KYRGYZ OFFICIALS URGE DELAY IN AIRMAN'S DEPARTURE

C O N F I D E N T I A L SECTION 01 OF 03 BISHKEK 000259 SIPDIS SIPDIS DEPT FOR SCA/CEN E.O. 12958: DECL: 03/13/2017 TAGS: PGOV PREL MARR KG SUBJECT: KYRGYZ OFFICIALS URGE DELAY IN AIRMAN'S DEPARTURE BISHKEK 00000259 001.2 OF 003 Classified By: Amb. Marie L. Yovanovitch, Reason 1.4 (b) and (d). ¶1. (C) SUMMARY AND ACTION RECOMMENDATION. In a March 13 meeting with the Ambassador, Kyrgyz Deputy National Security Adviser Oruzov warned of very strong negative reaction if the service member involved in the December 6 shooting incident departs Kyrgyzstan without coordination with the Kyrgyz government. If the serviceman leaves prematurely, he said, the rest of the base might be told to leave too. In a later meeting, Presidential Deputy Chief of Staff Sadyrkulov reiterated to the Ambassador that the service member's departure should be coordinated with the GOKZ. Ambassador strongly recommends that the service member's departure be delayed one to two weeks to allow an agreement between the U.S. and the GOKZ regarding the service member's departure. It appears that now that they have been made aware of the issue, senior policy makers are prepared to try to work out a way forward that will enable the serviceman to depart without further undermining political support for the base. They will need time, however, to work this out, and it is not in our interest to provoke a crisis by insisting that the serviceman leave on March 15, at the end of his rotation. The downside to not at least trying to work out an understanding could be to jeopardize further operations of the base. END SUMMARY AND ACTION RECOMMENDATION. ¶2. (C) On March 13, the Ambassador met with the Kyrgyz Presidential Deputy National Security Adviser, Alec Oruzov, to discuss the current situation regarding the December 6, 2006 shooting incident involving a Kyrgyz national and U.S. service member. The Ambassador queried Oruzov regarding the status of the Kyrgyz investigation into the incident. Oruzov replied that he had heard that the investigation had been completed but had not seen the final report. He then elaborated that the issue had become an emotional one in Kyrgyzstan, and that the manner in which it was resolved would have broader Geo-strategic ramifications. Oruzov noted that there were strong outside political influences, mainly emanating from its membership in the Shanghai Cooperation Organization (SCO),that were militating against the base. Oruzov alluded to recent negative comments made by Russian President Putin, Russian parliamentarians and Kazakhstani officials, and stated that Kyrgyzstan was in a difficult position as it attempted to maintain good relationships with both the U.S. and its SCO partners. Oruzov stressed that in order to maintain this balance it was critical that all unresolved incidents pertaining to the base be resolved in a manner that was perceived as fair and just amongst both the Kyrgyz political leadership, and, more important, amongst the general Kyrgyz population. ¶3. (C) Oruzov then went on to complain that the service member, by refusing to submit to an interrogation by Kyrgyz investigators and by refusing to participate in a reenactment of the incident, was creating the impression that the U.S. was not cooperating with Kyrgyz officials in the investigation. He also stressed that the issue had to be resolved in an objective and fair manner and that if found guilty he should be punished and that it should not be perceived that the U.S. would find a way to find him not guilty. Oruzov again emphasized that outcome of the investigation, and the manner in which the incident is resolved, will have very broad strategic and political ramifications for the U.S.-Kyrgyz relationship. Oruzov the BISHKEK 00000259 002.2 OF 003 stated that the U.S. system of justice was held in high regard and as long as the investigation was transparent and fair, the results would be perceived in a favorable manner. Oruzov alluded to a bullet hole in the chair as proof that the Kyrgyz had been shot while sitting. (Comment. The bullet in the chair has been widely -- and completely inaccurately -- cited by the media as proof that the Kyrgyz had been shot in the back while sitting down. The investigation showed that the bullet hole was caused by a deflected round. End Comment.) ¶4. (C) The U.S. Ambassador stressed that the investigation would undoubtedly be performed in a fair and professional manner. The Ambassador also noted that while the two sides might come to differing conclusions regarding the incident, perhaps due to cultural perceptions, the U.S. military had a very good record of determining, and dealing with, service members who are commit criminal acts. The Ambassador