[Congressional Record Volume 158, Number 26 (Thursday, February 16, 2012)]
[Senate]
[Pages S806-S810]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
RUSSIAN HUMAN RIGHTS
Mr. WICKER. Mr. President, I expect to be joined in a moment by my
colleague and good friend, Senator Cardin, and he and I and perhaps
others will be talking about the deteriorating situation in Russia with
regard to human rights and the rule of law.
I came to the floor in November to speak about the deteriorating
situation. I spoke about the wrongful imprisonment and tragic death of
Russian lawyer Sergei Magnitsky.
Mr. President, let me state that at this point I will be happy to
yield to my colleague from Maryland to actually kick off this
discussion. I think that was the agreed-upon order, and staff believed
I would have a few moments. But I would be glad to defer to my friend.
The ACTING PRESIDENT pro tempore. The Senator from Maryland.
Mr. CARDIN. Mr. President, I ask unanimous consent that there be 30
minutes available for a colloquy controlled by Senator Wicker and
myself.
The ACTING PRESIDENT pro tempore. Without objection, it is so
ordered.
Mr. CARDIN. I thank the Chair, and I thank Senator Wicker for
starting us off on the discussion of what is happening in Russia today.
I rise today, along with some of my colleagues, to bring attention to
the growing issue of human rights violations in Russia, typified by the
case of Sergei Magnitsky. Just last week, as part of a bilateral
Presidential commission, Attorney General Holder met with the the
Russian Minister of Justice to discuss the rule of law issues. That
same week, Russian officials moved in their criminal prosecution of
Sergei Magnitsky. Mr. President, I remind you that Mr. Magnitsky has
been dead for more than 2 years.
Last May I joined with Senator McCain, Senator Wicker, and 11 other
Senators from both parties to introduce the Sergei Magnitsky Rule of
Law Accountability Act. We now have nearly 30 cosponsors, and I urge
more to join us and look at ways to move forward on helping halt abuses
like this in the future.
After exposing the largest known tax fraud in Russian history, Sergei
Magnitsky, a Russian tax lawyer, working for an American firm in
Moscow, was falsely arrested for crimes he did not commit and tortured
in prison. Six months later, he became seriously ill and was
consistently denied medical attention, despite 20 formal requests.
Then, on the night of November 16, 2009, he went into critical
condition. But instead of being treated in a hospital, he was put in an
isolation cell, chained to a bed, beaten by eight prison guards with
rubber batons for 1 hour and 18 minutes until he was dead. Sergei
Magnitsky was 37 years old and left behind a wife, two children, and a
dependent mother.
While the facts surrounding his arrest, detention, and death have
been independently verified and accepted at the highest levels of
Russian Government, those implicated in his death and the corruption he
exposed remain unpunished, in positions of authority, and some have
even been decorated and promoted. Following Magnitsky's death, they
have continued to target others, including American business interests
in Moscow.
These officials have been credibly linked to similar crimes and have
ties to the Russian mafia, international arms trafficking, and even
drug cartels. The money they stole from the Russian budget was
laundered through a network of banks, including two in the United
States. Calls for an investigation have fallen on deaf ears.
In an Orwellian turn of events, the law enforcement officers accused
by Magnitsky and those complicit in his murder are moving to try him
for the very tax crimes they committed. Think of the irony. He exposed
corruption in Russia. As a result, he was arrested, imprisoned,
tortured, and killed. Now those who perpetrated the crime on him are
charging him, after his death, with the crimes they committed.
We cannot be silent. One of the most articulate voices in the Senate
on this issue has been Senator Wicker, who is the leading Republican on
the Helsinki Commission, and I applaud him for his efforts not only in
bringing the Magnitsky abuse to public attention and what is happening
in Russia, but in many other areas where human rights violations have
occurred.
I will be glad to allow my colleague some time on this issue, Mr.
President.
Mr. WICKER. I thank my colleague from Maryland. And yes, indeed,
there are other cases of human rights violations, not the least of
which I have highlighted time and again on this Senate floor--being the
cases of Mikhail Khodorkovsky and Platon Lebedev. Each is an appalling
story such as the one Senator Cardin pointed out with regard to Mr.
Magnitsky, a story about the corruption within the Russian Government
itself. My colleagues and I will continue to speak out about these
cases in the hope that attention will inspire change.
