Identifier
Created
Classification
Origin
09ASTANA827
2009-05-12 11:38:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Astana
Cable title:  

NEW LAW ENFORCEMENT BLOCK IN KAZAKHSTAN

Tags:  PGOV PREL PINR SNAR KCRM KTIP KZ 
pdf how-to read a cable
VZCZCXRO2042
PP RUEHAG RUEHAST RUEHBI RUEHCI RUEHDA RUEHDBU RUEHDF RUEHFL RUEHIK
RUEHKW RUEHLA RUEHLH RUEHLN RUEHLZ RUEHNEH RUEHNP RUEHPOD RUEHPW
RUEHROV RUEHSK RUEHSR RUEHVK RUEHYG
DE RUEHTA #0827/01 1321138
ZNR UUUUU ZZH
P 121138Z MAY 09
FM AMEMBASSY ASTANA
TO RUEHC/SECSTATE WASHDC PRIORITY 5401
INFO RUCNCIS/CIS COLLECTIVE 1577
RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHBJ/AMEMBASSY BEIJING 0954
RUEHKO/AMEMBASSY TOKYO 1657
RUEHUL/AMEMBASSY SEOUL 0637
RUEAIIA/CIA WASHDC
RHEFAAA/DIA WASHDC
RHEHNSC/NSC WASHDC 1139
RUEKJCS/SECDEF WASHDC 1055
RUEKJCS/JOINT STAFF WASHDC
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RUEHAST/USOFFICE ALMATY 1511
RUEAWJL/DEPT OF JUSTICE WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHDC
RHMCSUU/FBI WASHINGTON DC
RUEABND/DEA HQS WASHINGTON DC
RHMFIUU/DEPT OF HOMELAND SECURITY WASHINGTON DC 0015
UNCLAS SECTION 01 OF 03 ASTANA 000827 

SENSITIVE
SIPDIS

STATE FOR INL/AAE, SCA/CEN

E.O. 12958: N/A
TAGS: PGOV PREL PINR SNAR KCRM KTIP KZ
SUBJECT: NEW LAW ENFORCEMENT BLOCK IN KAZAKHSTAN

REF: ASTANA 0367

ASTANA 00000827 001.2 OF 003


UNCLAS SECTION 01 OF 03 ASTANA 000827

SENSITIVE
SIPDIS

STATE FOR INL/AAE, SCA/CEN

E.O. 12958: N/A
TAGS: PGOV PREL PINR SNAR KCRM KTIP KZ
SUBJECT: NEW LAW ENFORCEMENT BLOCK IN KAZAKHSTAN

REF: ASTANA 0367

ASTANA 00000827 001.2 OF 003



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


2. (U) SUMMARY: In early April, President Nazarbayev reshuffled the
heads of nearly all of Kazakhstan's law agencies. General Major
Serik Baimagambetov, a member of the Majilis (i.e. the lower house
of parliament),was named Minister of Interior, replacing Baurzhan
Mukhamedzhanov who was appointed to a seat in the Senate (i.e., the
upper house of parliament). Procurator General Rashid Tussupbekov
was named Minister of Justice, replacing Zagipa Baliyeva, who was
appointed to a seat in the Majilis. Former Supreme Court Chairman
(i.e., Chief Justice) Kairat Mami was appointed Procurator General,
replacing Tussupbekov. Supreme Court Justice Musabek Alimbekov was
named the Court's Chairman. During the reshuffle, the President
gave the new ministers orders to improve law enforcement. END
SUMMARY.


3. (U) On April 3 and 4, during meetings with the Senate, President
Nazarbayev announced a reshuffling of the heads of nearly all of
Kazakhstan's law enforcement agencies.


