[Joint House and Senate Hearing, 115 Congress]
[From the U.S. Government Publishing Office]
BORIS NEMTSOV, 1959 2015: SEEKING
JUSTICE, SECURING HIS LEGACY
=======================================================================
HEARING
before the
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
ONE HUNDRED FIFTEENTH CONGRESS
SECOND SESSION
__________
FEBRUARY 28, 2018
__________
Printed for the use of the
Commission on Security and Cooperation in Europe
[CSCE 115-2-1]
[GRAPHIC(S) NOT AVAILABLE IN TIFF FORMAT]
Available via www.csce.gov
_________
U.S. GOVERNMENT PUBLISHING OFFICE
28-910 PDF WASHINGTON : 2018
____________________________________________________________________
For sale by the Superintendent of Documents, U.S. Government Publishing Office,
Internet:bookstore.gpo.gov. Phone:toll free (866)512-1800;DC area (202)512-1800
Fax:(202) 512-2104 Mail:Stop IDCC,Washington,DC 20402-001
COMMISSION ON SECURITY AND COOPERATION IN EUROPE
LEGISLATIVE BRANCH COMMISSIONERS
HOUSE
SENATE
CHRISTOPHER H. SMITH, New Jersey, ROGER F. WICKER, Mississippi,
Co-Chairman Chairman
ALCEE L. HASTINGS, Florida BENJAMIN L. CARDIN, Maryland
ROBERT B. ADERHOLT, Alabama JOHN BOOZMAN, Arkansas
MICHAEL C. BURGESS, Texas CORY GARDNER, Colorado
STEVE COHEN, Tennessee MARCO RUBIO, Florida
RICHARD HUDSON, North Carolina JEANNE SHAHEEN, New Hampshire
RANDY HULTGREN, Illinois THOM TILLIS, North Carolina
SHEILA JACKSON LEE, Texas TOM UDALL, New Mexico
GWEN MOORE, Wisconsin SHELDON WHITEHOUSE, Rhode Island
EXECUTIVE BRANCH COMMISSIONERS
Vacant, Department of State
Vacant, Department of Commerce
Vacant, Department of Defense
[ii]
BORIS NEMTSOV, 1959-2015: SEEKING
JUSTICE, SECURING HIS LEGACY
----------
February 28, 2018
COMMISSIONERS
Page
Hon. Roger F. Wicker, Chairman, Commission on Security and
Cooperation in Europe.......................................... 1
Hon. Benjamin L. Cardin, Ranking Member, Commission on Security
and Cooperation in Europe...................................... 2
Hon. Jeanne Shaheen, Commissioner, Commission on Security and
Cooperation in Europe.......................................... 14
Hon. Christopher H. Smith, Co-Chairman, Commission on Security
and Cooperation in Europe...................................... 19
Hon. Cory Gardner, Commissioner, Commission on Security and
Cooperation in Europe
WITNESSES
Zhanna Nemtsova, daughter of Boris Nemtsov....................... 3
Vladimir Kara-Murza, Chairman, Boris Nemtsov Foundation for
Freedom........................................................ 5
Vadim Prokhorov, lawyer for the Nemtsov family................... 7
APPENDIX
Prepared statement of Hon. Roger F. Wicker....................... 29
Prepared statement of Hon. Benjamin L. Cardin.................... 31
Prepared statement of Hon. Christopher H. Smith.................. 33
BORIS NEMTSOV, 1959-2015: SEEKING
JUSTICE, SECURING HIS LEGACY
----------
February 28, 2018
Commission on Security and Cooperation in Europe
Washington, DC
The hearing was held at 3:32 p.m. in Room 138, Dirksen
Senate Office Building, Washington, DC, Hon. Roger F. Wicker,
Chairman, Commission on Security and Cooperation in Europe,
presiding.
Commissioners present: Hon. Roger F. Wicker, Chairman,
Commission on Security and Cooperation in Europe; Hon. Benjamin
L. Cardin, Ranking Member, Commission on Security and
Cooperation in Europe; Hon. Christopher H. Smith, Co-Chairman,
Commission on Security and Cooperation in Europe; Hon. Jeanne
Shaheen, Commissioner, Commission on Security and Cooperation
in Europe; and Hon. Cory Gardner, Commissioner, Commission on
Security and Cooperation in Europe.
Witnesses present: Zhanna Nemtsova, daughter of Boris
Nemtsov; Vladimir Kara-Murza, Chairman, Boris Nemtsov
Foundation for Freedom; and Vadim Prokhorov, lawyer for the
Nemtsov family.
HON. ROGER F. WICKER, CHAIRMAN, COMMISSION ON SECURITY AND
COOPERATION IN EUROPE
Mr. Wicker. If it seems that Senator Cardin and I are
rushing, it's because we have a lot to do in an hour. Senator
Cardin and I have a series of votes that begin at 4:30. I don't
know if any House members are expected today, but Senator
Cardin and I will have some brief comments and then we'll get
to our witnesses.
We're turning our attention in today's hearing to the loss
of one of Russia's great democratic reformers, Boris Nemtsov,
who was gunned down within sight of the Kremlin three years ago
yesterday. Although the triggermen were apprehended and tried
for their crime, the masterminds behind it have never been
identified. Our witnesses today are people who knew Boris
Nemtsov well. I stood behind them yesterday at the ceremony to
rename a section of Wisconsin Avenue as Boris Nemtsov Plaza. I
am very pleased that this hearing will focus on the legacy of
Boris Nemtsov as Russians prepare to cast their votes in
another presidential election next month.
We are honored to have his daughter, Ms. Zhanna Nemtsova,
join us and reflect on her father's work and the prospects for
realizing his dream of a free and democratic Russia. Ms.
Nemtsova is joined by someone who is no stranger to members of
the Helsinki Commission nor in the halls of Congress, thanks to
his tireless and courageous work for democracy in Russia. Mr.
Vladimir Kara-Murza knows better than almost anyone about the
intense and all-too-often lethal pressure being applied to
brave Russians like him and Boris Nemtsov, who engage in
opposition politics. Mr. Kara-Murza directed the documentary
film, ``Nemtsov,'' a truly remarkable tribute to Boris, which
opened in Nizhny Novgorod, and was screened in Moscow, St.
Petersburg, and Washington, where many people in the room had a
chance to see it. We're also very fortunate to have Mr. Vadim
Prokhorov, the lawyer for the Nemtsov family, who's worked for
years now to see the masterminds of this heinous act brought to
justice.
As I mentioned, yesterday our witnesses participated in the
naming ceremony for the Boris Nemtsov Plaza. As an American,
I'm proud that Washington held the very first such official
memorial of Boris Nemtsov anywhere in the world. The Russian
people should know that we will continue to build legislative
monuments to their heroes here, until stone monuments can be
built in Russia.
Let me offer a word about the posters on display at the
front of the room. They serve as a reminder that brave Russians
have gathered on a regular basis to ask for justice for Boris
Nemtsov. The photo of these flowers at the site of his murder
could have been taken virtually any day in the past three
years. Despite being removed every day the flowers are always
replaced by the many people who revere the memory of Boris
Nemtsov. I think these people deserve to be recognized for
their devotion to democracy in Russia, and for their dedication
to honoring one of Russia's great democratic leaders.
I'll place the rest of my statement in the record and
recognize my colleague and dear friend Senator Ben Cardin of
Maryland.
Senator Cardin.
HON. BENJAMIN L. CARDIN, RANKING MEMBER, COMMISSION ON SECURITY
AND COOPERATION IN EUROPE
Mr. Cardin. Well, first, let me thank our Chairman, Senator
Wicker, for calling this hearing. Senator Wicker's been one of
the great champions in the United States Senate on human
rights. And we're very proud of his leadership here on the
Helsinki Commission. And it's very appropriate that we have
this hearing in regards to Boris Nemtsov.
I just really want to put this in context, Mr. Chairman, if
I might. And that is, in Russia Mr. Putin uses an asymmetric
arsenal of weapons in order to control his country, to oppress
his people, and to interfere with the democratic principles of
countries in Europe, and, as we've seen, in the United States
in our 2016 elections. So this is a pattern of conduct. And I
mentioned that we issued a report, and Damian Murphy of the
Senate Foreign Relations Committee is here. He spent a year of
his life writing this report on Mr. Putin and what he does in
Russia, and the tools that he uses to compromise our way of
life.
He uses his military. We know that. We saw that in Ukraine.
We see that in Georgia and Moldova. He uses financing of fringe
parties. We've seen that in several countries, including
France, financing a coup in Montenegro, cyberattacks in the
United States, misinformation in Germany and the U.K., support
for fringe groups, including corruption--he uses corruption of
his oligarchs in Russia in order to finance his own operations,
but then gets involved in corrupt enterprises in other
countries, as has been documented in Italy and elsewhere, uses
energy as a tool, which we saw, again, in Ukraine.
I mention all that because he also uses murder. He also
uses intimidation against his own people. And Boris Nemtsov was
a victim of that violence. And it's very appropriate that we
have this hearing.
Mr. Chairman, I recall how Boris joined me for the
screening of ``Justice for Sergei'' in November 2010, and
almost immediately after was assaulted at the airport upon
returning to Russia. He helped us in getting justice for Sergei
Magnitsky, who was also a victim of Mr. Putin's violence in
Russia. So this is not an isolated example. We have not yet had
justice for Mr. Nemtsov.
We know that the gunman who shot four bullets into Mr.
Nemtsov's back served as a commander in the Chechen security
forces under leader Ramzan Kadyrov, a close associate of
Vladimir Putin. And while the gunman and his accomplices have
been punished, the masterminds behind the assassinations have
not been served justice. And I'm very pleased that we have our
good friend Vladimir Kara-Murza here. Not once but twice they
tried to poison him. And he's still here, and we're proud about
that.
My final point is this: Many of us have been very outspoken
about our opposition to what Mr. Putin has done to his own
people, to democratic countries in Europe, his interference in
the Middle East, in Syria, his support for Iran, and his attack
here in the United States. But let's make it clear, we're on
the side of the Russian people. And we very much want to
acknowledge the brave Russians who have stepped forward to try
to return Russia to a country that respects the rights of all
of its citizens.
