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Viewing cable 08ASTANA2383, KAZAKHSTAN'S ASYLUM SEEKER DEPARTS VOLUNTARILY

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Reference ID Created Released Classification Origin
08ASTANA2383 2008-12-03 02:03 2011-08-26 00:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Astana
VZCZCXRO6924
RR RUEHAG RUEHAST RUEHBI RUEHCI RUEHDA RUEHDF RUEHFL RUEHIK RUEHKW
RUEHLA RUEHLH RUEHLN RUEHLZ RUEHNEH RUEHNP RUEHPOD RUEHPW RUEHROV
RUEHSR RUEHVK RUEHYG
DE RUEHTA #2383/01 3380203
ZNR UUUUU ZZH
R 030203Z DEC 08
FM AMEMBASSY ASTANA
TO RUEHC/SECSTATE WASHDC 4014
INFO RUCNCIS/CIS COLLECTIVE 0878
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUCNCLS/SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHBJ/AMEMBASSY BEIJING 0283
RUEHKO/AMEMBASSY TOKYO 0985
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RUEKJCS/JOINT STAFF WASHDC
RUEKJCS/SECDEF WASHDC 0360
RHEHNSC/NSC WASHDC 0445
RHEFAAA/DIA WASHDC
RUEAIIA/CIA WASHDC
UNCLAS SECTION 01 OF 03 ASTANA 002383 
 
SENSITIVE 
SIPDIS 
 
STATE FOR SCA/CEN, DS/IP/SCA, SCA/PPD, DRL 
 
E.O. 12958: N/A 
TAGS: PGOV PHUM PREL ASEC CVIS KDEM KPAO KZ
SUBJECT: KAZAKHSTAN'S ASYLUM SEEKER DEPARTS VOLUNTARILY 
 
1.  (U) Sensitive but unclassified.  Not for public Internet. 
 
2.  (SBU) Summary:  On December 1, Ramazan Yesergepov, 
Editor-in-Chief of the Alma-Ata Info, a small weekly 
opposition newspaper with a circulation of approximately 
8,000 copies, requested political asylum and refused to leave 
the U.S. Embassy Branch Office (EBO) in Almaty, citing fears 
for his personal safety because of an article he had written 
on corruption within the National Security Committee (KNB). 
After consulting with Washington, Embassy officials informed 
Yesergepov that he could not receive political asylum. 
Nonetheless, Yesergepov refused to leave the EBO.  In 
consultations with the Kazakhstani Ministry of Foreign 
Affairs (MFA) on December 2, the Charge received assurances 
that Yesergepov would not immediately be arrested.  After a 
one and a half hour meeting by digital video-conference with 
Embassy officials, at approximately 17:15 local time on 
December 2, Yesergepov left the EBO of his own volition and 
without coercion.  Embassy officials promised to closely 
monitor his case to ensure his proper treatment in accordance 
with Kazakhstani law.  End Summary. 
 
3.  (SBU) On December 1 at approximately 17:20 local time, 
Ramazan Yesergepov, Editor-in-Chief of the Alma-Ata Info 
newspaper, and a figure known for reporting critical of the 
Kazakhstani government and law enforcement agencies, 
requested a meeting with the U.S. Embassy Branch Office (EBO) 
in Almaty.  (NOTE:  Yesergepov is a well-established contact 
of the political and public affairs sections at the U.S. 
Embassy Branch Office in Almaty.  END NOTE.)  During the 
meeting with Embassy officers, Yesergepov requested political 
asylum in the United States and refused to leave the EBO, 
stating that he felt he was in imminent danger from the 
National Security Committee (KNB), due to an article on KNB 
court decisions in the southern city of Taraz, which he 
published on November 21. 
 
4.  (SBU) According to Yesergepov, the primary reason for his 
request for asylum in the Almaty EBO was a series of events 
following his publication on November 21 of a newspaper 
article entitled &Who is Governing Our Country ) the 
President or the National Security Committee?8  Yesergepov 
told Embassy staff that the article contained information 
from a secret document detailing &violations8 conducted by 
the Taraz KNB over the course of an investigation they ran on 
a local liquor factory.  Yesergepov said he believes the 
source of his information to have been a KNB employee. 
Yesergepov stated that the KNB conducted an &illegal8 
search of his house in Almaty on November 28-29, and claimed 
that KNB officials confiscated all the computer disks, flash 
drives, and cell phones in his home, even those items 
belonging to his wife and grown children.  He told Embassy 
officials that he was taken to the hospital for treatment of 
an attack of high blood pressure during the search, but that 
authorities left a summons ordering him to appear in the 
Almaty KNB office on December 1 for questioning as a 
&witness8 in a case related to the release of secret 
documents. 
 
5.  (SBU) On December 1, Yesergepov held a press conference 
at the National Press Club in Almaty to discuss what he 
called "an illegal search of his house without a warrant8 
before going to the KNB,s Almaty office, where, Yesergepov 
told Embassy officials, he was questioned for four hours 
about the secret documents mentioned in the article.  He 
claimed that since he refused to reveal his source, KNB 
officials were planning to drive him by car to Taraz, a city 
located in southern Kazakhstan approximately 455 kilometers 
from Almaty, to answer further questions as a witness. 
Yesergepov stated that since, despite his requests, the KNB 
officials had not shown him any written orders justifying 
taking him to Taraz for questioning, he decided to exit the 
KNB vehicle as it departed in heavy traffic.  Yesergepov told 
Embassy officials that, with the help of a large group of 
friends who had gathered near the front entrance of the KNB 
building, after exiting the vehicle, he made his way to the 
Almaty EBO.  While he was en-route, several of his trusted 
contacts called EBO staff, told us that he was coming to the 
building and asked that we listen to his story.  EBO staff 
 
ASTANA 00002383  002 OF 003 
 
 
from the political and public affairs sections received 
Yesergepov and took notes.  He asked to speak with an 
American officer and then informed the EBO Consular Section 
Chief and Public Affairs Section (PAS) officer that he was 
seeking political asylum. 
 
