10ASTANA278, KAZAKHSTAN: DEMARCHE DELIVERED ON U.S. VIEWS FOLLOWING

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Reference ID	Created	Released	Classification	Origin
10ASTANA278	2010-02-26 10:08	2011-08-30 01:44	UNCLASSIFIED//FOR OFFICIAL USE ONLY	Embassy Astana

VZCZCXYZ0001
OO RUEHWEB

DE RUEHTA #0278 0571008
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TO SECSTATE WASHDC IMMEDIATE 7562

UNCLAS ASTANA 000278 
 
SENSITIVE 
SIPDIS 
 
STATE FOR SCA/CEN AND ISN/RA 
 
E.O. 12958: N/A 
TAGS: PREL PARM MNUC KNNP IR KZ
SUBJECT:  KAZAKHSTAN:  DEMARCHE DELIVERED ON U.S. VIEWS FOLLOWING 
IRAN'S DECISION TO ENRICH URANIUM TO 20% 
 
REFTEL:  STATE 15979 
(SBU) PolOff delivered the talking points (reftel) on U.S. views 
following Iran's decision to enrich uranium to twenty percent via 
diplomatic note to Ontalap Onalbayev, Chief of the Middle East 
Division of the Kazakhstani Ministry of Foreign Affairs. 
HOAGLAND

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10ASTANA276, KAZAKHSTAN: DEMARCHE DELIVERED ON DESIGNATION OF FOUR

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If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol).Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #10ASTANA276.

Reference ID	Created	Released	Classification	Origin
10ASTANA276	2010-02-26 10:01	2011-08-30 01:44	UNCLASSIFIED//FOR OFFICIAL USE ONLY	Embassy Astana

VZCZCXYZ0000
OO RUEHWEB

DE RUEHTA #0276 0571001
ZNR UUUUU ZZH
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FM AMEMBASSY ASTANA
TO SECSTATE WASHDC IMMEDIATE 7560

UNCLAS ASTANA 000276 
 
SENSITIVE 
SIPDIS 
 
STATE FOR SCA/CEN, ISN, T, TREASURY, and NEA/IR 
 
E.O. 12958: N/A 
TAGS: PREL PARM EFIN MNUC KNNP IR KZ
SUBJECT:  KAZAKHSTAN:  DEMARCHE DELIVERED ON DESIGNATION OF FOUR 
ENTITIES AND ONE INDIVIDUAL RELATED TO IRAN'S ISLAMIC REVOLUTIONARY 
GUARD CORPS UNDER EXECUTIVE ORDER 13382 
 
REFTEL:  STATE 15554 
(SBU) PolOff delivered the talking points (reftel) on the designation 
of four entities and one individual pursuant to Executive Order 13382 
via diplomatic note to Ontalap Onalbayev, Chief of the Middle East 
Division of the Kazakhstani Ministry of Foreign Affairs. 
HOAGLAND

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10ASTANA275, KAZAKHSTAN: MINISTER OF JUSTICE PRAISES COOPERATION WITH

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Reference ID	Created	Released	Classification	Origin
10ASTANA275	2010-02-26 10:00	2011-08-30 01:44	CONFIDENTIAL	Embassy Astana

VZCZCXRO4198
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RHMFISS/CDR USTRANSCOM SCOTT AFB IL

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 
 
ASTANA 00000275  002 OF 003 
 
 
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 
 
ASTANA 00000275  003 OF 003 
 
 
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.

Wikileaks

10ASTANA272, KAZAKHSTAN: ZHOVTIS UNDERSTANDABLY PESSIMISTIC ABOUT REFORM

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To understand the justification used for the classification of each cable, please use this WikiSource article as reference.

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If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol).Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #10ASTANA272.

Reference ID	Created	Released	Classification	Origin
10ASTANA272	2010-02-26 09:09	2011-08-30 01:44	UNCLASSIFIED//FOR OFFICIAL USE ONLY	Embassy Astana

VZCZCXRO4116
OO RUEHIK
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RHMFIUU/CDR USCENTCOM MACDILL AFB FL

UNCLAS SECTION 01 OF 02 ASTANA 000272 
 
SIPDIS 
SENSITIVE 
 
STATE FOR SCA/CEN, DRL, EUR/RPM 
 
E.O. 12958: DECL: N/A 
TAGS: PGOV PREL PHUM OSCE KDEM KZ
SUBJECT:  KAZAKHSTAN:  ZHOVTIS UNDERSTANDABLY PESSIMISTIC ABOUT REFORM 
 
