KAZAKHSTAN: MFA PROPOSES DEAL ON PEACE CORPS

C O N F I D E N T I A L SECTION 01 OF 03 ASTANA 000135 SIPDIS STATE FOR SCA/CEN, CA/OCS FRANKFURT FOR REGIONAL CONSULAR OFFICER E.O. 12958: DECL: 01/23/2029 TAGS: PGOV PREL CASC KZ SUBJECT: KAZAKHSTAN: MFA PROPOSES DEAL ON PEACE CORPS VOLUNTEER CASE ENTAILING CONVICTION AND DEPORTATION REF: A. ASTANA 0055 ¶B. 08 ASTANA 2576 ¶C. 08 ASTANA 2410 (NOTAL) Classified By: Ambassador Richard E. Hoagland: 1.4 (B),(D) ¶1. (C) SUMMARY: After State Secretary Kanat Saudabayev declined to intervene in the criminal case involving Peace Corps Volunteer Anthony Sharp, the Ambassador raised it with Presidential Foreign Policy Advisor Kairat Sarybay on January ¶15. Sarybay tasked resolving the matter to MFA Americas Department Director Talgat Kaliyev. In meetings on January 21 and 23, Kaliyev explained to us that the case can not simply be made to disappear. Instead, he proposed that there be a brief closed trial, with no media, where Sharp will be convicted and given a suspended sentence, after which he will be immediately deported from the country. Kaliyev said that he had spoken directly with the judge overseeing the case, and indicated that the proposal would be acceptable to all the relevant parties among the authorities. Kaliyev has briefed Foreign Minister Tazhin, who purportedly supports this solution. We explained that the decision about whether to accept the proposal would be Sharp's alone to make, in consultation with his lawyers. We told Kaliyev that as an alternative, Sharp might be willing to plead guilty to trespassing, a crime which carries a maximum penalty of 15 days in jail, if the other charges, including the explosives charge, are dropped. He said he would look into this alternative and get back to us by January 27. Peace Corps Director and Consular Chief will travel to Ridder on January 26 together with Sharp's lawyers and will inform Sharp and the lawyers about the government's proposal. END SUMMARY. DEAL PROPOSED ON PEACE CORPS VOLUNTEER CASE ¶2. (C) After State Secretary Kanat Saudabayev declined to intervene in the criminal case involving Peace Corps Volunteer Anthony Sharp, the Ambassador raised the matter with Presidential Foreign Policy Advisor (and former Deputy Foreign Minister) Kairat Sarybay. On January 15, the Ambassador provided Sarybay with the same non-paper on the case that he had given to Saudabayev (see ref A). Sarybay phoned the Ambassador on January 20 and informed him that he had tasked resolving the issue to MFA Americas Department Director Talgat Kaliyev. ¶3. (C) Kaliyev called in Pol-Econ Chief on January 21 and explained that he had spoken with "many people" involved with the case and had stressed to them the potential "political complications" for the bilateral relationship. Unfortunately, it was not simply possible to make the case disappear, given that Sharp was allegedly caught with explosives and that "classified maps" were found in his apartment. That said, there was a recognition that Sharp had no "evil intentions." Thus, Kaliyev had come up with a proposal to resolve the situation. This would entail a trial -- a perfunctory one -- in a closed court, without any media or publicity. Sharp would be found guilty, given a suspended sentence, and immediately deported from the country. Kaliyev said this proposal would be acceptable to all the relevant parties among the authorities. ¶4. (C) Pol-Econ Chief promised that we would review the proposal and get back to Kaliyev as soon as possible. He stressed that we believe the case against Sharp is a clear provocation. We are concerned that it might have originated from Astana, and that the Committee for National Security (KNB) could be involved. Kaliyev responded dismissively. The KNB is, of course, well aware of the case, since it involves a foreigner, but "they are not happy with it," he maintained. ¶5. (C) At the end of the meeting, Kaliyev told Pol-Econ Chief that it is important that Peace Corps volunteers behave appropriately and not get themselves in trouble. He requested information about the legal basis for the Peace Corps program in Kazakhstan, including whether the program ASTANA 00000135 002 OF 003 has a formal bilateral agreement with the government. Pol-Econ Chief said he would obtain this information from the Peace Corps. PROPOSAL REITERATED IN FOLLOW-UP MEETING ¶6. (C) Following in-house discussions with the Ambassador on January 22, Pol-Econ Chief, Peace Corps Country Director, and Consular Chief met together with Kaliyev on January 23. On this occasion, Kaliyev was accompanied by Tauboldy Umbetbayev from the MFA's Consular