Identifier
Created
Classification
Origin
05ALMATY3861
2005-10-23 08:33:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
US Office Almaty
Cable title:  

KAZAKHSTAN: PRESIDENTIAL ELECTION ROUNDUP,

Tags:  PGOV KZ POLITICAL 
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This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS ALMATY 003861 

SIPDIS


SENSITIVE

E.O. 12958: N/A
TAGS: PGOV KZ POLITICAL
SUBJECT: KAZAKHSTAN: PRESIDENTIAL ELECTION ROUNDUP,
OCTOBER 21

REF: State 3790

UNCLAS ALMATY 003861

SIPDIS


SENSITIVE

E.O. 12958: N/A
TAGS: PGOV KZ POLITICAL
SUBJECT: KAZAKHSTAN: PRESIDENTIAL ELECTION ROUNDUP,
OCTOBER 21

REF: State 3790


1. (U) This is the fifth in a series of weekly election
roundups, in advance of Kazakhstan's December 4, 2005
presidential elections. Items were drawn primarily from
the local press and media.

CEC in Action
--------------


2. (U) As of October 21, three candidates - Nazarbayev,
Tuyakbay, and leader of the Tagibat environmental movement
Mels Eleusizov - had been officially registered by the
CEC. One additional candidate, Karishal Asan, withdrew
from the race. Five other potential candidates -
Abylkasymov, Baimenov, Oten, Kaisarov and Tleulesov - are
still collecting signatures.


3. (U) On October 14, the CEC held a round-table
discussion with political parties, public organizations,
local and international NGOs to discuss transparency of
the elections and observation. The CEC gave a detailed
description of the procedures for observation during the
election campaign and voting. According to the CEC, a
number of shortcomings of previous elections have been
addressed: representatives of candidates and their parties
are free to observe any election commission at any level,
including hospitals, military units and prisons; observers
can ride in the vehicles that carry ballot boxes to voters
who have the right to vote at home (sick, elderly people);
observers can take pictures and tape any discussions at
election commissions and use those in complaints of
violations by election commissions. The discussion
following the CEC briefing turned into a dispute between
pro-presidential and opposition groups. CEC secretary
Vladimir Foos characterized demands by the opposition that
election commissions be reformed and that electoral
legislation be amended as an attempt to disrupt the
upcoming elections.


4. (U) As a follow-up to the roundtable, the CEC held a
workshop for regional election commissions on October 17
to equip them with guidelines on cooperation with
observers. The CEC recognized the importance of the
cooperation of all election commissions with observers in
ensuring the transparency of elections. The CEC announced
that centers to support observers would be set up to
promote such cooperation in all the 16 regions of
Kazakhstan.


5. (U) On October 19, the CEC issued a statement spelling
out responsibilities of the local government, election
commissions and voters in ensuring the accuracy of voter
lists. According to the CEC, voter lists are to be

compiled by local administrations using information
provided by the Ministry of Justice. If a voter notifies
local authorities at least 30 days before election day
that he will be away from his place of registry on
December 4, then the administration will put his name on
an appropriate voters' list. If a voter notifies his
local electoral commission 15 days before the election
that he will be away, the commission will give him an
absentee permit, allowing him to vote in a different
place. If a person fails to find his name on the voter
list on election day, he can prove his right to vote by
providing a resident registration book. Voter lists will
be posted in precinct election commission offices 15 days
before the election date, i.e. from November 18 to
December 3.


6. (U) The CEC also determined the media outlets that will
carry candidates' campaign ads paid by the government:
Kazakhstan TV, Kazakh radio, and two official newspapers,
the Kazakh language "Yegemen Kazakhstan" and Russian
language "Kazakhstanskaya Pravda." All candidates are to
receive equal time, space and terms.

OSCE Observers
--------------


7. (U) During an October 18 press conference, chief of the
OSCE observer mission Ambassador Audrey Glover refuted the
CEC's criticism of the OSCE's observation methods
(reftel). Ambassador Glover underscored the absolute
impartiality of her mission and readiness to deliver an


objective assessment of the elections. She explained that
OSCE/ODIHR observers would watch the registration process;
the work of election commissions and local governments at
all levels; election campaigning, including freedom of
speech and assembly and equal media coverage of the
candidates' campaigns; the application of e-voting; and
the way that complaints and protests are addressed.


8. (U) According to Ambassador Glover, Kazakhstan failed
to implement recommendations on improvement of election
legislation made by the OSCE experts after last year's
parliamentary elections. To make matters worse, Glover
noted, Kazakhstan passed two laws with a negative impact
on the freedom of assembly. She added that if the CEC
adheres to the commitments outlined in its October 11
statement, however, that would address some of the OSCE's
recommendations.

