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C O N F I D E N T I A L SECTION 01 OF 03 BISHKEK 001706 
 
SIPDIS 
 
SIPDIS 
 
DEPT FOR SCA/FO AND SCA/CEN 
DEPT PLEASE PASS TO USAID/ENE AND GC 
ASTANA PASS TO ALMATY FOR USAID - L. TAZEWELL 
 
E.O. 12958: DECL: 12/01/2016 
TAGS: PGOV PREL KDEM KG
SUBJECT: KYRGYZ PROSECUTOR INVESTIGATING NDI, IRI, AND IFES 
 
REF: BISHKEK 1701 (NOTAL) 
 
BISHKEK 00001706  001.2 OF 003 
 
 
Classified By: Amb. Marie L. Yovanovitch, Reasons 1.4 (b) and (d). 
 
¶1. (C) SUMMARY:  The Procurator General's office separately 
summoned the National Democratic Institute (NDI), 
International Republican Institute (IRI) and IFES on November 
15, 24, and 27, respectively, to discuss their programs, 
activities, funding, and relation with USAID.  IRI and IFES 
were called back on December 1.  An embassy officer 
accompanied to each meeting.  The prosecutor demanded a long 
list of documents from each organization detailing their 
sources of funding, local activities and programs, staff, and 
payments toward the social fund.  The prosecutor's office 
also sent a letter to USAID directly requesting copies of 
USAID's contracts and other agreements with NDI, IRI and 
IFES.  The Embassy has sent a diplomatic note requesting an 
explanation for the investigation, and the Ambassador has met 
with PM Kulov November 30, and with Deputy Chief of Staff 
Sadyrkulov and FM Jekshenkulov December 1 to raise our 
concerns.  We are very concerned over this harassment of our 
democracy NGOs, and we will continue to raise this at the 
highest levels of government to try to get it stopped.  We 
recommend that DAS Feigenbaum raise this issue in his 
bilateral with Jekshenkulov on December 3.  END SUMMARY. 
 
Procurator General Takes on Democracy Implementers 
--------------------------------------------- ----- 
 
¶2. (C) On November 15, 24, and 27, the National Democratic 
Institute (NDI), International Republican Institute (IRI) and 
International Foundation for Election Systems (IFES), 
respectively, were called in by the Procurator General's 
office to discuss their programs, activities, funding and 
relation with USAID.  Poloff attended each meeting, as 
requested by NDI, IRI and IFES.  Chief Prosecutor Musa 
Kanybekovich Beshinov asked each pointed questions about 
their organizations as well as their possible dealings with 
political parties and NGOs in Kyrgyzstan.  While the requests 
varied little from one organization to the next, the chief 
prosecutor showed great interest in the content and overall 
intent of the IRI-sponsored public opinion survey, the 
results of which had been made public two days prior to IRI's 
meeting with Beshinov.  The chief prosecutor orally requested 
from each organization documentation detailing each 
organization's programs, contracts with USAID, as well as 
local implementers, compliment of foreign and local staff, 
and payments toward the social fund and other taxes. 
 
¶3. (C) NDI, IRI and IFES separately asked Beshinov to put the 
requests for information in writing, and Beshinov 
hand-delivered notices to each organization's office, saying 
that he could, if necessary, exercise his right to search 
their offices without a warrant, under Article 16 of the law 
on the Procuracy.  Beshinov told IRI that his "check" had 
support at the highest levels of the Kyrgyz Government and 
that the Procurator's goal was not to kick NDI, IRI or IFES 
out of the country, but to ensure that they were complying 
with Kyrgyz laws.  NDI, IRI and IFES each clarified their 
willingness to comply with the Procurator's demands, but 
cautioned that compiling the requested documentation could 
take longer than the short deadlines set by Beshinov. 
 
¶4. (C) Beshinov also delivered a letter (Ref A) to USAID On 
November 30, requesting copies of USAID's agreements with 
NDI, IRI and IFES and information on financial arrangements. 
The letter, addressed to USAID Country Director Cliff Brown, 
also asked that USAID resolve the question of social fund 
payments.  After conferring with USAID, as well as NDI, IRI 
and IFES headquarters in Washington, each organization 
separately agreed to relinquish only those documents to the 
Procurator that are neither proprietary nor for internal use 
only. 
 
