AMBASSADOR'S MEETING WITH KYRGYZ PROSECUTOR

C O N F I D E N T I A L SECTION 01 OF 02 BISHKEK 000992

SIPDIS

DEPT FOR SCA/CEN

E.O. 12958: DECL: 09/26/2018
TAGS: PGOV PREL MARR KG
SUBJECT: AMBASSADOR'S MEETING WITH KYRGYZ PROSECUTOR
GENERAL SATYBALDIYEV

REF: A. BISHKEK 989

B. BISHKEK 943

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Classified By: Ambassador Tatiana C. Gfoeller, Reasons 1.4 (b) and (d).


1. (C) Summary: Ambassador met September 23 with Prosecutor
General Satybaldiyev to discuss the status of the "criminal
investigation" connected to the August 4 seizure of weapons
and equipment from a U.S. military training team.
Satybaldiyev said that he had asked the Kyrgyz Parliament for
an official interpretation of the December 2001 agreement
which allows U.S. military personnel and weapons to enter
Kyrgyzstan; Satybaldiyev said that Parliament should respond
no later than two months from the day of the seizure.
Satybaldiyev said that if he did not receive a "satisfactory"
response from the Parliament -- that is, if the team's
importation of weapons is deemed not to be covered by the
agreement -- then he would bring criminal charges against an
Embassy officer. Satybaldiyev closed the meeting by saying
he hoped to have a cooperative and open relationship with the
new Ambassador. End summary.


2. (C) The Ambassador held an introductory meeting September
23 with Prosecutor General Elmurza Satybaldiyev.
Satybaldiyev is in charge of the criminal investigation into
the August 4 seizure of weapons and equipment from a U.S.
military training team. Satybaldiyev's subordinates had told
us previously that the matter was heading toward resolution,
and the case could be closed once they had received the
required "expertise" report on the weapons. Satybaldiyev
confirmed to the Ambassador that his office had received the
necessary "expertise" concerning the weapons from the
Ministry of Internal Affairs.


3. (C) However, Satybaldiyev said he has now sent a request
to the Parliament for an official interpretation of the parts
of the December 2001 agreement between the U.S. and
Kyrgyzstan which allow U.S. military personnel and weapons to
enter the country. Satybaldiyev said that since the
Parliament had ratified this agreement, Parliament was the
competent body to provide answers to questions about the
meaning of the agreement. He said that Parliament had two
months from the day of the seizure to respond. He added that
he had the discretion to grant Parliament an extra month on
top of that, but indicated that he did not have the intention
of doing so. He said that unless he got a "satisfactory"
response from Parliament (about the scope of the agreement)
before his deadline, he would bring criminal charges against
an Embassy officer for contraband and illegal importation of
weapons.


4. (C) Note: Satybaldiyev was referring to the original
agreement to establish the Manas Coalition Air Base. The
agreement was accomplished by an exchange of diplomatic notes
and then was ratified by the Parliament in December 2001.
The agreement provides, among other provisions, for the entry
into Kyrgyzstan of U.S. military personnel and their weapons.
Previous U.S. training teams have entered Kyrgyzstan without
incident. End Note.


5. (C) Satybaldiyev provided a written statement of the case
("spravka"),which referred to the weapons being "illegally
kept" at the house, the "refusal" of the U.S. army servicemen
to answer any questions, and the failure to follow
"established procedures" to bring the weapons into
Kyrgyzstan.


6. (C) Ambassador noted that President Bakiyev had
acknowledged that the seizure of the weapons was due to
"miscommunication" between Kyrgyz government bodies. She
added that the Millennium Challenge Account Threshold Program
was beginning in Kyrgyzstan, and the program included a
substantial amount for criminal justice reform. She told

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Satybaldiyev that it would be better for future cooperation
and assistance if the weapons case was resolved as soon as
possible.


7. (C) Satybaldiyev closed the meeting by saying that his
office was open "any day" to the Ambassador. "Don,t wait
for an appointment if you have something to discuss with me,"
he urged her. "Just drop by my office any time and I'll
always find five minutes for you." He said he looked forward
to "good cooperation" on the Millennium Challenge program and
hoped to gain by "studying your methods."

Comment
--------------


8. (C) Satybaldiyev's escalation of the weapons investigation
signals that this case will not be resolved soon, and the
threat of criminal charges (even though such charges against
a diplomat would go nowhere) raises this dispute to a higher
level. It is also disturbing that Satybaldiyev has asked
Parliament for an "official interpretation" of parts of the
base agreement, which could open up that agreement to
reconsideration or re-interpretation. However, later the
same day, Presidential Chief of Staff Sadyrkulov assured the
Ambassador that the weapons case would be resolved soon and
he would prevent it from being escalated further, just as he
claimed he had already prevented it from becoming a
"scandal." (septel)
GFOELLER