FARHAD AND RAFIG ALIYEV ATTEMPT TO DISMISS THEIR

C O N F I D E N T I A L BAKU 001093

SIPDIS

SIPDIS

E.O. 12958: DECL: 08/31/2017
TAGS: PGOV PREL PHUM KDEM KCOR AJ
SUBJECT: FARHAD AND RAFIG ALIYEV ATTEMPT TO DISMISS THEIR
LAWYERS; JUDGE RULES "NO"

REF: A. BAKU 664

B. BAKU 1071

Classified By: POL/ECON CHIEF JOAN POLASCHIK PER 1.4(B,D)


1. (C) In an August 28 trial session, former Minister of
Economic Development Farhad Aliyev and his brother, former
AzPetrol Head Rafig Aliyev, announced their intention to
dismiss their defense attorneys. According to the Aliyev
brothers, the courts' actions have made it impossible for
their defense team to adequately defend them, by giving the
lawyers insufficient time to review necessary documents and
by generally being uncooperative. Elton Guliyev, Farhad's
lead defense attorney, has voiced similar complaints with
Emboffs since the pre-trial detention period (ref a). Judge
Hafiz Pashayev ruled against the dismissal, stating that the
brothers had been "pressured" into making such a decision.
Pashayev's ruling comes after Farhad Aliyev complained that
law enforcement officials pressured witnesses into giving
certain testimonies (ref b). Farhad and Rafig Aliyev stand
trial with 17 others on charges of corruption and
embezzlement.


2. (SBU) Since our last update (ref b),the trial, which
began May 15, has progressed fairly routinely. On August 28,
the former Minister stated that the media has violated his
right to presumption of innocence by covering the trial
proceedings as if he had "already been convicted." He blames
the court's decision to allow cameras to film only
three-minute segments of the proceedings as the cause of the
biased coverage. "I know I have touched on certain people's
interests," Aliyev said, "especially monopolies and
corruption, but the court has to decide to what extent the
media can interfere with the verdict." The prosecutor
responded, stating that "journalists do not behave
professionally," and said that the opposition papers only
cover the defense's side of the story. Pashayev interrupted
Isakhan Ashurov, one of Aliyev's defense attorneys, when he
tried to respond, and then interrupted Rafig Aliyev, stating
"This is a trial, not a discussion." He concluded by stating
"We (the judges) don't watch TV; it doesn't affect our
opinions."


3. (C) On August 29, the prosecution concluded the
presentation of its case, and the defense will begin its
rebuttal on September 3. According to Ashurov, the delay is
due to a request from the defense attorneys - and from Rafig
Aliyev - for more time to review case materials before
calling their witnesses to the stand. Separately, Ashurov
said that Farhad Aliyev's family has still not been permitted
to visit Aliyev in detention. We will continue to monitor
the trial and report on developments, and engage the GOAJ
regarding Aliyev's family's visitation rights.
DERSE