How the Kazakh government played everybody regarding the Zhovtis case!
It's awful to read this WikiLeaks cable of September 18, 2009, revealing the awful cunning and cynical manipulation of the Kazakh government -- and how everybody seems to have bought it at the time, seriously hindering the defense of Zhovtis.
Shouldn't they have learned long, long ago that you never believe the Soviet-type secret policy when they tell you "be quiet, it will go well for you."
I realize the people involved may have meant well -- or at least some of them. But why wasn't anybody questioning this lose-lose strategy? I can't help thinking of Zhovtis himself had not been locked in a jail cell at the time, he might have counseled more protest.
As the New York Times reported at the time, Zhovtis paid $15,000 compensation to the family of the man he accidently struck and killed, and we know the family had originally written a statement saying they were not pressing charges. So what happened?
From the cable, we learn:
Convicted human rights advocate Evgeniy Zhovtis' lead lawyer, Vitaliy Voronov, predicts Zhovtis will not be acquitted at his appeal hearing but that his sentence might be reduced. Voronov said he had been told that "someone high up in the government" had triggered the trial by telling President Nazarbayev that Zhovtis had been drunk when the auto accident happened. Kazakhstan remains hypersensitive to any criticism about the Zhovtis case. To benefit Zhovtis, we recommend that any public statements and private conversations with Kazakhstani government officials hue strictly to advocating a fair and transparent appeals case that fully respects the rule of law.
Does that explain the rather mild Soros statement? But since when does OSI do what a US diplomat tells them to do? They might defer to the judgement of the lawyer in this case, but why didn't experience with this region dictate to them otherwise, that the bluff on this had to be called?
It's really awful to watch this unfold, because every muted and muffled statement and delayed action and effort to refrain from ruffling the Kazakh official's "sensitivities" cost Zhovtis more time in jail.
Voronov thanked the Ambassador for the statement the U.S. Embassy released on September 4 and characterized it as "balanced and correct." He also thanked the Ambassador for working quietly with high-level Kazakhstani officials to express concerns about the way in which the Bakanas court and the local prosecutor had handled the case. Voronov cautioned that it would be inadvisable to "politicize" the case at this time, although it would be appropriate for all interested parties who want to be helpful to Zhovtis and his supporters to continue to express hope that the procedures and ruling of the appeals court will be fair.
If anything, the "politicizing" came in muting the response of the case. From previous cases we know (i.e. Sergei Duvanov) the Kazakh officials often resort to thuggery and violence or trumped-up criminal cases. They were clearing testing the waters to see what they could get away with.
The idea that the false version of Zhovtis supposedly being drunk somehow convinced Nazarbayev to try him and "follow the law" really seems contrived. The prosecutors knew he was not intoxicated. They had the evidence. So where did the "version" come from that he was drunk? The KGB's successor, the Committee for National Security (KNB)? More likely than not -- but then it may have been with the president's consent or consent of other high officials. It's all hearsay passed to the lawyer -- and yet he buys it.
Under the sub-heading "Something Happened," the cable writer describes Voronov's account of the case taking an odd turn:
4. (C) As they discussed the case in detail, Voronov told the Ambassador that initially, immediately after the accident, the investigation had been conducted fairly and professionally. Zhovtis had provided the investigator with a copy of a written statement from the victim's family that acknowledged Zhovtis had helped them "with financial and moral support" and that requested no charges be brought against him. Subsequently, however, Voronov said, the prosecutor "cheated" Zhovtis by not including the statement in the documentary evidence for the case. Voronov added that Zhovtis, too, had made a "stupid mistake" by not insisting on a receipt for the document. In any case, likely under pressure from the prosecutor, the investigator unexpectedly changed Zhovtis' status from "witness" to "suspect" without notifying him. Further, during the trial, the prosecutor denied that he had ever received a copy of the document from the victim's family requesting that no charges be filed against Zhovtis.
Well, wait. Stupid mistake? If the relatives wrote such a statement, and a copy of it was given to the prosecutor, and he failed to give a receipt, couldn't they re-submit it? Why wouldn't subsequent appeals allow the re-submission of this vital document? I realize it's Kazakhstan and all kinds of things go wrong or are deliberately obstructed, but it seems strange to blame the problem on Zhovtis' failing to get a receipt for a document that he likely assumed was obvious and self-explanatory. Was the family pressured not to ensure it was re-submitted?
What's more likely than not is that this situation was manipulated by the KNB so that the paper was "lost".
A section on Zhovtis' high-level friends even invokes Saudabayev:
5. (SBU) Voronov made clear that Zhovtis is widely respected by a number of high government officials. Voronov told the Ambassador that in recent days he had spoken about Zhovtis with State Secretary-Foreign Minister Kanat Saudabayev and several other senior Foreign Ministry officials, all of whom openly expressed respect for Zhovtis.
Yeah, so much respect, that later, as we know from another WikiLeaks cable, in his conversation with Holbrooke, he compared Zhovtis to Roman Polanski (!) and refused to budge on his case.
The Kazakh government was lucky in having Zhovtis as their chief human rights defender, as he is principled and "correct" as they say in Russia, i.e. polite and decent. They had someone who didn't become riled or give into provocations but was just quietly articulating his honesty, with a help of a lawyer who doesn't appear to be a tower of strength against the regime in this instance, but that's likely too much to ask:
He said that Zhovtis is "a very correct person, who has never had a conflict with the President." Asserting Zhovtis is practically the conscience of Kazakhstan and a human symbol of Kazakhstan's democratization, Voronov claimed that no one could wish to silence him, "not Nazarbayev, and not anyone else in the government." Voronov said that, in his opinion, the court case occurred because Zhovtis refused to plead guilty, which would have meant the case would never have gone to court. "But according to the law, he is innocent," Voronov declared and, therefore, Zhovtis was taking a principled stand to prove that he had acted appropriately after the accident. If he had pled guilty, Zhovtis feels he would have lost public credibility and would be unable to continue his work as a human rights' defender.