State Media Pledge Objectivity
--------------


9. (U) On the eve of the October 25 start of election
campaigning, the heads of leading state media outlets
issued a statement in support of the CEC's statement on
fair and transparent elections. They reiterated their
commitment, first announced in the September 28 media
charter for fair elections, to provide equal terms for
coverage of all candidates' election campaigns. In
addition to the government-funded time and space for
candidates to present their programs, they can purchase
additional time and space at their own expense. Election
campaigns would also be covered by media in their news
reports. The media chiefs unanimously rejected "dirty"
campaign methods and libel.

Mazhilis on Elections
--------------


10. (U) On October 19, the Otan parliamentary faction
introduced a draft appeal to the people of Kazakhstan,
leaders of the government, political parties, public
organizations and candidates for President to hold fair
and open elections. The statement is expected to be
approved by the Mazhilis.


11. (U) At the October 19 plenary meeting of the Mazhilis,
Yerasyl Abylkasymov accused opposition leader Tuyakbay of
trying to stage a violent seizure of power under the
guidance of "black ravens and vultures from overseas." He
demanded that the Parliament hold a closed meeting with
law enforcement representatives to discuss what he called
the opposition's intent to stage a
"color" revolution. The motion did not pass, however, as
most of his colleagues dismissed his statement as an act
of illegal election campaigning.

Procuracy Issues an Additional Warning
--------------


12. (U) On October 17, FJK published a letter from the
General Procuracy responding to their inquiry on the
Giffen case. The Procuracy warned the opposition about
the penalty for insulting a Presidential candidate's
dignity and honor (par. 7, article 27 of the election
law),along with the penalty for insulting the honor and
dignity of the President under article 318 of the Criminal
Code.

Baimenov's Headquarters Criticizes Khabar TV Channel
-------------- --------------


13. (U) Candidate Alikhan Baimenov's campaign headquarters
criticized the procedure by which the Khabar TV channel
plans to broadcast candidates' campaign materials.
According to campaign head Lyudmila Zhulanova, Khabar
notified Ak Zhol that it would begin accepting campaign
materials only on October 26 and that they would not be
broadcast for three more days. Zhulanova complained that
as the election campaign starts on October 25, candidates
will lose four days. In addition, Khabar announced that
campaign ads must be between 30 seconds and a minute long.
One minute of air time will cost $10,000, which Zhulanova
complained was too expensive. Khabar has also decided
that campaign ads will not be shown during prime time,
from 20:00 to 22:00.


Opposition Leaders Fined for Unsanctioned Rally
-------------- --


14. (U) Opposition leaders Tolen Tokhtasynov, Amirzhan
Kosanov, Gulzhan Yergaliyeva, Bulat Abilov and Oraz
Dzhandosov were charged with administrative violations for
organizing unsanctioned rally in Almaty on October 8
(reftel). On October 12, the Almaty Administrative Court
found Tokhtasynov guilty and fined him 50,000 tenge
($375). On October 14, Kosanov was fined 10,000 tenge
($75). On October 17, Yergaliyeva was fined 15,000 tenge
($112). Abilov was detained following a press conference
and escorted to the Almaty Administrative Court by police
on October 17; he was fined 50,000 tenge ($375). On
October 18, Dzhandosov was fined 20,000 tenge ($150).

Procuracy Warns against Reading Opposition Press
-------------- ---


15. (U) According to an FJK press release, on October 14
in the village of Pavlovka in Akmola Oblast, a local
police superintendent officer detained three
schoolteachers, Temirtas Akhmetov, Amanzhol Sarshal and
Beybitkhan Mautay, and escorted them to the district
prosecutor's office. The grounds for the detention was
reportedly the fact that Akhmetov and his wife shared the
opposition press with their colleagues. The school
principal and his deputy were also present in the
procurator's office when the prosecutor indicated that
Akhmetov could lose his job because his educational
background was inappropriate.

