Identifier
Created
Classification
Origin
06BISHKEK1772
2006-12-19 03:11:00
CONFIDENTIAL
Embassy Bishkek
Cable title:  

MANAS SHOOTING INCIDENT: KYRGYZ WELCOME U.S.

Tags:  PGOV PREL MARR KG 
pdf how-to read a cable
VZCZCXRO8326
OO RUEHDBU
DE RUEHEK #1772/01 3530311
ZNY CCCCC ZZH
O 190311Z DEC 06
FM AMEMBASSY BISHKEK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 8733
INFO RUCNCIS/CIS COLLECTIVE IMMEDIATE
RUEHBJ/AMEMBASSY BEIJING IMMEDIATE 1868
RUEHDBU/AMEMBASSY DUSHANBE IMMEDIATE 1447
RHEFDIA/DIA WASHDC IMMEDIATE
RUEKJCS/OSD WASHDC IMMEDIATE
RUEAIIA/CIA WASHDC IMMEDIATE
RHEHNSC/NSC WASHDC IMMEDIATE
RUEKJCS/SECDEF WASHDC IMMEDIATE
RUEKJCS/JOINT STAFF WASHDC IMMEDIATE
RUEHGV/USMISSION GENEVA IMMEDIATE 0416
RUEHVEN/USMISSION USOSCE IMMEDIATE 2280
RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 1665
RUEHNO/USMISSION USNATO BRUSSELS BE IMMEDIATE
RUEHBS/USEU BRUSSELS IMMEDIATE
RUEHLMC/MILLENNIUM CHALLENGE CORP IMMEDIATE
RUMICEA/USCENTCOM INTEL CEN MACDILL AFB FL IMMEDIATE
C O N F I D E N T I A L SECTION 01 OF 03 BISHKEK 001772 

SIPDIS

SIPDIS

DEPT FOR SCA/CEN

E.O. 12958: DECL: 12/18/2016
TAGS: PGOV PREL MARR KG
SUBJECT: MANAS SHOOTING INCIDENT: KYRGYZ WELCOME U.S.
DIPNOTE RESPONSES, BUT INSIST ON IMMUNITY ISSUE

REF: A. STATE 199856

B. BISHKEK 1762

C. BISHKEK 1753

D. BISHKEK 1736

E. BISHKEK 1733

F. BISHKEK 1732

G. BISHKEK 1722

BISHKEK 00001772 001.2 OF 003


Classified By: Amb. Marie L. Yovanovitch, Reason 1.4 (b) and (d).

C O N F I D E N T I A L SECTION 01 OF 03 BISHKEK 001772

SIPDIS

SIPDIS

DEPT FOR SCA/CEN

E.O. 12958: DECL: 12/18/2016
TAGS: PGOV PREL MARR KG
SUBJECT: MANAS SHOOTING INCIDENT: KYRGYZ WELCOME U.S.
DIPNOTE RESPONSES, BUT INSIST ON IMMUNITY ISSUE

REF: A. STATE 199856

B. BISHKEK 1762

C. BISHKEK 1753

D. BISHKEK 1736

E. BISHKEK 1733

F. BISHKEK 1732

G. BISHKEK 1722

BISHKEK 00001772 001.2 OF 003


Classified By: Amb. Marie L. Yovanovitch, Reason 1.4 (b) and (d).


1. (C) SUMMARY: Separately, on December 18, Ambassador met
with First Deputy Foreign Minister Taalay Kydyrov, Deputy
Chief of the Presidential Staff Medet Sadyrkulov and
Presidential Foreign Policy Advisor Ermek Ibragimov to
deliver the USG responses to Kyrgyz Government diplomatic
notes concerning the December 6 shooting incident at Manas
Air Base (Ref A). The Ambassador noted that the USG had been
responsive to many of the Kyrgyz requests. The Ambassador
made clear that could be no waiver of U.S. jurisdiction over
U.S. servicemembers. Kydyrov welcomed the responses, but
noted the shooting incident had become a major political
issue in Kyrgyzstan, with a potentially serious negative
impact on bilateral relations. Kydyrov questioned limiting a
joint military commission's scope of work to exclude
reexamination of the base agreement. The issue of the base
agreement, he said, was not going to go away. Sadyrkulov and
Ibragimov both underscored the importance of working together
to find a solution on the immunity issue that would help the
President "save face." End Summary.

AMBASSADOR LAYS OUT RESPONSIVE U.S. ANSWERS
--------------


2. (C) Ambassador met with First Deputy FM Kydyrov on
December 18 to deliver the formal response to the requests
contained in three diplomatic notes the Kyrgyz Government has
sent regarding the shooting incident at Manas Air Base (text
of formal responses in Ref A). The Ambassador stressed the
responses were provided in the spirit of friendship and
cooperation and that they reflected great flexibility on the
part of the United States. The Ambassador explained that
Kyrgyz investigators could submit written questions and be
present when U.S. investigators posed those questions to the

airman. She noted that the airman has rights and that they
include the right to have a lawyer present and the right to
remain silent -) just as in Kyrgyzstan. She also said that
the U.S. would provide the Kyrgyz with a set of the airman's
fingerprints. She said that the U.S. side needed to maintain
the chain of custody for the weapon and therefore could not
release it. In response to Kydyrov's question, the
Ambassador said that the Embassy would try to arrange for a
Kyrgyz investigator to be present during any testing of the
weapon, but she was not sure whether this was possible.
Kydyrov said that he would arrange a meeting with the
Procurator General and U.S. experts the following day to
discuss this issue; perhaps the PG would agree that the U.S.
has greater expertise in this area. Kydyrov also asked for a
joint reenactment of the shooting.

