DEPUTY PROSECUTOR GENERAL UPDATES ON FARHAD

C O N F I D E N T I A L BAKU 000064 SIPDIS SIPDIS E.O. 12958: DECL: 01/18/2017 TAGS: PREL PGOV PHUM KDEM KJUS AJ SUBJECT: DEPUTY PROSECUTOR GENERAL UPDATES ON FARHAD ALIYEV, ATTACKS ON JOURNALISTS AND HIRING NEW PROSECUTORS REF: 06 BAKU 1870 Classified By: DCM Jason P. Hyland for reasons 1.4 (b) and (d). ¶1. (C) In a January 11 meeting with Poloff, GOAJ First Deputy Prosecutor General Rustam Usubov provided an update on the investigation into the alleged October 2005 coup plot involving former ministers Farhad Aliyev and Ali Insanov and other former GOAJ officials. Usubov said that ten persons remain in pretrial detention and that the PGO planned to hold them in pretrial detention until April 2007 consistent with its statutory authority. (Note: Azerbaijan's criminal code permits the PGO to detain a suspect charged with fomenting a coup for up 18 months in pretrial detention.) Usubov said that "the investigation was going very well" and that both Aliyev's and Insanov's case would go to trial in April. Focusing on former ministers Aliyev and Insanov, Usubov said the GOAJ would prosecute both on charges of fomenting a coup d'etat as well as on charges of "massive" public corruption and numerous other charges stemming from abuse of public office. ¶2. (C) In response to poloff's concerns regarding reports that both Aliyev and Insanov were in grave medical condition, Usubov said that "We have no interest in this man (Aliyev) dying in custody." He added "We, in the PGO, want him to go to trial on these charges when the time comes." Usubov commented that he had read many of the opposition newspaper reports suggesting that Aliyev was near death and asserted that these reports were unfounded and wrong. Usubov attempted to assure poloff that the GOAJ was cognizant of the human rights implications of mistreating or failing to adequately treat any of the detainees. He underscored that the GOAJ has been demonstrably striving to meet international standards in view of the high scrutiny applied to this case, evidenced, he noted, by its decision to convene a 12 doctor medical panel in late December to review Aliyev's health. Usubov said that the panel report concluded Aliyev was not in grave condition, although Usubov did not know whether Aliyev had received a complete cardiological workup during the examination. Usubov added that Aliyev's private physician attended him on January 8 or 9, and also concluded Aliyev was not near death. Poloff reiterated to Usubov that the GOAJ's failure to meet the highest international standards of due process and human rights in this case would have serious consequences for the country's international reputation, a statement with which Usubov readily agreed. LIKELY PROSECUTION IN DECEMBER JOURNALIST ATTACK -------------- --- ¶3. (C) Turning to the 2006 attacks on opposition journalists, Usubov commented that the investigation into the December 25 attack on Nijat Huseynov (reftel) was proceeding quickly. He reported that the PGO had a "good idea" of who was responsible and that a prosecution in this case was likely. Usubov said that the PGO understood that the political affiliation of journalists was not relevant to the fair application of justice and it was "not an issue" in these cases. However, he opined that the circumstances surrounding these attacks were often murky in his view. He added that these investigations led the PGO to issues that were often "complex" and difficult to parse for prosecution purposes. PROSECUTORS' SALARIES UP, HUNDREDS TAKE PG EXAM -------------- -- ¶4. (SBU) Usubov reported that 303 of 503 applicants had passed the November state prosecutor's entrance examination. He remarked that the PGO hoped to fill 80 PGO vacancies in this hiring cycle by mid spring 2007. In a second stage of the recruitment process, Usubov said that the PGO planned to conduct panel interviews for all 303 applicants in early February. However, these interviews would be closed to outside observers. When poloff raised the importance of having international observers to validate the legitimacy of the process, Usubov acknowledged the concern but demurred, commenting that a panel of well respected officials would oversee the interviews. He added that he would pass on our concern to Prosecutor General Garalov. Usubov also noted that in the interest of combating corruption, the PGO had raised prosecutors' salaries, which was, in part, driving public interest in employment with the PGO. DERSE