Identifier
Created
Classification
Origin
09ASTANA545
2009-03-30 09:12:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Astana
Cable title:
KAZAKHSTAN: ADVOCACY GROUP ADDRESSES LETTER TO THE
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UNCLAS SECTION 01 OF 02 ASTANA 000545
SENSITIVE
SIPDIS
STATE FOR SCA/CEN, DRL
E.O. 12958: N/A
TAGS: PGOV PHUM SOCI KDEM KPAO KZ
SUBJECT: KAZAKHSTAN: ADVOCACY GROUP ADDRESSES LETTER TO THE
SECRETARY REGARDING "TASZHARGAN" LIBEL CASE
REF: (A) ASTANA-ALMATY OFFICIAL-INFORMAL EMAIL, MARCH 25
(B) ASTANA-ALMATY OFFICIAL-INFORMAL EMAIL, MARCH 24
(C) ASTANA 0479
(D) ASTANA 0431
UNCLAS SECTION 01 OF 02 ASTANA 000545
SENSITIVE
SIPDIS
STATE FOR SCA/CEN, DRL
E.O. 12958: N/A
TAGS: PGOV PHUM SOCI KDEM KPAO KZ
SUBJECT: KAZAKHSTAN: ADVOCACY GROUP ADDRESSES LETTER TO THE
SECRETARY REGARDING "TASZHARGAN" LIBEL CASE
REF: (A) ASTANA-ALMATY OFFICIAL-INFORMAL EMAIL, MARCH 25
(B) ASTANA-ALMATY OFFICIAL-INFORMAL EMAIL, MARCH 24
(C) ASTANA 0479
(D) ASTANA 0431
1. (U) Sensitive but unclassified. Not for public Internet.
2. (U) This is an action request. Please see paragraph 4.
3. (SBU) An ad-hoc advocacy group of journalists and NGO activists
sent a letter via public mail received at Embassy Astana to the
Secretary, expressing concerns about a libel suit filed by Roman
Madinov, a member of the Mazhilis (the lower house of parliament),
against the opposition newspaper "Taszhargan." Para 5 contains an
English-language translation of the full text of the letter, which
also requests that we deny Madinov entry to the United States. As
reported in refs C and D, Madinov filed a libel suit against
"Taszhargan" for an op-ed article that described him as a "land
baron" and claimed that he had become a parliamentarian solely to
advance his private business interests. On February 26, an Almaty
appellate court ordered "Taszhargan" to pay Madinov 30 million tenge
(approximately $200,000) in damages, increasing ten-fold the
original fine imposed by a lower-level court in January. The
letter, which eight journalists and NGO activists signed, asserts
that libel suits like Madinov's "threaten independent journalists
and the freedom of the press in Kazakhstan."
4. (SBU) ACTION REQUEST: Post requests Department concurrence for
the Ambassador to respond to the letter on the Secretary's behalf.
None of the letter's signatories are prominent media or civil
society figures, and none are known to post. The Ambassador's
response would stress that we are closely watching the "Taszhargan"
case, and underline that in our ongoing dialogue with the
government, we have urged Kazakhstan to continue its cooperation
with the OSCE and ODIHR in bringing its laws, including its media
legislation, fully in line with OSCE standards. Since the group
also asks us to deny Madinov entry to the United States, the
Ambassador's response would explain that the U.S. visa regime is set
by legislation which clearly lays out the permitted grounds for visa
refusals. END ACTION REQUEST.
5. (SBU) Begin text of letter:
To Secretary of State Hillary Rodham Clinton
Dear Madame Secretary:
Romin Rizovich Madinov, a member of the Mazhilis of the Parliament
of the Republic of Kazakhstan, filed a lawsuit against an
independent reporter from the "Taszhargan" newspaper regarding an
article from April 24, 2008 entitled "Poor 'Latifundist'" with a
claim of compensation for moral damages in the amount of 300 million
tenge. R.R. Madinov resolutely turned down a proposal for a
peaceful settlement of the case. On January 16, 2009, a court ruled
that the newspaper and the author of the article should pay
compensation in the amount of 3 million tenge. The court ignored
the motion from the defense attorney, Ganna Krasilnikova of the Adil
Soz Foundation, to submit the text of the article for review by a
commission of experts.
On February 26, 2009, an Almaty city court reviewed the appeal (of
the defense) and ruled that a total of 30 million tenge should be
paid by the newspaper and the author. This ruling, which
immediately entered into legal force, will be appealed in a
higher-level court. After the case goes through all judicial stages
in the Republic of Kazakhstan, an appeal will be filed with
international judicial institutions. We express our joint support
to the author of the article.
We would like to draw your attention to the fact that lawsuits
against newspapers and journalists have become instruments of
persecution and infringement on freedom of speech in Kazakhstan.
Seven lawsuits have been filed against the "Taszhargan" newspaper.
Their satisfaction will paralyze operation of this independent media
ASTANA 00000545 002 OF 002
outlet. R.R. Madinov's lawsuit sets a precedent for large-scale
persecution of independent journalists and media. It is a threat to
freedom of speech and the development of democracy in the Republic
of Kazakhstan.