And following our chairman, I'll put the rest of my
statement into the record and look forward to hearing from our
witnesses.
Mr. Wicker. Thank you very much, Senator Cardin.
Ms. Nemtsova, you are going to be recognized first. We were
delighted to hear from you yesterday at the Boris Nemtsov Plaza
naming ceremony, and we're delighted to hear from you today. So
please proceed.
ZHANNA NEMTSOVA, DAUGHTER OF BORIS NEMTSOV
Ms. Nemtsova. Thank you, Mr. Chairman, members of the
commission. I would like to first of all thank you for holding
this important and timely hearing, and for the opportunity to
testify before you today.
As I have already said, it has been three years since my
father, Boris Nemtsov, was gunned down on Bolshoi Moskvoretsky
Bridge in the shadow of the Kremlin walls. And for three years,
the official investigation has failed to shed light on the
circumstances of the most high-profile political assassination
in modern Russia.
Yes, the perpetrators were quickly found, detained, put on
trial, convicted, and sent to prison. But two key questions
remain unanswered.
The first is the motive behind the murder of my father. The
investigative team and the court were silent on this. In Russia
and across the world, politicians and experts and the general
public understand that it was a politically motivated murder
aimed at stopping my father's activities in the Russian
opposition. The headlines that ran just after his murder read,
``The most outspoken critic of Vladimir Putin was killed in
Moscow.''
Why don't the Russian authorities admit that this brutal
murder was politically motivated? The answer is clear: If they
recognized this, they could no longer say that the real
opposition leaders--and I want today to stress the word
``real,'' meaning those not dependent upon the Kremlin and its
orders--are not repressed. In other words, they would have
admitted on the official level that Russia is a country where
the state engages in repression of opposition activities, from
imprisoning to torturing to murdering political opponents. And
this would, of course, have drawn a clear line between the
permitted opposition that is allowed to criticize the
authorities to a certain extent--for example, who pretend to be
Putin's competitors in the upcoming presidential election--and
the so-called non-systemic opposition that is outside of the
Kremlin's control, and that not only advocates for democratic
values but actually does real work, like publishing
investigative reports on grand corruption in Putin's elite, as
my father also did; those who lead mass anti-government
protests, as my father did; and those who aspire to win the
support of the majority of Russians, as my father did.
On several occasions I filed applications to reclassify
this murder as the assassination of a political leader and
statesman. This effort has not brought results so far, though
even from the formal point of view my father was a member of
the Yaroslavl regional parliament at the time he was killed.
The second question that remains unanswered concerns the
organizers and masterminds of the crime. Not a single organizer
or mastermind has so far been found and brought to justice, not
even low-level people from Chechen leader Ramzan Kadyrov's
inner circle. They enjoy the protection of the Russian state,
and we have to bear in mind that this cover-up is a crime in
itself. The reluctance to bring the organizers and masterminds
to justice is very concerning. It seems that the authorities
are either afraid of Kadyrov and his 30,000-strong army--if we
presume that Kadyrov is the ultimate mastermind--or it is a
combination of fear of Kadyrov and an attempt to hide
something--for example, the direct involvement of Russian
secret services and top-ranking Russian officials in the
murder. And this lack of information is the best grounds for
speculation.
If the Russian state is interested in proving that Putin
holds no direct responsibility--and they are insistent on
this--why don't they allow a transparent and impartial
investigation that can help end the speculation? They have all
the legal tools to do so, since there is a separate criminal
case on the organizers that can be acted upon at any time.
In the past three years the Russian authorities have tried
to erase the memory of my father and to end the public debate
concerning the low quality of the investigation. They have
failed. They have failed in part because of the international
attention to this case and the recently launched special report
at the Parliamentary Assembly of the Council of Europe.
Today I am asking you to help launch a similar procedure at
the Organization for Security and Cooperation in Europe. And I
strongly believe that this can help at least to reveal some of
the details and to compel the Russian Government to react.
Thank you.
Mr. Wicker. Thank you very much, Ms. Nemtsova. We very much
appreciate it, as we appreciate your attendance at the memorial
yesterday.
The chair now recognizes Mr. Kara-Murza for his testimony.
You are welcome, sir. Welcome back.
VLADIMIR KARA-MURZA, CHAIRMAN, BORIS NEMTSOV FOUNDATION FOR
FREEDOM
Mr. Kara-Murza. Thank you. Thank you, Mr. Chairman. It's
good to be back.
Chairman Wicker, Ranking Member Cardin, Senator Shaheen,
Senator Gardner, thank you for holding this important hearing
and for the opportunity to testify.
As you just mentioned, Mr. Chairman--and, of course, you
were there with us yourself--yesterday afternoon the family,
friends, and colleagues of Boris Nemtsov gathered here in
Washington for the unveiling of the world's first official
memorial to him. By a law enacted in the District of Columbia,
the block in front of the Russian Embassy in Washington was
designated as Boris Nemtsov Plaza. This decision followed
earlier initiatives here in Congress, and I want to take this
opportunity to thank members of this Commission who had
supported them: you, Chairman Wicker; Senator Shaheen; Senator
Rubio; Senator Gardner; and Representative Cohen. Thank you.
It is a sad reflection on the situation in our country that
the first official commemoration for a Russian statesman was
held in the United States. But what happened in this city
yesterday is important for many people in Russia. It is
important for those who continue to hold remembrance marches,
as thousands did again this past Sunday; bring flowers and
candles to that bridge where he was killed; and stand guard
over that unofficial memorial. It is important for people who
continue Boris Nemtsov's work by exposing government
corruption, by taking to the streets to protest Kremlin abuses,
by speaking the truth about Vladimir Putin's regime. It is
important for those who continue to believe in and fight for a
democratic Russia. It is an affirmation that you can kill a
human being, but you cannot kill what he stood for.
For the past three years, the Russian authorities have
fought the memory of Boris Nemtsov almost as hard as they had
been fighting him. They blocked all public initiatives for
commemoration, removed the signs installed by private citizens,
repeatedly destroyed the makeshift memorial on that bridge, the
photograph of which you have here in this room. But last week,
as we were preparing for the unveiling of Boris Nemtsov Plaza
in Washington, the Moscow city government announced that it is
reversing its position, and that it will now allow the
installation of a memorial plaque on the apartment building in
Moscow where Boris Nemtsov lived. They have apparently realized
how it looks when the U.S. capital is honoring a Russian
statesman while the Russian capital is refusing to do so.
Just as international involvement can help with the efforts
to honor the memory of Boris Nemtsov, so it can with ending
impunity for his killers. It has now been three years since the
Russian opposition leader was assassinated on the bridge in
front of the Kremlin, yet none of the organizers or masterminds
of this crime have been identified or prosecuted.
Last summer, the Moscow District Military Court convicted
five people as perpetrators in the murder. The man convicted of
pulling the trigger, Zaur Dadayev, was an officer in the
Internal Troops of the Interior Ministry of the Russian
Federation, serving in the Chechen Republic. Despite numerous
requests by Zhanna Nemtsova and her lawyers, Dadayev's top
superiors--the head of the Chechen Republic, Ramzan Kadyrov,
and the commander of the Interior troops, General Viktor
Zolotov--were not even formally questioned by investigators.
The chairman of Russia's Investigative Committee, General
Alexander Bastrykin, has twice vetoed attempts by his
subordinates to indict a Kadyrov associate, Ruslan Geremeyev--
also an officer in the Internal Troops--as an organizer in the
assassination.
In a deliberate gesture, the Russian authorities have
refused to classify the assassination of Boris Nemtsov, former
member of Parliament, former regional governor, former deputy
prime minister, and, at the time of the murder, leader of a
political party and regional legislator, under Article 277 of
the Russian Criminal Code, as ``encroachment on the life of a
statesman or a public figure,'' instead choosing Article 105
that deals with common murder.
As state prosecutor Viktor Antipov told the court on July
25, 2016, and I quote, ``We cannot allow for the murders of
opposition members to be qualified under Article 277.''
During the trial, the discussion of motive was largely
absent, with questions relating to political reasons behind the
murder repeatedly disallowed by the judge. Without questioning
the obvious persons of interest, without identifying the
motive, the organizers or the masterminds, the Russian
authorities have declared this case, quote, ``solved.'' What
they want now is to turn the page, forget, and move on.
Please don't let them. Under our membership in the Council
of Europe and the Organization for Security and Cooperation in
Europe, Russian citizens are afforded the protections of
international human-rights mechanisms. In May of last year, the
Parliamentary Assembly of the Council of Europe appointed a
special rapporteur with a mandate to review all aspects of the
Nemtsov case. Today we are asking you to initiate a similar
process under the auspices of the Organization for Security and
Cooperation in Europe and its Parliamentary Assembly and to
engage these mechanisms to conduct official oversight over the
Russian legal proceedings, to shed light on their failures,
accidental or deliberate, and on their political constraints,
not to allow the Russian authorities to forget and move on, and
to bring us closer to the day when all of those who had
ordered, organized, and carried out the assassination of Boris
Nemtsov are brought to justice.
Thank you very much, and I look forward to your questions.
Mr. Wicker. Thank you very much.
And attorney Prokhorov, you are now recognized.
VADIM PROKHOROV, LAWYER FOR THE NEMTSOV FAMILY
Mr. Prokhorov. Mr. Chairman, members of the Commission,
thank you for holding the hearing and for the invitation to
testify.
The official investigation of Boris Nemtsov's murder by the
investigative committee of the Russian Federation and the
subsequent judicial procedure deserve serious criticism.
The Russian authorities are categorically refusing to
recognize the fact that Nemtsov was murdered for his political
activities. The investigators and the Moscow District Military
Court have rejected almost all applications submitted by the
lawyers of Zhanna Nemtsova, me and Ms. Olga Mikhailova, in
particular the applications to reclassify the crime under
Article 277 of the Criminal Code of Russian Federation as
``encroachment on the life of a statesman or a public figure.''
