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Businessmen V. Investigators: Who Is Responsible for the Poor Russian Investment Climate?
BUSINESSMEN V. INVESTIGATORS: WHO IS ReSPONSIBLE FOR THE POOR RUSSIAN INVESTMENT CLIMATE? Dmitry Gololobov, University of Westminster (London, UK) This article aims to examine the extent to which Russian investigations into economic and financial crimes are influenced by such factors as systemic problems with Russian gatekeepers, the absence of a formal corporate whistle-blowing mechanism and the continuous abuse of the law by the Russian business community. The traditional critical approach to the quality and effectiveness of Russian economic and financial investigations does not produce positive results and needs to be reformulated by considering the opinions of entrepreneurs. The author considers that forcing Russian entrepreneurs, regardless of the size of their business, to comply with Russian laws and regulations may be a more efficient way to develop the business environment than attempting to gradually improve the Russian judicial system. It is also hardly possible to expect the Russian investigatory bodies to investigate what are effectively complex economic and financial crimes in the almost complete absence of a developed whistle-blowing culture. Such a culture has greatly contributed to the success of widely-publicised corporate and financial investigations in the United States and Europe. The poor development of the culture of Russian gatekeepers and the corresponding regulatory environment is one more significant factor that permanently undermines the effectiveness of economic investigations and damages the investment climate. Key words: Russia; investigation; economic crime; gatekeepers; whistleblowing. 1. Introduction The aim of this article is to analyse the ongoing conflict between Russian investigators and the Russian business community, and to make one more attempt at answering the long-standing question regarding how a satisfactory balance between the interests of effective investigation and the protection of the business community can be reached. -
Italy 2013 Human Rights Report
ITALY 2013 HUMAN RIGHTS REPORT EXECUTIVE SUMMARY Italy is a multi-party parliamentary democracy with a bicameral parliament consisting of the Chamber of Deputies and the Senate. The constitution vests executive authority in the Council of Ministers, headed by a prime minister, whose official title is President of the Council. The President of the Republic, who is the head of state, nominates the prime minister after consulting with the leaders of all political parties in parliament. International observers considered the national parliamentary elections February 24-25 free and fair. The law requires the government maintain civilian control over all security forces. Civilian authorities failed at times to maintain effective control over the security forces, and there were some reports security forces committed human rights abuses. Principal human rights problems included substandard living conditions in detention centers for undocumented mixed migrant populations, governmental corruption, societal prejudice, and municipal government policies permitting the mistreatment of Roma, which exacerbated their social exclusion and restricted their access to education, health care, employment, and other social services. Other human rights problems included excessive and abusive use of force by police in some cases, overcrowded prisons, the continued incarceration of pretrial detainees with convicted criminals, an inefficient judicial system that did not always provide speedy justice, violence, and harassment against women, sexual exploitation of children, and anti-Semitic vandalism. Trafficking for sexual and labor exploitation occurred. Observers also reported cases of violence against lesbian, gay, bisexual, and transgender (LGBT) persons and labor discrimination based on sexual orientation. Child labor and labor exploitation of irregular workers were also problems, especially in the service sector and the southern agricultural region. -
To the President of the Republic of Kazakhstan H.E. Kassym-Jomart Tokayev Mangilik Yel St