REF: A) ASTANA 0109 
 B) ASTANA 0184 
 C) 09 ASTANA 2197 
 
ASTANA 00000272  001.2 OF 002 
 
 
¶1. (SBU) SUMMARY:  PolOff visited internationally known human rights 
activist Yevgeniy Zhovtis at the minimum-security penal colony in 
Ust-Kamenogorsk on February 24.  Zhovtis summarized his view of the 
possibilities for the resolution of his case, including the Supreme 
Court, an amnesty, or parole.  He said he would consider applying for 
a Presidential pardon, but only as a last resort.  If he is forced to 
apply for a pardon, Zhovtis said he would leave Kazakhstan for good. 
He asserted to PolOff that Kazakhstan's political and legal system 
"has become unpredictable," and he believes that it must be 
"dismantled and rebuilt."  He urged the international community to 
"respect your principles" and publicly criticize Kazakhstan when 
necessary.  Zhovtis said life in the penal colony is akin to Soviet 
army barracks:  the convicts follow a strict daily schedule for rest 
and meal times but are allowed to interact somewhat freely with the 
outside world.  END SUMMARY. 
 
OPTIONS FOR RESOLUTION 
 
¶2. (SBU) PolOff visited human rights activist Yevgeniy Zhovtis on 
February 24 at the minimum-security penal colony outside 
Ust-Kamenogorsk.  During the two-hour meeting, which was carefully 
transcribed by two penal-colony officials present in the room, 
Zhovtis said that he sees four possible resolutions to his case.  One 
is for the Supreme Court to annul his four-year sentence without 
vacating the guilty verdict (ref A).  "This would be the easiest 
option," according to Zhovtis.  The second is for the government to 
grant a general amnesty in 2010 for crimes of lesser gravity, like 
the one for which Zhovtis was convicted.  (NOTE:  Minister of Justice 
Rashid Tusupbekov told the Ambassador on February 25 that he proposed 
to the government an amnesty in 2010, but indicated that the ultimate 
decision will be with the Presidential Administration and the 
parliament (septel).  END NOTE.)  The third option is to be paroled 
before his four-year sentence expires.  Zhovtis noted, however, that 
he would not be eligible for parole until early 2011, when Kazakhstan 
will no longer be Chairman of the Organization for Security and 
Cooperation in Europe (OSCE).  The fourth is to request a 
Presidential pardon, which would require Zhovtis to admit his legal 
guilt.  Zhovtis said that if the first three legal options fail and 
he is forced to request a pardon, he would leave Kazakhstan for good 
upon his release. 
 
OFFICIALS "BLINDLY" FOLLOW ORDERS 
 
¶3.  (SBU) Zhovtis maintained that he is considering emigrating from 
Kazakhstan because "the system has become unpredictable."  Instead of 
following established rules, he argued, officials "blindly" follow 
orders from their direct supervisors, even if that means breaking the 
law.  He cited his own case as an example.  Zhovtis and his 
co-inmate, journalist Toniyaz Kuchukov, who was convicted for a 
similar crime at the same time as Zhovtis, are the only two convicts 
at the penal colony not allowed to leave the premises or find work 
outside the colony.  Zhovtis alleged that the colony administrators 
told him they had "orders from Astana" to keep him "isolated."  "Any 
attempt to argue reason (with the administration) would backfire and 
lead to a clamp-down on the whole colony," Zhovtis maintained.  He 
said his request to see an outside dentist when he developed a 
serious toothache languished for three weeks.  "At one point, they 
brought a Soviet-era dental chair into the auditorium with the idea 
that I would undergo treatment there," he related, "but of course I 
refused."  The administration eventually agreed to let him see a 
dentist outside, "with two guards in tow."  "Logic does not apply 
here," he ruefully observed. 
 
"THE SYSTEM IS NOT WORKING" 
 
¶4.  (SBU) Zhovtis argued that the political and legal system "is not 
working at all."  "I have realized here (at the penal colony) that 
attempts at (political) reform are useless, the system needs to be 
completely dismantled and rebuilt."  Zhovtis confided that he is not 
sure what direction to take his NGO Human Rights Bureau after his 
release.  One of the NGO's main tasks is to lobby the government for 
legislative reform that would bring Kazakhstan's laws in line with 
international standards.  But, he said, if those laws are not 
followed, then reform attempts are "futile.  I am not sure how to fix 
 
 
*********************** 
* Missing Section 002 * 
***********************

Wikileaks

10AQNA272, KAZAKHSTAN: ZHOVTIS UNDERSTANDABLY PESSIMISTIC ABOUT REFORM

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To understand the justification used for the classification of each cable, please use this WikiSource article as reference.

