TAJIBAYEVA - NOT A RUN-OF-THE-MILL SHOW TRIAL

C O N F I D E N T I A L SECTION 01 OF 02 TASHKENT 000326 SIPDIS SIPDIS DEPT FOR SCA/CEN AND DRL E.O. 12958: DECL: 02/14/2016 TAGS: PHUM PREL PGOV PINR UZ SUBJECT: TAJIBAYEVA - NOT A RUN-OF-THE-MILL SHOW TRIAL CLASSIFIED BY AMB. JON R. PURNELL, FOR REASONS 1.4 (B, D). REF: TASHKENT 261 ¶1. (C) Summary: In a dramatic departure from Uzbekistan's recent Soviet-style show trials, human rights activist Mutabar Tajibayeva and her attorneys are putting up a spirited defense in her criminal trial. The judge has opened the proceedings to outside observers: journalists, diplomats and NGO monitors have come to watch. The attorneys tell us that the presence of monitors has made a sharp difference in the tone of the trial. They acknowledge it will likely not affect the verdict, though Tajibayeva is eligible for amnesty if convicted. Also in contrast to earlier trials, witnesses and the prosecution have spoken of foreign journalists and human rights NGOs in a neutral or positive light, rather than as a cabal of intriguers seeking to overthrow the legitimate government. End summary. ¶2. (C) The trial of human rights activist Mutabar Tajibaeva was opened to outside observers on February 8. Tajibayeva faces several charges, including extortion of money from clients of her fishing farm, polluting the environment, and attempting to sow panic and public disorder through her human rights advocacy (reftel). According to her lawyers, the court initially closed the trial on the bizarre pretext that Tajibayeva's relatives might pose a physical threat to outside observers. Neither observers nor attorneys could explain why the court decided to open the trial to the public in the second week of proceedings. ¶3. (C) The venue - a court in the rural village of Dustobod, a 90 minute drive from Tashkent - seemed deliberately chosen to limit public access. Police blocked the town's one road and checked identification of all who entered. A Human Rights Watch staffer reported that, during the first week of the trial, he and other observers were turned away by police. On February 8, police tried to convince poloff that the trial had ended. On February 9, however, inspections were minimal. Still, the two dozen armed Interior Ministry troops guarding the court far outnumbered the handful of trial observers. (Note: While mostly for show, the security presence was sometimes intrusive. An Uzbek national employee of the Swiss Embassy told poloff that after attending the trial on February 8, two guards from the court followed him back to Tashkent and tailed him for more than two hours while he ran errands. End note.) ¶4. (C) Tajibayeva has pleaded not guilty to all charges and hired three private lawyers - including her sister - who have actively advocated her case to Western embassies and human rights groups. Shortly before the trial began, the lawyers reported that Tajibayeva attempted to commit suicide by slitting her wrists. However, as observers filed into the courtroom, she appeared healthy and cheerful, greeting visitors with smiles and conversation. She sat alone in a cage in the cramped courtroom, frequently studying her case notes, which were scattered around her in folders. During testimony, she appeared animated, taking notes and occasionally standing to contest witness' statements. Her lawyers actively questioned the judge and prosecuting attorneys on substance and procedure. ¶5. (C) On February 8 and 9, two witnesses testified. The first was a man who claimed to have done business with Tajibayeva buying and selling livestock. He said that he had accumulated a business debt to Tajibayeva, who in turn demanded that he repay her a far higher sum. The second witness, Mansur Ruziboyev, said he was a friend of Tajibayeva who was familiar with her human rights work. Following initial testimony and cross- examination by the judge and prosecution, both witnesses claimed they were ill, and the judge excused them from the court before the defense could take its turn to cross-examine. Tajibayeva and her lawyers responded with impassioned complaints that the judge was violating Tajibayeva's right to defend herself. The defense also requested more time to study the case materials. Tajibayeva and her attorneys claimed that she has examined only a fraction of the 5,500 pages of case documents, and that the lawyers have not had enough time to work with her to develop a defense strategy. ¶6. (C) Tajibayeva's lawyers thanked observers for appearing at the trial. They said that when the trial was closed, it was very one-sided, with the judge and prosecution dismissing questions and protests from the defense team outright, and showing callous disrespect for Tajibayeva. With observers present, they said, the entire tone of the proceedings had changed to be more balanced. ¶7. (C) One attorney noted that if Tajibayeva was found guilty, this would be her first criminal conviction. She would, therefore, be eligible for amnesty under a Senate resolution TASHKENT 00000326 002 OF 002 passed in early December. If Tajibayeva had pleaded guilty, she could have qualified prior to the trial. However, as she pleaded not guilty, she will be eligible for amnesty only after she is convicted. The attorney said there is little hope for acquittal, but that Tajibayeva's prison sentence could be reduced under the amnesty. ¶8. (C) In previous Andijon-related trials, state prosecutors portrayed a plot by foreign journalists and independent human rights groups to slander the GOU and destabilize the country. In Tajibayeva's trial, in contrast, while human rights activists, journalists, and "foreigners" are mentioned, it has so far been in a neutral or positive light. For example, witness Mansur Ruziboyev discussed meeting Marat Zakhidov, a well-known human rights and political activist whose organization Tajibayeva had joined, and praised Zakhidov as "a man of vision." The printed indictment notes Tajibayeva received a $5,620 grant from USAID, and $200 from the French Embassy for her human rights work (reftel). Prosecutors did not fault her for receiving the money, but only for "misusing" it. In the trial, two of the three judges asked witness Mansur Ruziboyev whether Tajibayeva received foreign support, but he responded only that he had heard about a grant of roughly $5,000, but did not know where it had come from. ¶9. (C) COMMENT: This is no run-of-the-mill Soviet-style show trial. In the Supreme Court trial of Andijon terrorist suspects in late 2005, defendants delivered prepared speeches professing their guilt and begging for mercy, while defense attorneys remained quiet and submissive. Tajibayeva, in contrast, has seized on her international exposure to proclaim her innocence, and is working in concert with her activist attorneys to use court procedure to her own advantage. To be sure, the defendant in an Uzbek court has no advantages, and essentially no hope for acquittal. But this has not diminished Tajibayeva's courage or her energy. PURNELL