Identifier
Created
Classification
Origin
06BAKU1022
2006-07-13 14:38:00
CONFIDENTIAL
Embassy Baku
Cable title:
AZERBAIJAN: COURT SENTENCES YENI FIKIR LEADERS TO
how-toVZCZCXRO7956 PP RUEHDBU RUEHFL RUEHLA RUEHMRE RUEHROV RUEHSR DE RUEHKB #1022 1941438 ZNY CCCCC ZZH P 131438Z JUL 06 FM AMEMBASSY BAKU TO RUEHC/SECSTATE WASHDC PRIORITY 0766 INFO RUCNCIS/CIS COLLECTIVE PRIORITY RUCNOSC/ORGANIZATION FOR SECURITY COOPERATION IN EUROPE PRIORITY
C O N F I D E N T I A L BAKU 001022
SIPDIS
SIPDIS
E.O. 12958: DECL: 07/13/2016
TAGS: PREL PGOV PHUM KDEM AJ
SUBJECT: AZERBAIJAN: COURT SENTENCES YENI FIKIR LEADERS TO
JAIL
REF: BAKU 839
Classified By: CDA Jason P. Hyland for Reasons 1.4 b and d.
C O N F I D E N T I A L BAKU 001022
SIPDIS
SIPDIS
E.O. 12958: DECL: 07/13/2016
TAGS: PREL PGOV PHUM KDEM AJ
SUBJECT: AZERBAIJAN: COURT SENTENCES YENI FIKIR LEADERS TO
JAIL
REF: BAKU 839
Classified By: CDA Jason P. Hyland for Reasons 1.4 b and d.
1. (U) Yeni Fikir Deputy Said Nuriyev reported that in a late
day hearing on July 12, the Court of Grave Crimes found the
three Yeni Fikir leaders guilty of attempting a coup d'etat
under Article 278 of the criminal code. Presiding Judge Tofiq
Pashayev sentenced Yeni Fikir leader Ruslan Bashirli to seven
years in prison, as the state prosecutor had requested.
Bashirli's deputy, Ramin Tagiyev, received a four year
sentence and the third deputy, Said Nuriyev, received a five
year suspended sentenced because of his chronic medical
problems. Nuriyev is prohibited from exiting the country and
is on probation for three of the five years.
2. (U) Although the Prosecutor General had asked the Court to
drop the charge that the Yeni Fikir leaders were engaged in
illegal entrepreneurship for not registering their
organization with the Ministry of Justice (MOJ),Nuriyev told
us that the group was convicted on this charge as well. We
have not yet been able to obtain the written judgment, as the
GOAJ has insisted that we submit a written request to obtain
a copy of the judgment. (A conviction under the charge of
illegal entrepreneurship would have negatively affected many
well-respected NGOs which operate without registration
because of the politics and bureaucratic hurdles that are
part of the MOJ's registration process.)
3. (C) Separately, in a July 13 meeting, Deputy Popular Front
Party (PFP) Chairman Fuad Mustafayev told A/DCM that he
suspects the GOAJ announced the verdict late on July 12
expecting that the BTC opening in Ceyhan would keep the
announcement out of the public eye. Mustafayev reported that
the defendants will appeal the verdict but that they did not
expect the appeal to succeed. Mustafayev added that, in his
view, the Yeni Fikir leaders were now political prisoners.
4. (C) OSCE Baku issued a statement July 13 in response to
the verdict. British Emboff told us that the British Embassy
will also release a statement July 13 consistent with our
position. British Embassy also plans to consult with the EU
presidency Finland through its representative in Baku,
Germany, to determine what action the EU might take.
5. (U) Post released the following statement July 13:
Begin text.
The U.S. Embassy has learned of the verdicts in the trial of
three Yeni Fikir youth group leaders. We note that a right to
equal protection before the law, a presumption of innocence,
and an impartial hearing are fundamental principles for all
democratic societies. We are deeply concerned by indications
that these rights, consistent with Azerbaijan's own laws and
its international obligations, were not respected. We urge
the Government to uphold the highest standards of criminal
justice and human rights.
End text.
HYLAND
SIPDIS
SIPDIS
E.O. 12958: DECL: 07/13/2016
TAGS: PREL PGOV PHUM KDEM AJ
SUBJECT: AZERBAIJAN: COURT SENTENCES YENI FIKIR LEADERS TO
JAIL
REF: BAKU 839
Classified By: CDA Jason P. Hyland for Reasons 1.4 b and d.
1. (U) Yeni Fikir Deputy Said Nuriyev reported that in a late
day hearing on July 12, the Court of Grave Crimes found the
three Yeni Fikir leaders guilty of attempting a coup d'etat
under Article 278 of the criminal code. Presiding Judge Tofiq
Pashayev sentenced Yeni Fikir leader Ruslan Bashirli to seven
years in prison, as the state prosecutor had requested.
Bashirli's deputy, Ramin Tagiyev, received a four year
sentence and the third deputy, Said Nuriyev, received a five
year suspended sentenced because of his chronic medical
problems. Nuriyev is prohibited from exiting the country and
is on probation for three of the five years.
2. (U) Although the Prosecutor General had asked the Court to
drop the charge that the Yeni Fikir leaders were engaged in
illegal entrepreneurship for not registering their
organization with the Ministry of Justice (MOJ),Nuriyev told
us that the group was convicted on this charge as well. We
have not yet been able to obtain the written judgment, as the
GOAJ has insisted that we submit a written request to obtain
a copy of the judgment. (A conviction under the charge of
illegal entrepreneurship would have negatively affected many
well-respected NGOs which operate without registration
because of the politics and bureaucratic hurdles that are
part of the MOJ's registration process.)
3. (C) Separately, in a July 13 meeting, Deputy Popular Front
Party (PFP) Chairman Fuad Mustafayev told A/DCM that he
suspects the GOAJ announced the verdict late on July 12
expecting that the BTC opening in Ceyhan would keep the
announcement out of the public eye. Mustafayev reported that
the defendants will appeal the verdict but that they did not
expect the appeal to succeed. Mustafayev added that, in his
view, the Yeni Fikir leaders were now political prisoners.
4. (C) OSCE Baku issued a statement July 13 in response to
the verdict. British Emboff told us that the British Embassy
will also release a statement July 13 consistent with our
position. British Embassy also plans to consult with the EU
presidency Finland through its representative in Baku,
Germany, to determine what action the EU might take.
5. (U) Post released the following statement July 13:
Begin text.
The U.S. Embassy has learned of the verdicts in the trial of
three Yeni Fikir youth group leaders. We note that a right to
equal protection before the law, a presumption of innocence,
and an impartial hearing are fundamental principles for all
democratic societies. We are deeply concerned by indications
that these rights, consistent with Azerbaijan's own laws and
its international obligations, were not respected. We urge
the Government to uphold the highest standards of criminal
justice and human rights.
End text.
HYLAND