KAZAKHSTAN: INTERIM RESPONSE ON ADMINISTRATIVE

C O N F I D E N T I A L ASTANA 001192 SIPDIS SIPDIS DEPT FOR S/WCI (C. HARMS AND S. MUBANGU),SCA/CEN (M. O'MARA) E.O. 12958: DECL: 04/30/2017 TAGS: PHUM PINR PTER KZ SUBJECT: KAZAKHSTAN: INTERIM RESPONSE ON ADMINISTRATIVE REVIEW BOARD PROCEEDINGS REF: A. STATE 40239 ¶B. 06 ASTANA 814 Classified By: DCM Kevin Milas, reasons 1.4 (B) and (D). ¶1. (C) In response to Ref A instructions, post notified Ualikhan Saginkhanov of the MFA's Consular Department on April 5 that the final Kazakhstani detainee at Guantanamo, Abdulrakhim Kerimbakiyev, would soon be considered by an Administrative Review Board for release, transfer, or continued detention. Post also conveyed the unclassified information regarding the ARB process and deadlines by diplomatic note No. 0212/07. ¶2. (C) On April 30, Saginkhanov requested a meeting with Pol-Econ Chief to hand over the MFA's response in the form of diplomatic note No. 4-13-1-1/3365, dated April 28, 2007. Informal post translation follows: The Ministry of Foreign Affairs of the Republic of Kazakhstan presents its compliments to the Embassy of the United States of America in the Republic of Kazakhstan and, in response to the Embassy's note No. 0212/07 of April 5, 2007, has the honor to report that at the present time, the Ministry is working to establish contact with the relatives of D. I. Kerimbakiyev in order to inform them of the possibility of appeal to the Administrative Review Board regarding the continued detention or release and transfer of the above-named detainee at the U.S. military base on Guantanamo. If circumstances do not prevent it, the Ministry of Foreign Affairs of the Republic of Kazakhstan will immediately inform the Embassy of the United States in the Republic of Kazakhstan about the results its contact with the relatives of D. I. Kerimbakiyev and the processing of their appeal to the Administrative Review Board of the above-named citizen. At the same time, the Ministry, in accordance with bilateral agreements, again requests that the American side send the Kazakshtani side materials regarding the circumstances of the capture in Afghanistan of Kazakshtani citizens D.I. Kerimbakiyev, A.T. Arupov, and A.B. Abykhanov, testimony during questioning, and any other information confirming their involvement in terrorist activity. The Ministry of Foreign Affairs of the Republic of Kazakhstan avails itself of this opportunity to renew to the Embassy of the United States of America in the Republic of Kazakhstan the assurances of its highest consideration. Astana, April 28, 2007 End text. ¶3. (C) Saginkhanov said that the MFA had omited Ilkham Batayev (ISN 084) from the diplomatic note because it had received additional information on him (from unspecified source) subsequent to the transfer. He stressed that Kazakhstani law enforcement authorities needed additional information regarding the other three detainees' activities in Afghanistan in order to justify efforts to monitor their activities. While at present there are no restrictions on the men's freedom of movement or association, the GOK believed that the detainees might still work with lawyers to challenge the legality of the GOK's actions to date. ¶4. (C) Comment: Given the consistency and vehemence of the Kazakhstani message regarding the need for additional incriminating details on the transferred detainees (Ref B), post believes that sharing additional details would be a valuable gesture that would make it easier to reach agreement if and when Kerimbakiyev is approved for release and transfer. End comment. ORDWAY