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 SIPDIS 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