This record is a partial extract of the original cable. The full text of the original cable is not available.

UNCLAS  ALMATY 003861 
 
SIPDIS 
 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV KZ POLITICAL
SUBJECT: KAZAKHSTAN: PRESIDENTIAL ELECTION ROUNDUP, 
OCTOBER 21 
 
REF: State 3790 
 
¶1. (U) This is the fifth in a series of weekly election 
roundups, in advance of Kazakhstan's December 4, 2005 
presidential elections.  Items were drawn primarily from 
the local press and media. 
 
CEC in Action 
------------- 
 
¶2. (U) As of October 21, three candidates - Nazarbayev, 
Tuyakbay, and leader of the Tagibat environmental movement 
Mels Eleusizov - had been officially registered by the 
CEC.  One additional candidate, Karishal Asan, withdrew 
from the race. Five other potential candidates - 
Abylkasymov, Baimenov, Oten, Kaisarov and Tleulesov - are 
still collecting signatures. 
 
¶3. (U) On October 14, the CEC held a round-table 
discussion with political parties, public organizations, 
local and international NGOs to discuss transparency of 
the elections and observation.  The CEC gave a detailed 
description of the procedures for observation during the 
election campaign and voting.  According to the CEC, a 
number of shortcomings of previous elections have been 
addressed: representatives of candidates and their parties 
are free to observe any election commission at any level, 
including hospitals, military units and prisons; observers 
can ride in the vehicles that carry ballot boxes to voters 
who have the right to vote at home (sick, elderly people); 
observers can take pictures and tape any discussions at 
election commissions and use those in complaints of 
violations by election commissions.  The discussion 
following the CEC briefing turned into a dispute between 
pro-presidential and opposition groups.  CEC secretary 
Vladimir Foos characterized demands by the opposition that 
election commissions be reformed and that electoral 
legislation be amended as an attempt to disrupt the 
upcoming elections. 
 
¶4. (U) As a follow-up to the roundtable, the CEC held a 
workshop for regional election commissions on October 17 
to equip them with guidelines on cooperation with 
observers.  The CEC recognized the importance of the 
cooperation of all election commissions with observers in 
ensuring the transparency of elections.  The CEC announced 
that centers to support observers would be set up to 
promote such cooperation in all the 16 regions of 
Kazakhstan. 
 
¶5. (U) On October 19, the CEC issued a statement spelling 
out responsibilities of the local government, election 
commissions and voters in ensuring the accuracy of voter 
lists.  According to the CEC, voter lists are to be 
compiled by local administrations using information 
provided by the Ministry of Justice.  If a voter notifies 
local authorities at least 30 days before election day 
that he will be away from his place of registry on 
December 4, then the administration will put his name on 
an appropriate voters' list.  If a voter notifies his 
local electoral commission 15 days before the election 
that he will be away, the commission will give him an 
absentee permit, allowing him to vote in a different 
place.  If a person fails to find his name on the voter 
list on election day, he can prove his right to vote by 
providing a resident registration book.  Voter lists will 
be posted in precinct election commission offices 15 days 
before the election date, i.e. from November 18 to 
December 3. 
 
¶6. (U) The CEC also determined the media outlets that will 
carry candidates' campaign ads paid by the government: 
Kazakhstan TV, Kazakh radio, and two official newspapers, 
the Kazakh language "Yegemen Kazakhstan" and Russian 
language "Kazakhstanskaya Pravda."  All candidates are to 
receive equal time, space and terms. 
 
OSCE Observers 
-------------- 
 
¶7. (U) During an October 18 press conference, chief of the 
OSCE observer mission Ambassador Audrey Glover refuted the 
CEC's criticism of the OSCE's observation methods 
(reftel).  Ambassador Glover underscored the absolute 
impartiality of her mission and readiness to deliver an 
 
 
objective assessment of the elections.  She explained that 
OSCE/ODIHR observers would watch the registration process; 
the work of election commissions and local governments at 
all levels; election campaigning, including freedom of 
speech and assembly and equal media coverage of the 
candidates' campaigns; the application of e-voting; and 
the way that complaints and protests are addressed. 
 
¶8. (U) According to Ambassador Glover, Kazakhstan failed 
to implement recommendations on improvement of election 
legislation made by the OSCE experts after last year's 
parliamentary elections.  To make matters worse, Glover 
noted, Kazakhstan passed two laws with a negative impact 
on the freedom of assembly.  She added that if the CEC 
adheres to the commitments outlined in its October 11 
statement, however, that would address some of the OSCE's 
recommendations. 
 
