10AQNA272, KAZAKHSTAN: ZHOVTIS UNDERSTANDABLY PESSIMISTIC ABOUT REFORM

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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
OO RUEHIK
DE RUEHTA #0272/02 0570909
ZNR UUUUU ZZH
O 260909Z FEB 10
FM AMEMBASSY ASTANA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 7553
INFO RUCNCIS/CIS COLLECTIVE 2544
RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHBJ/AMEMBASSY BEIJING 1890
RUEHKO/AMEMBASSY TOKYO 2596
RUEHUL/AMEMBASSY SEOUL 1504
RUEKJCS/JOINT STAFF WASHDC
RUEAIIA/CIA WASHDC
RHEFAAA/DIA WASHDC
RUEKJCS/SECDEF WASHDC 1935
RHEHNSC/NSC WASHDC 2088
RHMFIUU/CDR USCENTCOM MACDILL AFB FL

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 
 
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* Missing Section 001 * 
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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

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