I look forward to the day when the focus of a floor statement can be
about the progress we have made with Russia. This is something to which
my colleague and I dearly look forward. We look forward to the day when
Russia begins to uphold democracy, human rights, and the rule of law.
Unfortunately, today is not the day. In recent months, an
overwhelming number of headlines out of Russia focus on the Russian
spring. Opposition groups, citizens, and, in many cases, the mainstream
media have reacted to moves by the Russian regime they view as no
longer acceptable.
On September 24 of last year, President Medvedev struck a deal that
would clear the way for his predecessor, Vladimir Putin, to run next
month for a third Presidential term. As the Wall Street Journal noted
in an opinion piece last December:
Even the most thick-skinned citizens saw that turning the
Presidency into the object of a private swap made a mockery
of the Constitution.
Russia's fraudulent parliamentary elections in December further
deepened the political crisis and affirmed the erosion of democracy.
Secretary Clinton--our Secretary of State--called them neither free nor
fair. So this is a bipartisan denunciation of the process.
Observers have claimed that 12 to 15 percent of the votes were
falsified in favor of the United Russia Party. According to most
analysts, improvement is not expected in the upcoming Presidential
election this March.
But these corrupt actions have not been ignored. On December 10, more
than 60,000 Russians took to the streets of Moscow in protest.
Similarly, on February 4, some 120,000 citizens from across the
political spectrum braved below-zero weather during a prodemocracy
march in central Moscow. Their demands were clear: Release political
prisoners such as Khodorkovsky and Lebedev. Allow opposition parties to
register. Hold free and fair elections. And pledge not to give a single
vote to Putin on March 4. Similar rallies were held in small towns
across Russia.
We can be glad for the call for reform and we are glad it is growing
louder. According to a February poll by Russia's independent Levada
Center, 43 percent of Russians now support prodemocracy protests.
Additional protests are already scheduled for later this month.
Specifically let me once again underscore the horrific facts about
Sergei Magnitsky, because they need to be heard, and perhaps some of
our colleagues were not listening the first time.
In the midst of this public outcry and demand for democratic process,
the news out of Russia with regard to Mr. Magnitsky is almost
unbelievable. Last week, it was revealed that the police in Russia plan
to retry the tax evasion case of the late Sergei Magnitsky. As many of
my colleagues are aware, Mr. Magnitsky is already dead. He died in
Russian detention more than 2 years ago. He was a lawyer and a partner
in an American-owned law firm based in Moscow. He was married, with two
children, as my friend has said. His clients included the Hermitage
Fund, which is the largest foreign portfolio investor in Russia.
Through his investigative work on behalf of Hermitage, Mr. Magnitsky
[[Page S807]]
discovered that Russian Interior Ministry officers, tax officials, and
organized criminals worked together to steal $230 million in public
funds, orchestrating the largest tax rebate fraud in the history of the
Russian Republic.
In 2008, Mr. Magnitsky voluntarily gave sworn testimony against
officials from the Interior Ministry Russian tax department and the
private criminals whom he found had perpetrated the fraud. A month
later, an arrest was made--and the person arrested was Mr. Magnitsky
himself. He was placed in pretrial detention and held without trial for
12 months.
While in custody, he was pressured and tortured by Russian officials,
hoping he would withdraw his testimony and falsely incriminate himself
and his client. But he refused to do so, and his condition worsened and
his health worsened. He spent months without medical care. Requests for
medical examination and surgery were denied by Russian government
officials.
On November 13, 2009, Mr. Magnitsky's condition deteriorated
dramatically. Doctors saw him on November 16, when he was transferred
to a Moscow detention center that actually had medical facilities. Yet,
instead of being treated at those facilities immediately, he was placed
in an isolation cell, handcuffed, and beaten until he died.
In the months following his death, Russian officials repeatedly
denied facts concerning his health condition. The Russian state
investigative committee claimed that Magnitsky was not pressured or
tortured, but died naturally of heart disease, and his death was
nobody's fault. This is from the Russian Government.
Since Mr. Magnitsky's death, two subsequent reviews have helped
clarify some of the facts. In late December of 2009, the Moscow Public
Oversight Commission, an independent watchdog mandated under Russian
law to monitor human rights, issued its conclusions on this case. This
independent Russian oversight commission stated that in detention,
Magnitsky had been subjected to torture, physical and psychological
pressure; that he was denied medical care; and that his right to life
had been violated by the Russian state.
