stop this aggressive action. In addition, the legislation provides economic assistance to the new Government of Ukraine. Just 2 weeks ago the Prime Minister of Ukraine was here and met with Members of the Senate. I tell you, it was inspirational to listen to his vision for Ukraine as a democratic, independent state, with full integration into Europe. That is important. He is preparing for a May 25 election for the Presidency of Ukraine. These are all very, very positive steps. But if Ukraine does not have the economic foothold to be able to develop the type of economy and strength in their country, it will be difficult for Ukraine to be maintained as a viable independent state. Here is where the United States and our European allies, and I hope the global community, come together, as we have in this legislation, to provide economic help on a restructured economic plan for Ukraine that will help them move forward in a very constructive way. Mr. President, I must tell you I am disappointed, though, that the reforms of the IMF will be eliminated from this legislation. I think that is regrettable. We are entering into a plan for Ukraine that very much depends upon the IMF's--the International Monetary Fund's--plan to make sure that the moneys we are spending, Europe is spending, and other countries are loaning and providing to Ukraine are based upon a sound economic plan that will work. That is why the IMF is there. And they will be there. But the United States needs to be a full participant in the IMF. We are out of compliance, and here is another opportunity lost for us to be in full compliance with the IMF. I am disappointed about that. But as I said as I took the floor, we must speak with one voice--the Obama administration; the House, the Senate; the Congress--as we stand with the people of Ukraine for their integrity, for their independence, and for the adherence to international principles, which Russia has clearly violated.

  • Developments in the Western Balkans and Policy Responses

    This hearing on the Western Balkans examined the progress being made towards democratization. Commissioners Benjamin L. Cardin and Christopher H. Smith presided over the hearing, which included testimonies from: Hoyt Yee, Deputy Assistant Secretary for European and Eurasian Affairs for the U.S. Department of State;  Tanja Fajon, Member for the European Parliament from Slovenia; and Kurt Volker, Executive Director of the McCain Institute for International Leadership. This hearing held great significance, not only for the members of the Commission, but the wider foreign policy community, as whilst the Western Balkans is no longer the setting for violent conflict that it was two decades ago, the United States has had to devote considerable resources—financial, diplomatic and military —to restore peace and to encourage the democratic and other reforms necessary to sustain it. However, that job is not yet done—the need to see the task of a stable, democratic and fully integrated Western Balkans is yet to be completed.   http://www.senate.gov/isvp/?type=live&comm=csce&filename=csce030514

  • 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

  • Kyiv Ministerial Held Amid Protests

    On December 5 and 6, 2013, Kyiv hosted the 20th meeting of the Ministerial Council of the Organization for Security and Cooperation in Europe while hundreds of thousands of protestors occupied Maidan Nezalezhnosti, Kyiv’s central square. Although as 2013 OSCE Chair-in-Office, Ukraine had successfully shepherded a package of decisions to adoption in Kyiv, the meeting was dominated by demonstrations taking place throughout the country triggered on November 21 by the Ukrainian government’s suspension of preparations to sign integration agreements with the EU. Assistant Secretary of State for European and Eurasian Affairs Victoria Nuland represented the United States. She began the Ministerial by meeting with civil society activists, which she described as her “most important event” in Kyiv. In her opening statement at the Ministerial, she highlighted three “worrying trends” in OSCE participating States: the persecution of journalists, the rising intolerance of minorities, and “democratic backsliding” into restrictive laws and practices that violate civil liberties.

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