KAZAKHSTAN: SIX MONTHS AFTER THE ANTI-CORRUPTION DECREE

UNCLAS SECTION 01 OF 04 ASTANA 001915

SENSITIVE
SIPDIS

STATE FOR INL/AAE, SCA/CEN

E.O. 12958: N/A
TAGS: PGOV PINR SOCI KCRM KCOR KZ
SUBJECT: KAZAKHSTAN: SIX MONTHS AFTER THE ANTI-CORRUPTION DECREE

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REFTEL: ASTANA 1773


1. (U) Sensitive but unclassified. Not for public internet.


2. (SBU) SUMMARY: The anti-corruption decree signed by President
Nazarbayev six months ago tasked the government with drafting
legislation to improve anti-corruption measures. A series of
high-profile corruption investigations may show the government's
commitment to fighting corruption, but has also caused concerns in
some quarters about law enforcement's ability to conduct effective
investigations, while staying politically neutral and respectful of
the rule of law. Nevertheless, Kazakhstan used the International
Anti-Corruption Conference in Astana September 16-18 as a platform
to declare its commitment to fighting corruption. END SUMMARY.

PRESIDENTIAL ANTI-CORRUPTION DECREE


3. (SBU) President Nazarbayev issued a decree on April 22 directing
the government to pursue a broad range of anti-corruption measures.
The decree is meant to give both government officials and those
working for state-controlled companies personal responsibility for
preventing corruption. The decree also foresees disciplinary action
against those who do not report corruption. The decree also directs
the government to encourage citizens to report corruption.


4. (SBU) As part of corruption-prevention measures, officials will
be required to report their property holdings while employed by the
government and for a period following their service if the value of
the property exceeds their official income. Law-enforcement
agencies will conduct undercover operations within ministries to
root out corruption at all levels. All government agencies will
have to maintain databases of personal and professional information
on all employees, including any investigations and disciplinary
actions. In an effort to curb corporate corruption, government
agencies will be required to identify positions with a high
corruption risk and to develop special applicant requirements.


5. (U) One of the most important aspects of the decree is an initial
attempt to eliminate conflicts of interests within the government.
Kazakhstani law previously had no prohibition on conflicts of
interest, and government procurement procedures had no built-in
protections. The decree establishes a period of time that
government officials cannot work for commercial companies over which
their ministries or agencies had oversight. The Presidential
Commission on Corruption must now analyze and monitor corruption, as
well as develop anti-corruption measures. Legislation to implement
the decree remains in draft at the Ministry of Justice.


6. (U) This decree is not the only anti-corruption initiative. A
working group in the Parliament is studying legislation drafted by
the Financial Police to increase its ability to fight corruption.
The legislation would require confiscation of property -- in
addition to imprisonment -- of government officials convicted of
embezzlement, operation of shell companies, or other abuses of
power. The legislation would also add fraud committed by state
officials to the list of corrupt practices due to corrupt officials'
claims in some cases that they committed fraud when accepting
bribes, because they could not deliver on promises made in exchange
for the bribe. The legislation will also provide criminal liability
for legal entities.


7. (U) Furthermore, the decree addresses the need to strengthen
anti-corruption measures within law enforcement. Unified selection
criteria for law-enforcement job applicants will be developed
similar to the eligibility requirements for other government
positions. Newly hired officers will be required to serve a
probationary period. In recognition of the need for higher salaries
to prevent law enforcement corruption, officers will receive raises
across the board.

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8. (U) The Financial Police will have concurrent jurisdiction with
the Committee for National Security (KNB) for corruption and abuse
of power cases against political appointees. However, the Financial
Police will have sole jurisdiction in all cases against other
governmental employees.

RESPONSES TO THE DECREE


9. (U) Soon after the decree, the Prosecutor General's Office (PGO)
chaired a Coordination Council meeting of all law-enforcement
agencies. Participants decided to create a Secretariat with a
representative from each law-enforcement agency and to ensure that
the Coordination Council takes an active role in coordinating
high-profile corruption investigations. The PGO announced that the
decree not only addresses the current problems of frequent
corruption cases, but also will allow for a systematic approach to
combat corruption. The PGO also stressed the need for civil
society, the government, and mass media to unite in their efforts.
Additionally, the PGO stated that it is increasing its role in
protecting the rights of citizens by reviewing all recent court
decisions to ensure fair treatment of defendants and appropriate
sentencing.


10. (U) The Chairman of the Financial Police expressed his pleasure
with the decree, highlighting the fact that his agency will now have
more work. This development marks a sharp change from November 2008
when President Nazarbayev attacked the anti-corruption work of law
enforcement and proposed the creation of a new anti-corruption force
in a speech at a seminar. Despite the subsequent rumors about the
future of the Financial Police, the expansion of its jurisdiction
and the reported satisfaction of the President with the intensity of
its recent anti-corruption efforts indicate that the Financial
Police has little to worry about.

STATISTICS AND ONGOING CORRUPTION CASES


11. (SBU) During the first nine months of 2009, the Financial Police
investigated 1,303 cases, which is a 4.8% increase over the same
period last year. Of those investigations, 356 were bribery cases,
a 39.5% increase (from 255 to 356). The Financial Police's
corruption investigations of high profile public officials include
two Vice-Ministers and the Minister of Environmental Protection, two
Deputy Chairmen of the Statistics Agency, the Chairman of the Water
Resources Committee of the Ministry of Agriculture, and a
Vice-Minister of Emergency Situations.


