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S E C R E T SECTION 01 OF 02 BISHKEK 001244 
 
SIPDIS 
 
STATE FOR SCA/CEN 
 
E.O. 12958: DECL: 12/21/2019 
TAGS: KLIG PREL PINR ASEC PGOV KG
SUBJECT: ENDING THE FSN CONTROVERSY, AND MAKING THE PRESS 
 
REF: BISHKEK 1224 AND PREVIOUS 
 
Classified By: Charge D'Affaires Larry L. Memmott, for Reasons 1.4 (b) 
and (d). 
 
¶1.  (U) Summary:  In a series of meetings with several Kyrgyz 
government interlocutors over the past week, we have pressed 
for a document from the government formally ending, or 
notifying the USG of a final ending, of the criminal process 
against our two local employees, arrested by the National 
Security Service in October.  We have received indications 
that such a document will be forthcoming, but have not yet 
received it.  Meantime, Russian website segodnia.ru broke the 
story of the arrests on December 2, in an anti-American 
screed full of errors, but accurately naming one of our local 
employees.  End Summary. 
 
¶2.  (C) We met on the evening of November 24 with Maxim 
Bakiyev to discuss moving forward the bilateral Economic 
Development Fund (septel).  In the course of the discussion, 
Bakiyev asked about the status of the issue related to our 
local employees.  We told him that it is not yet fully 
resolved; that we need a document from the government, 
perhaps a diplomatic note, formally stating that the criminal 
process against our employees has been permanently ended. 
Bakiyev clearly understood the need for such a document and 
said he would "work with the Foreign Minister to help him 
provide such a document." 
 
¶3.  (C) Sarbayev called the Embassy and asked for a meeting 
"immediately" the next day.  During the meeting he said he 
was concerned because the legal process was continuing in the 
Kyrgyz courts as the lawyers of our FSNs proceeded with the 
numerous procedural challenges and appeals they had filed. 
It was a matter of time before this case leaked into the 
press, "which will do none of us any good."  We told Sarbayev 
that our employees had received nothing more than an oral 
statement from the SNB investigator to the effect that they 
would not face criminal charges.  They had received no 
written confirmation whatsoever.  Further, their lawyers had 
informed us that under the provision of law used to release 
them it is not clear that charges could not be reinstated at 
a later date.  That being the case, we felt we had no choice 
but to continue to protect the legal rights of our employees. 
 
¶4.  (C) Sarbayev responded by emphasizing, again, the 
importance of keeping the case quiet.  We told him that if we 
were to receive a diplomatic note which clearly stated that 
the case against our employees had ended for good, we would 
be able to end legal action.  Sarbayev said that it would 
take some work, but he expected he could provide such a 
document.  To do that, he said, he would need us to end legal 
proceedings immediately.  We agreed to explore that 
possibility and get back to him. 
 
¶5.  (C) RSO met with the lawyers the evening of November 25 
to review the status of the case and ask their opinion.  The 
lawyers said that they could withdraw their protests and 
complaints without prejudice, reintroducing them at a later 
date if that became necessary.  We requested that they do so, 
and informed the FM that they would do so. 
 
Into the Press 
-------------- 
 
¶6.  (U) On December 2, Russian web site segodnia.ru published 
a one page article on the case.  Identifying its principal 
source as someone in the "special structures of Kyrgyzstan" 
(presumably the National Security Service, SNB), the article 
contains a mix of correct facts, errors, and anti-American 
statements.  Most of the facts of the case itself are 
correct, and the site actually identifies by name RSO FSN 
Emil Chodronov.  The descriptions of high level USG-Kyrgyz 
Government meetings related to the case suggest the source 
 
BISHKEK 00001244  002 OF 002 
 
 
may have been in the lower reaches of the SNB, aware in 
general of the conversations, but without an accurate 
understand of who the players were or how the meetings took 
place. 
 
¶7.  (S) GRPO met with SNB contacts on December 1 and raised 
the need for a document ending the case.  SNB agreed and 
promised to communicate with the Foreign Ministry to move the 
issue forward. 
 
¶8.  (C) Comment: We have been expecting word of this case to 
get to the press.  With the legal process over and our 
employees out of custody, it is relatively easy to describe 
the case as a matter of misunderstanding without going into 
details.  Post will forward proposed press guidance via email 
today.  In the meantime, FM Sarbayev has been in Greece this 
week.  We will approach him upon his return to ask about 
progress on a diplomatic note (or other document) putting 
this episode finally behind us. 
MEMMOTT