4. (U) At a subsequent meeting with the newly appointed law
enforcement officials, President Nazarbayev discussed his concerns
about law enforcement corruption. He said the elimination of
"unqualified people" at all levels in the government and fighting
corruption will renew the public's trust in the authorities. He
tasked the newly-appointed officials with making the necessary
changes to improve the management of the police, justice, and court
systems. Nazarbayev explained that the financial crisis has
highlighted problems in the system. High-profile crimes remain
unresolved, the fight against street crimes is going poorly, and
organized criminal organizations have stepped up their activities.
Though the Agency on Combating Economic and Corruption Crime (i.e.,
the Financial Police) has recently intensified its work, there is
still believed to be a multi-billion tenge criminal economy in
operation. The President underlined that coordinated activity of
law enforcement agencies is necessary to effectively fight crime and

announced that the Procurator General's Office (PGO) should play the
coordinating role. New Minister of Interior Baimagambetov was
tasked with strengthening public security and "striking fear in the
hearts of criminals." The President stated that the police must be
close to people and that the courts should be open to public. He
also tasked all law enforcement agencies with closely overseeing the
lawful use of government funds allocated for mitigating the effects
of the financial crisis.

SUPREME COURT CHAIRMAN


5. (SBU) New Supreme Court Chairman Musabek Alimbekov has worked in
the courts throughout his career. He previously chaired the South
Kazakhstan Oblast court and then the Almaty City Court. Immediately
before his new appointment, Alimbekov headed the Panel of Judges on
Civil Cases at the Supreme Court for three years. In one high
profile case, his panel found for civil servants who were guaranteed
housing as part of their employment contract, but had not received
it.

PROCURATOR GENERAL


6. (SBU) President Nazarbayev stressed his appointment of Kairat
Mami to be the new Procurator General was particularly important.
In his nine years Supreme Court, Chairman Mami had an opportunity to
closely study the law enforcement system. The President stressed
that Mami, as Procurator General, can strengthen the coordination of
the law enforcement system. NOTE: Constitutionally, oversight is
one of the PGO's main roles as it was in the USSR. Before this
round of appointments, there had been discussions in the government
making the PGO's future role as the coordinating agency unclear.
Representatives of INL and the Legal Attach's Office attended a
roundtable early this year at the PGO Institute regarding this very

ASTANA 00000827 002.2 OF 003


issue. END NOTE.

MINISTER OF JUSTICE


7. (U) New Minister of Justice Rashid Tussupbekov was born in 1955
in Shymkent and graduated from Karaganda State University in 1981.
He started his career as a district judge in Karaganda oblast in

1984. He served as Procurator General from 2000 to 2009. He has
published extensively on legal reform and improvement of the
judicial system. During the first meeting with the new law
enforcement heads, President Nazarbayev said that he expects that
Tusupbekov will improve the Ministry's legal drafting.

MINISTER OF INTERIOR


8. (U) New Minister of Interior General Major Serik Baimagambetov
graduated from Moscow State University in 1980 with a law degree.
From 1980 until 1990, he worked as an instructor at the Karaganda
Academy of the Ministry of Interior of the USSR (now the Karaganda
Legal Institute). From 1990 through 1992, he worked at the
Kazakhstani Section on Research of Problems in the Fight against
Crime of the Higher Scientific and Research Institute of the USSR's
Ministry of Interior. From 1992 until 1996, Baimagambetov worked in
various positions in Kazakhstan's Presidential Administration and
was Deputy Secretary of the Security Council from 1996 until 1999.
In 2001, Baimagambetov became Vice Minister of Interior and, in
2003, he became Vice Minister of Justice. In 2005, he was appointed
Deputy Chairman of the Agency on Combating Economic and Corruption
Crimes and, in 2006, was named to head the Section on Law
Enforcement and Court Systems in the Presidential Administration.
From November 2007 until his current appointment, he was a member of
the Senate


9. (U) On April 17, Baimagambetov held his first meeting with the
heads of the oblast departments of interior. He reported that there
were fewer murders, robberies, thefts and other crimes during the
first quarter of 2009. He claimed that much has been done to combat
organized crime. Joint operations with other law enforcement
agencies have disrupted the work of the "criminal world's elite,"
but that this has resulted in a new flow of mob bosses
("thieves-in-law") from Russia, Kyrgyzstan, and Georgia coming to
Kazakhstan to strengthen their positions and revive their
"traditions." He stated that 13 mafia leaders, 18 gang leaders, and
87 members of organized criminal groups had been arrested during the
quarter. The Ministry of Interior (MVD) uncovered 2,718
drug-related crimes, including 585 cases of drug sales, and seized
1.7 metric tons of drugs, including 26 kilos of heroin. The MVD is
also working more closely with civil society: over 4,000 civil
society associations and NGOs with approximately 33,000 members are
currently working with law enforcement. The MVD is also working in
schools through youth programs and school inspectors. The Minister
described the overall crime rate as stable, but admitted that the
economic situation may cause an increase in property and violent
crimes.


