KAZAKHSTAN: AMBASSADOR DISCUSSES PEACE CORPS CASE

S E C R E T SECTION 01 OF 03 ASTANA 000381

SIPDIS

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

E.O. 12958: DECL: 03/03/2034
TAGS: PGOV PREL CASC KZ
SUBJECT: KAZAKHSTAN: AMBASSADOR DISCUSSES PEACE CORPS CASE
WITH PRESIDENTIAL ADMINISTRATION HEAD MUSIN

REF: A. ASTANA 0373

B. ASTANA 0175

C. ASTANA 0135

D. ASTANA 0055

E. 08 ASTANA 2576

F. 08 ASTANA 2410 (NOTAL)

Classified By: Ambassador Richard E. Hoagland, 1.4 (b) and (d)


1. (S) SUMMARY: The Ambassador met with Presidential
Administration head Aslan Musin on March 3 to discuss the
criminal case against Peace Corps volunteer Anthony Sharp.
Musin said the case is a small issue and agreed we should
avoid it becoming a major bilateral irritant. However, he
maintained that Sharp had, in fact, committed violations of
the law, and rejected the notion that the case is a political
provocation. He nevertheless expressed concern about
Sharp's situation - acknowledging that his family must be
very worried -- and said he hoped everything works out for
him. Several hours after the Musin meeting, the MFA's Talgat
Kaliyev requested his own meeting with the Ambassador.
Kaliyev told the Ambassador that Foreign Minister Tazhin was
upset with the results of the Musin meeting. The Ambassador
should not have given Musin non-papers stating we believe
Sharp was caught up in a political provocation and that he is
innocent of the most serious charges against him, Kaliyev
contended. He urged the Ambassador to take a different
approach with President Nazarbayev. The Ambassador
explained that he met with Musin at the recommendation of
another senior official -- State Secretary Saudabayev -- and
that it is important Musin is fully briefed because he is
close to the President. END SUMMARY.

SHARP CASE IMPORTANT TO BILATERAL RELATIONSHIP


2. (C) The Ambassador met with Presidential Administration
head Aslan Musin on March 3 to discuss the case of Peace
Corps volunteer Anthony Sharp. The Ambassador briefed Musin
on all the latest developments, including his discussions
with Foreign Minister Tazhin (Ref A),and provided Musin with
two non-papers on the case that we have previously given
officials in the Presidential Administration. He explained
to Musin that we want the case resolved in accordance with
the Kazakhstani government's commitment to us -- i.e., that
Sharp be given a suspended sentence and deported -- and avoid
having the case become a major irritant in the bilateral
relationship, especially at the beginning of a new
Administration.


3. (C) Musin thanked the Ambassador for all the information.
He said the Sharp case is a small issue, but it nevertheless
is important for the bilateral relationship. He agreed we
should prevent it from becoming a major problem. However,
Musin maintained that according to the Kazakhstani
government's information, Sharp has committed violations of
the law -- though taking into account the bilateral
relationship, a court did issue a decision to release him
from jail. Musin said the Ambassador's direct involvement in
requesting the release played a big role in the decision to
grant it. He said he hoped Sharp's attorneys take all the
Ambassador's points into account in their appeal of the
verdict, and argued that a lot will depend on the
professionalism of the lawyers. Musin emphasized that the
case will proceed with strict adherence to Kazakhstani law.

MUSIN REJECTS NOTION OF "POLITICAL PROVOCATION"


4. (S) Musin then noted that our non-papers stated that we
believe Sharp was caught up in a political provocation. He
stressed that he disagreed with this characterization,
saying, "I want you to explain what you mean, because I'm not
aware of any political organizations in Kazakhstan that would
entrap him." The Ambassador responded that the non-paper was
not aimed at criticizing Kazakhstan, that we recognize the
importance of all Americans in Kazakhstan following the law,
and admit that Sharp committed a legal violation by

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trespassing into a restricted area. However, the explosives
charge against Sharp looks very suspicious to us. The
Ambassador stressed that he is not a lawyer and thus does not
want to argue the legal details, but said he would be pleased
to provide Musin with the transcripts from Sharp's trial --
just like Musin gave us transcripts from another court case
(i.e., the trial against Rakhat Aliyev). These transcripts
would make clear why we came to our point of view about the
Sharp case.

