A Europe without political prisoners? ESI in Stockholm

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What would it take for the vision of a Europe without political prisoners to become a reality in the 21st century?
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The Congress of Europe, held in The Hague and presided over by Winston Churchill, proclaimed in 1948 the need for “a Charter of Human Rights guaranteeing liberty of thought, assembly, and expression as well as the right to form a political opposition”:

The Movement for European Unity must be a positive force, deriving its strength from our sense of common spiritual values. It is a dynamic expression of democratic faith based upon moral conceptions and inspired by a sense of mission. In the centre of our movement stands the idea of a Charter of Human Rights, guarded by freedom and sustained by law … To rebuild Europe from its ruins and make its light shine forth again upon the world, we must first of all conquer ourselves.”

The Statutes of the Council of Europe, signed at St. James Palace in London in May 1949, committed all members of this new organization to respect “the spiritual and moral values which are the common heritage of their people and the true source of individual freedom, political liberty and the rule of law.”
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The European Convention for the Protection of Human Rights and Fundamental Freedoms, ready for signature in Rome in 1950, then spelled out these fundamental civic and political rights, which “the governments of European countries which are like-minded” committed to respect.
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Repression of liberty of thought and of political opposition in Europe did not end with the creation of the Council of Europe and the adoption of the Convention, however. Hearing about two Portuguese students in Lisbon, sentenced to seven years imprisonment for raising their glasses in a toast to freedom motivated the British human rights lawyer Peter Benenson to write an article in the Observer about “forgotten prisoners” in 1961. He started:
“Open your newspaper any day of the week and you will find areport from somewhere in the world of someone being imprisoned, tortured or executed because his opinions or religion are unacceptable to his government. There are several million such people in prison—by no means all of them behind the Iron and Bamboo Curtains—and their numbers are growing. The newspaper reader feels a sickening sense of impotence. Yet if these feelings of disgust all oer the world could be united into common action, something effective could be done.”
At the time five of Benenson’s eight “forgotten prisoners” were Europeans: a Romanian philosopher, a Spanish lawyer, a Greek trade unionist, a Hungarian Cardinal and the archbishop of Prague. Benenson of course went on to set up an innovative and new organisation in the wake of his successful camapaign: Amnesty International.
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However, neither Portugal nor Spain, neither Romania nor Hungary nor Czechoslovakia were then members of the Council of Europe (Greece would withdraw from it in 1969 following its military coup). None of them had accepted and ratified the European Convention for the Protection of Human Rights. More than half a century has since passed. The Council of Europe has expanded dramatically so that today 47 countries with a total population of 800 million people have pledged to respect the fundamental rights of the European Convention. But today there is again a challenge to its core values, and this time it is one that has emerged within the very institutions that were meant to protect them.
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In October 2012 the Parliamentary Assembly of the Council of Europe adopted a definition of “political prisoner”.  This definition was first developed by eminent European human rights lawyers working for the secretary general of the Council of Europe as independent experts. The adoption of this definition, following a heated and controversial debate, came at a moment of growing concern that in a number of Council of Europe member states we see a new wave of trials for political motives.  In some countries, one sees the re-emergence of the phenomenon familiar from an earlier period of European history: dissidents, sent to jail for speaking out loud.
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The immediate question that emerged now was obvious: how would such a definition become operational? The first attempt to apply it – in the case of Azerbaijan in January 2013 – ended in defeat in the Parliamentary Assembly (see more here: http://www.esiweb.org/index.phplang=en&id=156&document_ID=136)
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There are many wider policy questions raised by all this –which ESI together with the Jarl Hjalmarson Foundation explores this week at a seminar in Stockholm: What should and could be done by the institutions of the Council of Europe to operationalize the definition of political prisoner that has just been adopted? Is the current system of monitors capable of confronting systemic violations? Are other member states, who are committed to defend the European Convention of Human Rights, able to define red lines that must not be crossed by Council of Europe members with impunity? How can European civil society do even more to use existing institutions and commitments to resist a rising authoritarian temptation?
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The October 2012 PACE resolution sets concrete criteria for what defines a “political prisoner.”. According to Resolution 1900, adopted in a 100-64 vote, a person shall be regarded as a political prisoner if he or she has been deprived of personal liberty in violation of guarantees set forth by the European Convention on Human Rights and its Protocols, including freedom of thought, conscience, and religion; freedom of expression and information; and freedom of assembly and association. Additional criteria include detention imposed for purely political reasons without connection to any offense; the length or conditions of detention being clearly out of proportion to the offense; a clearly discriminatory manner of the detention; and unfair, politically motivated proceedings leading to the imprisonment.