Department. Kaliyev reiterated his proposal for resolving the Sharp case. He made it clear that he had, in fact, spoken directly with the judge overseeing the case. According to Kaliyev, the judge cannot simply release Sharp, because he was caught with dynamite in a bag, and items found in his apartment "do not conform to his legal status in the country." Nevertheless, the Kazakhstani side is ready to close its eyes to all of this in the spirit of our good bilateral relationship and the fact that Sharp did not have any evil intentions. Kaliyev insisted that we should not worry -- Sharp will not spend any time in jail. He said he had briefed Foreign Minister Tazhin, who agreed with the proposal. Presidential Foreign Policy Advisor Sarybay is also in the loop. ¶7. (C) This proposal is the best option for Sharp to be free to leave the country, Kaliyev insisted. If Sharp wants to, he is welcome to appeal the guilty verdict from the safety of the United States. Kaliyev reassured us that a U.S. consular officer could be present at a closed trial, and said he would check to confirm that Sharp's lawyers could be there too. As Kaliyev envisions it, this would be a very quick affair. Perhaps the judge would just read out the charges, immediately hand down a guilty verdict, and suspend the sentence. Kaliyev refused to speculate on the outcome if the proposal is declined and the case goes to a public trial. Pol-Econ Chief, Consular Chief, and Peace Corp Director made clear to Kaliyev that the final decision about whether to accept the proposal would be Sharp's to make, in consultation with his lawyers. ¶8. (C) Consular chief and Peace Corps Director told Kaliyev that they had spoken with Sharp's attorneys and understood that it is possible in the Kazakhstani legal system to plead guilty to a lesser charge. Sharp might be willing to plead guilty to trespassing, a crime which carries a maximum penalty of 15 days in jail, if the others charges, including the explosives charge, are dropped. Kaliyev said that there is only so far he can go in interfering in the legal process, but promised to look into the possibility and get back to us with an answer about this alterative by January 27. ¶9. (C) Peace Corps Director reminded Kaliyev that in his January 21 meeting with Pol-Econ Chief, he had asked about the legal status of the Peace Corps in Kazakhstan. In fact, he explained, Peace Corps has an overall bilateral agreement with the government, and three separate MOUs under it, with the Ministries of Education and Science, Information and Culture, and Trade and Industry. Kaliyev indicated that there are "some in the government" who want to know how long the agreement is valid for, and how Kazakhstan can terminate it. He admitted that in this regard, Sharp's conviction on explosives charges would be a problem for the Peace Corps program in Kazakhstan. However, he stressed that the MFA supports the Peace Corps -- "we believe your people are doing a great job" -- and said that there is no reason to be worried about the future of the Peace Corps "for now." NEXT STEPS ¶10. (C) Peace Corps has hired new attorneys for Sharp through the Almaty office of Chadbourne and Parke. They began working on the case on January 22. They believe that the case is very weak and are preparing a vigorous defense. Court proceedings are, for the moment, scheduled to begin on January 28. Peace Corps Director and Consular Chief intend to travel to Ridder on January 26 together with Sharp's ASTANA 00000135 003 OF 003 lawyers. They will inform Sharp and the lawyers about the government's proposal, as well as the discussion with Kaliyev about a guilty plea to trespassing. Sharp will need to make his own decision about the government's proposal, in consultation with the lawyers. That said, at this juncture, it is clear that the government will not simply make this case go away by deporting Sharp without any trial. If the case goes to trial in an open court, the attendant publicity may make it very unlikely for Sharp to be acquitted or to be convicted and given a suspended sentence. In addition, should Sharp's lawyers be successful in poking holes in the case, the judge might send it back for reinvestigation, causing a delay that could last for months. We hope to hear back from Kaliyev on January 27 about the alternative of a guilty plea to trespassing. Sharp spoke with Peace Corps Director on January 23 following the meeting with Kaliyev and said that the police were in the process of again searching his office and the office of Ak-Em Ridder, the local organization he had previously worked for as a volunteer. HOAGLAND