[Congressional Record Volume 146, Number 18 (Thursday, February 24, 2000)]
[Senate]
[Pages S833-S834]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




     DETENTION OF ANDREI BABITSKY BY THE GOVERNMENT OF THE RUSSIAN 
             FEDERATION AND FREEDOM OF THE PRESS IN RUSSIA

  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the Senate 
now proceed to the immediate consideration of S. Res. 261, submitted 
earlier by Senators Helms, Biden, Roth, Lott, and Dodd.
  The PRESIDING OFFICER. The clerk will report the resolution by title.
  The assistant legislative clerk read as follows:

       A resolution (S. Res. 261) expressing the sense of the 
     Senate regarding the detention of Andrei Babitsky by the 
     Government of the Russian Federation and freedom of the press 
     in Russia.

  There being no objection, the Senate proceeded to consider the 
resolution.
  Mr. HELMS. Mr. President, during the past 5 months the Government of 
Russia has waged a brutal war against Chechnya. The Kremlin's 
indiscriminate use of force has left countless thousands of innocents 
dead and hundreds of thousands homeless on the icy plains and in the 
snow-covered mountains of the Caucasus.
  We all have seen the photos of Grozny, a city subjected to a travesty 
not witnessed in Europe since the siege of Stalingrad and the leveling 
of Warsaw in World War II. Indeed, what has been done to Grozny 
surpasses even the havoc Milosevic wrought upon the towns and cities of 
Bosnia-Herzegovina and Kosovo. It is difficult to believe, but it is 
true.
  In a time when Western Governments have turned a blind eye to this 
conflict, the ability of journalists to report objectively on the 
horrors of this war becomes all the more important to the effort to 
bring an end to this violence and establish a just peace.
  Russian President Vladimir Putin appears to recognize this only too 
well. As a consequence, freedom of the press, a cornerstone of 
democracy, has become another victim of his government and his war 
against Chechnya.
  Mr. President, the Russian government is today systematically 
censoring the press and attempting to use it to disseminate 
misinformation about public events. Journalists in Russia who report on 
the war and other matters in a manner contradicting the Putin 
Government do so at great risk. They are subject to intimidation, 
harassment, detention, and even violence by Russian authorities.
  In one recent case, Russian police attempted to arrest a journalist 
and send him off to a psychiatric hospital, a ghoulish effort 
reminiscent of Putin's not to distant career in the Soviet KGB.
  Nowhere has this suppression of the free press become more blatant 
and cruel than in the case of Andrei Babitsky, a ten year veteran 
journalist of our own Radio Liberty and Radio Free Europe.
  Babitsky courageously and objectively covered the 1994-1996 Russo-
Chechen war as well as the current conflict. For his accounts of the 
atrocities committed by Russian military and the resilience of the 
Chechen resistance, he has paid an extremely high price.
  In mid-January, he was seized in Chechnya by Russian forces and 
detained. That is the last heard from him directly.
  The Russian Government's response to inquiries about Babitsky's 
health and whereabouts have been contradictory and dismissive.
  After nearly three weeks of asserting that Babitsky had not been 
detained, that he was about to be freed--and, indeed, that he had been 
freed, a Kremlin spokesman summarily announced on February 3 that his 
government exchanged Babitsky for three Russian prisoners of war held 
by the Chechen resistance.
  Chechen authorities deny that such an exchange ever took place. And, 
the Kremlin has not provided one iota of credible evidence backing its 
version of events. Today, the fate of Andrei Babitsky remains unknown. 
He is a father with a loving and courageous wife and two children. We 
must pray that Babitsky will return safely to his family.
  Mr. President, it is with Andrei Babitsky in mind, I, along with 
Senator Biden, the Majority Leader, and Senator Roth, send to the desk 
a resolution concerning the state of freedom of press in Russia. This 
resolution recounts the facts as we know them in the case of Andrei 
Babitsky, and it underscores that his detention and disappearance are 
not isolated incidents but part of the Russian government's broader and 
systematic repression of the press.
  It expresses our belief that--and at that this point I shall read the 
concluding elements of the pending resolution:

       (1) The detention of Andrei Babitsky by the Government of 
     Russia and the misinformation it has issued concerning this 
     matter constitute reprehensible treatment of a civilian in a 
     conflict zone, in violation of the principles set forth in 
     Protocol I to the Geneva Conventions, and demonstrate the 
     [Russian] Government's intolerance toward a free and open 
     press;
       (2) The conduct by the Government of Russia leaves it 
     responsible for the safety of Andrei Babitsky;
       (3) The Government of Russia should take steps to secure 
     the safe return of RFE/RL reporter Andrei Babitsky to his 
     family;
       (4) The Government of Russia should provide a full 
     accounting of Mr. Babitsky's detention and the charges he 
     faced; and
       (5) The Russian authorities should immediately halt its 
     harassment of journalists, foreign and domestic, who cover 
     the war in Chechnya and any other event in the Russian 
     Federation and should fully adhere to the Universal 
     Declaration of Human Rights which declares in Article 19 that 
     ``everyone has the right to freedom of opinion and 
     expression; this right includes the freedom to hold opinions 
     without interference and to seek, receive and impart 
     information and ideas through any media and regardless of 
     frontiers.''