To the President of the Republic of Kazakhstan H.E. Kassym-Jomart Tokayev Mangilik Yel st. 6, Government House 010000, Nur-Sultan Kazakhstan Rome, 25 November 2020 Your Excellency, As members of the Parliament of the Italian Republic, we wish to express our deep concern about the alarming deterioration of fundamental freedoms in Kazakhstan, in the hope that your government will take constructive steps to comply with its international obligations in the field of human rights. The testimonies of human rights defenders report a worrying increase in the number of political prisoners. 23 detainees have been wrongly convicted for legitimately expressing their views on social platforms or participating in peaceful demonstrations. We, therefore, believe that the following political prisoners should be immediately released: Maks Bokayev, Almat Zhumagulov, Kenzhebek Abishev, Aset Abishev, Yerzhan Yelshibayev, Aron Atabek, Ruslan Ginatullin, Igor Chuprina, Igor Sychev and Sanavar Zakirova. Unfortunately, the abuse of anti-extremism legislation by the Kazakhstani authorities is a well-known practice to the international community. The secret decision to ban the peaceful opposition movement "Koshe Partiyasy" (“Street Party” in English) does not fulfil the recommendations contained in the European Parliament’s 2019 urgent resolution1 and in the appeals of the Parliamentary Assembly of the Council of Europe2 and of the UN Special Rapporteur, Fionnuala Ní Aoláin.3 Human rights organisations report that more than 177,000 members of the “Koshe Partiyasy” Telegram chat are at risk of imprisonment because of their support of the movement.4 Already 200 people were interrogated for their support of the "Koshe Partiyasy" and of another peaceful movement, the "Democratic Choice for Kazakhstan" (DCK). -
Open Dialog Foundation Within the Framework of Consultations of the High Commissioner for Human Rights
www.odfoundation.eu How to create and maintain space for the free and independent activities of civil society (taking Kazakhstan as an example) Recommendations of the Open Dialog Foundation within the framework of consultations of the High Commissioner for Human Rights Report published: 26 June, 2015 www.odfoundation.eu The Open Dialog Foundation was established in Poland, in 2009, on the initiative of Lyudmyla Kozlovska (who is currently the President of the Foundation). The statutory objectives of the Foundation include the protection of human rights, democracy and rule of law in the post-Soviet area. Particular attention of the Foundation is focused on the region’s largest countries: Kazakhstan, Russia and Ukraine. The Foundation pursues its goals through the organisation of observation missions, including election observation and monitoring of the human rights situation in the post-Soviet area. Based on these activities, the Foundation creates its reports and distributes them among the institutions of the EU, the OSCE and other international organisations, foreign ministries and parliaments of EU countries, analytical centres and media. In addition to observational and analytical activities, the Foundation is actively engaged in cooperation with members of parliaments involved in foreign affairs, human rights and relationships with the post-Soviet countries, in order to support the process of democratisation and liberalisation of their internal policies. Significant areas of the Foundation's activities also include support programmes for political prisoners and refugees. The Foundation has its permanent representative offices in Warsaw, Kiev and Brussels. Copyright: The Open Dialog Foundation, June 2015. 00-580 Warsaw Aleja Jana Chrystiana Szucha 11а, lok. -
Statement of the Open Dialogue Foundation on the Working Session 9: Humanitarian Issues and Other Commitments, Including
Statement of the Open Dialogue Foundation on the working session 9: Humanitarian issues and other commitments, including: combating trafficking in human beings, refugees and displaced persons, persons at risk of displacement Dear Ladies and Gentlemen, One of the fields of activity of the Open Dialogue Foundation is protection of political refugees and asylum seekers from undemocratic states. Very often political refugees from the post-Soviet countries are seeking asylum in Ukraine, whose authorities declare adherence to democratic values, but in reality cooperate with regimes in extradition issues. Political refugees often became victims of kidnapping and expulsion from Ukraine. Turkish citizens Salih Zeki Yigit and Yusuf Inan were kidnapped by Ukrainian Security Service and expelled to Turkey in 2018. Ukrainian Migration Service systematically denies the granting of asylum or subsidiary protection to those persecuted. In December 2018 Ukrainian Migration Service had refused to grant refugee status to Kazakhstani opposition journalist Zhanara Akhmetova, despite the fact that