RUSSIAN PROCURATOR GENERAL DISMISSED

C O N F I D E N T I A L SECTION 01 OF 02 MOSCOW 005934

SIPDIS

SIPDIS

DEPARTMENT FOR INL/PRAHAR
DOJ FOR OPDAT (LEHMANN) AND OIA (BURKE)

E.O. 12958: DECL: 06/02/2016
TAGS: PGOV KCRM PHUM PINR RS
SUBJECT: RUSSIAN PROCURATOR GENERAL DISMISSED

REF: 04 MOSCOW 8743

Classified By: Minister-Counselor for Political Affairs Kirk Augustine.
Reasons 1.4 (B/D).


1. (C) SUMMARY: President Putin removed Vladimir Ustinov as
Procurator General on June 2. He did not name an immediate
replacement. PolPreds Dmitriy Kozak and Aleksandr Konovalov
are considered leading candidates to replace Ustinov. The
suddenness of the move surprised observers, although rumors
about Ustinov's removal have long circulated. Throughout his
tenure, Ustinov created stumbling blocks to foreign technical
assistance to the Procuracy, and his departure may be good
news for the Embassy. Ustinov had been an important member
of the "silovik" group in the Kremlin, and speculation in the
period ahead will center on the implications of his removal
for the balance of power within Putin's inner circle.
Observers will also analyze the implications of Ustinov's
removal in terms of the succession, particularly if Kozak
moves into Ustinov's slot. END SUMMARY
.
USTINOV'S REMOVAL
--------------


2. (SBU) President Putin issued a presidential order on June
2 removing Procurator General Vladimir Ustinov from his post.
In accordance with constitutional procedures, the Federation
Council voted on that order, endorsing it by a unanimous vote
of 140-0 with two abstentions, thereby legally sealing
Ustinov's fate. Media reports noted that the 54-year old
Ustinov had asked to resign for "health reasons," noting at
the same time that this is often the face-saving formulation
for dismissed senior officials. Ustinov became Prosecutor
General in May 2000 and last year was re-appointed to a
second five-year term by a vote of the Federation Council.
During his term, he personally oversaw several of the
country's most controversial judicial proceedings, including
the case against former Yukos CEO Mikhail Khodorkovskiy and
oligarchs Berezovskiy and Gusinskiy.


3. (SBU) The suddenness of Ustinov's departure surprised
observers, although rumors have long swirled that he would be
removed (reftel). Pundits have already begun to speculate
that Ustinov's sudden departure could be linked to the latest
anti-corruption campaign, which Putin launched in his May 10
address to the nation. A number of senior law enforcement
and security officials have already been dismissed from their
positions, and the Customs Service was placed under the
direct authority of the Prime Minister. Others suggest that
Ustinov's removal should be seen in the context of the
Kremlin's permanent preoccupation with consolidating its hold
on power. In this context, some saw Ustinov -- a holdover
from the Yeltsin era -- as a less than trustworthy figure,
despite his eagerness to please the Kremlin.


4. (SBU) The Federation Council will discuss a permanent
replacement for Ustinov later this month, according to
Council Chairman Sergey Mironov. By most accounts, Dmitriy
Kozak, the Southern District PolPred and, arguably, one of
the country's leading trouble-shooters, is a front runner.
Volga District PolPred Aleksandr Konavalov is also among the
rumored front-runners. In the interim, First Deputy
Procurator General Yuriy Biryukov was elevated to the top
legal job in an acting capacity.
.
GOOD NEWS FOR USG ASSISTANCE PROGRAMS?
--------------


5. (C) From the Embassy's perspective, Ustinov's departure
may prove to be good news. He rarely met with USG officials,
including those from the Embassy, and any program involving
the Procuracy's participation with USG programs always
required his personal approval, which sometimes proved a
lengthy and difficult process that ended with a refusal.
This was part of a broader pattern, throughout his tenure, of
creating stumbling blocks to foreign technical assistance
aimed at supporting reform in the General Procuracy. Beyond
that, he set a xenophobic tone within the Procuracy, which
further complicated foreign cooperation. The Procuracy's
rank-and-file with which Embassy's Law Enforcement Section
worked dropped subtle hints of their lack of respect for him,
and from their perspective, he no doubt will not be missed.
.
COMMENT
--------------


6. (C) Even at this point it is safe to say that few
rule-of-law experts or human rights advocates will mourn

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Ustinov's departure. His tenure as Procurator General has
been controversial, and his public statements occasionally
have drifted away from strict legal judgments and well into
the realm of personal opinion, some bordering on the illegal.
Last year, for example, Ustinov advocated that law
enforcement and security officials operating in the northern
Caucasus consider taking hostage the family members of
leading Chechen separatists as a tactic to break the back of
the ongoing insurgency there.


7. (C) Beyond the implications for the rule of law in Russia,
speculation will center on how Ustinov's removal will affect
the balance of power in the Kremlin and the succession
struggle. Ustinov is an important member of the "silovik"
group inside the Kremlin, and some will view his removal as a
setback for that group. (NOTE: Ustinov's son is reportedly
married to the daughter of Presidential Administration deputy
head Igor Sechin, who is generally regarded as the head of
the "silovik" group. END NOTE.)


8. (C) On the day of Ustinov's removal, German Gref publicly
indicated that he may tender his resignation as Minister of
Economic Development and Trade, raising speculation that he
will be removed to counter-balance the setback to the
siloviki with the departure of a key member of the Kremlin's
liberal group. That would be seen as part of Putin's effort
to maintain balance among his inner circle. All eyes will
also focus on whether Kozak will return to Moscow and step in
as Procurator General -- and thus become a contender to
replace Putin as president in 2008.
BURNS