Identifier
Created
Classification
Origin
06ALMATY49
2006-01-05 12:49:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
US Office Almaty
Cable title:  

KAZAKHSTAN: SUIT AGAINST ZHUMA TIMES BEGINS

Tags:  PGOV PHUM KPAO KDEM KZ POLITICAL 
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UNCLAS ALMATY 000049 

SIPDIS


SENSITIVE

STATE FOR EUR/CACEN (JMUDGE),EUR/PPD (JBASEDOW),EUR/ACE
(ESMITH/JMCKANE),DRL/PHD (CKUCHTA-HELBLING)

E.O. 12958: N/A
TAGS: PGOV PHUM KPAO KDEM KZ POLITICAL
SUBJECT: KAZAKHSTAN: SUIT AGAINST ZHUMA TIMES BEGINS

Ref: 05 Almaty 4175

UNCLAS ALMATY 000049

SIPDIS


SENSITIVE

STATE FOR EUR/CACEN (JMUDGE),EUR/PPD (JBASEDOW),EUR/ACE
(ESMITH/JMCKANE),DRL/PHD (CKUCHTA-HELBLING)

E.O. 12958: N/A
TAGS: PGOV PHUM KPAO KDEM KZ POLITICAL
SUBJECT: KAZAKHSTAN: SUIT AGAINST ZHUMA TIMES BEGINS

Ref: 05 Almaty 4175


1. SUMMARY. The trial to close the opposition newspaper
Zhuma Times began January 6 and was immediately put on hold
pending a request to move the case to another jurisdiction.
Lawyer Sergey Utkin asked that the case be transferred from
Almaty's inter-district economic court to the Auezovskiy
district court in Almaty. The Almaty city court will rule
on the venue, but the deadline for that decision is
unclear. The procurator has ten days to file a counter
appeal. The lawsuit filed by a district procurator in
Almaty follows months of harassment by the authorities
during the presidential campaign and warnings issued by
President Nazarbayev and Almaty's municipal procurator.
Like other opposition newspapers in Kazakhstan, Zhuma Times
has changed its name several times in the course of
confrontations with authorities and has already registered
a new name, so they are ready for what they believe will be
an unfavorable ruling. END SUMMARY.

Trial On Hold Pending Decision on New Venue
--------------


2. (SBU) The trial to close the opposition newspaper Zhuma
Times began January 6 and was immediately put on hold
pending a ruling on the defendant's request to move the
case to another jurisdiction. Lawyer Sergey Utkin asked
that the case be moved from Almaty's inter-district
economic court to the Auezovskiy district court in Almaty.
Utkin argued that only commercial entities or people
engaged in business could legally file claims in the inter-
district economic court. Since the Auezovskiy district
procurator, and not a business interest, had sued the
newspaper, Utkin said the case had to be tried in another
court. The Almaty city court will rule on the venue, but
the deadline for that decision is unclear. The procurator
has ten days to file a counter appeal.

Trial New Front in Zhuma Times' Battle with Authorities
-------------- --------------


3. (SBU) The trial to close Zhuma Times, which media
observers say is supported financially by the opposition
movement For a Just Kazakhstan, followed months of
harassment throughout the presidential election campaign.
Local authorities and prosecutors confiscated Zhuma Times

print runs in Almaty on October 21 and November 3, saying
the paper contained "false information defaming the honor
and dignity of a presidential candidate in order to
influence the election." In both cases the offending
articles criticized the president or made vague allegations
about the Giffen "Kazakhgate" bribery case. After the
presidential elections, the December 8 issue was also
seized, this time for information that allegedly insulted
"the dignity and honor of the president," for articles
critical of the conduct of elections, and vague
insinuations about Kazakhgate that were published in almost
every issue. Citing what he characterized as constant and
crude violations of the law since the paper began
publishing, the Auezovskiy district procurator in Almaty on
December 20 filed suit in Almaty's inter-district economic
court to have the newspaper cease publishing immediately
until the trial to close the newspaper down was concluded.
(Note: the Almaty inter-district economic court is the
only court with the authority to seize property or demand
immediate cessation of activities.)

Prosecutor and President Issued Public Warnings
-------------- --


4. (U) After the November 3 confiscation, Almaty's
municipal procurator warned in an official statement that
law enforcement would employ all measures allowed by law to
prevent the spread of false information, including halting
publication and prosecuting those responsible. President
Nazarbayev issued his own warning at a December 5 press
conference in Astana. When asked about his alleged
involvement in corruption, the president said he would
consider such allegations to be defamation. He added that
he would take the accuser to court to be punished as
provided by Kazakhstan's law.

Zhuma Times Ready for Next Incarnation
--------------


5. (SBU) The Kazakh-language Zhuma Times has a long history
of conflict with authorities, dating back to its first
issue as DAT ("Let Me Speak") in April, 1998. By December
of 1998 it was bankrupt after being fined 30 million tenge
for allegedly defaming the official Kazakhstan-1 television
station. SolDAT ("Same DAT") started publishing in July
1999 with funding from opposition leader Akezhan
Kazhegeldin and the opposition Democratic Choice of
Kazakhstan political party.


6. (SBU) In 2001 editor-in-chief Yermurat Bapi was
sentenced to one year in prison on charges of defaming
President Nazarbayev, but was amnestied before being
imprisoned. After an inspection by tax police in 2003,
Bapi was accused of concealing tax payments totaling 57
million tenge in what many say were trumped-up charges. He
was sentenced to a year's probation, fined $140, and
ordered to cease publishing activities for five years. (He
was identified on the Zhuma Times editor's page as "reader-
in-chief.") In July 2003, the Almaty inter-district
economic court ordered the liquidation of SolDAT, claiming
it had never been officially registered. DATa Nedeli -
Zhuma Times replaced SolDAT in November 2004. Anticipating
a ruling to close down his newspaper, Bapi has told emboff
that he has already registered another newspaper and will
be ready to resume publishing when the decision on Zhuma
Times is handed down.

Asquino


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