VZCZCXRO8239
OO RUEHIK
DE RUEHTA #1919/01 2961034
ZNR UUUUU ZZH
O 231034Z OCT 09
FM AMEMBASSY ASTANA
TO RUEHC/SECSTATE WASHDC IMMEDIATE 6703
INFO RUCNCIS/CIS COLLECTIVE 2081
RUCNCLS/ALL SOUTH AND CENTRAL ASIA COLLECTIVE
RUEHZL/EUROPEAN POLITICAL COLLECTIVE
RUEHKO/AMEMBASSY TOKYO 2153
RUEHBJ/AMEMBASSY BEIJING 1452
RUEHUL/AMEMBASSY SEOUL 1087
RUEAIIA/CIA WASHDC
RHEFAAA/DIA WASHDC
RHEHNSC/NSC WASHDC 1641
RUEKJCS/SECDEF WASHDC 1501
RHMFIUU/CDR USCENTCOM MACDILL AFB FL
RUEKJCS/JOINT STAFF WASHDC
RUCPDOC/DEPT OF COMMERCE WASHINGTON DC
RHMFISS/DEPT OF ENERGY WASHINGTON DC
RUEATRS/DEPT OF TREASURY WASHDC
RUCNDT/USMISSION USUN NEW YORK 2560
RUEHNO/USMISSION USNATO 2863
RUEHAST/USOFFICE ALMATY 1959

UNCLAS SECTION 01 OF 02 ASTANA 001919 
 
SIPDIS 
 
STATE FOR SCA/CEN, SCA/PPD, DRL 
 
E.O. 12958: N/A 
TAGS: PGOV PREL KDEM KPAO KZ
SUBJECT:  KAZAKHSTAN:  MEDIA REACTION ON HUMAN RIGHTS ACTIVIST 
YEVGENIY ZHOVTIS' USUCCESSFUL APPEAL 
 
ASTANA 00001919  001.3 OF 002 
 
 
REFTEL:  ASTANA 1898 
 
¶1.  SUMMARY:  On October 20, an Almaty regional court upheld the 
conviction of prominent Kazakhstani human rights activist Yevgeniy 
Zhovtis on charges of vehicular manslaughter (reftel).  Most major 
pro-government and government-controlled news outlets did not report 
the story.  Notable among those that did cover the court's decision, 
pro-government "Astana TV" reported not only on the case but on the 
international observers at the appeals hearing and subsequent 
international reaction.  Some non-government outlets, such as the 
"Kazakhstan Today" news service and independent "Vremya" newspaper, 
quoted Zhovtis' lawyer and other dissenting voices, including 
criticism of the court proceedings lodged by international groups 
like Freedom House.  More progressive and opposition outlets covered 
the story heavily and alleged government pressure on both the 
judicial process and on the supporters of Zhovtis.  Almost all of 
the independent voices in Kazakhstan's press published or quoted 
from the U.S. Embassy's statement on the court's decision, the text 
of which was included in reftel.  END SUMMARY. 
 
VOICES IN THE WILDERNESS 
¶2.   The major government-owned television stations did not report 
on the Zhovtis appeal.  However, pro-government "Astana TV" and 
independent, popular "KTK" not only reported the case, but also 
included information sympathetic to Zhovtis, such as his apology to 
the victim's family and his financial support for the victim's 
family.  "Astana TV" also mentioned that the case was drawing public 
attention in Kazakhstan and abroad, and "some international and 
Kazakhstani organizations have already made statements in support of 
Zhovtis."  Almaty's independent "Tan TV" also reported on the case, 
mentioning many of the pro-Zhovtis facts noted above, and pointed 
out that the government had decided to change the penal colony 
assignment for Zhovtis from a camp located near Astana to one near 
Ust-Kamenogorsk, isolated far from either the political or media 
capitals of Kazakhstan. 
"I DO NOT BELIEVE IN MY COUNTRY" 
 
