Title

WASHINGTON—Yesterday, the Rodchenkov Anti-Doping Act (H.R. 835) passed the U.S. Senate, completing its course through both chambers of Congress. The bill now goes to President Donald Trump for signature. Passage of the bipartisan legislation has been spearheaded by Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Commissioner Sen. Sheldon Whitehouse (RI) in the Senate and former Commissioners Rep. Sheila Jackson Lee (TX-18) and Rep. Michael Burgess (TX-26) in the House of Representatives. The bill passed the House of Representatives in October 2019. “This legislation is a great bipartisan accomplishment for the rights of athletes, the protection of whistleblowers, and our common goal of keeping criminals out of international sports,” said Sen. Wicker. “The world’s top athletes should not have a life achievement ripped away from them through fraud—and no whistleblower should live in fear of retaliation for exposing that fraud, as Dr. Rodchenkov has been forced to do.” “Russia’s malicious, corrupt behavior on the international stage demands a strong rejoinder,” said Sen. Whitehouse.  “The World Anti-Doping Agency and the International Olympic Committee have failed to hold Russia accountable for its brazen cheating program in Sochi. Ahead of the next Olympics, the Rodchenkov Anti-Doping Act will create stiff penalties for doping and send a message to Russia and the world that state-sponsored fraud will not be tolerated.”  The bill advanced through the legislative process entirely on consensus-based procedures, demonstrating the wide bipartisan support for the measure. The legislation also has received overwhelming support from amateur and professional sport organizations, including the U.S. Anti-Doping Agency (USADA), the U.S. Olympic and Paralympic Committee (USOPC), the U.S. Olympic and Paralympic Committee Athletes’ Advisory Council, the U.S. Olympians and Paralympians Association, Major League Baseball (MLB), the National Football League (NFL), the National Hockey League (NHL), and PGA TOUR. The Rodchenkov Anti-Doping Act will: Establish criminal penalties for participating in a scheme in commerce to influence a major international sport competition through prohibited substances or methods. This section applies to all major international sport competitions in which U.S. athletes participate, and where organizing entities receive sponsorship from companies doing business in the United States or are compensated for the right to broadcast their competition there, so that international fraud against Americans will not go unpunished. Penalties will include fines of up to $1,000,000, or imprisonment of up to 10 years, depending on the offense. Provide restitution to victims of such conspiracies. Athletes and other persons who are victims of major international doping fraud conspiracies shall be entitled to mandatory restitution for losses inflicted upon them by fraudsters and conspirators. Protect whistleblowers from retaliation. By criminalizing participation in a major international doping fraud conspiracy, whistleblowers will be included under existing witness and informant protection laws. Establish coordination and sharing of information with the United States Anti-Doping Agency. Federal agencies involved in the fight against doping shall coordinate and share information with USADA, whose mission is to preserve the integrity of competition, inspire true sport, and protect the rights of athletes, to enhance their collective efforts to curb doping fraud. In 2016, Dr. Grigory Rodchenkov exposed the Russian state-sponsored doping scandal that took place during the 2014 Sochi Olympics. By deceiving international anti-doping authorities and swapping athletes’ samples, Russian officials cheated U.S. athletes out of Olympic glory and U.S. corporations out of honest sponsorships. These corrupt officials used bribes and illicit payments, sometimes through U.S. financial institutions, to commit this fraud. Unfortunately, the masterminds behind the Russian doping operation escaped punishment for their actions because there was no U.S. legal mechanism to bring them to justice. In February 2018, the Helsinki Commission held a briefing featuring Dr. Rodchenkov’s attorney, Jim Walden, on combating fraud in sports and the role of whistleblowers in safeguarding the integrity of international competitions.  In March, Commissioners Sen. Ben Cardin (MD) and Sen. Cory Gardner (CO) and Rep. Jackson Lee met with Dr. Rodchenkov to discuss the threat posed by Russia to the United States, corruption in international sports bodies, and how the United States can contribute to the international effort to counter doping fraud. In July, the Helsinki Commission held a hearing that explored the interplay between doping fraud and globalized corruption and U.S. policy responses, including the Rodchenkov Anti-Doping Act. In October 2018, the U.S. Department of Justice indicted seven individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of U.S. and international anti-doping agencies who investigated and publicly condemned Russia’s state-sponsored doping program. The hacking victims also included 230 athletes from approximately 30 countries. The operation was part of a disinformation campaign in which victims’ personal email communications and individual medical and drug testing information, sometimes modified from its original form, was used to promote media coverage to further a narrative favorable to the Russian government. In October 2020, the U.S. Department of Justice indicted a further six individuals for involvement in a Russian-operated military intelligence program in which GRU officers are alleged to have conducted sophisticated hacking of entities and organizations involved with the 2018 PyeongChang Olympic Games.