  No principle lies deeper in the heart of democracy than the right to 
free speech. And the embodiment of that principle is a free press. Not 
only is freedom of the press a cornerstone of democracy, it is a key 
catalyst of democratic reform. Russia will not become a democracy if 
the Kremlin continues to repress, intimidate, harass, and brutalize 
those journalists who do not share its point view. Our ability to help 
Russia evolve into a democracy cannot be effective if we ignore such 
systematic repression of the press.
  I call upon my colleagues to join me in supporting this resolution.
  Allow me to close on one point related to the disappearance of Andrei 
Babitsky, freedom of the press in Russia and the relationship between 
Washington and Moscow.
  It has become public knowledge that some in these two capitals 
contemplate a summit meeting in the near future between President 
Clinton and President Vladimir Putin. If our government is serious 
about determining the facts surrounding Andrei Babitsky's fate, if our 
government is serious about protecting other journalists from such 
abuse, and if our government is serious about promoting democratic 
reform in Russia, the administration will promptly dismiss such 
proposed summits until Putin has provided a full and credible 
accounting of Babitsky's detention and his current whereabouts.
  It is premature to consider summit meetings at a time when the 
Russian government remains contemptuously dismissive of Babitsky and 
our concerns about his safety, not to mention the international 
community's call for a just peace in Chechnya.
  The administration has repeatedly stated that the Kremlin will 
isolate itself through its barbaric conduct in Chechnya. Now is the 
time for the administration to live up to its own words.
  Mr. BIDEN. Mr. President, I am pleased to join the chairman of the 
Foreign Relations Committee, Senator Helms, in supporting a resolution 
regarding Andrei Babitsky, a reporter for Radio Liberty, who has been 
missing in Russia since January.
  Mr. Babitsky is a veteran reporter for Radio Liberty, the U.S.-funded 
radio broadcasting organization based in Prague. He has reported on 
Russia for over a decade, and reported on the Russo-Chechen war from 
1994 to 1996 and over the past several months.
  In mid-January, Mr. Babitsky disappeared in Chechnya. Since then, 
Russian officials have issued contradictory statements about Mr. 
Babitsky's whereabouts and well-being. On January 26, a Russian 
presidential spokesman stated that Babitsky ``left Grozny and then 
disappeared,'' and that Russian officials had no knowledge of his

[[Page S834]]

whereabouts. Two days later, Russian authorities acknowledged to 
officials from Radio Free Europe/Radio Liberty that Mr. Babitsky had 
been detained, but that he would soon be released. Just a few days 
after that, Russian officials stated that, instead of being released, 
Mr. Babitsky had been handed to Chechen rebels in exchange for three 
Russian prisoners of war.
  It is now late February. Mr. Babitsky still has not been heard from, 
and the Russian government has yet to provide a credible accounting of 
his whereabouts.
  The actions and statements of the Government of the Russian 
Federation are deeply troubling, not only because of what they may mean 
for Mr. Babitsky's well-being, but for what they may portend about the 
freedom of the press in Russia today. Mr. Babitsky is a journalist, 
working for an American-supported news organization. His detention by 
the Russian authorities, and his reported exchange with the Chechens, 
violates fundamental norms embodied in the Geneva Conventions and 
applicable protocols. Equally troubling, the detention and mistreatment 
of a working journalist is a chilling indication that the Government of 
the Russian Federation is not committed to a fundamental human right: 
freedom of the press. These are not just the words of one United States 
Senator. In Russia itself, a leading journalists' union has stated that 
the Babitsky case is ``not an isolated episode, but almost a turning 
point in the struggle for a press that serves society and not the 
authorities.''
  Several weeks ago, the chairman and I wrote to Acting President Putin 
and urged Mr. Babitsky's release. Several other senators and members of 
the other body have expressed similar views. Additionally, the 
Secretary of State has raised this matter with senior Russian 
officials. In Russia, Europe and the United States, there has been 
universal condemnation of the Russian Government for its actions in 
this matter.
  Today we have decided to call additional attention to Mr. Babitsky's 
plight by introducing this sense of the Senate resolution, which 
criticizes the Government of the Russian Federation for its actions in 
the Babitsky matter and calls on Moscow to provide a full accounting of 
his detention.
  I hope it will get the attention of the Russian Government. I hope it 
will help lead to the truth about the whereabouts of Mr. Babitsky. I 
urge my colleagues to support it.
  Mr. BROWNBACK. Mr. President, I ask unanimous consent that the 
resolution be agreed to, the preamble be agreed to, and the motion to 
reconsider be laid upon the table.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The resolution (S. Res. 261) was agreed to.
  The preamble was agreed to.
  The resolution, with its preamble, reads as follows:

