KAZAKHSTAN: PENITENTIARY COMMITTEE CHAIRMAN SAYS ZHOVTIS

UNCLAS SECTION 01 OF 02 ASTANA 002153 SENSITIVE SIPDIS STATE FOR SCA/CEN, EUR/RPM, DRL E.O. 12958: N/A TAGS: PGOV PREL PHUM SOCI KDEM KZ SUBJECT: KAZAKHSTAN: PENITENTIARY COMMITTEE CHAIRMAN SAYS ZHOVTIS IS BEING TREATED LIKE ANY OTHER CONVICT REF: ASTANA 02141 ASTANA 00002153 001.2 OF 002 ¶1. (U) Sensitive but unclassified. Not for public Internet. ¶2. (SBU) SUMMARY: On December 14, the DCM met with Meiram Ayubayev, Chairman of the Penitentiary Committee, to discuss Zhovtis' November 13 statement, in which he alleges pressure to sign a contract to work in a penal colony enterprise (ref A). He also complained the authorities refused to grant him permission to live outside the colony. In the perfunctory meeting, Ayubayev reported that all decisions about work assignments conform to Kazakhstan's Criminal Code. He further assured the DCM that Zhovtis has been, and will continue to be, "treated exactly like any other convict" under Kazakhstani law. Ayubayev said the penal colony admonished Zhovtis for his refusal to fulfill his legal obligation to work in the penal colony enterprise. Ayubayev further stated that Zhovtis' action renders him ineligible to live in a privately-owned or rented residence outside of the penal colony. Ayubayev asserted Zhovtis currently is not required to work due to a dental problem, but did not offer any further information about other potential developments in relation to Zhovtis' terms of imprisonment. END SUMMARY. THE LAW DICTATES EVERYTHING ¶3. (SBU) In a December 14 introductory meeting with the DCM, Meiram Ayubayev, Chairman of the Penitentiary Committee, said the Criminal Executive Code governs the issues of job assignments and residence outside the penal colony. Ayubayev insisted on reading all relevant sections of the law, beginning with Section 3-1, which states the prison administration's authority to employ convicts within corrective facilities. When employment within penal colony enterprises is not available, the prison administration can allow employment outside the facility if the penal colony administration and the employee agree and sufficient supervision is available. WORK IS A CONVICT'S DUTY ¶4. (SBU) According to Ayubayev, the law does not require consideration of a convict's skills when determining work assignments. He again underlined that the law does not allow a convict to work outside the colony if available works exists within a penal colony enterprise. "There is no alternative to a job in the penal colony -- it is a convict's duty," Ayubayev firmly told the DCM. Ayubayev, who highlighted his personal acquaintance with Zhovtis from Zhovtis' work as a human rights defender, asserted the significant efforts of the penal colony administration to take into account Zhovtis' skills when offering him a position in the colony's factory and glass products business. "We did not expect Zhovtis to do physical labor," Ayubayev explained, "therefore, on November 10, after his quarantine for the flu ended, we offered him intellectual work, specifically, the position of an engineer responsible for work and safety issues." "JUST LIKE ANY OTHER INMATE" ¶5. (SBU) Ayubayev explained that Article 99 of the Criminal Executive Code states the requirement for convicts to work in the places and positions, which the penal colony administration determines. He underlined that refusal, or suspension of, work is a serious violation that can result in punishment. Ayubayev told the DCM that Zhovtis was treated, in accordance with Article 99, like any other convict. "After Zhovtis refused to work, on November 18, we admonished him," explained Ayubayev. REFUSAL TO WORK RESPONSIBLE FOR HOUSING DECISION ¶6. (SBU) According to Ayubayev, this admonition sealed Zhovtis' fate. Citing Article 125, he said that penal colony authorities may allow convicts, who do not break the rules, to live in privately-owned or rented residences adjacent to the penal colony. Ayubayev chose not to comment on whether penal colony authorities could overlook an admonition. Instead, he asserted that the prison colony will not allow Zhovtis to live outside of the penal colony due to the admonition on his record. ASTANA 00002153 002.2 OF 002 TIME-OFF FOR DENTISTRY AND A CONJUGAL VISIT? ¶7. (SBU) Ayubayev mentioned Zhovtis is currently not required to work due to treatment for a dental problem and visitation by his wife. Ayubayev did not offer any further response to the DCM's inquiry about potential future developments in relation to Zhovtis' terms of imprisonment. (COMMENT: Despite Ayubayev's attempt to portray everything related to Zhovtis' case as a natural progression of the application of the law, he appeared somewhat frustrated at having to justify Zhovtis' treatment. Ayubayev seemed genuinely uncertain about what would happen next. Penal colony authorities, and the Chairman of the Penitentiary Committee, might be hoping that Zhovtis' dental problem, and his wife's visit, will allow them to avoid taking any further action. END COMMENT.) ZHOVTIS' TREATMENT IS NOT CONTROVERSIAL ¶8. (SBU) Ayubayev, who worked as a police officer in the Almaty regional police for 17 years before gradually "moving up through the ranks" of the Interior Ministry, holds a legal degree. Clearly well prepared for the meeting, he had a number of documents, particularly legal articles, highlighted in front of him and brought along four aides. Ayubayev said the government of Kazakhstan is well aware of Zhovtis' position within Kazakhstan's -- and the international -- human rights community and understands the reflection of the situation on Kazakhstan. "I read you legal articles from our Criminal Code to show you that the law, and our treatment of Zhovtis, is not controversial in any way. We must treat Zhovtis in the same way we would treat any other convict," Ayubayev declared. ¶9. (SBU) When the DCM expressed her thanks for the start of a frank dialogue, Ayubayev relaxed and welcomed further discussion at any time. Ayubayev told the DCM that his Penitentiary Committee has no authority over Zhovtis' imprisonment conditions, because the penal colony makes all individual decisions. He asserted that the Committee is only responsible for the establishment of broad policies -- in accordance with the law. In response to the DCM's inquiry about a visit by U.S. officials if requested by Zhovtis, his family, and his lawyers, Ayubayev stated "in principle, there should be no problem," but highlighted the need to send the request through the Ministry of Foreign Affairs or the Prosecutor General's Office. HOAGLAND