FINAL UPDATE ON ARREST CASE OF FUAD PEYGUMBARI

UNCLAS BISHKEK 000896 SIPDIS DEPT FOR CA/OCS/ACS/NESCA: JHUNTER DEPT FOR SCA/CEN: JGORKOWSKI E.O. 12958: N/A TAGS: CASC KG SUBJECT: FINAL UPDATE ON ARREST CASE OF FUAD PEYGUMBARI REF: A) Bishkek 796 B) Bishkek 687 C) Bishkek 369 D) Bishkek 296 E) Bishkek 220 F) Bishkek 85 G) Bishkek 82 ¶11. JUDICIAL STATUS: Charges Dropped ¶22. JUDICIAL PROCEEDINGS: - ACTUALLY RELEASED ON September 02, 2008 ¶24. (SBU) REMARKS: On Monday August 25, 2008, the judge presiding over Peygumbari's case dismissed the charges of illegal migration and instigation of illegal migration against Peygumbari. The charges of knowingly purchasing a false official document and using a false document remained. According to Kyrgyz law, the statute of limitations for the remaining charges is one year. As one year elapsed since the purchase of the documents in question, the judge dismissed Peygumbari's case after eight months of detention. Peygumbari remained in custody for a ten day appeal period. The Pervomayskiy Courts and the State Committee on National Security (GKNB) released Peygumbari on Tuesday, September 3, 2008. As noted in Ref B, post protested the GKNB's abuse of Peygumbari while in their custody. The Ambassador sent a personal letter to the Secretary of the GKNB protesting Peygumbari's treatment and requesting an investigation. On August 22, 2008, the GKNB sent their reply stating that Peygumbari had attacked their officer who was forced to act in his own defense. The GKNB accuses Peygumbari of slander and "humiliating their honor and dignity." Peygumbari requested post's assistance in departing Kyrgyzstan as his Russian passport expired last year and he cannot exit on his U.S. passport. Post is working with local immigration authorities. Peygumbari does not require any financial or emergency dietary assistance at this time but this could be subject to change. Post considers this arrest case closed and thanks the Department for all of its assistance. Gfoeller