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

UNCLAS  ALMATY 000049 
 
SIPDIS 
 
 
SENSITIVE 
 
STATE FOR EUR/CACEN (JMUDGE), EUR/PPD (JBASEDOW), EUR/ACE 
(ESMITH/JMCKANE), DRL/PHD (CKUCHTA-HELBLING) 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM KPAO KDEM KZ POLITICAL
SUBJECT:  KAZAKHSTAN: SUIT AGAINST ZHUMA TIMES BEGINS 
 
Ref:  05 Almaty 4175 
 
¶1.  SUMMARY.  The trial to close the opposition newspaper 
Zhuma Times began January 6 and was immediately put on hold 
pending a request to move the case to another jurisdiction. 
Lawyer Sergey Utkin asked that the case be transferred from 
Almaty's inter-district economic court to the Auezovskiy 
district court in Almaty.  The Almaty city court will rule 
on the venue, but the deadline for that decision is 
unclear.  The procurator has ten days to file a counter 
appeal.  The lawsuit filed by a district procurator in 
Almaty follows months of harassment by the authorities 
during the presidential campaign and warnings issued by 
President Nazarbayev and Almaty's municipal procurator. 
Like other opposition newspapers in Kazakhstan, Zhuma Times 
has changed its name several times in the course of 
confrontations with authorities and has already registered 
a new name, so they are ready for what they believe will be 
an unfavorable ruling.  END SUMMARY. 
 
Trial On Hold Pending Decision on New Venue 
------------------------------------------- 
 
¶2. (SBU) The trial to close the opposition newspaper Zhuma 
Times began January 6 and was immediately put on hold 
pending a ruling on the defendant's request to move the 
case to another jurisdiction.  Lawyer Sergey Utkin asked 
that the case be moved from Almaty's inter-district 
economic court to the Auezovskiy district court in Almaty. 
Utkin argued that only commercial entities or people 
engaged in business could legally file claims in the inter- 
district economic court.  Since the Auezovskiy district 
procurator, and not a business interest, had sued the 
newspaper, Utkin said the case had to be tried in another 
court.  The Almaty city court will rule on the venue, but 
the deadline for that decision is unclear.  The procurator 
has ten days to file a counter appeal. 
 
Trial New Front in Zhuma Times' Battle with Authorities 
--------------------------------------------- ---------- 
 
¶3. (SBU) The trial to close Zhuma Times, which media 
observers say is supported financially by the opposition 
movement For a Just Kazakhstan, followed months of 
harassment throughout the presidential election campaign. 
Local authorities and prosecutors confiscated Zhuma Times 
print runs in Almaty on October 21 and November 3, saying 
the paper contained "false information defaming the honor 
and dignity of a presidential candidate in order to 
influence the election."  In both cases the offending 
articles criticized the president or made vague allegations 
about the Giffen "Kazakhgate" bribery case.   After the 
presidential elections, the December 8 issue was also 
seized, this time for information that allegedly insulted 
"the dignity and honor of the president," for articles 
critical of the conduct of elections, and vague 
insinuations about Kazakhgate that were published in almost 
every issue.  Citing what he characterized as constant and 
crude violations of the law since the paper began 
publishing, the Auezovskiy district procurator in Almaty on 
December 20 filed suit in Almaty's inter-district economic 
court to have the newspaper cease publishing immediately 
until the trial to close the newspaper down was concluded. 
(Note:  the Almaty inter-district economic court is the 
only court with the authority to seize property or demand 
immediate cessation of activities.) 
 
Prosecutor and President Issued Public Warnings 
--------------------------------------------- -- 
 
¶4. (U) After the November 3 confiscation, Almaty's 
municipal procurator warned in an official statement that 
law enforcement would employ all measures allowed by law to 
prevent the spread of false information, including halting 
publication and prosecuting those responsible.  President 
Nazarbayev issued his own warning at a December 5 press 
conference in Astana.  When asked about his alleged 
involvement in corruption, the president said he would 
consider such allegations to be defamation. He added that 
he would take the accuser to court to be punished as 
provided by Kazakhstan's law. 
 
Zhuma Times Ready for Next Incarnation 
-------------------------------------- 
 
¶5. (SBU) The Kazakh-language Zhuma Times has a long history 
of conflict with authorities, dating back to its first 
issue as DAT ("Let Me Speak") in April, 1998.  By December 
of 1998 it was bankrupt after being fined 30 million tenge 
for allegedly defaming the official Kazakhstan-1 television 
station.  SolDAT ("Same DAT") started publishing in July 
1999 with funding from opposition leader Akezhan 
Kazhegeldin and the opposition Democratic Choice of 
Kazakhstan political party. 
 
¶6. (SBU) In 2001 editor-in-chief Yermurat Bapi was 
sentenced to one year in prison on charges of defaming 
President Nazarbayev, but was amnestied before being 
imprisoned.  After an inspection by tax police in 2003, 
Bapi was accused of concealing tax payments totaling 57 
million tenge in what many say were trumped-up charges.  He 
was sentenced to a year's probation, fined $140, and 
ordered to cease publishing activities for five years.  (He 
was identified on the Zhuma Times editor's page as "reader- 
in-chief.")  In July 2003, the Almaty inter-district 
economic court ordered the liquidation of SolDAT, claiming 
it had never been officially registered.  DATa Nedeli - 
Zhuma Times replaced SolDAT in November 2004.  Anticipating 
a ruling to close down his newspaper, Bapi has told emboff 
that he has already registered another newspaper and will 
be ready to resume publishing when the decision on Zhuma 
Times is handed down. 
 
Asquino 
 
 
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