EMBASSY FSNS RELEASED TO HOUSE ARREST BUT CHARGES

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