KAZAKHSTAN: PROCURATOR GENERAL ON HUMAN RIGHTS,

UNCLAS SECTION 01 OF 02 ALMATY 001428 SIPDIS SENSITIVE SIPDIS DEPT FOR SCA/CEN (J. MUDGE),DRL/PHD (C. KUCHTA-HELBLING) E.O. 12958: N/A TAGS: PHUM PREL KDEM KZ SUBJECT: KAZAKHSTAN: PROCURATOR GENERAL ON HUMAN RIGHTS, MEDIA ISSUES ¶1. (SBU) Summary: During a discussion with the Ambassador of the upcoming VIP visit to Astana, Procurator General Tusupbekov was receptive to the idea of working with the U.S. to ensure that there are clear guidelines for proper application of the extremism law. The Ambassador raised the use of slander and libel laws by government organs against the media, which makes Kazakhstanis afraid to speak out. Tusupbekov said that the question needed careful study, as the state had the duty to enforce the laws but should do nothing to create fear among the public. The Ambassador also called Tusupbekov's attention to two recent incidents in which the Almaty akimat had taken legal action against independent media outlets on questionable legal grounds. The Procurator General said that the GOK had changed its approach to the media following the presidential elections and was now trying to work with media outlets to ensure compliance with the law. In response to the Ambassador's query regarding results of election violation investigations, Tusupbekov promised to provide a full report. Discussion of the Sarsenbaiuly murder investigation is reported septel. End summary. -------------- Extremism Law -------------- ¶2. (SBU) In an April 17 meeting in Astana, the Ambassador reminded Procurator General Rashid Tusupbekov of serious international concerns regarding the potential for the 2005 extremism law to be misused. While the U.S. acknowledges that to date the legislation has been used only against groups that appear to have violent tendencies, the Ambassador added, we urge the Kazakhstani government to issue clear implementing guidelines to limit the potential for abuse. Tusupbekov underscored the need for the extremism legislation to counter what he described as a growing regional threat; he said that 11 groups, including Hizb'ut Tahrir, had so far been designated as extremist under the legislation. ¶3. (SBU) The Procuracy would be open to U.S. suggestions for changes to the legislation as well as proposals for implementing regulations, he said. Tusupbekov told the Ambassador that the KNB had initially been solely responsible for investigating groups suspected of extremism. In January, the rules had been changed to give a role to both the �0A;Ministry of Interior and the KNB. Tusupbekov said that Kazakhstan understood and shared the USG's concerns; for that reason, they were drafting regulations clearly defining extremist activity. The Procurator General instructed his deputy to check the status of the regulations and report back to him. -------------- Legal Action against the Media -------------- ¶4. (SBU) The use of libel and slander laws by government organs against the media is also of concern to the U.S., the Ambassador told Tusupbekov. When state agencies use these laws to take legal action against the independent media, it creates the impression of a government policy of repression and makes citizens afraid to speak out. Tusupbekov commented that the question was an interesting one, which deserved further examination. While it was not right for certain publications to attack the whole system of government, and it was important for citizens to respect the state, Tusupbekov conceded that it was not appropriate for government organs to do anything to create fear among the public. ¶5. (SBU) Two other recent cases of legal action against media outlets were also of concern, the Ambassador added. The U.S. understood that the Almaty akimat, acting on the recommendation of the Almaty procuracy, had launched legal proceedings to revoke the registration of Aina Plus (formerly Zhuma Times) and Alma Ata Info (formerly Nachnem s Ponedelnika) on the grounds that the papers' subject matter did not coincide with their registration status. This was an alarming precedent as almost any paper could be found to differ at times with its specific registration category. Tusupbekov responded that now that the presidential election campaign was over, Kazakhstani authorities were handling media matters differently. While they could not ignore violations of the law, they were making an effort to warn media outlets and encourage compliance instead of immediately filing charges. (Comment: In this case compliance would be hard to achieve; opposition newspaper Respublika has been trying for two years to change its registration status to include "political" reporting. End comment.) ALMATY 00001428 002 OF 002 -------------- Investigation of Election Violations -------------- ¶6. (SBU) The Ambassador recalled that in their phone conversation following the December 2005 presidential elections, President Nazarbayev had promised President Bush that allegations of electoral violations would be investigated and prosecuted as appropriate. The U.S. was interested to know the results of those investigations. Tusupbekov said that the CEC had invalidated election results in one area of East Kazakhstan Oblast based on reports of violations; other complaints were still under investigation. Tusupbekov agreed that Kazakhstan needed to make rapid progress on wrapping up the investigations. He instructed his staff to prepare a full report for the U.S. on election day violations. ORDWAY