HUMAN RIGHTS ACTIVIST TURAYEVA'S APPEAL DELAYED

C O N F I D E N T I A L TASHKENT 001010

SIPDIS

SIPDIS

DEPT FOR SCA/CEN AND DRL

E.O. 12958: DECL: 05/24/2017
TAGS: PHUM PGOV UZ
SUBJECT: HUMAN RIGHTS ACTIVIST TURAYEVA'S APPEAL DELAYED

REF: A. TASHKENT 843

B. TASHKENT 947

Classified By: CDA BRAD HANSON, FOR REASONS 1.4 (B, D)


1. (C) Summary: Andijon-based human rights activist Gulbahor
Turayeva, who was convicted and sentenced to six years'
imprisonment on April 24, was scheduled for an appeal hearing
on May 22. However, the court delayed the hearing by at
least a week. Earlier news reports had claimed that
Turayeva's sentence was recently extended as the result of a
second trial; however, Turayeva's lawyer reportedly disputed
the reports, saying that she had instead been fined in the
second trial. Turayeva's case has been the subject of debate
between the European Union and Uzbekistan in the context of
the recent EU decision to prolong sanctions on Uzbekistan.
End summary.


2. (C) On May 22, the Andijon Province Criminal Court delayed
the start of an appeal hearing for imprisoned human rights
activist Gulbahor Turayeva. Turayeva was convicted and
sentenced to six years' imprisonment on April 24 on charges
of anticonstitutional activity, slander, and distributing
subversive literature (ref A). Her case, along with that of
Human Rights Watch local staffer Umida Niyazova, was an issue
of discussion prior to and during the May 9 Human Rights
Dialogue between EU and Uzbek officials (ref B).


3. (C) At the EU-Uzbek discussions, Uzbek officials flatly
denied recent news reports that Turayeva had undergone a
second criminal trial which had resulted in an additional
prison sentence of five years and eight months. They urged
EU officials to be patient and await the outcome of
Turayeva's pending appeal. (Note: As the result of a similar
appeal, Umida Niyazova's sentence on similar charges had been
commuted only days before, and she was released from
detention. But that was before the EU decided to extend
sanctions. End note.)


4. (C) On May 21, German Ambassador told CDA that Turaeva's
lawyer had confirmed to the German Embassy that Turaeva was
convicted of defamation in a second trial on May 7 and fined
approximately $515 (648,000 soum). The lawyer reportedly
said that Turaeva's husband was mistaken in claiming that
Turayeva's sentence had been lengthened. He claimed that
such a sentence is not possible under Uzbek law. The fine is
being appealed, together with the original conviction.


5. (C) German Embassy Political Officer Uwe Berndt and
Tashkent-based human rights activist Surat Ikramov traveled
to Andijon on May 22 for the scheduled start of Turayeva's
appeal hearings. Upon their arrival, they learned that the
hearing had been postponed for at least a week. A court
secretary reportedly promised to inform them when the date

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was rescheduled. Ikramov told Poloff that he has been
receiving information about the case through Turayeva's
former attorney, who he said was removed from the case by the
court and replaced with a state attorney.


6. (C) Comment: Wherever practical, Post attempts to monitor
politically motivated criminal trials--often in coordination
with European missions--to demonstrate international
interest. Often Embassy monitors have attempted to attend
court hearings, only to be informed at the previously
scheduled start times that the hearings have been postponed.
It is impossible to confirm, but tempting to believe, that
the courts delay the hearings specifically to avoid the
attendance of international monitors.

HANSON