Identifier
Created
Classification
Origin
10TASHKENT103
2010-02-26 13:09:00
CONFIDENTIAL
Embassy Tashkent
Cable title:  

Uzbekistan: HIV/AIDS Activist Sentenced to Seven Years in

Tags:  PREL PHUM ELAB PGOV AID UZ 
pdf how-to read a cable
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DE RUEHNT #0103/01 0571309
ZNY CCCCC ZZH
R 261309Z FEB 10
FM AMEMBASSY TASHKENT
TO RUEHC/SECSTATE WASHDC 1951
INFO ALL SOUTH AND CENTRAL ASIA COLLECTIVE
CIS COLLECTIVE
NATO EU COLLECTIVE
RHEFDIA/DIA WASHINGTON DC
RHEHAAA/NATIONAL SECURITY COUNCIL WASHINGTON DC
RUCNDT/USMISSION USUN NEW YORK 0117
RUEAIIA/CIA WASHINGTON DC
RUEHGV/USMISSION GENEVA
RUEKJCS/SECDEF WASHINGTON DC
C O N F I D E N T I A L SECTION 01 OF 02 TASHKENT 000103 

SENSITIVE
SIPDIS
AMEMBASSY ASTANA PASS TO AMCONSUL ALMATY
AMEMBASSY MOSCOW PASS TO AMCONSUL VLADIVOSTOK
AMEMBASSY MOSCOW PASS TO AMCONSUL YEKATERINBURG
AMEMBASSY HELSINKI PASS TO AMCONSUL ST PETERSBURG
AMEMBASSY ATHENS PASS TO AMCONSUL THESSALONIKI
AMEMBASSY BELGRADE PASS TO AMEMBASSY PODGORICA

E.O. 12958: DECL: 2020/02/26
TAGS: PREL PHUM ELAB PGOV AID UZ
SUBJECT: Uzbekistan: HIV/AIDS Activist Sentenced to Seven Years in
Prison

CLASSIFIED BY: Holly Lindquist Thomas, P/E Officer, Tashkent; REASON:
1.4(B),(D)

C O N F I D E N T I A L SECTION 01 OF 02 TASHKENT 000103

SENSITIVE
SIPDIS
AMEMBASSY ASTANA PASS TO AMCONSUL ALMATY
AMEMBASSY MOSCOW PASS TO AMCONSUL VLADIVOSTOK
AMEMBASSY MOSCOW PASS TO AMCONSUL YEKATERINBURG
AMEMBASSY HELSINKI PASS TO AMCONSUL ST PETERSBURG
AMEMBASSY ATHENS PASS TO AMCONSUL THESSALONIKI
AMEMBASSY BELGRADE PASS TO AMEMBASSY PODGORICA

E.O. 12958: DECL: 2020/02/26
TAGS: PREL PHUM ELAB PGOV AID UZ
SUBJECT: Uzbekistan: HIV/AIDS Activist Sentenced to Seven Years in
Prison

CLASSIFIED BY: Holly Lindquist Thomas, P/E Officer, Tashkent; REASON:
1.4(B),(D)


1. (SBU) Summary: It is emerging that a Tashkent Criminal
Court last year sentenced Maksim Popov, a psychologist and HIV/AIDS
activist, to seven years in prison on charges related to an
HIV/AIDS prevention booklet that his NGO distributed, as well as
financial improprieties related to grant funding he received. The
booklet in question included explicit language about proper condom
usage and warned against the dangers of needle-sharing among drug
users. Initially held in a facility in the central Uzbekistan city
of Navoi, he has reportedly been transferred to a general prison
colony in Tashkent to serve out his sentence. End summary.




2. (SBU) Authorities arrested Popov in January 2009 and in
September found him guilty of "involving minors in antisocial
behavior" and "involving people in using drugs or psychotropic
substances," (Art. 127 and 274 of the Uzbek Criminal Code). The
Court reportedly burned the ten copies of the book it had
confiscated. Popov was also found guilty of embezzlement (Art.
167),concealment of foreign currency (Art. 178),and tax evasion
(Art. 184). The Court sentenced him in September 2009, but the
sentence was not announced publicly until February 22.




3. (SBU) The court's decision in the case states that the
Central Asia office of Population Services International (PSI)
developed and published the booklet in Almaty, then supplied 200
copies to Popov's NGO ("Izis") for distribution. (Note: According
to USAID sources, PSI did not develop the booklet, rather it was
photocopied from a Kyrgyz NGO that developed it independently.) An
Ozodlik (RFE/RL) report on Popov's sentencing includes long quotes

from the booklet in question that detail very explicitly the proper
way to put on and use a condom. The booklet also reportedly warned
against the dangers of needle-sharing among drug users. The court
stated that the booklet contradicted the "national traditions of
the people" and amounted to pornography. According to the verdict,
Popov's NGO distributed the booklet to anti-AIDS centers in
Tashkent and the Ferghana Valley cities of Margilan, Kuva, and
Kokand. Regarding the financial charges, the verdict states that
Popov mishandled grant funding, failing to put the funding in a
bank account (required by law) and using it for his own personal
purposes.




4. (SBU) Popov, only 28 years old, has been an active force
in the area of HIV/AIDS prevention, starting his NGO with young
medical and mental health workers and received funding from several
international donors, including USAID, for work on such things as
counseling services, AIDS hotlines, and anti-drug education for
youth. (Note: USAID has not funded his organization for about
two years, and did not fund the pamphlet in question.) A Facebook
page has been set up in his support, and it makes no mention of the
booklets in question. It states that Popov was convicted of
"improper use of needles" and fiscal impropriety. The page blames
the Uzbek government for the financial charges, noting that
officials frequently harass NGOs with accusations of tax evasion
and violating restrictions on access to foreign funds.



Comment

--------------




5. (C) Information on this case is only just now coming out.
Little is known about the details beyond what is stated in the
verdict, and indeed the court decision was under the radar of most
Uzbekistan-watchers until the Open Society Institute got a hold of

TASHKENT 00000103 002 OF 002


it and alerted journalists. Ozodlik's extensive quotations from
the booklet suggest that the journalist has seen it directly, but
Ozodlik reported the name of the booklet as "HIV & AIDS Today,"
whereas Open Society tells us that the book was titled "Healthy Way
of Life: Guidance for Teachers in the 21st Century." PSI closed
its Uzbekistan operations in 2008, and so far its Central Asia
regional office, located in Almaty, has been unavailable for
comment. Officials at UNICEF, which has funded Popov's projects in
the past, were not following the case, and UNODC knew nothing about
it, although an unnamed staff person was quoted on an internet news
site as saying that the brochure did not promote drugs, but on the
contrary, helped addicts avoid mistakes while using needles.




6. (C) USAID staff speculate that a new committee under the
Cabinet of Ministers responsible for screening publications on
population and health issues may have been responsible for
initiating the criminal investigation of the booklet. (Rumor has
it that the committee is even reviewing older, previously permitted
publications.) It is not unreasonable to believe that some
official or committee found that the booklet in question was not in
line with "Uzbek values," and should not be available to the
public. This notion of Uzbek values, alluded to in the verdict as
"national traditions," seems increasingly the basis for charges
challenging freedom of expression, such as in the case of
photographer Umida Akhmedova. As for the financial charges, it is
difficult to know whether they are based in fact, but the Facebook
page was correct in saying that this type of accusation is used
frequently as a basis for harassment and intimidation of NGOs.
Whatever the details, a seven year prison sentence is severe and
seems to portend the start of a potentially ominous trend. End
comment.



NORLAND
NORLAND