KAZAKHSTAN: ALMATY NOTES, FEBRUARY 2, 2007

UNCLAS SECTION 01 OF 02 ASTANA 000309

SIPDIS

SENSITIVE

SIPDIS

E.O. 12958: N/A
TAGS: PGOV PHUM PINR KZ
SUBJECT: KAZAKHSTAN: ALMATY NOTES, FEBRUARY 2, 2007

REF: A. 06 ALMATY 2564, B. 06 ALMATY 2302


1. (U) The "Almaty Notes" series is intended to maintain focus on
developments in civil society, the media, and the opposition in
Kazakhstan's "southern capital" following the move of the Embassy to
Astana.

"Shanyrak District Defenders" Stand Trial
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2. (U) On January 12, the city court in Almaty began hearing the
case of the 25 people accused of participating in the July 14, 2006,
riots in the Shanyrak district of Almaty, popularly referred to as
the "Shanyrak district defenders." (See Ref A for details.
Residents clashed with police when local authorities attempted to
demolish illegal residences; a policeman who was taken hostage and
set on fire later died.) Seventeen of the accused have been in
custody since July. Another eight were free on bail. The trial is
expected to be lengthy, with the participation of 25 defendants and
175 victims. Four of the defendants, including the primary
defendant Aron Yedigeyev (aka Atabek),have been charged with
hostage-taking, murder, and organizing a riot.


3. (U) The January 12 hearing was held in the largest city
courtroom. Many observers, including relatives and activists from
opposition parties, were present. The court rejected motions
requesting a jury trial and challenging the membership of the
three-judge panel hearing the case. The chief judge questioned the
accused about their party affiliation. Some observers alleged that
this was done in an attempt to prevent the participation of public
defenders in the proceedings.


4. (SBU) Alga party activist Alikhan Ramazanov told Pol FSN that,
although they had denied it when questioned by the judge, some of
the defendants were members of Alga. Alga hired seven lawyers to
defend them and was trying to get permission for other
representatives to participate in the case as public defenders. It
also appears that some of the defendants are affiliated with
national-patriotic movements, as well-known national activist Dos
Koshim is also seeking permission to participate in the trial as a
public defender.


5. (SBU) The second hearing was held on January 23. After their
motion for a jury trial was denied for the second time, two of the
accused -- Aron Atabek and Ayat Temirbay - cut their own abdomens
with knives in protest. (According to Alikhan Ramazanov, the two
suspects suffered only minor injuries.) The hearing ended when
bailiffs were unable to restore order in the courtroom. Proceedings
resumed on January 25, amid increased security. Only journalists
were allowed in the courtroom, but taking pictures and videotaping
was prohibited.

Hizb ut Tahrir Members in Almaty Detention Center
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6. (U) On January 23, a group of women picketed the Almaty pre-trial
detention center demanding permission to see their husbands and
brothers. The protesters, who said that they were members of Hizb
ut Tahrir, said their relatives were among 70 members of the
organization who had been detained six weeks earlier. The facility
administration denied the request, and the local department of the
National Security Committee declined to comment publicly on the
case.

Opposition Presents Awards to Active Members
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7. (U) On January 19, opposition activists, mostly from the Alga
Party, held a celebration in Almaty to announce the 2006 winners of
the Freedom Prize established by the Democratic Choice of Kazakhstan
movement in 2002. 2006 winners included Altynbek Sarsenbaiuly
(murdered February 2006),Nurbulat Masanov (died October 2006),
Kazis Toguzbayev (see para. 10),Yevgeniy Zhovtis (KIBHR chairman),
Irina Savostina ("Pokoleniye" leader),and Alibek Zhumabayev (jailed
FJK activist, Ref B). Independent journalist Yermurat Bapi, himself
a winner of the prize in 2003, expressed regret that noone came to
receive the prize on behalf of Sarsenbaiuly. Bapi stressed that,
while the ceremony was organized by the Alga Party, former laureates
had selected the 2006 winners.