¶3.  Like their broadcast brethren, the major government print 
dailies ignored the Zhovtis appeal completely.  It was left to the 
independent, Russian-language newspaper "Vremya" to report the 
outcome of the appeal.  "Vremya" focused on the drama surrounding 
the trial, mentioning that many journalists, human rights activists, 
politicians, and representatives of foreign embassies and 
international organizations came to the courthouse.  The author 
observed that "the police didn't let Zhovtis supporters place 
posters on their bus, calling it an unsanctioned activity, and half 
of the journalists on hand were not allowed to enter the court." 
The author also sought comment from notable observers.  "When we saw 
that Zhovtis was not present in the courtroom, it was clear that 
nobody would change the previous decision," said Bolat Abilov, 
leader of the Azat Party.  Zhemis Turmagambetova, director of the 
Charter for Human Rights, lamented, "It is sad and painful that we 
could not save our colleague from imprisonment.  I do not believe in 
my country." 
 
¶4.  The independent Kazakhstani news agencies, "Kazakhstan Today" 
and "Interfax," both reported the story.  "Kazakhstan Today" cited 
Zhovtis' lawyer, Vitaly Voronov, who questioned the original judge's 
decision.  "It is obvious that [the previous] sentence is illegal, 
groundless, and unfair.  The decision had already been made before 
the hearing, because the judge took only 15 minutes in the jury room 
and came out with 4-5 pages of documents, which would have been 
impossible to write up in such a short period of time," said 
Voronov.  "Interfax" reported Freedom House's criticism of the 
decision. 
 
A LONG AND WINDING ROAD 
 
¶5.  The opposition media expressed outrage about the verdict and 
focused on allegations of pressure brought to bear on Zhovtis' 
defenders by the authorities.  Radio Free Europe/Radio Liberty's 
 
ASTANA 00001919  002.3 OF 002 
 
 
"Radio Azzatyq" quoted the director of Human Rights Charter, Zhemis 
Turmagambetova, who complained "The (appellate judge) didn't take 
into consideration mitigating circumstances.  He didn't take into 
account that the mother of the victim came to the court and said, 'I 
forgive him.'  He didn't take into consideration [Zhovtis'] 
financial compensation (to the family)."  Vyacheslav Abramov, 
director of the MediaNet NGO, remarked that the authorities had only 
provided a very small courtroom, resulting in just 30 of the 100 
observers being able to attend the trial. 
 
¶6.  Several independent outlets reported on the difficult journey 
experienced by a group of Zhovtis supporters on their way to the 
courthouse on the day of the trial.  "Radio Azzatyq" reported, "The 
motorcade of Zhovtis' supporters experienced several obstacles on 
its way from Almaty to Taldykorgan," pointing out numerous road 
police checks and "blockages due to road incidents."  Independent 
Internet newspaper "Zona.kz" chronicled the commute of Roza 
Akylbekova, acting director of Zhovtis' Human Rights Bureau, who 
took the victim's mother to the trial.  Suggesting that the 
travelers "faced obstacles on their way to Taldykorgan (the trial 
site) created by law enforcement officials," the author asserts that 
"they had to overcome pressure from people who were not interested 
in their attendance at the trial, a car accident, and an attempt at 
forced detainment, among other things." 
 
¶7.  Centrist weekly "Panorama" pointed out that Zhovtis' supporters 
are all convinced that the case is really just a government attack 
on Zhovtis.  Independent journalist Sergei Duvanov accuses the 
government of having a secret video of the accident that it is using 
to pressure the victim's family.  The author also noted that 
Zhovtis' lawyer said that he would recommend that his client not 
appeal again in Kazakhstan, but instead address the UN Human Rights 
Committee. 
 
U.S. EMBASSY STATEMENT 
 
¶8.  The U.S. Embassy statement on the appellate decision (reftel) 
was widely cited by media outlets that chose to cover the story. 
The news services quoted from it liberally, while the newspapers and 
television stations simply noted, "the U.S. Embassy has already 
expressed concern about the decision." 
 
¶9.  COMMENT:  Our Almaty PAO officer who attended the appeal 
observed that, after the decision had been handed down, the 
observers who had been able to squeeze into the courtroom came 
outside where Zhovtis supporters were beginning a press conference. 
A ring of 52 police officers in riot gear circled the crowd and 
gently but firmly moved the supporters away from the courthouse, 
leaving no one in doubt as to who was in charge.  END COMMENT 
 
HOAGLAND