KAZAKHSTAN: HUMAN RIGHTS COMMISSION CHAIRMAN TELLS

UNCLAS SECTION 01 OF 02 ASTANA 000433

SENSITIVE
SIPDIS

STATE FOR SCA/CEN, DRL

E.O. 12958: N/A
TAGS: PGOV PHUM SOCI OSCE KDEM KZ
SUBJECT: KAZAKHSTAN: HUMAN RIGHTS COMMISSION CHAIRMAN TELLS
AMBASSADOR HIS PRIORITIES

REF: (A) ASTANA 0431
(B) ASTANA 0351
(C) ASTANA 0067


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


2. (SBU) SUMMARY: In a cordial March 10 introductory meeting with
the Ambassador, the Presidential Human Rights Commission (HRC)
Chairman Saginbek Tursunov explained that his organization's primary
role is to provide advice on and implement President Nazarbayev's
policies related to human rights. The HRC's current top priority is
to prepare Kazakhstan for its 2010 OSCE chairmanship by insuring
that its system of human rights protection is in line with
international standards. Tursunov noted that Kazakhstan is the only
CIS country to have released its own baseline report on human rights
and to have begun compiling an annual human rights report. He
believes that there is a general lack of understanding among the
population on how to pursue redress for human rights violations.
The Ambassador noted that the recent libel judgment against the
opposition paper "Taszhargan" raised significant concerns among
civil society and the international community, and he also
encouraged the HRC to work towards decriminalizing libel.
Separately, HRC Secretary Tatsemir Abishev reassured the Ambassador
that the Commission is keeping a close eye on several high profile
human rights cases. END SUMMARY.

COMMISSION'S ROLE WITHIN THE PRESIDENTIAL ADMINISTRATION


3. (SBU) On March 10, the Ambassador met with Presidential Human
Rights Commission (HRC) Chairman Saginbek Tursunov and the HRC
Secretary Tatsemir Abishev. Tursunov told the Ambassador that the
Commission has 21 members, which include several ministers,
parliamentarians, and leading civil society activists. The HRC's
Secretariat, which consists of three full-time members, runs the
Commission's day-to-day operations. The HRC also has a Council of
Experts, a sub-committee body with NGO participants, including Human
Rights Bureau head Yevgeniy Zhovtis and Charter for Human Rights
leader Zhemis Turmagambetova. Tursunov explained that the HRC's
primary role is to provide advice on President Nazarbayev's policies
related to human rights. A second institution -- the Ombudsman's
office -- is charged with defending the rights of individual
Kazakhstani citizens.

LOOKING FOR GLOBAL BEST PRACTICES


4. (SBU) Tursunov said that the HRC's current top priority is to
prepare Kazakhstan for its 2010 OSCE chairmanship and to assure that
Kazakhstan's system of human rights protection meets international
standards. To this end, the HRC has studied the experiences of
European, Asian, and Middle Eastern countries and "borrowed" the
elements most applicable to Kazakhstan. Tursunov emphasized to the
Ambassador that Kazakhstan is the only CIS country to have compiled
its own baseline report on human rights, which was released two
years ago, and to have begun publishing its own annual human rights
report, the first of which was released last year. He said the
State Department's annual Human Rights Report is "certainly useful,"
but suggested that it might benefit "from a broader range of
opinions and sources."


5. (SBU) Tursunov said that most of the concerns heard by the HRC
deal with what citizens perceive to be unfair decisions by the
courts. He clarified that the HRC does not generally get involved
in court cases, but noted that the Commission did provide input for
three cases that were eventually favorably reviewed by the Supreme
Court. There is a dearth of knowledge among the population about
how to pursue redress for human rights violations, Tursunov
admitted, which is why the HRC has created a digital library on its
website that lists which government agency is best suited for
handling various complaints.

AMBASSADOR RAISES "TASZHARGAN" CASE


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6. (SBU) Tursunov lamented that the years of Soviet rule "erased
the tradition of justice and human rights" that existed in
pre-Soviet Kazakhstan. The Ambassador stressed that the HRC's work
can go a long way to restoring those traditions. He praised the
wide range of views present in the country's print media, but noted
that one "Soviet habit" that Kazakhstan could stand to loose is
criminalization of libel. The Ambassador also raised the recent
civil libel judgment against "Taszhargan," noting that many in civil
society and the international community see the damage award levied
against the paper as disproportionate and excessive (ref A).
Tursunov was familiar with the "Taszhargan" case and said that while
the HRC does not get involved in court cases, it does try to let the
courts know its opinion. "Sometimes things go wrong," he admitted.
He agreed with the Ambassador that one way to avoid such problems is
to decriminalize libel. Tursunov expressed hope that he and the
Ambassador could have regular meetings. The Ambassador warmly
welcomed this suggestion.

HRC KEEPS AN EYE ON HIGH-PROFILE CASES


7. (SBU) HRC Secretary Abishev used the opportunity of walking the
Ambassador to his car to reassure him that the Commission is paying
close attention to several cases of interest to the Embassy. He
reminded the Ambassador that the HRC argued against the contentious
draft religion law that the Constitutional Council recently ruled
unconstitutional, and confided that the HRC spoke against the court
decision -- since overturned -- sentencing Unification Church
missionary Elizaveta Drencheva to two years in prison(ref C). He
said the HRC has been closely watching the recent cases of several
physical attacks against Kazakhstani journalists (ref B).

HOAGLAND