Identifier
Created
Classification
Origin
08BAKU637
2008-07-03 10:59:00
UNCLASSIFIED//FOR OFFICIAL USE ONLY
Embassy Baku
Cable title:
AZERBAIJANI JOURNALIST AGIL KHALIL FORCED TO
how-toVZCZCXRO9067 PP RUEHLN RUEHVK RUEHYG DE RUEHKB #0637 1851059 ZNR UUUUU ZZH P 031059Z JUL 08 FM AMEMBASSY BAKU TO RUEHC/SECSTATE WASHDC PRIORITY 5636 INFO RUCNCIS/CIS COLLECTIVE PRIORITY RUEHAK/AMEMBASSY ANKARA PRIORITY 2898 RUEAIIA/CIA WASHINGTON DC PRIORITY RUEHVEN/USMISSION USOSCE PRIORITY 1012 RHMFISS/CDR USEUCOM VAIHINGEN GE PRIORITY RUEKJCS/SECDEF WASHDC PRIORITY
UNCLAS BAKU 000637
SENSITIVE
SIPDIS
FOR EUR/CARC; DRL
E.O. 12958: N/A
TAGS: PREL PGOV PHUM AJ
SUBJECT: AZERBAIJANI JOURNALIST AGIL KHALIL FORCED TO
ATTEND TRIAL
REF: BAKU 00596
SENSITIVE BUT UNCLASSIFIED; NOT FOR INTERNET DISTRIBUTION
UNCLAS BAKU 000637
SENSITIVE
SIPDIS
FOR EUR/CARC; DRL
E.O. 12958: N/A
TAGS: PREL PGOV PHUM AJ
SUBJECT: AZERBAIJANI JOURNALIST AGIL KHALIL FORCED TO
ATTEND TRIAL
REF: BAKU 00596
SENSITIVE BUT UNCLASSIFIED; NOT FOR INTERNET DISTRIBUTION
1. (SBU) The Azerbaijani judiciary moved forward with its
effort to force opposition journalist Agil Khalil to testify
at the trial of Sergey Strekhalin. (Per reftel, the
Prosecutor General's office maintains that Strekhalin stabbed
Khalil in a homosexual lovers' quarrel. Khalil denies that
Strekhalin assaulted him.) On July 1, a Baku municipal court
(Nasimi district) held another session of the Stekhalin
trial, and Khalil was not present. Presiding judge Shahin
Abdullayev ruled to resume the trial on July 3, ordering that
the Nasimi District police would be responsible for ensuring
Khalil's appearance at the trial.
2. (SBU) Khalil was not present at the opening of the trial
on July 3, and Judge Abdullayev ordered the police to bring
Khalil to the court. Approximately 75 minutes later, the
trial resumed with Khalil being escorted into the courtroom
by Ministry of Justice officials. Khalil refused to speak
until his lawyer -- Elchin Sadikhov -- arrived. (Sadikhov
was present at the opening of the trial, but had to go to the
Supreme Court for a separate case while the police were
bringing Khalil to the Nasimi district court. Sadikhov, who
handles many human rights cases, privately told us he
believes the GOAJ intentionally is scheduling several trials
during a similar time frame to make his job more difficult.)
3. (SBU) Sadikhov raised several motions, arguing that the
GOAJ had inadequate grounds for its criminal proceedings
against Stekhalin. Sadikhov argued that Khalil's denial that
Strekhalin had attacked him obviated Strekhalin's admission
and removed any basis for the criminal investigation, given.
Sadikhov noted that the court unfairly accepted Strekhalin's
testimony as true, while regarding Khalil's statements to
court investigators as contradictory. The judge denied this
motion, and Sadikhov countered with a separate motion to
terminate the case and begin a new criminal investigation.
The judge took a recess to deliberate, at which point most of
the trial monitors had to leave. At one point, Sadikhov
jousted with Strekhalin's defense lawyer, observing that
Sadikhov is arguing on behalf Strekhalin and Strekhalin's
lawyer should appreciate this service. Strekhalin blurted
out that this is not Elchin's
business and he should attend to his own affairs.
4. (SBU) Trial monitors from the OSCE, Norwegian Embassy,
and the EU Commission were present. We will continue to
monitor the case.
DERSE
SENSITIVE
SIPDIS
FOR EUR/CARC; DRL
E.O. 12958: N/A
TAGS: PREL PGOV PHUM AJ
SUBJECT: AZERBAIJANI JOURNALIST AGIL KHALIL FORCED TO
ATTEND TRIAL
REF: BAKU 00596
SENSITIVE BUT UNCLASSIFIED; NOT FOR INTERNET DISTRIBUTION
1. (SBU) The Azerbaijani judiciary moved forward with its
effort to force opposition journalist Agil Khalil to testify
at the trial of Sergey Strekhalin. (Per reftel, the
Prosecutor General's office maintains that Strekhalin stabbed
Khalil in a homosexual lovers' quarrel. Khalil denies that
Strekhalin assaulted him.) On July 1, a Baku municipal court
(Nasimi district) held another session of the Stekhalin
trial, and Khalil was not present. Presiding judge Shahin
Abdullayev ruled to resume the trial on July 3, ordering that
the Nasimi District police would be responsible for ensuring
Khalil's appearance at the trial.
2. (SBU) Khalil was not present at the opening of the trial
on July 3, and Judge Abdullayev ordered the police to bring
Khalil to the court. Approximately 75 minutes later, the
trial resumed with Khalil being escorted into the courtroom
by Ministry of Justice officials. Khalil refused to speak
until his lawyer -- Elchin Sadikhov -- arrived. (Sadikhov
was present at the opening of the trial, but had to go to the
Supreme Court for a separate case while the police were
bringing Khalil to the Nasimi district court. Sadikhov, who
handles many human rights cases, privately told us he
believes the GOAJ intentionally is scheduling several trials
during a similar time frame to make his job more difficult.)
3. (SBU) Sadikhov raised several motions, arguing that the
GOAJ had inadequate grounds for its criminal proceedings
against Stekhalin. Sadikhov argued that Khalil's denial that
Strekhalin had attacked him obviated Strekhalin's admission
and removed any basis for the criminal investigation, given.
Sadikhov noted that the court unfairly accepted Strekhalin's
testimony as true, while regarding Khalil's statements to
court investigators as contradictory. The judge denied this
motion, and Sadikhov countered with a separate motion to
terminate the case and begin a new criminal investigation.
The judge took a recess to deliberate, at which point most of
the trial monitors had to leave. At one point, Sadikhov
jousted with Strekhalin's defense lawyer, observing that
Sadikhov is arguing on behalf Strekhalin and Strekhalin's
lawyer should appreciate this service. Strekhalin blurted
out that this is not Elchin's
business and he should attend to his own affairs.
4. (SBU) Trial monitors from the OSCE, Norwegian Embassy,
and the EU Commission were present. We will continue to
monitor the case.
DERSE