The prosecution was brought under Article 105 of the Criminal
Code, ``Murder''--as in the cases of, for example, domestic
murder out of jealousy, murder for commercial reasons, et
cetera. Meanwhile, the authorities have failed to officially
identify the motive behind the murder of Boris Nemtsov.
Five suspects were charged with the execution of the crime.
All of them are natives of Chechnya, and some of them are close
to Ramzan Kadyrov, the leader of Chechnya, and his entourage.
The law enforcement agencies have not managed to detain any of
the organizers or masterminds of the murder, and only some of
the actual perpetrators have been detained.
There is no doubt that the traces of this crime lead at the
very least to the inner circle of Ramzan Kadyrov, and maybe
even higher. We have requested a number of investigative
actions; in particular, the interrogations of Ramzan Kadyrov;
the brothers Adam and Alibek Delimkhanov; the director of the
Federal National Guard Service, General Viktor Zolotov; and
others. The head of the investigative group has rejected almost
all of our requests, and the courts have also refused to
satisfy the complaints of the victims in this case.
During the jury trial at the Moscow District Military Court
between October 2016 and June 2017, over 80 court sessions were
held, dozens of witnesses were examined, and the case file
amounted to over 95 volumes. At the same time, the victims were
refused an opportunity to cross-examine a whole number of
witnesses, including Ramzan Kadyrov and members of his inner
circle. The court further refused to call General Viktor
Zolotov, in whose command both the defendant, Zaur Dadayev, and
his immediate superior, Ruslan Geremeyev, were at the time of
the murder. In addition, General Viktor Zolotov was the
longtime head of Vladimir Putin's personal security service and
member of his inner circle. The presiding judge rejected a
number of questions put before the witnesses by the victim's
lawyers. Most of those questions were aimed at identifying the
organizers and masterminds of the murder.
On June 29, 2017, the jury convicted all of the defendants.
On July 13, the court sentenced them to long terms of
imprisonment, from 11 to 20 years. However, there are doubts
with regard to the guilt of at least one of the defendants,
Khamzat Bakhayev, as the prosecution has failed to present any
evidence against him.
On October 10, 2017, the Supreme Court of Russia has
rejected the victim's appeal, as well as the appeals of the
defendants.
We believe that there has been a breach of the right to a
fair trial for the following reasons:
the inadequate classification of the crime;
the failure to officially identify the motive behind
the crime;
only some of the perpetrators have been brought to
justice;
none of the organizers or masterminds have been
identified or prosecuted to date.
The problem is not that the identification of suspects is
difficult or impossible. Our principal concern is that the
investigative authorities are not willing to make any effort to
do so. We believe that this has been decreed to them by the
official Russian
authorities.
In January 2016, the Investigative Committee separated the
case against the unidentified organizers of the murder from the
main case. The only individual named in this case is Ruslan
Mukhudinov, a driver, whose whereabouts also remain unknown. We
are not aware of any meaningful actions taken by the
investigators under the separated case since January 2016.
There is an imperative need to draw international attention
to this issue. Unfortunately, we have a limited choice of legal
tools to push the Russian authorities toward further steps
aimed at investigating the assassination of Boris Nemtsov, but
such tools are available.
First and foremost, they are available within the framework
of the international organizations of which Russia is a member,
including the Organization for Security and Cooperation in
Europe and the Council of Europe.
In addition, I am asking Western political leaders, public
figures, diplomats, and journalists, when they are meeting
their Russian counterparts, to ask them every time about the
failure to identify the organizers and masterminds of Boris
Nemtsov's assassination. This must become an embarrassing issue
for the Russian authorities internationally. This is the only
way to move the case forward.
Thank you so much.
Mr. Wicker. How hard is it to embarrass the government of
Russia, Mr. Prokhorov?
Mr. Prokhorov. It seems to me that it's very important to
try any real steps to make this an embarrassing issue for them.
And they are very sensitive to the real attention paid from the
official international organizations--for example, by the
Parliamentary Assembly of Council of Europe, by the OSCE, and
so on--because they have no real answers to the question, where
are the organizers and masterminds? And what's the problem to
identify them when you have such powerful secret services and
powerful authority in your country?
Mr. Wicker. Mr. Kara-Murza, let me ask you--if you'd like
to follow up on that, that's helpful, but also to what extent
is this case talked about throughout the Russian Federation?
How widely is it known? Is it discussed in the print media? Is
it discussed on the internet? Is it a matter of news? So if you
could explain to us how what we're saying today and how the
statement we made yesterday is disseminated, and help us
understand to what extent this has gotten down to the
grassroots of the Russian people.
Mr. Kara-Murza. Thank you, Mr. Chairman. There is this
dichotomy between the official picture that is created and
maintained by the Kremlin's propaganda machine, by all of the
state TV channels--all the national TV channels are now
controlled by the state--and what's happening on the level of
citizens and society. You know, for so many years the image
that was put forward by Kremlin propaganda was that everybody
in Russia loves and supports Vladimir Putin. And nobody cares
about or supports the opposition.
I remember when Boris was killed and when we had his
funeral, the line of people--the line of Muscovites, who came
to say their goodbyes stretched for miles, from the Yauza River
to the Kursky railroad station, all the way down the Garden
Ring for two or three miles long, and not all people even had
time to say their goodbyes because we had to move on. And every
year, including just this past Sunday, February 25th, thousands
of people walk down the streets in Moscow, and many other
cities and towns in Russia--often despite the official bans on
such demonstrations and rallies--to commemorate and to honor
and to remember Boris.
And, of course, as you mentioned yourself, that memorial--
that unofficial memorial on the bridge has lived on for more
than three years now. I was on that bridge about an hour after
Boris was killed and there were already the first flowers there
on the ground. People were already beginning to bring the
flowers. And those flowers are there to this day, every day,
despite the fact that several times--more than 70 times during
these three years--the Russian authorities, the Moscow communal
services with the help of the police, have come to destroy and
pillage that memorial. The following morning, the flowers and
the candles reappear. So the popular memory of Boris Nemtsov
very much lives on.
And those few remaining media outlets in Russia that have
independent editorial control, that are not dependent on the
state, in all of those media the main story yesterday was the
first official commemoration for Boris Nemtsov in the world,
the unveiling of Boris Nemtsov Plaza here in Washington.
Actually, even state television felt compelled that they had to
say something about it. Of course, half of what they said were
lies, but that's the usual situation. Usually it's more than
half. So I guess you could say that's a good thing. But even
they had to mention it. So this is the kind of the contrast, I
would say, that we have between what Russian citizens and what
Russian society feels and the manipulated story that is
presented in the official government media.
And on your previous question, if I could comment very
briefly, I do agree with what Vadim has said, that it is
important to make this issue an issue of public attention and
public embarrassment for the Kremlin. And I think what is also
important is to introduce some sort of international
accountability for the people involved. We know that this is a
pale substitution for the real justice that needs to be done.
But there is now--thanks to you and your colleagues in this
Congress--there is now a mechanism that introduces a personal
measure of responsibility for people who are engaged in these
types of abuses.
Two of the individuals that we have been talking about here
today, General Alexander Bastrykin and Ramzan Kadyrov, are now
designated by the United States Government as human rights
abusers under the Magnitsky Act. We have, of course, here the
original cosponsors of the Magnitsky Act, including the leader
of it, Senator Ben Cardin. This is an absolutely crucial tool.
In the absence of a real justice system in our country, this at
least introduces some sort of responsibility for these people.
It ends the impunity for these people. And as of today, there
are now six countries in the world that have introduced their
own versions of the Magnitsky Act. That's including the United
States.
And of course, the substance of that measure is that if you
are, after reaching a very high standard of proof, designated
by a government of a country as a human rights abuser, you will
no longer be allowed to enjoy traveling to that country, owning
assets in that country, receiving visas from that country,
using its banking and financial system. Again, this is pale
substitution for real justice. Punishment for murder should not
be an inability to open a bank account somewhere. You should be
tried and sentenced to prison. But in the absence of such a
possibility in our country, this is the least we can do. So we
hope that the United States Government continues to use the
mechanism of the Magnitsky Act, including in the context of the
Boris Nemtsov assassination case, to introduce at least some
measure of accountability for the people who are responsible
for this.
Mr. Wicker. Ms. Nemtsova, let me just say how much I admire
your dad. I met him some 21 years ago. He was first deputy
prime minister. And I was there in a delegation led by Curt
Weldon, representative from Pennsylvania, and Steny Hoyer,
representative from Maryland. And I think our delegation,
consisting of perhaps a dozen Americans, came away from that
meeting so encouraged. We asked ourselves, is this the new face
of the Russian leadership? And sadly, that was not to be.
I really thought, because of his prominence, he might be
immune from assassination. Did you and your father ever talk
about the possibility of this sort of assassination?
Ms. Nemtsova. Mr. Chairman, can I follow up on what the
other witnesses have already said?
Mr. Wicker. You surely may, yes.
Ms. Nemtsova. Thank you. Because you asked an important
question, whether we can embarrass the Russian Government. And
I have clear evidence that we can. First of all, in 2015 I got
an email from Anatoly Chubais. I don't know if you have met
him. He was in the government, and now he's in charge of the
state-owned company Rosnano, involved in development of high-
tech products.
So, I got a letter from him. It was a big surprise. And he
said: You shouldn't do three things. And one of them--one of
the requirements was not to initiate an international
investigation or oversight. And that's a clear sign that
they're embarrassed. And when I got this letter I said, I will
do all these things--directly opposite to what he said to me,
not to insist on Ramzan Kadyrov's interrogation, et cetera, et
cetera, to fire my lawyers. So I'm talking about this
correspondence because it was made public by Anatoly Chubais.
Second, when we started this procedure at the Parliamentary
Assembly at the Council of Europe in early 2016--in January we
were there, and we got lots of signatures under the motion for
resolution, it took us one year to launch the procedure. And
you know why? Because the Russian officials tried to block it.
