KAZAKHSTAN: PEACE CORPS VOLUNTEER ACCEPTS MFA

C O N F I D E N T I A L SECTION 01 OF 02 ASTANA 000175

SIPDIS

STATE FOR SCA/CEN, CA/OCS
FRANKFURT FOR REGIONAL CONSULAR OFFICER

E.O. 12958: DECL: 01/29/2029
TAGS: PGOV PREL CASC KZ
SUBJECT: KAZAKHSTAN: PEACE CORPS VOLUNTEER ACCEPTS MFA
PROPOSAL TO RESOLVE CRIMINAL CASE, COURT PROCEEDINGS BEGIN

REF: A. ASTANA 0135

B. ASTANA 0055

C. 08 ASTANA 2576

D. 08 ASTANA 2410 (NOTAL)

Classified By: Ambassador Richard E. Hoagland: 1.4 (B),(D)


1. (C) SUMMARY: Peace Corps Volunteer Anthony Sharp has
accepted the proposal made by MFA Americas Department head
Talgat Kaliyev for resolving his criminal case --
specifically, that after a brief closed trial, Sharp will be
found guilty, given a suspended sentence, and immediately
deported from the country. Court proceedings in the case
began in Ridder on January 28, with Consular Chief and Peace
Corps Country Director in attendance. After just 30 minutes,
the proceedings were adjourned to January 30. Sharp's
lawyers believe that the proceedings will be concluded during
the week of February 2 (i.e., next week). Consular Chief
reported from Ridder that he is relatively comfortable with
the current course of events. END SUMMARY.

PEACE CORPS VOLUNTEER ACCEPTS MFA PROPOSAL


2. (C) Consular Chief and Peace Corps Country Director
traveled to Ridder on January 26, together with the
newly-hired lawyers for Peace Corps Volunteer Anthony Sharp.
They briefed Sharp and the lawyers about the proposal made by
MFA Americas Department head Talgat Kaliyev for resolving
Sharp's criminal case -- specifically, that after a brief
closed trial, Sharp would be found guilty, given a suspended
sentence, and immediately deported from the country.
Consular Chief and Peace Corps Country Director also told
Sharp about the alternative the Embassy proposed to Kaliyev
-- i.e., that Sharp would consider pleading guilty to a
lesser charge of trespassing, which carries a maximum penalty
of 15 days in jail, if all the other charges, including the
explosives charge, were dropped (see reftel A).


3. (C) Sharp's legal team -- which includes a corporate
lawyer from Chadbourne and Parke overseeing the case, a
criminal defense attorney, and a former judge from
Ust-Kamenogorsk -- explained to Consular Chief and Peace
Corps Director that they believe the case against Sharp is
weak, and that in a fair, open trial, they would prevail in
getting the charges reduced to administrative ones. Sharp's
initial reaction was that he preferred the Embassy's
plea-bargain alternative over Kaliyev's proposal. Sharp
also reported that police from Ust-Kamenogorsk appeared to be
investigating a new case against him, connected to "secret"
Soviet topographical maps from the 1960s which were found in
his apartment.


4. (C) Pol-Econ Chief met on January 27 with Kaliyev, who on
this occasion declined to directly address the Embassy's
alternative proposal. Instead, he insisted that Sharp should
accept his own proposal, promising that there would be
nothing to worry about and that everything would be finished
within a week or so. Kaliyev, however, left open the
possibility that in the end, the judge might not convict
Sharp on all the criminal charges. He also made clear that
he had directly discussed the case with the Ministry of
Internal Affairs (MVD) and Procurator General's Office. He
assured Pol-Econ Chief not to be concerned about the new
investigation against Sharp: "That's just part of the game."


5. (C) Pol-Econ Chief relayed the gist of the Kaliyev meeting
to Consular Chief, who informed Sharp. On the basis of
Kaliyev's reassurances, Sharp agreed to accept Kaliyev's
proposal. Pol-Econ Chief immediately informed Kaliyev and
asked him to relay the acceptance to all the other relevant
parties among the authorities.

COURT PROCEEDINGS BEGIN


6. (C) Court proceedings in Sharp's case began in Ridder on
January 28. Somewhat surprisingly, these initial proceedings
were not closed to the public. Consular Chief and Peace

ASTANA 00000175 002 OF 002


Corps Country Director attended, along with Sharp and his
lawyers. After just 30 minutes, the proceedings were
adjourned until January 30. Sharp's lawyers believe the
proceedings might continue into the week of February 2, but
should not go on any longer than that. They plan on putting
into the record all their evidence to counter the
procurator's case, but will not file motions that might delay
an end to the proceedings. Consular Chief reported from
Ridder that he is relatively comfortable with the current
course of events. He and Peace Corps Country Director will
remain in Ridder to continue attending court sessions.

SHARP MOVED TO HOTEL


7. (C) Sharp has been moved from his residence to the hotel
where Consular Chief, Peace Corps Country Director, and the
lawyers are staying. This step was taken after police
knocked on the door of Sharp's residence very late in the
evening on January 27. Sharp will henceforth be accompanied
at all times by a lawyer or U.S. Embassy representative, to
ensure that there are no opportunities for further
provocations against him.

HOAGLAND