BULGARIA: HAJIEV NOT LIKELYTO BE EXTRADITED SOON

C O N F I D E N T I A L SOFIA 000456

SIPDIS

SIPDIS

E.O. 12958: DECL: 04/11/2017
TAGS: PHUM PREL PREF TX BU
SUBJECT: BULGARIA: HAJIEV NOT LIKELYTO BE EXTRADITED SOON

REF: SECSTATE 46683

Clasified By: A/DCM Brad Freden for reasons 1.4 (b) ad (d)


1. (SBU) On April 10, we delivered reftl points to the
Head of International Cooperatio Department at the Ministry
of Justice, Georgi Rpchev. Rupchev was not familiar with
the detailsof Hajiev's extradition case, but said that
Turkensitan's spotty humn rights record justified our
concerns. While the MOJ can't get involved in a ongoing
court case, Rupchev promised to pass ou concerns to the
Minister of Justice. He is confdent that the courts' denial
of Hajiev's extradiion in 2003 will play a role in the
pending case


2. (SBU) In an April 11 meeting, the Head ofMFA's Human
Rights Department, Ivailo Ivanov, sad he'll pass our
concerns to the relevant ministries, but stressed that the
government cannot infringe on the judiciary's independence.
He expressed hope, however, that the court would deny
extradition and uphold Bulgaria's international human rights
record.


3. (C) Separately, the office of UN High Commissioner for
Refugees told us that they have taken an active role in the
case. According to legal advisor Davor Sopf, UNHCR wrote two
letters to the court underlining Bulgaria's responsibility to
protect Hajiev as a de facto asylum seeker. Sopf clarified
that while Hajiev does not have refugee status, he does have
a pending refugee application (filed from jail),which grants
him the right to protection against refoulement. The court
apparently reacted positively to UNHCR's input and requested
more information on the refugee application. Sopf sees this
as a positive sign that the court gives UNHCR's arguments due
consideration. He is grateful to have USG backing, and we
agreed to coordinate our strategies on the case.


4. (C) COMMENT: Hajiev's hearing is set for April 12. If
the court rules to extradite, he has two chances to appeal, a
process that could take two to six weeks. We will continue
to monitor the case closely and stress our position against
extradition. While the GOB cannot formerly intervene as long
as the case is before the court, the government is now well
aware of our concern. We are confident that this, combined
with UNHCR's direct engagement with the court, makes it less
likely that Hajiev will be extradited any time soon. END
COMMENT.
BEYRLE