They tried to influence the president; his name is Pedro
Agramunt from Spain. And they were very successful. And it was
a miracle that we managed to put through this procedure. I
think it passed by one vote in March 2017. So that's a clear
sign that they are really embarrassed, and they don't want
these hearings to be held here today.
Secondly, your question about media coverage. First of all,
there are official figures in the recent polls, and they show
that 20 percent of Russians are not indifferent to what
happened to my father and to his memory. That's a lot. They
take into account this massive propaganda. And that's what I
saw on the media. So regarding coverage, yesterday's event
enjoyed substantial coverage in the Russian media and abroad.
And also, of course, the still-existing independent media cover
the case, and the fact that the case was not solved. And my
third point is that for the third year, thousands of people in
Moscow and in other Russian cities and in foreign cities, they
took to the streets to commemorate my father--thousands of
people. That's important.
Regarding your question, yes, my father sometimes mentioned
that--he understood that the risks were really high. And he
also talked about the possibility that he might be killed. But
he was not that sure. He believed that he could have been put
into prison. And this risk, he regarded as a material one. But
he also talked about the possibility of murder, not only with
me but also with the press. But I don't think that he regarded
it as a material risk. He talked about this, nonetheless.
Mr. Wicker. Thank you.
Senator Cardin.
Mr. Cardin. Well, let me thank all three of you for just
powerful testimony. And we all understand that this is the
Helsinki Commission, and every signatory state has signed onto
the Helsinki Principles, and that gives every member state the
right to question the conduct of every other member state. We
have that obligation and responsibility.
So our objectives are to get Russia to do what's right, not
for us to have to take action against Russia because they're
doing what's wrong. So the purpose of the sanction law is for
countries that do not do the responsible things. The Magnitsky
law was passed because of the failure of the Russian
authorities to bring the perpetrators of the tragedy against
Sergei Magnitsky to justice. The Global Magnitsky Act applies
universally to violations of human rights.
And we're not finished yet. Congress passed additional
sanction authority, some of which is mandatory, against Russia
in regards to its defense and intelligence sector because of
their activities against other countries and other individuals.
We have obtained information in regards to the oligarchs. There
was a public release, but there's also private information
that's being used, because we know they finance the corruption
within Russia which allows Mr. Putin to be able to do what he
does. We have also looked at the financing of sovereign debt,
as to whether we can affect Russia as far as its banking
activities are concerned. We're looking at the energy sector
and what can we do against the energy sector. So we're not
finished yet. I want to make that clear.
But I would like to get your view. How important is it to
the cause of freedom in Russia the sanction activities that
have been led by the United States Congress?
Mr. Kara-Murza. Senator Cardin, thank you for this very
important question, and thank you for all your work and all
your efforts over the past now almost eight years since you
first introduced the Magnitsky bill here to end the brazen
impunity for human rights abusers.
As you know, Boris Nemtsov came here many times, not just
here in Washington but here to Capitol Hill, to meet with
members, including yourself, including the chairman of the
commission, to discuss the importance of precisely this
process. And his attitude to sanctions was--and he said it both
privately and publicly--``don't touch the country, punish the
scoundrels.'' That is a direct quote from Boris Nemtsov.
He viewed, as do I and as do many of our colleagues, that
these sanctions should have a personal nature. Because it
doesn't make much sense from our point of view to punish an
entire country for the actions of a small, corrupt
authoritarian clique sitting in the Kremlin. And as we all know
very well, the current government of Russia, the regime of
Vladimir Putin, is not a democratically elected government. If
you read the reports from observers from OSCE and Council of
Europe countries, we have not had a free and fair election in
Russia since at least March of 2000.
So, in our view--and this was the brilliance of the
principle behind the Magnitsky Act--this was a revolutionary
principle, in our view, in international relations, that you
actually assign responsibility for human rights abuses where
that responsibility is due: to their perpetrators, to the
people who are doing these things.
And, of course, the way it's so important and effective is
because there is this fundamental hypocrisy, fundamental double
standard at the heart of the Putin system of power, whereby the
same people who violate and undermine and abuse the most basic
norms of democratic society in Russia want to use the
privileges and enjoy the privileges of democratic society in
Western countries. They want to steal in Russia, but spend in
the West. They want to send their kids to study in the West,
open bank accounts in the West, buy real estate and luxury cars
in the West. And the Magnitsky Act puts a stop to that. And we
think it should, because on the part of the Putin regime and
its officials and its oligarchs, this represents, as I
mentioned, a massive hypocrisy. But on the part of Western
countries who accept these people on their soil and in their
banks, in my view that constitutes enabling--enabling of
corruption and human rights abuse in Russia if you welcome
those people on your soil.
And so that is why it was so phenomenally important when
more than five years ago now the United States became the first
country in the world to put down this principle, that those
people who deny their own citizens the fruits of democracy will
no longer be allowed to enjoy them for themselves and for their
families. And we hope that this process continues. We hope that
many more human rights abusers--there are only a few dozen, as
of today, people designated under the Russia-specific Magnitsky
Act as human rights abusers here in the United States. It's
very important that it now includes both General Alexander
Bastrykin and Ramzan Kadyrov. But there are many, many others,
as you know well, who deserve to be on that list. And it's
heartening to see more and more democracies adopt the same
principle.
Last week I was in Copenhagen meeting members of the Danish
Parliament, and we're hoping to convince them to do something
similar, and there are other countries where they have those
initiatives. And we hope that this law, the law that you
authored, continues to be rigorously and fully implemented in
the United States, and that those people who bear
responsibility for human rights abuses will face some
accountability for that.
Mr. Cardin. I want you to know these bills were passed with
strong bipartisan support. We have a very efficient and
effective working relationship with the administration on the
implementation of the Magnitsky sanctions. And the
administration has been very open to information that we have
made available, some of which has been provided to us by third-
party sources. And we invite you to continue to supply us with
information as to those individuals that may very well be
considered for additional sanctions.
I do want to ask one more question if I might, Mr.
Chairman, and that is, could you just tell us how is Mr.
Nemtsov's murder handled by the Russian press? How did they
handle the episode when it occurred, the trial, et cetera?
You've indicated that it has a spin different than your facts.
Could you just tell us how the Russian media has handled this?
Mr. Kara-Murza. Thank you, Senator. That's a very important
question. And I can give you the most recent example possible,
and that is from yesterday. And yesterday when, as I mentioned
earlier, the Russian state television channel, Rossiya 1,
actually had a report on the unveiling of Boris Nemtsov Plaza
here in Washington, the correspondent said that many of the
speakers--and they included both senators and members of the
House, including the chairman of the commission, Senator
Wicker, who was with us yesterday--they did mention on the
report that many of the speakers had called for holding those
responsible who had committed this crime. And then they
provided the comment: but those people are already being held
responsible; they're all convicted and they were all sent to
prison, and that is it.
And this is a classic substitution here, because of course
what people, including Chairman Wicker, were talking about
yesterday at the ceremony is about the need to identify and
prosecute the organizers and masterminds of this crime, because
it is not enough. And as Vadim said, we don't think all of the
perpetrators even have been brought to justice. But none of the
organizers or masterminds have. And any expert in basic
criminology will tell you that you cannot consider a crime
solved unless you have punished those who ordered and organized
it, and General Bastrykin has declared this crime solved.
Mr. Cardin. But does the state media raise the issues of
additional investigations being suggested or needed?
Mr. Kara-Murza. Absolutely not. According to them, this
case is closed. This is done. Forget about this. They want to
forget and move on. And as Vadim and Zhanna have mentioned, the
only tools we have for now--until we have a normal and real
justice system in our own country--the only tool we have are
those international mechanisms that are available either
through the Council of Europe, which have already been enacted,
or through the OSCE, which we are hoping you could help us
initiate.
And I want to make a very quick point to what you said
earlier about the Magnitsky Act. On the day the U.S. House of
Representatives passed the Magnitsky Act--this was November
16th, 2012, the third anniversary of the death of Sergei
Magnitsky, and as you said it was passed with a huge bipartisan
majority--Boris Nemtsov and I were sitting on the balcony, on
the gallery there in the U.S. House of Representatives,
watching how members of the House were voting on this, and
Boris said something that I'm always going to remember. He said
this law, the Magnitsky Act, is the most pro-Russian law ever
passed in any foreign country, because it targets those people
who abuse the rights of Russian citizens and who steal the
money of Russian taxpayers.
Mr. Wicker. Senator Shaheen.
HON. JEANNE SHAHEEN, COMMISSIONER, COMMISSION ON SECURITY AND
COOPERATION IN EUROPE
Mrs. Shaheen. Thank you, Mr. Chairman.
And thank you to each of you for being here and for your
testimony.
To go back to that sort of effort to identify the people
who are perpetrating human rights violations and who are
stealing from the Russian people, one of the things that I'm
sure you all would agree is that Vladimir Putin and his
associates have amassed a tremendous amount of wealth that
belongs to the Russian people that they're using for
themselves. And I'm curious about what the reaction would be of
those oligarchs and of Putin if information about what they
have stolen is produced publicly. One of the benefits, I think,
to the list of oligarchs that was produced as a result of our
sanctions law is that it does hold people up and say: These are
people who have made a lot of money through questionable means.
How would people react to that, both those people who are being
targeted as well as the Russian people--to doing that kind of a
``name and shame'' sort of thing?
Mr. Kara-Murza. Thank you, Senator, for you question. Well,
on this, we don't even need to guess, because we know the
answer to your question. Almost a year ago now, in March of
2017, the Anti-Corruption Foundation, which is headed by Alexey
Navalny, produced a report--an investigation, it was a video,
in fact, detailing the secret financial empire of Russian Prime
Minister Dmitry Medvedev, showing his yachts, his villas, his
vineyard in Italy, a lot of sneaker shoes for some reason--that
was a big point of discussion at the time. And of course, if
you watched Russian state television, you would not hear a
single word about this, needless to say. And yet, more than 20
million people in Russia watched that investigative video on
YouTube. And tens of thousands went out to the streets to
protest against this pervasive government corruption that is at
the heart of the Putin system.
