VZCZCXRO7653
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DE RUEHAH #1656/01 3660751
ZNR UUUUU ZZH
P 310751Z DEC 08
FM AMEMBASSY ASHGABAT
TO RUEHC/SECSTATE WASHDC 2048
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RUEHIT/AMCONSUL ISTANBUL 2872
RUEKJCS/SECDEF WASHDC

UNCLAS SECTION 01 OF 02 ASHGABAT 001656 
 
SENSITIVE 
 
SIPDIS 
 
STATE FOR SCA/CEN; DRL 
 
E.O. 12958: N/A 
TAGS: PHUM PGOV KDEM TX
SUBJECT:  UN INTERVENTION ON HUMAN RIGHTS CASE PROMPTS POSITIVE 
TURKMEN GOVERNMENT ACTION 
 
REF: ASHGABAT 1472 
 
¶1.  (U) Sensitive but unclassified.  Not for public Internet. 
 
¶2.  (SBU) SUMMARY:  Ayjemal Berdiyeva, a Niyazov era torture victim, 
recently informed post that she received a letter from a UN agency 
in Geneva, presumably the UN High Commissioner for Human Rights 
(UNHCHR), that obliges the Government of Turkmenistan to provide her 
with medical care, and to provide restitution and compensation for 
the losses her family have suffered.  Berdiyeva was also visited by 
Turkmenistan's Prosecutor General, who promised to comply with the 
obligations in the letter.  If the Turkmen authorities keep their 
promises to the Berdiyevs, it would be a positive development for 
the family and an indication that the Turkmen government can be 
responsive to UN decisions involving its international human rights 
obligations.  END SUMMARY. 
 
LETTER FROM THE UN BEARS GOOD NEWS 
 
¶2.  (SBU) On December 29, Embassy Political Assistant had a phone 
conversation with Ayjemal Berdiyeva, a torture victim and the wife 
of Bazartgeldi Berdiyev, an entrepreneur who was jailed in late 1998 
and pardoned in 1999 (reftel).  Berdiyeva said that around December 
20 she received a letter from a UN office in Geneva.  (NOTE: The UN 
office is presumably the UNHCHR.  The local UNDP representative had 
earlier directed post to contact the UNHCHR about the Berdiyev's 
case.  END NOTE.)  According to Berdiyeva, the letter obliges the 
Turkmenistan government to provide her with medical assistance, to 
return the family's belongings and to compensate the couple for 
damages they had suffered.  She said that a similar letter had been 
sent to the President of Turkmenistan. 
 
VISIT OF PROSECUTOR GENERAL 
 
¶3.  (SBU) Before Berdiyeva received the UN letter, she received a 
phone call from Chary Hojamuradov, Prosecutor General of 
Turkmenistan, who told her that upon the President's instruction she 
would receive medical care from the State.  Later, Hojamuradov 
visited Berdiyeva to see how she was doing.  Seeing that she was 
disabled, he reportedly promised that she will get medical treatment 
at her choice of facility anywhere in the world.  Berdiyeva is 
optimistic and looking forward to receiving assistance from the 
State.  She said her lawyer told her that 11 other citizens of 
Turkmenistan received similar letters obliging Turkmenistan to 
render assistance to them.  When Berdiyeva applied to the UN Office 
in Kyrgyzstan in early 2008, the officer who received her petition 
had told her that there were numerous human rights petitions from 
Turkmenistan's citizens. 
 
CHANGED ATTITUDE 
 
¶4.  (SBU) Berdiyeva also mentioned that Shirin Ahmedova, Director of 
the State Institute for Democracy and Human Rights, who previously 
was unwilling to talk to Berdiyeva, now talks to her very politely. 
Berdiyeva attributed the change in Ahmedova's tone to the UN letter 
and/or instructions from President Berdimuhamedov to assist the 
family. 
 
FORCED APOLOGIES 
 
¶5.  (SBU) Gurbanguly Saparov, the man who defamed the Berdiyevs and 
initiated the criminal prosecution against them, called Berdiyeva 
and tried to apologize for the suffering he had caused her family. 
Berdiyeva told him that she did not want to hear from him.  Saparov 
reportedly begged her to forgive him according to the Turkmen 
tradition of "towella" (settling a conflict between opposing parties 
by peaceful means involving a mullah (cleric) or elders as 
mediators).  As a person who respects tradition, Berdiyeva said she 
did not reject his offer to apologize.  She finds Saparov's sudden 
desire to be forgiven as an indication that he was pushed by 
authorities due to the UN letter. 
 
ASHGABAT 00001656  002 OF 002 
 
 
 
¶8.  (SBU) COMMENT:  If the Turkmen authorities follow through, it 
would be a positive development for the family and an indication 
that the Turkmen Government can be responsive to UN decisions 
involving its international human rights obligations.  Given the 
fact that President Berdimuhamedov is involved and high-level 
officials already have contacted Ms. Berdiyeva, it is more than 
likely they will follow through.  In addition, the Turkmenistan 
government views the UN as its preferred partner and takes great 
pride in the fact that the UN granted the country official neutral 
status.  Perhaps the key for finding resolution for some human 
rights cases is to go through the UNHCHR.  END COMMENT 
 
MILES