The conclusions were sent to the Russian General Prosecutor's Office,
the Russian State Investigative Committee, the Russian Ministry of
Justice, and the Presidential Commission. None of these agencies has
responded to the report's conclusions.
More recently, a second finding was issued by the Russian President's
Human Rights Council. It issued its independent expert findings on the
case. The report found that Magnitsky was arrested on trumped-up
charges--yet, they are being brought forward again after his
unfortunate death--in breach of Russian law and in breach of the
European human rights convention, that his prosecution was unlawful,
that he was systemically denied medical care, that he was beaten in
custody which was the proximate cause of his death, that his medical
records were falsified, and that there is an ongoing coverup and
resistance by all government bodies to investigate.
Senator Cardin and I and Senator McCain and others have no choice but
to continue coming to this floor, to continue using every forum we can
possibly use to bring these facts to light.
I have taken quite a bit of our time with my prepared statement, so I
yield back to my friend from Maryland as to any other thoughts he might
have. I want to commend his leadership with regard to the legislation.
Do I understand now that we have some 30 cosponsors?
Mr. CARDIN. That is correct. And, again, I thank the Senator for his
leadership and I thank him for his comments.
We have 30 cosponsors of the Magnitsky legislation and I am going to
be encouraging more of our colleagues to join us in cosponsorship. I
want to talk a little bit about that, if I might. But let me underscore
the point Senator Wicker made.
Mr. Magnitsky died 2 years ago for crimes perpetrated on him that
have been well documented. The Russian Federation is now charging him
after his death for those crimes--after his death. Not even in Stalin's
time did they try people after they died. This is the first time in
Russian history that a man has been tried after his death. Further,
they have summoned Mr. Magnitsky's widow and ailing mother as witnesses
against their husband and son. This is a new chapter in brazen
impunity.
An editorial last week in the Financial Times observed that:
If he is convicted, the accused's citizenship could be
revoked, he could be exiled, and forced to die somewhere
else.
That might be funny if it weren't real.
If that weren't enough, the Russian Justice Minister recently
proposed that the United States and Russia conclude an extradition
treaty.
Legal farces like we have seen in the case of Sergei Magnitsky and
many others bring reasonable people to only two conclusions, both of
which are profoundly disturbing: Either senior leaders are not the ones
running the country or the senior leadership is complicit in these
outrages.
The Magnitsky story sounds like a Hollywood thriller, but his case is
real and the rampant corruption, violence, and lawlessness do exist in
the Russian Government. His cause has become a global campaign for
justice.
As Senator Wicker pointed out, the popular opinion in Russia is on
the side of justice. There have been over 4,000 stories on Sergei
Magnitsky since his death in Russia.
We know from countless historical cases, such as the death in police
custody of the anti-apartheid activist Steve Biko in 1977, that one
person's life and sometimes death can change the system. Since we are
now living on the Internet, such change often comes much faster than
expected.
I am going to comment about the legislation I filed and the need for
us to consider that, but I notice Senator Shaheen is on the floor.
Senator Shaheen is a member of the Helsinki Commission. She also chairs
the Subcommittee on European Affairs on the Senate Foreign Relations
Committee and has been an outspoken champion on behalf of human rights.
I am pleased she is here, and I wish to give her an opportunity to talk
about this issue.
The PRESIDING OFFICER. The Senator from New Hampshire.
Mrs. SHAHEEN. Mr. President, I thank Senator Cardin and Senator
Wicker for their efforts today coming down to the floor to raise this
important human rights issue.
As you say, if we didn't see the facts, we would believe this was
fiction, what is going on in Russia today. But I think these efforts
are particularly important given what is happening today in Russia.
We have seen historic demonstrations on the streets of Moscow over
the last several months. Ordinary Russian citizens, fed up with nearly
a decade of corruption, have courageously taken to the streets to
demand their voices be heard. The fraudulent Duma elections and the
cynical and manipulative decision by Prime Minister Putin to return to
the Presidency have reawakened civil society throughout Russia.
As a leading Russian social activist Alexei Navalny wrote from his
jail cell following the peaceful December demonstrations:
We all have the only weapon we need and the most powerful.
That is the sense of self-respect.
Today, as we call for justice for human rights abuses in Russia, we
also stand with those brave Russian citizens who have risked so much in
calling for their rights to be respected, just as Sergei Magnitsky did.
