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

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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

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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