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But what can institutions like the Council of Europe do, going forward, to better defend the ideal of a Europe in which the values of the ECHR are fully respected and in which there would not be any political prisoners in the sense of the definition adopted by PACE in October 2012 (see below). Of course there is always the European Court of Human Rights for individual cases, but what if problems of political prisoners become systemic? It is important to put this debate in the current European context of challenges to the convention, including politically motivated arrests.
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Situations are obviously different even among countries in which problems exist. Azerbaijan and Russia, along with several other post-Soviet states, are today members of the Council of Europe. Yet in recent years governments in these countries have become increasingly aggressive in challenging core values of the Convention – through legislation and through systematic arrests and intimidation of critics and possible political opposition. They have thus tested the instruments and institutions of today’s human rights regime in Europe and have found them to be weaker and easier to manipulate than anybody would have expected in the 1990s. Four decades after the rest of Europe learned about “dissidents” in former communist countries a new generation of dissidents is emerging in the European East … yet this time in countries which insist to be considered “like-minded members” of the club of European democracies.
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Furthermore two other members of the Council of Europe, Turkey and Georgia, have also come into focus in this context, though
evidently the situation in both of these two countries are very different from that in Moscow and Baku, as well as very different from each other. In Turkey we have conceptually at least three different kinds of issues. There is a pattern – for decades – of a judiciary using repressive laws to attack free speech in the name of public morality; there are a range of cases on the basis of anti-terror legislation; and there are the recent high-profile cases against senior military officers and the “deep state”. There is noticeably a lot more freedom of speech than one decade ago, with competitive elections; yet there are also de facto more journalists in jail in Turkey than in any other countries in the world. The trials against many senior military members have been a key tool in a struggle by a civilian government to break the hold of power of the military; and yet there are many signs that they are also political trials, not too concerned about evidence and fairness. How promising then are current efforts to promote reforms of the legislation and the judiciary in Turkey to address such problems? Is the definition of political prisoners, is the Council of Europe a useful reference point in a Turkish context?
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In contrast to its Caucasian neighbours, Georgia has seen a democratic election lead to a real change in power in October 2012; and there are strong and protective laws on freedom of speech. The Council of Europe definition on political prisoners has recently also been applied to set
people free from jail.  At the same time there are growing concerns about prosecutions of former UNM members. A lingering question is whether these cases will turn into witch-hunts, whether the judiciary will be able to preserve credibility and fairness, and how to ensure that the behaviour of the executive and prosecutors remains within limits of rule of law.
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The aim of the Conference is to have an open discussion on the issues of political prisoners and political persecution, rule of law and the role of the judiciary overall in the context of the cooperation within the Council of Europe, in particular in the member states mentioned. The discussions will also focus on how the Council and its member states should act in a consistent fashion in addressing these issues.  And what options there are for different instruments available to in the Council of Europe framework to have more impact on the human rights situation in member states: the parliamentary assembly (PACE) and its monitors, the Commissioner for Human Rights, the Committee of Ministers and the office of the secretary general.
Some recommended reading:
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Parliamentary Assembly of the Council of Europe, The Definition of Political Prisoner, 2012
Rapporteur of the committee of Legal Affairs of PACE, The follow up to the issue of political prisoners in Azerbaijan
http://www.assembly.coe.int/ASP/Doc/XrefViewPDF.asp?FileID=19217&Language=EN
European Stability Initiative, Showdown in Strasbourg: The political prisoner debate in October 2012
European Stabiliy Initiative, Azerbaijan debacle: The PACE debate on 23 January 2013
Human Rights Watch, Laws of AttritionCrackdown on Russia’s Civil Society after Putin’s Return to the Presidency, 2013                                http://www.hrw.org/reports/2013/04/24/laws-attrition
Andrew Drzemczewksi, The Prevention of Human Rights Violations: Monitoring Mechanisms of the Council of Europe, 1999
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PS: The Council of Europe definition of political prisoner states:
The Assembly declares that a person deprived of his or her personal liberty is to be regarded as a “political prisoner” :
a. if the detention has been imposed in violation of one of the fundamental guarantees  set out in the European Convention on Human Rights and its Protocols (ECHR), in particular freedom of thought, conscience and religion, freedom of expression and  information, freedom of assembly and association;
b. if the detention has been imposed for purely political reasons without connection to  any offence;Those deprived of their personal liberty for terrorist crimes shall not be considered political prisoners for having been prosecuted and sentenced for such crimes according to national legislation and the European Convention on Human Rights.
c. if, for political motives, the length of the detention or its conditions are clearly out of  proportion to the offence the person has been found guilty of or is suspected of;
d. if, for political motives, he or she is detained in a discriminatory manner as compared  to other persons; or,
e. if the detention is the result of proceedings which were clearly unfair and this appears  to be connected with political motives of the authorities.

