MYRADOVA ARREST UPDATE

C O N F I D E N T I A L SECTION 01 OF 02 ASHGABAT 000840 SIPDIS SIPDIS DEPT FOR SCA/CEN (PERRY) E.O. 12958: DECL: 08/07/2016 TAGS: PGOV PHUM PREL TX SUBJECT: MYRADOVA ARREST UPDATE REF: A. ASHGABAT 698 ¶B. ASHGABAT 652 Classified By: Charge d'Affaires Jennifer L. Brush for reasons 1.4 (b) and (d). Summary -------------- ¶1. (C) Ogulspapar Myradova, Annagurban Amanklychev (alt. Amangylyjov) and Sapardurdy Hajiyev, who are connected to the Turkmenistan Helsinki Foundation, remain in detention. Post has regular contact with Myradova's previously detained daughters Sona and Mara, and continues to monitor the case and maintain open dialogues with the U.K. Embassy and the Organization for Security and Cooperation in Europe (OSCE) Center in Ashgabat. Post and other Ashgabat-based diplomats continue to be suspicious of the Myradova case and have not ruled out the possibility that it is a Government of Turkmenistan set-up. End Summary. Myradova has Regular Access to her Lawyer -------------- ¶2. (C) Myradova's two daughters met with Pol Off July 31, and confirmed that their mother continued to meet with her lawyer, who has passed her food and medications. The lawyer told the daughters that Myradova looked well, though she has cried during their meetings. So far, Myradova and Amanklychev have been charged with illegal weapons possession, but the lawyer anticipates there might be additional charges in the near future regarding possession of materials defaming the state. The daughters also regularly meet with OSCE representatives, and have shared the same information with them. Government in Compliance -------------- ¶3. (C) Thus far, according to the OSCE Center's staff lawyer, the government has complied with the national Criminal Procedure Code. In accordance with the code, the government is under no obligation to disclose to the family, international organizations, diplomatic missions or the public at large information about cases under investigation. The OSCE sent a diplomatic note to the Ministry of Foreign Affairs requesting specific information on the Myradova case. Myradova had met several times with OSCE Human Dimension Officer Benjamin Moreau prior to her detention, and Myradova's daughters sought assistance from OSCE after their release, but prior to contacting the embassy. The OSCE mission fully anticipates that it will not receive any substantive information from the government in response to its note. ¶4. (C) Henri Tomasini, Deputy Chief of Mission at the French Embassy told P/E Chief that his embassy and the German Embassy have both submitted requests to the Ministry of Foreign Affairs for information on Myradova's case. Foreign Minister Meredov responded to both requests by promising to update embassies on new developments and to observe local law in prosecuting Myradova. On August 3, Charge noted to Meredov that the embassy had forwarded a protest from international rights groups via diplomatic note and Meredov declined comment. The OSCE's staff lawyer told Pol Off on July 27 that, in accordance with Turkmenistan's laws, the international community will not know if any illegal actions were taken by the government until the end of the six month period that the government has under Turkmenistan law to try and sentence detainees. Comment -------------- ¶5. (C) Contacts who are best hooked into this case continue to maintain that there is more to this case than simply prosecution of a human rights advocate. As noted ref b, Myradova is the sister of former Central Bank Deputy Chairman Annadurdy Hajiyev, who was charged in absentia for ASHGABAT 00000840 002 OF 002 embezzlement. Even more unusually, the government and Myradova's family have not made any reference or connection to RFE/RL. Furthermore, the circumstances surrounding this case are suspicious. OSCE Acting Head of Office Dieter Matthei told Charge on August 3, he was convinced the case was a setup to get the international human rights community to back the wrong case. The case smells suspicious to us, too. Post advocates for open and transparent investigations and court cases, and for the law enforcement agencies and judicial bodies to act in accordance with international norms and standards. Given the number of legitimate human rights cases and issues that post is advocating, we do not/not recommend using this case as a cause celebre. End Comment. BRUSH