KAZAKHSTAN'S ASYLUM SEEKER DEPARTS VOLUNTARILY

UNCLAS SECTION 01 OF 03 ASTANA 002383 SENSITIVE SIPDIS STATE FOR SCA/CEN, DS/IP/SCA, SCA/PPD, DRL E.O. 12958: N/A TAGS: PGOV PHUM PREL ASEC CVIS KDEM KPAO KZ SUBJECT: KAZAKHSTAN'S ASYLUM SEEKER DEPARTS VOLUNTARILY ¶1. (U) Sensitive but unclassified. Not for public Internet. ¶2. (SBU) Summary: On December 1, Ramazan Yesergepov, Editor-in-Chief of the Alma-Ata Info, a small weekly opposition newspaper with a circulation of approximately 8,000 copies, requested political asylum and refused to leave the U.S. Embassy Branch Office (EBO) in Almaty, citing fears for his personal safety because of an article he had written on corruption within the National Security Committee (KNB). After consulting with Washington, Embassy officials informed Yesergepov that he could not receive political asylum. Nonetheless, Yesergepov refused to leave the EBO. In consultations with the Kazakhstani Ministry of Foreign Affairs (MFA) on December 2, the Charge received assurances that Yesergepov would not immediately be arrested. After a one and a half hour meeting by digital video-conference with Embassy officials, at approximately 17:15 local time on December 2, Yesergepov left the EBO of his own volition and without coercion. Embassy officials promised to closely monitor his case to ensure his proper treatment in accordance with Kazakhstani law. End Summary. ¶3. (SBU) On December 1 at approximately 17:20 local time, Ramazan Yesergepov, Editor-in-Chief of the Alma-Ata Info newspaper, and a figure known for reporting critical of the Kazakhstani government and law enforcement agencies, requested a meeting with the U.S. Embassy Branch Office (EBO) in Almaty. (NOTE: Yesergepov is a well-established contact of the political and public affairs sections at the U.S. Embassy Branch Office in Almaty. END NOTE.) During the meeting with Embassy officers, Yesergepov requested political asylum in the United States and refused to leave the EBO, stating that he felt he was in imminent danger from the National Security Committee (KNB),due to an article on KNB court decisions in the southern city of Taraz, which he published on November 21. ¶4. (SBU) According to Yesergepov, the primary reason for his request for asylum in the Almaty EBO was a series of events following his publication on November 21 of a newspaper article entitled &Who is Governing Our Country ) the President or the National Security Committee?8 Yesergepov told Embassy staff that the article contained information from a secret document detailing &violations8 conducted by the Taraz KNB over the course of an investigation they ran on a local liquor factory. Yesergepov said he believes the source of his information to have been a KNB employee. Yesergepov stated that the KNB conducted an &illegal8 search of his house in Almaty on November 28-29, and claimed that KNB officials confiscated all the computer disks, flash drives, and cell phones in his home, even those items belonging to his wife and grown children. He told Embassy officials that he was taken to the hospital for treatment of an attack of high blood pressure during the search, but that authorities left a summons ordering him to appear in the Almaty KNB office on December 1 for questioning as a &witness8 in a case related to the release of secret documents. ¶5. (SBU) On December 1, Yesergepov held a press conference at the National Press Club in Almaty to discuss what he called "an illegal search of his house without a warrant8 before going to the KNB,s Almaty office, where, Yesergepov told Embassy officials, he was questioned for four hours about the secret documents mentioned in the article. He claimed that since he refused to reveal his source, KNB officials were planning to drive him by car to Taraz, a city located in southern Kazakhstan approximately 455 kilometers from Almaty, to answer further questions as a witness. Yesergepov stated that since, despite his requests, the KNB officials had not shown him any written orders justifying taking him to Taraz for questioning, he decided to exit the KNB vehicle as it departed in heavy traffic. Yesergepov told Embassy officials that, with the help of a large group of friends who had gathered near the front entrance of the KNB building, after exiting the vehicle, he made his way to the Almaty EBO. While he was en-route, several of his trusted contacts called EBO staff, told us that he was coming to the building and asked that we listen to his story. EBO staff ASTANA 00002383 002 OF 003 from the political and public affairs sections received Yesergepov and took notes. He asked to speak with an American officer and then informed the EBO Consular Section Chief and Public Affairs Section (PAS) officer that he was seeking political asylum. ¶6. (SBU) EBO staff immediately called the Charge, who advised them to seek guidance from the Bureau of South and Central Asian Affairs and UNHCR. Both sources confirmed that the Embassy could not offer asylum to a Kazahkstani national in Kazakhstan. When the EBO staff told Yesergepov that he could not receive asylum and asked him to leave, Yesergepov refused