Identifier
Created
Classification
Origin
09BISHKEK1193
2009-11-09 09:50:00
CONFIDENTIAL
Embassy Bishkek
Cable title:  

EMBASSY FSNS RELEASED TO HOUSE ARREST BUT CHARGES

Tags:  KLIG PREL PINR ASEC PGOV KG 
pdf how-to read a cable
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FM AMEMBASSY BISHKEK
TO RUEHC/SECSTATE WASHDC IMMEDIATE 2795
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RUEHVEN/USMISSION USOSCE IMMEDIATE 3634
RUCNDT/USMISSION USUN NEW YORK IMMEDIATE 3027
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C O N F I D E N T I A L SECTION 01 OF 03 BISHKEK 001193 

SIPDIS

DEPT FOR SCA/CEN (GORKOWSKI)
DEPT FOR L/DL
DOJ FOR OFL (ROBERT HOLLIS)

E.O. 12958: DECL: 11/09/2019
TAGS: KLIG PREL PINR ASEC PGOV KG
SUBJECT: EMBASSY FSNS RELEASED TO HOUSE ARREST BUT CHARGES
REMAIN

REF: A. STATE 114174

B. BISHKEK 1171

C. BISHKEK 1165

D. BISHKEK 1163

E. BISHKEK 1162

F. BISHKEK 1148

Classified By: Ambassador Tatiana C. Gfoeller for Reasons 1.4 (b) and (
d).

C O N F I D E N T I A L SECTION 01 OF 03 BISHKEK 001193

SIPDIS

DEPT FOR SCA/CEN (GORKOWSKI)
DEPT FOR L/DL
DOJ FOR OFL (ROBERT HOLLIS)

E.O. 12958: DECL: 11/09/2019
TAGS: KLIG PREL PINR ASEC PGOV KG
SUBJECT: EMBASSY FSNS RELEASED TO HOUSE ARREST BUT CHARGES
REMAIN

REF: A. STATE 114174

B. BISHKEK 1171

C. BISHKEK 1165

D. BISHKEK 1163

E. BISHKEK 1162

F. BISHKEK 1148

Classified By: Ambassador Tatiana C. Gfoeller for Reasons 1.4 (b) and (
d).


1. (C) Summary: The two arrested RSO local employees were
released to house arrest but the criminal case against them
continues. A meeting with Maxim Bakiyev, son of President
Bakiyev appears to have generated movement on the part of the
government to resolve the issue. Following the Bakiyev
meeting and a separate meeting with Foreign Minister
Sarbayev, the Kyrgyz National Security Service released
equipment seized from the homes of the local employees. The
Security Service still possesses, however, Embassy documents
seized from the residences of our local employees.
Throughout the process of arrest, detention, and home
searches, the authorities violated dozens of judicial and
legal procedures, together with the human rights of the
employees. End Summary.


2. (C) On the morning of November 9, the National Security
Service (SNB) notified the Embassy that the two RSO local
employees, Emil Chodronov and Zamir Abdykasymov, would be
released from detention and placed under house arrest. After
several hours of discussions with the authorities, including
an open court hearing, Chodronov and Abdykasymov were
released to the RSO in the late afternoon. The authorities,
however, have indicated that the charges against the Embassy
employees have not been dropped and that the criminal case
will continue. Chodronov and Abdykasymov will remain at home
for the next several days as the Embassy and their lawyers
work to determine the conditions of their release. The
Ambassador spoke to Chodronov and Abdykasymov upon their
release. Both men are in good physical and mental health and
extremely grateful for the Embassy's and Washington's efforts
to obtain their release.

Maxim Bakiyev Gets Involved
--------------


3. (C) Maxim Bakiyev, son of President Bakiyev and newly

appointed head of the Central Agency for Development,
Investment and Innovation, met with us at our request on
November 5 to discuss the arrest of the RSO local employees.
Bakiyev was visibly surprised when informed of their arrest
two weeks previous. He clearly understood our point that the
arrest would seriously damage bilateral relations. He
promised to work the issue and get back to us the next day,
"or in two days, at the latest."

