ACTION REQUEST: PRESS GUIDANCE ON THE FARHAD

UNCLAS BAKU 001275

SIPDIS

SENSITIVE
SIPDIS

DEPARTMENT FOR DRL/AE: WENDY SILVERMAN; EUR/PPD: BRUCE
ARMSTRONG, CHASE BEAMER, AND JOE MELLOT

E.O. 12958: N/A
TAGS: PGOV PREL PHUM KCOR KPAO AJ
SUBJECT: ACTION REQUEST: PRESS GUIDANCE ON THE FARHAD
ALIYEV CASE

REF: A. BAKU 1165


B. STATE 65602

C. STATE 52621

D. BAKU 472

SENSITIVE BUT UNCLASSIFIED - NOT FOR INTERNET DISTRIBUTION.


1. (U) This is an action request. Please see paragraph 2.


2. (SBU) As the trial of former Minister of Economic
Development Farhad Aliyev wraps up (ref a),the need for
definitive press guidance on his case has resurfaced. The
Prosecutor has asked that Aliyev be sentenced to 11 years in
prison on charges of misappropriation, embezzlement, illegal
entrepreneurship, smuggling, tax evasion, abuse of power,
accepting bribery, and forgery. A verdict is expected
imminently. Due to the high level of international attention
on this case, we expect the verdict to draw many questions
from the press, both in Baku and in Washington. We
appreciate the Department's guidance provided in refs b and
c, and request feedback on the draft press guidance proposed
below.


3. (U) If Asked Suggested Press Guidance:

Question: Do you have any reaction to the verdict in the
trial of former Azerbaijani Economic Development Minister
Farhad Aliyev?

Answer: Public corruption is a cancer on society, a major
impediment to the rule of law and Azerbaijan's democratic
development. We have urged the Azerbaijani government to take
measures to combat corruption, and we hope that this
conviction is an indication of a broad effort to address this
serious issue. We remain concerned, however, about the
adequacy of due process afforded in this case, and respect
for human rights during Mr. Aliyev's period of detention.

If Pressed:

Question: Was the case against Farhad Aliyev politically
motivated?

Answer: We note the concerns of human rights activists and
others that this arrest may have been, in part, politically
motivated. The law enforcement and judicial systems should
not be used as political tools.

Question: Is Farhad Aliyev a political prisoner?

Answer: No. We are certainly cognizant of the considerable
speculation that has surrounded Mr. Aliyev since his October
2005 arrest. We are also aware that Mr. Aliyev's lawyers and
advocates believe their client to be a political prisoner.
However, Mr. Aliyev was prosecuted for public corruption. All
officials suspected of public corruption should be held
accountable for their actions through a fair and legitimate
judicial process - a process that protects the rights of the
defendants while ensuring that justice is done.


4. (SBU) Press Guidance Background Note:

Farhad Aliyev was among the most prominent GOAJ officials
arrested in October 2005 on charges of plotting a coup and
charges of official corruption shortly before November 6,
2005 nationwide parliamentary elections. Most commentators
believed the coup plot charges were spurious but agreed that
Aliyev could be legitimately prosecuted for public corruption.

The Embassy repeatedly urged the GOAJ to respect Aliyev's and
all detainees' right to due process and a fair trial
consistent with Azerbaijan's international commitments.
Aliyev's lawyers have long complained about the adequacy of
Aliyev's health care in pretrial detention and the GOAJ's
refusal to allow his family access to him in the detention
facility. There has been no evidence to suggest that Aliyev
was subject to any physical abuse while awaiting trial and
the international community generally believes the GOAJ has
provided adequate and regular access to medical care for the
defendant.

Aliyev's trial began on May 15 and ended on (insert date).
While Embassy officers were eventually allowed to monitor
trial proceedings, with the exception of the OSCE's trial
monitoring project staff members, all other international
observers were barred courtroom access. In addition,
independent and opposition journalists and some of Aliyev's
family members were not permitted access to many of the early

trial sessions. Aliyev's lawyers have noted concerns about
numerous due process violations during the pre-trial period
and trial proceedings. Aliyev was convicted on a range of
charges related to public corruption and sentenced to (insert
length of sentence).
DERSE