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Reference ID	Created	Released	Classification	Origin
10AQNA272	2010-02-26 09:09	2011-08-30 01:44	UNCLASSIFIED//FOR OFFICIAL USE ONLY	Embassy Astana

VZCZCXRO4118
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UNCLAS SECTION 02 OF 02 AQNA 000272 
 
SIPDIS 
SENSITIVE 
 
STATE FOR SCA/CEN, DRL, EUR/RPM 
 
E.O. 12958: DECL: N/A 
TAGS: PGOV PREL PHUM OSCE KDEM KZ
SUBJECT:  KAZAKHSTAN:  ZHOVTIS UNDERSTANDABLY PESSIMISTIC ABOUT REFORM 
 
*********************** 
* Missing Section 001 * 
*********************** 
 
 
ASTANA 02260272  002.2 OF 002 
 
 
this," he continued.  Zhovtis asserted that he fully understands the 
motivations behind "the political war" Mukhtar Ablyazov launched 
against President Nazarbayev's powerful son-in-law Timur Kulibayev. 
"Maybe this is the way to get results," he said.  (NOTE:  Ablyazov, 
the ousted former chairman of Bank Turam Alem (BTA) in self-imposed 
exile in London, has publicly accused Kulibayev of receiving major 
kick-backs from the Chinese for oil contracts signed in 2003-2005 
(ref B).  END NOTE.) 
 
"RESPECT YOUR PRINCIPLES" 
 
¶5. (SBU) Zhovtis offered the following advice to the international 
community.  "Lose your illusions," he said.  "This system will not be 
reformed quickly."  Secondly, he urged Western countries to "respect 
yourself and your principles" and to criticize Kazakhstan openly when 
such criticism is deserved.  He underlined that he was not speaking 
about his case specifically, but about the Internet law, the privacy 
law, and the trial against former director of Kazatomprom Mukhtar 
Dzhakishev (ref C).  He asserted that a new generation of 
Kazakhstanis was growing up in a "culture of legal nihilism.  What 
you (the diplomatic community) do and say behind closed doors 
certainly plays a role," he asserted, "but regular people only know 
what they see in the media." 
 
LIFE IN THE COLONY 
 
¶6. (SBU) On his living conditions, Zhovtis said the penal colony is a 
mix "between Soviet army barracks and a young pioneer camp."  He said 
he sleeps in a large dormitory with 69 other convicts.  Everyone must 
get up at 6 am, go to bed at 9:30 pm, and have their meals at 
strictly appointed times.  Most convicts perform manual jobs outside 
the penal colony, except for Zhovtis and Kuchukov, who have been 
given jobs as warehouse keepers on the compound.  There are no 
computers on the compound, even in the administrative offices, but 
the administration allows visitors to bring newspapers for the 
convicts.  (NOTE:  The guards also let PolOff bring a large stack of 
U.S. magazines for Zhovtis, although they carefully flipped through 
each one.  END NOTE.)  According to Zhovtis, opposition newspapers 
"Respublika," "Svoboda Slova," and independent newspaper "Vzglyad" 
are readily available and widely read.  Zhovtis' wife, who was in 
Ust-Kamenogorsk at the same time as PolOff, and his lawyer Vitaliy 
Voronov are able to visit him fairly frequently.  Zhovtis seems to be 
well-regarded by the guards and penal colony administration. 
 
¶7. (SBU) COMMENT: Zhovtis seemed to be in generally good spirits, 
although he is, understandably, deeply disillusioned with 
Kazakhstan's legal system.  The fact that he would consider leaving 
Kazakhstan for good, albeit only if he is forced to apply for a 
pardon, is jarring news, and it would be a serious blow to 
Kazakhstan's civil society development.  Nevertheless, Zhovtis is 
still hopeful that the Supreme Court will likely issue a positive 
decision in his case.  His lawyer filed a motion for review on 
January 27, and the Supreme Court was supposed to decide by February 
27 whether to accept the case for review.  That review period was 
extended indefinitely, however, when the court requested further 
documentation from the lower courts.  If the Supreme Court does 
accept the case, it must issue a verdict within a month.  In the 
meantime, the Kazakhstani authorities seem eager to showcase their 
transparency and are open to letting the international community 
visit Zhovtis.  Though the approval process for this visit was 
sluggish (it took six weeks), that could change as other diplomatic 
missions apply for permission to visit.  We have requested permission 
for two Helsinki Commission staffers to visit Zhovtis when they are 
in Kazakhstan March 2-10.  European missions in Astana are also 
considering sending a representative within the next month.  END 
COMMENT. 
 
HOAGLAND

Wikileaks

10ASTANA271, KAZAKHSTAN: WEEKLY SPOT-REPORT DIGEST, FEBRUARY 22-26

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If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol).Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #10ASTANA271.

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RUEKJCS/JOINT STAFF WASHDC
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RHMFISS/DEPT OF ENERGY WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RUCNDT/USMISSION USUN NEW YORK 2727
RUEHNO/USMISSION USNATO 3017
RUEHVEN/USMISSION USOSCE 2082
RUEHAST/AMCONSUL ALMATY 2353

UNCLAS SECTION 01 OF 03 ASTANA 000271 
 
SIPDIS 
SENSITIVE 
 
STATE FOR SCA/CEN, DRL, ISN, EEB, INL 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM ECON EPET ENRG SOCI SENV KNNP KCOR
KZ 
SUBJECT:  KAZAKHSTAN:  WEEKLY SPOT-REPORT DIGEST, FEBRUARY 22-26 
 
ASTANA 00000271  001.3 OF 003 
 
 
¶1.  (SBU) This weekly cable disseminates spot reports based on 
Embassy conversations with contacts as well as reports from the 
Kazakhstani media.  Our goal is to draw attention to information 
that might not merit a full cable report or that will be developed 
later. 
 
