Turkmenistan: Test of the New Leader's Reform Commitment Proves Inconclusive

A litmus test of the new Turkmen leadership's commitment to political change has proved inconclusive. In what human rights advocates termed a politically motivated case, a Turkmen court on January 31 convicted environmentalist Andrei Zatoka of possessing illegal weapons and poisons. His three-year sentence, however, was suspended, and he was allowed to return home on parole.

Zatoka's arrest in mid-December came just days before the unexpected death of Turkmenistan's former dictator Saparmurat Niyazov. [For background see the Eurasia Insight archive]. Since then, the country's interim leader, Gurbanguly Berdymukhammedov, has repeatedly voiced a desire to implement some reforms to improve conditions in the totalitarian system built by Niyazov. Prior to the start of the trial, which lasted just a few hours, human rights advocates portrayed Zatoka's case as a bellwether of Berdymukhammedov's sincerity. The verdict, however, did not provide a clear-cut answer.

"It's unquestionably a positive step that Andrei was released," said Erika Dailey, director of the Turkmenistan Project at the New York-based Open Society Institute. "But by charging him with serious crimes, keeping him largely incommunicado, and terrorizing him with threats of lengthy incarceration in appalling conditions, the new leadership has shown itself to be no better than Niyazov in its treatment of civil society, which is very little indeed." [EurasiaNet, like the Turkmenistan Project, operates under OSI's auspices].

Dailey characterized Turkmen officials' handling of the Zatoka case as a face-saving measure, designed to appease Western governments while still furthering the government's primary goal of muzzling all forms of dissent. "The criminal charges against him were aimed at discrediting and intimidating independent thinkers like him," Dailey said. "So even if Andrei is now at home, rather than in prison, the damage is done -- to others who are working in their private capacity to improve life in Turkmenistan, and to building trust with the interim authorities."

Given Turkmenistan's abundance of natural gas, the United States and European Union are hopeful that Berdymukhammedov -- who is widely expected to be confirmed as the new president in a special election scheduled for February 11 -- is serious about undertaking a gradual opening of Turkmen society. [For background see the Eurasia Insight archive]. Such a thaw would provide an opportunity for US and EU leaders to engage Turkmen officials more closely, and possibly entice Ashgabat to shift its gas-export orientation, which is currently focused on Russia. [For background see the Eurasia Insight archive].

As Zatoka's case underscores, it is too soon to say if Berdymukhammedov will fulfill Western hopes for change. "Things haven't yet changed for the better," Dailey said. "The judiciary continues to carry out political will [and] the police continue to function as the enforcers of the state security structures."

Zatoka, a dual citizen of Turkmenistan and Russia, was arrested at the airport in his hometown of Dashoguz on December 17. He was planning to fly to Ashgabat and on to Moscow, where he was to join his family and attend meetings of the Socio-Ecological Union. Zatoka was initially charged with violating public order, a misdemeanor offense. Following a search of his house, performed after Berdymukhammedov assumed the interim presidency, authorities pressed the criminal charges for unlawful acquisition or possession of a weapon and unlawful possession of poisonous substances, specifically snake venom. He faced a maximum sentence of eight years in prison.

Zatoka has been a leading environmental activist in the post-Soviet states. As a co-founder of the Dashoguz Environmental Club, he promoted conservation and protection of Turkmenistan's environment. Before starting the Club in 1992, Zatoka worked in Kaplankyr State Park for 10 years.

Dailey reported that she had spoken to Zatoka by telephone following the January 31 trial. In a conversation most likely monitored by Turkmen authorities, Zatoka told Dailey that he was relieved to avoid going to prison. He characterized the trial as "cordial" and the presiding judge as "accommodating." He also joked that his time in pre-trial detention had provided a welcome respite from his normal routine. "At home, I sit in front of the computer all day. [In jail], I had time to take care of myself," Dailey quoted Zatoka as saying.

As the trial approached, rights activists emphasized the link between Berdymukhammedov's words concerning reform and the government's deeds. Kate Watters, Executive Director of Crude Accountability, on whose board of directors Zatoka sits, said the trial was "an opportunity for the government to show that it is shifting from Niyazov's form of rule to respect for the rule of law and human rights." Niyazov's death helped focus international attention on Zatoka's fate. Dozens of civic, environmental and human rights organizations around the world dispatched messages of concern to Turkmenistan authorities, the United Nations and the European Union, among others.

Dailey suggested continuing pressure from rights groups could help encourage Berdymukhammedov to follow through on his reform pledges. "Andrei's case is one out of thousands in Turkmenistan," she said. "We hope that the international community will now be emboldened to insist that Andrei's parole become the standard, and that reason and justice will prevail in the cases of those arbitrarily detained and arrested in Turkmenistan."