[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[S. Res. 179 Introduced in Senate (IS)]
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118th CONGRESS
1st Session
S. RES. 179
Condemning the wrongful detainment of United States citizens and
residents by the Russian Federation, and for other purposes.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
April 27, 2023
Mr. Graham (for himself, Mr. Wicker, Mr. Blumenthal, Mr. Whitehouse,
Mr. Coons, Mrs. Capito, and Ms. Murkowski) submitted the following
resolution; which was referred to the Committee on Foreign Relations
_______________________________________________________________________
RESOLUTION
Condemning the wrongful detainment of United States citizens and
residents by the Russian Federation, and for other purposes.
Whereas the Constitution of the Russian Federation guarantees the right to
assemble, freedom from censorship, and the freedom of speech and thought
to its citizens;
Whereas, under the leadership of President Vladimir Putin, the Government of the
Russian Federation has failed to protect these ideals and has used the
power of the state to diminish the rights of Russians and others within
its borders and across the territories Russia unlawfully occupies;
Whereas President Putin's regime has used the power of the state to unlawfully
detain individuals committed to fighting corruption within the Russian
Federation;
Whereas President Putin's regime has unjustly targeted and detained individuals
such as Sergei Magnitsky, who provided evidence that $230,000,000 had
been stolen from the Russian treasury by senior Russian officials;
Whereas Sergei Magnitsky died at the age of 37 after being denied critical
medical care while being unjustly detained in inhuman conditions;
Whereas President Putin's regime also utilizes the power of the state to target
political opponents and repress freedom of speech, thought, and
expression;
Whereas Alexey Navalny, a Russian opposition leader and vocal critic of
President Putin, has been unjustly detained and subject to poisoning by
the Kremlin;
Whereas the Putin regime has also used its power to unjustly detain citizens of
the United States;
Whereas United States citizen Paul Whelan is currently serving a 16-year prison
sentence after being wrongfully detained by the Russian Federation for
espionage;
Whereas, following Paul Whelan's conviction on June 15, 2020, the Department of
State released a statement demanding his immediate release, and this
statement continues to be ignored by the Government of the Russian
Federation;
Whereas, on April 12, 2022, United States resident Vladimir Kara-Murza was
arrested for condemning Russia's war in Ukraine and was charged with
``spreading deliberately false information'' about the Armed Forces of
Russia, which was criminalized under a Russian law passed after the
full-scale invasion of Ukraine;
Whereas, on April 17, 2023, Vladimir Kara-Murza was convicted of treason and
sentenced to 25 years in prison;
Whereas additional United States citizens continue to be detained in Russia for
unjust cause, including American journalist Evan Gershkovich;
Whereas wrongful detention, as defined in section 302 of the Robert Levinson
Hostage Recovery and Hostage-Taking Accountability Act (22 U.S.C. 1741)
and Department of State guidance, covers the detention of United States
nationals, including lawful permanent residents (LPRs);
Whereas, under section 302 of the Robert Levinson Hostage Recovery and Hostage-
Taking Accountability Act (22 U.S.C. 1741), the Secretary of State is
required to review the cases of United States nationals detained abroad
to determine if there is credible information that they are being
detained unlawfully or wrongfully and if this determination is made, the
Secretary is required to transfer responsibility for such case from the
Bureau of Consular Affairs of the Department of State to the Office of
the Special Presidential Envoy for Hostage Affairs (SPEHA);
Whereas a referral to SPEHA, pursuant to Executive Order No. 14078 (relating to
Bolstering Efforts To Bring Hostages and Wrongfully Detained United
States Nationals Home), allows SPEHA to utilize additional tools not
regularly available in order to deter and disrupt hostage-taking and
wrongful detentions by imposing costs on terrorist organizations,
criminal groups, and other malicious actors who take hostages for
financial, political, or other gains and thus threaten the integrity of
the international political system and the safety of United States
nationals and other persons abroad;
Whereas, on April 17, 2023, United States Ambassador to the Russian Federation
Lynne Tracy stated, ``The right to have political opinions, or to
disagree with the decisions of one's own government, are fundamental
freedoms enshrined in both the Russian constitution and international
treaties to which Russia is a party.'';
Whereas the Government of the Russian Federation, under the leadership of
President Putin, has clearly failed to uphold the values guaranteed in
the Russian constitution and the international treaties the Russian
Federation is party to;
Whereas the actions of President Putin's regime, including illegal detainments,
military operations against sovereign nation states, and attacks on
political opponents, constitute acts of international terrorism;
Whereas, under chapter 113B of title 18, United States Code, the term
``international terrorism'' means activities that involve violent acts
or acts dangerous to human life that are a violation of the criminal
laws of the United States or of any State, or that would be a criminal
violation if committed within the jurisdiction of the United States or
of any State, and appear to be intended--
(1) to intimidate or coerce a civilian population;
(2) to influence the policy of a government by intimidation or
coercion; or
(3) to affect the conduct of a government by mass destruction,
assassination, or kidnapping;
Whereas, at a minimum, the Government of the Russian Federation's treatment of
detained Americans, Russian citizens, and others through inhuman prison
conditions, including the lack of medical care, and the lack of due
process constitutes a danger to human life which would be a criminal
violation in the United States and is clearly intended to intimidate or
coerce the free exercise of rights available to individuals in the
Russian Federation; and
Whereas United States law authorizes the designation of countries that have
repeatedly provided support for acts of international terrorism as state
sponsors of terrorism: Now, therefore, be it
Resolved, That the Senate--
(1) calls on the United States Government to designate
Vladimir Kara-Murza as wrongfully detained under United States
law;
(2) condemns the wrongful detainment of all United States
citizens and residents by the Government of the Russian
Federation and demands their immediate release from such
detention;
(3) stands with the people of Russia in their desire to
exercise freedom of speech and expression, without retaliation
by an oppressive regime;
(4) demands that the Russian leadership be held accountable
for their inhumane and unjust actions against their own
citizens who want nothing less than to be represented by a fair
and just government; and
(5) calls on the United States Government to immediately
designate the Russian Federation as a state sponsor of
terrorism under United States law.
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