8. (SBU) In conversation with Pol FSN, who attended the event, Bapi
expressed his indignation over the failure of True Ak Zhol leaders
to attend the ceremony. Bapi said they failed to show up because of

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the split in the opposition camp and differences between the True Ak
Zhol leaders and Mukhtar Ablyazov, who is behind the Alga leader
Asylbek Kozhakhmetov. Bapi also complained that other opposition
leaders such as Zharmakhan Tuyakbay, Galymzhan Zhakiyanov (a
co-founder of the Democratic Choice of Kazakhstan movement),and
communist leader Serikbolsyn Abdildin also failed to show up. Only
Ak Zhol Deputy Chairman Burikhan Nurmukhamedov attended the
ceremony, which Bapi saw as an indicator of good relations between
Mukhtar Ablyazov and Alikhan Baymenov.

True Ak Zhol Wants to Name Almaty Street after Sarsenbaiuly
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9. (U) According to a True Ak Zhol party press release, on January
18 the party's co-chairmen Bulat Abilov, Oraz Zhandosov, and Tulegen
Zhukeyev met with the head of the Presidential Administration,
Adilbek Dzhaksybekov. In his comments on the meeting, Tulegen
Zhukeyev stressed that the only question raised in Astana was their
request to rename a street in Almaty after the murdered opposition
leader Altynbek Sarsenbaiuly. Zhukeyev added that because a year
had passed since his death, the party activists had asked for a
permission to hold a meeting in memory of Sarsenbaiuly in front of
the Academy of Sciences in Almaty. "However, Dzhaksybekov expressed
his doubts about the requests," Zhukeyev said.

Journalist Toguzbayev Receives Suspended Sentence
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10. (U) On January 22, the Bostandyk district court in Almaty found
opposition journalist Kazis Toguzbayev guilty of insulting President
Nursultan Nazarbayev's dignity and honor and gave him a two-year
suspended sentence with two-year probation period. The court also
found that in his articles, Toguzbayev gave a negative estimate of
the political situation in the country and the actions of the
president, and defamed the president by publishing false
information. The false information included the following
statement: "The President wants to suppress the case of Altynbek
Sarsenbayev and he did it before this time. In a way, he is the
killer."


11. (SBU) Opposition activists who came to the court to support
Toguzbayev were quite happy with the ruling. Some of them
characterized the decision as a victory, because in issuing its
ruling the court criticized the textual analysis performed by the
National Security Committee. Tulegen Zhukeyev of True Ak Zhol told
Pol FSN, who observed the trial, that they had expected a mild
sentence due to the upcoming political reforms. He also added that
they hoped for good results in the case with Bulat Abilov.


12. (U) In her comments to the press on the ruling, Tamara Kaleyeva
of the AdilSoz media freedom NGO said "It is good that he will
remain free, but it is not a victory. It is bad that the court
decided to convict. In this way not only Toguzbayev, but also many
other journalists will be muzzled. Through this ruling we have been
told that there are some taboos, and the taboo number one is the
president's activities."

Social Democratic Party Registered
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13. (U) On January 25, the Ministry of Justice registered the
Social-Democratic Party founded by a former speaker of Parliament
and opposition presidential candidate Zharmakhan Tuyakbay. On
January 29, Tuyakbay held a press conference in Almaty to brief
journalists on the registration. Tuyakbay stressed that the Social
Democratic Party would continue to position itself as an opposition
party. In his answer to a question about the Democratization
Commission, Tuyakbay said the party could theoretically participate
as an observer; he thought that the Commission had completed its
work once it passed its recommendations to President Nazarbayev,
however.


14. (SBU) After the press conference, Pol FSN talked to political
scientist Andrey Chebotaryev about the registration decision.
Chebotaryev said Kazakhstan was still seeking the OSCE chairmanship,
and this was the main reason why the Social-Democrats were
registered.

MILAS