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C O N F I D E N T I A L SECTION 01 OF 03 ASTANA 000275 
 
SIPDIS 
 
STATE FOR SCA/CEN, EUR/RPM, DRL, INL/AAE, G/TIP 
 
E.O. 12958: 02/26/2030 
TAGS: PGOV PREL PHUM SOCI SNAR KDEM KTIP KZ
SUBJECT:  KAZAKHSTAN:  MINISTER OF JUSTICE PRAISES COOPERATION WITH 
THE UNITED STATES, SUPPORTS AMNESTY FOR PRISONERSS 
 
Classified By: Ambassador Richard E. Hoagland, 1.4 (B), (D) 
 
REFTEL:  ASTANA 00272 
 
¶1.  (C) SUMMARY:  On February 25, the Ambassador met with Minister of 
Justice Rashid Tusupbekov to discuss ongoing legal reforms and the 
possibility of a general amnesty that could include jailed prominent 
Kazakhstani human rights defender Yevgeniy Zhovtis.  Tusupbekov 
praised cooperation with the United States on judicial education, and 
countering human and narcotics trafficking.  He underlined 
Kazakhstan's commitment to "humanizing" and reforming its legal 
system, and said he had submitted a recommendation for an August 30 
amnesty, including for those who have committed "less grave crimes" 
(like Zhovtis).  He promised to support the U.S. request for Helsinki 
Commission staffers to visit Zhovtis in early March, and said 
Kazakhstan will continue to work closely with the United States on 
the annual trafficking in persons report and the bilateral Science 
and Technology Agreement.  Tusupbekov closed the meeting by noting 
that Kazakhstan's cooperation with the United States is very 
important, and said a bilateral meeting between President Obama and 
President Nursultan Nazarbayev in Washington in April, if it takes 
place, "could lead to opportunities for further cooperation."  END 
SUMMARY. 
 
MINISTRY OF JUSTICE WORKING TO HUMANIZE THE JUSTICE SYSTEM 
 
¶2.  (SBU) Initially, adopting a formal style, the Minister of 
Justice, Rashid Tusupbekov, opened his first meeting with the 
Ambassador by enumerating a his Ministry's responsibilities and 
goals.  According to Tusupbekov, President Nursultan Nazarbayev 
instructed the Ministry to improve the quality of their legislative 
work, improve conditions for businesses to operate, and humanize the 
penitentiary system. 
 
KAZAKHSTAN DENOUNCES SOVIET LEGACY OF CRIME AND PUNISHMENT 
 
¶3.  (SBU) Tusupbekov spoke with conviction about the social and 
economic costs to Kazakhstan of the Soviet legacy of overly punitive 
legislation and sentencing, which he asserted are a legacy of the 
Soviet system.  The Minister noted that Kazakhstan's penitentiary 
system is currently responsible for over 100,000 convicts, about 
40,000 of whom are serving non-jail sentences.  Tusupbekov stated 
that the Kazakhstani Government established an inter-agency 
commission to reform the law enforcement system, in which his 
Ministry participates actively.  He asserted that his Ministry is 
committed to "humanization and decriminalization" of the 
law-enforcement system, and said he plans to liberalize Kazakhstan's 
criminal code, reduce the number of crimes punished by jail 
sentences, and replace them with more humane types of punishment, 
such as fines and corrective labor.  Tusupbekov said these steps will 
reduce the size of the prison population, and alleviate the burden on 
the prison administration. 
 
¶4.  (SBU) Tusupbekov listed recent accomplishments, including the 
opening of five new "international-standard" facilities, that 
replaced Soviet-style barracks housing with cells.  Finally, 
Tusupbekov noted that United Nations Special Rapporteur on Torture 
Manfred Novak, who will present his report on his May 2009 visit to 
Kazakhstan to the United Nations Human Rights Commission next month, 
said Kazakhstan is making good progress. 
 
AMBASSADOR REITERATES U.S. SUPPORT FOR KAZAKHSTAN'S REFORMS 
 
¶5.  (SBU) In response, the Ambassador praised the Ministry of Justice 
for its commitment to legal reforms, and thanked the Ministry for 
supporting the bilateral Judicial Education Program that is training 
257 judges and 600 judicial sector personnel on commercial law.  The 
Ambassador noted that during INL Assistant Secretary David Johnson's 
 
ASTANA 00000275  002 OF 003 
 
 
December 2009 visit, Deputy Foreign Minister Umarov said Kazakhstan 
would welcome U.S. assistance on legal reform, and asked how the 
United States could further assist in supporting the Ministry's legal 
reforms.  In addition, the Ambassador asked Tusupbekov how the U.S. 
Government might be able to help the U.S.-Kazakhstan Legal 
Association that Kazakhstan's Ambassador to the United States, Erlan 
Idrissov, is working to establish. 
 
CONSTITUTION DAY AMNESTY FOR ZHOVTIS? 
 
