Identifier
Created
Classification
Origin
07BAKU1310
2007-11-01 11:09:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Baku
Cable title:
EX-MINISTER FARHAD ALIYEV SENTENCED TO TEN YEARS
how-toVZCZCXRO5296 OO RUEHAST RUEHDBU RUEHFL RUEHLA RUEHLN RUEHMRE RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG DE RUEHKB #1310 3051109 ZNR UUUUU ZZH O 011109Z NOV 07 FM AMEMBASSY BAKU TO RUEHC/SECSTATE WASHDC IMMEDIATE 4141 INFO RUCNCIS/CIS COLLECTIVE PRIORITY RUCNOSC/OSCE COLLECTIVE PRIORITY
UNCLAS BAKU 001310
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PREL PHUM KDEM KCOR AJ
SUBJECT: EX-MINISTER FARHAD ALIYEV SENTENCED TO TEN YEARS
FOR CORRUPTION, EMBEZZLEMENT
REF: A. BAKU 828
B. STATE 148496
SENSITIVE BUT UNCLASSIFIED - NOT FOR INTERNET DISTRIBUTION.
UNCLAS BAKU 001310
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PREL PHUM KDEM KCOR AJ
SUBJECT: EX-MINISTER FARHAD ALIYEV SENTENCED TO TEN YEARS
FOR CORRUPTION, EMBEZZLEMENT
REF: A. BAKU 828
B. STATE 148496
SENSITIVE BUT UNCLASSIFIED - NOT FOR INTERNET DISTRIBUTION.
1. (U) On October 31, former Minister of Economic Development
Farhad Aliyev was sentenced to ten years' imprisonment on
charges of misappropriation, embezzlement, illegal
entrepreneurship, smuggling, tax evasion, abuse of power,
accepting bribery, and forgery (articles 179.3.1, 179.3.2,
192.2.1, 192.2.2, 206.4, 213.4, 308.2, 311.3.1, 311.3.2,
311.3.3, and 313 of the criminal code). Aliyev's brother and
former AzPetrol Oil Company President Rafig Aliyev was
sentenced to nine years' imprisonment on charges of violating
the right to land ownership and illegal destruction (articles
179.3.1, 179.3.2, 188, 192.2.1, 192.2.2, 206.3.1, 206.4,
213.4, 259, and 313 of the criminal code). Both Farhad and
Rafig Aliyev received a five-year ban from serving in public
office, effective after their prison sentences are completed.
In addition, all of their frozen assets now have been
officially seized. Four of the other defendants, who are
mostly former Ministry of Economic Development or AzPetrol
employees, received prison sentences from four years to seven
years and six months; the remaining 13 defendants received
suspended sentences ranging from one year to seven years and
six months.
2. (SBU) Aliyev's trial at the Court of Grave Crimes began on
May 15, after Aliyev had already served more than 18 months
in pre-trial detention. Aliyev was among several
high-profile GOAJ officials arrested in October 2005 on
charges of corruption and of plotting a coup d'etat. The
GOAJ later separated Aliyev's prosecution into two different
cases; it is unlikely that the GOAJ will prosecute Aliyev
separately on coup-plotting charges. The trial got off to a
rocky start, with all international observers, many
independent and opposition journalists, and many of Aliyev's
family members being barred courtroom access. Although the
media access problems were fairly quickly resolved, the only
international observers permitted into trial sessions were
Emboffs and staff members from the OSCE's trial monitoring
project. Many of the trial proceedings were difficult for
observers to hear, because of the lack of microphones and the
whirring of several air conditioners in the long, narrow,
crowded courtroom (ref a).
3. (SBU) Aliyev's defense attorneys, who claim that their
client is a political prisoner, plan to file an appeal with
the European Court of Human Rights (ECHR). They have
prepared a list of more than 1,500 due process violations
from the period of pre-trial detention and from the trial
proceedings. Rafig Aliyev's attorneys also plan to file a
case with the ECHR; Aliyev's family maintains that he is
guilty "only of being Farhad Aliyev's brother." Human rights
activists have raised many concerns about Farhad Aliyev's
case, especially regarding reports that Aliyev's family
members have not been allowed to visit him in detention.