MAJOR POLICY DEVELOPMENTS:  HOLBROOKE VISITS ASTANA 
 
¶2.  (U) February 23.  Local media reported that U.S. Special 
Representative for Afghanistan and Pakistan Richard Holbrooke 
visited Astana where he met with Kazakhstan's State 
Secretary/Foreign Minister Kanat Saudabayev.  During their meeting, 
the officials discussed cooperation between Kazakhstan and the 
United States, including issues related to bilateral and 
multilateral collaboration.  Saudabayev summarized Astana's 
priorities as OSCE Chairman, including the stabilization process in 
Afghanistan, which is one of its key priorities.  The two sides also 
discussed the agenda for the upcoming meeting of President Nursultan 
Nazarbayev with President Barack Obama during Nazarbayev's visit to 
the Global Nuclear Security Summit.  (COMMENT:  The press reports 
that seem to confirm an Obama-Nazarbayev meeting are premature.  END 
COMMENT). 
 
POLOFF VISITS HUMAN RIGHTS ACTIVIST ZHOVTIS 
 
¶3.  (SBU) February 24.  Poloff travelled to a penal colony outside 
Ust-Kamenogorsk to visit imprisoned human rights activist Evgeniy 
Zhovtis.  According to Poloff, he is in relatively good spirits and 
seems to be on good terms with the prison administration.  Zhovtis 
said that he sees four possible resolutions to his case:  1) the 
Supreme Court annuls the lower court's sentence without overturning 
its guilty verdict; 2) he is granted amnesty in March, May, or July; 
3) he is released before his four-year sentence expires (NOTE: 
Zhovtis is not technically eligible for parole until early 2011, 
when Kazakhstan will no longer be OSCE Chairman-in-Office.  END 
NOTE); 4) he requests a Presidential pardon.  Zhovtis told Poloff 
that if the first three legal options fail and he is forced to 
request a pardon as a last resort, he will leave Kazakhstan for good 
upon his release.  Zhovtis also said that he is eager for outside 
news and welcomes outside visitors.  The two-hour conversation was 
carefully transcribed by two prison officials who were present at 
the meeting. 
 
MINISTER OF JUSTICE DISCUSSES THE ZHOVTIS CASE 
 
¶4.  (SBU) February 25.  The Ambassador met with Minister of Justice 
Rashid Tusupbekov to discuss the possibility of an amnesty for 
crimes of lesser gravity (which would include Zhovtis).  Tusupbekov 
said he submitted his recommendation supporting an amnesty to 
Parliament and the Presidential Administration for consideration. 
The Ambassador thanked Tusupbekov for allowing PolOff to visit 
Zhovtis, and requested the Minister's support for the Embassy's 
request to allow two Helsinki Commission staffers to visit Zhovtis 
as well.  Tusupbekov also discussed Kazakhstan's legal reform 
strategy and ongoing bilateral cooperation on judicial matters. 
Tusupbekov expressed appreciation for U.S. government assistance, 
including the Judicial Education Program, and support of Kazakhstani 
efforts on counter-narcotics and counter-trafficking in persons. 
While underscoring his Ministry's commitment to continue to work 
closely with the United States, Tusupbekov also asserted that if a 
meeting between Presidents Obama and Nazarbayev takes place in 
April, it could "open up new opportunities for further 
cooperation." 
 
MAJOR MILESTONES: BN-350 DECOMMISSIONING PROGRAM 1/12TH COMPLETE 
 
¶5.  (SBU) February 19.  The deputy director of the National Nuclear 
 
ASTANA 00000271  002.3 OF 003 
 
 
Center of Kazakhstan told Department of Energy office director that 
the spent fuel shipment portion of the BN-350 decommissioning 
program "is now 1/12th complete."  Eleven shipments remain, each 
with five casks, all which will be stored at the Baikal-1 storage 
facility before the end of 2010.  Moreover, the 30th of 60 spent 
fuel casks was staged at the rail head in Aktau, marking the halfway &
#x000A;point of the spent fuel preparation activities.  Both Baikal-1 
storage and MAEK-Kazatomprom BN-350 reactor personnel plan held 
celebrations marking the event. 
 