Svoboda Slova Seized, Tuyakbay Briefly Detained
-------------- --


16. (SBU) At 7:00 am on October 19, the police seized
50,000 copies of the opposition "Svoboda Slova" ("Freedom
of Speech") newspaper, or half the total print run, from
the Dauir printing house in Almaty. They were acting on
the basis of a decision signed by the head of the Almaty
election commission, Daulet Baydeldinov, which charged
editor-in-chief (and DCK activist) Gulzhan Yergaliyeva
with insulting President Nazarbayev's dignity and honor.
In the editorial, entitled "Just a Dictator," Yergaliyeva
referred to Andrea Koppel's October 13 question to
Nazarbayev: "Why do they call you a common dictator? Is
it true that your children put the economy and mass media
of the country under their control?" Yergaliyeva wrote
that because Nazarbayev responded that Khabar is a state
company and Dariga does not own it, and that his second
daughter is not involved in business, he had misinformed
the media. She then enumerated the media companies that
Dariga reportedly owns, including Khabar, El Arna, Caspian
Net, Eurasia, and several satellite stations. Yergaliyeva
also alleged that second daughter Dinara and her husband
Timur Kulibayev own a controlling interest in Halyk Bank.


17. (SBU) At the request of the Svoboda Slova editorial
staff, POEC and PA FSNs went to the Dauir printing house
at 12:30 on October 19 to observe the scene when police
arrived to seize the other 50,000 copies of the paper.
Three minivans loaded with copies of the paper left for
For a Just Kazakhstan (FJK) headquarters. The road police
followed the vehicles and managed to stop the last van
near FJK headquarters. While the driver argued with the
police, FJK staff arrived and carried away the papers.


18. (SBU) At approximately 15:00, the police arrested
five journalists who were outside FJK headquarters and
took them to the local police precinct. The journalists
were from Svoboda Slova, the Internet publication Stan.kz
(two individuals),the Zhuma Times newspaper, and the Soz-
Respublika newspaper. The police seized the journalists'
videotapes; after two hours they were released with no
charges filed.


19. (SBU) At 17:00, FJK leaders contacted post to say
that police were gathering around their headquarters and
it appeared they intended to storm the building to seize
the remaining papers. When POEC chief and POEC FSN
arrived, road police detained FJK presidential candidate
Zharmakhan Tuyakbay and his security escorts on the side
of the road and searched their vehicles. When asked the
legal grounds for the search, the police replied that they


have the right to search any vehicle. A crowd of media,
foreign observers (OSCE, EU, U.S.),FJK activists, and
curious passersby quickly gathered, at which point the
police allowed Tuyakbay and his security escort to depart.


20. (SBU) On October 20, the road police stopped and
searched the car in which Altynbek Sarsenbayev, a co-
chairman of the opposition True Ak Zhol party, was leaving
the FJK office. The police were allegedly looking for
explosives. The same day, police detained the editor-in-
chief of the opposition Pravda Kazakhstana newspaper,
Amantay Akhetov, as he was leaving the office of FJK.
When Akhetov refused to open his bag (containing several
copies Svoboda Slova),the police took him to the precinct
police office. He was released after surrendering his
copies of Svoboda Slova.


21. (SBU) In an October 21 ruling, the Almaty
administrative court confirmed the order of the Almaty
electoral commission regarding the seizure of Svoboda
Slova. The court ordered that all copies be destroyed.
The OSCE-ODIHR observation mission is still reviewing
Kazakhstani electoral legislation, but at this point
believes that the electoral commission had no authority to
order the seizure and so the police action on Wednesday
was extrajudicial. The October 21 court decision is
therefore seen as an ex post facto justification.

Opposition Web Sites Blocked
--------------


22. (SBU) The well-known opposition Internet newspaper
"Navigator" has lost its site (navi.kz) following the
trademark registration of its name by a person who shares
a business address with the Khabar state TV channel. On
October 13, KazNic, the administrator of .kz domain names,
informed Navigator that its domain name had been suspended
based on an October 12 ruling of the Almalinskiy district
court of Almaty. Navigator representatives say that they
were not notified of the court hearing. KazNic
representatives told the press that an individual named
Sergey Bondartsev, the head of "Bond Creative Consulting
Ltd.," created a clone of the Navigator newspaper
registered the Navigator and Navi trademarks in September.
Bondartsev reportedly listed his business address as 13
Republic Square, the same building as the Khabar state TV
channel. On the basis of the trademarks, the court
ordered KazNic to shut down any domains using variations
of Navigator or Navi. The publication can now be seen at
www.mizinov.net. Post has been told that the new site has
been blocked within Kazakhstan for one month while
bailiffs monitor it for "further trademark violations."


23. (U) On October 12, the Kakhar youth group was also
informed that the Almalinskiy district court in Almaty had
issued an order blocking access to the group's
www.kakhar.org site. The ruling also prohibited the group
from using the name "Kakhar," as it has been registered by
the same Bond Creative Consulting Ltd.

ORDWAY


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