Identifier
Created
Classification
Origin
09ASTANA1458
2009-09-02 10:45:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Astana
Cable title:
KAZAKHSTAN: COMMITTEE FOR NATIONAL SECURITY COMMENTS ON
how-toVZCZCXRO6886 OO RUEHAG RUEHAST RUEHBI RUEHCI RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK RUEHKW RUEHLA RUEHLH RUEHLN RUEHLZ RUEHNEH RUEHNP RUEHPOD RUEHPW RUEHROV RUEHSK RUEHSL RUEHSR RUEHVK RUEHYG DE RUEHTA #1458 2451045 ZNR UUUUU ZZH O 021045Z SEP 09 FM AMEMBASSY ASTANA TO RUEHC/SECSTATE WASHDC IMMEDIATE 6126 INFO RUCNCIS/CIS COLLECTIVE 1890 RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE RUEHZL/EUROPEAN POLITICAL COLLECTIVE RUEHBJ/AMEMBASSY BEIJING 1260 RUEHKO/AMEMBASSY TOKYO 1958 RUEHUL/AMEMBASSY SEOUL 0917 RUCNDT/USMISSION USUN NEW YORK 2451 RUEHNO/USMISSION USNATO 2766 RUEAIIA/CIA WASHDC RHEFAAA/DIA WASHDC RHEHNSC/NSC WASHDC 1447 RUEKJCS/SECDEF WASHDC 1343 RUEKJCS/JOINT STAFF WASHDC RHMFIUU/CDR USCENTCOM MACDILL AFB FL
UNCLAS ASTANA 001458
SENSITIVE
SIPDIS
STATE FOR SCA/CEN, DRL, EUR/RPM
E.O. 12958: N/A
TAGS: PHUM PREL PGOV KDEM KZ
SUBJECT: KAZAKHSTAN: COMMITTEE FOR NATIONAL SECURITY COMMENTS ON
APPEAL BY JAILED JOURNALIST
REFTEL: ASTANA 351
UNCLAS ASTANA 001458
SENSITIVE
SIPDIS
STATE FOR SCA/CEN, DRL, EUR/RPM
E.O. 12958: N/A
TAGS: PHUM PREL PGOV KDEM KZ
SUBJECT: KAZAKHSTAN: COMMITTEE FOR NATIONAL SECURITY COMMENTS ON
APPEAL BY JAILED JOURNALIST
REFTEL: ASTANA 351
1. (U) Sensitive but unclassified. Not for public Internet.
2. (SBU) On August 29, the Chairman of Kazakhstan's National
Security Committee (KNB),Amangeldy Shabdarbayev, issued a highly
unusual public statement regarding the case of Ramazan Yesergepov --
the Kazakhstani journalist sentenced to three years in prison for
publishing classified documents (reftel). Shabdarbayev's comment
might have been motivated by an August 11 statement by the
Organization for Security and Cooperation in Europe (OSCE)
Representative on Media Freedom, Miklos Haraszti, among others.
3. Post's informal translation of the text of the statement
follows:
BEGIN TEXT: No official, including the KNB Chairman, is entitled to
interfere or give any guidance to investigators concerning a
criminal case, and moreover, to impact court proceedings.
As the Chairman of a special state agency, I have never allowed
myself to influence, in any way, any investigation for the sake of
personal or corporate interests, or to interfere with, or regulate,
an investigation.
As for Ramazan Yesergepov's criminal case, I absolutely did not have
any wish, or grounds, to take it under "special control." That
person knowingly violated the law and was held liable. It was only
the court, not the Chairman of the KNB, that determined whether he
was guilty or not. Investigators collected evidence of violation of
the law by Yesergepov, and the court found the evidence sufficient
for issuance of a sentence. The investigation was done under
prosecutors' control.
I state with all responsibility that no "miscarriages" of the law or
of justice by the Zhambyl Region's KNB officers were disclosed by
prosecutors or by internal security officers. A KNB Department
officer, B.A.Zhanuzakov, who was involved in the actions that
resulted in divulgence of classified information, was sentenced to
nine years in prison.
A change of classification of the publicized documents cannot affect
the court ruling, and, moreover, it cannot be done pursuant to the
requirements of the law "On State Secrets."
If Yesergepov disagrees with the sentence, the appeal procedure is
spelled out in the law. END TEXT.
4. (SBU) COMMENT: The KNB typically focuses on cases involving
state security, such as terrorism and extremism, but has played a
particularly active role in Yesergepov's case. The documents that
Yesergepov published belonged to the KNB, and it was widely
perceived that the KNB controlled the case until Yesergepov's
conviction. It is unclear whether the KNB Chairman was ordered to
comment because the case has generated so much attention from the
media, civil society, and international community. The statement
represents an unusual step and one that demonstrates that even
government hardliners can be made to respond to international
criticism. END COMMENT.
HOAGLAND
SENSITIVE
SIPDIS
STATE FOR SCA/CEN, DRL, EUR/RPM
E.O. 12958: N/A
TAGS: PHUM PREL PGOV KDEM KZ
SUBJECT: KAZAKHSTAN: COMMITTEE FOR NATIONAL SECURITY COMMENTS ON
APPEAL BY JAILED JOURNALIST
REFTEL: ASTANA 351
1. (U) Sensitive but unclassified. Not for public Internet.
2. (SBU) On August 29, the Chairman of Kazakhstan's National
Security Committee (KNB),Amangeldy Shabdarbayev, issued a highly
unusual public statement regarding the case of Ramazan Yesergepov --
the Kazakhstani journalist sentenced to three years in prison for
publishing classified documents (reftel). Shabdarbayev's comment
might have been motivated by an August 11 statement by the
Organization for Security and Cooperation in Europe (OSCE)
Representative on Media Freedom, Miklos Haraszti, among others.
3. Post's informal translation of the text of the statement
follows:
BEGIN TEXT: No official, including the KNB Chairman, is entitled to
interfere or give any guidance to investigators concerning a
criminal case, and moreover, to impact court proceedings.
As the Chairman of a special state agency, I have never allowed
myself to influence, in any way, any investigation for the sake of
personal or corporate interests, or to interfere with, or regulate,
an investigation.
As for Ramazan Yesergepov's criminal case, I absolutely did not have
any wish, or grounds, to take it under "special control." That
person knowingly violated the law and was held liable. It was only
the court, not the Chairman of the KNB, that determined whether he
was guilty or not. Investigators collected evidence of violation of
the law by Yesergepov, and the court found the evidence sufficient
for issuance of a sentence. The investigation was done under
prosecutors' control.
I state with all responsibility that no "miscarriages" of the law or
of justice by the Zhambyl Region's KNB officers were disclosed by
prosecutors or by internal security officers. A KNB Department
officer, B.A.Zhanuzakov, who was involved in the actions that
resulted in divulgence of classified information, was sentenced to
nine years in prison.
A change of classification of the publicized documents cannot affect
the court ruling, and, moreover, it cannot be done pursuant to the
requirements of the law "On State Secrets."
If Yesergepov disagrees with the sentence, the appeal procedure is
spelled out in the law. END TEXT.
4. (SBU) COMMENT: The KNB typically focuses on cases involving
state security, such as terrorism and extremism, but has played a
particularly active role in Yesergepov's case. The documents that
Yesergepov published belonged to the KNB, and it was widely
perceived that the KNB controlled the case until Yesergepov's
conviction. It is unclear whether the KNB Chairman was ordered to
comment because the case has generated so much attention from the
media, civil society, and international community. The statement
represents an unusual step and one that demonstrates that even
government hardliners can be made to respond to international
criticism. END COMMENT.
HOAGLAND