06ASTANA34, KAZAKHSTAN: ALGA LOSES SUIT AGAINST MOJ, PLANS APPEAL

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Reference ID Created Released Classification Origin
06ASTANA34 2006-04-21 04:51 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Astana

VZCZCXRO0101
PP RUEHDBU RUEHLN RUEHVK RUEHYG
DE RUEHAST #0034 1110451
ZNR UUUUU ZZH
P 210451Z APR 06
FM USOFFICE ASTANA
TO RUEHC/SECSTATE WASHDC PRIORITY 0109
INFO RUEHTA/AMEMBASSY ALMATY PRIORITY 0103
RUCNCIS/CIS COLLECTIVE
RUEHBUL/AMEMBASSY KABUL 0021
RUEHVEN/USMISSION USOSCE 0047
RUEHAST/USOFFICE ASTANA 0111

UNCLAS ASTANA 000034 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPARTMENT FOR SCA/CEN (J. MUDGE) AND DRL/PHD (C. KUCHTA-HELBLING) 
 
E.O. 12958: N/A 
TAGS: KDEM PGOV PREL KZ
SUBJECT: KAZAKHSTAN: ALGA LOSES SUIT AGAINST MOJ, PLANS APPEAL 
 
 
1.  (SBU) SUMMARY:  On April 20, the Astana city court ruled 
against opposition movement Alga's lawsuit to overturn a 
decision by the Ministry of Justice (MOJ) denying Alga's 
registration as a political party.  Alga had claimed that the 
MOJ had erred in disqualifying at least a third of the 
signatures in Alga's registration petition.  Alga plans to file 
an appeal of the decision to the Supreme Court.  END SUMMARY. 
 
2. (U) On July 23, 2005, Alga, an opposition movement comprised 
largely of one faction of the disbanded Democratic Choice of 
Kazakhstan (DCK) party, held a formal meeting to propose 
founding a new party.  Alga filed required registration 
paperwork with the MOJ on September 22, 2005.  Alga included a 
list of 62,178 founding members, above the minimum statutory 
requirement of 50,000.  Under the law, the MOJ has 30 days to 
review political party applications and to announce a decision. 
On October 22, the MOJ suspended the Alga registration process 
on the grounds that more time was needed to check names 
submitted for the party list.  In response, Alga filed a lawsuit 
claiming that this suspension was a politically-motivated, 
illegal extension of the registration deadline.  The MOJ 
continued with namechecks while the suit was pending, eventually 
determining that at least 20,000 of the names submitted were 
ineligible.  (Note: While press reports put the number at 
20,000, Alga representatives claim 30,000 signatures were at 
issue. End note.)  The MOJ notified Alga on February 20 that its 
registration was denied for insufficient number of founding 
members. 
 
3. (U) The Astana city court sided with Alga in its April 11 
preliminary determination that the MOJ had insufficient evidence 
for disqualification for the majority of rejected names.  Of the 
contested signatures, the MOJ was only able to prove that 400 
were improper.  The MOJ withdrew the materials that it had 
provided to the court to contest the bulk of the signatures. 
Based on this ruling, many observers believed that Alga would be 
registered as having met legal requirements in its September 
2005 filing.  However, the court's verdict, announced April 20, 
upheld the legality of the MOJ registration committee's denial 
of Alga's registration application. 
 
4. (SBU) Under the law, Alga has 15 days to appeal this ruling 
to the Supreme Court.  Alga's Astana representative Mauken 
Omarov indicated to Post's political assistant that the party 
planned to appeal the decision.  Post has requested a copy of 
the decision for review. 
 
5. (SBU) COMMENT: While seen as a negative development by Alga 
leaders, the April 20 ruling does not necessarily mean that Alga 
will not ultimately be registered.  The court determined that 
the MOJ's initial denial was not illegal.  Presumably, however, 
if Alga resubmits its application with sufficient signatures, 
the MOJ would not be obligated by the ruling to deny the 
application.  END COMMENT. 
 
TRACY

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