Identifier
Created
Classification
Origin
06BISHKEK1706
2006-12-01 13:03:00
CONFIDENTIAL
Embassy Bishkek
Cable title:  

KYRGYZ PROSECUTOR INVESTIGATING NDI, IRI, AND IFES

Tags:  PGOV PREL KDEM KG 
pdf how-to read a cable
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C O N F I D E N T I A L SECTION 01 OF 03 BISHKEK 001706 

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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).

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

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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