BULGARIA: HAJIEV'S EXTRADITION BACK IN THE COURTS

C O N F I D E N T I A L SOFIA 000345

SIPDIS

SIPDIS

DEPT FOR EUR/NCE, DRL

E.O. 12958: DECL: 03/13/2017
TAGS: PHUM PREL PGOV TX BU
SUBJECT: BULGARIA: HAJIEV'S EXTRADITION BACK IN THE COURTS

REF: A. 2006 SOFIA 1392


B. 2006 STATE 179819

C. 2006 ASHGABAT 1135

D. 2006 ASHGABAT 1293

Classified By: DCM Alex Karagiannis, for reasons 1.4 (b) and (d)


1. Summary: Annadurdy Hajiev, an accused embezzler and critic
of Turkmenistan's human rights record, was re-arrested on
February 20 on what seems to be an old Turkmenistan INTERPOL
notice. A Bulgarian court denied the same request for
extradition in 2003 because it judged the charge to be
politically motivated. Human rights groups are paying close
attention to the case and stress that Hajiev has a
well-founded fear of persecution if he is returned to
Turkmenistan. End Summary.


2. (U) Annadurdy Hajiev will remain in custody until April
3, during which time Turkmenistan is supposed to present a
formal request for extradition. Hajiev, the former deputy
chairman of Central Bank of Turkmenistan, stands accused of
embezzling $40 million from the bank in 2001. He and his
wife Tajigul Begmedova, who are outspoken -- if
sensationalist -- critics of Turkmenistan's human rights
record, claim the charges are politically motivated.


3. (C) This is the second time Hajiev has been arrested in
Bulgaria for the same charges. In 2003, the Bulgarian court
refused to extradite him because it judged Turkmenistan's
request to be politically motivated and insufficiently
supported by evidence. The 'new' extradition request is
based on the same 2002 charge, and may be the result of
Turkmenistan's recent membership in INTERPOL.


4. (SBU) Human Rights Watch (HRW) in New York sent a letter
to the courts and the General Prosecutor arguing against
extradition because Hajiev "would face an almost certain risk
of torture." Begmedova told us previously that she and
Hajiev have a well-founded fear of persecution if returned to
Turkmenistan (ref. A). She cites as proof the suspicious
October 2006 death of Hajiev's sister Ogulsapar Muradova, a
journalist and outspoken critic of the government who died
while in police custody, as well as the arrest of other
family members. Embassy Ashgabat's reporting (ref. C) and
the Department's Human Rights Report cover these cases.


5. (C) COMMENT: We are in no position to determine the
merits of the embezzlement case, but it strikes us that
whatever his guilt or innocence, the real question is whether
he would be treated humanely and accorded a fair trial in
Turkmenistan. While the extradition case is before the
courts, the USG has no formal remit. In case the courts rule
to extradite, the Department may have to consider whether to
weigh in, and weigh in quickly. The human rights community
would certainly look to us. In the meantime, by continuing
to monitor the case, we informally convey our interest to the
Bulgarian authorities.
BEYRLE