noted that the service member had rights and had, on the advice of counsel, chosen to exercise those rights and not submit to another interview or participate in the reenactment. The Ambassador noted that the Kyrgyz had previously submitted a written list of forty-four questions which the service member had answered. Finally, it was noted that the weapon, which had been sent to a ballistics lab for testing was in the process of being returned to Kyrgyzstan so that the Kyrgyz could conduct their own testing. Moreover, the Ambassador noted that the base had already implemented steps to preclude another such incident from occurring. (Note. Oruzov conceded that the same right to not cooperate was afforded under Kyrgyz law. End note.) ¶5. (C) Oruzov then reiterated that he did not want the incident to spoil U.S.-Kyrgyz relations and that he hoped that the manner would be resolved in a way that would not antagonize the Kyrgyz population. The issue of the departure date of the service member was then raised. It was noted that the service member's unit was scheduled for redeployment from 10 - 15 March and that it was the intent to redeploy the service member with his unit. Oruzov stressed that redeployment of the service member without coordination with the Kyrgyz would have serious repercussions. He said there would undoubtedly be an emotional and negative reaction among the Kyrgyz people and the President himself. Oruzov said that the emotional impact might be so great that "if the service member left, the rest of the base would be told to pack their bags." Oruzov noted that it was well understood that the service member fell under the U.S. jurisdiction, but that he should not depart until the Kyrgyz had everything they needed from the investigation. When pressed on the issue, it being noted that the Kyrgyz had completed their investigation and that agreement of the status of the three outstanding issues had been reached, Oruzov stated that the Ministry of Internal Affairs should report that there was no need for the service member to remain. It was then brought to his attention that the investigators had been sent by the Ministry of Interior on March 9 to confirm that the service member had refused further cooperation so that they could report that there was no need to keep the service member in the country. Oruzov said he would contact the Ministry of Interior to confirm this and if they said they needed additional information he would ascertain what they needed in order to support the redeployment of the service member. Oruzov stated the he would speak to the Ministry of the BISHKEK 00000259 003 OF 003 Interior this afternoon and hoped to have answer on a way ahead within the next few days. Oruzov also agreed to have a meeting with the U.S. and Kyrgyz investigators in order to hear first hand the points of consensus and disagreement. ¶6. (C) In a separate meeting with the Ambassador, Deputy Chief of the Presidential Staff Sadyrkulov also professed not being aware of the issue of the servicman's imminent departure, and urged that it be delayed in order to allow the GOKG to work out a solution. Sadyrkulov called Oruzov in the Ambassador's presence to set up a meeting Wednesday with the Prosecutor General, who will be at the White House to discuss next steps following completion of the Kyrgyz investigation into the shooting incident. He agreed to inform the Ambassador Wednesday of the results of that meeting. ¶7. (C) COMMENT: Oruzov's willingness to get involved in working out a way ahead to allow the departure of the service member is a positive event. However, Oruzov made it clear that redeployment of the service member without a consensus being reached will have a severe negative impact on U.S.-Kyrgyz relations and might very well endanger the future of the base. While Oruzov stated that he would work as quickly as possible, it is unlikely that the issue will be resolved before the service member's scheduled date of departure (15 - 16 March),making it imperative that the Department, DOD and other Washington agencies give serious consideration to delaying the serviceman's departure for a short period, giving the Kyrgyz time to work toward a solution. ¶8. (C) Comment Continued. From the manner in which he spoke, and in previous discussions with Kyrgyz senior officials, it is clear that the Kyrgyz believe that the service member is guilty of a criminal act and will perceive it has a miscarriage of justice if the U.S. investigation exonerates the service member of any wrong doing. That this issue is coming to a head at this time is not propitious as the U.S., no later than 13 April, must officially notify the Kyrgyz government of its desire to extend the base agreement for another year. YOVANOVITCH