Identifier
Created
Classification
Origin
07BAKU1009
2007-08-10 12:43:00
CONFIDENTIAL
Embassy Baku
Cable title:  

FARHAD ALIYEV TRIAL UPDATE

Tags:  KDEM PGOV PHUM PREL 
pdf how-to read a cable
VZCZCXRO7163
PP RUEHDBU
DE RUEHKB #1009 2221243
ZNY CCCCC ZZH
P 101243Z AUG 07
FM AMEMBASSY BAKU
TO RUEHC/SECSTATE WASHDC PRIORITY 3664
INFO RUCNCIS/CIS COLLECTIVE PRIORITY
RUEHAK/AMEMBASSY ANKARA PRIORITY 2282
RUEHNO/USMISSION USNATO PRIORITY 0647
RUEHVEN/USMISSION USOSCE PRIORITY 0644
RHMFISS/CDR USEUCOM VAIHINGEN GE PRIORITY
C O N F I D E N T I A L BAKU 001009 

SIPDIS

SIPDIS

FOR EUR/CARC

E.O. 12958: DECL: 08/09/2017
TAGS: KDEM PGOV PHUM PREL
SUBJECT: FARHAD ALIYEV TRIAL UPDATE

REF: BAKU 000948

Classified By: A/DCM Jonathan Henick for reasons 1.4 (b) and (d).

C O N F I D E N T I A L BAKU 001009

SIPDIS

SIPDIS

FOR EUR/CARC

E.O. 12958: DECL: 08/09/2017
TAGS: KDEM PGOV PHUM PREL
SUBJECT: FARHAD ALIYEV TRIAL UPDATE

REF: BAKU 000948

Classified By: A/DCM Jonathan Henick for reasons 1.4 (b) and (d).


1. (SBU) The trial of former Minister of Economic
Development Farhad Aliyev and 18 co-defendants on charges of
corruption and embezzlement continues to progress slowly in
the Court of Grave Crimes in Baku. Per reftel, the trial
began on May 15 and the proceedings have now lasted more than
60 days. This trial is focusing on the major corruption
allegations against Aliyev. First, that he was illegally
involved in the purchase of privatization vouchers from
Azerbaijani citizens. Second, that Farhad Aliyev used his
position to gain a controlling share for himself or his
cronies in a number of private companies. The GOAJ has not
commented on the timing or modalities of a second trial on
coup-plotting charges.


2. (SBU) The prosecution's parade of witnesses to the dais
in support of its case continues. Much of the testimony
appears to be indirect, unsubstantiated or perhaps even given
under pressure. For example, on August 9, one witness
testified that she was forced to delete computer files
relating to a privatization project on which Farhad Aliyev
worked, but did not know the name of the person that
allegedly forced her to do so. Head of the Committee to
Defend Farhad Aliyev's Rights - and Member of Parliament -
Jamil Hasanli told Poloff that during some trial sessions,
employees' supervisors were present in the courtroom during
their testimonies, which Hasanli believes was intended to
pressure the employees into saying "the right thing." In
another example, on August 8, one witness appeared to be
finished testifying several times; each time the judge asked
"what else can you say?"


3. (U) Aliyev's defense team raised a number of due process
issues during the August 9 court session. Local press
reported that lead defense attorney Elton Guliyev submitted
several appeals to the court protesting what Guliyev believes
to be violation of Azerbaijan's due process laws. The
appeals demanded that the defense team be given two days a
week to organize and prepare the ex-minister's legal defense;
that the defense team be notified two days in advance of the
testimonies of upcoming witnesses; and that the defense team
be allowed to make copies of court documents to make
arguments of protest on Azerbaijan's implementation of due
process regulations. In addition, Aliyev's defense team
submitted an appeal demanding that Farhad Aliyev be allowed
to sit with them in court and that Aliyev's personal lawyer
be allowed to visit Aliyev in prison. (NOTE: Aliyev and the
other defendants currently sit inside a locked cell in the
courtroom. Guliyev has consistently argued to USG
interlocuters that all of these items constitute a violation
of Aliyev's human rights. END NOTE)


4. (SBU) Elton Guliyev believes that the GOAJ may move to
conclude the testimony portion of the trial within the next
10 to 15 days. According to local legal staff, following the
testimony phase, all interested parties will have the
opportunity to present oral arguments, oral rebuttals of each
others' oral arguments. Once the oral arguments are
concluded, the accused will make a final statement, and then
the prosecution and the defendant will submit a draft final
decision to the court which the judges will use as the basis
for a final decision.


5. (C) Separately, on August 2, Head of Azerbaijan's
Committee Against Torture Elchin Behbudov told Poloff that he
had recently visited Aliyev in detention. According to
Behbudov, Aliyev is "feeling a bit better." He did note,
however, that Aliyev may be under some pressure during their
meetings because prison officials linger nearby to "record
their conversation."


6. (C) Comment: Aside from our short conversation with
Guliyev, very little has changed over the past several weeks.
The trial continues to progress slowly. Press coverage of
the trial has been sparse in recent days and the prosecution
seems to be content with shepherding witnesses in to court to
testify against Farhad Aliyev regardless of the strength of
their claims. We will continue to monitor the trial.
LU