UNCLAS DUSHANBE 000511

SIPDIS

SIPDIS

STATE FOR SCA/CEN, DRL

E.O. 12958: N/A
TAGS: PGOV PREL PROP KIRF SOCI TI
SUBJECT: TAJIKISTAN: LEGAL ADVISOR TO TELL RABBI HE HAS NO LEGAL
CASE; RABBI REMAINS IN DENIAL

REF: A) DUSHANBE 0329 B) DUSHANBE 0394


1. Rabbi Mikhail Abdurahmonov continues to hold out hope the
government of Tajikistan will spare the Dushanbe synagogue and
has sought legal advice from Dushanbe's Civil Society Support
Center. When PolOff asked the Rabbi about the future of the
synagogue, he refused to think about what concrete steps he
should take to relocate the already half demolished synagogue.
He frequently referenced conversations with government officials
from 2004 and promises of land and assistance made then by
officials and Jewish expatriates, promises that may have been
well intended but were never put in writing.


2. Abdurahmonov told PolOff that with all the media attention
on the synagogue's destruction, he hopes the government of
Tajikistan will give the community a new plot of land and a
building. He also continues to believe that Jews from abroad
will be able to come up with a large sum of money or alternative
solution to the synagogue's problems, even though they have not
been able to do so for the past three years.


3. The Rabbi has engaged a lawyer from the Civil Society
Support Center in Dushanbe, Abduzarif Mukhturov, for legal
advice. Rabbi Abdurahmonov presented Mukhturov with all of the
synagogue's legal documents in hopes that he would have a legal
case to protect the synagogue. After reviewing the documents,
Mukhturov told PolOff the synagogue has no legal case. He
commented that it would be futile to attempt to fight the
government in the court system on this issue. All documents
show that the government owns the synagogue structure since it
was nationalized in 1951. Mukhturov said the best possible
outcome would be that the synagogue receives $300 in
compensation. This amount is based on his estimates of
government rates for past structural compensation, which is
typically far from fair market value.


4. Mukhturov has not yet informed Rabbi Abdurahmonov of his
legal opinion, but will meet with him in the next few days. He
will explain that unless the Rabbi can find supporting
documents, such as tax payments, that show the synagogue is
private property and belongs to someone other than the
government, they will have an extremely weak to hopeless case in
court. He will try to convince the Rabbi that he needs to start
thinking about the synagogue's future in another location,
rather than protecting the current property.


5. COMMENT: Abdurahmonov was ill the day PolOff met with him
and had refused earlier meetings with other international
organizations. He still claims that the synagogue is 100 years
old (it was built in 1947) and this is an infringement of
religious freedom (it's a land dispute; two Muslim structures in
the vicinity have also been torn down without compensation). He
expects international organizations to sail in and help him,
even as half of the building has already been demolished. His
inability to constructively engage the government and move
forward psychologically on the issue, even at this last hour,
has hindered Dushanbe's Jewish community from any chance of
getting higher compensation from the government. Even knowing
that he has no legal case, the Rabbi will still probably attempt
to prove that the synagogue is private property. The
government, meanwhile, has already made the decision to convert
the area into a park and will not relinquish, regardless of
legal or international pressure. To protect the poor and
disenfranchised Jews of Dushanbe, it is essential that Jewish
expatriate communities step in and help their own. END COMMENT.

HOAGLAND