KYRGYZ PROSECUTOR INVESTIGATING NDI, IRI, AND IFES

C O N F I D E N T I A L SECTION 01 OF 03 BISHKEK 001706 SIPDIS SIPDIS DEPT FOR SCA/FO AND SCA/CEN DEPT PLEASE PASS TO USAID/ENE AND GC ASTANA PASS TO ALMATY FOR USAID - L. TAZEWELL E.O. 12958: DECL: 12/01/2016 TAGS: PGOV PREL KDEM KG SUBJECT: KYRGYZ PROSECUTOR INVESTIGATING NDI, IRI, AND IFES REF: BISHKEK 1701 (NOTAL) BISHKEK 00001706 001.2 OF 003 Classified By: Amb. Marie L. Yovanovitch, Reasons 1.4 (b) and (d). ¶1. (C) SUMMARY: The Procurator General's office separately summoned the National Democratic Institute (NDI), International Republican Institute (IRI) and IFES on November 15, 24, and 27, respectively, to discuss their programs, activities, funding, and relation with USAID. IRI and IFES were called back on December 1. An embassy officer accompanied to each meeting. The prosecutor demanded a long list of documents from each organization detailing their sources of funding, local activities and programs, staff, and payments toward the social fund. The prosecutor's office also sent a letter to USAID directly requesting copies of USAID's contracts and other agreements with NDI, IRI and IFES. The Embassy has sent a diplomatic note requesting an explanation for the investigation, and the Ambassador has met with PM Kulov November 30, and with Deputy Chief of Staff Sadyrkulov and FM Jekshenkulov December 1 to raise our concerns. We are very concerned over this harassment of our democracy NGOs, and we will continue to raise this at the highest levels of government to try to get it stopped. We recommend that DAS Feigenbaum raise this issue in his bilateral with Jekshenkulov on December 3. END SUMMARY. Procurator General Takes on Democracy Implementers -------------- -------------- ¶2. (C) On November 15, 24, and 27, the National Democratic Institute (NDI),International Republican Institute (IRI) and International Foundation for Election Systems (IFES), respectively, were called in by the Procurator General's office to discuss their programs, activities, funding and relation with USAID. Poloff attended each meeting, as requested by NDI, IRI and IFES. Chief Prosecutor Musa Kanybekovich Beshinov asked each pointed questions about their organizations as well as their possible dealings with political parties and NGOs in Kyrgyzstan. While the requests varied little from one organization to the next, the chief prosecutor showed great interest in the content and overall intent of the IRI-sponsored public opinion survey, the results of which had been made public two days prior to IRI's meeting with Beshinov. The chief prosecutor orally requested from each organization documentation detailing each organization's programs, contracts with USAID, as well as local implementers, compliment of foreign and local staff, and payments toward the social fund and other taxes. ¶3. (C) NDI, IRI and IFES separately asked Beshinov to put the requests for information in writing, and Beshinov hand-delivered notices to each organization's office, saying that he could, if necessary, exercise his right to search their offices without a warrant, under Article 16 of the law on the Procuracy. Beshinov told IRI that his "check" had support at the highest levels of the Kyrgyz Government and that the Procurator's goal was not to kick NDI, IRI or IFES out of the country, but to ensure that they were complying with Kyrgyz laws. NDI, IRI and IFES each clarified their willingness to comply with the Procurator's demands, but cautioned that compiling the requested documentation could take longer than the short deadlines set by Beshinov. ¶4. (C) Beshinov also delivered a letter (Ref A) to USAID On November 30, requesting copies of USAID's agreements with NDI, IRI and IFES and information on financial arrangements. The letter, addressed to USAID Country Director Cliff Brown, also asked that USAID resolve the question of social fund payments. After conferring with USAID, as well as NDI, IRI and IFES headquarters in Washington, each organization separately agreed to relinquish only those documents to the Procurator that are neither proprietary nor for internal use only. BISHKEK 00001706 002.2 OF 003 ¶5. (C) NDI Country Director Gegham Sarkisyan told Pol Chief November 30 that he met with Presidential Administration Deputy Chief of Staff Sadyrkulov to inform him about the investigation, and he received his assurance, as well as Chief of Staff Abdyldayev's, that they would contact the Procurator General directly to stop the investigation. Claiming that neither had known about the Procurator's probe into NDI, IRI and IFES, Sadyrkulov did not say who he thought might be pushing the investigation, but did state that there were "different factions" within the administration. He then told Sarkisyan to "go back to work as normal." ¶6. (C) On December 1, IRI and IFES were called in by the chief prosecutor to present their documents. Again, poloff accompanied. The tone of each meeting was confrontational, and Beshinov expressed his anger at the organizations' failure to deliver the requested documents. Embassy Actions -------------- ¶7. (C) In response to the investigation, the Embassy sent a diplomatic note November 29 (text emailed to SCA/CEN) asking the purpose of the investigations and requesting to be informed of any concerns that the GOKG may have about the operations of U.S.-funded organizations in Kyrgyzstan. ¶8. (C) The Ambassador met with PM Kulov November 30 and raised the issue of the Procurator General's probe. She noted that if our implementers are not following the law, we will take action, but that the Procurator General's questions had been nothing but a fishing expedition, and we consider it harassment. Kulov claimed to be unaware of the situation. He said the government had nothing to do with the investigation, and the Procurator General has higher powers to conduct his own reviews. Kulov added that the Procurator does not report to the Prime Minister under the new constitution. ¶9. (C) After Procurator General Kongantiyev ducked a meeting claiming a sudden illness, the Ambassador met with Deputy Head of the Presidential Administration Medet Sadyrkulov December 1. Sadyrkulov was considerably more forward-leaning than Kulov had been. Sadyrkulov said he was aware of the issues and that he had already spoken to Prime Minister Kulov, State Secretary Madumarov, Foreign Policy Advisor Ibragimov, and Head of the Presidential Administration Abdyldayev. Sadyrkulov said that he, Kulov, and Madumarov had agreed that the Procurator's fishing expedition had to be stopped, and Madumarov intended to call the Procurator General. Sadyrkulov said he thought that the PM, State Secretary and himself could put the Procurator General back SIPDIS in his box, adding, "Don't worry; we will defend you." Sadyrkulov also said he would speak to FM Jekshenkulov in advance of the Ambassador's meeting late on December 1. Jekshenkulov said that he had sent a letter to the to the Procurator General requesting information on the investigations of NDI, IRI, and IFES, and he urged the Ambassador not to consider this a "political action." Ambassador responded that in the absence of any other explanation from the Procurator General, it was difficult to view this as anything but a "political action." Comment -------------- ¶10. (C) We are hopeful that Sadyrkulov and company can stop the PG from harassing our implementers, but in the meantime, we have advised NDI, IRI an IFES to ensure that they seek legal counsel, to ensure that their responses to the Prosecutor General's office conform with local law. We have also told that we will continue to ensure that an Embassy offer is present for any future meetings, should the harassment continue. While parts of the Kyrgyz bureaucracy BISHKEK 00001706 003.2 OF 003 appear to welcome U.S. assistance programs, others clearly have suspicions. The Foreign Minister noted that even Kyrgyz sometimes have trouble understanding each other and their motivations, making it that much more difficult for us. YOVANOVITCH