NO U.S. FLEXIBILITY ON "IMMUNITY" ISSUE
--------------


3. (C) The Ambassador told Kydyrov that the U.S. welcomed the
Kyrgyz proposal for the establishment of a joint commission
to address certain issues concerning the operation of the
base. She said that the commission should be
military-to-military, and operate within the framework of the
existing bilateral agreement. Regarding the Kyrgyz request
that the U.S. waive the airman's "immunity," the Ambassador
explained that there was not a question of immunity, but
rather that the U.S. side had exclusive criminal jurisdiction
over its personnel, and jurisdiction would not be waived.
She noted that this is worldwide practice for the U.S.

BISHKEK 00001772 002.2 OF 003


military and that in Kyrgyzstan, servicemen from other
countries, such as France and Russia, are also under the
criminal jurisdiction of their respective countries. Kydyrov
understood that the U.S. position on jurisdiction over the
airman conformed to international practice.

TOUGH PUBLIC ENVIRONMENT TO RESOLVE ISSUES
--------------


4. (C) Kydyrov welcomed the responses and said that the GOKG
wanted to resolve issues surrounding the investigation.
Unfortunately, the incident had become a major political
issue, with many "negative statements" from parliamentarians
regarding the Base and the investigation. In addition,
Parliament was forming a commission to look at the incident
and review the base agreement. Kydyrov stressed that these
statements did not reflect the position of the government,
but the current political atmosphere made it harder to
resolve the issues. The Ambassador pushed back, pointing out
that while the public was very emotional over this issue, the
presence of the Base brought many benefits to Kyrgyzstan.
While the U.S. side would make public statements about
efforts to resolve issues surrounding the Base, it was also
the responsibility of the Kyrgyz Government to make the
public case in favor of the Base.

"IMMUNITY" ISSUE WON'T GO AWAY
--------------


5. (C) Kydyrov said in this environment the work of the joint
commission would be particularly important, so that work
could immediately begin on the immunity question. Ambassador
said that the commission could discuss general issues of
mutual concern, but re-opening the MOU would require a
Washington team. Moreover, the U.S. had zero flexibility on
this issue. Kydyrov said in that case, we would have to come
up with another alternative, because the U.S. had to consider
the local environment, and no policy positions are held
forever. Because of pressure from the public and in the
Parliament, the issue of the base agreement was not going to
go away, he said. He said it would be important to finish the
investigation quickly and transparently.

COMPENSATION TO THE FAMILY IS KEY. . .
--------------


6. (C) Kydyrov said that the issue of compensation for the
deceased's family needed to be resolved as quickly as
possible, as the family was in a difficult situation. The
Ambassador explained that the U.S. had procedures for filing
claims after completion of the investigation. Kydyrov asked
for further details about the procedures.

BUT EVEN MORE CRITICAL IS "IMMUNITY" ISSUE
--------------


7. (C) In a later meeting, Deputy Chief of Staff Sadyrkulov
repeatedly identified the immunity issue as a serious one.
He appealed to the Ambassador to work together to find a way
"to save face" for the President. He said he would discuss
the issue with the President the following day and that a
solution had to be found. Ambassador then met with
Presidential Foreign Policy Advisor Ibragimov who was
grateful for the answers the USG provided. He, too, focused
on the immunity question as the single biggest issue.

COMMENT
--------------


8. (C) Although we do not rule out that there will be a
cooler response in the days ahead, all three of our
interlocutors were relieved that the U.S. had responded and
were, by and large, pleased by our answers. They all pledged

BISHKEK 00001772 003.2 OF 003


to work constructively with the U.S. in the conduct of the
investigation, the discussions regarding issues of mutual
concern about the base, and a public affairs campaign to
reverse the ugly public mood surrounding this issue.
Ibragimov, in fact, cut short the meeting with the Ambassador
so he could brief the President that the U.S. is working
cooperatively with the Kyrgyz on the shooting incident before
Bakiyev participated in a call-in television show answering
questions from the public. If the President takes that same
helpful tack, it would be a good indicator.


9. (C) However, as all three interlocutors made plain, the
central issue is the issue of immunity, and it will not go
away. The President, the Prime Minister, and Parliament have
all publicly declared that the MOU should be changed so that
servicemembers are under Kyrgyz criminal jurisdiction. We
are heartened that Sadyrkulov said we need to find a way to
help the President "save face;" this at least implies the
realization, on the part of some Kyrgyz, that they are ready
to try to find another solution. Nevertheless, walking this
position back will be a challenge.
YOVANOVITCH