ENDING THE FSN CONTROVERSY, AND MAKING THE PRESS

S E C R E T SECTION 01 OF 02 BISHKEK 001244

SIPDIS

STATE FOR SCA/CEN

E.O. 12958: DECL: 12/21/2019
TAGS: KLIG PREL PINR ASEC PGOV KG
SUBJECT: ENDING THE FSN CONTROVERSY, AND MAKING THE PRESS

REF: BISHKEK 1224 AND PREVIOUS

Classified By: Charge D'Affaires Larry L. Memmott, for Reasons 1.4 (b)
and (d).


1. (U) Summary: In a series of meetings with several Kyrgyz
government interlocutors over the past week, we have pressed
for a document from the government formally ending, or
notifying the USG of a final ending, of the criminal process
against our two local employees, arrested by the National
Security Service in October. We have received indications
that such a document will be forthcoming, but have not yet
received it. Meantime, Russian website segodnia.ru broke the
story of the arrests on December 2, in an anti-American
screed full of errors, but accurately naming one of our local
employees. End Summary.


2. (C) We met on the evening of November 24 with Maxim
Bakiyev to discuss moving forward the bilateral Economic
Development Fund (septel). In the course of the discussion,
Bakiyev asked about the status of the issue related to our
local employees. We told him that it is not yet fully
resolved; that we need a document from the government,
perhaps a diplomatic note, formally stating that the criminal
process against our employees has been permanently ended.
Bakiyev clearly understood the need for such a document and
said he would "work with the Foreign Minister to help him
provide such a document."


3. (C) Sarbayev called the Embassy and asked for a meeting
"immediately" the next day. During the meeting he said he
was concerned because the legal process was continuing in the
Kyrgyz courts as the lawyers of our FSNs proceeded with the
numerous procedural challenges and appeals they had filed.
It was a matter of time before this case leaked into the
press, "which will do none of us any good." We told Sarbayev
that our employees had received nothing more than an oral
statement from the SNB investigator to the effect that they
would not face criminal charges. They had received no
written confirmation whatsoever. Further, their lawyers had
informed us that under the provision of law used to release
them it is not clear that charges could not be reinstated at
a later date. That being the case, we felt we had no choice
but to continue to protect the legal rights of our employees.


4. (C) Sarbayev responded by emphasizing, again, the
importance of keeping the case quiet. We told him that if we
were to receive a diplomatic note which clearly stated that
the case against our employees had ended for good, we would
be able to end legal action. Sarbayev said that it would
take some work, but he expected he could provide such a
document. To do that, he said, he would need us to end legal
proceedings immediately. We agreed to explore that
possibility and get back to him.


5. (C) RSO met with the lawyers the evening of November 25
to review the status of the case and ask their opinion. The
lawyers said that they could withdraw their protests and
complaints without prejudice, reintroducing them at a later
date if that became necessary. We requested that they do so,
and informed the FM that they would do so.

Into the Press
--------------


6. (U) On December 2, Russian web site segodnia.ru published
a one page article on the case. Identifying its principal
source as someone in the "special structures of Kyrgyzstan"
(presumably the National Security Service, SNB),the article
contains a mix of correct facts, errors, and anti-American
statements. Most of the facts of the case itself are
correct, and the site actually identifies by name RSO FSN
Emil Chodronov. The descriptions of high level USG-Kyrgyz
Government meetings related to the case suggest the source

BISHKEK 00001244 002 OF 002


may have been in the lower reaches of the SNB, aware in
general of the conversations, but without an accurate
understand of who the players were or how the meetings took
place.


7. (S) GRPO met with SNB contacts on December 1 and raised
the need for a document ending the case. SNB agreed and
promised to communicate with the Foreign Ministry to move the
issue forward.


8. (C) Comment: We have been expecting word of this case to
get to the press. With the legal process over and our
employees out of custody, it is relatively easy to describe
the case as a matter of misunderstanding without going into
details. Post will forward proposed press guidance via email
today. In the meantime, FM Sarbayev has been in Greece this
week. We will approach him upon his return to ask about
progress on a diplomatic note (or other document) putting
this episode finally behind us.
MEMMOTT