KAZAKHSTAN: ALMATY NOTES, DECEMBER 2006

UNCLAS SECTION 01 OF 03 ASTANA 000919 SIPDIS SIPDIS E.O. 12958: N/A TAGS: PGOV PHUM KZ SUBJECT: KAZAKHSTAN: ALMATY NOTES, DECEMBER 2006 ¶1. The "Almaty Notes" series is intended to maintain focus on developments in civil society, the media, and the opposition in Kazakhstan's "southern capital" following the move of the Embassy to Astana. Opposition Journalist on Trial -------------- ¶2. On November 23, the Bostandyk district court in Almaty held the first hearing of the criminal case against opposition journalist Kazis Toguzbayev. Toguzbayev is accused of insulting President Nazarbayev's dignity and honor in his articles "Mafia Regime Covers up Murderers of Altynbek Sarsenbayev" and "Pope of Rome and Pope of Astana - Feel the Difference!" published on the kub.kz opposition web site in May and April. ¶3. Pol FSN observed the proceedings. About forty opposition activists came to support Toguzbayev. Everyone was allowed in the courtroom. The judge allowed videotaping, photography, and audio recording. Toguzbayev's lawyer made several motions: to allow Tamara Kaleyeva of the AdilSoz mass media NGO to participate in the case as a public defender; to invite several KNB officers involved in the investigation to testify; to invite three state experts who examined the articles to testify; and to invite a professor from Kazakh State University to participate in the proceedings as an independent language expert. The judge granted all the motions except the independent language expert. ¶4. Under questioning, Toguzbayev stated that he had no motive and no intention of insulting President Nazarbayev. His articles criticized the president as a public servant, and his policies. The judge scheduled the next hearing for December 25. Three state language experts will be invited to present their interpretation of Toguzbayev's articles. Human Rights Organizations to monitor Alga Registration -------------- -------------- ¶5. Representatives of human rights organizations will monitor the process of registration of Alga Party, which has been seeking registration since September 2005. The working group for monitoring will include representatives of the Kazakhstan International Bureau for Human Rights, Almaty Helsinki Committee, "Zashchita" Fund, AdilSoz, Union of Journalists, and Charter for Human Rights. According to Ninel Fokina of the Helsinki Committee, the working group is neutral and was set up not because they favor this party and its program. (Azat weekly, November 30) 
Sixth Eurasian Media Forum to be held in Almaty -------------- -- ¶6. The sixth Eurasian Media Forum will be held in Almaty from April 19 to April 21, 2007, the general director of the forum, Vladimir Rerikh, announced at a press briefing on November 23. The media forum program will include Middle East problems, including the trial of Saddam Hussein, military conflict in Lebanon, the nuclear policies of Iran and North Korea, and energy security policy of Eurasian countries. In addition, organizers have told post that the forum plans to discuss freedom of speech in CIS and the "Borat" phenomenon. Criticism of Demolition of Krishna Houses -------------- ¶7. "The demolition of Krishna community houses in the suburbs of Almaty may damage the international reputation of Kazakhstan," Yevgeniy Zhovtis of the Kazakhstani International Bureau for Human Rights and Ninel Fokina of Almaty Helsinki Committee stated at a press conference in Almaty on November 28. Fokina said that the court rulings to this effect were not based on the law. Zhovtis mentioned that the demolition was selective: only houses of Krishna devotees have been demolished. According to Zhovtis' sources, five additional lawsuits on demolition of Krishna devotees' houses have been filed with the court. (Interfax, November 28) NGOs against Demolition Campaign -------------- ¶8. At a November 28 conference in Almaty, the Alga party and a number of NGOs discussed the problems of Almaty residents facing demolition of their houses. According to MP Amalbek Tshan, who participated in the discussion, "in demolishing 'illegal' houses, the city administration is guided by interests of construction companies, but not the city residents." Yevgeniy Zhovtis of ASTANA 00000919 002 OF 003 Kazakhstani International Bureau for Human Rights added: "what is taking place in the country is 'forced eviction', though there is no such a term in Kazakhstan legislation." According to Alga party leader Asylbek Kozhakhmetov, half of the more than 80 families of the Shanyrak district who applied for legalization of their houses, were turned down. "Now the authorities are not demolishing their houses using bulldozers, but are driving the residents out of the district by cutting off water and electricity supply and by not enrolling their children in local schools." The participants of the conference decided to set up Shanyrak Public Committee to defend the families in Almaty facing the demolition. (Interfax, November 28) Opposition Leader Abilov