Identifier
Created
Classification
Origin
06ALMATY1428
2006-04-19 13:18:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
US Office Almaty
Cable title:  

KAZAKHSTAN: PROCURATOR GENERAL ON HUMAN RIGHTS,

Tags:  PHUM PREL KDEM KZ 
pdf how-to read a cable
VZCZCXRO7840
PP RUEHDBU RUEHLN RUEHVK RUEHYG
DE RUEHTA #1428/01 1091318
ZNR UUUUU ZZH
P 191318Z APR 06
FM AMEMBASSY ALMATY
TO RUEHC/SECSTATE WASHDC PRIORITY 4990
INFO RUCNCIS/CIS COLLECTIVE PRIORITY
RUEHVEN/USMISSION USOSCE PRIORITY 1552
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


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
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