THE PUTIN PATH: ARE HUMAN RIGHTS IN RETREAT? HEARING BEFORE THE COMMISSION ON SECURITY AND COOPERATION IN EUROPE ONE HUNDRED SIXTH CONGRESS SECOND SESSION MAY 23, 2000 Printed for the use of the Commission on Security and Cooperation in Europe [CSCE 106-2-9] Available via the World Wide Web: http://www.csce.gov U.S. GOVERNMENT PRINTING OFFICE WASHINGTON : 2001 67-553CC For sale by the Superintendent of Documents, U.S. Government Printing Office Internet: bookstore.gpo.gov Phone: (202) 5121800 Fax: (202) 5122250 Mail Stop SSOP, Washington, DC 204020001 COMMISSION ON SECURITY AND COOPERATION IN EUROPE LEGISLATIVE BRANCH COMMISSIONERS HOUSE SENATE CHRISTOPHER H. SMITH, New Jersey BEN NIGHTHORSE CAMPBELL, Colorado Chairman Co-Chairman FRANK R. WOLF, Virginia KAY BAILEY HUTCHISON, Texas MATT SALMON, Arizona SPENCER ABRAHAM, Michigan JAMES C. GREENWOOD, Pennsylvania SAM BROWNBACK, Kansas JOSEPH R. PITTS, Pennsylvania TIM HUTCHINSON, Arkansas STENY H. HOYER, Maryland FRANK R. LAUTENBERG, New Jersey BENJAMIN L. CARDIN, Maryland BOB GRAHAM, Florida LOUISE McINTOSH SLAUGHTER, New York RUSSELL D. FEINGOLD, Wisconsin MICHAEL P. FORBES, New York CHRISTOPHER J. DODD, Connecticut EXECUTIVE BRANCH COMMISSIONERS HAROLD HONGJU KOH, Department of State EDWARD L. WARNER III, Department of Defense PATRICK A. MULLOY, Department of Commerce COMMISSION S TAFF DOROTHY DOUGLAS TAFT, Chief of Staff RONALD J. MCNAMARA, Deputy Chief of Staff BEN ANDERSON, Communications Director ELIZABETH M. CAMPBELL, Office Manager OREST DEYCHAKIWSKY, Staff Advisor JOHN J. FINERTY, Staff Advisor CHADWICK R. GORE, Staff Advisor ROBERT HAND, Staff Advisor JANICE HELWIG, Staff Advisor MARLENE KAUFMANN, Counsel KAREN S. LORD, Counsel for Freedom of Religion MICHELE MADASZ, Staff Assistant/Systems Administrator MICHAEL J. OCHS, Staff Advisor (ii) THE PUTIN PATH: ARE HUMAN RIGHTS IN RETREAT? MAY 23, 2000 OPENING STATEMENTS PAGE Rep. Christopher H. Smith, Chairman .......................................................... 1 Sen. Ben Nighthorse Campbell, Co-Chairman .............................................. 3 Rep. Tom Lantos, Member of Congress ....................................................... 16 WITNESSES Testimony of Lt. General William Odom (Ret.), Director, National Security Studies, Hudson Institute .......................................................................... 4 Testimony of Igor Malashenko, First Deputy Chairman, Media-MOST, Moscow ........................................................................................................ 8 Testimony of Dr. Sarah Mendelson, Fletcher School of Law, Tufts University.................................................................................................. 27 Testimony of Rachel Denber, Deputy Director for Europe and Central Asia, Human Rights Watch ..................................................................... 31 Testimony of Dr. Georgi Derlugian, Northwestern University .................. 35 APPENDICES Prepared Submission of Hon. Christopher H. Smith .................................. 42 Prepared Submission of Hon. Ben Nighthorse Campbell ........................... 45 Prepared Submission of Hon. Steny H. Hoyer ............................................. 46 Prepared Submission of Hon. Matt Salmon ................................................ 47 Prepared Statement of Lt. General William Odom (Ret.) .......................... 48 Prepared Submission of Igor Malashenko ................................................... 53 Prepared Submission of Dr. Georgi Derlugian ............................................ 56 Prepared Submission of Sarah E. Mendelson ............................................. 60 Prepared Submission of Rachel Denber ....................................................... 68 Prepared Submission of Andrei Babitsky .................................................... 71 Prepared Submission of Boris Pustintsev .................................................... 73 (iii) THE PUTIN PATH: ARE HUMAN RIGHTS IN RETREAT? TUESDAY, MAY 23, 2000 COMMISSION ON SECURITY AND COOPERATION IN EUROPE, WASHINGTON, DC The Commission met at 10:30 a.m. in Room 2200, Rayburn House Office Building, the Honorable Christopher H. Smith, Chairman, pre- siding. Commissioners present: The Honorable Christopher H. Smith, Chairman; the Honorable Ben Nighthorse Campbell, Co-Chairman; the Honorable Steny H. Hoyer, Ranking Member; the Honorable Matt Salmon; the Honorable Tim Hutchinson. Witnesses present: Lt. General William Odom (Ret.), Director of National Security Studies, Hudson Institute; Igor Malashenko, First Deputy Chairman, Media-most, Moscow; Sarah Mendelson, Fletcher School of Law, Tufts University; Rachel Denber, Human Rights Watch; Georgi Derlugian, Northwestern University. OPENING