WASHINGTON—In response to the tumultuous change of power in Kyrgyzstan, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “Kyrgyzstan should ensure that changes to its electoral system adhere to the rule of law, are transparent, and allow for input from civil society. Its citizens, many of whom took to the streets in protest over allegations of vote buying and corruption during the annulled October 4 parliamentary election, should have confidence that the system is fair and that new elections are conducted properly and reflect the will of the people. “For the country to move forward, authorities should seriously address endemic corruption and protect private businesses and foreign investment. We are also disturbed by reports of pressure and harassment directed toward political opposition, human rights activists, and journalists. We urge Kyrgyzstan to ensure that human rights are protected during this difficult time, including the rights of persons belonging to ethnic minorities. “We believe that the Organization for Security and Cooperation in Europe could play an instrumental role in assisting Kyrgyzstan with any electoral or constitutional changes, as well as preparations for and observation of new elections. It also could support the role of civil society and independent media. Kyrgyzstan should take full advantage of this possibility.” What started as a popular revolt by youth and opposition groups over fraudulent elections on October 4 and endemic corruption resulted in the resignation of President Jeenbekov and the installation of Sadyr Japarov as both Kyrgyzstan’s acting president and prime minister. OSCE election observers concluded that the October 4 parliamentary election “was competitive and candidates could, in general, conduct their activities freely” but “credible allegations of vote buying remain a serious concern” and “a number of controversial CEC decisions raised questions about its impartiality.” The country will hold both new parliamentary and new presidential elections. Presidential elections have been scheduled for January 10, but the timing for parliamentary elections remains unclear. Parliament has already made some changes to the electoral code and is discussing further reform. Japarov announced that he would step down as president in December to allow him to run for president and thereby get around a constitutional provision that bans the acting president from doing so.

WASHINGTON—After a major outbreak of violence between Armenian and Azerbaijani forces Sunday in Nagorno-Karabakh, Helsinki Commission leaders Chairman Rep. Alcee L. Hastings (FL-20), Co-Chairman Sen. Roger Wicker (MS), and Commissioner Rep. Richard Hudson (NC-08) deplored the loss of life on both sides and called for the immediate cessation of violence and resumption of negotiations. “I am deeply concerned about the resumption in fighting between the sides, and the needless suffering it is once again inflicting on civilians,” said Chairman Hastings. “The sides must immediately cease hostilities and return to the positions held prior to Sunday’s events, in order to de-escalate the situation.” “This renewed outbreak of hostilities is a serious threat to regional stability. I hope it will not spark a broader confrontation,” said Co-Chairman Wicker. “Outside parties should not exacerbate the situation by intervening in the violence.” “The sides must use the auspices of the OSCE Minsk Group to find a solution to this conflict,” said Rep. Hudson, who also chairs the OSCE Parliamentary Assembly Committee on Political Affairs and Security. “There is no alternative to a peaceful negotiated solution of the conflict. We in the United States intend to maintain our efforts to work with the sides to settle the conflict peacefully and sustainably.” Heavy fighting broke out Sunday between Armenian and Azerbaijani forces along the line of contact separating the sides in the conflict over the disputed Nagorno-Karabakh region. The exchange of air strikes, rocket attacks, and artillery fire killed dozens of soldiers and civilians and injured more than a hundred, marking the worst fighting since 2016. Armenian forces occupy most of Nagorno-Karabakh and all or part of seven surrounding Azerbaijani provinces, all within Azerbaijan’s internationally recognized boundaries. The sides fought a war in the early 1990s over the fate of the historically Armenian-majority enclave following the collapse of the Soviet Union, ending in a 1994 ceasefire that governs the conflict today. Since the late 1990s, the United States, France, and Russia have co-chaired the OSCE Minsk Group process, the international format dedicated to facilitating a negotiated resolution to the conflict.

WASHINGTON—Following the August 9 presidential election in Belarus and ongoing violence against protesters across the country, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “From the earliest stages of campaigning, Alexander Lukashenko has ruthlessly suppressed his political opponents, independent media, and ordinary citizens advocating for change. This electoral 'victory' was accomplished through blatant manipulation and fraud, as well as threats and violence. The United States stands with the people of Belarus, who have a right to make free choices about their country’s future and to protest peacefully.” In June and July 2020, longtime president of Belarus Alexander Lukashenko eliminated his main political competition through disqualification or imprisonment. Numerous protestors, supporters of opposition candidates, and journalists were arrested in the lead-up to the election. Belarus’ Central Election Commission stated on August 9 that more than 80 percent of voters voted for Lukashenko, with opposition candidate Svetlana Tsikhanovskaya, who drew unprecedented crowds to her rallies, receiving about 10 percent of the vote. Experts consider these numbers to be highly inaccurate. Following the election, protests across Belarus have been marked by mobile internet shutdowns, police violence, and mass arrests. According to international observers, Belarus has not had free and fair national elections since Lukashenko was first elected president in 1994.