Sarbayev The Interlocutor
--------------


4. (C) Foreign Minister Kadyrbek Sarbayev called the
Ambassador to request an "immediate" meeting at noon on
November 6 (a local holiday). As the Ambassador was out of
the city, the DCM met with Sarbayev. Sarbayev said that he
had spoken with Maxim Bakiyev, noting that Bakiyev could not
resolve this issue himself, but that the SNB was now prepared
to return to the Embassy "your equipment." DCM noted that
not only the equipment, but also all the papers taken from
the Chodronov and Abdykasymov residences related to their
work for the U.S. Embassy are archives inviolable under the
Vienna Convention "wherever they may be." Sarbayev said that
the SNB is arguing that the papers belonged to Chodronov and
Abdykasymov, and not the Embassy. DCM noted that only the
Embassy could positively determine which papers are part of
our archives, and that they should be returned to us to make

BISHKEK 00001193 002 OF 003


that determination.


5. (C) Sarbayev said that the return of the equipment should
be considered a first step toward resolution of this issue.
DCM agreed, but noted that the next step needed to be the
freeing of our employees and the return of Embassy documents.
The appeal of the detention order would be heard by the
court on Wednesday, November 11, and our employees should
certainly be freed then, if not before. Sarbayev nodded in
agreement, but did not respond verbally.


6. (C) Sarbayev asked that the Embassy agree to meet with
"interested parties" in the government to discuss this case
and the activities of our local employees. DCM agreed that
such a meeting would be useful. While the Embassy and our
employees have acted in good faith in cooperating with the
Ministry of Interior, at its request, on investigations
related to visa fraud in the past, it certainly was in the
interest of both of our governments to have an agreed
understanding of our roles in such investigations. A meeting
would contribute to such mutual understanding. Sarbayev
suggested that the meeting take place on November 10. The
Ambassador followed up with Sarbayev later that day, at which
time essentially the same points were reiterated by both
sides.

Equipment Returned
--------------


7. (C) On November 6, GRPO received a call from the
International Division of the SNB requesting a meeting at SNB
headquarters to turn over the seized Embassy equipment. GRPO
and RSO went to SNB and received our laptop and two cameras,
as well as computers and other computer equipment belonging
to our employees and their families which had been seized
pursuant to a search warrant in the case. No documents were
returned, a point which RSO protested.

Violations Of Human Rights And Of Legal Procedure
-------------- --------------


8. (C) The lawyers have filed some 40 protests, appeals, and
complaints referring to issues ranging from the violation of
their clients, fundamental human rights (such as being
detained without charge - no charging documents have yet been
provided to the lawyers),to violations of various court and
legal procedures of a more technical nature. According to
the list of complaints, the SNB investigators obstructed our
employees' access to lawyers; confiscated items from our
employees' homes without providing a list of equipment and
documents taken; attempted to conduct additional home
searches without warrants; and limited lawyer access to
conversations through a dividing glass. These complaints are
in direct violation of Kyrgyz judicial and legal procedures.
Some of those complaints were reviewed by a judge in a closed
court proceeding, and we understand that the judge was
critical of the Government's actions. In one instance, the
filing of the complaints resulted in a change in procedures
for direct access to our employees without the hindrance of a
glass divider.

Comment
--------------


9. (C) It does appear that, while Maxim Bakiyev did not
directly resolve this issue, his influence has prompted a
series of events which culminated in the release of our
Embassy employees to house arrest. Whereas the SNB had
previously apparently not responded at all to Sarbayev, it
has now implicitly admitted to having seized Embassy archives
in violation of the Vienna Convention and has released our
employees from detention. We will need to continue to press
hard for the dropping of charges and the return of our

BISHKEK 00001193 003 OF 003


documents. The change in circumstances makes it necessary to
revise the letter from Assistant Secretary Blake to Foreign
Minister Sarbayev provided by Department ref a. We will
provide a new draft via email. The release of our employees
is certain to have a very positive impact on FSN morale at
Post.
GFOELLER