As we have seen throughout this last year of upheaval around the
globe, the rising voice of a public driven to peaceful protest can be
deafening. Prime Minister Putin and his regime would be wise to listen
to the people of Russia.
I also want to echo what Senators Wicker and Cardin have said about
the importance of passing the Sergei Magnitsky Rule of Law
Accountability Act. There are now 28 Senate cosponsors. I am one of
those cosponsors and am proud to be, and I want to associate myself
with what Senators have said on the floor of the Senate today.
The case of Mr. Magnitsky is a tragic one. He was falsely imprisoned,
beaten, denied medical care, and ultimately killed, as you all have so
eloquently explained. And to this day, no one has been held accountable
for his tragic and unnecessary killing. We stand here today to press
for accountability in Mr. Magnitsky's death. However, I think it
[[Page S808]]
is important for us to reiterate that this is more than simply a
question of one man's tragic case.
The State Department's human rights report for this year described
numerous violations, as Senator Cardin said so well: attacks on
journalists, physical abuse of citizens, harsh prison conditions,
politically motivated imprisonments, and other government harassments
and violence.
The European Court of Human Rights has issued more than 210
judgments, holding Russia responsible for grave human rights
violations, including abductions, killings, and torture in Chechnya and
throughout the northern Caucasus.
There are many more cases like Magnitsky, which is why the bill is so
important. It seeks to ensure that no human rights abusers, in Russia
or elsewhere in the world, are granted the privilege of traveling to
this country or utilizing our American financial system.
As chair of the Subcommittee on European Affairs, I was pleased to
preside over a hearing on the Magnitsky bill and on the state of human
rights in Russia. I thank Chairman Kerry for helping to make that
hearing possible.
During the hearing we had a very constructive conversation with State
Department officials, and we heard unanimous support for the
legislation from an impressive panel of human rights activists and
Russian experts. We have also received letters that I ask unanimous
consent to have printed in the Record from leading human rights and
civil society leaders in Russia calling on the Senate to pass the
Magnitsky bill.
There being no objection, the material was ordered to be printed in
the Record, as follows:
People's Freedom Party,
Russia, December 11, 2011.
Sen. Jeanne Shaheen,
Chairman,
Sen. John Barrasso,
Ranking Member, Subcommittee on European Affairs, U.S. Senate
Committee on Foreign Relations.
Dear Senators: I am writing to express my strong support
for S. 1039, the Sergei Magnitsky Rule of Law Accountability
Act of 2011, currently under consideration by the U.S.
Senate.
Last Saturday, over 100,000 Russian citizens gathered in
central Moscow to protest against the authoritarian and
kleptocratic regime of Vladimir Putin--the regime that has
curtailed media freedom, turned elections into a farce, and
Parliament and the judiciary into rubber-stamps, put
opponents behind bars, and presided over unprecedented
corruption (the latest Transparency International Index
places Russia 143rd, below Eritrea and Sierra Leone). Too
often, as in the case of Sergei Magnitsky, the corruption and
the lawlessness result in human tragedy.
Apart from robbing the Russian people of its wealth and its
dignity, Mr. Putin's regime is robbing it of its voice. The
December 4th parliamentary election was marred by widespread
fraud: some 13 million votes were stolen as a result of
ballot-stuffing and other manipulations designed to preserve
the ruling United Russia party's majority (even with this,
the party received less than 50 percent of the vote). Nine
opposition parties across the political spectrum, including
the People's Freedom Party, were denied access to the ballot
altogether. This behavior violates not only Russian, but also
international norms--including the statutes of the OSCE, to
which both Russia and the United States are party.
It is time to end the impunity for those who continue to
show contempt for international norms and values, while
enjoying the privileges of free travel and financial
interactions in the West. S.1039 would provide an important
measure of accountability for those who violate the basic--
and internationally protected--rights and freedoms of Russian
citizens. It is time to tell thieves and human rights
violators that they are no longer welcome.
It is the task of Russian citizens and Russian citizens
alone to bring about political change and democratic
governance in our country. But by passing S. 1039, the U.S.
Senate can do more to help the cause of democracy and the
rule of law in Russia than by all the statements and speeches
combined.
Sincerely,
Boris Nemtsov,
Co-Chairman.
____
16 September 2011.
Hon. Harry Reid,
Majority Leader, U.S. Senate,
Hon. John Kerry,
Chairman, Committee on Foreign Relations, U.S. Senate.