And they went to the streets despite the threat of arrests.
And indeed, many arrests were made. Despite the threat of
sackings or expulsions from universities, and all the pressure
that was applied. This issue really angers people, because it's
really obvious. I mean, people realize this is their money that
is being stolen and used in this fashion, to buy some
government official a vineyard in Italy or whatever else. And
so this is an issue that is actually really high up in public
attention. It's also an issue that is very scary for the
regime. And of course, they're trying to hush it up as much as
they can. But any efforts to shed light on that, and to shed
light on instances of corruption but also on the involvement of
some of these people in foreign financial dealings and the
assets they hold abroad--this, I think, frankly, is one of the
most effective things that can be done, because I don't think
any people would like their money being stolen in such a brazen
fashion by the people who are supposedly there to guard their
interests.
But this is what these people are doing. They're stealing.
They're stealing in Russia. And, again, they want to spend that
stolen money in the West. So it is really important that the
world's democracies put a stop to that practice.
Ms. Nemtsova. May I add something?
Mrs. Shaheen. Yes, please.
Ms. Nemtsova. I have a lot. It's a whole list of additions
to what you have said. Now, I would like just to add on the
last point about the Kremlin list you were talking about, as
far as I understand.
People in Russia didn't get it. They didn't understand what
was the reasoning behind this list, because some people
appeared there who left Russia a decade ago. And they have
nothing to do with Putin. Other people made their fortune not
because they stole a lot of money--for example, Arkady Volozh
who is the founder of Yandex. I am not advocating, but the
reaction was like that.
What was the reasoning behind this list? Why were these
people included and others were not--for example, Anatoly
Chubais or the head of the central bank, Elvira Nabiullina. So
it needs clarification, otherwise I don't know whether it was
harmful for the oligarchs. But as far as I know from talking to
some people from business circles, they were happy that
everybody was included. So there were not only 5 or 10 people,
but a whole list. But experts in Russia, they are lost with
this Kremlin list and with this step, and they don't know what
to expect.
And more broadly, I would like just to--your question, Mr.
Cardin, was how sanctions bring democracy----
Mr. Cardin. Before you do that, if Senator Shaheen would
just yield for one moment, I couldn't agree with you more on
the public list that was released by the administration on the
oligarchs. It was a cut and paste of the Forbes list. There's
also a classified list that we cannot talk about. And many of
us are trying to get the administration to carry out the intent
of our statute, which was to have a greater understanding about
the corruption within Russia and the key players in that
corruption, some of the oligarchs. So we are following up on
it, but I just want to make it clear to you there was also a
classified list that was filed that is much more granular than
the list that was made public.
Mrs. Shaheen. And I think there was some question here in
the United States, too, about the list that was released.
Ms. Nemtsova. I know. It was all over the world. And your
question was about sanctions and democracy--how sanctions can
bring democracy. And empirical evidence in Russia and in other
countries show that these two things are not related to each
other. And especially broad sanctions cannot lead to any
transition or any change. And I fully agree with what Vladimir
has already said about personal sanctions. They are, of course,
very harmful. And people who are in power in Russia or wealthy
people--they, of course, will try to do something not to be on
this sanction list.
But we don't know the long-term influence of these personal
sanctions because we don't know how much division they create
among Putin's elite. Because this substantial divide could
possibly facilitate change inside the elite. And we don't know,
because we have a very closed system. And you just do things
with your eyes shut sometimes. [Laughs.] Thank you.
Mrs. Shaheen. One of the things that I, and I think others
in the United States, have found troubling has been President
Trump's unwillingness to identify Mr. Putin as a human rights
violator, to call him out for the interference that has
happened in our elections, for some of his other activities, to
raise the issue of human rights with him. What kind of a
message does that send to the people of Russia, that the
president of the United States has been unwilling to go after
Mr. Putin for his human rights violations?
Mr. Kara-Murza. Thank you, Senator, for your question.
Well, I think if you look back on the 18 years--almost 19 years
now--that Mr. Putin has been in power, we have unfortunately
seen a tradition of U.S. presidents--of either party--sending
messages that sometimes really fell far short of what they
should have been--if you'll allow me to say so. I remember
President Bush who looked into Mr. Putin's eyes and got a sense
of his soul. I remember President Obama who declared a reset
and praised Mr. Putin for the great work he had done on behalf
of the Russian people. So, in a way, that's an unfortunate
tradition that has existed for some time.
And it is very important that throughout all those years
there was strong bipartisan leadership here in Congress, here
on Capitol Hill, with initiatives such as the Magnitsky Act--
leadership in favor of standing firm on values, standing firm
on such issues as democracy, human rights, rule of law,
countering corruption. And I think Congress--and, again, both
parties in Congress--have played a very important role in
keeping the whole of the United States Government faithful on
those issues. And we hope that this good tradition of strong
bipartisan leadership on democracy and human rights continues,
and as part of this general context that this case--the Nemtsov
assassination case--is also given the proper attention that it
deserves.
Mrs. Shaheen. Thank you.
Ms. Nemtsova. May I add something about Trump, if you don't
mind? I know that Russia was the only country where Trump
enjoyed the highest rate of support before the presidential
election. I think his rate of support was around 80 percent.
Not a single European country had the same figure of support
for Trump. And it's the same story with all American
presidents, because of course Putin was strongly in favor of
Mr. Trump. And afterwards, when this situation with Russia's
meddling into the election started to unfold, the propaganda
changed its focus, and now they do not praise Mr. Trump
anymore. And it was the same story with Obama, because they
were saying, like, Obama is the best choice, never McCain. Then
Obama got elected, then he got into conflicts with Russia, and
then he was portrayed as evil. So that's the same. I think that
Trump will have the same image in Russia.
Mrs. Shaheen. Thank you.
Thank you, Mr. Chairman.
Mr. Wicker. I think we've gotten a lot into a brief hour.
As I said, there will be a vote at 4:30, so let me just do this
so we make sure we haven't omitted any really salient points.
Let me start with Mr. Prokhorov, and then just go down the
table and see if there are words of summary or some follow-up
points that need to be made to everyone within the sound of our
voices this afternoon. Mr. Prokhorov.
Mr. Prokhorov. Thank you so much.
First of all, I would like to come back to this idea about
the importance of personal sanctions against those who violated
human rights. By the way, it's a very, very dangerous activity
in our country to support this idea. There are two persons from
Russia who supported the adoption of Magnitsky Act: Mr. Boris
Nemtsov, who was killed just near the Kremlin--it's impossible
to be more near to the Kremlin than on the Bolshoi Moskvoretsky
Bridge--and the second person is my friend, Vladimir Kara-
Murza, who is also present here. He was poisoned twice. It's a
very dangerous, but it's a very important activity.
And Boris Nemtsov, I remember that he often said that it's
very important to pay attention to the reaction of the Russian
authorities [to] some activities. For example, after the
adoption of the Magnitsky Act, the reaction of the Russian
authorities was hysterical. So it means that this process is
quite powerful, and the influence of this Act is very, very
high, and very, very important for us.
And as to this case, I could only repeat that for us it's
very important because we have very, very few real legal tools
to force our Russian authorities to make any real steps towards
those who organized and sponsored this crime. And we hope the
help from international organizations, such as Organization for
Security and Cooperation in Europe, maybe it's possible to
start the procedure of a special representative, a special
rapporteur. We are devoted to this case because it's very
important to pay attention and to ask questions of our
authorities.
Thank you so much.
Mr. Wicker. Mr. Kara-Murza.
Mr. Kara-Murza. Thank you, Mr. Chairman.
A couple years ago, Vyacheslav Volodin, who is now the
speaker of the Duma--was then the deputy chief of staff at the
Kremlin, Mr. Putin's deputy chief of staff--said on the record
publicly a phrase, and I quote: ``There's no Russia without
Putin.'' There is nothing more insulting that I can think of to
say about our country.
Unfortunately, too often some political leaders, experts,
journalists in Western countries kind of implicitly accept that
line, and blur the line between a country and a regime that
misrules that country, and equates the whole of Russia with the
Putin regime. Even on the level of language, even
semantically--I know it may sound like a trivial point, but,
people talk about Russian hacking, Russian aggression, Russian
whatever, Russian abuses. That's not Russia. That's a small,
authoritarian, unelected clique sitting in the Kremlin.
Boris Nemtsov was Russian. He loved Russia. He was a
Russian patriot. He dedicated his life to a free and democratic
Russia, and he gave his life for Russia to one day be free and
democratic.
And so we would ask you, political leaders in Western
democracies, both in North America and in Europe, to not equate
Russia and the regime that is misruling it. And those
thousands--tens of thousands of people who have been going out
to the streets all across Russia in this past year to protest
against the corruption and the abuses and the sham elections
and all the rest of it, everything that's associated with the
current regime, that's Russia too. And I think it's very
important for our colleagues and counterparts in the democratic
world to remember that.
And I have absolutely no doubt, just as Boris was certain
about this, that one day we will have a government in Russia
that will both respect the rights of its own citizens and rule
of law and democratic principles, and that will live at peace
with its neighbors, and that will behave as a responsible
member of the international community. And as we were saying
yesterday at the unveiling ceremony, whatever people in the
Kremlin think today, I have absolutely no doubt that there will
come a time when the Russian state is proud that our embassy in
Washington is standing on a street that is named after Boris
Nemtsov.
Mr. Wicker. Thank you very much.
And if you have some follow-up comments, Ms. Nemtsova,
you're welcome to say those at this point. Happily, our co-
chairman of the commission has arrived, and I'm going to turn
the gavel over to him so that Senator Shaheen and I can go and
vote. But at this point you're recognized to make any follow-up
comments that you'd like to.
Ms. Nemtsova. Thank you. I will try to keep it short, and
it's really, really short just to sum up what has already been
said.