THE FATE OF A HUMAN BEING IS WHAT MATTERS


5. (C) Musin agreed that because neither he nor the
Ambassadors are lawyers, there was no need to get into the
intricacies of the case; rather, what matters is the fate of
a human being, who both sides are concerned about. "I think
we need to take advantage of all the possibilities in our law
to provide him relief. His family must be worried about
him." The Ambassador explained he had personally spoken to
Sharp's parents. They are concerned about their son, but
agreed with the importance of keeping the case out of the
media. He then noted that the Peace Corps will soon be
celebrating its 50th anniversary, and explained that there
have not been many occasions in the organization's history
when a single volunteer commanded such high-level political
attention.


6. (S) Musin responded, "I'm very aware of the Peace Corps'
mission, and have plenty of information about the
organization, from my own personal knowledge and from our
organs" -- meaning the Committee for National Security (KNB)
-- "and I understand the Peace Corps does noble deeds around
the world, but incidents do happen, because people are
people, and I don't want to generalize this situation. We are
talking specifically about Sharp's fate, and I hope that
everything works out for him." "As for bilateral relations,"
he continued, "they will keep on developing, though lots will
depend on how we interpret various incidents. The highest
levels of our government do not know of any political
organization that wants to harm the bilateral relationship.
We recognize the critical role the United States plays in
world." Musin added that the Kazakhstani government wants
its laws observed not just by its own citizens, but also by
foreigners residing in Kazakhstan. The Ambassador said he
agreed foreigners must obey local law. He thanked Musin for
his personal attention to the case.

TAZHIN UNHAPPY WITH RESULTS OF MUSIN MEETING


7. (S) Approximately two hours after the Musin meeting, the
MFA's Talgat Kaliyev phoned to ask that the Ambassador meet
with him later in the day. At a late afternoon meeting on
March 3, Kaliyev told the Ambassador that Foreign Minister
Tazhin was unhappy with the results of the Musin meeting.
Kaliyev said there was no reason to have given Musin the
non-papers stating we believed the case against Sharp is a
provocation, and that he is innocent of the most serious
charges. "You should have just expressed your thanks for
Musin's assistance, and promised that this won't happen
again. This has complicated my own situation. Please don't
take this approach with President Nazarbayev." "Musin called
me directly," Kaliyev continued, "and asked why the issue of
provocation was raised. Maybe he expected to hear something
different. It's a question of mentality. This is the kind
of thing you can tell me, but not everyone."


8. (C) "I'm not a judge or prosecutor," Kaliyev explained, "I
just want to protect the bilateral relationship. Tazhin put
me personally in charge of the case. I'm directly in touch
with all the officials in Ridder and with Sharp's lawyers.
Tazhin yelled at me about what happened today with Musin. I
promised him the U.S. Embassy will follow all the appropriate
judicial procedures. Please just follow my lead for the next
few weeks."


9. (C) The Ambassador responded that he had been asked to

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meet with Musin by another senior official -- i.e., by State
Secretary Saudabayev -- and that he regretted that the Musin
meeting might have caused a problem for Tazhin. He also
pushed back, noting that we had followed the MFA's guidance
all along and had been very surprised when our agreement fell
apart and Sharp was sentenced to prison. The Ambassador
nevertheless reiterated his thanks for the important role
Tazhin played in getting Sharp released from jail. It is
important that Musin be briefed on the case too, given that
he is close to Nazarbayev, he explained. The Ambassador
said his approach with Nazarbayev would of course be
different, should Nazarbayev agree to his request for a
meeting to discuss the case. (NOTE: As explained in Ref A,
Tazhin recommended the Ambassador seek such a meeting with
Nazarbayev. END NOTE.)
HOAGLAND