WASHINGTON—Following last weekend’s death of Kyrgyz human rights defender Azimjan Askarov in prison, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “We are deeply saddened by the tragic death of human rights activist Azimjan Askarov and extend our condolences to his family and friends. It is a travesty that Kyrgyz authorities never addressed Mr. Askarov’s credible allegations of torture or rectified the violations of fair trial standards, which were documented by the OSCE and others. Instead, the poor handling of his case demonstrated the shortcomings of the country’s judicial system and authorities’ ethnic nationalism. “Only weeks ago, we called on President Jeenbekov to release Mr. Askarov immediately because of his poor health. We will not forget Mr. Askarov or the injustices inflicted on him by the Kyrgyz authorities.” Activist Azimjan Askarov died on July 25, 2020, one day after being transferred to a prison hospital. He had suffered from poor health for years, but his heath reportedly had deteriorated in the past weeks. He was 69. Mr. Askarov was charged with incitement in relation to the murder of a policeman in 2010 during the ethnic violence in southern Kyrgyzstan that left hundreds of mainly ethnic Uzbeks dead. Although they were the vast majority of victims, ethnic Uzbeks, including Mr. Askarov, also were the majority of those accused of fomenting the violence. Prior to 2010, Mr. Askarov had worked to uncover police corruption and abuse in the community, and his arrest may have been retaliation. The Organization for Security and Cooperation in Europe (OSCE) monitored his trials in 2010 and 2011 and documented “serious violations of fair trial standards…the failure of the authorities to adequately address the intimidation of defense witnesses and lawyers, to consider exculpatory evidence, and to effectively follow-up on visible signs of torture.” In 2016, the United Nations Human Rights Committee found that Kyrgyzstan had violated its international commitments and that Mr. Askarov had “been arbitrarily detained, held in inhumane conditions, tortured and mistreated, and prevented from adequately preparing his trial defense.”

WASHINGTON—Following the recent designations under the United Kingdom’s Magnitsky sanctions framework of Russian and Saudi officials responsible for the deaths of Sergei Magnitsky and Jamal Khashoggi, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) and Ranking Member Sen. Ben Cardin (MD) released the following statement: “We are encouraged to see the United Kingdom applying its first-ever independent Magnitsky sanctions. These sanctions demonstrate that following Brexit, the UK remains committed to fighting human rights abuse and kleptocracy. “We hope the UK will continue to apply Magnitsky sanctions as needed and develop additional anti-corruption policies to stem the flow of illicit wealth into the country. We also encourage the European Union to move forward on plans to develop its own Magnitsky sanctions. Consequences for bad acts are most effective when imposed in concert.” The UK passed its Magnitsky sanctions law in 2018. That same year, Russia attempted to assassinate Sergei Skripal, a former Russian double agent who spied for the UK, in Salisbury, England. UK Magnitsky sanctions freeze the assets of designees and prevent them from entering the country, and are expected to be a powerful deterrent for kleptocrats, given the propensity of corrupt officials to steal and launder money into London as well as send their children to British boarding schools. In December 2019, EU High Representative for Foreign Affairs and Security Policy Josep Borrell announced that the EU would start preparatory work for the equivalent of a Magnitsky sanctions mechanism. However, no further progress has been reported. In May 2020, Co-Chairman Wicker and Sen. Cardin urged U.S. Secretary of State Mike Pompeo to ask High Representative Borrell to expedite the adoption of EU sanctions on human rights abusers and include provisions for sanctioning corruption.

