TURKMENISTAN: DFM HAJIYEV GIVES OFFICIAL

UNCLAS ASHGABAT 001594

SIPDIS
SENSITIVE

STATE FOR SCA/CEN, DRL

E.O. 12958: N/A
TAGS: PGOV PHUM KCRM TX
SUBJECT: TURKMENISTAN: DFM HAJIYEV GIVES OFFICIAL
EXPLANATION OF ANNANIYAZOV CASE


1. (U) Sensitive but unclassified. Not for public Internet.


2. (SBU) SUMMARY: DFM Wepa Hajiyev gave DCM the official
explanation for the arrest and conviction of Gulgeldy
Annaniyazov. In short, Annaniyazov was convicted of
illegally crossing borders and using a fake passport to do
it. According to Hajiyev, he received the maximum -- 11
years in prison -- because he was a multiple offender and had
a prior conviction. Hajiyev asserted the conviction was not
politically-motivated, even though the prior conviction was
for political activity. While society has opened up some
since the death of Niyazov, the current leadership is no less
suspicious of dissidents or more tolerant of criminal
activity than the previous one. END SUMMARY.


3. (SBU) DFM Wepa Hajiyev met with DCM December 5 to give
her an official explanation of the case of Gulgeldy
Annaniyazov, who was sentenced to 11 years in prison in
October. Hajiyev asserted that Annaniyazov's trial was open
and his conviction was not politically-motivated. Instead,
he had received 10 years in prison for violating article 214,
section 2 of the criminal code (illegally crossing a border)
and another year for violating article 217, section 3 of the
same law (use of a false passport). Hajiyev said that since
July 2002, Annaniyazov had used a fake Turkmenistan passport
in the name of Niyamat Anilov to travel internationally. In
July 2002, using this passport, Annaniyazov went to Russia by
train and then returned. In August 2002, he flew to Russia
via Kazakhstan. This time, Russian authorities discovered
that Annaniyazov was not using a passport in his own name and
returned him to Kazakhstan. Hajiyev then alleged that
Annaniyazov had sought the help of foreign embassies and
international organizations in Kazakhstan in order to obtain
political refugee status, after which he moved to Norway.


4. (SBU) On May 25, 2007, six months after the death of the
former president, Niyazov, Annaniyazov visited Kazakhstan
again, using the fake passport. He went to the Turkmen
embassy in Astana and tried to apply for a passport in his
real name. He told embassy officials that he wanted to
return to Turkmenistan, because he believed there would be
greater freedom under the new leadership. He vowed, however,
to enter Turkmenistan illegally, if they did not approve his
application. He crossed into Turkmenistan illegally on June

24.


5. (SBU) Hajiyev said Annaniyazov was "not a political hero,
just a criminal." Hajiyev emphasized the matter was not
political, but rather a case of entering the country on a
fake passport. He offered had Annaniyazov expressed a desire
to the consular officials to see his family or return to live
and work in Turkmenistan, and followed correct procedures,
the matter could have been resolved. However, since he had
used a fake passport for years and had a prior conviction, he
had received the maximum possible sentence. (NOTE:
Annaniyazov was arrested in 1995 for participating in an
anti-government demonstration and sentenced to 15 years
imprison. He was released in 1999. END NOTE.) If
Annaniyazov had been a first time offender, Hajiyev said, he
would have received minimal punishment.


6. (SBU) COMMENT: Annaniyazov has a history of political
activism in Turkmenistan. Nevertheless, he was convicted of
activities that are universally recognized as criminal --
illegally crossing borders and using a fake passport. While
society has opened up some since the death of Niyazov, the
current leadership is no less suspicious of dissidents or
more tolerant of criminal activity than the previous one.
END COMMENT.
MILES