DUPONT'S EXPANSION IN KAZAKHSTAN 
 
¶6.  (SBU) February 22.  Foreign Commercial Service (FCS) 
representatives met with Dupont to discuss possible areas of 
business expansion including the food processing and packaging, and 
construction sectors.  Dupont reports increased sales during the 
economic crisis of their safety products, primarily purchased by the 
extractive sectors.  Finally, as a result of their meeting requested 
by the Ministry of Trade at the November 2009 Investment Forum in 
New York, Dupont and the government are in talks regarding ways to 
increase presence of the company's Pioneer line of plant genetics. 
 
MFA SIMPLIFIES VISA REGIME 
 
¶7.  (U) February 22.  The Kazakhstan TV Channel and Commercial 
Television of Kazakhstan (KTK) reported that Kazakhstan's MFA has 
promised to simplify its visa procedure starting March 1.  Foreign 
diplomats and employees of international organizations will not need 
visas, just official MFA accreditation.  A new type of visa, called 
an "exit visa," will apply to foreigners who have lived in 
Kazakhstan for a long time and decide to go back home, or have lost 
their passports while in Kazakhstan, or have been deported.  Foreign 
missionaries arriving in Kazakhstan to promote religious ideas will 
have to apply a special "missionary visa." 
 
FROM THE WIRES IN KAZAKHSTAN:  A "RESPUBLIKA" BY ANY OTHER NAME 
 
¶8.  (U) February 23.  The editors of the opposition newspaper 
"Respublika" and related newspapers ("Golos Respubliki," "Respublica 
Business Review") held a press conference on February 22 to protest 
against what they see as pressure from the authorities on 
independent newspaper printers to stop printing or selling 
"Respublika" and any of its related papers.  The editors described 
several instances when independent printers declined to print their 
newspapers.  For example, the director of a printing house in 
Karaganda contracted by "Respublika" was summoned to the mayor's 
office, shortly after which he declined to print the newspaper. 
According to the editors, these incidents have intensified after a 
February 18 ruling by the Medeu Judicial Administration, which 
ordered all printing houses and other organizations to transfer any 
payments received from "Respublika" to a depository account of the 
Judicial Administration, to be turned over to BTA Bank as 
compensation for the newspaper's debt. 
 
KAZAKHSTAN'S PLANS FOR LAW ENFORCEMENT REFORM 
 
¶9.  (SBU) On February 23, LegAtt and INL met with Alik Shpekbayev, 
Head of the Law Enforcement Section of the Presidential 
Administration, to discuss the government's plans for law 
enforcement reform.  Shpekbayev said the Presidential Administration 
is collecting, analyzing, and summarizing information on law 
enforcement systems in neighboring countries, especially Georgia, 
Armenia, the Baltic States, and the Russian Federation.  He asked 
for information about the law enforcement structure in the United 
States at all levels, including the jurisdiction of each agency and 
interaction and cooperation between agencies; the prison system, 
including alternative sentencing and how the United States manages a 
 
ASTANA 00000271  003.3 OF 003 
 
 
large prison population; basic and in-service training; crime 
statistics and how databases are maintained; performance criteria; 
and standards for determining the number of officers needed by a 
specific agency in a specific area.  When asked about the time frame 
for developing and implementing a reform plan, Shpekbayev said, "the 
sooner, the better."  INL said it would provide materials on the law 
enforcement structure in the United States and consider the 
possibility of study visits and IVLPs to the United States.  The 
Legal Attache offered to provide information on crime statistics and 
joint task forces in the United States and offered to facilitate 
study visits. 
 
FORMER DEPUTY MINISTER OF DEFENSE SENTENCED 
 
¶10.  (U) February 25.  Former Deputy Minister of Defense Kazhimurat 
Mayermanov was sentenced to 11 years in prison after being convicted 
of corruption, abuse of office, and bribe-taking, according to the 
Military Prosecutor's Office.  The court also convicted Israeli 
citizen Boris Sheinkman of fraud and bribery, sentenced him to 11 
years in prison, and confiscated his property.  In addition, the 
former acting commander of Kazakhstan's Rocket and Artillery Forces 
received a seven-year prison sentence on charges of abuse of office 
and was stripped of his military rank of colonel.  Mayermanov, who 
oversaw the Defense Ministry's research and development projects, 
was arrested on April 10, 2009, for allegedly signing unauthorized 
contracts worth $82 million with Sheinkman, who represented Israeli 
defense firms IMI and Soltam Systems.  Journalists were not allowed 
to attend Mayermanov's trial.  Partly as a result of this case, the 
Ministry of Defense has expressed a preference for using Foreign 
Military Sales channels rather than direct dialogue with 
Western/U.S. companies to procure systems such as C-130 aircraft. 
 
