Identifier
Created
Classification
Origin
06ALMATY1759
2006-05-18 01:14:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
US Office Almaty
Cable title:
KAZAKHSTAN: REGIONAL OPPOSITION ACTIVIST SENTENCED TO
how-toVZCZCXRO8761 RR RUEHDBU RUEHLN RUEHVK RUEHYG DE RUEHTA #1759 1380114 ZNR UUUUU ZZH R 180114Z MAY 06 FM AMEMBASSY ALMATY TO RUEHC/SECSTATE WASHDC 5352 INFO RUCNCIS/CIS COLLECTIVE RUEHAST/USOFFICE ASTANA RUEHVEN/USMISSION USOSCE 1577
UNCLAS ALMATY 001759
SIPDIS
SIPDIS
SENSITIVE
DEPT FOR SCA/CEN (J.MUDGE),DRL/PHD (C. KUCHTA-HELBLING)
E.O. 12958: N/A
TAGS: PHUM PGOV KDEM KZ
SUBJECT: KAZAKHSTAN: REGIONAL OPPOSITION ACTIVIST SENTENCED TO
FIVE YEARS IN PRISON
REF: 05 Almaty 4281
UNCLAS ALMATY 001759
SIPDIS
SIPDIS
SENSITIVE
DEPT FOR SCA/CEN (J.MUDGE),DRL/PHD (C. KUCHTA-HELBLING)
E.O. 12958: N/A
TAGS: PHUM PGOV KDEM KZ
SUBJECT: KAZAKHSTAN: REGIONAL OPPOSITION ACTIVIST SENTENCED TO
FIVE YEARS IN PRISON
REF: 05 Almaty 4281
1. (SBU) Summary: An activist from the "For a Just Kazakhstan"
(FJK) movement has been sentenced to five years in jail for
allegedly ordering others to burn Nazarbayev campaign billboards.
FJK leaders claim the charges were trumped up in order to justify
statements by law enforcement authorities during the presidential
election campaign regarding the possibility of unrest. The OSCE
monitored portions of the trial and came away with the impression
that the prosecution's case was relatively weak. The defendant
dismissed his defense team midway through the trial in an
apparent effort to obtain leniency. End summary.
2. (U) On May 15, "For a Just Kazakhstan" activist Alibek
Zhumabayev was sentenced to five years in jail by the Taraz City
Court on charges of organizing mass disorder. When arrested on
November 28, Zhumabayev initially faced charged of hooliganism
and insulting the honor and dignity of the president. The
charges were based on allegations by Taraz resident Rakhmetov
that Zhumabayev had ordered him to burn Nazarbayev campaign
billboards. In January, the procuracy filed the additional
charge of organizing mass disorder based on allegations that
Zhumabayev had spoken of "stirring up a revolution." The latter
charge carries a maximum sentence of ten years.
3. (SBU) FJK activist Marzhan Aspandiyarova told POEC chief that
the opposition believed that the additional charges had been
filed in order to prevent Zhumabayev from benefiting from the
general amnesty that came into force on January 9.
Aspandiyarova, who participated in Zhumabayev's defense team,
said that the defendant had told her he was the victim of a
provocation. Rakhmetov, who she claimed was a long-time
collaborator with the Taraz KNB, had come to Zhumabayev and said
"publishing campaign literature will have no effect. We need to
be ready to seize the akimat if Tuyakbay loses. Say the word and
I will mobilize the people." According to Aspandiyarova,
Zhumabayev vehemently rejected any actions that would violate the
law. She emphasized that Zhumabayev was an honest local
businessman who only became involved in politics recently out of
frustration with the level of corruption in Kazakhstan.
4. (U) A May 16 FJK press release alleged that Zhumabayev was set
up and prosecuted in order to justify the November statements by
then KNB chief Dutbayev and Minister of Internal Affairs
Mukhamedzhanov regarding the possibility of unrest (reftel). FJK
claimed that there was no physical evidence that any illegal acts
were committed. They also claimed that local authorities offered
to drop the charges against Zhumabayev if he would implicate FJK
leaders Zharmakhan Tuyakbay and Tolen Tokhtasynov in efforts to
organize mass disorder.
5. (SBU) The OSCE monitored portions of the trial, which began
March 22. Although no report was issued, one OSCE observer told
POEC chief that the prosecution's case appeared quite weak. The
procuracy initially said that the akimat was the victim of
Zhumabayev's actions, as it had paid for the Nazarbayev campaign
billboards. When the defense team pointed out that this was a
violation of the electoral law, the procuracy then said that the
victim was the owner of the billboards. According to the OSCE
observer, in that scenario it was not clear why Zhumabayev was
charged with a crime rather than civil charges for material
damages. Many of Zhumabayev's relatives and supporters expressed
concern to the OSCE regarding what they described as trumped up
charges, as well as the judge's refusal to release Zhumabayev on
bail before the trial.