the Supreme Court of Ukraine ordered the migration service to reconsider its first negative decision. Yesterday District Administrative Court of Kyiv had refused to oblige the Migration Service to grant asylum to Akhmetova. Since 2017 Akhmetova is under the threat of being extradite or expelled from Ukraine to Kazakhstan where she faces imprisonment and tortures. Russian political refugee Alexey Vetrov unsuccessfully trying to be granted refugee status in Ukraine since 2014. The Migration Service of Ukraine denied the granting of asylum, citing that Russia is a ‘democratic state, governed by the rule of law’, where he won’t be facing any threats. The Open Dialogue Foundation urges the Ukrainian authorities, in particular the Ukrainian Parliament Commissioner for Human Rights, to pay attention to the case of Zhanara Akhmetova, Ardak Ashym and other political refugees from Kazakhstan, Russia and other undemocratic states. -
France Recognised the Political Nature of the Prosecution of Mukhtar Ablyazov, a Longtime Opponent of Nursultan Nazarbayev
www.odfoundation.eu France recognised the political nature of the prosecution of Mukhtar Ablyazov, a longtime opponent of Nursultan Nazarbayev. The need to obtain ‘additional testimonies’ against Ablyazov led to the intensification of a ‘hunt’ for former top managers of BTA Bank. In particular, the Kazakhstani authorities have kidnapped Zhaksylyk Zharimbetov from Turkey and are seeking the extradition of Anatoliy Pogorelov and Roman Solodchenko. Report was published on 10 February, 2017 www.odfoundation.eu The Open Dialog Foundation was established in Poland, in 2009, on the initiative of Lyudmyla Kozlovska (who is currently the President of the Foundation). The statutory objectives of the Foundation include the protection of human rights, democracy and rule of law in the postSoviet area. The Foundation focuses particular attention on the region’s largest countries: Kazakhstan, Russia and Ukraine. The Foundation pursues its goals through the organisation of observation missions, including election observation and monitoring of the human rights situation in the postSoviet area. Based on these activities, the Foundation produces reports and distributes them among the institutions of the EU, the OSCE and other international organisations, foreign ministries and parliaments of EU countries, analytical centres and the media. In addition to observational and analytical activities, the Foundation is actively engaged in cooperation with members of parliaments involved in foreign affairs, human rights and relationships with the postSoviet countries in order to support the process of democratisation and liberalisation of internal policies in the postSoviet area. Significant areas of the Foundation's activities also include support programmes for political prisoners and refugees. -
KAZAKHSTAN Human Rights Committee Briefing Paper - August 2015
THE SITUATION OF HUMAN RIGHTS DEFENDERS KAZAKHSTAN Human Rights Committee Briefing Paper - August 2015 Kazakhstan has demonstrated some interest in improving its human rights policies, consulting with civil society on reform, fulfilling Human Rights Committee (Committee) recommendations,1 and engaging with the Dialogue Platform on Human Dimension together with the Organization for Security and Co-operation in Europe (OSCE). Nevertheless, since the Committee’s Concluding Observations in 2011, the rights of human rights defenders (HRDs), civil society, journalists and the media in Kazakhstan guaranteed under the International Covenant on Civil and Political Rights (ICCPR) continue to be eroded. HRDs consistently face physical and verbal threats, intimidation, judicial harassment, and arbitrary detention.2 Legislation enshrined over the past year has entrenched pre-existing, and extended, limits on freedom of expression, association, peaceful assembly and religion, including disproportionate sanctions contrary to the ICCPR.3 The Committee, the European Union (EU), OSCE, various UN Special Rapporteurs, and civil society groups have all expressed concern about these regressions. RISKS TO HUMAN RIGHTS DEFENDERS OFFICIAL RESTRICTIONS on the space for human rights defenders • Kazakhstan is characterised by the use of State legislation and apparatus to severely restrict Freedom of Opinion and Expression freedom of expression and assembly as well as human rights monitoring and promotion. • The Special Rapporteur on freedom of religion or belief -
Joint Stakeholder Submission by the Open Dialogue Foundation (ODF), the Human Rights Defenders E.V. and the Arrested Lawyers