Dear Messrs. Senators: This letter is an expression of
support for S. 1039, the ``Sergei Magnitsky Rule of Law
Accountability Act of 2011'', currently pending before the
Senate Committee on Foreign Relations.
This bill prescribes sanctions in the form of denial of
visas to the US and freezing of bank accounts in the USA for
persons--including officials of the Russian Federation--who
have engaged in human rights violations, ones such as abuses
of power whether for personal or political motives or for
covering up abuses by colleagues.
Egregious abuses of human rights are, unfortunately, common
in today's Russia. Sergei Magnitsky, the namesake of the
bill, was deprived of his liberty without cause and in
violation of basic principles of justice. Russian authorities
were responsible for his perishing while in custody.
Magnitsky ended up in jail because, executing his official
duties, he discovered theft from the Russian budget of a
large sum of money, committed by a group of senior Russian
officials. Russian authorities continue to evade bringing the
officials guilty of Magnitsky's death to justice.
For us it is very important that US legislators take steps
to bring the persons who are violating the law and abusing
power in Russia to justice. We believe human rights should
not be sidelined for perceived political interests.
Human rights should not be sidelined for the sake of
political interests, whatever they may be.
Sergei Magnitsky fell victim to inhuman Russian justice. No
small number of our citizens are illegally deprived of
liberty in consequence of the defects of this system.
Impunity for those who fabricated the charges against
Magnitsky and caused him to die, gives free rein to other
officials, who enrich themselves with the property of others
or pursue the political opponents of the authorities. The
felonious enforcement cliques seize the property of their
victims who resist these takeovers, pursue them and deprive
them of their liberty for many long years. And in detention
they can be subjected to abuse and even torture.
The most famous victims of such takeovers are the owner of
the YUKOS company Mikhail Khodorkovsky and the manager of
this company Platon Lebedev. Amnesty International has
recognized both of them as prisoners of conscience. The
result of their arrest and the takeover of the company became
expansion of the gigantic economic empire owned by persons
from Prime Minister V. Putin's inner circle.
Opposition politicians, human rights advocates and civic
activists have become victims of persecutions and unlawful
arrests under made-up pretexts. Such persecutions will not
cease as long as those who are responsible for the death of
Magnitsky, for the imprisonment of Khodorkovsky and Lebedev,
and the crackdown on Russian civil society remain unpunished.
Bill S. 1039 prescribes sanctions not only with respect to
the Magnitsky case, but applies to the entire range of human
rights abuses, among others, in Russia as well. Accordingly,
officials responsible for the politically motivated
persecution of Mikhail Khodorkovsky, Platon Lebedev and the
other victims of the persecution of the YUKOS company as well
as those who impede the exercise of fundamental democratic
liberties, ones such as freedom of assembly, freedom to
create parties, freedom of elections etc. ought to be
included in this list. This is a list that is much longer
that that list of roughly 60 individuals sent by Senator
Cardin to the US State Department in 2010. Such a list must
from now on be supplemented with new names.
The threat of sanctions against the perpetrators of the
Magnitsky tragedy struck a raw nerve with the Russian
officials responsible for this tragedy. The consistent
implementation of international pressure on the
corruptioneers in the leadership circles of Russia will be a
significant support for our civil society and for those
honest people within the Russian power structures who are
trying to renew and reform government institutions.
We call upon you, Honorable Senators, to support S. 1039,
the ``Sergei Magnitsky Rule of Law Accountability Act of
2011.'' We hope that it will be considered without delay and
favorably in the Senate Committee on Foreign Relations and
then by the full Senate.
Respectfully,
Ludmilla Alexeeva, chairwoman of the Moscow Helsinki
Group; Lev Ponomarev, head of the All-Russia Movement
For Human Rights; Nina Katerli, writer, member of the
Russian PEN-CENTRE, member of the Public Expert Board
of the All-Russia Movement For Human Rights; Lidiya
Grafova, journalist; Liya Akhedzhakova, people's artist
of the RF; Natalia Fateyeva, people's artist of the RF;
Boris Vishnevsky, observer for Novaya gazeta;
Konstantin Azadovskii, literary historian, Chairman of
the executive committee of the Saint Petersburg PEN-
club; Eldar Ryazanov, film director, scriptwriter,
poet; Alexey Devotchenko, Russian theater and movie
actor, honoured artist of Russia; Boris Nemtsov,
politician; Mark Urnov, Russian political scientist,
scientific head of the Applied Political Science
Department of the Higher School of Economics State
University; Victor Shenderovich, Soviet and Russian
satirist, TV and radio host, liberal publicist, human
rights advocate; Vladimir Ryzhkov, opposition
politician; Rafail Ganelin, historian, corresponding
member of the Russian Academy of Sciences.
