US embassy cable - 05ALMATY346

UNCLAS  ALMATY 000346 
 
SIPDIS 
 
 
STATE FOR EUR/CACEN (JMUDGE), EUR/PHD (PDAVIS) 
 
SENSITIVE 
 
E.O. 12958: N/A 
TAGS: PGOV, PREL, KDEM, PHUM, KZ, Human Rights, POLITICAL 
SUBJECT: PROCURATOR GENERAL DISCUSSES NGO RAIDS WITH 
AMBASSADOR 
 
Ref: A) ALMATY 216 
 
1. (SBU) SUMMARY: During a January 24 introductory call on 
Procurator General Rashid Tusupbekov in Astana, the 
Ambassador discussed several recent law enforcement raids 
against USAID implementing partner democratization NGOs (Ref 
A).  The Ambassador cautioned that these GOK actions may 
have serious consequences for the bilateral relationship. 
He further noted that such raids, viewed in the context of 
the recent judicial deregistration of opposition party 
Democratic Choice of Kazakhstan (DCK) and tax cases against 
Soros Fund Kazakhstan (SFK), sent the wrong signal about 
Kazakhstan's commitment to democratization.  Tusupbekov 
agreed that the Procuracy would address future concerns 
about these NGOs to the Embassy before taking law 
enforcement actions.  END SUMMARY 
 
SOROS FUND KAZAKHSTAN 
--------------------- 
 
2.(SBU) At his introductory meeting with the Procurator 
General, the Ambassador expressed his concern about the 
criminal charges against Soros Fund Kazakhstan (SFK), 
highlighting that SFK had voluntary paid over $600,000 in 
back taxes and penalties in a civil case, with the 
understanding that this payment would resolve all 
outstanding issues.  The Ambassador stressed that many would 
see the subsequent criminal tax case against SFK, based on 
the same claim, as an attempt to drive SFK out of 
Kazakhstan. 
 
3. (SBU) The Ambassador understood that SFK and the 
Procuracy were close to a "positive" resolution of the 
current case, wherein SFK would issue a statement that the 
organization did not intend to violate the law and would not 
do so in the future, and the case would be dismissed. 
Tusupbekov responded that Deputy Procurator General 
Zhukenov, who oversees law enforcement agencies, would meet 
with SFK on January 25.  If the charges are determined to 
have been "brought in haste without due consideration," 
where an acceptable non-judicial resolution to the dispute 
could have been reached, then the charges will be dropped. 
Tusupbekov praised SFK's charitable projects and democracy 
initiatives, and expressed the hope that SFK would continue 
this work. 
 
RAIDS ON DEMOCRACY NGOS 
----------------------- 
 
4.  (SBU) The Ambassador reiterated that support for the 
development of democratic institutions remained a core USG 
interest.  A recent spate of law enforcement raids against 
NGOS who are USAID implementing partners for democracy 
programs has undermined USG confidence that the GOK welcomes 
these NGOs and their work.  He showed Tusupbekov a USAID 
chart, illustrating 15 law enforcement raids by three GOK 
agencies (tax police, immigration police, and customs) 
against eight NGO partners (Eurasia Foundation, NDI, IRI, 
Freedom House, IFES, Counterpart Consortium, International 
Center for Non-for-profit Law, and SFK) in the last week. 
The Ambassador noted that out of 64 USAID partner NGOs that 
work in Kazakhstan, only these eight democratization NGOs 
were targeted for investigation. (Comment: The tax police, 
immigration police and customs officers are not subordinate 
to the Procuracy; however, the Procuracy is responsible for 
determining which charges will be investigated, and 
procurators exercise a greater influence on law enforcement 
investigations than U.S. prosecutors. End Comment.) 
 
5.  (SBU) After carefully scrutinizing the chart, Tusupbekov 
appeared to concede a pattern in the raids, but insisted 
that the law enforcement investigations were ordered by 
members of Parliament, who claimed that these NGOs were 
"interfering in the internal affairs" of the country by 
providing financing to political parties, among other 
alleged violations.  The Ambassador responded that the USG 
requires its NGO partners to comply with all aspects of the 
bilateral agreement under which USAID and its programs 
operate.  U.S. NGOs understood, he said, that providing 
financing for Kazakhstani political parties is illegal under 
both U.S. and local law. 
 
CONTEXT AND POSSIBLE CONSEQUENCES 
--------------------------------- 
 
 
6.  (SBU) The Ambassador gave a brief explanation of 
certification.  He noted the negative impact that the raids 
on NGOs could have on the question of certifying to Congress 
whether Kazakhstan has made significant progress on respect 
for human rights.  The Ambassador highlighted for Tusupbekov 
the need for immediate positive steps to counter evidence 
that the GOK did not welcome pro-democracy NGOs.  The 
Procuracy, he said, should address future concerns about 
these NGOs' activities directly to the Embassy, and not 
through intimidating law enforcement raids of the NGO 
premises. 
 
7.  (SBU) Tusupbekov agreed that cooperation between Post 
and the Procuracy was a better way to resolve GOK concerns. 
The Procurator requested that USAID work with his office to 
set up a briefing for NGOs to explain the laws of Kazakhstan 
to prevent future "misunderstandings."  The Ambassador 
agreed that this was a reasonable request, and designated 
USAID RLA as liaison. 
 
8.  (U) Dushanbe minimize considered. 
 
ASQUINO 
 
 
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