Joint Stakeholder Submission by the Open Dialogue Foundation (ODF), the Human Rights Defenders e.V. and the Arrested Lawyers Initiative to the UN Human Rights Council’s Universal Periodic Review – TURKEY 35th Session (Jan.-Feb. 2020) ARBITRARY APPLICATION OF ANTI-TERRORISM LAWS AND CRIMINALIZATION OF USING AN I- MESSAGE APPLICATION (BYLOCK) 16 July 2019 1 Joint Stakeholder Submission by the Open Dialogue Foundation (ODF), the Human Rights Defenders e.V. and the Arrested Lawyers Initiative to the UN Human Rights Council’s Universal Periodic Review – TURKEY 35th Session (Jan.-Feb. 2020) ARBITRARY APPLICATION OF ANTI-TERRORISM LAWS AND CRIMINALIZATION OF USING AN I-MESSAGE APPLICATION (BYLOCK) I. SUBMITTERS a. The Open Dialogue Foundation (ODF) was established in Poland in 2009 on the initiative of Ukrainian student and civic activist Lyudmyla Kozlovska (who currently serves as President of the Foundation). Since its founding, statutory objectives of the Foundation include the protection of human rights, democracy and the rule of law in the post-Soviet area. The Foundation originally focused its attention primarily on Kazakhstan, Russia, Ukraine and – since 2016 – Moldova, but this area of interest was expanded in July 2017 due to the rapidly deteriorating situation in Poland and other EU member states affected by illiberal policies implemented by their populist governments. ODF pursues its goals through the organisation of observation missions, monitoring especially individual human rights’ violation cases. The Foundation also has extensive experience in the field of protection of the rights of political prisoners and refugees. Based on its work, ODF publishes analytical reports and distributes them among the UN, EU institutions, OSCE, Council of Europe, foreign ministries and parliaments. -
Parliamentary Elections in Kazakhstan
INSIGHTi Parliamentary Elections in Kazakhstan January 22, 2021 Kazakhstan, a U.S. partner in areas such as regional security, counterterrorism, and nuclear nonproliferation, held parliamentary elections on January 10, 2021. According to the official tally, the ruling Nur Otan party won 71% of the vote, followed by Ak Zhol (11%) and the People’s Party of Kazakhstan (9%), granting each party 76, 12, and 10 seats, respectively, in the lower house of parliament. Two other parties, Auyl (5%) and Adal (4%), did not meet the 7% threshold to secure parliamentary mandates. No opposition parties participated in the elections, and the results yield a seat distribution broadly similar to the previous convocation of parliament, which included the same three parties. The Organization for Security and Cooperation in Europe (OSCE) concluded that the elections “lacked genuine competition,” noting that the electoral contest highlighted the necessity of the government’s promised reform program. Kazakhstan’s authoritarian government has touted recent legislative changes as furthering the democratization and modernization of the country’s political system. Critics argue, however, that these initiatives remain largely superficial. Kazakhstan is a presidential republic with power heavily concentrated in the executive. Although constitutional amendments passed in 2017 devolved some powers to the legislature, the dominant Nur Otan party is closely aligned with the executive branch. The bicameral parliament comprises a 49- member Senate, designed to be nonpartisan, in which 34 senators are indirectly elected and 15 are appointed by the president, and a 107-member lower chamber, the Majilis. Nine Majilis deputies are selected by the Assembly of the People of Kazakhstan (APK), a constitutional body representing the interests of Kazakhstan’s various ethnic groups. -
Migration and the Ukraine Crisis a Two-Country Perspective This E-Book Is Provided Without Charge Via Free Download by E-International Relations (