HOAGLAND

Wikileaks

10ASTANA270, KAZAKHSTAN: SECOND PREPARATION MEETING FOR THE 2010

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Reference ID	Created	Released	Classification	Origin
10ASTANA270	2010-02-26 08:05	2011-08-30 01:44	UNCLASSIFIED	Embassy Astana

VZCZCXRO4053
OO RUEHIK
DE RUEHTA #0270/01 0570805
ZNR UUUUU ZZH
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TO RUEHC/SECSTATE WASHDC IMMEDIATE 7547
INFO RUCNCIS/CIS COLLECTIVE 2538
RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHBJ/AMEMBASSY BEIJING 1884
RUEHKO/AMEMBASSY TOKYO 2590
RUEHUL/AMEMBASSY SEOUL 1498
RUCNDT/USMISSION USUN NEW YORK 2724
RUEHNO/USMISSION USNATO 3014
RUEAIIA/CIA WASHDC
RHEFAAA/DIA WASHDC
RHEHNSC/NSC WASHDC 2082
RUEKJCS/SECDEF WASHDC 1929
RUEKJCS/JOINT STAFF WASHDC
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RUEHVEN/USMISSION USOSCE 2080
RUEHAST/AMCONSUL ALMATY 2351

UNCLAS SECTION 01 OF 02 ASTANA 000270 
 
SIPDIS 
 
STATE FOR SCA/CEN, SCA/PPD, OES, OES/S 
 
E.O. 12958: N/A 
TAGS: ECON PGOV SENV SOCI TSPL KPAO KZ
SUBJECT:  KAZAKHSTAN:  SECOND PREPARATION MEETING FOR THE 2010 
SUSTAINABLE DEVELOPMENT CONFERENCE 
 
REF: 09 Astana 02139 
 
ASTANA 00000270  001.3 OF 002 
 
 
¶1.  SUMMARY:  Astana hosted the Second Advisory Council Meeting in 
Preparation for the Ministerial Conference on Environment and 
Development (MCED) to be held in Astana in 2010.  This year's MCED 
will focus on "green growth."  The meeting presented the MCED's 
projected schedule, which will include senior official meetings, 
ministerial meetings, side events and exhibitions.  The organizers 
want to include business and NGOs as partners and participants.  The 
MCED will have a dedicated website for interested parties to 
register online after April 15.  END SUMMARY. 
 
SECOND ADVISORY COUNCIL MEETING 
 
¶2.  The Kazakhstan Ministry of Environment, along with the United 
Nations Economic and Social Commission for Asia and the Pacific 
(ESCAP) and the Central Asian Regional Environmental Center (CAREC), 
hosted the Second Advisory Council Meeting on Preparation for the 
Ministerial Conference on Environment and Development (MCED) to be 
held in Astana in 2010.  This meeting follows the First Advisory 
Council Meeting, which took place in Astana on November 24, 2009 
(see reftel).  Ministry of Environmental Protection Department of 
Legal Policy and International Cooperation Director Alexander Bragin 
opened the Council meeting by saying that the Central Asia region is 
in a uniquely geopolitical position to further advance the process 
of European and Asian Pacific integration.  Kazakhstan, as 
Chairman-in-Office of the Organization for Security and Co-operation 
in Europe (OSCE) in 2010, has particular responsibility to promote 
sustainable economic development.  He said the MCED coincides with 
Kazakhstan's own plans to achieve sustainable development. 
Kazakhstan has already prepared allocated funds for the MCED and 
several parallel activities, and is fully committed to ensuring that 
the MCED will be a success.  Bragin said Kazakhstan's business 
community has also made a sizeable commitment, with the top 40 
enterprises collectively investing $1.2 billion toward sustainable 
development last year. 
 
MCED SCHEDULE OUTLINE 
 
¶3.  ESCAP Environment and Development Division Director Li Shaoyi 
reminded attendees that the MCED has met every five years since 
¶1985.  The MCED serves as a forum for all 62 member countries to 
review the status and trends of each member state's environment and 
economic development, assess progress, opportunities, and challenges 
in implementing their prior commitments, identify additional 
priorities, and formulate future agendas. 
 
¶4.  Li said this year's MCED objectives are to secure a commitment 
to sustainable development, assess progress to date, reduce existing 
gaps in implementing commitments, define the priorities and areas 
for cooperation, and focus on promoting "green growth."  He said 
sustainable development is the primary development strategy for the 
Asia and Pacific region, along with the sustainable use of 
resources, low carbon development, and a sustainable urban 
development strategy.  He stressed the latter, noting that many 
Asian cities have strained and overcrowded urban environments and 
uncontrolled growth. 
 
¶5.  Li outlined the MCED September 27-October 2 draft schedule, with 
the first three days for the Senior Official Segment, the last two 
days for the Ministerial Segment, and a day off in between.  The 
Senior Segment will deliberate policy and review and approve 
documents, and the Ministerial Segment will have ministerial 
statements and reports and the adoption of Senior Officials' 
reports.  In addition, there will be side events and a roundtable on 
environmental protection and economic development. 
 
