Letter to Secretary of State Colin Powell

July 25, 2003

The Honorable Colin Powell
Secretary of State
Department of State
Washington, D.C. 20520

Dear Mr. Secretary:

We are writing in relation to the Department's July 22, 2003 certification to Congress that Kazakhstan has made significant improvements in human rights in the last six months, as required by Section 574(b) of the Foreign Operations Appropriations Act for fiscal year 2003. We understand the Department's rationale for its decision. But given the Department's own statement in March, in the annual human rights report, that the Kazakh government's human rights record had "worsened," as well as more recent developments, we wish to raise several additional concerns.

Human Rights Watch recently reported "a clear crackdown on opposition political parties" in Kazakhstan, including unreasonable requirements for registering political parties that have reduced the number of registered parties from 19 in 2002 to seven in 2003. The government continues to arbitrarily obstruct registration of political parties and has pressed politically motivated charges against opposition party members and supporters. Government officials regularly harass party activists and their families to encourage them to end their political activities. Human Rights Watch has also identified government harassment and intimidation of non-governmental organizations, including the adoption of new measures to control their work, as a significant concern.

While we welcome the Department's role in achieving the release from prison of opposition member Mukhtar Ablyazov, his forced announcement that he will no longer participate in politics sets a poor precedent for other political prisoners. The conditions of his release arguably send the same message as his arrest: that political opposition is not tolerated in Kazakhstan.

We also welcome the Department's commitment to due process in the appeal of independent journalist Sergei Duvanov, but we are disappointed there has been no progress in his case. The OSCE has condemned his politically motivated trial as flawed, and his imprisonment has chilled the media climate in Kazakhstan. As Human Rights Watch reported on June 30, "Editors and journalists who criticize the president, cover the political opposition, or expose official corruption have been victims of attacks and beatings by unknown individuals. The government also targets them for criminal libel cases.... In the face of these problems, Kazakh journalists have in the past four weeks claimed an ever-growing climate of fear and have increasingly resorted to self-censorship."

We particularly appreciate and welcome the benchmarks for future progress the Department has set for Kazakhstan, including passage of legislation on media, NGO's, and elections that incorporates key OSCE recommendations; due process in the case of Sergei Duvanov, including thorough consideration of his first trial's serious violations of due process; registration of public associations such as the Democratic Choice of Kazakhstan; and an end to harassment of independent media. We also believe that similar progress is necessary on the issue of political prisoners. We ask that you hold Kazakhstan to the standard of "substantial progress" required by Section 574(b) in each of these areas, and that the Department make clear that Kazakhstan's next certification under the law will depend on it.

Thank you for considering our views.

Sincerely,

John McCain Joe Lieberman

Patrick Leahy Mitch McConnell