KAZAKHSTAN: SARSENBAIULY MURDER TRIAL TO BEGIN

C O N F I D E N T I A L SECTION 01 OF 02 ALMATY 002069 SIPDIS SIPDIS DEPT FOR SCA/CEN (J. MUDGE),DRL/PHD (C. KUCHTA-HELBLING) E.O. 12958: DECL: 06/12/2016 TAGS: PHUM PGOV KZ SUBJECT: KAZAKHSTAN: SARSENBAIULY MURDER TRIAL TO BEGIN JUNE 14 Classified By: Pol-Econ Chief Deborah Mennuti, reasons 1.4 (B) and (D). ¶1. (C) Summary: The trial of the ten individuals accused in the murder of opposition politician Altynbek Sarsenbaiuly and his two associates will begin June 14 in a small town several hours' drive from Almaty. The victims' families and political associates allege that Kazakhstani authorities are seeking to minimize public access to the proceedings. In a countermove, the "For a Just Kazakshtan" opposition movement will hold a public hearing in Almaty on June 13 to focus public attention on the case and what they see as the investigators' shortcomings. Meanwhile, the FBI's role in assisting the investigation has dwindled as a result of the Ministry of Interior's apparent lack of interest in administering additional polygraph tests to the primary suspects. End summary. -------------- Trial in Taldykorgan -------------- ¶2. (U) The trial of the ten individuals accused in the February 11 kidnapping and murder of prominent opposition politician Altynbek Sarsenbaiuly and his associates Baurzhan Bekbosyn and Anatoliy Zhurablyov will begin on June 14. The trial will be held in Taldykorgan, the capital of the Almatinskaya Oblast, approximately 265 km from Almaty. The Supreme Court ruled that the trial should take place in the oblast where the murders were committed and the bodies were found, rather than in Almaty where the victims were abducted. ¶3. (SBU) The victims' families have appealed the Supreme Court's ruling, alleging that holding the trial so far from where the victims' relatives reside unfairly disadvantages them. There is widespread speculation that the authorities chose Taldykorgan over Almaty in large part to minimize public participation in what is formally an open trial. "For a Just Kazakhstan" (FJK) Marzhan Aspandiyarova told Pol-Econ chief on June 12 that the courtroom in Taldykorgan can seat only 20-25 people, including the ten accused and their lawyers and guards, leaving room for only a handful of observers. Authorities have reportedly promised to set up a video monitor in an adjoining room that seats 10 to 15. -------------- Public Hearing in Almaty -------------- ¶4. (C) FJK is organizing a public hearing in Almaty on June 13 to discuss the case. FJK chairman Zharmakhan Tuyakbay, noted human rights defender Yevgeniy Zhovtis, former DCK leader Peter Svoik, and Sarsenbaiuly's brother Rysbek Sarsenbaiuly are scheduled to speak. Aspandiyarova said that FJK had invited a wide range of Kazakhstani government representatives, including from the MVD, the KNB, and parliament. They also invited First Deputy FM Rakhat Aliyev, who figures prominently in public speculation about the crime, and his wife Dariga Nazarbayeva. Aspandiyarova said the event had been organized "as a chance to say what we will not be able to say in court," as the opposition expects the trial to move forward quickly along rigid guidelines. Sarsenbaiuly's brother Rysbek is expected to discuss the role of President Nazarbayev and his family in the crime and the aftermath. -------------- Status of FBI Participation -------------- ¶5. (C) Legatt briefed Vice Minister of Internal Affairs Kasymov on the the results of the FBI's March 13 polygraph tests of Yerzhan Utembayev and Rustam Ibragimov in late April. Legatt informed Kasymov that based on the polygraph results and subsequent interrogations, the FBI believes it is very likely that additional individual(s) were involved in directing Utembayev and/or Ibragimov in conducting the murders. The FBI recommended that Utembayev and Ibragimov be polygraphed again. There was no response to the briefing or the recommendations until June 6, when Kasymov informed Legatt that the accused had been moved to Taldykorgan that day and were not available for interviews. Legat was also informed that it was unlikely the accused would consent to another polygraph at this time. ¶6. (SBU) Comment: After a quiet period when the accused were given time to familiarize themselves with the case against ALMATY 00002069 002 OF 002 them, the Sarsenbaiuly murder trial is clearly heating up. Post will send observers to the June 13 hearing in Almaty and the June 14 opening of the trial in Taldykorgan. In anticipation of media questions regarding the FBI's role in the investigation and assessment of the results, post will also draft updated press guidance in coordination with the Department. End comment. ORDWAY