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