SUNSHINE COALITION LEADERS' TRIALS - BOMBAST AND

C O N F I D E N T I A L SECTION 01 OF 02 TASHKENT 000327

SIPDIS

SIPDIS

DEPT FOR SCA/CEN AND DRL

E.O. 12958: DECL: 02/14/2016
TAGS: PHUM PREL PGOV UZ
SUBJECT: SUNSHINE COALITION LEADERS' TRIALS - BOMBAST AND
BUCKWHEAT


CLASSIFIED BY AMB. JON R. PURNELL, FOR REASONS 1.4 (B, D).

REF: TASHKENT 269


1. (C) Summary: Sunshine Coalition co-founders Sanjar Umarov
and Nodira Khidoyatova's trials continue in parallel
sessions, in the same court and under the same judge. The
judge has excluded testimony about alleged USG financial
support for the opposition movement, limiting testimony to
esoteric discussions of gas exports and buckwheat imports.
The judge clearly seems to want to focus the trial on the
economic charges against the two, keeping any insinuations
that politics played a role - including a charge that Umarov
received a pledge from the USG for $28 million, $6 million
of which was deposited in his personal account - out of his
courtroom. The defendants' families and supporters continue
trying to attract attention by publicly ridiculing the
charges. The handful of human rights activists keeping
vigil at the court complain that guards have selectively
excluded or harassed them. End summary.


2. (C) Sunshine Uzbekistan Coalition co-founder Sanjar
Umarov's tax evasion trial continued February 3-8, and then
recessed until February 13 while the court proceeded with
the parallel trial of coalition co-founder Nodira
Khidoyatova on similar charges. The two trials have an
alternated schedule, as both are being heard by the same
judge in the same courtroom. The two trials were not
originally scheduled to conflict, with Umarov's starting on
January 30, the anticipated final day of Khidoyatova's
hearings (reftel). However, Khidoyatova's trial has run
long with added testimony. Judge Zakir Isayev apparently
rejected an earlier motion to combine the two trials. Free
Farmers (Ozod Dehqonlar) Party loyalists, coordinated by
activist Elena Urlayeva, have maintained a daily vigil
outside the Tashkent Criminal Court, sending as many of
their members into the courtroom for each session as will
fit into the cramped chamber. So far, authorities have not
overtly impeded outside observers, though activists complain
that guards sometimes selectively exclude them. Marat
Zakhidov of the International Society for Human Rights
notified the Embassy that on February 10 Tashkent police
announced they were filing charges against Urlayeva for
giving money and food to activists to encourage them to
observe the trials.

UMAROV: HEARSAY TESTIMONY AND ALLEGED U.S. SUPPORT
-------------- --------------


3. (C) Umarov's lawyer, Vitaly Krasilovsky, told Poloff that
Umarov's trial has been characterized by hearsay evidence
and scarcely credible testimony, which he alleges
investigators have coerced through threats and intimidation.
He cited the example of a railroad customs inspector who
testified that, while working on the Uzbek-Afghan border in
2003, he took bribes on several occasions from a man who
claimed to be exporting liquefied natural gas (LNG) on
Umarov's behalf through the offshore company ProFinance.
When asked whether he had ever taken bribes from anyone
else, the inspector reportedly said, "No, never. Only from
that one person." Krasilovsky said the comment elicited
chuckles from the courtroom. (Comment: Uzbek customs
officials are notoriously corrupt. The idea that this
official has taken a bribe from only one individual is
indeed laughable. End comment.)


4. (C) According to Krasilovsky, another witness, Umarov's
childhood friend Grigoriy Saakyants, gave written testimony
alleging that Umarov traveled to the United States shortly
before his arrest and obtained a USG pledge of $28 million
to support his opposition political activity, $6 million of
which was already in an Umarov bank account. When Saakyants
appeared for live testimony, Umarov personally confronted
him about the allegation, but the judge cut him off, saying
that there were no political charges included in the
indictment, and they should therefore not be discussed.

KHIDOYATOVA: "A CIRCUS SHOW"
--------------


5. (C) Nodira Khidoyatova's trial resumed on February 9 with
esoteric testimony on her alleged illegal trading of
buckwheat. During the session, at which eleven witnesses
testified, the defendant and her sister, Ozod Dehqonlar
leader Nigora Khidoyatova, openly mocked the prosecution's
charges. Near the end of a statement by the prosecuting
attorney, Nigora rose and stormed out of the courtroom,

TASHKENT 00000327 002 OF 002


shouting that the trial was a "circus show." Only 14
observers would fit into the small courtroom on February 9,
leaving several outside complaining that they had been
deliberately excluded. Those permitted to observe included
the defendant's family, poloff, a German diplomat, and
several human rights activists. One independent journalist
and several human rights activists were denied entry.
Several of the latter told poloff that guards had demanded
their passport numbers, and they expressed fears of possible
arrest. Several gave handwritten notes to poloffs asking
for meetings on various human rights issues. On February
10, guards admitted virtually all observers who wished to
enter, regardless of the space limitation.

COMMENT
--------------


6. (C) By opening this politically motivated trial to
outside observers, the GOU likely expected that the
superficial appearance of a fair trial might dull Western
criticism of judicial shortcomings. It also gives the GOU a
way to show its critics that Umarov and Khidoyatova's trials
are indeed for economic crimes and unrelated to their work
in the Sunshine Coalition. As we have noted in the past, it
is impossible for us to comment on the veracity of the
charges against the two. However, both cases are, without a
doubt, at best examples of selective prosecution. The
system of laws and regulations is such that it is almost
impossible for anyone who does business to meet all
requirements. Government-issued "secret" decrees make it
even more difficult.

PURNELL