106th CONGRESS Printed for the use of the 2nd Session Commission on Security and Cooperation in Europe Torture in the OSCE Region June 21, 2000 Briefing of the Commission on Security and Cooperation in Europe WASHINGTON : 2001 COMMISSION ON SECURITY AND COOPERATION IN EUROPE 234 Ford House Office Building Washington, Dc 20515-6460 (202) 225-1901 [email protected] http://www.csce.gov LEGISLATIVE BRANCH COMMISSIONERS HOUSE SENATE CHRISTOPHER H. SMITH, New Jersey BEN NIGHTHORSE CAMPBELL, Colorado Co- Chairman 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 STAFF DOROTHY DOUGLAS TAFT, Chief of Staff RONALD J. MCNAMARA, Deputy Chief of Staff BEN ANDERSON, Communications Director, ELIZABETH M. CAMPBELL, Office Administrator OREST DEYCHAKIWSKY, Staff Advisor JOHN F. 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 ERIKA B. SCHLAGER, Counsel for International Law MAUREEN T. WALSH, General Counsel ii ABOUT THE ORGANIZATION (OSCE) The Conference on Security and Cooperation in Europe, also known as the Helsinki process, traces its origin to the signing of the Helsinki Final Act in Finland on August 1, 1975, by the leaders of 33 European countries, the United States and Canada. Since then, its membership has expanded to 55, reflecting the breakup of the Soviet Union, Czechoslova- kia, and Yugoslavia. (The Federal Republic of Yugoslavia, Serbia and Montenegro, has been suspended since 1992, leaving the number of countries fully participating at 54.) As of Janu- ary 1, 1995, the formal name of the Helsinki process was changed to the Organization for Security and Cooperation in Europe (OSCE). The OSCE is engaged in standard setting in fields including military security, economic and environmental cooperation, and human rights and humanitarian concerns. In addition, it undertakes a variety of preventive diplomacy initiatives designed to prevent, manage and resolve conflict within and among the participating States. The OSCE has its main office in Vienna, Austria, where weekly meetings of permanent representatives are held. In addition, specialized seminars and meetings are convened in various locations and periodic consultations among Senior Officials, Ministers and Heads of State or Government are held. ABOUT THE COMMISSION (CSCE) The Commission on Security and Cooperation in Europe (CSCE), also known as the Helsinki Commission, is a U.S. Government agency created in 1976 to monitor and encour- age compliance with the agreements of the OSCE. The Commission consists of nine members from the U.S. House of Representatives, nine members from the U.S. Senate, and one member each from the Departments of State, Defense and Commerce. The positions of Chair and Co-Chair are shared by the House and Senate and rotate every two years, when a new Congress convenes. A professional staff assists the Commissioners in their work. To fulfill its mandate, the Commission gathers and disseminates information on Hel- sinki-related topics both to the U.S. Congress and the public by convening hearings, issuing reports reflecting the views of the Commission and/or its staff, and providing information about the activities of the Helsinki process and events in OSCE participating States. At the same time, the Commission contributes its views to the general formulation of U.S. policy on the OSCE and takes part in its execution, including through Member and staff participation on U.S. Delegations to OSCE meetings as well as on certain OSCE bodies. Members of the Commission have regular contact with parliamentarians, government offi- cials, representatives of non-governmental organizations, and private individuals from OSCE participating States. iii TORTURE IN THE OSCE REGION JUNE 21, 2000 PARTICIPANTS Page Rep. Christopher H. Smith, Chairman, Commission on Security and Cooperation in Europe ................................................................................................. 1 Rep. Joseph R. Pitts, Member ................................................................................................. 6 Dr. Inge Genefke, International Rehabilitation Council for Torture Victims................... 3 Maureen Greenwood, Advocacy Director, Europe and the Middle East, Amnesty International ......................................................................................................... 6 Douglas Johnson, Executive Directorm, Center for the Victims of Torture ................... 11 APPENDICES Prepared Submission of Maureen Greenwood .................................................................... 21 iv TORTURE IN THE OSCE REGION WEDNESDAY, JUNE 21, 2000 COMMISSION ON SECURITY AND COOPERATION IN EUROPE WASHINGTON, DC The briefing was held at 10:00 a.m., in room 2255, Rayburn House Office Building, Hon. Christopher H. Smith, Chairman, presiding. Commissioners present: Hon. Christopher H. Smith, Chairman; Hon. Joseph R. Pitts, Commission Member. Witnesses present: Dr. Inge Genefke, Secretary-General, International Rehabilita- tion Council for Torture Victims; Maureen Greenwood, Advocacy Director, Europe and the Middle East, Amnesty International; Douglas Johnson, Executive Director, Center for the Victims of Torture. Mr. SMITH. Id like to begin this briefing and then get right to our very distinguished presenters. My name is Chris Smith, and I chair the Commission on Security and Coop- eration in Europe. In 1998, the U.N. General Assembly adopted a resolution declaring June 26 to be the United Nations Day in Support of the Victims of Torture. In advance of this years com- memoration, the Helsinki Commission is holding this briefing to focus on the continuing problem of torture in the OSCE region. The issue of torture is one of longstanding concern to the Commission. We have ad- dressed it at many Commission hearings and briefings. We have raised it at OSCE imple- mentation review meetings. We urged inclusion of language on torture adopted by the OSCE Summit of Heads of State and Government held in Istanbul last November. In addi- tion, I introduced and worked for passage of two bills that have become law, the Torture Victims Relief Act and the Reauthorization of the Torture Victims Relief Act. The first law authorized $31 million over 2 years, $7.5 million for domestic centers, $7.5 for the international centers, and then $3 million in each of those 2 years for the Victims of Tor- ture Voluntary Fund at the United Nations. Last year, we were able to get a 3-year autho- rization. Cynthia McKinney, who is our ranking member on the International Operations and Human Rights Subcommittee, was very helpful in not only co-sponsoring but moving that legislation. That provides $75 million for more than 3 years, until the year 2003; $10 million for the domestic centers, $10 million for the international centers, and then $5 million for each of those 3 years to the UN Voluntary Fund for Victims of Torture. It is a start. Now we are fighting for the appropriated dollars, but we at least have the marker there with the authorization and hopefully our appropriators and the administra- tion will meet that authorization. In spite of these efforts and the efforts of our Commission which I just mentioned, torture continues to be a persistent problem in every OSCE country including the United States. No OSCE country has no instances of torture or cruel, inhuman and degrading 1 treatment. Nevertheless, while every country must work to address this compelling hu- man rights problem, there are some places where the scale and the magnitude of the use of torture is so egregious that it cries out for concerted action. The participants at the OSCE meeting on torture gave several examples of countries or contexts that they argued deserved particular attention. First, conflict settings. Where violent conflicts have erupted or where there are per- ceived threats to national security, there is an increased likelihood that torture or other forms of inhumane treatment will occur. This has certainly been the case in Serbia and other conflicts in the OSCE region such as Chechnya. Second, there are countries where torture does not merely appear as a tool of mis- guided police officials looking for quick and easy ways to obtain a confession, but where it is used systematically as a means of political oppression. This is certainly the case under the repressive dictatorship of President Karimov in Uzbekistan. Third, religious and ethnic minorities such as Jehovahs Witnesses in Turkmenistan or Roma in Hungary are often singled out for torture or police brutality. Finally, torture may threaten the very foundations of democracy as it has in Turkey, where the governments counterproductive reaction to allegations of torture has led to violations of other rights, including the denial of fair trials and restrictions