VZCZCXRO7840
PP RUEHDBU RUEHLN RUEHVK RUEHYG
DE RUEHTA #1428/01 1091318
ZNR UUUUU ZZH
P 191318Z APR 06
FM AMEMBASSY ALMATY
TO RUEHC/SECSTATE WASHDC PRIORITY 4990
INFO RUCNCIS/CIS COLLECTIVE PRIORITY
RUEHVEN/USMISSION USOSCE PRIORITY 1552

UNCLAS SECTION 01 OF 02 ALMATY 001428 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
DEPT FOR SCA/CEN (J. MUDGE), DRL/PHD (C. KUCHTA-HELBLING) 
 
E.O. 12958: N/A 
TAGS: PHUM PREL KDEM KZ
SUBJECT: KAZAKHSTAN: PROCURATOR GENERAL ON HUMAN RIGHTS, 
MEDIA ISSUES 
 
 
¶1. (SBU) Summary: During a discussion with the Ambassador of 
the upcoming VIP visit to Astana, Procurator General 
Tusupbekov was receptive to the idea of working with the U.S. 
to ensure that there are clear guidelines for proper 
application of the extremism law.  The Ambassador raised the 
use of slander and libel laws by government organs against 
the media, which makes Kazakhstanis afraid to speak out. 
Tusupbekov said that the question needed careful study, as 
the state had the duty to enforce the laws but should do 
nothing to create fear among the public.  The Ambassador also 
called Tusupbekov's attention to two recent incidents in 
which the Almaty akimat had taken legal action against 
independent media outlets on questionable legal grounds.  The 
Procurator General said that the GOK had changed its approach 
to the media following the presidential elections and was now 
trying to work with media outlets to ensure compliance with 
the law. In response to the Ambassador's query regarding 
results of election violation investigations, Tusupbekov 
promised to provide a full report.  Discussion of the 
Sarsenbaiuly murder investigation is reported septel.  End 
summary. 
 
------------- 
Extremism Law 
------------- 
 
¶2. (SBU) In an April 17 meeting in Astana, the Ambassador 
reminded Procurator General Rashid Tusupbekov of serious 
international concerns regarding the potential for the 2005 
extremism law to be misused.  While the U.S. acknowledges 
that to date the legislation has been used only against 
groups that appear to have violent tendencies, the Ambassador 
added, we urge the Kazakhstani government to issue clear 
implementing guidelines to limit the potential for abuse. 
Tusupbekov underscored the need for the extremism legislation 
to counter what he described as a growing regional threat; he 
said that 11 groups, including Hizb'ut Tahrir, had so far 
been designated as extremist under the legislation. 
 
¶3. (SBU) The Procuracy would be open to U.S. suggestions for 
changes to the legislation as well as proposals for 
implementing regulations, he said.  Tusupbekov told the 
Ambassador that the KNB had initially been solely responsible 
for investigating groups suspected of extremism.  In January, 
the rules had been changed to give a role to both the 
Ministry of Interior and the KNB.  Tusupbekov said that 
Kazakhstan understood and shared the USG's concerns; for that 
reason, they were drafting regulations clearly defining 
extremist activity.   The Procurator General instructed his 
deputy to check the status of the regulations and report back 
to him. 
 
------------------------------ 
Legal Action against the Media 
------------------------------ 
 
¶4. (SBU) The use of libel and slander laws by government 
organs against the media is also of concern to the U.S., the 
Ambassador told Tusupbekov.  When state agencies use these 
laws to take legal action against the independent media, it 
creates the impression of a government policy of repression 
and makes citizens afraid to speak out.  Tusupbekov commented 
that the question was an interesting one, which deserved 
further examination.  While it was not right for certain 
publications to attack the whole system of government, and it 
was important for citizens to respect the state, Tusupbekov 
conceded that it was not appropriate for government organs to 
do anything to create fear among the public. 
 
¶5. (SBU) Two other recent cases of legal action against media 
outlets were also of concern, the Ambassador added.  The U.S. 
understood that the Almaty akimat, acting on the 
recommendation of the Almaty procuracy, had launched legal 
proceedings to revoke the registration of Aina Plus (formerly 
Zhuma Times) and Alma Ata Info (formerly Nachnem s 
Ponedelnika) on the grounds that the papers' subject matter 
did not coincide with their registration status.  This was an 
alarming precedent as almost any paper could be found to 
differ at times with its specific registration category. 
Tusupbekov responded that now that the presidential election 
campaign was over, Kazakhstani authorities were handling 
media matters differently.  While they could not ignore 
violations of the law, they were making an effort to warn 
media outlets and encourage compliance instead of immediately 
filing charges.  (Comment:  In this case compliance would be 
hard to achieve; opposition newspaper Respublika has been 
trying for two years to change its registration status to 
include "political" reporting.  End comment.) 
 
ALMATY 00001428  002 OF 002 
 
 
 
------------------------------------ 
Investigation of Election Violations 
------------------------------------ 
 
¶6. (SBU) The Ambassador recalled that in their phone 
conversation following the December 2005 presidential 
elections, President Nazarbayev had promised President Bush 
that allegations of electoral violations would be 
investigated and prosecuted as appropriate.  The U.S. was 
interested to know the results of those investigations. 
Tusupbekov said that the CEC had invalidated election results 
in one area of East Kazakhstan Oblast based on reports of 
violations; other complaints were still under investigation. 
Tusupbekov agreed that Kazakhstan needed to make rapid 
progress on wrapping up the investigations.  He instructed 
his staff to prepare a full report for the U.S. on election 
day violations. 
ORDWAY