Identifier
Created
Classification
Origin
07BISHKEK1548
2007-12-31 08:42:00
CONFIDENTIAL
Embassy Bishkek
Cable title:  

KYRGYZ FM WARY AS OPPOSITION EXHAUSTS ELECTION

Tags:  PGOV KDEM SOCI KG 
pdf how-to read a cable
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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)

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