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