UPDATE ON ARREST CASE OF FUAD PEYGUMBARI

UNCLAS BISHKEK 000796 SIPDIS DEPT FOR CA/OCS/ACS/MESCA: JHUNTER DEPT FOR SCA/CEN E.O. 12958: N/A TAGS: CASC KG SUBJECT: UPDATE ON ARREST CASE OF FUAD PEYGUMBARI REF: A) Bishkek 687 B) Bishkek 369 C) Bishkek 296 D) Bishkek 220 E) Bishkek 85 F) Bishkek 82 ¶24. (SBU) REMARKS: Consular Section Chief and ACS FSN attended the opening hearing in Peygumbari's trial on July 31, 2008. Conoff and FSN were able to conduct a formal visit with Peygumbari at the Pervomaysky Courthouse on August 1. Peygumbari appeared well and was not suffering from any apparent physical damages from the attack on June 30. The presiding judge at the trial said that he could authorize consular access to Peygumbari either at the court or at the detention facility. As post reported in Ref A, Peygumbari was beaten by a State Committee on National Security (GKNB) officer during a June 30 meeting with his attorney. The Consular Section was denied access to Peygumbari by the GKNB after the incident, but was able to see him, but was not able to speak with him, at his July 3 bail hearing. Post formally protested the June 30 beating of Peygumbari via Diplomatic Note # 236 sent on July 7, 2008. In the note, post requested an investigation into the incident, requested access to Peygumbari, and requested assistance in guaranteeing Peygumbari's physical well-being. The Ambassador followed this note up with a personal telephone call to the Chairman of the GKNB. Shortly after the note was sent, Peygumbari's case was finally transferred from the investigator to the prosecutor's office in order to begin the trial. An unforeseen consequence of this transfer was that the GKNB no longer controlled access to Peygumbari. After numerous requests to various government agencies and repeated raising of this case with senior Kyrgyz government officials, post was finally granted access to Peygumbari by the judge presiding over his case in the Peromayskiy Court. The presiding judge controls all future access to Peygumbari while the trial proceeds. As stated above, Peygumbari appeared well when the Consular Section saw him August 1. Peygumbari and his attorney told us that following the June 30 beating, he was examined by a GKNB physician and treated. At this time, the investigation into the beating is still ongoing, but Peygumbari's attorney understands that the investigation should be concluded within the next two weeks. Peygumbari continues to assert his innocence to the charges of illegally purchasing a Kyrgyz passport. He further asserts that he no longer wishes to retain his current attorney -- the third attorney retained since his arrest in January. Conoff strongly urged him to consider the consequences of dismissing legal counsel at this point. His trial is set to resume within the next week. Post will continue to make every effort to attend proceedings. Litzenberger