DEFENDING
DEMOCRACY IN EXILE
Policy Responses to
Transnational Repression
to co-opt the latter and, conversely, for host governments
to build resilience and provide protection. Understanding
of transnational repression is particularly important for
government agencies that are responsible for refugee
resettlement, those processing asylum claims, and those
reviewing requests for extradition and other forms of legal
cooperation with foreign states.
While individuals are awaiting permanent legal
status, they remain within easy reach of authoritarian
governments. For example, two Russian men—Alexey Kharis
and Gregory Duralev—spent months in US detention in 2017
and 2018 after their asylum claims were derailed as a result
of Interpol notices issued by Moscow. Both men had spoken
out against corruption at home and had been accused of
financial crimes in retaliation. According to US Immigration
and Customs Enforcement (ICE) agents, the Interpol
notices constituted a violation of the men’s immigration
statuses in the United States and warranted detention, even
though the Russian government is a well-known abuser of
Interpol notices. In 2021, authorities in Thailand deported
several activists to Cambodia despite the fact that they
had been recognized as refugees by the Office of the UN
High Commissioner for Refugees and were facing politically
motivated criminal charges at home.64 An activist Cambodian
monk who also had refugee status avoided deportation
from Thailand only after international civil society groups
intervened on his behalf.65
In Sweden, Germany, and Canada, migration agencies have
access to accurate and up-to-date information on countries
of origin when assessing applications for asylum. The
availability of this information increases awareness among
migration officials about different forms of repression used
by origin states. It also helps to build resistance to extradition
or repatriation requests made by authoritarian governments.
These systems could be further strengthened by thorough
vetting procedures for any interpreters employed at the
Foreign policy is the primary vehicle
for raising the cost of transnational
repression for perpetrators.
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@FreedomHouse
agencies to ensure that they are not acting as agents of a
foreign state. Migration agency staff should also be trained
on authoritarian states’ motives and tactics for engaging in
transnational repression.
FOREIGN POLICY
Foreign policy is the primary vehicle for raising the cost of
transnational repression for perpetrators. Domestic criminal
law can be used to punish the agents who carry out acts
of transnational repression, but it is unlikely to hold the
leadership of the origin state accountable for abuses. Foreign
policy decisions can help fill this gap by imposing other
forms of penalties, which are most effective when multiple
governments coordinate their efforts.
A key tool for responding to transnational repression
is the use of targeted sanctions. The United States’
Global Magnitsky Human Rights Accountability Act and
Executive Order 13818 empower the US government to apply
targeted sanctions, such visa bans and asset freezes, against
individuals engaged in human rights abuses. The EU, Canada,
and the United Kingdom have adopted laws allowing similar
sanctions.66 In practice, Canada, the United States, the United
Kingdom, and—through their compliance with EU decisions—
Germany and Sweden have imposed targeted sanctions in
response to acts of transnational repression including the
assassination of Jamal Khashoggi by Saudi authorities, the
arrest of Raman Pratasevich by the Belarusian regime, and the
2018 poisoning of Sergei Skripal by Russian agents in Britain.
A US visa-restriction policy known as the Khashoggi Ban is
aimed at individuals who work to suppress extraterritorial
dissident activity on behalf of a foreign government, drawing
an explicit connection between transnational repression and
accountability for perpetrators. The policy was applied to a
number of Belarusian officials in 2022.67
Democratic governments have also expelled origin
states’ diplomats in response to transnational repression.
Authorities in Canada, Germany, Sweden, the United
Kingdom, and the United States, along with numerous other
countries, expelled Russian diplomats following the Skripal
poisoning. German officials have also expelled diplomats in
response to acts of transnational repression within Germany
perpetrated by the governments of Russia, Vietnam, and
#TransnationalRepression