KAZAKHSTAN: ZHAKIYANOV RELEASE DELAYED

UNCLAS ALMATY 000023 SIPDIS DEPARTMENT FOR EUR/CACEN (JMUDGE),DRL/PHD (C. KUCHTA- HELBLING) SENSITIVE E.O. 12958: N/A TAGS: PGOV PHUM KZ POLITICAL SUBJECT: KAZAKHSTAN: ZHAKIYANOV RELEASE DELAYED REF: A. ALMATY 4076, B. ALMATY 4171 ¶1. (SBU) Summary: A local procurator in Pavlodar has blocked the release of jailed opposition leader Galymzhan Zhakiyanov, who had been scheduled for parole on December ¶24. A court will consider the case on January 10. The move has raised concerns that the GOK may have reversed its decision to release Zhakiyanov. In a conversation with the Ambassador, the Chairman of the Security Council reaffirmed the GOK's earlier decision; his comments gave reason to believe that the GOK might impose additional conditions on Zhakiyanov once released, however. End summary. ¶2. (U) On December 21, three days before jailed Democratic Choice of Kazakhstan (DCK) leader Galymzhan Zhakiyanov was expected to be granted conditional early release, a local procurator filed a motion blocking the release. The Pavlodar "special procurator for oversight of legality in correctional facilities" filed a protest against the Ekibastuz city court's December 14 decision to release Zhakiyanov. The protest was based on the fact that at the time of the decision, Zhakiyanov had a "violation" on his record that had not expired or been overturned. The procurator also noted that Article 70 of the Criminal Code gives the court the right to impose limitations on Zhakiyanov's freedom once paroled, such as requiring him to live in his registered permanent place of residence (Pavlodar),notify a special agency before leaving, and/or forbidding him from visiting specific places. ¶3. (SBU) Zhakiyanov's wife Karlygash Zhakiyanova was initially told by local officials that the case would be heard on December 26. On December 26, however, she was informed the case would not be heard before January 10 at the earliest. Zhakiyanova expressed concern to POEC chief that the GOK had reversed its earlier political decision (Ref A) to release Zhakiyanov. Other observers have speculated that the legal maneuvering may reflect the GOK's desire to keep Zhakiyanov in custody until after the January 11 presidential inauguration, and possibly to limit his freedom of movement after release. ¶4. (SBU) On December 30, Security Council chairman Bulat Utemuratov told the Ambassador that the GOK had not changed its fundamental decision to release Zhakiyanov. He explained that the local procurator's protest had been based on the need to clarify the conditions of Zhakiyanov's release. ¶5. (SBU) Comment: Post is concerned by the delay in releasing Zhakiyanov, given the numerous high-level GOK assurances that he would be freed in December. We will continue to press for his release at every opportunity. End comment. ASQUINO NNNN