Gas, Wall Street, Hang-overs

Welcome back to these pages in early 2009.

I hope you had as good a transition from 2008 as I had, here in Istanbul. The weather was quite mild, the waters of the Bosporus still deep blue and the New Year’s party I attended, in a 19th century building hosting American teachers from Robert College (Istanbul’s most famous and most attractive private school) was reminiscent of what I imagine parties on the US East Coast were like in the early 1950s.

Put on the music of the film Mona Lisa’s Smile and you understand the mood I am referring to. The 1950s were also, of course, a time of personal optimism (for most households in the West) against a background of geopolitical fears (the Soviet Union had acquired the nuclear bomb and war had erupted in Korea).

I hope that the many warnings about the unfolding world economic crisis did not depress you. My personal strategy against too much pessimism is to take a walk and then to read a book or two about recent European history. This puts most things in perspective. Donald Rayfield’s Stalin and his Hangmen, for example … but more on that later.

Moscow

On the other hand, there has been no shortage of bad economic news from around the world in recent days. Even Gazprom seems to be running out of money, as the NYT reports (“once the emblem of the pride and the menace of a resurgent Russia, Gazprom has become a symbol of the oil state’s rapid economic decline”)! The NYT quotes the strategist at a Russia-focused hedge fund, who says about Gazprom management that “they were as inebriated with their success as some of their investors were.” At the end the article notes that today a significant portion of the Russian corporate bailout fund is to be reserved for oil and natural gas companies. Quite a hang-over.

This is bad news for the Russian state and its oligarchs. It also turns some of my personal spending last year into a minor misallocation of resources. I had bought a whole stack of books about “resurgent Russia”, which I had not yet had any time to read. Starting one (Alexander Rahr’s Russland gibt Gas – Die Rueckkehr einer Weltmacht, 2008; Rahr has long been a leading advocate in Berlin of a strong German partnership with Russia) during these past days, I came across its bold thesis on page two:

“The West is afraid of the new Russian concentration of power, where money, resources and power are brought together. Yet anybody considering toppling this system will recognise: it is very stable. Energy prices will not decline in the coming years and the demand for Russian raw materials will rise. Its natural resources, linked to high energy prices, make Russia immune to economic crises.”

