UPDATE ON FARHAD ALIYEV TRIAL

C O N F I D E N T I A L BAKU 000948

SIPDIS

SIPDIS

FOR EUR/CARC

E.O. 12958: DECL: 07/27/2017
TAGS: PGOV PREL AJ
SUBJECT: UPDATE ON FARHAD ALIYEV TRIAL

REF: BAKU 00590

Classified By: Ambassador Anne E. Derse for reasons 1.4 (b, d).


1. (SBU) The trial of former Minister of Economic Development
Farhad Aliyev and 18 other defendants -- including Farhad's
brother, Rafiq -- is continuing at a glacial pace at the
Baku-based Court of Grave Crimes. Per reftel, the trial
began on May 15 and the proceedings have now passed more than
50 days. This trial is focusing only on the two charges of
official corruption and embezzlement. The GOAJ has not
commented further as to the timing or modalities of a second
trial on coup-plotting charges.


2. (SBU) Local observers report the trial largely has
consisted of a dizzying number of witnesses for the
prosecution. The presiding judge, Tofik Pashayev, on July 5
said that over 700 people had testified in the proceedings
since May 15. In addition, the indictment against Aliyev is
approximately 1,500 pages.


3. (SBU) The testimonies of the prosecution's witnesses have
focused on two major allegations against Farhad Aliyev.
First, he was illegally involved in the purchase of
privatization vouchers from Azerbaijani citizens. Second,
Farhad Aliyev used his position to gain a controlling share
for himself or his cronies in a number of private companies.


4. (SBU) One exception to the normally mundane trial
proceedings was Aliyev's public claim in July that Minister
of Emergency Situations Kamaladdin Heydarov, Minister of
Economic Development Heydar Babayev, and Head of the State
Property Committee Kerem Hasanov were behind the illegal
acquisition of privatization vouchers. Despite the
scandalous nature of Aliyev's claim, the story was only
briefly covered in local press.


5. (SBU) Court and legal observers have noted several
procedural violations. On July 19, Aliyev's lawyer, Elton
Guliyev, called attention to contradictions among the
prosecution's witnesses on the specifics of Aliyev's
involvement in illegally acquiring privatization voucher. In
addition, one of the prosecution's witnesses admitted that he
signed his preliminary investigation statement without
reading it. Observers have also noted that the GOAJ is not
allowing full access to the trial, despite there being vacant
seats in the courtroom. In another episode, the judge was
unable to control one of the prosecution's witnesses whose
testimony had the courtroom laughing for fifteen minutes.
Finally, a local staff lawyer told us the GOAJ has exceeded
the legally permitted limit for holding Aliyev in pre-trial
detention. (NOTE: Technically, the GOAJ is only allowed to
hold Aliyev for a maximum of 18 months, but he has been in
detention for 21 months.)


6. (C) Jamil Hasanli, the head of the Committee for the
Protection of Farhad and Rafiq Aliyev's Rights, told us that
the government case lacks solid evidence. Hasanli complained
that the government has failed to produce any witnesses that
directly reported to Farhad Aliyev while he was the Minister
of Economic Development and presumably would have received
orders to engage in corrupt schemes. Hasanli also
underscored that there have been multiple violations of due
process in the trial proceedings.


7. (C) Comment: The case appears to be following the Soviet
tradition of producing large numbers of witnesses and volumes
of evidence, much of which is anecdotal or indirect. Many
local contacts do not doubt that Aliyev had illicit dealings,
but they highlight the manner in which the government
selectively targeted a member of the elite. We will continue
monitoring the trial.
DERSE