UZBEKISTAN: UPDATE ON TRIAL OF JOURNALIST DILMUROD SAYYIDOV

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E.O. 12958: DECL: 2019/06/05
TAGS: PHUM PGOV UZ
SUBJECT: UZBEKISTAN: UPDATE ON TRIAL OF JOURNALIST DILMUROD SAYYIDOV

REF: TASHKENT 217

CLASSIFIED BY: Timothy P. Buckley, Second Secretary, Department of
State, Political and Economic Section; REASON: 1.4(B),(D)


1. (C) Summary: On June 1, the trial of journalist and Ezgulik
member Dilmurod Sayyidov commenced near Samarkand. Ezgulik
activist Abdurakhmon Tashanov, who is monitoring the trial,
reported that there is some cause for "cautious optimism" after a
motion was approved to include discussion of a pending criminal
case against the accuser and alleged victim of blackmailing,
Asliddin Urinbaev. Meanwhile, Sayyidov's wife told poloff that her
husband is still suffering from tuberculosis but that he is being
well-treated at a new place of interim incarceration in Payluk,
just to the south of Samarkand. Our view is that this case may be
motivated by revenge in a local feud rather than a concerted effort
from the national government to silence Sayyidov. We will continue
to follow this case closely and, while it seems weak, it is rare
for defendants to be acquitted. End summary.



A Key Motion Approved

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2. (C) Tashanov told poloff on June 1 that two motions were
introduced during the first day of Sayyidov's trial in the Taylak
Region of Samarkand Province. First, a motion was introduced to
include discussion about a pending criminal case against his
accuser, Urinbaev. Apparently, Sayyidov published articles
standing up for local farmers that incriminated Urinbaev, who in
his capacity as the head of a farm allegedly stole machinery,
improperly used state-owned land for personal gain, and cheated
farmers out of their profits. Based in part on the investigative
journalism that Sayyidov conducted on the farmers' behalf, a
criminal case was filed against Urinbaev and is now pending.
Tashanov noted that "this start to the trial gives us hope" since
the judge's decision to allow discussion of Urinbaev's case - over
prosecutor Dilmurod Saidkulov's objections - could undermine the
accuser's credibility and establish that he had a strong motive for
revenge in making accusations against Sayyidov. The second motion
to allow videotaping of the proceedings was denied, which did not
seem to surprise or disappoint Tashanov.




3. (C) Tashanov also informed poloff that the accuser, Urinbaev,
allegedly passed USD 15,000 to a certain Marguba Juraeva, who was
arrested with the money. Urinbaev maintained he was blackmailed by
the journalist Sayyidov, who demanded this sum to back down and
stop digging up dirt. Since Juraeva was in possession of the
money, and not Sayyidov, it seems the accusation against him for
blackmailing is difficult to substantiate. Juraeva also, at least
initially, admitted to investigators that Sayyidov was not
connected to the money in question. Nonetheless, the court
proceeded with the arrest warrant against Sayyidov, a decision
which Tashanov said was reviewed and upheld by the appellate panel
of the court. Tashanov also added in an e-mail to poloff on June 1
that testimony by the manager of a taxi stand which supports the
accuser is not credible.



New Place of Detention

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4. (C) Poloff also spoke to Sayyidov's wife, Barno Jumanova, on
June 1 to ask for her impression of the opening stage of the trial.
She said her husband was in a relatively good mood, as "he is
absolutely innocent" and eager for the opportunity to clear his
name and be released. The proceedings lasted only about 45
minutes, she said, and she was pleased by the judge's apparent
objectivity in approving the key motion. Jumanova noted that her

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husband has suffered from tuberculosis for four years and she is
"very concerned" about his increasing symptoms and lack of access
to proper care while incarcerated. She said Sayyidov is no longer
in Kattakurgan but has been transferred for the duration of the
trial to a police station in Payluk, south of Samarkand and close
to the trial site. She is satisfied that the police are treating
her husband well enough and added that "some officers were even
familiar with his writings and work and have been very respectful."




Attorney to Lose License

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5. (C) Sayyidov is being represented in court by Rukhiddin Komilov,
who is a USG program alumni and a prominent defender of human
rights activists. On May 19, an article in Ferghana.ru reported
that he, along with another attorney who has defended activists on
trial, Rustam Tulyaganov, failed the new mandatory bar exam
established by the Government of Uzbekistan. Poloff confirmed this
in a June 4 meeting with Komilov, who is presently appealing the
decision but believes he has "zero chance" he will be reinstated or
offered a retest. He expects a decision by July 1, after which
time he will technically not be allowed to act as Sayyidov's
counsel because he will lack a license; however, new rules
prohibiting non-accredited lawyers from participating in courtroom
proceedings will be introduced gradually, and both Komilov and our
LES Legal Analyst believe he will be able to see Sayyidov's case to
completion. The next hearing will be June 4, which is a
surprisingly quick pace for a trial here, but Komilov predicted "it
will go on for a long time." He was also less optimistic than
Tashanov that the accepted motion to introduce material about the
accuser will have a significant impact on the trial.



Comment:

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6. (C) The case against Sayyidov for extortion appears weak, with
shaky evidence and an accuser - himself in legal trouble - who may
have a vested interest in seeking revenge. We believe that this
case is rooted in local feuding rather than a concerted effort by
authorities in Tashkent to frame Sayyidov or punish him for his
writing, especially since he seemed to focus on local farmers'
grievances against a possibly corrupt farm manager rather than
attack the regime. If the accuser Urinbaev was particularly
well-connected he would not be facing charges himself, although we
do not know whether he is in a pre-trial detention like Sayyidov.
We will continue to watch this case carefully, but if history is a
guide Sayyidov will probably be found guilty.
NORLAND