6. (SBU) On April 14, Zhumabayev dismissed his defense team and
declined to participate any further in the hearings. Galymzhan
Zhakiyanov told POEC chief on April 19 that Zhumabayev was likely
hoping for more lenient treatment in return for lowering the
political profile of the case.
7. (SBU) Comment: Five years is a surprisingly harsh sentence in
a case where the charges were based primarily on witness
testimony rather than evidence of illegal actions. Post will
continue to follow the case closely as the appeal proceeds. End
comment.
ORDWAY
SIPDIS
SIPDIS
SENSITIVE
DEPT FOR SCA/CEN (J.MUDGE),DRL/PHD (C. KUCHTA-HELBLING)
E.O. 12958: N/A
TAGS: PHUM PGOV KDEM KZ
SUBJECT: KAZAKHSTAN: REGIONAL OPPOSITION ACTIVIST SENTENCED TO
FIVE YEARS IN PRISON
REF: 05 Almaty 4281
1. (SBU) Summary: An activist from the "For a Just Kazakhstan"
(FJK) movement has been sentenced to five years in jail for
allegedly ordering others to burn Nazarbayev campaign billboards.
FJK leaders claim the charges were trumped up in order to justify
statements by law enforcement authorities during the presidential
election campaign regarding the possibility of unrest. The OSCE
monitored portions of the trial and came away with the impression
that the prosecution's case was relatively weak. The defendant
dismissed his defense team midway through the trial in an
apparent effort to obtain leniency. End summary.
2. (U) On May 15, "For a Just Kazakhstan" activist Alibek
Zhumabayev was sentenced to five years in jail by the Taraz City
Court on charges of organizing mass disorder. When arrested on
November 28, Zhumabayev initially faced charged of hooliganism
and insulting the honor and dignity of the president. The
charges were based on allegations by Taraz resident Rakhmetov
that Zhumabayev had ordered him to burn Nazarbayev campaign
billboards. In January, the procuracy filed the additional
charge of organizing mass disorder based on allegations that
Zhumabayev had spoken of "stirring up a revolution." The latter
charge carries a maximum sentence of ten years.
3. (SBU) FJK activist Marzhan Aspandiyarova told POEC chief that
the opposition believed that the additional charges had been
filed in order to prevent Zhumabayev from benefiting from the
general amnesty that came into force on January 9.
Aspandiyarova, who participated in Zhumabayev's defense team,
said that the defendant had told her he was the victim of a
provocation. Rakhmetov, who she claimed was a long-time
collaborator with the Taraz KNB, had come to Zhumabayev and said
"publishing campaign literature will have no effect. We need to
be ready to seize the akimat if Tuyakbay loses. Say the word and
I will mobilize the people." According to Aspandiyarova,
Zhumabayev vehemently rejected any actions that would violate the
law. She emphasized that Zhumabayev was an honest local
businessman who only became involved in politics recently out of
frustration with the level of corruption in Kazakhstan.
4. (U) A May 16 FJK press release alleged that Zhumabayev was set
up and prosecuted in order to justify the November statements by
then KNB chief Dutbayev and Minister of Internal Affairs
Mukhamedzhanov regarding the possibility of unrest (reftel). FJK
claimed that there was no physical evidence that any illegal acts
were committed. They also claimed that local authorities offered
to drop the charges against Zhumabayev if he would implicate FJK
leaders Zharmakhan Tuyakbay and Tolen Tokhtasynov in efforts to
organize mass disorder.
5. (SBU) The OSCE monitored portions of the trial, which began
March 22. Although no report was issued, one OSCE observer told
POEC chief that the prosecution's case appeared quite weak. The
procuracy initially said that the akimat was the victim of
Zhumabayev's actions, as it had paid for the Nazarbayev campaign
billboards. When the defense team pointed out that this was a
violation of the electoral law, the procuracy then said that the
victim was the owner of the billboards. According to the OSCE
observer, in that scenario it was not clear why Zhumabayev was
charged with a crime rather than civil charges for material
damages. Many of Zhumabayev's relatives and supporters expressed
concern to the OSCE regarding what they described as trumped up
charges, as well as the judge's refusal to release Zhumabayev on
bail before the trial.
6. (SBU) On April 14, Zhumabayev dismissed his defense team and
declined to participate any further in the hearings. Galymzhan
Zhakiyanov told POEC chief on April 19 that Zhumabayev was likely
hoping for more lenient treatment in return for lowering the
political profile of the case.
7. (SBU) Comment: Five years is a surprisingly harsh sentence in
a case where the charges were based primarily on witness
testimony rather than evidence of illegal actions. Post will
continue to follow the case closely as the appeal proceeds. End
comment.
ORDWAY