Stands Trial -------------- ¶9. On December 4, the Almalinskiy district court in Almaty began hearing the criminal case filed against the well-known politician Bulat Abilov and two his former business companions, Baurzhan Karabekov and Ualikhan Bekbosyn. All three defendants were charged with large-scale misappropriation and embezzlement of the property they were entrusted with. ¶10. The defendants were accused of committing these crimes during the period from 1996 to 1998 when Abilov was the chairman of the Butya-Capital Investment Fund (BCIF) Supervising Board and Karabekov and Bekbosyn were the executive directors of the fund. BCIF, along with other 167 investment funds, participated in the coupon privatization of Kazakhstan enterprises. ¶11. At the December 4 hearing, the judge rejected all of the defendant's motions, including to dismiss the case because of lack of crime, to invite more plaintiffs to testify, to give the defendants' lawyers two months to study the case, and to allow videotaping. The small courtroom could hold only about 40 persons, including 13 plaintiffs. Only journalists and a dozen observers (including Pol FSN) were allowed in. About a hundred of Abilov's supporters wearing yellow scarves waited in the lobby of the court building. ¶12. The judge announced that more than 700 shareholders of BCIF had filed complaints against Abilov and his colleagues, accusing them of misappropriating their assets. Only 13 plaintiffs were present in the courtroom on December 4. According to the judge, the rest could not attend for various reasons. He read aloud about a dozen letters from plaintiffs confirming their claims and apologizing for failing to attend the hearing. Surprisingly, several letters the judge read aloud were from plaintiffs who retracted their claims, and four plaintiffs present in the courtroom renounced their previous claims. The defendants asked the judge to invite to the court at least 200 shareholders to find out their reasons for complaining. The judge rejected this request, as well as the defendants' motion for a continuance until January in order to study the 125 volumes of evidence. ¶13. At the December 20 hearing, the judge adjourned the proceedings until January 10 due to the absence of defendant Baurzhan Karabekov. (Karabekov's lawyer said his client was hospitalized on December 18 with severe high blood pressure after learning that some of the plaintiffs in the case were seeking millions of dollars in damages.) Abilov's new lawyer asked for a continuance until February to familiarize himself with the 125 volumes of evidence but was denied. Only journalists were allowed into the small courtroom. About 200 Abilov supporters gathered peacefully outside the courthouse for about 30 minutes, holding posters saying "Stop Prosecuting Abilov" and "Article 39 of the Constitution Prohibits Politically Motivated Limitation of Human Rights and Freedoms." Concerns about Draft Law on Publishing Activities -------------- -------------- ¶14. On December 6, a number of mass media NGOs, including Adil Soz and the Union of Journalists, made a statement expressing their concerns about a new draft law on publishing activities. The statement asserted that some draft provisions were aimed at curtailing the publishing service market and introducing tight political censorship. For example, the draft would require licensing for printing houses dealing with mass media, which observers believe would increase the dependence of printing facilities on state bodies. ¶15. The statement noted that this summer, Mazhilis deputies already rejected the licensing proposal. It warns that Minister of Information Yertesbayev's statement about controlling the Internet and this licensing requirement are not "empty promise," but rather a ASTANA 00000919 003 OF 003 real threat to freedom of speech. The mass media advocates called on MPs to be objective and be men of principle. (Respublika weekly, December 8) Proposals on Constitutional Reforms -------------- ¶16. On December 7 in Almaty in the Presidential Institute for Strategic Studies, the working group of the State Commission for Democratization held a conference on constitutional reforms. Yerkin Ongarbayev, Co-Chairman of Adilet Party and a member of the working group, gave a report on their proposals, which included the right of Parliament to discuss candidates for cabinet of ministers' positions, the right of Parliament to form the Budget Committee, to conduct investigations, to appoint the Ombudsman, the election of half of Mazhilis deputies from party nominee lists, financing political parties from the state budget and the right of Parliament to interpret the laws. ¶17. According to the head of the working group, Alikhan Baymenov, the State Commission was wrapping up its work. Early next year President Nazarbayev is likely to participate in the last meeting of the State Commission on Democratization and to announce "step by step" constitutional reforms based on the recommendations of the state commission. MILAS