Identifier
Created
Classification
Origin
06ALMATY2191
2006-06-21 08:45:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
US Office Almaty
Cable title:
KAZAKHSTAN: PROCURATOR GENERAL'S OFFICE WANTS CHANGE IN
how-toVZCZCXRO5818 RR RUEHDBU RUEHLN RUEHVK RUEHYG DE RUEHTA #2191/01 1720845 ZNR UUUUU ZZH R 210845Z JUN 06 FM AMEMBASSY ALMATY TO RUEHC/SECSTATE WASHDC 5841 INFO RUCNCIS/CIS COLLECTIVE RHMFISS/HQ USEUCOM VAIHINGEN GE//ECJ5// RUEKDIA/DIA WASHINGTON DC//DHO-2// RHMFISS/HQ USCENTCOM MACDILL AFB FL//CCJ5// RUEKJCS/SECDEF WASHINGTON DC//USDP EURASIA// RUEKJCS/SECDEF WASHINGTON DC//USDP-SOLIC-CN// RUEATRS/DEPT OF TREASURY WASHDC//IET// RUEAWJA/DEPT OF JUSTICE WASHDC RUEHAST/USOFFICE ASTANA
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
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
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
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
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