State Media Pledge Objectivity 
------------------------------ 
 
¶9. (U) On the eve of the October 25 start of election 
campaigning, the heads of leading state media outlets 
issued a statement in support of the CEC's statement on 
fair and transparent elections.  They reiterated their 
commitment, first announced in the September 28 media 
charter for fair elections, to provide equal terms for 
coverage of all candidates' election campaigns.  In 
addition to the government-funded time and space for 
candidates to present their programs, they can purchase 
additional time and space at their own expense.  Election 
campaigns would also be covered by media in their news 
reports.  The media chiefs unanimously rejected "dirty" 
campaign methods and libel. 
 
Mazhilis on Elections 
--------------------- 
 
¶10. (U) On October 19, the Otan parliamentary faction 
introduced a draft appeal to the people of Kazakhstan, 
leaders of the government, political parties, public 
organizations and candidates for President to hold fair 
and open elections.  The statement is expected to be 
approved by the Mazhilis. 
 
¶11. (U) At the October 19 plenary meeting of the Mazhilis, 
Yerasyl Abylkasymov accused opposition leader Tuyakbay of 
trying to stage a violent seizure of power under the 
guidance of "black ravens and vultures from overseas."  He 
demanded that the Parliament hold a closed meeting with 
law enforcement representatives to discuss what he called 
the opposition's intent to stage a 
"color" revolution.  The motion did not pass, however, as 
most of his colleagues dismissed his statement as an act 
of illegal election campaigning. 
 
Procuracy Issues an Additional Warning 
-------------------------------------- 
 
¶12. (U) On October 17, FJK published a letter from the 
General Procuracy responding to their inquiry on the 
Giffen case.  The Procuracy warned the opposition about 
the penalty for insulting a Presidential candidate's 
dignity and honor (par. 7, article 27 of the election 
law), along with the penalty for insulting the honor and 
dignity of the President under article 318 of the Criminal 
Code. 
 
Baimenov's Headquarters Criticizes Khabar TV Channel 
--------------------------------------------- ------ 
 
¶13. (U) Candidate Alikhan Baimenov's campaign headquarters 
criticized the procedure by which the Khabar TV channel 
plans to broadcast candidates' campaign materials. 
According to campaign head Lyudmila Zhulanova, Khabar 
notified Ak Zhol that it would begin accepting campaign 
materials only on October 26 and that they would not be 
broadcast for three more days.  Zhulanova complained that 
as the election campaign starts on October 25, candidates 
will lose four days.  In addition, Khabar announced that 
campaign ads must be between 30 seconds and a minute long. 
One minute of air time will cost $10,000, which Zhulanova 
complained was too expensive.  Khabar has also decided 
that campaign ads will not be shown during prime time, 
from 20:00 to 22:00. 
 
 
Opposition Leaders Fined for Unsanctioned Rally 
--------------------------------------------- -- 
 
¶14. (U) Opposition leaders Tolen Tokhtasynov, Amirzhan 
Kosanov, Gulzhan Yergaliyeva, Bulat Abilov and Oraz 
Dzhandosov were charged with administrative violations for 
organizing unsanctioned rally in Almaty on October 8 
(reftel).  On October 12, the Almaty Administrative Court 
found Tokhtasynov guilty and fined him 50,000 tenge 
($375).  On October 14, Kosanov was fined 10,000 tenge 
($75).  On October 17, Yergaliyeva was fined 15,000 tenge 
($112).  Abilov was detained following a press conference 
and escorted to the Almaty Administrative Court by police 
on October 17; he was fined 50,000 tenge ($375).  On 
October 18, Dzhandosov was fined 20,000 tenge ($150). 
 
Procuracy Warns against Reading Opposition Press 
--------------------------------------------- --- 
 
¶15. (U) According to an FJK press release, on October 14 
in the village of Pavlovka in Akmola Oblast, a local 
police superintendent officer detained three 
schoolteachers, Temirtas Akhmetov, Amanzhol Sarshal and 
Beybitkhan Mautay, and escorted them to the district 
prosecutor's office.  The grounds for the detention was 
reportedly the fact that Akhmetov and his wife shared the 
opposition press with their colleagues.  The school 
principal and his deputy were also present in the 
procurator's office when the prosecutor indicated that 
Akhmetov could lose his job because his educational 
background was inappropriate. 
 
Svoboda Slova Seized, Tuyakbay Briefly Detained 
--------------------------------------------- -- 
 
¶16.  (SBU) At 7:00 am on October 19, the police seized 
50,000 copies of the opposition "Svoboda Slova" ("Freedom 
of Speech") newspaper, or half the total print run, from 
the Dauir printing house in Almaty.  They were acting on 
the basis of a decision signed by the head of the Almaty 
election commission, Daulet Baydeldinov, which charged 
editor-in-chief (and DCK activist) Gulzhan Yergaliyeva 
with insulting President Nazarbayev's dignity and honor. 
In the editorial, entitled "Just a Dictator," Yergaliyeva 
referred to Andrea Koppel's October 13 question to 
Nazarbayev:  "Why do they call you a common dictator?  Is 
it true that your children put the economy and mass media 
of the country under their control?"  Yergaliyeva wrote 
that because Nazarbayev responded that Khabar is a state 
company and Dariga does not own it, and that his second 
daughter is not involved in business, he had misinformed 
the media.  She then enumerated the media companies that 
Dariga reportedly owns, including Khabar, El Arna, Caspian 
Net, Eurasia, and several satellite stations.  Yergaliyeva 
also alleged that second daughter Dinara and her husband 
Timur Kulibayev own a controlling interest in Halyk Bank. 
 
