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.

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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