6.  (SBU) EBO staff immediately called the Charge, who 
advised them to seek guidance from the Bureau of South and 
Central Asian Affairs and UNHCR.  Both sources confirmed that 
the Embassy could not offer asylum to a Kazahkstani national 
in Kazakhstan.  When the EBO staff told Yesergepov that he 
could not receive asylum and asked him to leave, Yesergepov 
refused to do so, citing concerns for his safety.  Charge 
informed the Ambassador in Washington, who asked that the 
Charge relate the facts as known to the MFA, as well as seek 
guidance from the Bureau of Population, Refugees, and 
Migration (PRM) and inform Consular Affairs and Diplomatic 
Security.  While waiting for PRM,s guidance, a group of 
approximately 12-15 policemen appeared at the building 
entrance.  A police Colonel asked EBO guards if there was 
someone inside &seeking asylum.8  The guard responded that 
the EBO was closed and that he didn,t know.  He did tell the 
Consular Chief and PAS officer about the police presence. 
The Charge passed this information to Ambassador Hoagland, 
who decided to offer temporary refuge.  Yesergepov told EBO 
staff that he would depart the next morning when he had 
&friends8 with him whose presence would deter the police 
from &abusing their powers.8  The PAS officer and an FSN 
remained in the EBO with Yesergepov throughout the night. 
 
7.  (SBU) On the morning of December 2, Charge followed up 
the previous evening,s phone call to the MFA with a meeting 
with the Deputy Foreign Minister (DFM) and Chief of the 
Americas Desk.  Charge stressed that Kazakhstan needed to be 
careful to meet the high standards of the OSCE, especially in 
light of its upcoming 2010 OSCE chairmanship. The DFM 
expressed his desire that the incident be resolved quietly. 
This meeting was ended by a telephone call, which the Deputy 
Foreign Minister stated was from Foreign Minister Tazhin 
requesting a briefing.  Immediately after the Charge returned 
to the Embassy, the DFM telephoned and stated that &the 
authorities would not immediately arrest Yesergepov, if he 
left the EBO.8  Despite his earlier intention to depart and 
being told of this assurance from the MFA, Yesergepov again 
refused to leave the EBO, stating that he was still concerned 
for his safety.  Upon direction from the Ambassador, the 
Charge convened a meeting to determine a path to resolve the 
incident by 18:00 local time. 
 
8.  (SBU) Embassy staff looked at all contingencies, 
including Yesergepov,s continued refusal to voluntarily 
depart the EBO.  The Charge decided to meet with Yesergepov 
through a digital video-conference and encourage him to 
depart voluntarily.  In case he refused to do so, the 
Regional Security Officer (RSO) advised the Charge concerning 
safe measures that could be used to enforce Yesergepov,s 
departure.  At 15:30, the Charge, accompanied by Astana and 
Almaty staff members, began a DVC with Yesergepov. 
Yesergepov spent the first hour retelling his story, and 
concluded by stating that he did not believe that the Foreign 
Ministry could control the KNB, and that he believed the only 
hope he had for his case to be fairly examined was to have 
the Ambassador raise it personally with President Nazarbayev. 
 
9.  (SBU) Since Yesergepov had repeatedly asked to speak with 
the Ambassador, the Charge responded by making it clear that 
he spoke for the Ambassador.  He emphasized that the Embassy 
strives to promote U.S. ideals and gave several examples of 
how the Embassy has stood up for human rights in the past in 
Kazakhstan.  He stressed that Yesergepov and the U.S. 
government have many goals in common and expressed his hope 
that we could continue to strive to attain those goals 
together.  He praised Yesergepov,s courage, while, at the 
same time, explaining that Yesergepov could not fight for 
freedom of thought and speech while confined to a Foreign 
Mission,s offices.  He related his conversations with the 
DFM and the assurances that the government of Kazakhstan had 
given the Embassy.  He offered to contact prominent 
Kazakhstani human rights defenders who had previously agreed 
 
ASTANA 00002383  003 OF 003 
 
 
to independently verify Yesergepov,s condition when he left 
the EBO.  The Charge was firm that it was in Yesergepov,s 
best interests to leave immediately, and that Yesergepov had 
to depart the EBO not later than 18:00 local time. 
 
10.  (SBU) Yesergepov took the comments thoughtfully.  He 
stated that the KNB required him to be in Taraz on December 
3, but that, traveling by train, the earliest possible 
arrival date would be December 4.  The Charge agreed to 
convey to the Ministry of Foreign Affairs the message that 
Yesergepov had voluntarily agreed to travel to Taraz. 
Yesergepov asked, &when will I be returning from Taraz ) in 
a few days or a few years?8  In return, the Charge promised 
Yesergepov that, at least until the Ambassador,s return, the 
Embassy,s Human Rights Officer would contact Yesergepov or 
his associates everyday to confirm his status.  Yesergepov 
thanked the Charge and the Embassy officials for their 
assistance and voluntarily departed the EBO at approximately 
17:15 local time, almost 24 hours after arriving. 
 
11.  (SBU) The Charge called the MFA,s Chief of the Americas 
Desk and informed him of Yesergepov,s departure and of his 
intention to voluntarily travel to Taraz.  The MFA,s Chief 
of the Americas Desk thanked the Charge for the U.S. 
government,s cooperative approach to resolving the situation 
in the best interests of all involved.  The Embassy will 
continue to monitor Yesergepov,s situation, as appropriate. 
MILAS