Identifier
Created
Classification
Origin
08BAKU682
2008-07-16 13:19:00
CONFIDENTIAL
Embassy Baku
Cable title:  

AZERBAIJAN: JUDICIAL PRESSURE AGAINST AGIL KHALIL

Tags:  PREL PGOV PHUM AJ 
pdf how-to read a cable
VZCZCXYZ0002
PP RUEHWEB

DE RUEHKB #0682 1981319
ZNY CCCCC ZZH
P 161319Z JUL 08
FM AMEMBASSY BAKU
TO RUEHC/SECSTATE WASHDC PRIORITY 5714
INFO RUCNCIS/CIS COLLECTIVE PRIORITY
RUEHAK/AMEMBASSY ANKARA PRIORITY 2927
RUEAIIA/CIA WASHINGTON DC PRIORITY
RUEHVEN/USMISSION USOSCE PRIORITY 1037
C O N F I D E N T I A L BAKU 000682 

SIPDIS

FOR EUR/CARC

E.O. 12958: DECL: 07/16/2018
TAGS: PREL PGOV PHUM AJ
SUBJECT: AZERBAIJAN: JUDICIAL PRESSURE AGAINST AGIL KHALIL
GROWING

REF: A. BAKU 00629

B. BAKU 00481

Classified By: Ambassador Anne E. Derse for reasons 1.4 (b) and (d).

C O N F I D E N T I A L BAKU 000682

SIPDIS

FOR EUR/CARC

E.O. 12958: DECL: 07/16/2018
TAGS: PREL PGOV PHUM AJ
SUBJECT: AZERBAIJAN: JUDICIAL PRESSURE AGAINST AGIL KHALIL
GROWING

REF: A. BAKU 00629

B. BAKU 00481

Classified By: Ambassador Anne E. Derse for reasons 1.4 (b) and (d).


1. (C) Summary: In an expected outcome, a Baku court found
Sergey Strekhalin guilty of attacking opposition Azadliq
newspaper correspondent Agil Khalil on March 13 and sentenced
him to 18 months imprisonment. The proceedings, which
Western observers agree resembled a show trial, were peppered
with claims that Khalil was a homosexual. Khalil denied that
Strekhalin attacked him during the trial. Khalil and his
lawyer, Elchin Sadikhov, told us the GOAJ probably aims to
drag out a variety of legal proceedings involving Khalil in
order to prevent him from leaving Azerbaijan. They also
claim that the GOAJ, particularly the Ministry of National
Security, is focused on deflecting public attention from the
February 22 attack against Khalil. End Summary.


2. (C) On June 15, Baku's Nasimi district court found
defendant Sergey Strekhalin guilty on charges of attacking
opposition Azadliq newspaper correspondent Agil Khalil and
possessing narcotics. Judge Shahin Abdullayev sentenced
Strekhalin to 18 months imprisonment. Strekhalin's lawyer
has pledged to appeal the case, requesting that Strekhalin
serve no prison term because he does not have a prior
criminal record. The Strekhalin trial has focused on the
prosecution's charge that Strekhalin and Khalil were
homosexual lovers and that Strekhalin stabbed Khalil on March
13 after an argument. Throughout the trial, the prosecutor
repeatedly raised the theme of Khalil's homosexual
orientation. Azerbaijani authorities -- including
Presidential Advisor Ali Hasanov -- have maintained that
Khalil is not permitted to leave Azerbaijan because he is a
mandatory witness in the Strekhalin trial.


3. (C) Additionally, on June 10 or 11, "Daily Baku"
newspaper editor Adil Huseynli filed a lawsuit against
Khalil, charging Khalil with personally insulting Huseynli
and the newspaper's co-editor. ("Daily Baku" previously was
considered an opposition-oriented newspaper.) Khalil's
lawyer, Elchin Sadikhov, told us it is still unclear whether
Baku's Yasamal district court has accepted the lawsuit, as
the court has not yet notified Sadikhov. Khalil and Sadikhov
told us, however, that the GOAJ seeks to draw out a variety
of legal proceedings involving Khalil in order to prevent him
from leaving Azerbaijan. They said the GOAJ probably fears
that if Khalil is allowed to leave the country, there could
be increased international scrutiny of Azerbaijan's media
freedom problems.


4. (C) Per ref A, the Embassy has identified Khalil as a
candidate for the U.S. Resettlement Program as a Priority One
referral, based on Khalil's claims that he is being pressured
by GOAJ elements to drop his criminal complaint against two
individuals he claims attacked him on February 22. (Khalil
claims these two individuals are linked to the Ministry of
National Security (MNS). Per ref B, MNS chief Mahmudov told
the Ambassador on May 22 that MNS employee Akif Chovdarov --
one of the two individuals identified by Khalil -- is linked
to the February 22 case.) The prosecutor general's office
closed Khalil's criminal case against the two individuals,
citing the lack of sufficient evidence, but Khalil is
appealing this ruling. PRM has authorized processing of
Khalil, with DHS/USCIS to make the final determination based
on a personal interview. While Khalil initially was
concerned about his personal safety, the Ministry of Internal
Affairs did provide him with two personal bodyguards, and he
told us on July 14 that he feels less concerned about his
safety.


5. (C) Comment: We are concerned by Khalil and Sadikhov's
belief that the GOAJ may be intentionally dragging out
juridical proceedings involving Khalil to prevent him from
leaving the country. Western observers at the Strekhalin
trial also agree that the proceedings resembled a show trial,
with Strekhalin's lawyer being unwilling to take advantage of
Khalil and Sadikhov's testimony that Strekhalin was not
guilty. Khalil and Sadikhov also told us
the GOAJ, particularly the MNS, is focused on deflecting
public attention from the February 22 attack against Khalil.
Septel will provide our analysis of the broader implications
of this case.
DERSE