We ask you to consider a possibility of banning entry visas to the
U.S. for R.R. Madinov.
Signatories:
Bakhytzhan Toregozhina, organization Ar.Ruh.Hak
Nurgul Malik, organization Ar.Ruh.Hak
Alikhan Ramazanov, organization Shanyrak
Sapura Zhusupova, organization Shanyrak
Zhanar Kasymbekova, organization Ar.Ruh.Hak
Eduard Nazarov
Zhazira Abdeldaeva
Korlan Dzhumasheva
End text of letter.
HOAGLAND
SENSITIVE
SIPDIS
STATE FOR SCA/CEN, DRL
E.O. 12958: N/A
TAGS: PGOV PHUM SOCI KDEM KPAO KZ
SUBJECT: KAZAKHSTAN: ADVOCACY GROUP ADDRESSES LETTER TO THE
SECRETARY REGARDING "TASZHARGAN" LIBEL CASE
REF: (A) ASTANA-ALMATY OFFICIAL-INFORMAL EMAIL, MARCH 25
(B) ASTANA-ALMATY OFFICIAL-INFORMAL EMAIL, MARCH 24
(C) ASTANA 0479
(D) ASTANA 0431
1. (U) Sensitive but unclassified. Not for public Internet.
2. (U) This is an action request. Please see paragraph 4.
3. (SBU) An ad-hoc advocacy group of journalists and NGO activists
sent a letter via public mail received at Embassy Astana to the
Secretary, expressing concerns about a libel suit filed by Roman
Madinov, a member of the Mazhilis (the lower house of parliament),
against the opposition newspaper "Taszhargan." Para 5 contains an
English-language translation of the full text of the letter, which
also requests that we deny Madinov entry to the United States. As
reported in refs C and D, Madinov filed a libel suit against
"Taszhargan" for an op-ed article that described him as a "land
baron" and claimed that he had become a parliamentarian solely to
advance his private business interests. On February 26, an Almaty
appellate court ordered "Taszhargan" to pay Madinov 30 million tenge
(approximately $200,000) in damages, increasing ten-fold the
original fine imposed by a lower-level court in January. The
letter, which eight journalists and NGO activists signed, asserts
that libel suits like Madinov's "threaten independent journalists
and the freedom of the press in Kazakhstan."
4. (SBU) ACTION REQUEST: Post requests Department concurrence for
the Ambassador to respond to the letter on the Secretary's behalf.
None of the letter's signatories are prominent media or civil
society figures, and none are known to post. The Ambassador's
response would stress that we are closely watching the "Taszhargan"
case, and underline that in our ongoing dialogue with the
government, we have urged Kazakhstan to continue its cooperation
with the OSCE and ODIHR in bringing its laws, including its media
legislation, fully in line with OSCE standards. Since the group
also asks us to deny Madinov entry to the United States, the
Ambassador's response would explain that the U.S. visa regime is set
by legislation which clearly lays out the permitted grounds for visa
refusals. END ACTION REQUEST.
5. (SBU) Begin text of letter:
To Secretary of State Hillary Rodham Clinton
Dear Madame Secretary:
Romin Rizovich Madinov, a member of the Mazhilis of the Parliament
of the Republic of Kazakhstan, filed a lawsuit against an
independent reporter from the "Taszhargan" newspaper regarding an
article from April 24, 2008 entitled "Poor 'Latifundist'" with a
claim of compensation for moral damages in the amount of 300 million
tenge. R.R. Madinov resolutely turned down a proposal for a
peaceful settlement of the case. On January 16, 2009, a court ruled
that the newspaper and the author of the article should pay
compensation in the amount of 3 million tenge. The court ignored
the motion from the defense attorney, Ganna Krasilnikova of the Adil
Soz Foundation, to submit the text of the article for review by a
commission of experts.
On February 26, 2009, an Almaty city court reviewed the appeal (of
the defense) and ruled that a total of 30 million tenge should be
paid by the newspaper and the author. This ruling, which
immediately entered into legal force, will be appealed in a
higher-level court. After the case goes through all judicial stages
in the Republic of Kazakhstan, an appeal will be filed with
international judicial institutions. We express our joint support
to the author of the article.
We would like to draw your attention to the fact that lawsuits
against newspapers and journalists have become instruments of
persecution and infringement on freedom of speech in Kazakhstan.
Seven lawsuits have been filed against the "Taszhargan" newspaper.
Their satisfaction will paralyze operation of this independent media
ASTANA 00000545 002 OF 002
outlet. R.R. Madinov's lawsuit sets a precedent for large-scale
persecution of independent journalists and media. It is a threat to
freedom of speech and the development of democracy in the Republic
of Kazakhstan.
We ask you to consider a possibility of banning entry visas to the
U.S. for R.R. Madinov.
Signatories:
Bakhytzhan Toregozhina, organization Ar.Ruh.Hak
Nurgul Malik, organization Ar.Ruh.Hak
Alikhan Ramazanov, organization Shanyrak
Sapura Zhusupova, organization Shanyrak
Zhanar Kasymbekova, organization Ar.Ruh.Hak
Eduard Nazarov
Zhazira Abdeldaeva
Korlan Dzhumasheva
End text of letter.
HOAGLAND