KAZAKHSTAN: MINISTER OF JUSTICE PRAISES COOPERATION WITH

C O N F I D E N T I A L SECTION 01 OF 03 ASTANA 000275

SIPDIS

STATE FOR SCA/CEN, EUR/RPM, DRL, INL/AAE, G/TIP

E.O. 12958: 02/26/2030
TAGS: PGOV PREL PHUM SOCI SNAR KDEM KTIP KZ
SUBJECT: KAZAKHSTAN: MINISTER OF JUSTICE PRAISES COOPERATION WITH
THE UNITED STATES, SUPPORTS AMNESTY FOR PRISONERSS

Classified By: Ambassador Richard E. Hoagland, 1.4 (B),(D)

REFTEL: ASTANA 00272


1. (C) SUMMARY: On February 25, the Ambassador met with Minister of
Justice Rashid Tusupbekov to discuss ongoing legal reforms and the
possibility of a general amnesty that could include jailed prominent
Kazakhstani human rights defender Yevgeniy Zhovtis. Tusupbekov
praised cooperation with the United States on judicial education, and
countering human and narcotics trafficking. He underlined
Kazakhstan's commitment to "humanizing" and reforming its legal
system, and said he had submitted a recommendation for an August 30
amnesty, including for those who have committed "less grave crimes"
(like Zhovtis). He promised to support the U.S. request for Helsinki
Commission staffers to visit Zhovtis in early March, and said
Kazakhstan will continue to work closely with the United States on
the annual trafficking in persons report and the bilateral Science
and Technology Agreement. Tusupbekov closed the meeting by noting
that Kazakhstan's cooperation with the United States is very
important, and said a bilateral meeting between President Obama and
President Nursultan Nazarbayev in Washington in April, if it takes
place, "could lead to opportunities for further cooperation." END
SUMMARY.

MINISTRY OF JUSTICE WORKING TO HUMANIZE THE JUSTICE SYSTEM


2. (SBU) Initially, adopting a formal style, the Minister of
Justice, Rashid Tusupbekov, opened his first meeting with the
Ambassador by enumerating a his Ministry's responsibilities and
goals. According to Tusupbekov, President Nursultan Nazarbayev
instructed the Ministry to improve the quality of their legislative
work, improve conditions for businesses to operate, and humanize the
penitentiary system.

KAZAKHSTAN DENOUNCES SOVIET LEGACY OF CRIME AND PUNISHMENT


3. (SBU) Tusupbekov spoke with conviction about the social and
economic costs to Kazakhstan of the Soviet legacy of overly punitive
legislation and sentencing, which he asserted are a legacy of the
Soviet system. The Minister noted that Kazakhstan's penitentiary
system is currently responsible for over 100,000 convicts, about
40,000 of whom are serving non-jail sentences. Tusupbekov stated
that the Kazakhstani Government established an inter-agency
commission to reform the law enforcement system, in which his
Ministry participates actively. He asserted that his Ministry is
committed to "humanization and decriminalization" of the
law-enforcement system, and said he plans to liberalize Kazakhstan's
criminal code, reduce the number of crimes punished by jail
sentences, and replace them with more humane types of punishment,
such as fines and corrective labor. Tusupbekov said these steps will
reduce the size of the prison population, and alleviate the burden on
the prison administration.


4. (SBU) Tusupbekov listed recent accomplishments, including the
opening of five new "international-standard" facilities, that
replaced Soviet-style barracks housing with cells. Finally,
Tusupbekov noted that United Nations Special Rapporteur on Torture
Manfred Novak, who will present his report on his May 2009 visit to
Kazakhstan to the United Nations Human Rights Commission next month,
said Kazakhstan is making good progress.

AMBASSADOR REITERATES U.S. SUPPORT FOR KAZAKHSTAN'S REFORMS


5. (SBU) In response, the Ambassador praised the Ministry of Justice
for its commitment to legal reforms, and thanked the Ministry for
supporting the bilateral Judicial Education Program that is training
257 judges and 600 judicial sector personnel on commercial law. The
Ambassador noted that during INL Assistant Secretary David Johnson's

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December 2009 visit, Deputy Foreign Minister Umarov said Kazakhstan
would welcome U.S. assistance on legal reform, and asked how the
United States could further assist in supporting the Ministry's legal
reforms. In addition, the Ambassador asked Tusupbekov how the U.S.
Government might be able to help the U.S.-Kazakhstan Legal
Association that Kazakhstan's Ambassador to the United States, Erlan
Idrissov, is working to establish.