STATEMENT OF HON. CHRISTOPHER H. SMITH, CHAIRMAN Mr. SMITH. The Commission will come to order. Good morning, ladies and gentlemen, distinguished guests, Mem- bers of the Commission. Welcome to this hearing entitled The Putin Path: Are Human Rights in Retreat? This hearing on Russia is one of a series of hearings the Commis- sion has held to examine human rights issues in the participating States of the Organization for Security and Cooperation in Europe (OSCE). The mandate of the Commission is to monitor and encour- age compliance with the provisions of the Helsinki Accords and suc- cessive documents of the OSCE. I have noted on previous occasions that Russia is no longer the dictatorial, closed society that it was during the Soviet period, and there are countries around the world where human rights are in much more perilous straits. I have yet to hear of a working church in Russia being destroyed by bulldozers and wrecking balls, as happened last November in Turk- menistan. We know in China religious believers are under incredible repression, whether they are the Falun Gong, the Catholic Church or the underground religious evangelicals. Nevertheless, religious lib- erty can be hindered in more subtle ways; for instance, when bureau- crats send police to harass worshipers and refuse to register an orga- nization. 2 Russia has multi-candidate presidential elections, with viable can- didates, unlike the Central Asian states where presidents do not tol- erate serious challengers. Nevertheless, how reliable are multi-can- didate elections as a gauge of democratic development when the media is intimidated by government pressure and raids? Under the administration of President Yeltsin, human rights ac- tivists achieved significant gains in making respect for human rights, if not a standard, at least a consideration in public policy. There is growing concern, however, that Russias development in human rights is taking a turn for the worse under recently elected President Vladimir Putin. The treatment of Radio Liberty journalist Andrei Babitsky and the recent armed raid on the offices of Media-MOST and Russias inde- pendent NTV network are only two of the most brazen and promi- nent examples of government pressure on media freedom. Further from the international spotlight, local authorities in Russias regions have been harassing and intimidating journalists who print what dis- pleases the powers-that-be. I dare say the treatment of Babitsky and the raid on Media-MOST, Moscow seems to signal to the regions that such a policy toward the media is acceptable. One of the brighter spots of civil society under President Yeltsin was the expansion of NGO activity. Now some more active human rights NGOs in Russia have been told by the authorities that they may not be registered until they remove from their charters the phrase, the protection of citizens rights. According to the legal wisdom behind this demand, only govern- ments can protect human rights. Such a policy clearly contravenes Article Eight of the Helsinki Accords, which confirms the right of the individual both to know and to act upon his rights and duties in this field. Of course, in some regions of Russia there is no pretense of legality. The region of Krasnodar has managed to acquire an especially nega- tive reputation for its treatment of NGOs. According to a report I recently received, local human rights activists have been beaten or jailed on bogus charges. The Krasnodar Public Association for the Defense of Human Rights was stripped of its registration and was threatened with liquidation. I have asked the State Department to look into this report. Another significant area of NGO activity has been in the environ- mental field. While the Russian Supreme Court was finally vindicat- ing Alexander Nikitin, other environmentalists are being harassed and even jailed by the security services. Given the state of post-Soviet Russias environment, one would ex- pect that a government with any interest in the future of its citizens would support legitimate environmental activism, but the Russian security services appear to put paranoia ahead of both people and profits. In todays Washington Post on page A-30, Putin abolishes Russias lone environmental agency makes the news as another step back- wards for Russia. 3 Of course, the carnage in Chechnya continues. The Helsinki Com- mission was recently visited by a physician from Chechnya who re- mained at his hospital while the war was raging about him. For try- ing to save the lives of both Russians and Chechens, both sides tried to kill him. It is chilling to hear this doctor describe how a Russian spotter plane flew over his clearly marked hospital to take coordinates for the next wave of planes loaded with bombs. It