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