MCED INVOLVES GOVERNMENT, BUSINESS, AND CIVIL SOCIETY 
 
¶6.  Central Asian Regional Environmental Center (CAREC) Executive 
Director Talaybek Makaev said the MCED will include an inter-sector 
dialogue on green growth between government, business, and civil 
society.  It will have exhibitions and expositions as side events 
 
ASTANA 00000270  002.3 OF 002 
 
 
running concurrently.  Themes will include "green and competitive," 
global and local (GloCal) green growth, sustainable ecological 
systems, green infrastructure, green decision-making, and civil 
society and green growth.  The MCED will also include a day of 
excursions and an evening reception for all representatives.  There 
will be a su
stained media campaign to highlight the event and 
broadcast it to the public. 
 
¶7.  CAREC's Program Manager Gulzhamal Issayeva presented MCED's new 
website, located at http://www.mced6.org, which will become active 
on March 15 in English and Russian.  Interested parties can register 
online for the MCED after April 15.  It will contain MCED 
publications from the conference and other relevant information. 
 
¶8.  COMMENT:  It is important that Astana will host the next MCED in 
2010, not only because it is the first time for a Central Asian 
country, but also because it highlights UN, OSCE, and European 
thoughts on Kazakhstan's rising status and leading role in Central 
Asia.  Coinciding with Kazakhstan's 2010 Chairmanship of the OSCE, 
it enhances its image as a country actively promoting sustainable 
development.  The United States is a member of MCED and will most 
likely send a delegation to Astana for the event.  END COMMENT. 
 
HOAGLAND

Wikileaks

10ASTANA268, KAZAKHSTAN: SPECIAL REPRESENTATIVE HOLBROOKE’S

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Reference ID	Created	Released	Classification	Origin
10ASTANA268	2010-02-26 05:26	2011-08-30 01:44	CONFIDENTIAL	Embassy Astana

VZCZCXRO3934
RR RUEHBI RUEHCI RUEHDBU RUEHFL RUEHKW RUEHLA RUEHLH RUEHNEH RUEHNP
RUEHPW RUEHROV RUEHSL RUEHSR
DE RUEHTA #0268 0570526
ZNY CCCCC ZZH
R 260526Z FEB 10 ZDK
FM AMEMBASSY ASTANA
TO RUEHC/SECSTATE WASHDC 7545
INFO RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUCNCIS/CIS COLLECTIVE 2537
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHBJ/AMEMBASSY BEIJING 1883
RUEHUL/AMEMBASSY SEOUL 1497
RUEHKO/AMEMBASSY TOKYO 2589
RUEHBUL/AMEMBASSY KABUL 0469
RHMFISS/CDR USCENTCOM MACDILL AFB FL
RUEAIIA/CIA WASHDC
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RHMFISS/DEPT OF ENERGY WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RHEFAAA/DIA WASHDC
RHEHNSC/NSC WASHDC 2081
RUEKJCS/JOINT STAFF WASHDC
RUEKJCS/SECDEF WASHDC 1928

C O N F I D E N T I A L ASTANA 000268 
 
SIPDIS 
 
STATE FOR SCA/CEN, S/SRAP, EUR/RPM, NEA, DRL 
 
E.O. 12958: DECL: 03/06/2059 
TAGS: PGOV PREL MARR AF KZ
SUBJECT:  KAZAKHSTAN:  SPECIAL REPRESENTATIVE HOLBROOKE'S 
MEETING WITH PRIME MINISTER MASIMOV, FEBRUARY 21 
 
REF: ASTANA 0267 
 
Classified By: Ambassador Richard E. Hoagland, 1.4 (b), (d) 
 
¶1. (U) This is an action request, see paragraph 5. 
 
¶2.  (C) Special Representative for Afghanistan and Pakistan 
Ambassador Richard Holbrooke met with Prime Minister Karim 
Masimov in Astana on February 21.  Deputy Foreign Minister 
Kairat Umarov and MFA Americas Director Askar Tazhiyev, as 
well as the Ambassador, attended the 30-minute meeting that 
was followed by a 50-minute Holbrooke-Masimov one-on-one. 
Masimov warmly welcomed Holbrooke and thanked him for 
visiting Kazakhstan, noting Astana's desire for more, and 
more frequent, very high-level meetings. 
 
¶3.  (C) In the 30-minute meeting, Holbrooke: 
 
-- pressed for Kazakhstan to move quickly to grant the U.S. 
request for a north-south overflight route to supply U.S. 
troops in Afghanistan; 
-- made clear that the withdrawal of some U.S. troops from 
Afghanistan that would begin in July 2011 should not be 
interpreted as a sign that the United States is wavering on 
its commitment to Afghanistan.  He said we would not repeat 
the mistakes of 1989, after the Soviet withdrawal from 
Afghanistan, when the United States abandoned Afghanistan and 
curtailed our relationship with Pakistan.  Holbrooke said, 
"We are not leaving!" 
 