Oh well.

I put the book aside, to read some other time, perhaps. And I think back to the seminar I attended, at the invitation of Carl Bildt, on the island of Visby a few months ago. There, Boris Nemtsov and Mikhail Kasyanov had presented a rather different picture of Russia. They saw a country which had wasted the years of high oil prices; a political economy where both the state and public companies had underinvested; a situation where sources of previous high growth had been exhausted. They certainly did not see a stable system of power.

Nemtsov had published, in February 2008, a report on Putin’s Russia (The Bottom Line) on “the outcome of Vladimir Putin’s activities for the country – an outcome that is hidden from Russian eyes by a smokescreen of official propaganda.” Its conclusion was blunt: “The opportunities offered by the oil windfall have been missed. As under Brezhnev, super income from the export of oil and gas has to a large extent been frittered away and necessary reforms left undone.”

Visby

In Visby, Boris Nemtsov presented part two of his report. It was focused on Gazprom, “the Russian government’s wallet”. It makes fascinating reading as a story of mismanaging (enormous) resources. Here are some of the highlights:

  • 11 of the 18 members of Gazprom’s board are people who either worked with Putin in St. Petersburg or in the FSB in the 1990s; this, the report notes, is “not the typical way in which global energy companies are run … former small-time regional bureaucrats, port and building company managers, do not usually get given top management positions in major oil-and-gas corporations, especially in such numbers.”
  • The results of this management, from 2001 until today, “are pathetic”; it has “almost totally failed to make the corporation perform its main task – that of providing the Russian consumer with a reliable supply of gas.”
  • The paper gives many illustrations of this failure: gas extraction in 2007 fell back to nearly the 1999 level, while demand increased. The paper notes: “Bearing in mind that some of the old gas fields are drawing close to empty, gas extraction may actually go from not just stagnating to actually dropping like a stone.”
  • As a result of this Russia was forced in 2007 to get one third of its gas from non-Gazprom sources. This meant vastly increased imports of Central Asian gas (from just over 1 billion USD in 2005 to 11.7 billion USD in 2007).
  • This stagnation in domestic gas supplies is the result of systemic underinvestment in gas production. “Russia has proven gas deposits sufficient to last it 80 years at current extraction levels. However, many of these deposits are not being worked. A good proportion of these deposits are located in new areas that have not yet been fully explored, lack the necessary infrastructure, and present extreme difficulties.”
  • For all these reasons 2007 saw an increase in sales turnover (plus 8 percent) and a drop in profits (minus 11 percent), against a background of rising gas prices. The reason was rising costs: much more imports, rising debts, rising spending on wages for a growing staff.
  • The economic rationale for many of the current Russian gas pipeline projects is dubious (more in the paper); and
  • There has been tremendous asset stripping from Gazprom in recent years by people well-connected to Putin in recent years.

So far, so disturbing. And surprising, if one looks at the larger picture – and the current investor flight – for one moment.

How, I wondered, first reading this paper a few months ago, could all of this have been news to any insiders? What were all the investors, who had driven up Gazprom’s stock (and who are now fleeing it), thinking about all of these problems? Did energy (or Russia) experts not know these trends unfolding since 2001, when they predicted the rise of a new Russia, powered by the rise of an awesome Gazprom? Was understanding these things – and paying for the best possible research to do so – not a central concern of investors in particular?

This brings me to a second article. I also read it recently, and recommend it strongly. It is another story of massive overconfidence, bordering on stupidity, by a whole class of highly paid experts, massively misallocating resources. Only this story is set in the US and instead of Putin’s cronies from St. Petersburg the villains are investment bankers from Wall Street. Its author is Michael Lewis and it is called, simply, The End.

Lewis tells the story of Steve Eisman and his hedge fund FrontPoint. Eisman had come to a conclusion early on which is today all too obvious: that the subprime mortgage bond market was one huge bubble; and that, as a result, the investment banking world on Wall Street was dealing in illusions. FrontPoint invested the funds it managed based on this insight; when the crisis came, it emerged vindicated.

