DUSHANBE'S MAYOR STRIKES AGAIN, AS GOVERNMENT OFFICIALS TRY

C O N F I D E N T I A L SECTION 01 OF 02 DUSHANBE 002210

SIPDIS

SIPDIS

STATE FOR SCA/CEN, DRL

E.O. 12958: DECL: 12/12/2016
TAGS: PGOV PHUM KDEM TI
SUBJECT: DUSHANBE'S MAYOR STRIKES AGAIN, AS GOVERNMENT OFFICIALS TRY
TO GRAB PRIVATE PROPERTY

CLASSIFIED BY: TJACOBSON, AMBASSADOR, STATE, STATE.
REASON: 1.4 (b),(d)




1. (C) SUMMARY: Dushanbe's Mayor Ubaidulloyev, known for his
autonomy in governing Tajikistan's capital, has his eye on a
building owned by the Grace Sun Min Church and wants to turn the
building into a school. However, his motives appear suspect, in
light of his past attempts to take the church to court in an
attempt to privatize the building and then sell it. This case
illustrates a broader pattern of abuse of power with government
officials seizing land from private citizens without
compensation. Although some corrupt government officials select
their targets indiscriminately, several examples of land and
property disputes have targeted religious organizations. END
SUMMARY.

THE MAYOR VS. THE CHURCH-ROUND TWO


2. (C) In an attempted property grab, Dushanbe's Mayor
Ubaidulloyev plans to seize the Grace Sun Min Church's building.
Grace Sun Min is a Christian church run by American citizen Yun
Seop Choi. Vladimir Kim, a church member, claims he has copies
of documents with handwritten notes from Ubaidulloyev
instructing the Tajik Supreme Economic Court and the General
Prosecutor's Office to find any way to get the Grace Sun Min's
building back in the city's control. At this point, no legal
case has been filed. However, Kim feels it is only a matter of
time before Ubaidulloyev moves his plans forward.


3. (C) Ubaidulloyev's desire to take the Grace Sun Min
Church's building dates back to 2001. The building in dispute
was legally purchased by the church in 1996 from the city
council. The city tried to take the building back, forcing a
court trial. Kim believes that in 2001, Ubaidulloyev had
intended to seize the building and then grant it to a relative
or friend who would privatize it and sell it for profit. During
the trial, which Embassy officers observed, the Grace Sun Min
Church proved its legal ownership and retained the building.
Under Tajik law, the statute of limitations to appeal the case
has passed.


4. (SBU) In February of this year, Ubaidulloyev himself
visited the church and surveyed the building, a highly
out-of-character move for the aloof Mayor. He said he would
like to turn the building into a school, reasoning that schools
are overcrowded in Dushanbe and thousands of children need space
for education. (NOTE: This is indeed true, Dushanbe's schools
are overcrowded and children have to go to school in shifts to
accommodate everyone. END NOTE.) No restitution was offered to
the church at the time. Shortly after the mayor's visit,
officials from the General Prosecutor's Office arrived, pointed
out that the church did not obtain the proper permits to
renovate the building's roof, and demanded a fine.


5. (C) Fearing another trial and harassment from the mayor's
office, the church is considering renovating the building into a
private school. Kim said that the church has been advised that
by doing this, it can maintain ownership and control of the
building and take away the mayor's current pretext for seizing
the building.

NOT THE FIRST TIME, SEVERAL PAST EXAMPLES


6. (U) The Grace Sun Min Church is not the only religious
organization in town entangled in property disputes. The
highest profile example, Dushanbe's only synagogue, has been
partially torn down and may eventually be completely destroyed
to accommodate the government's plans for a green zone around
the new presidential palace. Other businesses, private homes,
two mosques and a psychiatric hospital in the area have already
been razed. Ubaidulloyev has a history of property and permit
disputes, most notably when he forced the popular restaurant La
Grande Dame to tear down its facade, claiming the owner did not
have the proper authorization to renovate. The mayor's office
has also demanded the British Embassy raze its outer wall to
increase the setback from the street by several feet.


7. (C) Operation Mercy, formerly known as CADA, also faced

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property issues when the former Minister of Industry wanted to
build on private property adjacent to the Christian NGO's
office. The two sides were able to reach a mutual agreement.
More than one year ago, the organization faced a more hostile
confrontation when a relative of former Prime Minister Hayoev, a
co-owner of the HIMA cotton futures company, wanted to buy a
house owned by CADA. The buyer was prepared to pay over market
value for the house; however, due to a lack of proper
documentation on the buyer's part, CADA was not willing to sell
it. The buyer then threatened to have city officials devalue
CADA's house well below market value if it refused to sell.
Fortunately, CADA was able to use its government connections to
resolve the issue and never did sell to Hayoev's relative.


8. (SBU) Dushanbe's Baptist Church in the past year had a
children's camp in Varzob District outside of Dushanbe
confiscated by the government. The government's rationale was
that the camp was located too close to the presidential dacha.
The Baptist Church's pastor believes that a government official
has his eye on the camp and the property will eventually be
privatized for the benefit of the official. The land seizures
in Varzob District also affect several residents who have lived
in the area for over forty years. Residents are distraught over
the forced relocation. The families were turned out when the
General Prosecutor's Office decided it wanted to build a dacha
in the area. Although the community has repeatedly appealed to
the government, it has not received a response.


9. (C) COMMENT: Even if the government is not deliberately
targeting religious institutions to seize property, it blatantly
disregards private property rights. Authorities usually fail to
provide proper compensation for displaced owners and do not
actively engage in discussions with them. Officials feel free
to take whichever property they desire; the result makes
normally complacent Tajik citizens extremely angry at the
government's corruption and abuse of power. END COMMENT.
JACOBSON