Really?! Not Nazarbayev or anyone else in the government? Yet we were just told that some agent falsely reported to Nazarbayev that Zhovtis was drunk -- and the impression is created that Nazarbayev was going to do the right thing, but then learned this "detail," regrettably, with a world-weary expression on his face, could not let Zhovtis go. Doesn't this make you sick??? Why do people buy this crap???
"So whodunnit?" asks the cable writer -- who was responsible for the decision to put Zhovtis away? Exactly the question.
If it's true that "no one wanted to silence Zhovtis," the Ambassador asked Voronov, what, in his view, had really happened to cause the government to file the case that eventually led to Zhovtis' conviction and a harsh, if legal, sentence. Backing off from his earlier statement that no one in the government could have wished to silence Zhovtis, Voronov confided he had met with Presidential Domestic Policy Adviser Yermukhamet Yertysbayev who was outraged by the Zhovtis case. According to Voronov, Yertysbayev said that apparently someone told the president, when Nazarbayev enquired about the case, that Zhovtis had been drunk when the fatal accident happened. Nazarbayev reportedly responded, "OK, in that case, follow the law." When the Ambassador asked who would have done this, Voronov replied it would have had to have been someone at the "top" of either the Committee for National Security (KNB) or the Presidential Administration -- i.e., KNB Chairman Shabdarbayev or Head of the Presidential Administration Musin. Voronov added, "I am inclined to believe it was most likely the KNB. Maybe it was the Chairman acting on his own."
Well, if you believe that, you believe in the tooth fairy. Naturally in these Soviet collectivized governments where the Party works hand in glove with the KGB, they cooperated on this, one suggesting the scenario, the other authorizing.
Voronov continues to play down the case -- speculating that his client might be released after only two years, or only put under house arrest, or even released under an amnesty. Why did he do this?!
The lawyer speaks incorrectly of the case possibly "reaching the UN Human Rights Council" -- but that's not how it works. It might reach the UN Human Rights Committee, the human rights treaty body, because Kazakhstan signed the optional protocol permitting its citizens to make such complaints. The Human Rights Council is the political body of states that takes up issues and countries, but they wouldn't take up a single case like this.
This revelation by WikiLeaks of a conversation within the US Embassy in Astana also sheds light on the secret workings of OSI:
10. (C) On September 11, during a meeting on other issues, the Ambassador informed Deputy Foreign Minister Kairat Umarov that the Open Society Institute planned to send prominent U.S. lawyer Scott Horton to Kazakhstan to consult with Zhovtis' legal team. The Ambassador emphasized that this was a private-sector NGO initiative and not in any way sponsored by the U.S. government. He added, "I want to make clear there are no official fingerprints on this," and reiterated the private-sector NGO nature of this initiative. Umarov replied that the Horton visit would be counter-productive and viewed by some as "a provocation."
Given that Zhovtis' own lawyer and the post were telling OSI to go slow, that may account why they did produce such a cautious statement in September 2009, and delayed Horton's trip (and there may have been logistics issues with short notice, but a decision seems to have been made at the time not to have a high-level presence at the trial.)
And when people hold you hostage that way, implying that any of your more radical protests might harm the very person you are hoping to help, boy can you be persuaded. Yet these people are all savvy and experienced with how these lying thuggish regimes operate. Horton came anyway, but not for the days of the trial, and the other cable says the Embassy briefed him on September 25 about the court hearing their staff person had observed.
And now, read this far-fetched portrayal of Kazakhstan -- Kazakhstan ! -- suddenly becoming all pious and literalist about making sure that "no one is above the law" -- even a revered human rights activist. Right!
Voronov's version of why the Zhovtis case went to trial might explain Kazakhstan's hypersensitive reaction to international pressure on this issue, a reaction that sharply emphasizes that no one is above the law. If indeed Nazarbayev actually said, "OK ... follow the law," all subsequent talking points would flow from Number One's rather off-hand comment. More interesting to know would be, if in fact it happened as Yertysbayev told Voronov, what Shabdarbayev or Musin had in mind. Silence a human rights critic during Kazakhstan's OSCE chairmanship? Damage Kazakhstan in the eyes of the West? Both are reportedly hard-core, old-guard, and pro-Moscow. To benefit Zhovtis, we recommend that any public statements and private conversations with Kazakhstani government officials hue strictly to advocating a fair and transparent appeals case that fully respects the rule of law.
So two and a half years later, let's review this. This sort of cautious, quiet approach DID NOT WORK. The Kazakhs did not budge. It did not help Zhovtis. He served 2.5 years in prison, and the level of his freedom now that he is released isn't at all certain.
Why do I dredge up this old cable and this old story of the early days after Zhovtis' arrest? Because we can see where it all went wrong, and will go wrong again. Right now, some people are following the same tactics with those arrested now, invoking "sensitivities". Indeed, as I outlined with the trip to Kazakhstan from the representative of the Office of the UN High Commissioner for Human Rights, no statement was made at all about Zhanaozen, and a pledge to allow in investigators that was not sincere and never forthcoming unfortunately was taken at face value and enabled the media to spin the government positively on the eve of elections.
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