 
BISHKEK 00001706  002.2 OF 003 
 
 
¶5. (C) NDI Country Director Gegham Sarkisyan told Pol Chief 
November 30 that he met with Presidential Administration 
Deputy Chief of Staff Sadyrkulov to inform him about the 
investigation, and he received his assurance, as well as 
Chief of Staff Abdyldayev's, that they would contact the 
Procurator General directly to stop the investigation. 
Claiming that neither had known about the Procurator's probe 
into NDI, IRI and IFES, Sadyrkulov did not say who he thought 
might be pushing the investigation, but did state that there 
were "different factions" within the administration.  He then 
told Sarkisyan to "go back to work as normal." 
 
¶6. (C) On December 1, IRI and IFES were called in by the 
chief prosecutor to present their documents.  Again, poloff 
accompanied.  The tone of each meeting was confrontational, 
and Beshinov expressed his anger at the organizations' 
failure to deliver the requested documents. 
 
Embassy Actions 
--------------- 
 
¶7. (C) In response to the investigation, the Embassy sent a 
diplomatic note November 29 (text emailed to SCA/CEN) asking 
the purpose of the investigations and requesting to be 
informed of any concerns that the GOKG may have about the 
operations of U.S.-funded organizations in Kyrgyzstan. 
 
¶8. (C) The Ambassador met with PM Kulov November 30 and 
raised the issue of the Procurator General's probe.  She 
noted that if our implementers are not following the law, we 
will take action, but that the Procurator General's questions 
had been nothing but a fishing expedition, and we consider it 
harassment.  Kulov claimed to be unaware of the situation. 
He said the government had nothing to do with the 
investigation, and the Procurator General has higher powers 
to conduct his own reviews.  Kulov added that the Procurator 
does not report to the Prime Minister under the new 
constitution. 
 
¶9. (C) After Procurator General Kongantiyev ducked a meeting 
claiming a sudden illness, the Ambassador met with Deputy 
Head of the Presidential Administration Medet Sadyrkulov 
December 1.  Sadyrkulov was considerably more forward-leaning 
than Kulov had been.  Sadyrkulov said he was aware of the 
issues and that he had already spoken to Prime Minister 
Kulov, State Secretary Madumarov, Foreign Policy Advisor 
Ibragimov, and Head of the Presidential Administration 
Abdyldayev.  Sadyrkulov said that he, Kulov, and Madumarov 
had agreed that the Procurator's fishing expedition had to be 
stopped, and Madumarov intended to call the Procurator 
General.  Sadyrkulov said he thought that the PM, State 
Secretary and himself could put the Procurator General back 
 
SIPDIS 
in his box, adding, "Don't worry; we will defend you." 
Sadyrkulov also said he would speak to FM Jekshenkulov in 
advance of the Ambassador's meeting late on December 1. 
Jekshenkulov said that he had sent a letter to the to the 
Procurator General requesting information on the 
investigations of NDI, IRI, and IFES, and he urged the 
Ambassador not to consider this a "political action." 
Ambassador responded that in the absence of any other 
explanation from the Procurator General, it was difficult to 
view this as anything but a "political action." 
 
Comment 
------- 
 
¶10. (C) We are hopeful that Sadyrkulov and company can stop 
the PG from harassing our implementers, but in the meantime, 
we have advised NDI, IRI an IFES to ensure that they seek 
legal counsel, to ensure that their responses to the 
Prosecutor General's office conform with local law.  We have 
also told that we will continue to ensure that an Embassy 
offer is present for any future meetings, should the 
harassment continue.  While parts of the Kyrgyz bureaucracy 
 
BISHKEK 00001706  003.2 OF 003 
 
 
appear to welcome U.S. assistance programs, others clearly 
have suspicions.  The Foreign Minister noted that even Kyrgyz 
sometimes have trouble understanding each other and their 
motivations, making it that much more difficult for us. 
 
YOVANOVITCH