IRPT MEMBER CONVICTED, FREEDOM OF SPEECH VIOLATED

C O N F I D E N T I A L DUSHANBE 002206

SIPDIS

SIPDIS

STATE FOR SCA/CEN, DRL

E.O. 12958: DECL: 12/12/2016
TAGS: PGOV PHUM KDEM KISL TI
SUBJECT: IRPT MEMBER CONVICTED, FREEDOM OF SPEECH VIOLATED


CLASSIFIED BY: Tracey Jacobson, Ambassador, U.S. Embassy
Dushanbe, STATE.
REASON: 1.4 (b),(d)




1. (C) SUMMARY: A city court convicted Mukhtorjon Shodiev, an
Islamic Renaissance Party of Tajikistan (IRPT) member, December
6 of inciting violence and calling for an overthrow of the
government in remarks he gave in front a small, private
audience. He was sentenced to nine months in prison. Evidence
points to a politically-motivated trial aimed at curbing IRPT
activity in the Khujand area. The IRPT will help Shodiev launch
his appeal. END SUMMARY.


2. (C) The Khujand City Court sentenced Mukhtorjon Shodiev to
nine months in prison for allegedly calling others to jihad with
intent to incite violence. However, IRPT contacts argue the
actual facts do not indicate jihad was Shodiev's goal. The
controversial words in Shodiev's remarks, documented in his
indictment, were: "Let all people be Mujahiddin of Islam and
let there be peace in Iraq, Palestine, Kashmir, Bosnia and
Chechnya." Shodiev and six other IRPT members assembled in
April for a private, informal picnic retreat in the mountains.
One among the party was Anton Evsin, an ethnic Russian who
secretly recorded Shodiev's remarks using a mobile telephone.

SIPDIS
Ministry of Security officials "found" the recording on Evsin's
phone in June and used it as evidence to arrest Shodiev. Evsin
is presently in Russia.


3. (C) In private, the judge presiding over the case,
Absuvosit Ashurov, confided to Embassy sources that he does not
believe Shodiev's words amount to Islamic extremism, and openly
said he believes Shodiev is not guilty. Religious scholars and
linguists also advised Ashurov that Shodiev's words were not a
call for violence or illegal activity. Ashurov added that he
did not believe Shodiev intended to propagate violence because
the words were spoken in front of a small, private audience.
Despite Ashurov's personal opinion and the scholars'
conclusions, Ashurov convicted Shodiev and sentenced him to nine
months in prison. Because Shodiev was arrested in June, he has
already served almost six months that will count toward his
sentence.


4. (C) Members of the Khujand IRPT chapter also determined the
case was politically motivated. The chapter is active, with
Shodiev being an especially involved member, and enjoys a
following by young people. Due to insufficient evidence and
thanks to the persistent work of Shodiev's defense lawyer, the
trial was stopped twice. However, as the trial wore on, the
lawyer became increasingly silent during proceedings. IRPT
members suspect the lawyer faced pressure from government
officials.


5. (C) COMMENT: Shodiev's arrest and imprisonment is a bad
sign that the Tajik government only marginally tolerates the
existence of the Islamic Party of Tajikistan. Although sources
would not indicate who might be behind the arrest, the tactics
used are a classic Soviet trap and likely encouraged by the
security services and the government to quiet IRPT activity.
The government views the IPRT as a threat, particularly in the
northern Sughd region, closely linked to the populous Ferghana
Valley. Government officials openly talk about their concerted
effort to curb religious extremism, but this is frequently a
pretext to suppress IRPT political activity. This particular
arrest violates freedom of speech as well as freedom of religion
nominally protected by the Tajik Constitution. This is not the
first, and most likely will not be the last, IPRT arrest. END
COMMENT.

JACOBSON