10. (U) Baimagambetov tasked the oblast departments with monitoring
the criminal situation and responding in a timely manner to any
increases in crime. The Minister added that the heads of the oblast
departments need to strengthen the work of their territorial and
transport subdivisions by making officers personally responsible.
He said that the Department of Interior of the Eastern Kazakhstan
oblast has done especially well cleaning up its department --
several officers have been dismissed, including the Deputy Head of
the Department. (NOTE: On April 13, the Ministry of Interior
announced that it is instituting a transparent recruitment system,
with the main criteria for selection being professionalism and
honesty. END NOTE.)

ACHIEVEMENTS OF FORMER INTERIOR MINISTER...


11. (U) Former Minister of Interior Bauyrzhan Mukhamedzhanov was

ASTANA 00000827 003.2 OF 003


appointed to that position in October 2005. He reformed the
organizational structure of the MVD by eliminating units with
overlapping responsibilities and increased the number of patrol
officers throughout the country. In June 2008, President Nazarbayev
signed into law amendments introducing tougher punishments for
drug-related crimes and clearly stipulating a division of
responsibilities between the MVD and Ministry of Justice for
correctional facilities. The MVD Committee of Internal Troops is
responsible for maintaining jails, where suspects are housed during
investigations and during trial. The Ministry of Justice is
responsible for maintaining correctional colonies, where prisoners
are able to work, and prisons. In July 2008, amendments on road
security were introduced that foresee a gradual strengthening of
penalties for traffic violations. The penalties for traffic
violations now correspond to the danger the violations pose to the
public. Comparing the statistics with the first two months of 2008,
the number of traffic accidents in the first two months of 2009 has
decreased nearly 9%.

... AND HIS FAILURES


12. (SBU) One of the MVD's most controversial decisions was the
introduction of a driver's record card in addition to the driver's
license. The card contains information about the driver, the
vehicle, and previous infractions, and allowed drivers to easily pay
penalties on the road. Initially, the cards were offered to the
public for a fee, but discussions in Parliament led to cards being
offered free of charge, which upset those who had already paid. The
MVD also faced a scandal in its Counternarcotics Committee over the
poor construction of internal narcotics checkpoints (reftel). At a
government meeting on March 31, Prime Minister Karim Masimov
criticized the MVD's draft Program on Combating Drug Trafficking and
Drug Addiction and requested the Ministry revise the plan within 30
days.

INTERNATIONAL COOPERATION


13. (U) In 2008, the MVD signed international counter-narcotics
agreements with Egypt, Croatia, Slovakia, the Russian Federation,
and the United States. The MVD was responsible for the agreement on
the establishment of the Central Asian Regional Information
Coordination Center (CARICC),which entered into force on March 22,

2009. Post provides technical assistance to the MVD on combating
narco-trafficking and trafficking-in-persons. Post's legal attache
works with the MVD in investigations.


14. (SBU) COMMENT: Recent corruption and other criminal offenses
committed by law enforcement officials in the midst of the financial
crisis have had a serious negative effect on the already negative
public image of law enforcement. There are many possible reasons
for the recent increase in the corruption-related arrests of
government officials, including competition within the senior ranks
and further struggles over the Aliyev case. If corruption has
increased, one cause may be corrupt officers with ties to senior
officials acting with impunity while their protectors spend years in
senior positions. Though none of the reshuffled officials have
themselves been accused of corruption, moving them around may in any
event be a useful means to tackle the corruption beneath them. INL
Astana has worked with the Procurator General's Office in
implementing the Crime Statistics Project; with the Ministry of
Justice in implementing the Anti Trafficking-in-Persons (TIP) and
Forensic projects; and with the Ministry of Interior in implementing
Counter-narcotics and TIP projects. Post has had successful
cooperation with the former senior management of the law enforcement
agencies and believes that cooperation will continue. INL also
hopes for fresh ideas from the newly-appointed officials. END
COMMENT.

MILAS