¶17.  (SBU) At the request of the Svoboda Slova editorial 
staff, POEC and PA FSNs went to the Dauir printing house 
at 12:30 on October 19 to observe the scene when police 
arrived to seize the other 50,000 copies of the paper. 
Three minivans loaded with copies of the paper left for 
For a Just Kazakhstan (FJK) headquarters.  The road police 
followed the vehicles and managed to stop the last van 
near FJK headquarters.  While the driver argued with the 
police, FJK staff arrived and carried away the papers. 
 
¶18.  (SBU) At approximately 15:00, the police arrested 
five journalists who were outside FJK headquarters and 
took them to the local police precinct.  The journalists 
were from Svoboda Slova, the Internet publication Stan.kz 
(two individuals), the Zhuma Times newspaper, and the Soz- 
Respublika newspaper.  The police seized the journalists' 
videotapes; after two hours they were released with no 
charges filed. 
 
¶19.  (SBU) At 17:00, FJK leaders contacted post to say 
that police were gathering around their headquarters and 
it appeared they intended to storm the building to seize 
the remaining papers.  When POEC chief and POEC FSN 
arrived, road police detained FJK presidential candidate 
Zharmakhan Tuyakbay and his security escorts on the side 
of the road and searched their vehicles.  When asked the 
legal grounds for the search, the police replied that they 
 
 
have the right to search any vehicle.  A crowd of media, 
foreign observers (OSCE, EU, U.S.), FJK activists, and 
curious passersby quickly gathered, at which point the 
police allowed Tuyakbay and his security escort to depart. 
 
¶20.  (SBU) On October 20, the road police stopped and 
searched the car in which Altynbek Sarsenbayev, a co- 
chairman of the opposition True Ak Zhol party, was leaving 
the FJK office.   The police were allegedly looking for 
explosives.  The same day, police detained the editor-in- 
chief of the opposition Pravda Kazakhstana newspaper, 
Amantay Akhetov, as he was leaving the office of FJK. 
When Akhetov refused to open his bag (containing several 
copies Svoboda Slova), the police took him to the precinct 
police office. He was released after surrendering his 
copies of Svoboda Slova. 
 
¶21. (SBU) In an October 21 ruling, the Almaty 
administrative court confirmed the order of the Almaty 
electoral commission regarding the seizure of Svoboda 
Slova.  The court ordered that all copies be destroyed. 
The OSCE-ODIHR observation mission is still reviewing 
Kazakhstani electoral legislation, but at this point 
believes that the electoral commission had no authority to 
order the seizure and so the police action on Wednesday 
was extrajudicial.  The October 21 court decision is 
therefore seen as an ex post facto justification. 
 
Opposition Web Sites Blocked 
---------------------------- 
 
¶22. (SBU) The well-known opposition Internet newspaper 
"Navigator" has lost its site (navi.kz) following the 
trademark registration of its name by a person who shares 
a business address with the Khabar state TV channel.  On 
October 13, KazNic, the administrator of .kz domain names, 
informed Navigator that its domain name had been suspended 
based on an October 12 ruling of the Almalinskiy district 
court of Almaty.  Navigator representatives say that they 
were not notified of the court hearing.  KazNic 
representatives told the press that an individual named 
Sergey Bondartsev, the head of "Bond Creative Consulting 
Ltd.," created a clone of the Navigator newspaper 
registered the Navigator and Navi trademarks in September. 
Bondartsev reportedly listed his business address as 13 
Republic Square, the same building as the Khabar state TV 
channel.  On the basis of the trademarks, the court 
ordered KazNic to shut down any domains using variations 
of Navigator or Navi.  The publication can now be seen at 
www.mizinov.net.  Post has been told that the new site has 
been blocked within Kazakhstan for one month while 
bailiffs monitor it for "further trademark violations." 
 
¶23.  (U) On October 12, the Kakhar youth group was also 
informed that the Almalinskiy district court in Almaty had 
issued an order blocking access to the group's 
www.kakhar.org site.  The ruling also prohibited the group 
from using the name "Kakhar," as it has been registered by 
the same Bond Creative Consulting Ltd. 
 
ORDWAY 
 
 
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