I read on Facebook--these are not my words--and it said:
``Boris Nemtsov is becoming as important for Russia as Andrei
Sakharov.'' And that's true. He is a young symbol and his
importance is growing. Everybody in Russia and outside Russia
admits this important fact. And he's the only one who can bring
people together, different people who have different
convictions or some different views on various things. And
taking these two things into account, it's a shame that we
don't have an investigation, and we have to put pressure to
have a full and transparent investigation into my father's
murder. Thank you.
Mr. Wicker. Thank you.
Co-Chairman Smith, you are recognized.
HON. CHRIS SMITH, CO-CHAIRMAN, COMMISSION ON SECURITY AND
COOPERATION IN EUROPE
Mr. Smith. Thank you very much, Mr. Chairman. Thank you.
Good to see you, my good friend.
I'm sorry I was late and I missed your testimonies. I was
actually chairing a hearing on Zimbabwe. I chair the Africa,
Global Health, Global Human Rights Committee, so I deeply
apologize to you because I could not be here to hear all of
your statements.
And, Zhanna, thank you for your bravery in coming here.
Your dad would certainly be proud that you are here. He was a
colleague, and we all deeply respected him for his commitment
to the rule of law, to human rights. So I just want to say that
there's a true solidarity here.
This commission, I've been on it since my second term in
1983, and we have always raised the issues with what was then
the Soviet Union and the East Bloc, and now Russia of course,
because the day where democracy has broken out and flourished
is still a hope, it's not a reality--particularly under Mr.
Putin.
You know, just a couple of questions because, again, I came
late, so I missed the flow of what has already gone before me.
But the Magnitsky Act was a huge breakthrough, in my opinion,
and I think it's shared by many of my colleagues--to finally
say we will hold individuals accountable. The Global Magnitsky,
in like manner, is now a very useful tool against repressive
regimes.
I'm wondering if there's something more that we need to be
doing, as a country. We have an OSCE Parliamentary Assembly
meeting coming up in July, and we will meet with our Russian
counterparts, or at least attempt to. And certainly we will
raise this issue with them. You know, impunity becomes worse
when these assassinations and killings go uninvestigated. And
who calls the shots? Those people don't go to prison.
So I would ask you for your recommendations to us, what we
might do, and also, about the elections issue vis-a-vis Putin,
Trump, whatever happened in the last election, I think, has
chilled our ability. I can't get a visa to go to Russia. I was
hoping to go a number of times. One time I met with the
ambassador. It was all set, we thought. And because of the
Magnitsky Act and the fact that I was the House sponsor of the
Magnitsky Act, it precluded my getting a visa.
During the worst years of the Soviet Union, I was able to
get a visa. I went to Perm Camp 35 with Frank Wolf in the mid
to late 1980s, where Sharansky had been and so many other great
political prisoners. And yet now many of us find ourselves
unable to even travel to Moscow. And frankly, if I could, I
would. And I'll make a renewed request to go. And I would raise
your dad's case, believe me, if we could get there.
So we are in a very bad place, I think, with regards to
Russia. But again, your recommendations on what you think we
could do, and especially the OSCE Parliamentary Assembly, which
will be in July?
Mr. Kara-Murza. Thank you, Co-Chairman Smith, and thank you
for your efforts and your leadership over the many years on
issues of human rights and democracy, including with regard to
our country.
And, first of all, I think the fact that you have been
placed under a travel ban by the current Kremlin regime, you
should consider that as a badge of honor, as I know many people
who have been placed under similar circumstances do. I know
it's frustrating. It's inconvenient. But it is a badge of
honor.
But I think it also illustrates a wider picture, that some
of the things in Russia today compare, in terms of domestic
repression, to what it was in the late Soviet times, the time
that you began to serve in this House. For example, even if
we're talking about the numbers of political prisoners, even
those are becoming very
similar.
In 1975, when Andrei Sakharov wrote his Nobel lecture,
which he was not allowed to go to Oslo to deliver, he listed in
it by name 126 prisoners of conscience in the Soviet Union.
Today, according to the Memorial Human Rights Center, according
to the latest report, we have 117 political prisoners in the
Russian Federation. And that's a very conservative estimate.
The number is probably much higher. But this is done using very
restrictive criteria under Resolution 1900 of the Parliamentary
Assembly of the Council of Europe. And even by that standard,
we have more than 100 people.
There are many other similarities. You know, all the main
television channels serve as propaganda tools for the state.
Parliament is a rubber stamp. We have no free and fair
elections. But in some ways the situation is worse, because
back then, back in the early 1980s, the period you just
referred to, the most prominent political dissidents in Russia
or the Soviet Union were in prison, in internal confinement or
in forced exile--Sakharov, Solzhenitsyn, Bukovsky.
Today the most prominent political dissident in Russia is
dead. Three years ago yesterday, he was killed. Boris Nemtsov
was killed on the bridge in front of the Kremlin. And so I
think you're right to raise that comparison.
And there's also another difference between that time and
the time we're living in today. You know, when members of the
Soviet Politburo were doing all of those things they were
doing, putting people in prison for political reasons,
censoring media and all the rest of it--they, the members of
the Soviet Politburo, did not keep their money in Western
banks. They didn't send their children to study in Western
schools. They didn't buy real estate or luxury cars or yachts
in Western democratic countries. These guys do.
The oligarchs and the officials in the Putin regime do
that. The same people who undermine and abuse and violate the
most basic norms of democratic society in Russia want to use
the privileges and the opportunities of democratic society in
Western countries. They want to steal in Russia and spend in
the West. And the Magnitsky Act, of which you were one of the
co-sponsors in the House more than five years ago now, is an
absolutely crucial and indispensable tool that puts--or at
least begins to put--an end to this impunity and introduces
some sort of personal measure of responsibility and
accountability for these people in the absence of a real
justice system in Russia.
As we were discussing earlier, frankly, the Magnitsky Act
is a pale substitute for real justice. I mean, if you kill or
torture someone, your punishment should not be that you're not
allowed to buy a house in Miami Beach. It should be that you're
tried and convicted if you're guilty. But at least it's
something. At least it's some sort of personal responsibility.
So I want to thank you for your leadership on the Magnitsky
Act and express my hope that this process, the implementation
of the Magnitsky Act, now also the Global Magnitsky Act,
because human rights are universal, so accountability for
violating human rights should also be universal. We hope that
process continues.
And on your point about the specific recommendations, we
may actually--all three of us, we may actually see you in
Berlin in July for the summer meeting of the OSCE Parliamentary
Assembly, because one of the things we're really hoping to try
to do--and this is the reason it's so important for all of us
to be here today--is to engage international oversight
mechanisms over the official Russian investigation into the
assassination of Boris Nemtsov, because we feel that that
process has been inadequate, that it has been politically
restricted.
And today, more than three years after the leader of the
Russian opposition was killed, none of the organizers or
masterminds of this crime have been brought to justice or even
identified. And there are many, many other problems that will
now be part of this hearing record, because we have raised many
of those issues in detail. I don't want to take up more of your
time, but we are happy, especially Vadim, to address the legal
details in this.
So the only really effective tool, perhaps the only tool
that we have available to us in this situation, is to engage
international oversight. And thankfully, Russia is a member of
international organizations that are founded on these
principles of human rights and the rule of law--the Council of
Europe. And there we already have an international oversight
mechanism effected through the appointment of a special
rapporteur at the Parliamentary Assembly of the Council of
Europe. He was appointed last year with a mandate to review all
the aspects of the Nemtsov case and shed light on the
constraints and the limitations and the problems and the
inadequacies.
So now we are hoping, with your help, to initiate a similar
procedure within the auspices of the Organization for Security
and Cooperation in Europe and the Parliamentary Assembly of the
Organization for Security and Cooperation in Europe; be it with
the appointment of a special representative, be it with a
public hearing that will start some kind of an oversight
process, maybe the Moscow Mechanism.
These are the things that you know everything about and I
don't need to tell you anything about those. But it is really
important to have some sort of oversight and to shed some sort
of light internationally and to expose those problems and those
restrictions and those limits, because as far as the Russian
authorities are concerned, the Nemtsov case is solved and
closed. They've had a trial of some of the perpetrators.
They've sentenced them to prison. And according to them, this
is done. Move on. Forget about it. Turn the page.
We do not think that that is OK. We do not think that it's
OK without identifying the motive, which they haven't done,
without identifying the organizers and masterminds, which they
haven't done, to say that this case is closed. And we are
counting on international organizations. We are counting on our
partners in these international organizations. And frankly, we
are counting on you to engage this oversight and to make sure
that there is no impunity for those who had ordered, organized
and carried out the most high-profile political assassination
in modern Russia.
Ms. Nemtsova. Vladimir has already said everything, but my
specific recommendation is that it's very easy to figure out
what to do with the Russian authorities. You probably are aware
what they are afraid of most. They're afraid of the sunshine.
That means that they want to cover up everything. They want to
end public debate on those issues which are sensitive for the
Russian political
leadership.
And my father's case is one of the sensitive issues. And
that's why it's important to bring it to the sunshine, to speak
about it in the media especially, not only with your Russian
counterparts, but also when the media outlets are there. So to
talk about that publicly with your Russian counterparts, that's
important, and that's embarrassing for them.
And Vladimir raised a very important question, and now I'm
talking not only on behalf of my father, but also on behalf of
the Boris Nemtsov Foundation for Freedom which we founded in
2015 in Germany--and Vladimir Kara-Murza is chairman of the
board of trustees, so we have a program to support political
prisoners and political refugees from Russia.
It's a small program, but what we learned out of our
experience is that if you create a lot of public resonance, a
lot of public attention in the media--a lot of coverage--that
helps a lot of those political refugees, and that's the only
reason why some of them were released in Russia, including the
latest case with Yury Dmitriev. He was released because of this
unprecedented public attention, and it was the case with Ali
Feruz, a journalist from Uzbekistan who our immigration service
finally allowed to leave Russia, and now he is in Germany. They
wanted to extradite him to Uzbekistan, and he would have been
killed there--tortured, imprisoned and killed. So if you create
this great media coverage and public debate, it helps, and it's
proven.
