Identifier
Created
Classification
Origin
06BAKU328
2006-03-01 14:25:00
CONFIDENTIAL
Embassy Baku
Cable title:  

AZERBAIJAN: BRITISH HUMAN RIGHTS LAWYER PUSHES UK

Tags:  PREL PGOV PHUM KDEM AJ 
pdf how-to read a cable
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O 011425Z MAR 06
FM AMEMBASSY BAKU
TO RUEHC/SECSTATE WASHDC IMMEDIATE 9760
INFO RUEHLO/AMEMBASSY LONDON IMMEDIATE 0280
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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.

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