to do so, citing concerns for his safety. Charge informed the Ambassador in Washington, who asked that the Charge relate the facts as known to the MFA, as well as seek guidance from the Bureau of Population, Refugees, and Migration (PRM) and inform Consular Affairs and Diplomatic Security. While waiting for PRM,s guidance, a group of approximately 12-15 policemen appeared at the building entrance. A police Colonel asked EBO guards if there was someone inside &seeking asylum.8 The guard responded that the EBO was closed and that he didn,t know. He did tell the Consular Chief and PAS officer about the police presence. The Charge passed this information to Ambassador Hoagland, who decided to offer temporary refuge. Yesergepov told EBO staff that he would depart the next morning when he had &friends8 with him whose presence would deter the police from &abusing their powers.8 The PAS officer and an FSN remained in the EBO with Yesergepov throughout the night. ¶7. (SBU) On the morning of December 2, Charge followed up the previous evening,s phone call to the MFA with a meeting with the Deputy Foreign Minister (DFM) and Chief of the Americas Desk. Charge stressed that Kazakhstan needed to be careful to meet the high standards of the OSCE, especially in light of its upcoming 2010 OSCE chairmanship. The DFM expressed his desire that the incident be resolved quietly. This meeting was ended by a telephone call, which the Deputy Foreign Minister stated was from Foreign Minister Tazhin requesting a briefing. Immediately after the Charge returned to the Embassy, the DFM telephoned and stated that &the authorities would not immediately arrest Yesergepov, if he left the EBO.8 Despite his earlier intention to depart and being told of this assurance from the MFA, Yesergepov again refused to leave the EBO, stating that he was still concerned for his safety. Upon direction from the Ambassador, the Charge convened a meeting to determine a path to resolve the incident by 18:00 local time. ¶8. (SBU) Embassy staff looked at all contingencies, including Yesergepov,s continued refusal to voluntarily depart the EBO. The Charge decided to meet with Yesergepov through a digital video-conference and encourage him to depart voluntarily. In case he refused to do so, the Regional Security Officer (RSO) advised the Charge concerning safe measures that could be used to enforce Yesergepov,s departure. At 15:30, the Charge, accompanied by Astana and Almaty staff members, began a DVC with Yesergepov. Yesergepov spent the first hour retelling his story, and concluded by stating that he did not believe that the Foreign Ministry could control the KNB, and that he believed the only hope he had for his case to be fairly examined was to have the Ambassador raise it personally with President Nazarbayev. ¶9. (SBU) Since Yesergepov had repeatedly asked to speak with the Ambassador, the Charge responded by making it clear that he spoke for the Ambassador. He emphasized that the Embassy strives to promote U.S. ideals and gave several examples of how the Embassy has stood up for human rights in the past in Kazakhstan. He stressed that Yesergepov and the U.S. government have many goals in common and expressed his hope that we could continue to strive to attain those goals together. He praised Yesergepov,s courage, while, at the same time, explaining that Yesergepov could not fight for freedom of thought and speech while confined to a Foreign Mission,s offices. He related his conversations with the DFM and the assurances that the government of Kazakhstan had given the Embassy. He offered to contact prominent Kazakhstani human rights defenders who had previously agreed ASTANA 00002383 003 OF 003 to independently verify Yesergepov,s condition when he left the EBO. The Charge was firm that it was in Yesergepov,s best interests to leave immediately, and that Yesergepov had to depart the EBO not later than 18:00 local time. ¶10. (SBU) Yesergepov took the comments thoughtfully. He stated that the KNB required him to be in Taraz on December 3, but that, traveling by train, the earliest possible arrival date would be December 4. The Charge agreed to convey to the Ministry of Foreign Affairs the message that Yesergepov had voluntarily agreed to travel to Taraz. Yesergepov asked, &when will I be returning from Taraz ) in a few days or a few years?8 In return, the Charge promised Yesergepov that, at least until the Ambassador,s return, the Embassy,s Human Rights Officer would contact Yesergepov or his associates everyday to confirm his status. Yesergepov thanked the Charge and the Embassy officials for their assistance and voluntarily departed the EBO at approximately 17:15 local time, almost 24 hours after arriving. ¶11. (SBU) The Charge called the MFA,s Chief of the Americas Desk and informed him of Yesergepov,s departure and of his intention to voluntarily travel to Taraz. The MFA,s Chief of the Americas Desk thanked the Charge for the U.S. government,s cooperative approach to resolving the situation in the best interests of all involved. The Embassy will continue to monitor Yesergepov,s situation, as appropriate. MILAS