PROGRESS IN STATUS OF ARRESTED FSNS BUT ADDITIONAL

C O N F I D E N T I A L SECTION 01 OF 02 BISHKEK 001224

SIPDIS

STATE FOR SCA/CEN

E.O. 12958: DECL: 11/23/2019
TAGS: KLIG PREL PINR ASEC PGOV KG
SUBJECT: PROGRESS IN STATUS OF ARRESTED FSNS BUT ADDITIONAL
STEPS REQUIRED

REF: (A) BISHKEK 1200 (B) STATE 117704 (C) BISHKEK
1198 AND PREVIOUS

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


1. (C) Summary: Over the weekend the SNB took steps to end
the prosecution of our local employees for "collecting secret
data." They closed the case and returned all items and
papers seized in the arrest and subsequent searches.
However, the provisions of law under which the actions were
taken do not give complete confidence that the actions are
irrevocable. We are seeking final closure of the case and
believe that the Government, clearly motivated to maintain
its relationship with the U.S., will follow through. End
Summary.


2. (C) The Ambassador had lunch, at their invitation, with
Foreign Minister Sarbayev and the head of the Central Agency
for Development, Investment and Innovation, Maxim Bakiyev, on
November 19. During the lunch, FM Sarbayev asked about dates
for the Annual Bilateral Consultations. Ambassador responded
that we did not yet have any information on dates, and that
she really did not expect that we would be able to propose
dates until the legal process against our local employees had
been terminated. Sarbayev and Bakiyev both evinced surprise
that the issue had not yet been resolved. Sarbayev noted
that the Chairman of Kyrgyz National Security Service (SNB)
had been ill for the past few days and wondered if that was
the reason why expected action had not materialized. He said
he would take action, and that we should expect to have word
the next day.


3. (C) On Saturday November 21, the SNB informed Embassy
officers and the arrested RSO FSNs, Emil Chodronov and Zamir
Abdykasymov, that the FSNs had been "exempted from criminal
liability" under Article 65 of the Kyrgyz Criminal Code. The
criminal investigation by the SNB into the FSNs had been
ceased. The FSNs had been charged under Article 302 for
collecting official secret data for transfer to foreign
organizations. The SNB returned to the FSNs all of their
personal items and all of the papers which had been seized.
The FSNs signed statements accepting the Article 65
determination, and, on the advice of counsel wrote above
their signatures that they maintained their innocence. They
have returned to full-time work at the Embassy and are no
longer under house arrest.


4. (C) We met with the lawyers for our employees on November
23 to discuss the implications of the mechanism used by the
Kyrgyz government to end the legal process. Article 65 of
the Kyrgyz Criminal Code, under which our employees were
released states that a person who committed a petty crime or
a less severe crime for the first time may be exempted from
criminal liability if the situation has changed and "the
person is no longer socially dangerous" or the crime "has
lost its socially dangerous nature." The lawyers were unsure
whether use of this article provides full, permanent
protection from prosecution. They noted that the government
has not provided any written confirmation of the decision
which has been taken, either. Therefore, they recommended
continuing with the next hearing, scheduled for November 24,
which will consider a number of their procedural and other
appeals and complaints against the government. Perhaps the
Government would take action in that hearing which would
provide confirmation that the charges have been irrevocably
dropped, they suggested.


5. (C) The Ambassador talked with the Foreign Minister on
November 24. She informed him of the lawyers' determination
and suggested that some form of written communication either
to our employees or to the USG from the Government of
Kyrgyzstan informing us that the judicial process against our

BISHKEK 00001224 002 OF 002


employees has been terminated and will not be renewed would
be necessary to put this issue finally to rest. She noted
that Washington has asked us whether there are any dates in
the second half of January or the first half of February when
the government of Kyrgyzstan could not meet for the Annual
Bilateral Consultations. He responded that Kyrgyzstan could
meet on any dates in that timeframe. He said he would
contact the Ambassador the next day to discuss further the
issue of written confirmation that the judicial process has
been irrevocably terminated.


6. (C) Comment: Sarbayev and Bakiyev have clearly been
instrumental in bringing this problem toward resolution.
From the way in which the case has progressed, it would seem
to us that it was most likely the result of misjudgments and
simple mistakes on the part of the Counter Intelligence
division of the SNB. Reversing its missteps is something
which cuts against the grain in the Kyrgyz Republic and
especially in the SNB, and use of Article 65 was likely an
attempt to get out of this dead-end without admitting to any
error on the part of the agency and its employees. What we
will keep pressing for, however, is that they find a way to
guarantee that prosecution of this case will not be renewed.
GFOELLER