KYRGYZ FM WARY AS OPPOSITION EXHAUSTS ELECTION

C O N F I D E N T I A L SECTION 01 OF 02 BISHKEK 001548 SIPDIS SIPDIS DEPT FOR SCA/CEN (GEHRENBECK) E.O. 12958: DECL: 12/31/2017 TAGS: PGOV KDEM SOCI KG SUBJECT: KYRGYZ FM WARY AS OPPOSITION EXHAUSTS ELECTION APPEALS REF: BISHKEK 1538 BISHKEK 00001548 001.2 OF 002 Classified By: Charge d'Affaires Lee Litzenberger for Reasons 1.4 (b) a nd (d) ¶1. (C) Summary: In a December 27 meeting with the Ambassador, Kyrgyz Foreign Minister Karabayev acknowledged "problems" with the December 16 parliamentary elections, but reasoned that an Ak Jol-dominated parliament would inspire real debate with the government. To correct electoral code problems, FM Karabayev signaled plans to invite the OSCE/ODIHR director to Bishkek in February. FM Karabayev also advised the Ambassador that Kyrgyz security services had information that the Kyrgyz opposition would be approaching the Embassy and/or other institutions for "legal expertise to fight for their rights" in the aftermath of the elections. His concerns about the opposition, specifically about actions outside the law, preceded the Supreme Court's December 29 decision to uphold a lower court's rejection of opposition party Ata Meken's challenge to the Osh city vote count. End Summary. Foreign Minister on Elections -------------- ¶2. (C) In a December 27 meeting with the Ambassador, Kyrgyz Foreign Minister Karabayev admitted that "we all know what the problems were" with the precinct protocols (which recorded the individual precinct vote tallies) in the December 16 parliamentary elections. He acknowledged that the Department's statement on the elections had been "restrained." FM Karabayev reasoned that although "the process was not great, you will like the result" ) a new parliament which would inspire real debate with the government. He added that the stability of an Ak Jol-dominated parliament aligned with a pro-Ak Jol government would enable a focus on economic growth. Kyrgyz to Invite ODIHR for a Visit -------------- ¶3. (C) FM Karabayev said the Kyrgyz government planned to invite Organization for Security and Cooperation in Europe (OSCE)/Office for Democratic Institutions and Human Rights (ODIHR) Director Christian Strohal to the Kyrgyz Republic for a February visit to discuss corrections to the election code. In a separate, subsequent meeting Deputy Foreign Minister Kadyrov sought input from the Ambassador on how to improve the election process for the future. FM Concerned about "Legal Expertise" -------------- ¶4. (C) FM Karabayev advised the Ambassador that Kyrgyz "security structures" had "information" indicating that the Kyrgyz political opposition (likely Ata Meken) and certain non-governmental organizations might approach the Embassy, the OSCE, the National Democratic Institute, or possibly others for "legal expertise" and advice "to fight for their rights" in the aftermath of the disputed elections. His concern was that the opposition would resort to measures outside the law. While FM Karabeyev was unable to elaborate when questioned about the "information," he noted that politicizing the elections and the individual precinct protocols would cause the opposition to "lose more than they have until now." Supreme Court Rejects Opposition Challenge -------------- ¶5. (SBU) Following the December 23 lower court ruling rejecting opposition party Ata Meken's challenge to the Osh BISHKEK 00001548 002.2 OF 002 city election results (reftel),Ata Meken appealed the decision to the Kyrgyz Supreme Court. In the December 29 Supreme Court hearing, which Embassy observed, Ata Meken lawyers noted to the Supreme Court that the CEC had not permitted Ata Meken representatives to review the original CEC-endorsed Osh city precinct protocols. CEC representatives claimed this was a decision for the Prosecutor General's Office. The Supreme Court nevertheless decided the same day to rely on the (questionable) CEC-endorsed Osh city protocols and, therefore, upheld the lower court's ruling. ¶6. (C) Ata Meken member and Adilet Legal Clinic Director Cholpon Jakupova told Poloff that she did not expect "President Bakiyev's" Supreme Court to overturn the previous ruling, but that she had somehow still hoped that justice would prevail. Jakupova also expressed disappointment in the Supreme Court's decision not to request the original Osh city protocols directly from the CEC. Following the Supreme Court decision, some Ata Meken members discussed the possibility of appealing to an international court. Comment -------------- ¶7. (C) FM Karabayev's concerns that the opposition would appeal to western and international entities over the election results indicates the government feels vulnerable on this issue. The decision to invite ODIHR's Strohal is positive, as is the request for Embassy suggestions to improve future elections, but they do not excuse the manipulations of the December 16 vote. LITZENBERGER