Mr. Smith. Let me ask you--for years I've been going to the
UN Human Rights Council as a place where you get this much
satisfaction because very often rogue nations sit on the Human
Rights Council. The great reform that was supposed to take
place didn't, but I do think it still provides a venue where
human rights issues can be discussed, but consequences are
often minimal. But it is an opportunity.
And Russia's Universal Periodic Review comes up in May of
2018, just a few months from now. I'm wondering if there has
been any outreach? We certainly will be in contact with our
team--our diplomatic team, starting with the Secretary of
State, Rex Tillerson, Nikki Haley, and others who are a part of
that effort. And I'm wondering if you have sought to get the
issue of Boris Nemtsov discussed at the Human Rights Council,
as Russia goes through that review of their record--or lack of
good record--on human rights?
And secondly, has there been any positive consequences or
contact with Prince Zeid bin Ra'ad Zeid al-Hussein, the
Jordanian High Commissioner for Human Rights, whom I've met
with in the past? I've raised human rights issues with him, a
lot of Russian human rights issues. Has he shown any sense
that, on an extraordinarily high-profile case that speaks
volumes for all the others, but in and of itself it's enough--
has he shown any willingness to engage when it comes to your
dad?
Ms. Nemtsova. So as far as I know, we didn't have a chance
to talk about this case at the Human Rights Council of the
United Nations, and I was at the United Nations, and I took a
part last year in the Geneva Summit on Human Rights that is
under the umbrella of the United Nations. And Vladimir went
there this time, so we raised this issue, we talked about my
father's case at the summit, but I learned--I talked to some
people from the U.N., I learned that it would be very difficult
to bring this issue today at United Nations Human Rights
Council right now because of its composition.
Mr. Smith. But I don't think we shouldn't do it for lack of
a positive result. As you mentioned, media coverage, bringing
the case in a very forceful way with facts and documentation
could put the Russians in the hot seat. They're going to have
to give an accounting for their human rights record, and
members of that council can ask tough questions. And there are
a number of European friends and partners that are on that
council. We could ask tough questions as well.
Ms. Nemtsova. Yes, that would be absolutely great if we can
make connections with them. So far I haven't made any
connections.
Mr. Smith. What we'll do is put together this hearing
record, which again lays out the case I think very powerfully--
because I did see your earlier statements, but I did not hear
the oral testimony because of my own hearing on Zimbabwe.
But I think we should do a letter to Prince Zeid, ask him
to use his human rights apparatus--and he's got a huge
bureaucracy that could delve into your father's assassination,
and also ask member states on the Human Rights Council to raise
it robustly with the Russians as they appear.
Mr. Kara-Murza. Mr. Co-Chairman, if I can briefly add--
first of all, thank you for the suggestion, and you are
absolutely right in that the basic human rights, of which the
right to life is perhaps the most important one--which is the
right that has been violated in the case of Boris Nemtsov--is
of course protected by the Universal Declaration of Human
Rights, so it does fall under the purview of the United
Nations. You are absolutely right.
And as Zhanna said, I was in Geneva last week for a forum,
but also to meet with some of the diplomats from the democratic
nations that are members of the U.N. Human Rights Council,
including Canada, the U.S., European Union countries.
Unfortunately, as you know very well, some of the members
of the U.N. Human Rights Council have themselves been some of
the worst human rights abusers, and that continues to be the
case. But we're very grateful to you for that suggestion, and I
think it's a very good idea to actually try to raise this case
within the framework of the U.N. and with the help of the U.N.
High Commissioner for Human Rights, whom you have mentioned.
And we would be grateful for your assistance and leadership on
that.
And we also will continue the efforts within the framework
of the Council of Europe and the Organization for Security and
Cooperation in Europe, and of course the difference with those
organizations, as opposed to the U.N. Human Rights Council, is
that the vast majority of member states in those organizations
are countries that respect democracy and the rule of law
themselves.
Mr. Smith. That's right.
Mr. Kara-Murza. And so we really count on our international
partners in this case to hold the current Russian Government to
account on our country's international obligations on matters
of human rights and rule of law under the European Convention
on Human Rights, under the OSCE Copenhagen document, under the
OSCE Moscow document, which is probably my personal favorite of
all the international treaties, because that document states
very clearly, black on white, that matters relating to human
rights, fundamental freedoms, and the rule of law cannot be
dismissed as, quote, unquote, ``internal affairs'' of that or
other member state, and that they are subject to international
concern, and that they are subject to concern by other member
states. And we hope that our partners in the OSCE, including
the United States, exercise their right to express that concern
and exercise their ability to raise those issues in the
international framework.
Mr. Smith. Well, I can guarantee--we'll do a letter too and
contact not only our own delegation, but also countries that I
think--as you pointed out--you know, do have a firm grasp of
what due process, rule of law, human rights really are all
about because, again, forget about the rogue nations. They'll
do anything but be asking hard questions.
So that, during that Universal Periodic Review, Russia can
give an accounting and hopefully be held to account, and maybe
it could lead to some breakthrough somehow. And of course, at
the OSCE Parliamentary Assembly and at the OSCE itself, we'll
press it very hard. But we'll get on that right away. You have
provided us with good, actionable information to take it even
further, so we're very grateful for that.
Mr. Prokhorov. Mr. Co-Chairman, as the lawyer for Zhanna
Nemtsova--and by the way, I've been a lawyer of Boris Nemtsov
himself for 14 years--and for us, it is absolutely clear that
there is an imperative need to draw international attention to
this issue. We have a very, very limited choice of legal tools
in our country, in the framework of our legal system
unfortunately.
And I hope that maybe one of the most effective legal
mechanisms from the international point of view is Organization
for Security and Cooperation in Europe. If I am not mistaken,
there will be some meetings, some conference in July----
Mr. Smith. Yes.
Mr. Prokhorov.----in Berlin.
Mr. Smith. That's right.
Mr. Prokhorov. And so it would be great if it would be
possible to start the procedure of a special representative,
something similar to the special rapporteur in the framework of
the Parliamentary Assembly. But it seems to me that the Russian
authorities pay much more attention to the framework of the
Organization for Security and Cooperation in Europe, and where
the United States is also a member. And so for us it's very
important--to initiate the procedure of a special
representative--maybe if it would be possible in these summer
meetings.
Mr. Smith. I can promise you we'll try. There are just a
small number of special reps with the OSCE PA. I'm one of them.
I do it on combating human trafficking. Our ranking member, Ben
Cardin, does it on behalf of combating anti-Semitism--so, you
know, there are just a few, but we will try. I think it's a
very, very good idea.
Tied up in the whole case of Boris Nemtsov would be the
impunity, the assassination, that is just in a league of its
own. It just tells the whole story because it chills other
people from speaking out boldly because that could be them. And
so for Boris himself, we need a full accounting and for all
parties responsible to be held to account, total transparency,
and no more of this opaqueness and cover up, but it also has a
great impact on democracy in Russia itself, at the Duma and
everywhere else.
So it is well worth the effort, and we'll do it. And again,
I think we need to use every tool in the tool box. That's why I
brought up the Human Rights Council and, not surprisingly, you
are already talking to people there. We'll do a letter to
Prince Zeid. I have met with him, like I said before, and very
often, his office is--well, the pressure should not be that
they don't look at things because a member state is on the
Security Council and a very powerful one at that. Injustice is
injustice wherever it is committed.
Is there anything else you would like to add--because I
know one of you do have a plane to catch at five.
Mr. Kara-Murza. We've covered pretty much everything, Mr.
Co-Chairman. We'll be really grateful for your leadership at
the Parliamentary Assembly of the OSCE at the summer session,
where we're hoping to be, too, so maybe we could do a public
event or a hearing, and if you need any assistance or any help
from our side, from the side of the family, friends and
colleagues of Boris Nemtsov, you will have our full cooperation
in these matters.
Mr. Smith. Well, you know, one thing that we might
consider--a side event with you there might be helpful as well,
to alert the parliamentarians about this case. There are a lot
of people who probably have read about it and seen it somewhere
but, you know, didn't really have the depth that you bring to
bear on that while we're in Berlin.
Mr. Kara-Murza. Absolutely, and then an important aspect
that Vadim has mentioned----
Mr. Smith. Yes.
Mr. Kara-Murza.----that, as you know, for the last two
years, the official Russian delegation has been boycotting the
Parliamentary Assembly of the Council of Europe--they're not
actually turning up there. They do turn up, as you know, to the
OSCE Parliamentary Assembly meetings, so that's something you
would actually be able to state to their face.
Mr. Smith. They often show up just to push back on Ukraine
and the illegal taking of Crimea.
Mr. Kara-Murza. Well then, how about actually making them
answer for something they should answer to, and I think that
would be a very good idea to try to do something in Berlin, and
I think I can speak for all three of us when I say that if such
a side event happens, we would be happy to take part, and turn
up, and do whatever is necessary to try to move this forward.
Mr. Smith. Thank you.
Mr. Kara-Murza. Thank you.
Mr. Smith. Thank you for your courage, tenacity, your
friendship, your love for your dad.
We will look forward to following up on all of these
things, and we will put those letters together right away--you
know, to the president, to Tillerson, and--because that
Universal Periodic Review is coming up in May, so it's right
around the corner. And I think that will be a good place to
really engage, in addition to all the others.
The hearing is adjourned, and thank you very much.
[Whereupon, at 5:03 p.m., the hearing ended.]
A P P E N D I X
=======================================================================
Prepared Statements
----------
Prepared Statement of Hon. Roger Wicker, Chairman, Commission on
Security and Cooperation in Europe
The Commission will come to order, and good afternoon to
everybody.
We are turning our attention in today's hearing to the loss
of one of Russia's great democratic reformers, Boris Nemtsov,
who was gunned down within sight of the Kremlin three years ago
yesterday. Although the triggermen were apprehended and tried
for their crime, the masterminds behind it have never been
identified.
Our witnesses today are people who knew Boris Nemtsov well.
