KAZAKHSTAN: PROCURATOR GENERAL'S OFFICE WANTS CHANGE IN

UNCLAS SECTION 01 OF 03 ALMATY 002191 SIPDIS STATE FOR INL PRAHAR, MCCOWAN AND CARROLL; EUR/ACE; SCA/CEN (J. MUDGE) SENSITIVE SIPDIS E.O. 12958: N/A TAGS: SNAR ASEC KCRM KCOR PREL KZ SUBJECT: KAZAKHSTAN: PROCURATOR GENERAL'S OFFICE WANTS CHANGE IN LAW ENFORCEMENT METHODS ALMATY 00002191 001.2 OF 003 ¶1. (SBU) Summary: INL funded a conference on improving the collection of crime statistics, organized by the Procurator General's Office in conjunction with the Customs Control Committee and the Border Guard Service. The main purpose of the conference was to improve collection of legal statistics in order to provide accurate data upon which the GOK can make management and resource allocation decisions to combat narcotics trafficking and other crimes. Participants discussed evaluation criteria for law enforcement agencies, problems connected to storage of seized narcotics, and difficulties implementing existing legislation. The interagency outcome document contained many of the issues raised during the conference and indicated a willingness of law enforcement agencies to cooperate and improve methods of work, and most importantly to jointly try to effect positive changes to existing practices. End summary. -------------- BACKGROUND -------------- ¶2. (U) In the framework of the Letter of Agreement between the Government of Kazakhstan and the U.S. Government, the Bureau on International Narcotics and Law Enforcement Affairs (INL) sponsors a series of conferences/seminars to improve the collection of crime statistics. INL programs are joint efforts with host government agencies to effect change in the various spheres of law enforcement in Kazakhstan. The INL-funded conferences are therefore organized by the Committee on Legal Statistics and Special Accounting (Statistics Committee) of the Procurator General's Office (PGO). The participants come from across the spectrum of law enforcement agencies and departments in Kazakhstan. -------------- CONFERENCE IN TARAZ -------------- ¶3. (U) On April 28, the Statistics Committee of the PGO conducted the most recent conference entitled "Present-Day Problems in Registration of Crimes and Infringements Related to Illegal Trafficking of Narcotics, Psychotropic Substances and Precursors." The conference took place in Taraz, Kazakhstan. Representatives from several law enforcement agencies took part in the conference, including the Border Guard Service of the Committee of National �0A;Security, the Customs Control Committee of the Ministry of Finance (Customs Control Committee),and the Committee on Combating Drug Trafficking and Controlling Circulation of Narcotics of the Ministry of Internal Affairs (Counter-Narcotics Committee.) Participants represented Southern and Eastern regions of Kazakhstan. Previous conferences have focused on other regions of the country. Law enforcement representatives gathered in Taraz to find solutions to problems in registration of crimes related to illegal trafficking of narcotics and precursors that arise in their everyday work. -------------- -------------- QUALITY VS QUANTITY - HOW YOU MEASURE IS WHAT YOU GET -------------- -------------- ¶4. (SBU) Presently law enforcement agencies are evaluated according to the quantity of narcotics-related cases opened. This standard encourages the (relatively) easy arrest of drug addicts instead of the more difficult task of investigating and arresting drug dealers. A number of speakers pointed out that the emphasis should be on the quality rather than quantity of detected crimes, which should also result in increased effectiveness combating narcotics. Topics that were covered at the conference varied from improvement of cooperation between customs control agencies and border guards to lack of standards for storage of seized narcotic substances. However, almost all representatives of different law enforcement structures stressed the necessity of changing the criteria for evaluation of work of law enforcement agencies. -------------- SEIZED NARCOTICS -------------- ¶5. (SBU) Conference participants raised the issue of storage of ALMATY 00002191 002.2 OF 003 seized narcotic substances. They pointed out that a lack of standards for storage of seized narcotics affects the work of many agencies and especially the accuracy of collected statistics. Participants listed the following problems: a) lack of unified procedures for labeling and wrapping of seized narcotic substances in order to maintain proper chain of custody that is necessary for the evidence to be used in prosecution of the cases; b) mistakes in forensic examination procedures of seized substances (such as examination of suspected substances without prior registration or submission of substances in damaged and/or improperly sealed wrappings which could affect the determination of the quantity or purity of the evidence); c) lack of standardized requirements regarding how to indicate the quantity of substance submitted for and remaining after forensic examination; and d) lack of a way to calculate the weight of vegetative narcotic substances to account for desiccation during storage. -------------- CURRENT LEGISLATION HINDERS CRIME DETECTION -------------- ¶6. (SBU) Representatives from divisions of the Counter-Narcotics Committee brought to the PGO's attention problems in the implementation of narcotics-related legislation that lead to a decrease in crime detection and/or falsification of documentation. As an example, they identified a legal provision regarding arrest procedures that creates difficulties in making valid arrests. Under Kazakhstani law, a witness is required to validate an arrest. They pointed out that during nighttime operations, or those occurring in sparsely populated areas, it can be very difficult to find witnesses in order to make an official record of an arrest/seizure. As a result, officers often do not make any record of arrests, or falsely state that the required number of witnesses was present. A number of speakers emphasized the need to improve existing legislation and made concrete suggestions to that effect, but not all of them made it into the outcome document of the conference. -------------- OUTCOMES -------------- ¶7. (SBU) Conference participants listed six recommendations in the final document, including an important recommendation made jointly to the Statistics Committee of the PGO and the Counter-Narcotics Committee of the MVD to change the evaluation criteria for law enforcement agencies in combating trafficking of narcotics and drug addiction. ¶8. (SBU) The Customs Control Committee and Border Guards reached an agreement to jointly develop and forward to field offices, regulations on cooperation between these two agencies during detection of illegal narcotics and other contraband prohibited for import-export. ¶9. (SBU) Participants of the conference recommended to the Counter- Narcotics Committee and Statistics Committee that the results of the law enforcement agencies on methods of storage, identification of trafficking routes, and conduct of searches should be analyzed quarterly. ¶10. (SBU) Two of the problems concerning storage of seized narcotic substances are reflected in the recommendation to the Forensic Center of the Ministry of Justice (MOJ) to develop a way to calculate the weight of vegetative substances which have dried out during long-term storage. Another recommendation to the Forensic Center together with the Statistics Committee was to support the creation of an additional segment of the quarterly report of the Statistics Committee that would contain information on the quantity of narcotics, psychotropic substances and precursors used during forensic examinations. Both recommendations aimed at keeping more accurate records of seized substances. ¶11. (SBU) Lastly, participants of the conference recommended that the Military Administration of the Statistics Committee submit proposed changes to the Administrative Code of the Republic of Kazakhstan regarding bringing military personnel to account for ALMATY 00002191 003.2 OF 003 the crimes related to the trafficking of narcotics in accordance with the standard regulations. -------------- COMMENT -------------- ¶12. (SBU) Although not all of the suggestions made it to the final Recommendations Document, those that did indicate that law enforcement officers are willing to cooperate with each other and to improve their methods of work in combating narcotics related crimes. Most attendees expressed their satisfaction with the conference and graciously welcomed the opportunity to discuss difficult questions that arise on daily basis. ORDWAY