AZERBAIJAN: BRITISH HUMAN RIGHTS LAWYER PUSHES UK

C O N F I D E N T I A L BAKU 000328 SIPDIS SIPDIS E.O. 12958: DECL: 02/27/2016 TAGS: PREL PGOV PHUM KDEM AJ SUBJECT: AZERBAIJAN: BRITISH HUMAN RIGHTS LAWYER PUSHES UK ASYLUM PLAN FOR FARHAD ALIYEV REF: BAKU 258 Classified By: Ambassador Reno L. Harnish III for reasons 1.4b and d. ¶1. (C) Summary. In a February 22 meeting with the Ambassador, Lord Lester, a British barrister representing jailed former Minister of Economic Development Farhad Aliyev, probed USG interest in political asylum for Aliyev in the UK. The Ambassador eventually declined to support this approach while acknowledging that the GOAJ hypersensitivity in this case has made it difficult for the international community to engage in a robust fashion. Lester reported that Aliyev's wife, Sabina, wants the GOAJ to exile Aliyev and the family but we have no confirmation Aliyev himself actually wants this. Separately, the GOAJ Prosecutor General reports that the investigation into Farhad Aliyev's alleged acts of treason and ministerial corruption continues apace with the possibility that Aliyev will remain 18 months in pretrial detention until March 2007 while the GOAJ compiles evidence against him. Embassy will continue urging the GOAJ to respect the rule of law and protect the human rights of all those arrested in October in connection with the alleged coup plot. We also ask that DRL Assistant Secretary Lowenkron raise this issue during his visit to Baku. End Summary. LESTER PRESSES CASE FOR ASYLUM, CITES PERSONAL CONNECTIONS -------------- -------------- ¶2. (C) In his second visit to Baku since agreeing to help accused ex-Minister Farhad Aliyev in December, Lord Lester of Herne Hill told the Ambassador February 22 that his close personal ties to British Foreign Secretary Jack Straw and Home Secretary Chester Clark would enable him to quickly and easily obtain the British Government's approval for granting asylum status to Farhad Aliyev. After speaking with Aliyev's local lawyers and his wife Sabina, Lester concluded that exile to the UK appeared to be best course of action because a claim before the European Court of Human Rights would likely take four to five years to come to fruition. Moreover, Lester noted, Sabina Aliyeva is now making unilateral decisions for her family while her husband remains in jail and is unwilling to wait out the judicial process by sitting around in Azerbaijan under constant GOAJ scrutiny. (While Fahrad Aliyev's Azerbaijani lawyers have had continued access to him at the MNS, neither Sabina Aliyeva nor Lord Lester has been allowed to visit Aliyev at the MNS. According to Lester, Aliyev is unaware that his wife has decided to pursue an exile/asylum strategy. Separately, for the third time since November, Sabina Aliyeva canceled a meeting with Post's Human Rights Officer.) ¶3. (C) Lester said that British Ambassador Bristow was considering the exile/asylum strategy and that Bristow was investigating a formal asylum request to the FCO on Aliyev's behalf. Lester told Ambassador Harnish that he wanted to know if the USG might endorse this strategy. Lester specifically asked the Ambassador to join Ambassador Bristow in convincing the GOAJ leadership to exile Farhad Aliyev and his family while he prepared the groundwork for asylum in the UK with Straw and Clarke. Two days later Ambassador Bristow told Ambassador Harnish that the Home Office had instructed the UK Embassy not to advocate the asylum strategy with the GOAJ leadership. ¶4. (C) At a meeting on February 24 with the British Ambassador, the Ambassador stated that the USG would advocate the human rights of all/all the detainees arrested in connection with the alleged coup plot. The USG would continue to urge the GOAJ to conducte a legitimate, fair and transparent trial consistent with international standards. PROSECUTOR REPORTS PRE-TRIAL DETENTION MAY LAST ANOTHER YEAR -------------- -- ¶5. (C) Separately, in a February 24 meeting with Poloff, First Deputy Prosecutor General Rustam Usubov reported that the GOAJ was building a "strong case" against Aliyev premised on "credible" evidence of his plotting to overthrow the government and widespread corruption within the Ministry of Economic Development. Usubov indicated that the Ministry of Finance was auditing the MED's accounts under Aliyev's tenure to obtain evidence of wrongdoing by the ex-Minister. Brimming with confidence, Usubov stated that Aliyev and his co-conspirators would be successfully convicted of the crimes for which they were charged. ¶6. (C) Usubov also told Poloff that Aliyev could be held in pre-trial detention until March 2007 because the criminal code was amended in 2005 to permit detainees to be held up to 18 months after arrest in pretrial detention. Usubov noted that Aliyev was being well treated with unfettered access to his local lawyers. (The GOAJ has previously turned down Lester's visitation request because Azerbaijani law only permits members of the local bar to visit clients in jail.) COMMENT -------------- ¶7. (C) Embassy will press the GOAJ to respect the rule of law and protect the human rights of all the alleged coup plotters through a fair and transparent judicial process. We will continue to deliver this message to all levels of the GOAJ and recommend DRL A/S Lowenkron consider doing so during his April visit. HARNISH