                              S. Res. 261

       Whereas Andrei Babitsky, a dedicated and professional 
     journalist for Radio Free Europe/Radio Liberty (RFE/RL) for 
     the last 10 years, reported on the 1994-1996 and the current 
     Russo-Chechen wars;
       Whereas on December 27, 1999, the Russian Information 
     Committee (RIC) in Chechnya accused Babitsky of ``conspiracy 
     with Chechen rebels'' after he broadcast a story that shed 
     unfavorable light on Russian military actions in Chechnya;
       Whereas on January 8, 2000, Russian security agents raided 
     Babitsky's apartment in Moscow and confiscated several items 
     and later ordered his wife, Ludmila Babitskaya, to report to 
     a local militia station in Moscow after she attempted to pick 
     up photographs taken by her husband in Chechnya;
       Whereas on January 18, 2000, Babitsky was reportedly 
     detained by Russian authorities in Moscow but later reports 
     indicated that he was not formally arrested until January 27, 
     2000;
       Whereas on January 26, 2000, Russian presidential spokesman 
     Sergei Yastrzhembsky said that Babitsky ``left Grozny and 
     then disappeared'' and declared that Russian security 
     services had no idea as to his whereabouts and that ``his 
     security is not guaranteed'';
       Whereas on January 28, 2000, Russian media officials told 
     RFE/RL that Babitsky would be released with apologies after 
     having been charged with participating in ``an illegal armed 
     formation'';
       Whereas on February 2, 2000, Moscow officials announced 
     that Babitsky would be transferred from Naursky district near 
     Chechnya to Gudermes and then to Moscow where he would then 
     be released on his own recognizance;
       Whereas on February 3, 2000, Russian presidential spokesman 
     Sergei Yastrzhembsky said that Russian officials exchanged 
     Babitsky for 3 Russian prisoners of war and on the same day, 
     Vladimir Ustinov, acting Russian prosecutor general, said 
     Babitsky had been released and had gone over to the Chechens 
     on his own accord;
       Whereas the Government of the Russian Federation has 
     repeatedly issued contradictory statements on the detention 
     of Andrei Babitsky and provided neither a credible accounting 
     of its detention of Babitsky nor any credible evidence of his 
     well-being;
       Whereas United Nations High Commissioner for Human Rights 
     Mary Robinson stated on February 16 that Russian behavior in 
     Chechnya and the detention of Andrei Babitsky appears to 
     violate the Geneva conventions to which Russia is a 
     signatory;
       Whereas on February 16, 2000, Russian Human Rights 
     Commissioner Oleg Mironov denounced Moscow's handling of 
     Babitsky as a violation of Russian law and international law 
     and stated that the situation surrounding Babitsky signals 
     ``that the same thing may happen to every reporter'';
       Whereas the Union of Journalists in Russia declared on 
     February 16 that the case of Andrei Babitsky is ``not an 
     isolated episode, but almost a turning point in the struggle 
     for a press that serves society and not the authorities'' and 
     that ``the threat to freedom of speech in Russia has for the 
     first time in the last several years transformed into its 
     open and regular suppression'';
       Whereas freedom of the press is both a central element of 
     democracy as well as a catalyst for democratic reform;
       Whereas the Government of the Russian Federation has 
     repeatedly violated the principles of freedom of the press by 
     subjecting journalists who question or oppose its policies to 
     censorship, intimidation, harassment, incarceration, and 
     violence; by restricting beyond internationally accepted 
     limits their access to information; and by issuing misleading 
     and false information; and
       Whereas the Government of the Russian Federation has 
     egregiously restricted the efforts of journalists to report 
     on the indiscriminate brutality of Russia's use of force in 
     Chechnya: Now, therefore, be it
       Resolved, That it is the sense of the Senate that--
       (1) the detention of Andrei Babitsky by the Government of 
     the Russian Federation and the misinformation the Government 
     of the Russian Federation has issued concerning this matter--
       (A) constitute reprehensible treatment of a civilian in a 
     conflict zone in violation of the Geneva Conventions and 
     applicable protocols; and
       (B) demonstrate the Government of the Russian Federation's 
     intolerance toward a free and open press;
       (2) the conduct of the Government of the Russian Federation 
     leaves it responsible for the safety of Andrei Babitsky;
       (3) the Government of the Russian Federation should take 
     steps to secure the safe return of RFE/RL reporter Andrei 
     Babitsky to his family;
       (4) the Government of the Russian Federation should provide 
     a full accounting of Mr. Babitsky's detention and the charges 
     he may face; and
       (5) the Russian authorities should immediately halt their 
     harassment of journalists, foreign and domestic, who cover 
     the war in Chechnya and any other event in the Russian 
     Federation and should fully adhere to the Universal 
     Declaration of Human Rights, which declares in Article 19 
     that ``everyone has the right to freedom of opinion and 
     expression; this right includes the freedom to hold opinions 
     without interference and to seek, receive and impart 
     information and ideas through any media regardless of 
     frontiers''.

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