GOR INTENDS TO EXTRADITE IVANOVO 13 TO UZBEKISTAN

C O N F I D E N T I A L SECTION 01 OF 02 MOSCOW 008334

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/04/2016
TAGS: PREF PHUM PREL RS
SUBJECT: GOR INTENDS TO EXTRADITE IVANOVO 13 TO UZBEKISTAN

REF: A. STATE 41999


B. MOSCOW 2761

Classified By: A/POL Colin Cleary. Reasons 1.4 (b and d)


1. (C) SUMMARY: The GOR has announced it intends to
extradite 13 men detained at Uzbekistan's request for alleged
involvement in the events in Andijon. UNHCR and human rights
NGOs have told us that the men have further legal appeals
available, but they are pessimistic there will be any
reversal of the procuracy's decision. UNHCR is working with
the detainees' lawyer to prepare appeals to the European
Court of Human Rights (ECHR) to block the extradition once
their appeals in Russia are exhausted. We see little hope
that the GOR's course will be reversed without ECHR
intervention because of Russia's overriding interest in
improving bilateral relations with Uzbekistan. Nevertheless,
there are some in the GOR who recognize the potential damage
to Russia's international reputation, and we will reach out
to them. END SUMMARY.
.
TIME IS RUNNING OUT
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2. (U) On August 3, the Office of the Prosecutor General
announced on its website that 13 men detained by the GOR in
Ivanovo last year would be extradited to Uzbekistan. The
Government of Uzbekistan had issued warrants for their arrest
in connection with crimes committed during the uprising in
Andijon in May 2005. The Procuracy noted that the GOR had
obtained guarantees that the Uzbek Government would not seek
the death penalty for them. It also underscored that the
decision was made strictly on the facts of the case, not for
any political reasons, and that Uzbek authorities had further
promised the detainees would be given all protections
accorded by international norms and Uzbek law. They would not
subjected to torture, violence or any other cruel and
degrading treatment. (NOTE: The detainees are all ethnic
Uzbeks, and 12 of them are citizens of Uzbekistan, while the
remaining one is a citizen of Kyrgyzstan. UNHCR has
recognized the 12 as refugees, while the Kyrgyz Embassy in
Moscow has responsibility for protection of its citizen. END
NOTE).


3. (C) UNHCR Senior Protection Officer Gang Li and human
rights activists told us separately that the GOR has already
unofficially notified 10 of the 13 men that they will be
extradited. Li expected that all 13 would be officially
informed within the next several days. All 13 have been
denied refugee status by the GOR, and Li said their legal
options are running out. Following official notification of
the extradition order, they will have 10 days to appeal the
decision to the local court in Ivanovo and then can appeal
the lower court decision to the Russian Supreme Court. There
was also a potential for them to file a separate request to
the GOR for temporary asylum. Li said he did not think that
their extradition was imminent. The appeals could play out
in as little as a few weeks, or they could drag on for more
than a year, depending on what the GOR chose to do.
.
COURT OF LAST RESORT
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4. (C) Failing any decision by Russian courts to block their
extradition, Li said UNHCR was working with the men's lawyer
and the human rights NGO Memorial to seek an emergency
injunction from the ECHR to block the extradition. UNHCR
would be working with Memorial to add more lawyers to their
defense to ensure that appeals to the ECHR were ready when
needed, Li said. UNHCR in Moscow has already noted its
concerns about the procuracy's decision to the MFA, and he
expected UNHCR headquarters would also raise it with the
Russians in Geneva.


5. (C) Yelena Ryabinina of the human rights NGO Civic
Assistance told us that the Uzbek charges were obviously
false, but the Russian prosecutors had accepted them without
question. She said the procuracy's decision was politically
motivated, and the GOR was acting in the interest of
improving its relationship with Uzbekistan. She had little
hope the Russian courts would block the extradition, and the
ECHR would be the detainees' only hope.
.
COMMENT
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6. (C) Our options are limited. We concur with our
interlocutors that there is a slight chance at best that a
Russian court will overturn the procuracy's decision. The
GOR apparently has already factored in the international
community's reaction. The procuracy's reference to the

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"guarantees" of humane treatment offered by the Uzbek
Government is likely an effort to pre-empt any criticism,
although it must know that these guarantees are hardly
credible. Nevertheless, there are some in the GOR who
recognize that sending the men to Uzbekisan will hurt
Russia's international reputation, and we will follow up with
the MFA and the Office of Human Rights Ombudsman Vladimir
Lukhin to make them aware of our concerns.
RUSSELL