Mrs. SHAHEEN. Around the world, governments are also taking up this
[[Page S809]]
important call. The European Parliament, Canada, and The Netherlands
are considering similar pieces of legislation. This summer, the U.S.
State Department barred dozens of Russian officials from traveling to
the United States over their involvement in the death of Magnitsky.
I want to commend the administration, and particularly Secretary
Clinton for her strong words condemning the recent fraudulent elections
in Russia. But despite all these efforts, there is more we can do to
support human rights in civil society, freedom of expression in Russia.
Passing the Magnitsky bill this year is one of them. In the midst of
an election year, at a time of difficult partisanship, I believe this
is one effort--as we have seen so well from Senator Cardin and Senator
Wicker today--this is one effort on which both sides of the aisle can
agree. We stand today unambiguously in support of the rule of law,
democracy, and respect for human rights in Russia. I hope our
colleagues in the Congress and at the State Department will work
constructively in the months ahead to pass this critical legislation.
Before I yield the floor, I also think it is important to call
attention to the particularly egregious act that Russia committed in
recent days before the United Nations, when they vetoed the Security
Council resolution aimed at halting the ongoing violence in Syria.
Today, more than 25,000 people have fled Syria; more than 7,000
innocent Syrians have died at the hands of President Assad. Despite
Syria's growing isolation, Russia continues to harbor and arm the
Syrian regime. This is unacceptable. I think our passage of the
Magnitsky bill will send a very strong sign to Russia that not only in
the Magnitsky case and other human abuses in-country are they going to
be held accountable, but their actions internationally will also make
them accountable to the international community.
Again, I say thank you to Senators Cardin and Wicker for their
leadership on this issue. I am pleased and honored to be able to join
them in making this fight.
Mr. WICKER. Mr. President, we were honored to have Senator Shaheen
join us. I know there are others who would like to be here today.
We are here to tell the sordid facts of this case. But we are also
here because change can occur. If this were completely hopeless, what
would be the point of this exercise? Change occurred in Eastern Europe.
I must admit there was a time in my younger days when I doubted it
would ever occur. My hat is off to the intrepid members of the Public
Oversight Commission who had the courage to issue a report critical of
their government to the Russian President's Human Rights Council. So
voices are being heard. There is a thread of truth coming from the
almost Iron Curtain of authoritarianism that we have reverted to in
Russia.
The Senator from New Hampshire mentioned other organizations in
Russia. I am glad she has had those letters printed in the Record.
I also point out I have to applaud the international reaction. In
December, the European Parliament passed a resolution recommending an
EU-wide travel ban and asset freeze for officials tied to Mr.
Magnitsky's death.
We need to act as a Senate and as a Congress. I am calling on every
Senator within the sound of my voice today, every legislative director
dealing with defense and foreign policy issues, once again to look at
the Sergei Magnitsky Rule of Law Accountability Act.
I will tell my friend from New Hampshire that the number is now up to
30, we learned on the floor today from Senator Cardin, so we have 30
Senators involved. We ought to have a majority of Senators before the
end of this day, if people would just take the time to look. I join her
in congratulating the Foreign Relations Committee on bringing further
light to this issue. I thank the State Department, as she said. I will
simply conclude my portion by saying recent events make it even more
important that the Foreign Relations Committee and that this Senate
take up and pass this legislation. I urge all my colleagues to consider
joining us on this legislation.
Mr. CARDIN. If I might, I thank Senator Shaheen for her comments, but
more importantly I thank her for her leadership. The hearing she held
on the Sergei Magnitsky bill was very helpful.
First, I think in answer to the question of why we should care, we
all understand America's leadership on moral issues. The world looks to
America to stand against these fundamental abuses of human rights, so
that in and of itself is a reason for us to act.
It is also apparent from the hearings that actions of these
criminals, these violations in Russia, involve our financial
institutions. So we are talking about the integrity of American
companies to be able to do business internationally.
