KAZAKHSTAN: HOUSING DEMOLITIONS SPARK VIOLENCE

UNCLAS SECTION 01 OF 02 ALMATY 002564 SIPDIS SENSITIVE SIPDIS DEPARTMENT FOR SCA/CEN (J. MUDGE),DRL/PHD (C. KUCHTA- HELBLING) E.O. 12958: N/A TAGS: PHUM PREF UZ KZ SUBJECT: KAZAKHSTAN: HOUSING DEMOLITIONS SPARK VIOLENCE REF: 05 Almaty 3919 ALMATY 00002564 001.2 OF 002 ¶1. (SBU) Summary: A campaign by Almaty city authorities to demolish illegally-built houses has turned violent. Several residents of the Bakay neighborhood who resisted eviction on July 7 were wounded in clashes with the police. The residents were unable to prevent the authorities from demolishing over 350 houses. The situation escalated on July 14 when the authorities attempted to evict residents from the Shanyrak neighborhood. The men of the neighborhood barricaded the streets and fought police officers, taking several officers hostage. As of COB Friday, the police had not succeeded in evicting any residents and had pulled back. The OSCE has requested information on the legal basis for the demolitions. Residents claim that the authorities have court orders to demolish only a small fraction of the houses but are instead leveling entire neighborhoods. -------------- First Round: 350 Houses in Bakay -------------- ¶2. (U) In the early morning hours of July 7, Almaty authorities began to demolish what they claim are illegally- built houses in the Bakay neighborhood. According to neighborhood residents, who held a press conference on July 12, at 4:00 am bailiffs ordered the start of demolition. Nine bulldozers were used to knock down 350 to 400 houses, with the residents' belongings still inside. There were reportedly 1500 police and riot police on the scene, who allegedly beat residents who resisted eviction. ¶3. (U) Residents of Bakay report that twenty individuals, including a six-week old baby, were hospitalized as a result of injuries sustained during the evictions. They also claim that the vast majority of the evictions were not legally justified, as bailiffs produced copies of court orders pertaining to only 29 houses. During the July 12 press conference, the residents appealed to President Nazarbayev to intervene, and to the international community for humanitarian assistance. Many of the residents of Bakay are now living amid the wreckage of their houses, without water, electricity, or sanitation. ¶4. (SBU) PolFSN visited the neighborhood on July 12 and saw hundreds of demolished houses. Residents repeated rumors that first daughter and member of parliament Dariga Nazarbayeva, who visited the neighborhood about one month before the demolitions took place, wanted to seize the land as she owns the neighboring parcel. -------------- Second Round: Violent Standoff in Shanyrak -------------- ¶5. (SBU) Almaty officials attempted to repeat the process in the Shanyrak neighborhood on July 14. Shanyrak residents, evidently having some idea that the onslaught was coming, violently resisted the demolition team. The women and children locked themselves in their houses, while approximately 1500 male residents armed with rocks and Molotov cocktails barricaded the entrances to the neighborhood. They hurled rocks and other objects at the police and riot police who attempted to force them from their homes. Political activist Marzhan Aspandiyarova told post that there were 2000 law enforcement officers present. ¶6. (SBU) According to news reports and journalists at the scene who contacted post directly, the residents of Shanyrak took two to four police officers hostage. The residents reportedly soaked two of the officers with gasoline and were threatening to set them alight if the police did not withdraw. There were also news reports that one officer was seriously wounded. As of 17:00 on July 14 it appeared that all but one officer had been released, and the police had temporarily withdrawn. They had not succeeded in carrying out any evictions or demolitions. -------------- -------------- OSCE Seeks Information on Legal Basis for Demolition -------------- -------------- ALMATY 00002564 002.2 OF 002 ¶7. (SBU) OSCE human dimension officer Jennifer Croft told Pol-Econ Chief on July 14 that the OSCE had requested, via a July 13 diplomatic note to the MFA, that the Almaty akimat (mayor's office) provide documentation regarding the legal proceedings that resulted in the Bakay demolition orders. Croft confirmed that residents of Bakay had told the OSCE that only 29 orders had been issued. The OSCE has not yet received any information in response to the request. ¶8. (U) Article 25 of the Kazakhstani Constitution specifies that "Housing shall be inviolable. Deprivation of housing shall not be permitted unless otherwise stipulated by a court decision." Article 26 states that "No one may be deprived of his property unless otherwise stipulated by a court decision. Forcible alienation of property for the public use in extraordinary cases stipulated by law may be exercised on condition of its equivalent compensation." The Law on Housing Relations stipulates the conditions for the seizure of homes in the case of debt repayment, seizure with compensation, seizure pursuant to a court order, and eminent domain for government use. No compensation is required in cases of seizure pursuant to a court order, which appears to be the case with at least 29 of the homes in Bakay. ¶9. (U) Political activists who are trying to assist the residents of Bakay and Shanyrak claim that the Almaty authorities plan to carry out similar evictions and demolitions in other Almaty neighborhoods such as Aigirin, Ulzhan, and Duman. ¶10. (SBU) Comment: The legal situation surrounding the demolitions is far from clear. It is not yet known whether the Almaty authorities were acting in accordance with valid court orders in all cases, or exceeded their mandate. Even some observers who sympathize with the plight of those evicted acknowledge the need for government action, given the illegal nature of the construction and the lack of order in the squatter neighborhoods. What is clear is that using massive force to evict families and destroy their possessions is a politically unwise move in a country where most citizens still hold the Soviet belief that shelter is an inalienable right. Housing is the only issue in recent memory to have provoked violent protests in Kazakhstan: the Bakay and Shanyrak conflicts, and a related demonstration last October (reftel). End comment. ORDWAY