12. (SBU) At the opening of an INL-funded FBI training course at the
Financial Police Academy on October 12 (septel),Deputy Chairman of
the Financial Police Andrey Lukin shed light on the most recent
corruption investigations. On October 2, Vice-Minister of Emergency
Situations Ablai Sabdalin was arrested for conspiracy to provide a
bribe. During the investigation, the Financial Police used video
surveillance for three months and gained the cooperation of the
Ministry's Director of the Technical and Material Support
Department, who was asked by the Vice-Minister to pay the bribes on
his behalf. The Director was placed in witness protection after
the Vice-Minister's arrest.


13. (U) Anatoliy Ryabtsev, Chairman of the Ministry of Agriculture's
Water Resources Committee, is currently on trial for abuse of power,
embezzlement, and bribery. The investigation into Ryabtsev was
jointly conducted by the Financial Police and KNB. Ryabtsev pled
guilty to only some of the KNB charges and not guilty to the
Financial Police charges. The Financial Police filed the bribery
case after Ryabtsev attempted to pay officers $40,000 to close an
embezzlement investigation.


14. (U) On October 16, former Minister of Environmental Protection

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Nurlan Iskakov was sentenced to four years imprisonment for abuse of
power. He was found not guilty on charges of leading an organized
criminal group, which made it impossible to prove related charges
against two Vice-Ministers. The Vice-Ministers were found guilty on
charges of neglect of duty.

RESULTS, BUT AT WHAT COST?


15. (SBU) There has been, however, a public backlash against the
Financial Police, who have been criticized for the poor quality of
their investigations, use of weak evidence, and violations of legal
procedures. When pressured to enhance their results early on, the
Financial Police only increased their operational tempo, without
improving investigative methods. In a recent high-profile case, the
publisher of the opposition newspaper "Respublica" has accused the
Financial Police of searching its offices and seizing property
without a warrant during a libel case.


16. (SBU) The KNB has also been criticized for its actions in the
arrest of Kazatomprom Director Mukhtar Djakishev. Djakishev's
attorney and family have publicly accused the KNB of denying him his
right to have an attorney and to communicate with his family.
Independent mass media representatives have also complained of
pressure from law-enforcement agencies, including the KNB.


17. (SBU) The passage of the anti-corruption decree also increased
the competition among law-enforcement agencies and has led to the
arrest of law-enforcement officers, such as the KNB's arrest of the
Chief of the Financial Police of the North Kazakshtan Oblast for
soliciting a $120,000 bribe for not investigating a case. Other
negative consequences from increased competition include a
disagreement between Financial Police and traffic police officers
that led to a brawl in a restroom at the Department of Interior. In
order to resolve the issue, the Minister of Interior and Chairman of
the Financial Police had to agree on the creation of a special
interagency group. The increased tempo has also caused some
consternation throughout the government and public statements from
all quarters. Yerlan Karin, the Executive Secretary of the
President's Nur Otan Party, complained about a plan to send KNB
officers to KazAgro to oversee the use of $1 billion in state aid.
Minister of Health Zhaksylyk Doskaliyev responded to complaints
about doctors accepting "gratuities" by proposing to legalize the
practice and provide separate cashiers in hospitals to collect
gratuities from patients.

ANTI-CORRUPTION CONFERENCE


18. (SBU) An international anti-corruption conference was held in
Astana September 16-18, 2009. The conference was extremely
important for the Financial Police to demonstrate its progress and
lead role in the fight against corruption. The Financial Police
noted that the Government of Kazakhstan's plans to ratify the "Civil
Law Convention on Corruption," "Criminal Law Convention on
Corruption," and the Council of Europe's "Convention on Laundering,
Search, Seizure and Confiscation of the Proceeds from Crime and on
the Financing of Terrorism." Chairman of the Financial Police
Kairat Kozhamzharov bragged about the 100% conviction rate of the
many high-level government officials arrested. (NOTE: The event
was political in nature with all participants confirming their
commitments to good governance and fighting corruption and no
agreement on effective measures against corruption. END NOTE.)

A CAUTIONARY TALE


19. (SBU) Transitioning from a post-Soviet culture of corruption to
institutionalized equality under rule of law will be an uphill
battle. Things did not work out well for Alpamys Bekturganov, one
of the first whistle-blowers, who was in prison two months after
accusing his boss, Akim (governor) of the Western Kazakhstan Oblast

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Baktykozha Izmukhambetov. Bekturganov, an advisor the Akim,
referred to the anti-corruption decree when he publicly accused
Izmukhambetov of nepotism and corruption crimes. Law-enforcement
agencies, including the Committee for National Security (KNB),
accepted evidence but did not file charges. Bekturganov was fired,
taken to court by Izmukhambetov for slander, and sentenced to one
year in prison. He was also sentenced to an additional three years
for embezzlement of $800 used to publish a book.


20. (SBU) COMMENT: Competing theories exist about the recent
increase in anti-corruption activities. From one side, it appears
that the Financial Police reacted to the President's criticism and
are attempting to prove their value. However, many theorize that
some in the government are using the Financial Police and KNB as a
weapon in an internal political battle. At the same time, they note
the efficacy of this weapon due to the alleged pervasiveness of
corrupt practices (reftel). In truth, there might be "a little from
column A, and a little from column B." Despite these problems, INL
has established a good working relationship with both the Financial
Police and its Academy and is providing technical assistance to
increase its professionalism and improve its ability to fight money
laundering and terrorism financing while respecting the rule of law.
END COMMENT.

HOAGLAND