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04/19/2017 TAGS: PREL PGOV PHUM KDEM KCOR AJ SUBJECT: INTERNATIONAL COMMUNITY VIEWS ON FARHAD ALIYEV AND ALI INSANOV; DRAFT GUIDANCE INCLUDED Classified By: Ambassador Anne Derse for Reasons 1.4 (b) and (d).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