There is no need for me to sum up Lewis’ article here. If you have any interest in the current economic crisis unfolding around us, you will probably read it yourself. But the most interesting issue the article raises goes beyond any assessment of the financial sector. It is the same question that is raised by the sudden need for most experts to reassess their analyses of the true state of Gazprom-Russia: how could such a large community of experts working in a certain sector be so mistaken?

In one of the seminal paragraphs in his article, Lewis describes the reactions of Eisman and his team when the Wall Street crisis did erupt in earnest in September 2008:

“This is what they had been waiting for: total collapse. “The investment-banking industry is fucked,” Eisman had told me a few weeks earlier. “These guys are only beginning to understand how fucked they are. It’s like being a Scholastic, prior to Newton. Newton comes along, and one morning they wake up: ‘Holy Shit, I’m wrong!” Now Lehman Brothers had vanished, Merrill had surrendered, and Goldman Sachs and Morgan Stanley were just a week away from ceasing to be investment banks. The investment banks were not just fucked; they were extinct.”

London

I sent the article also to a close friend, who first suffered through a PhD in economics and currently works in the financial sector in the City of London. He wrote back:

“I buy the basic point that the main problem for investment banking as for the scholastics is that – despite what would seem to be incredibly powerful incentives for the opposite to be the case – the culture of skepticism and genuine research in order to discover and continually reassess what is actually the case is remarkably underdeveloped.”

“Is not the City of London, or Wall Street, amongst other things a massive machine for generating research and knowledge on even the most far-flung parts of the world and the most esoteric economic activities? Well, yes – but also no. The more I think about it, the more I get the feeing that they are research machines in the way that scholastic universities must have been research machines: lots of resources and activities, but somehow missing the crucial ingredients, the crucial elements of the underlying philosophy, to actually make any use of it all – and to prevent egregious, and eventually ridiculous (or, as in the present case, tragic) errors.”

Here is the meta-question which all these myriad crises raise, and which is of more than passing interest to anybody in the business of analysis and research. It is a question about research, mental models, and the absence of critical questions.

It is daunting, even scary, to realise how not just a few experts, but whole communities of practitioners, with a huge supposed material interest to get things right, could get them so wrong. Of course, there were material incentives involved, and much of the story of understanding this failure must now focus on these: how it actually paid off to be wrong.

On the other hand, there was also a remarkable failure of understanding. Thus, all these stories amount to a very strong case for honest, empirical research. Thorough research, not simply opinions or commentary; research that at times might even be surprised by its own findings.

In January 2009 it is not only Gazprom managers and Russia experts but the best paid people in the most advanced economies that wake up with a terrible headache. And with the nagging question, which Eisman had asked himself before the crash: “The thing we could not figure out is: It’s so obvious. Why has not everyone else figured out that the machine is done?”

Now here is a good New Year’s resolution for anybody in the think tank business today: figuring out now what will be obvious three years later. And having the courage to state it, when nobody else does.

PS: Here are a few recent editorials I recommend, in case you missed them, while enjoying the sun on some Alpine slope: Frank Rich on wall street; Paul Krugman on The Madoff Economy; and Tom Friedman on America’s Generation X.

The Georgian crisis and EU-Russian relations

In last night’s BBC World Today programme, the Italian and Polish Foreign Ministers, Franco Frattini and Radek Sikorski, and I were interviewed on the recent crisis in Georgia and how it affects EU-Russian relations and EU foreign policy. You can listen to the full interview here:

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Gerald Knaus on the Georgian crisis. © 2008 BBC World Today. All rights reserved.

I also wrote a commentary (in German) in the Austrian Falter magazine, it’s called “Russen und Rosen” (“Russians and Roses”)

Franco FrattiniRadek Sikorski
Franco Frattini – Radek Sikorski