WASHINGTON—In a letter to Swiss Ambassador Jacques Pitteloud released today, Helsinki Commission Co-Chairman Sen. Roger Wicker (MS) urged the Government of Switzerland to take the necessary steps to restore confidence in the integrity of the Magnitsky investigation and ensure its timely resolution. The letter reads in part: “Sergei Magnitsky’s story has become emblematic of the struggle of many Russians to fight the corruption of their own government at great risk to themselves. While I have been dispirited by the brutality shown the Russian journalists and civil society activists who carry on Magnitsky’s legacy of bravely telling the truth, I am also heartened by the tenacity of these individuals. They depend on countries like ours to hold their oppressors to account. “Given all that is at stake, I was surprised to learn that a Swiss Federal Police officer, Vincenz Schnell, went on a bear-hunting trip with Russian prosecutors paid for by Russian oligarchs. Though he has now been found guilty of accepting this and other gifts from Russia, the Magnitsky case has lingered for years and will be nearing its end when the statute of limitations expires in 2023.” Schnell’s former boss and top Swiss law enforcement official, Federal Prosecutor Michael Lauber, currently is facing impeachment proceedings following allegations of mishandling high-profile corruption and money laundering cases. For example, Lauber was forced to recuse himself from a U.S.-led investigation of corruption within FIFA, soccer’s international governing body, after it was discovered he was meeting with FIFA’s president. Russian officials were among the targets of this investigation for bribes paid to secure the World Cup. The full text of the letter can be found below: Dear Ambassador Pitteloud, I was troubled to learn that the most senior Russia specialist in Swiss law enforcement with responsibility for investigating the Magnitsky case was caught accepting gifts from Russian officials. The reports indicate that these gifts were meant to stymie the swift administration of justice in this case. As a member of the Helsinki Commission, I have followed this case from its inception. Sergei Magnitsky’s story has become emblematic of the struggle of many Russians to fight the corruption of their own government at great risk to themselves. While I have been dispirited by the brutality shown the Russian journalists and civil society activists who carry on Magnitsky’s legacy of bravely telling the truth, I am also heartened by the tenacity of these individuals. They depend on countries like ours to hold their oppressors to account. Given all that is at stake, I was surprised to learn that a Swiss Federal Police officer, Vincenz Schnell, went on a bear-hunting trip with Russian prosecutors paid for by Russian oligarchs. Though he has now been found guilty of accepting this and other gifts from Russia, the Magnitsky case has lingered for years and will be nearing its end when the statute of limitations expires in 2023. The last Swiss actions that I am aware of in the Magnitsky case were the 2011 freezing of $11 million against Olga and Vladlen Stepanov and the 2012 freezing of $8 million against Prevezon. In the United States, we have added the Stepanovs to the Magnitsky sanctions list, where their assets are frozen and visas cancelled for their role in the Magnitsky case. U.S. law enforcement also prosecuted Prevezon for using proceeds from the Magnitsky case to purchase New York real estate and Prevezon has now paid a $6 million settlement to our government. My Senate colleagues and I are committed to seeing justice done in the Magnitsky case and preventing Russian kleptocrats from reaping the proceeds of corruption. I hope to hear from you as to what steps your government has taken and will take in the future to restore confidence in the integrity of this investigation and ensure its timely resolution. Sincerely, Roger F. Wicker Co-Chairman

WASHINGTON—In response to the May 13 decision of the Supreme Court of Kyrgyzstan to uphold the life sentence of Kyrgyz human rights defender Azimjan Askarov, Helsinki Commission Chairman Rep. Alcee L. Hastings (FL-20) and Co-Chairman Sen. Roger Wicker (MS) issued the following statement: “We are extremely disappointed by the decision of Kyrgyzstan’s Supreme Court to reject the appeal of human rights activist Azimjan Askarov. This continues the travesty of justice that has left Mr. Askarov languishing in prison for more than a decade and demonstrates the serious shortcomings of Kyrgyzstan’s court system. We call on President Jeenbekov to release Mr. Askarov immediately, even on humanitarian grounds because of his poor health.” Azimjan Askarov was charged with incitement in relation to the murder of a policeman in 2010 during the ethnic violence in southern Kyrgyzstan that left hundreds of mainly ethnic Uzbeks dead. Although they were the vast majority of victims, ethnic Uzbeks, including Mr. Askarov, also were the majority of those accused of fomenting the violence. Prior to 2010, Mr. Askarov had worked to uncover police corruption and abuse in the community, and his arrest may have been retaliation. The Organization for Security and Cooperation in Europe (OSCE) monitored his trials in 2010 and 2011 and documented “serious violations of fair trial standards…the failure of the authorities to adequately address the intimidation of defense witnesses and lawyers, to consider exculpatory evidence, and to effectively follow-up on visible signs of torture.” In 2016, the United Nations Human Rights Committee found that Kyrgyzstan had violated its international commitments and that Mr. Askarov had “been arbitrarily detained, held in inhumane conditions, tortured and mistreated, and prevented from adequately preparing his trial defense.” Mr. Askarov’s family have reported that his health continues to decline; they also are concerned about the possibility of his contracting COVID-19 in prison.