¶4.  (C) During the 50-minute one-on-one, Holbrooke and 
Masimov discussed the Nuclear Security Summit (NSS), the 
possible OSCE summit, the U.S. request for north-south 
overflight, our request for armored but not weaponized 
wheeled military vehicles (MATVs) to transit Kazakhstani 
territory via the Northern Distribution Network, and the need 
to release imprisoned human rights activist Yevgeniy Zhovtis. 
 In a discussion of possible sequencing of moves, Holbrooke 
said that, at a minimum, Kazakhstan should approve the 
north-south overflight request before the NSS.  (NOTE:  In a 
subsequent meeting (reftel), State Secretary-Foreign Minister 
Kanat Saudabayev revealed that approval to transit MATVs 
would be one of the deliverables Nazarbayev would take prior 
to the NSS.  END NOTE.)  Masimov expected Zhovtis to be 
released after the proposed Obama-Nazarbayev meeting 
presumably in the general amnesty expected in the summer. 
 
¶5.  (C) ACTION REQUEST:  Also, Masimov told Holbrooke that at 
the request of former Israeli Prime Minister Ehud Olmert, he 
will visit Lebanon and Jordan in March.  Holbrooke said he 
would ask NEA to provide, through Amb. Hogland, background 
papers for the Prime Minister,s trip.  (COMMENT:  It is 
unusual for Masimov to travel officially outside of 
Kazakhstan, and even more so for him to undertake a 
diplomatic mission.  We will also follow up with the Israeli 
Embassy in Astana.  END COMMENT). 
 
¶6.  (U) Ambassador Holbrooke has cleared this cable. 
HOAGLAND

Wikileaks

10ASTANA267,

WikiLeaks Link

To understand the justification used for the classification of each cable, please use this WikiSource article as reference.

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If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol).Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #10ASTANA267.

Reference ID	Created	Released	Classification	Origin
10ASTANA267	2010-02-26 05:19	2011-08-30 01:44	CONFIDENTIAL	Embassy Astana

VZCZCXRO3929
RR RUEHBI RUEHCI RUEHDBU RUEHFL RUEHKW RUEHLA RUEHLH RUEHNEH RUEHNP
RUEHPW RUEHROV RUEHSL RUEHSR
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ZNY CCCCC ZZH
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TO RUEHC/SECSTATE WASHDC 7542
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RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RHMFISS/DEPT OF ENERGY WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHINGTON DC
RHEFAAA/DIA WASHDC
RHEHNSC/NSC WASHDC 2078
RUEKJCS/JOINT STAFF WASHDC
RUEKJCS/SECDEF WASHDC 1925

Zhovtis worth less to the opposition out of jail than in jail – Wikileaks
 
Almaty. April 12. KazTAG – Kazakhstani human rights activist Evgeny Zhovtis worth less to the opposition out of jail than in jail, according to the documents received by KazTAG from Wikileaks.
“SRAP R. Holbrooke told Saudabayev that the imprisonment of human rights activist Yevgeniy Zhovtis is one of the pressing issues affecting Kazakhstan's bilateral relationship with the United States. He told Saudabayev that Zhovtis has become a symbol for the opposition in Kazakhstan, “a fact that he certainly understands and exploits.” Holbrooke said that if Zhovtis could be released by presidential pardon, that would reduce his symbolic value, since "he is worth less to the opposition out of jail than in jail”, reads the cable from the US embassy in Kazakhstan to State department on February 26, 2010.
On Zhovtis, Saudabayev agreed that “neither you nor we need this problem”. But he said that this is an issue of principle. "We must respect the independence of our judicial system," he said. "If we make an exception to the law for Zhovtis," he claimed, "then 200 others with similar sentences will demand to be released from prison as well. They are watching to see if the government of Kazakhstan will be pressured into releasing Zhovtis." He also said that as a human rights activist, "Zhovtis never came under any political pressure" to cease his activities. Saudabayev said that Zhovtis unfortunately killed a man, was tried and sentenced by a court of law, and now must serve his four-year sentence. According to Saudabayev, "the law worked exactly the way it was designed." 
Attempting to draw a parallel, Saudabayev added that he admired the "persistence" of the U.S. judicial system in its persistent attempts to get film director Roman Polanski, "even though he was forgiven by the victim." Holbrooke took strong exception, noting that Polanski fled justice, escaped the law, and has been living free despite his conviction by a U.S. court. 
Special Representative for Afghanistan and Pakistan Ambassador Richard Holbrooke met State Secretary-Foreign Minister Kanat Saudabayev on February 21 to discuss Kazakhstan's support for operations in Afghanistan, including North-South polar-route overflights, the ground transit of wheeled and armored but not weaponized non-lethal military vehicles, Afghan police training, and other bilateral assistance. Holbrooke also strongly urged the government to consider a presidential pardon for imprisoned human rights activist Yevgeniy Zhovtis, discussed Kazakhstan's request for a bilateral meeting with the President in April.

Wikileaks