It is not only the moral issue about which we have a right to speak
out. As my colleagues on the floor know, in the commitments we all
signed onto in Helsinki in 1975, we had committed ourselves to basic
human rights and the obligation of any member state to question the
conduct in another state. Russia is a signator of the Helsinki Final
Act. The United States is a signator. We have a responsibility to bring
this to the world's attention.
We can do more. What can we do about this? There are many aspects of
the Magnitsky tragedy that are difficult for us to pursue in the United
States. It cannot be through our justice system; it has to be their
justice system that has to be reformed. But there are steps we can
take. The legislation we all filed recognizes the right to visit
America is a privilege granted by the United States. The visa is a
privilege. There is no guaranteed right to come to America.
One thing we can do is say those who are committing these gross human
rights violations should not be given the privilege of entering the
United States.
I wish to acknowledge and thank Secretary of State Clinton for taking
action against human rights violators. That is the right policy. The
legislation we have authored institutionalizes a process where we deny
the right for those individuals to visit, to come to the United States.
Obviously, that has a price to them. Of course, what we are trying to
do is get the government--in this case Russia--to do what is right.
The second thing we could do is deal with their financial
participation in U.S. institutions. These people do get involved in
international finance. They do have resources that travel through U.S.
financial institutions. We do have laws that allow us to hold those
funds through due process. We can do that.
That is the reason why the legislation we have talked about today,
the legislation I introduced, along with my colleagues, would
institutionalize those types of changes. For those who think it may not
mean much, let me remind them about what we did when the Soviet Union
denied the rights of Jews to be able to leave the country. In the
Congress, we took action by legislation. Many said: Would that make any
difference?
It made a huge difference. It brought about change in the Soviet
Union. Other countries followed our leadership. As both my colleagues
have pointed out, if we act, other countries will act. It will become
the norm and that will help us establish the expectation that countries
do need to address tragedies such as Sergei Magnitsky's and, more
importantly, take steps so it never happens again. That is what we are
attempting to do by moving forward with this legislation. As Senator
Wicker said, we do urge our colleagues to join us in this effort.
Senator Wicker mentioned what is happening around the world. We see
countries go through a democratic transformation we never thought we
would see in our lifetime. It happened in Europe and they are now some
model democracies, our NATO allies, countries that just a few decades
ago we thought would be our enemies to this day. So we have seen change
occur. We want to be on the right side of this issue, the right side of
history, on moving Russia forward with the types of reforms to which
the people of Russia are entitled.
We have the right to do that under the Helsinki Act. We have the
responsibility to point out these issues. We can take action that can
make a huge difference. That is why we are engaged in this discussion,
to say we want Russia to do the right thing. We want to speak out to
the Russian people. We think we can play a very important role.
[[Page S810]]
The U.S. Helsinki Commission, of which I had the honor to be the
Senate chair and Senator Wicker is the lead Republican on the Senate
side, has a proud history of putting a spotlight on problems. People do
not like name calling, but we have to point out where the violations
occur. Unfortunately, if we do not do it, it becomes statistics. But if
we do it, we put a face on it--so we realize these are people who have
families who have been abused because they are trying to do the right
thing--we can get action. That is why I am so proud of the legacy of
the U.S. Helsinki Commission and what we have been able to do.
This is another chapter in that proud history of saying we are going
to stand for basic human rights, that is a priority for our country, we
can do better and we can do justice for Sergei Magnitsky and we can do
justice for the people of Russia.
Mrs. SHAHEEN. Will the Senator yield for a question?
Mr. CARDIN. I will be glad to yield.
Mrs. SHAHEEN. One of the things the Senator talked about so
eloquently, as we talked about the ability of our financial systems to
impact what is happening in Russia--one of the things we heard about at
the hearing on the Magnitsky bill was from the head of the American
Chamber in Russia who talked about what the impact of this kind of case
is on American companies trying to do business and the concern it
raises about issues of corruption and the ability to operate freely in
Russia. Does my colleague not agree that we can also urge those
companies that are operating in Russia to speak out when cases such as
this happen and they have concerns about what it does to their business
in the country?
The ACTING PRESIDENT pro tempore. The majority's 30 minutes has
expired.
Mr. CARDIN. We are going to yield the floor. Let me agree with my
colleague, Senator Shaheen. She is absolutely right. It is going to be
easier for them to speak out if they know we are going to continue
raising these issues.
I thank Senators Shaheen and Wicker and I yield the floor.
The ACTING PRESIDENT pro tempore. The Senator from Wyoming is
recognized.
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