Local reaction so far has been muted, as no one seems
surprised by the verdict; we will continue to monitor
reaction and report any substantive developments. We
appreciate the Department's response to our request for press
guidance, and will respond to press inquiries per the
guidance in ref b.
DERSE
SIPDIS
SENSITIVE
SIPDIS
E.O. 12958: N/A
TAGS: PGOV PREL PHUM KDEM KCOR AJ
SUBJECT: EX-MINISTER FARHAD ALIYEV SENTENCED TO TEN YEARS
FOR CORRUPTION, EMBEZZLEMENT
REF: A. BAKU 828
B. STATE 148496
SENSITIVE BUT UNCLASSIFIED - NOT FOR INTERNET DISTRIBUTION.
1. (U) On October 31, former Minister of Economic Development
Farhad Aliyev was sentenced to ten years' imprisonment on
charges of misappropriation, embezzlement, illegal
entrepreneurship, smuggling, tax evasion, abuse of power,
accepting bribery, and forgery (articles 179.3.1, 179.3.2,
192.2.1, 192.2.2, 206.4, 213.4, 308.2, 311.3.1, 311.3.2,
311.3.3, and 313 of the criminal code). Aliyev's brother and
former AzPetrol Oil Company President Rafig Aliyev was
sentenced to nine years' imprisonment on charges of violating
the right to land ownership and illegal destruction (articles
179.3.1, 179.3.2, 188, 192.2.1, 192.2.2, 206.3.1, 206.4,
213.4, 259, and 313 of the criminal code). Both Farhad and
Rafig Aliyev received a five-year ban from serving in public
office, effective after their prison sentences are completed.
In addition, all of their frozen assets now have been
officially seized. Four of the other defendants, who are
mostly former Ministry of Economic Development or AzPetrol
employees, received prison sentences from four years to seven
years and six months; the remaining 13 defendants received
suspended sentences ranging from one year to seven years and
six months.
2. (SBU) Aliyev's trial at the Court of Grave Crimes began on
May 15, after Aliyev had already served more than 18 months
in pre-trial detention. Aliyev was among several
high-profile GOAJ officials arrested in October 2005 on
charges of corruption and of plotting a coup d'etat. The
GOAJ later separated Aliyev's prosecution into two different
cases; it is unlikely that the GOAJ will prosecute Aliyev
separately on coup-plotting charges. The trial got off to a
rocky start, with all international observers, many
independent and opposition journalists, and many of Aliyev's
family members being barred courtroom access. Although the
media access problems were fairly quickly resolved, the only
international observers permitted into trial sessions were
Emboffs and staff members from the OSCE's trial monitoring
project. Many of the trial proceedings were difficult for
observers to hear, because of the lack of microphones and the
whirring of several air conditioners in the long, narrow,
crowded courtroom (ref a).
3. (SBU) Aliyev's defense attorneys, who claim that their
client is a political prisoner, plan to file an appeal with
the European Court of Human Rights (ECHR). They have
prepared a list of more than 1,500 due process violations
from the period of pre-trial detention and from the trial
proceedings. Rafig Aliyev's attorneys also plan to file a
case with the ECHR; Aliyev's family maintains that he is
guilty "only of being Farhad Aliyev's brother." Human rights
activists have raised many concerns about Farhad Aliyev's
case, especially regarding reports that Aliyev's family
members have not been allowed to visit him in detention.
Local reaction so far has been muted, as no one seems
surprised by the verdict; we will continue to monitor
reaction and report any substantive developments. We
appreciate the Department's response to our request for press
guidance, and will respond to press inquiries per the
guidance in ref b.
DERSE