KAZAKHSTAN: DISCUSSION OF GUANTANAMO DETAINEES

UNCLAS ALMATY 001703

SIPDIS


DEPARTMENT FOR S/WCI (WITTEN, MILLER),L/PM (AHAINES),
SCA/CEN (J. MUDGE),DOD/OGC (BEAVER),OUSD/DETAINEE POLICY
(LIOTTA),NSC (CAMPONOVO)

SENSITIVE
SIPDIS

E.O. 12958: N/A
TAGS: PTER KAWC PINR PREL KZ
SUBJECT: KAZAKHSTAN: DISCUSSION OF GUANTANAMO DETAINEES

REF: A. State 32380, B. Almaty 336


1. (SBU) Summary: Kazakhstan insists on a Mutual Legal
Assistance Treaty with the U.S. in order to accept the
return of Guantanamo detainees. The MFA is willing to meet
with U.S. experts in Astana to discuss the issue. See
request for guidance, para. 4. End summary.


2. (SBU) On May 2, Poloff met with Ualikhan S. Sanginkhanov,
Head of the MFA's Division of Europe and America, Department
of Consular Services to discuss the Kazakhstani detainees at
Guantanamo Bay. Saginkhanov expressed the GOK's position
that if the Kazakhstani detainees are guilty of a crime,
they should be tried and sentenced in a U.S. court of law.
If they are not guilty, then Kazakhstan requests the signing
of a Mutual Legal Assistance Treaty (MLAT) that would
formalize law enforcement issues including extraditions.
The detainees could then be returned to Kazakhstan under the
auspices of the MLAT.


3. (SBU) Sanginkhanov stated that the MFA would be willing
to have their experts meet with U.S. experts in Astana to
discuss the issue.


4. (SBU) Comment: Post understands that the Department of
Justice does not support the idea of concluding an MLAT with
Kazakhstan due to the low volume of judicial assistance
requests. This appears to be an attempt by the Kazakhstani
government to use the detainee situation as leverage. End
comment.


5. (U) Post requests Department guidance on responding to
the Kazakhstani position.