¶6.  (SBU) In response to the Ambassador's query about a possible 
general amnesty this year, Tusupbekov confirmed that he had forwarded 
his recommendation to grant amnesty to approximately 20,000 prisoners 
convicted of "less grave crimes" to the Parliament and the 
President's Cabinet.  According to Tusupbekov, the amnesty would have 
a positive social impact, since it would also include female convicts 
with young children, war veterans, the disabled, and juvenile 
offenders.   Tusupbekov said that in his recommendation, he suggested 
that it would be appropriate if the amnesty coincided with the 
fifteenth anniversary of the adoption of Kazakhstan's Constitution 
(August 30).  However, Tusupbekov said the amnesty is now "a 
political decision" that will be made by the Parliament and the 
Cabinet. 
 
MINISTER PROMISES PERSONAL SUPPORT ON ACCESS TO VISIT ZHOVTIS 
 
¶7.  (SBU) The Ambassador thanked Tusupbekov for granting PolOff 
permission to visit Yevgeniy Zhovtis in Ust-Kamenogorsk on February 
24 (reftel), and noted that it would be very helpful for bilateral 
relations if the Penitentiary Committee could approve the Embassy's 
pending request for two staffers from the Helsinki Commission of the 
U.S. Congress to visit in early March.  In reply, Tusupbekov said he 
would do his best to make it happen. 
 
MINISTER SAYS POLITICAL PARTY LEGISLATION WILL FOLLOW THE LAW 
 
¶8.  (SBU) The Ambassador raised the case of the Alga Party, currently 
seeking registration under ratified amendments to the political party 
law, commenting that he hoped this case will be resolved quickly and 
in full accordance with the new law.  Tusupbekov said his Ministry 
will comply with the court ruling, whatever it may be. 
 
COUNTERING NARCOTICS AND HUMAN TRAFFICKING 
 
¶9.  (SBU) The Ambassador thanked the Ministry of Justice for its 
cooperation on countering narcotics and human trafficking, and said 
we want to continue this positive work.  In particular, the 
Ambassador congratulated Kazakhstan for opening its first 
government-supported trafficking in persons shelter in September 
¶2009.  Tusupbekov thanked the U.S. Government for helping on these 
critical issues, in particular, certain training programs. 
Tusupbekov mentioned that the INL-sponsored travel of a Kazakhstani 
delegation headed by Vice Minister Kusdaveltov to Italy was very 
useful.  Tusupbekov noted that the Cabinet recently established a 
three-year, 3 million tenge project to support NGOs and maintain a 
call center for TIP victims.  Tusupbekov added that the government 
will also provide 3 million tenge for a shelter, 6 million tenge for 
media campaigns against TIP, and 5 million tenge for a rehabilitation 
center.  He said his Ministry also utilized a $350,000 U.S. grant to 
provide training to prosecutors and judges. 
 
¶10.  (SBU) In relation to drug trafficking, which Tusupbekov 
acknowledged is a serious problem for Kazakhstan, especially because 
it is a transit country for Afghan opiates, Tusupbekov said he hopes 
that Kazakhstan's inter-agency Commission on Law Enforcement will 
approve a proposal to set up a separate agency, similar to agencies 
his experts observed in Russia, to combat drug trafficking. 
Tusupbekov encouraged the U.S. Drug Enforcement Agency to open an 
 
ASTANA 00000275  003 OF 003 
 
 
office in Almaty, telling the Ambassador that the United States, with 
its extensive experience, would be a good partner in combating this 
evil. 
 
SCIENCE AND TECHNOLOGY AGREEMENT 
 
¶11.  (C) The Ambassador also raised the issue of the bilateral 
Science and Technology Agreement, the final English text of which the 
Kazakhstani Government is reviewing.  Tusupbekov said that since 
there is a possibility that President Nazarbayev and President Obama 
might meet in Washington in April, it would be in our mutual best 
interests to have the agreement ready, and directed his staff 
accordingly.  Tusupbekov underscored that the Ministry of Justice 
recognizes the benefit to Kazakhstan from cooperation with the United 
States, and added, "if a meeting between our Presidents takes place, 
it could lead to opportunities for further cooperation."  (NOTE:  In 
fact, the Ministry of Education and Science has not yet transmitted 
the draft to the Ministry of Justice.  END NOTE.) 
 
¶12.  (C) COMMENT:  Throughout the meeting, the Minister was 
well-briefed and very engaged, taking notes, and nodding approval 
during the Ambassador's remarks.  Tusupbekov also appeared to be a 
proactive team-player, for instance, clarifying during the meeting 
which of his subordinates would follow up on key topics, including 
access to visit Zhovtis, and facilitating exchange of information for 
the Trafficking-in-Person's Report and the Science and Technology 
Agreement.  In a sometimes top-down culture, the Minister's 
willingness to permit subordinates to work directly with the Embassy 
is most welcome.  END COMMENT.