I stood beside them yesterday in the ceremony to rename a
section of Wisconsin Avenue as Boris Nemtsov Plaza. I am also
very pleased that this hearing will focus on the legacy of
Boris Nemtsov as Russians prepare to cast their votes in
another presidential election next month. We are honored to
have his daughter, Ms. Zhanna Nemtsova, join us to reflect on
her father's work and the prospects for realizing his dream of
a free and democratic Russia.
Ms. Nemtsova is joined by somebody who is no stranger to
me, the Helsinki Commission, nor the halls of Congress, thanks
to his tireless work promoting democracy in Russia. Mr.
Vladimir Kara-Murza knows better than almost anybody about the
intense--and all too often lethal--pressure being applied to
brave Russians, like him and Boris Nemtsov, who engage in
opposition politics. Vladimir directed the documentary film
Nemtsov, a truly remarkable tribute to Boris that opened in
Nizhny Novgorod and was screened in Moscow, St. Petersburg, and
Washington, where many people in this room had a chance to see
it.
We are also very fortunate to have Mr. Vadim Prokhorov, the
lawyer for the Nemtsov family, who has worked for years now to
see the masterminds of this heinous act brought to justice.
As I mentioned, yesterday our witnesses participated in the
naming ceremony for the Boris Nemtsov Plaza. As an American, I
am proud Washington has held the very first official
commemoration of Boris Nemtsov anywhere in the world. The
Russian people should know that we will continue to build
legislative monuments to their heroes here until those stone
monuments can be built in Russia.
Let me also offer a word about the posters on display at
the front of the room. They serve as a reminder that brave
Russians have gathered on a regular basis to ask for justice
for Boris Nemtsov. The photo of these flowers at the site of
his murder could have been taken virtually any day in the past
three years. Despite being removed every day, the flowers are
always replaced the next day by the many people who revere the
memory of Boris Nemtsov. I think these people deserve to be
recognized for their devotion to democracy in Russia and for
their dedication to honoring one of Russia's great democratic
leaders.
We hope to accomplish two things at today's hearing.
First, we want to remind all members of Congress and the
American public that the democratic freedoms we take for
granted have been under siege in Russia, at least since
Vladimir Putin was first elected president in 2000. Until an
election is declared ``free and fair'' in Russia by credible
international observers, we will need to revisit this theme,
letting Russians know they have not been forgotten by their
friends.
Secondly, with our witnesses' assistance, we would like to
evaluate the prospects for delivering justice. Holding the
perpetrators accountable for Boris Nemtsov's murder is an
important first step toward providing the security that
Russians will need to exercise their democratic rights. And
since justice, at the moment, seems impossible to find inside
Russia, I would like our witnesses to tell us what the
international community, specifically the OSCE, can do to bring
justice for Boris Nemtsov outside of Russia.
I am convinced now more than ever that a Russia that allows
for full freedom of expression and free and fair elections will
be a place where all Russians can prosper. Those improvements
would also make Russia a much better neighbor, going a long way
toward promoting peace and security in the entire Eurasian
region.
We have a lot to discuss, so I'd like to yield to Senator
Cardin.
Prepared Statement of Hon. Benjamin L. Cardin, Ranking Member,
Commission on Security and Cooperation in Europe
Mr. Chairman, thank you for holding this important hearing
on slain Russian opposition leader Boris Nemtsov's legacy.
It is still hard for me to believe that just three years
ago Boris Nemtsov was assassinated just steps outside the
Kremlin. Having led a fruitful career in government, Mr.
Nemtsov refused to cooperate with Vladimir Putin's system of
authoritarianism unlike many of his peers. Instead, he worked
tirelessly to defend the fundamental rights of Russian citizens
and expose corruption within the Putin regime. I am honored to
have worked with him on some of the Helsinki Commission
initiatives. He was vital in our work to pass the Magnitsky
Act, which has become one of our greatest tools in fighting
corruption in Russia. Mr. Nemtsov was truly a great man of
courage and conviction. It was exactly this courage that led to
his untimely assassination. Mr. Nemtsov's murder was shocking
and outrageous even in a country where violence against human
rights and democratic activists has become routine. Mr.
Nemtsov's death was a major loss to the Russian people and all
those who fight for democracy around the world.
This past summer five of the men involved in Mr. Nemtsov's
murder were convicted by Russian courts. One of these men was
Zaur Dadayev, the gunman who shot four bullets into Mr.
Nemtsov's back. It is worth noting that Mr. Dadayev served as a
commander of the Chechen security forces under Chechen leader
Razman Kadyrov, a close associate of Vladimir Putin. This past
summer's trial left many questions unanswered. While Mr.
Dadayev and his accomplices have been punished, the masterminds
behind the assassination have not been served justice.
Since rising to power in 2000, Putin has ruled Russia with
an iron fist. Under Putin, democracy and human rights have
greatly suffered. Beyond Mr. Nemtsov, many others who have
spoken up against the Putin regime have been killed under
dubious circumstances, including investigative journalist Anna
Politkovskaya, human rights activist Natalya Estemirova, and
Umar Israilov, just to name a few. In addition, our witness Mr.
Vladimir Kara-Murza has been subject to two poisoning attempts.
I've repeatedly stated that Russia is violating each and every
principle of the Helsinki Final Act's guiding principles. It is
more important now more than ever that we work to protect
fundamental human rights in Russia.
I recall how Boris joined me for a screening of ``Justice
for Sergei'' in November 2010, and almost immediately after was
assaulted at the airport upon returning to Russia. His bravery
and perseverance will remain etched in my memory forever, he
stood for all Russians having a say in their government, a
truly fantastic retail politician, in the best sense of the
word.
The Russian government is committed to fighting Mr.
Nemtsov's legacy. I, too, am saddened by the reports that every
night government workers steal the flowers from Mr. Nemtsov's
unofficial memorial located at the spot he was killed. Yet Mr.
Nemtsov's supporters, everyday Russians who believe in a
brighter future for their country, are not dissuaded and
replace the stolen flowers every day. Even though Mr. Nemtsov's
voice may have been silenced by a gunman in Moscow, his words
will never be forgotten. I will do all in my power to ensure
his legacy reverberates throughout the world.
I yield my time to Mr. Smith.
Prepared Statement of Hon. Chris Smith, Co-Chairman, Commission on
Security and Cooperation in Europe
Good morning, and thank you Chairman Wicker for convening
this exceptional hearing.
Yesterday, we commemorated the block of Wisconsin Avenue in
front of the Russian Embassy as Boris Nemtsov Plaza. With this
gesture, we hope to signal to those Russians in the tireless
pursuit of real and lasting democracy in Russia, that their
friends in the United States have not abandoned them. It was a
quite the ceremony: remarkable, timely, and something I will
not soon forget.
We would be remiss then if we did not take advantage of the
occasion to remember and discuss Mr. Nemtsov's work, his legacy
and the possibility of bringing those responsible for his
assassination to justice. We are fortunate to be joined by an
esteemed panel of witnesses: Zhanna Nemtsova, his daughter;
Vadim Prokhorov, the family lawyer; and Vladimir Kara-Murza,
the chairman of the Boris Nemtsov Foundation for Freedom, and
no stranger to the Commission. Your thoughts and perspectives
are invaluable to the Commission, and again, we thank you for
joining us this afternoon.
Mr. Nemtsov was no common politician. As a democratic
activist, he wanted to break through the corruption and
authoritarianism that has gripped Russia since Vladimir Putin
took power in 2000. The human rights abuses suffered by the
people of Russia and those outside of its borders are tragic
and unacceptable. But, Mr. Nemtsov imagined a greater Russia, a
Russia made free by an open press, a judicial system governed
by the rule of law and not the whim of despots, and a Russia
guided by the premise that Russians ought to have a say in the
way their government operates. He died a man of great honor and
courage. May we all endeavor to act on our convictions as he
did.
Mr. Nemtsov was not only a politician. He was Zhanna's
father, and for many of us here, our friend and colleague. We
may never know who masterminded his murder, but it is without
doubt that he was slain for his political beliefs.
Although Boris was taken from us three years ago, the
outrages against democratic activists continue today. Just
recently Russian authorities charged the Leader of ``New
Opposition,'' Mark Galperin, with public incitement to
extremist actions by means of the internet. Calls to join mass
public demonstrations or to change the government, without a
direct indication that this should be done by means of
violence, are not unlawful and cannot be considered criminal
offences. As we consider Boris Nemtsov's legacy today, let us
not forget that democratic activists like Mark Galperin are
under extreme pressure from the Russian authorities.
The assassination of this remarkable leader also speaks to
the need for historic justice. Time, even years, doesn't lessen
the need for accountability in crimes like this, and addressing
them is necessary for society to truly move on. This was a key
lesson I took away from my work on Northern Ireland.
Boris was killed mere steps from the Kremlin. I have stood
outside the Kremlin myself and have taken in the incredible
power and size of that fortress. In many ways, the Kremlin is
as much a fortress for Putin, cloistering him behind yes men
and thieves. Wresting Russia from his grasp may seem as
daunting a task as scaling the Kremlin walls but our friend,
Mr. Nemtsov believed not only that it could be done, but that
it must.
I'd like to take this time to again, thank our esteemed
witnesses and our friends and guests for joining us here today.
While the Putin regime did everything in its power to push Mr.
Nemtsov to the margins of Russian political life, he will not
be on the margins of our minds and our hearts.
We have a lot to cover in a short amount of time, so Mr.
Chairman, I yield my time.
This is an official publication of the
Commission on Security and
Cooperation in Europe.
< < <
This publication is intended to document
developments and trends in participating
States of the Organization for Security
and Cooperation in Europe (OSCE).
< < <
All Commission publications may be freely
reproduced, in any form, with appropriate
credit. The Commission encourages
the widest possible dissemination
of its publications.
< < <
http://www.csce.gov @HelsinkiComm
The Commission's Web site provides
access to the latest press releases
and reports, as well as hearings and
briefings. Using the Commission's electronic
subscription service, readers are able
to receive press releases, articles,
and other materials by topic or countries
of particular interest.
Please subscribe today.