KAZAKHSTAN: OPPOSITION LEADERS PREVENTED FROM TRAVELING

UNCLAS SECTION 01 OF 02 ALMATY 001561

SIPDIS

SIPDIS
SENSITIVE

DEPT FOR SCA/CEN (J.MUDGE),DRL/PHD (C. KUCHTA-HELBLING)

E.O. 12958: N/A
TAGS: PHUM PGOV KZ
SUBJECT: KAZAKHSTAN: OPPOSITION LEADERS PREVENTED FROM TRAVELING
ABROAD

REF: ALMATY 326

ALMATY 00001561 001.2 OF 002



1. (SBU) Summary: Opposition leaders Galymzhan Zhakiyanov and
Bulat Abilov were prevented from traveling to Brussels on April
24 to address the European Parliament. Authorities reportedly
claimed that Zhakiyanov's parole status required him to seek
prior approval before leaving. Zhakiyanov insists that he is
required only to inform authorities of his travel. Abilov's
departure was blocked due to criminal charges filed against him
on April 23. Abilov alleges that the charges, which relate to a
July 2005 incident in Karaganda, were filed at this late date
precisely to prevent his travel to Brussels. End summary.

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Zhakiyanov Stopped Due to Parole Status
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2. (U) Kazakhstani authorities prevented "For a Just Kazakhstan"
(FJK) leader Galymzhan Zhakiyanov and "True Ak Zhol" (TAZ) co-
chair Bulat Abilov from traveling to Brussels on April 24 to
address the European Parliament. They had also planned
subsequent stops in the UK, France, and Germany. The other
members of the delegation, TAZ co-chair Oraz Zhandosov and FJK
member Tulen Tokhtasynov, were allowed to travel.

3. (SBU) Zhakiyanov, who was released in January after serving
almost four years on politically motivated charges (reftel),
stated at an April 25 press conference that after he had checked
in and was attempting to board the flight, Border Guard officials
told him he was not allowed to leave Kazakhstan without
permission due to his parole status. He stressed during the
press conference and a subsequent April 27 briefing for western
embassies that the terms of his parole stipulate only that he is
required to inform the Ministry of Internal Affairs when
traveling, not to obtain permission. He said that he had
notified the Medeo district police office in Almaty, in writing,
on April 23 of his planned travel. At the April 27 briefing,
Zhakiyanov added that he had provided the MVD a copy of his
invitation from the European Parliament. Zhakiyanov has traveled
abroad five times, including once to the U.S. to visit his son at
UT Austin, without incident since his January 14 release.


4. (SBU) Both Zhakiyanov and well-known human rights activist
Yevgeniy Zhovtis stated during the press conference that the
authorities' decision to prevent Zhakiyanov from boarding the
flight violated Kazakhstani law. According to Zhovtis, neither
Article 179 of the Criminal Procedural Code nor the court ruling
paroling Zhakiyanov indicate that he should be placed under
administrative surveillance, which includes being subject to a
travel ban. Zhovtis cited the case of opposition journalist
Sergey Duvanov as an example, who told Pol FSN that he has
traveled abroad six times since his release on parole in May 2004
and had never been required to obtain permission beforehand.
Zhakiyanov stated during the April 27 briefing that a high-
ranking MVD official had already conceded to him that the
decision to prevent his travel had been illegal, as only a judge
can impose limitations on freedom of movement.

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Abilov Hit with New Criminal Charges
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5. (SBU) During the April 25 press conference, Abilov stated that
on April 23 he had been summoned to a Karaganda court, where he
underwent an entire day of questioning by authorities on criminal
charges of insulting and assaulting a police officer. The
charges relate to a July 2005 incident which occurred during an
FJK meeting in Karaganda. At the April 27 briefing, Abilov
explained that he had gotten into a dispute with a police officer
when the authorities attempted to disrupt FJK chairman Zharmakhan
Tuyakbay's meeting with local residents. After the incident,
Abilov said, his lawyer attempted to reach a settlement with the
police officer; he also publicly apologized. Abilov said he had
heard nothing more about the case since last summer and assumed
it was closed, until police appeared at his home last Sunday and
insisted that he travel immediately to Karaganda for questioning.


6. (SBU) After the April 23 questioning, Abilov signed an
agreement forbidding him to leave Almaty until his court date.
As a result he did not attempt to board the flight, although he
had also been invited to address the European Parliament. Abilov
alleged during the press conference that the charges were filed
at this late date in order to prevent his travel. He told
participants in the April 27 briefing that, under the terms of
the tax investigation that has been ongoing against him for
several months, he had sought and received permission from the
Financial Police to make the trip. Abilov claimed that the
decision by other Kazakhstani authorities to block his travel

ALMATY 00001561 002.2 OF 002


reflected a last-minute change of opinion once the reason for his
trip became known.

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"Not Just a Mistake"
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7. (SBU) During the April 27 embassy briefing, Zhakiyanov
stressed that the actions against himself and Abilov could not
have been accidental or the result of bad decisions by low-level
officials; they reflected a coordinated approach by the KNB, the
MVD, and the MOJ. He claimed that only someone in the
Presidential Administration could have given an order that
resulted in such coordinated action. Zhakiyanov expressed
concern that future travel by him or other opposition figures
could be banned, and said the opposition was looking at next
steps to help prevent a repeat of the problem. FJK general
secretary Tulegen Zhukeyev urged the U.S. and European embassies

SIPDIS
to engage with President Nazarbayev directly on this and other
issues related to the opposition, as no one in the GOK was "brave
enough" to tell him when problems arise.


8. (SBU) Comment: This was a severe miscalculation on the part
of Kazakhstani authorities. By preventing two well-known
opposition leaders from traveling, the GOK not only opened itself
to charges of violating international human rights standards, it
also drew more attention to the planned trip than it would have
otherwise received. While post sees no evidence to support
Zhakiyanov's assertion that there was a high-level GOK decision,
there clearly seems to have been a coordinated effort at some
level to prevent Zhakiyanov and Abilov from addressing the
European Parliament. The Ambassador raised our concerns with FM
Tokayev during an April 26 meeting; post will continue to seek
assurances that the freedom of movement of political activists
will not be limited without just cause. End comment.

ORDWAY