CONSTITUTION DAY AMNESTY FOR ZHOVTIS?


6. (SBU) In response to the Ambassador's query about a possible
general amnesty this year, Tusupbekov confirmed that he had forwarded
his recommendation to grant amnesty to approximately 20,000 prisoners
convicted of "less grave crimes" to the Parliament and the
President's Cabinet. According to Tusupbekov, the amnesty would have
a positive social impact, since it would also include female convicts
with young children, war veterans, the disabled, and juvenile
offenders. Tusupbekov said that in his recommendation, he suggested
that it would be appropriate if the amnesty coincided with the
fifteenth anniversary of the adoption of Kazakhstan's Constitution
(August 30). However, Tusupbekov said the amnesty is now "a
political decision" that will be made by the Parliament and the
Cabinet.

MINISTER PROMISES PERSONAL SUPPORT ON ACCESS TO VISIT ZHOVTIS


7. (SBU) The Ambassador thanked Tusupbekov for granting PolOff
permission to visit Yevgeniy Zhovtis in Ust-Kamenogorsk on February
24 (reftel),and noted that it would be very helpful for bilateral
relations if the Penitentiary Committee could approve the Embassy's
pending request for two staffers from the Helsinki Commission of the
U.S. Congress to visit in early March. In reply, Tusupbekov said he
would do his best to make it happen.

MINISTER SAYS POLITICAL PARTY LEGISLATION WILL FOLLOW THE LAW


8. (SBU) The Ambassador raised the case of the Alga Party, currently
seeking registration under ratified amendments to the political party
law, commenting that he hoped this case will be resolved quickly and
in full accordance with the new law. Tusupbekov said his Ministry
will comply with the court ruling, whatever it may be.

COUNTERING NARCOTICS AND HUMAN TRAFFICKING


9. (SBU) The Ambassador thanked the Ministry of Justice for its
cooperation on countering narcotics and human trafficking, and said
we want to continue this positive work. In particular, the
Ambassador congratulated Kazakhstan for opening its first
government-supported trafficking in persons shelter in September

2009. Tusupbekov thanked the U.S. Government for helping on these
critical issues, in particular, certain training programs.
Tusupbekov mentioned that the INL-sponsored travel of a Kazakhstani
delegation headed by Vice Minister Kusdaveltov to Italy was very
useful. Tusupbekov noted that the Cabinet recently established a
three-year, 3 million tenge project to support NGOs and maintain a
call center for TIP victims. Tusupbekov added that the government
will also provide 3 million tenge for a shelter, 6 million tenge for
media campaigns against TIP, and 5 million tenge for a rehabilitation
center. He said his Ministry also utilized a $350,000 U.S. grant to
provide training to prosecutors and judges.


10. (SBU) In relation to drug trafficking, which Tusupbekov
acknowledged is a serious problem for Kazakhstan, especially because
it is a transit country for Afghan opiates, Tusupbekov said he hopes
that Kazakhstan's inter-agency Commission on Law Enforcement will
approve a proposal to set up a separate agency, similar to agencies
his experts observed in Russia, to combat drug trafficking.
Tusupbekov encouraged the U.S. Drug Enforcement Agency to open an

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office in Almaty, telling the Ambassador that the United States, with
its extensive experience, would be a good partner in combating this
evil.

SCIENCE AND TECHNOLOGY AGREEMENT


11. (C) The Ambassador also raised the issue of the bilateral
Science and Technology Agreement, the final English text of which the
Kazakhstani Government is reviewing. Tusupbekov said that since
there is a possibility that President Nazarbayev and President Obama
might meet in Washington in April, it would be in our mutual best
interests to have the agreement ready, and directed his staff
accordingly. Tusupbekov underscored that the Ministry of Justice
recognizes the benefit to Kazakhstan from cooperation with the United
States, and added, "if a meeting between our Presidents takes place,
it could lead to opportunities for further cooperation." (NOTE: In
fact, the Ministry of Education and Science has not yet transmitted
the draft to the Ministry of Justice. END NOTE.)


12. (C) COMMENT: Throughout the meeting, the Minister was
well-briefed and very engaged, taking notes, and nodding approval
during the Ambassador's remarks. Tusupbekov also appeared to be a
proactive team-player, for instance, clarifying during the meeting
which of his subordinates would follow up on key topics, including
access to visit Zhovtis, and facilitating exchange of information for
the Trafficking-in-Person's Report and the Science and Technology
Agreement. In a sometimes top-down culture, the Minister's
willingness to permit subordinates to work directly with the Embassy
is most welcome. END COMMENT.