06ASTANA502, KAZAKHSTAN: ASSURANCES FOR RETURN OF KAZAKHSTANI

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Reference ID Created Released Classification Origin
06ASTANA502 2006-11-08 02:21 2011-08-30 01:44 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Astana

VZCZCXRO2731
RR RUEHDBU RUEHLN RUEHVK RUEHYG
DE RUEHTA #0502/01 3120221
ZNR UUUUU ZZH
R 080221Z NOV 06 ZDK
FM AMEMBASSY ASTANA
TO RUEHC/SECSTATE WASHDC 7599
INFO RUCNCIS/CIS COLLECTIVE
RUEKJCS/SECDEF WASHDC
RHEHNSC/NSC WASHDC
RUEHAST/USOFFICE ALMATY

UNCLAS SECTION 01 OF 02 ASTANA 000502 
 
SIPDIS 
 
 
DEPARTMENT FOR S/WCI (STAMILIO), L/PM (AHAINES), SCA/CEN (M. 
O'MARA), DOD/OGC (BEAVER), OUSD/DETAINEE POLICY (LIOTTA), NSC 
(CAMPONOVO) 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PTER KAWC PINR PREL KZ
SUBJECT: KAZAKHSTAN:  ASSURANCES FOR RETURN OF KAZAKHSTANI 
DETAINEES 
 
REF:  A. State 146996, B. Almaty 3086 
 
ASTANA 00000502  001.4 OF 002 
 
 
1. (SBU) Summary:  Kazakhstan has agreed to the return of three 
citizens held at Guantanamo, and has provided written assurances 
regarding human rights and security issues.  End summary. 
 
2. (SBU) On November 7, Poloff met with Ualikhan S. Sanginkhanov, 
Head of the MFA's Division of Europe and America, Department of 
Consular Services to further discuss the Kazakhstani detainees at 
Guantanamo Bay.  Sanginkhanov had requested the meeting in order to 
pass Poloff the official Kazakhstani diplomatic note providing the 
human rights and security assurances requested in Ref A in order to 
initiate the process of the repatriation of three Kazakhstani 
detainees. 
 
3. (SBU) The original Russian-language text of the diplomatic note 
will be scanned and sent via email to SCA/CEN Marty O'Mara.  Post 
translation of the text follows. 
 
Begin text: 
 
The Ministry of Foreign Affairs presents its compliments to the 
Embassy of the United States of America in the Republic of 
Kazakhstan and in reply to the Embassy's diplomatic note No. 0976/06 
of September 18, 2006, has the honor to inform the Embassy of the 
following. 
 
The Kazakhstani side, having considered the proposal of the United 
States Government regarding the return to Kazakhstan of Kazakhstani 
citizens who are currently under the control of the U.S. Department 
of Defense at the Naval Base at Guantanamo Bay, Cuba, agrees to 
accept A.B. Abykhanov, S.T. Arupov and I.T. Batayev on the territory 
of the Republic of Kazakhstan. 
 
The Kazakhstani side, pursuant to the agreement with the American 
side of September 14, 2006, will accept Kazakhstani citizen D.I. 
Kerimbakiyev if he is not found guilty by the competent authorities 
of the United States of America. 
 
Upon acceptance of transferred persons, in order to ensure that 
there is no continued threat to the international community, the 
Republic of Kazakhstan, or the United States, the Kazakhstani side 
will take, as far as possible, all necessary and appropriate steps 
consistent with the legislation of the Republic of Kazakhstan to 
prevent the above-named Kazakhstani citizens from engaging in 
terrorist activity. 
 
Additionally, the Kazakhstani side notes that in accordance with the 
legislation of the Republic of Kazakhstan a capable citizen of 
Kazakhstan should himself bear all responsibility for his actions 
and conduct, including criminal responsibility. 
 
The Kazakhstani side will carry out necessary actions for 
identifying the transferred persons and will inform the United 
States Government in case the transferred persons seek to leave 
Kazakhstan or succeed in doing so. 
 
At the same time the Kazakhstani side notes that under Kazakhstani 
law, it would be possible to enter the transferred persons into 
appropriate national or international watch lists, restrict their 
travel outside the country, confiscate their passports or deny them 
permission to travel only in case of their prosecution in accordance 
the established procedures for committing criminal act and under the 
preventive punishment restricting their constitutional rights, 
including freedom of movement. 
 
The Kazakhstani side is ready to provide information received from 
the stated persons or in regard to them in case it poses a threat to 
the interests of the United States of America or is connected to the 
terrorist activity. The Republic of Kazakhstan will assist the 
American side in granting access to A.B. Abykhanov, S.T. Arupov, 
I.T. Batayev in case of their consent with the representative of the 
American side. 
 
The Kazakhstani side will treat transferred persons in accordance 
with the laws of the Republic of Kazakhstan and its international 
obligations including the Convention against Torture. 
 
Additionally, the Kazakhstani side is addressing a request to the 
American side to submit as soon as possible legalized and 
operational documents regarding the circumstances of detention of 
the above-named citizens of Kazakhstan in Afghanistan, their 
statements during interrogations, as well as other available 
 
ASTANA 00000502  002.4 OF 002 
 
 
information confirming their implication in terrorist activity. 
 
The Ministry of Foreign Affairs avails itself of this occasion to 
renew to the Embassy of the United States of America the assurance 
of its highest consideration. 
 
Astana 
November 6, 2006 
 
End text. 
 
4. (SBU) Kazakhstani security officials also expressed interest in 
interviewing the detainees again before a transfer.  They have been 
informed to make their request through their embassy in Washington. 
 
ORDWAY

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