INTERNATIONAL COMMUNITY VIEWS ON FARHAD ALIYEV AND

C O N F I D E N T I A L SECTION 01 OF 02 BAKU 000472

SIPDIS

SIPDIS

E.O. 12958: DECL: 04/19/2017
TAGS: PREL PGOV PHUM KDEM KCOR AJ
SUBJECT: INTERNATIONAL COMMUNITY VIEWS ON FARHAD ALIYEV AND
ALI INSANOV; DRAFT GUIDANCE INCLUDED


Classified By: Ambassador Anne Derse for Reasons 1.4 (b) and (d).


1. (C) At an April 19 meeting with key diplomatic missions
(UK, Norway, France, OSCE, UN, Council of Europe, and US),
Polec Counselor raised the question of press
statements/public reactions to the expected April 20 verdict
in the trial of former Health Minister Ali Insanov and the
upcoming May 15 trial of former Economic Development Minister
Farhad Aliyev trials (septel). All Missions agreed that any
press statements should be deployed on an if-asked basis only
and should highlight corruption as the key issue. COE and
OSCE were interested in noting the procedural problems of the
detention process and trial; all other Missions thought
Insanov,s case did not warrant further consideration,
arguing that Insanov was a corrupt official going to jail,
not a political activist who was prosecuted for his beliefs.


2. (C) The OSCE has been monitoring the Insanov trial as part
of its trial monitoring project and plans to issue an
extensive report on its findings, likely a few weeks after
the verdict. OSCE reports it will organize a meeting of
member states to discuss its findings and any proposed public
statement at that time. OSCE DHM said OSCE would not issue
any immediate reaction to the verdict. DHM also expressed
some concern about the timing of a future statement, as OSCE
wanted to make sure that the OSCE report on the Insanov trial
was not inadvertently released at the same time that the
Aliyev trial was getting underway.


3. (C) All Missions and particularly COE's Head of Mission
were emphatic that they did not consider either Insanov or
Aliyev to be political prisoners. In their view, neither
Insanov nor Aliyev was arrested for their political beliefs.
Most agreed that the reasons behind their arrests were
politically motivated but that they did not meet the
definition of political prisoners. UK expressed concern
about the need to lay down a marker of some sort, to ensure
that the GOAJ did not feel it had been given a free pass to
arrest on charges of corruption other people viewed as
political opponents of the regime.


4. (U) If Asked Suggested Press Guidance and Background Note
Below:

Begin text:

Question: Do you have any reaction to the verdict in the
trial of former Azerbaijani Health Minister Ali Insanov
and/or the upcoming trial of former 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. Corruption undermines the free market, and
enriches the few at the expense of the many. Corruption
exists everywhere; the countries which succeed are those
which address it forthrightly, including through strong rule
of law. We have urged the Azerbaijani government to take
measures to combat corruption, including arresting and
prosecuting senior officials suspected of abusing the
public,s trust. We hope that this (these) conviction(s) are
an indication of a broad effort to address this serious
issue. At the same time, all citizens in democratic societies
are entitled to due process and a fair trial. We continue to
have some concerns about adequacy of the due process afforded
in these cases.

If Pressed:

Question: Were the cases against Ali Insanov and Farhad
Aliyev politically motivated?

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

Question: Is Ali Insanov a political prisoner?

Answer: No. We are cognizant of the considerable speculation
that has surrounded Mr. Insanov since his October 2005
arrest. We note the concern of human rights activists and
others that Mr. Insanov,s initial arrest on coup and
corruption charges may have been, at least in part,
politically motivated. However, Mr. Insanov was prosecuted
and convicted 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.


BAKU 00000472 002 OF 002


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, it is our understanding that Mr. Aliyev will
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. We will closely monitor the
upcoming proceeding in that light.

(SBU) Press Guidance Background Note:

Ali Insanov and Farhad Aliyev were the two 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 believe the coup plot charges were spurious
but agree that Insanov and Aliyev could be legitimately
prosecuted for public corruption. Insanov, who served as
Health Minister for over a decade, was generally regarded as
among the most corrupt officials in the Government.

The Embassy repeatedly urged the Government to respect
Insanov, Aliyev and all detainees, right to due process and
a fair trial consistent with Azerbaijan,s international
commitments. Aliyev,s lawyers have previously complained
about the adequacy of Aliyev,s healthcare in pretrial
detention and the GOAJ refusal to allow his family access to
him in the detention facility. There has been no evidence to
suggest that either Aliyev or Insanov were subject to any
physical abuse while awaiting their trials and the
international community generally believes the Government has
provided adequate and regular access to medical care for
these two defendants.

In February 2007, the GOAJ State Prosecutor decided to try
Insanov exclusively on charges of public corruption, leaving
aside - though not discarding - the coup plot charge.
Insanov,s trial began on February 15 and ended on April 20.
Embassy officers and international observers regularly
monitored the hearings and noted the trial proceeding adhered
to a more rigorous judicial standard than is the norm in
Azerbaijan. Insanov was convicted on charges of public
corruption and sentenced to (enter length of sentence).

Farhad Aliyev,s 18-month pretrial detention period expires
on April 19, 2007 at 1 pm. Aliyev,s case was turned over to
a Baku court on April 16 and he remains in judicial custody
pending his trial. According to local sources, Farhad
Aliyev,s trial - also on corruption charges - is expected to
start on or about May 15. Embassy officers will monitor and
observe the proceedings.

End text.
DERSE