EDITED BY AGNIESZKA PIKULICKA-WILCZEWSKA & GRETA UEHLING Migration and the Ukraine Crisis A Two-Country Perspective This e-book is provided without charge via free download by E-International Relations (www.E-IR.info). It is not permitted to be sold in electronic format under any circumstances. If you enjoy our free e-books, please consider leaving a small donation to allow us to continue investing in open access publications: http://www.e-ir.info/about/donate/ i Migration and the Ukraine Crisis A Two-Country Perspective EDITED BY AGNIESZKA PIKULICKA-WILCZEWSKA & GRETA UEHLING ii E-International Relations www.E-IR.info Bristol, England 2017 ISBN 978-1-910814-27-7 (paperback) ISBN 978-1-910814-28-4 (e-book) This book is published under a Creative Commons CC BY-NC 4.0 license. You are free to: • Share – copy and redistribute the material in any medium or format • Adapt – remix, transform, and build upon the material Under the following terms: • Attribution – You must give appropriate credit, provide a link to the license, and indicate if changes were made. You may do so in any reasonable manner, but not in any way that suggests the licensor endorses you or your use. • Non-Commercial – You may not use the material for commercial purposes. Any of the above conditions can be waived if you get permission. Please contact [email protected] for any such enquiries, including for licensing and translation requests. Other than the terms noted above, there are no restrictions placed on the use and dissemination of this book for student learning materials / scholarly use. -
December 05, 2018 OPEN LETTER from NON-GOVERNMENTAL
December 05, 2018 OPEN LETTER FROM NON-GOVERNMENTAL ORGANIZATIONS IN SUPPORT OF A TARGETED, GLOBAL EU HUMAN RIGHTS SANCTIONS REGIME Dear Ministers of Foreign Affairs, We, the 90 undersigned organizations dedicated to the promotion of universal human rights and/or the fight against corruption, write to voice our strong support for the Foreign Affairs Council to initiate a process aimed at establishing an EU-wide program for the imposition of targeted sanctions on individuals and entities deemed responsible for serious human rights violations. Noting that the Foreign Affairs Council will take up this matter on December 10, 2018—the 70th anniversary of the adoption of the Universal Declaration of Human Rights—we urge all state representatives to honor the Declaration by supporting action on such a sanctions regime, and, in so doing, beginning the process of providing the EU with an additional, critical tool to combat impunity and defend human rights worldwide. Today more than ever, we recognize that the promotion and protection of equal and inalienable rights form the basis of justice, peace, and security. Where human rights are violated and corruption is allowed to flourish, individuals are less safe and communities are less stable and secure. With universal human rights and the rule of law under significant challenge globally, now is thus an opportune moment to take an unmistakable step forward in defense of our common values. As we have seen in countries that have enacted and utilized “Global Magnitsky” sanctions laws to date, a global human rights and anti-corruption sanctions program can serve as a vital addition to the diplomatic and legal toolkit essential to upholding human rights and the rule of law. -
Misuse of Interpol's Red Notices and Impact on Human Rights
STUDY Requested by the DROI committee Misuse of Interpol’s Red Notices and impact on human rights – recent developments Policy Department for External Relations Directorate General for External Policies of the Union PE 603.472 - January 2019 EN DIRECTORATE-GENERAL FOR EXTERNAL POLICIES POLICY DEPARTMENT STUDY Misuse of Interpol’s Red Notices and impact on human rights – recent developments ABSTRACT International organisations continue to report the abuse by some states of Interpol’s Notice System to persecute national human rights defenders, civil society activists and critical journalists in violation of international standards of human rights. Available case studies, written reports and interviews with organisations working in the field confirm the reported abuses. Recent Interpol reforms have made significant impact on safeguarding individuals both substantially and procedurally. Nevertheless, and especially considering the significant increase in the number of Notices and Diffusions in the Interpol system, reforms remain to be fully implemented and transparency and enforcement mechanisms continue to leave room for improvement. Taking as a point of departure the responses from the EU institutions and bodies, and EU Member States, the study recommends taking further steps for Interpol to ensure full implementation of recent reforms, a fully transparent system and consistent legal and procedural safeguards for individuals in the Interpol Notice System. EP/EXPO/B/COMMITTEE/FWC/2013-08/Lot8/22 EN January2019 - PE 603.472 © European Union, 2019 Policy Department, Directorate-General for External Policies This paper was requested by the European Parliament's Subcommittee on Human Rights (DROI) English-language manuscript was completed on 17 January 2019. Printed in Belgium.