VZCZCXRO7393
RR RUEHDBU RUEHLN RUEHVK RUEHYG
DE RUEHTA #1561/01 1180157
ZNR UUUUU ZZH
R 280157Z APR 06
FM AMEMBASSY ALMATY
TO RUEHC/SECSTATE WASHDC 5131
INFO RUCNCIS/CIS COLLECTIVE
RUEHAST/USOFFICE ASTANA
RUEHVEN/USMISSION USOSCE 1556

UNCLAS SECTION 01 OF 02 ALMATY 001561 
 
SIPDIS 
 
SIPDIS 
SENSITIVE 
 
DEPT FOR SCA/CEN (J.MUDGE), DRL/PHD (C. KUCHTA-HELBLING) 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV KZ
SUBJECT: KAZAKHSTAN: OPPOSITION LEADERS PREVENTED FROM TRAVELING 
ABROAD 
 
REF: ALMATY 326 
 
ALMATY 00001561  001.2 OF 002 
 
 
¶1. (SBU) Summary: Opposition leaders Galymzhan Zhakiyanov and 
Bulat Abilov were prevented from traveling to Brussels on April 
24 to address the European Parliament.  Authorities reportedly 
claimed that Zhakiyanov's parole status required him to seek 
prior approval before leaving. Zhakiyanov insists that he is 
required only to inform authorities of his travel.  Abilov's 
departure was blocked due to criminal charges filed against him 
on April 23.  Abilov alleges that the charges, which relate to a 
July 2005 incident in Karaganda, were filed at this late date 
precisely to prevent his travel to Brussels.  End summary. 
 
--------------------------------------- 
Zhakiyanov Stopped Due to Parole Status 
--------------------------------------- 
 
¶2. (U) Kazakhstani authorities prevented "For a Just Kazakhstan" 
(FJK) leader Galymzhan Zhakiyanov and "True Ak Zhol" (TAZ) co- 
chair Bulat Abilov from traveling to Brussels on April 24 to 
address the European Parliament.  They had also planned 
subsequent stops in the UK, France, and Germany.  The other 
members of the delegation, TAZ co-chair Oraz Zhandosov and FJK 
member Tulen Tokhtasynov, were allowed to travel. 
¶3. (SBU) Zhakiyanov, who was released in January after serving 
almost four years on politically motivated charges (reftel), 
stated at an April 25 press conference that after he had checked 
in and was attempting to board the flight, Border Guard officials 
told him he was not allowed to leave Kazakhstan without 
permission due to his parole status.  He stressed during the 
press conference and a subsequent April 27 briefing for western 
embassies that the terms of his parole stipulate only that he is 
required to inform the Ministry of Internal Affairs when 
traveling, not to obtain permission.  He said that he had 
notified the Medeo district police office in Almaty, in writing, 
on April 23 of his planned travel.  At the April 27 briefing, 
Zhakiyanov added that he had provided the MVD a copy of his 
invitation from the European Parliament.  Zhakiyanov has traveled 
abroad five times, including once to the U.S. to visit his son at 
UT Austin, without incident since his January 14 release. 
 
¶4. (SBU) Both Zhakiyanov and well-known human rights activist 
Yevgeniy Zhovtis stated during the press conference that the 
authorities' decision to prevent Zhakiyanov from boarding the 
flight violated Kazakhstani law.  According to Zhovtis, neither 
Article 179 of the Criminal Procedural Code nor the court ruling 
paroling Zhakiyanov indicate that he should be placed under 
administrative surveillance, which includes being subject to a 
travel ban.  Zhovtis cited the case of opposition journalist 
Sergey Duvanov as an example, who told Pol FSN that he has 
traveled abroad six times since his release on parole in May 2004 
and had never been required to obtain permission beforehand. 
Zhakiyanov stated during the April 27 briefing that a high- 
ranking MVD official had already conceded to him that the 
decision to prevent his travel had been illegal, as only a judge 
can impose limitations on freedom of movement. 
 
------------------------------------ 
Abilov Hit with New Criminal Charges 
------------------------------------ 
 
¶5. (SBU) During the April 25 press conference, Abilov stated that 
on April 23 he had been summoned to a Karaganda court, where he 
underwent an entire day of questioning by authorities on criminal 
charges of insulting and assaulting a police officer.  The 
charges relate to a July 2005 incident which occurred during an 
FJK meeting in Karaganda.  At the April 27 briefing, Abilov 
explained that he had gotten into a dispute with a police officer 
when the authorities attempted to disrupt FJK chairman Zharmakhan 
Tuyakbay's meeting with local residents.  After the incident, 
Abilov said, his lawyer attempted to reach a settlement with the 
police officer; he also publicly apologized.  Abilov said he had 
heard nothing more about the case since last summer and assumed 
it was closed, until police appeared at his home last Sunday and 
insisted that he travel immediately to Karaganda for questioning. 
 
¶6. (SBU) After the April 23 questioning, Abilov signed an 
agreement forbidding him to leave Almaty until his court date. 
As a result he did not attempt to board the flight, although he 
had also been invited to address the European Parliament.  Abilov 
alleged during the press conference that the charges were filed 
at this late date in order to prevent his travel.  He told 
participants in the April 27 briefing that, under the terms of 
the tax investigation that has been ongoing against him for 
several months, he had sought and received permission from the 
Financial Police to make the trip.  Abilov claimed that the 
decision by other Kazakhstani authorities to block his travel 
 
ALMATY 00001561  002.2 OF 002 
 
 
reflected a last-minute change of opinion once the reason for his 
trip became known. 
 
-------------------- 
"Not Just a Mistake" 
-------------------- 
 
¶7. (SBU) During the April 27 embassy briefing, Zhakiyanov 
stressed that the actions against himself and Abilov could not 
have been accidental or the result of bad decisions by low-level 
officials; they reflected a coordinated approach by the KNB, the 
MVD, and the MOJ.  He claimed that only someone in the 
Presidential Administration could have given an order that 
resulted in such coordinated action.  Zhakiyanov expressed 
concern that future travel by him or other opposition figures 
could be banned, and said the opposition was looking at next 
steps to help prevent a repeat of the problem.  FJK general 
secretary Tulegen Zhukeyev urged the U.S. and European embassies 
 
SIPDIS 
to engage with President Nazarbayev directly on this and other 
issues related to the opposition, as no one in the GOK was "brave 
enough" to tell him when problems arise. 
 
¶8. (SBU) Comment:  This was a severe miscalculation on the part 
of Kazakhstani authorities.  By preventing two well-known 
opposition leaders from traveling, the GOK not only opened itself 
to charges of violating international human rights standards, it 
also drew more attention to the planned trip than it would have 
otherwise received.  While post sees no evidence to support 
Zhakiyanov's assertion that there was a high-level GOK decision, 
there clearly seems to have been a coordinated effort at some 
level to prevent Zhakiyanov and Abilov from addressing the 
European Parliament.  The Ambassador raised our concerns with FM 
Tokayev during an April 26 meeting; post will continue to seek 
assurances that the freedom of movement of political activists 
will not be limited without just cause.  End comment. 
 
ORDWAY