VZCZCXYZ0006
PP RUEHWEB

DE RUEHC #8496 2980940
ZNR UUUUU ZZH
P 242125Z OCT 07
FM SECSTATE WASHDC
TO RUEHKB/AMEMBASSY BAKU PRIORITY 5363
INFO RUEHVEN/USMISSION USOSCE PRIORITY 5026

UNCLAS STATE 148496 
 
SIPDIS 
 
SENSITIVE 
 
SIPDIS 
 
C O R R E C T E D  C O P Y (SENSITIVE CAPTION ADDED) 
 
E.O. 12958: N/A 
TAGS: PGOV PREL PHUM KCOR KPAO AJ
SUBJECT: RESPONSE TO REQUEST FOR PRESS GUIDANCE ON THE 
VERDICT IN THE FARHAD ALIYEV CASE 
 
REF: A) BAKU 1275 B)STATE 65602 
 
¶1. (U) 1.  The Department has reviewed Post's suggested Press 
guidance (ref a), and provides the following approved 
guidance if Post is asked for comment on the verdict in the 
Farhad Aliyev trial. 
 
¶2. (SBU)  As the trial of former Minister of Economic 
Development Farhad Aliyev wraps up (ref a), the need for 
press guidance on his case has resurfaced.  The Prosecutor 
has asked that Aliyev be sentenced to 11 years in prison on 
charges of misappropriation, embezzlement, illegal 
entrepreneurship, smuggling, tax evasion, abuse of power, 
accepting bribery, and forgery.  A verdict is expected 
imminently.  Due to the high level of international attention 
on this case, we expect the verdict to draw questions from 
the press, both in Baku and in Washington. 
 
Question: Do you have any reaction to the verdict in the 
trial of former Azerbaijani Economic Development Minister 
Farhad Aliyev? 
 
Answer: We are currently studying the verdict and awaiting, 
with interest, OSCE's evaluation of the trial.  We remain 
concerned, however, about the adequacy of due process in this 
case and respect for human rights during Mr. Aliyev's period 
of detention.  Corruption is a cancer on society, a major 
impediment to the rule of law and Azerbaijan's democratic 
development.  ALL officials suspected of corruption should be 
held accountable through a fair, independent and transparent 
judicial process - a process that protects the rights of 
defendants while ensuring that justice is done, free of 
political motivation. 
 
If Pressed: 
 
Question: Was the case against Farhad Aliyev politically 
motivated? Is Farhad Aliyev a political prisoner? 
 
Answer: We note the concerns of human rights activists and 
others that this arrest and prosecution may have been, in 
part, politically motivated. The law enforcement and judicial 
systems should not be used as political tools.  As we have 
said, ALL officials suspected of corruption should be held 
accountable through a fair, independent and transparent 
judicial process - a process that protects the rights of 
defendants while ensuring that justice is done, free of 
political motivation. 
 
¶4. (SBU) Press Guidance Background Note: 
 
Farhad Aliyev was among the most prominent GOAJ officials 
arrested in October 2005 on charges of plotting a coup and 
charges of official corruption shortly before the November 6, 
2005 nationwide parliamentary elections.  Most commentators 
believed the coup plot charges were spurious but agreed that 
Aliyev could be legitimately prosecuted for corruption, while 
noting the systematic nature of 
corruption in Azerbaijan. 
 
The Embassy repeatedly urged the GOAJ to respect Aliyev's and 
all detainees' right to due process and a fair trial 
consistent with Azerbaijan's international commitments. 
Aliyev's lawyers have long complained about the adequacy of 
Aliyev's health care in pretrial detention and the GOAJ's 
refusal to allow his family access to him in the detention 
facility. There has been no evidence to suggest that Aliyev 
was subject to any physical abuse while awaiting trial, and 
some observers believe the GOAJ has 
provided adequate and regular access to medical care for the 
defendant. 
 
Aliyev's trial began on May 15 and ended on (insert date). 
While Embassy officers were eventually allowed to monitor 
trial proceedings, with the exception of the OSCE's trial 
monitoring project staff members, all other international 
observers were refused courtroom access. In addition, 
independent and opposition journalists and some of Aliyev's 
family members were not permitted access to many of the early 
trial sessions. Aliyev's lawyers have noted concerns about 
numerous due process violations 
during the pre-trial period and trial proceedings. Aliyev was 
convicted on a range of charges related to public corruption 
and sentenced to (insert length of sentence). 
RICE