[Congressional Record (Bound Edition), Volume 158 (2012), Part 2]
[Senate]
[Pages 1841-1846]
[From the U.S. 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

[[Page 1842]]

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 
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.

[[Page 1843]]

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 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.

[[Page 1844]]

  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 
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--

[[Page 1845]]

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.
  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

[[Page 1846]]

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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