AZERBAIJAN: HAJI MAMMADOV KIDNAPPING RING TRIAL

C O N F I D E N T I A L SECTION 01 OF 02 BAKU 001124

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/01/2016
TAGS: PGOV PREL PHUM KDEM SOCI KCOR KCRM KJUS AJ
SUBJECT: AZERBAIJAN: HAJI MAMMADOV KIDNAPPING RING TRIAL
BEGINS WITH SENSATIONAL ACCUSATIONS

Classified By: DEPUTY CHEIF OF MISSION JASON P. HYLAND PER 1.4(B,D)


1. (C) SUMMARY: The trial of former Chief of the Ministry of
Internal Affairs (MIA) Criminal Investigation Division Haji
Mammadov and his 26-member gang began on July 20. The group
is charged under 50 articles of the Criminal Code, including
kidnapping and manslaughter. Mammadov has plead guilty to all
charges but one. In a statement that shocked the public,
Mammadov confessed that his group had carried out the May
2005 murder of opposition journalist Elmar Huseynov, and
claimed that the assassination had been ordered by detained
former Minister of Economic Development, Farhad Aliyev.
Mammadov's statement was carried widely in the press;
however, the Prosecutor General's office has stated publicly
that it doubts Mammadov's claims. Members of the Elmar
Huseynov Memorial Fund have raised concerns about the
validity of the testimony. Echoing the public skepticism,
Aliyev's attorney told Emboff that he does not believe that
Aliyev ordered the killing, and alleged that Ministry of
National Security authorities are pinning this on Aliyev
because they are unable to find evidence of the attempted
coup d'tat with which he is charged. Aliyev also refuted
Mammadov's claims in a statement issued through his lawyer.
END SUMMARY

MAMMADOV CONFESSES TO KILLINGS
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2. (U) The trial of the former Chief of the Ministry of
Internal Affairs (MIA) Criminal Investigation Division Haji
Mammadov and his 26-member murder, kidnapping and extortion
gang began on July 20. Mammadov and his group were arrested
in March 2005 after a Ministry of National Security (MNS)
raid on the hideout where Mammadov was holding captive the
wife of the chairman of the International Bank of Azerbaijan.
The gang has been charged under 50 articles of the
Azerbaijani Criminal Code, including kidnapping and
manslaughter. During the trial, 26 accused persons, 45
victims, and 191 witnesses will testify, and lawyers expect
the trial to last more than a year. Mammadov has plead guilty
to all charges but one - the robbery of a woman's home on
February 14, 1996. Most of the accused have accepted partial
blame for the charges, but ten, including Mammadov's nephew,
maintain that they have not committed any crimes at all. The
next session of the trial will be held on August 4.


3. (U) Poloff observed the July 25 court session, during
which Mammadov took the stand. He confessed that his group
killed Mehman Samadov and Novruz Ismayilov, who had been
involved in obtaining fake documents and stolen cell phones
for the group. According to his testimony, Mammadov had not
been sure that the men were trustworthy, and killed them to
prevent an information leak. Noting that there were 26
accused, Mammadov said that there were two other guilty
individuals that are "walking free," and that the
investigators responsible for the case know who they are.

AND MUCH MORE
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4. (U) In a statement that has shocked the public, Mammadov
confessed that his group was responsible for the May 2005
murder of prominent opposition journalist Elmar Huseynov. He
further claimed that the murder had been ordered by detained
former Minister of Economic Development, Farhad Aliyev.
(Note: Aliyev has been in detention since October 2005 on
charges of attempting a coup d'tat) Mammadov said that he
was not interested in lying or making shocking statements to
"cause a show," and said that he repented for all of the
crimes he had committed, with the exception of the murder of
Azer Ismayilov, Chief of the MIA Drug Enforcement Department.
He also said that he had attempted suicide on March 24, but
that MNS authorities had saved his life. Stating that he was
tired and that there would be plenty of time later to discuss
the details, Mammadov declined to continue his testimony.


5. (U) Immediately after the court session ended, Mammadov's
statement about the murder of Elmar Huseynov made a
significant splash in the press. Reports of the confession
were carried widely, and repeated widely on the pro-GOAJ
television stations, although the Prosecutor General's office
stated in the press that it doubts Mammadov's claims. On July
26, the Elmar Huseynov Memorial Fund held a press conference
at which its representatives raised concerns about the safety
of both Mammadov and Aliyev, and called on the Office of the
Ombudsman and on the International Committed of the Red Cross
(ICRC) to ensure that they are being treated humanely. There
was also serious discussion at the press conference of the
validity of Mammadov's testimony, on which the consensus was

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that there is not factual information to back Mammadov's
claims.


6. (SBU) Elton Guliyev, Farhad Aliyev's lawyer (who also
represents Mammadov's nephew and Huseynov's widow),told
Emboff he does not believe that Aliyev ordered Huseynov's
murder. Guliyev said he believes that Ministry of National
Security authorities are pinning this on Aliyev because they
are unable to find evidence of the attempted coup d'tat with
which he is charged. Publicly, Guliyev said that Haji
Mammadov's statement is ridiculous, and an attempt to exert
pressure on the detained former minister. Echoing the general
sentiment of civil society, Guliyev also said that nobody
will be able to write off Huseynov's murder, and that
Mammadov is trying to "improve his situation" by making such
claims. In a statement issued through Guliyev, Aliyev also
refuted Mammadov's claims.


7. (C) Arif Hajiyev, Editor of Gun Seher newspaper and
Chairman of the New Generation Journalists' Union (one of the
most professional and independent journalists in Azerbaijan),
dismissed the confession as fraudulent in a meeting with PAO.
He added, however, that there might be a connection between
the kidnapping ring and Huseynov's murder, but almost
certainly no connection to the jailed Aliyev. (Comment: While
most commentators believe the accusation to be spurious, it
is worth noting that in the immediate aftermath of Huseynov's
murder in 2005, some members of the press alleged that Farhad
Aliyev or his brother Rafig Aliyev, also detained on
coup-plotting charges since October 2005 was involved; no
evidence has come to public light to support that claim in
the intervening time until Mammadov's testimony.)
DERSE