VZCZCXRO3137
RR RUEHAST RUEHBI RUEHCI RUEHDBU RUEHIK RUEHLH RUEHLN RUEHNEH RUEHPOD
RUEHPW RUEHSK RUEHSL RUEHVK RUEHYG
DE RUEHNT #1481/01 2540831
ZNR UUUUU ZZH
R 110830Z SEP 09
FM AMEMBASSY TASHKENT
TO RUEHC/SECSTATE WASHDC 1310
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 0022
RUEAIIA/CIA WASHINGTON DC
RUEHGV/USMISSION GENEVA 0215
RUEKJCS/SECDEF WASHINGTON DC

UNCLAS SECTION 01 OF 02 TASHKENT 001481 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PHUM PGOV KPAO UZ
SUBJECT: Uzbekistan: Update on Trial of Journalist Dilmurod Sayid 
 
REF: REF A: TASHKENT 1437; REF B: TASHKENT 915; REF C: TASHKENT 1479 
REF C: TASHKENT 279; REF D. TASHKENT 217 
 
¶1.       (U) Summary:  The Samarkand Regional Criminal Court 
commenced a hearing for journalist Dilmurod Sayid (aka Sayyidov) in 
Samarkand Province on Tuesday, September 8, 2009, to consider his 
harsh prison sentence and various procedural irregularities during 
his trial.  Midway through the hearing, arguments erupted between 
the judge and defense attorneys, and the attorneys walked out of 
the courtroom in protest.  Poloff attempted to attend the hearing, 
but was denied access.  End summary. 
 
 
 
The Case 
 
----------- 
 
 
 
¶2.       (U) Despite witnesses recanting their statements against 
him, journalist Dilmurod Sayid was convicted on June 30 and 
sentenced to 12 and a half years in prison on charges of extortion 
and bribery.  (See Ref A.)  Three others were also sentenced for 
their participation in the dealings.  At the appellate hearing, 
only three of the four defendants were present.  When defense 
attorneys asked about the fourth defendant, Turi Ergashev, they 
were told that he had signed a full confession, and therefore did 
not need to be present for the appeal.  Sayid's attorney Ruhiddin 
Komilov protested vehemently on the basis that Ergashev is 
illiterate, and should have been present so the court could ensure 
that he knew what he was signing. 
 
 
 
¶3.       (SBU) Komilov and Abdurahmon Tashanov, a human rights 
activist and journalist who also assisted in Sayid's defense, told 
poloff that they tried to argue several motions to the three-judge 
panel, but the Court refused to hear the arguments.  When the lead 
judge started reading the decision in the case without a full 
consideration of the motions, the defense attorneys for Sayid and 
the other defendants protested and walked out, effectively ending 
the session.  (Note: One press report today states that the Court 
decided to summon Ergashev to attend the trial, which will continue 
today, but that information has not been confirmed.) 
 
 
 
¶4.       (SBU) Lawyer Komilov and Advocate Tashanov indicated they 
have little reason to believe that their motions to overturn this 
conviction will be successful.  They are preserving the record, 
however, and if their efforts are not successful at this level, 
they will appeal to the Supreme Court and then to the UN Committee 
on Human Rights. 
 
 
 
Access Denied 
 
------------------ 
 
 
 
¶5.       (SBU) Poloff and LES assistant attempted to attend the 
hearing, which was supposed to be open to the public.  After 
presenting identification and proof of accreditation at the 
entrance to the court, a two-hour delay ensued, which was likely 
due at least in part to our presence.  When the hearing finally 
began, we entered the courtroom, but the lead judge immediately 
asked who we were and informed us that we should have filed a 
request to participate through the Supreme Court and the MFA - 
something that has not been required in the past.  Defense attorney 
Komilov requested that LES assistant be allowed to remain in her 
capacity as an Uzbek citizen, but the Court denied this request. 
 
TASHKENT 00001481  002 OF 002 
 
 
¶6.       (SBU) Outside the court building, between 40 and 50 people 
- mostly friends and family of Sayid - waited to hear the decision 
of the court.  Sayid's eighty-six year old mother, a former 
prosecutor herself, exited the courtroom sobbing at one point, 
exclaiming that she knew how justice was supposed to work, and that 
this certainly wasn't it.   Sayid's wife, Barno Jumanova, was also 
distraught.  She showed us a book she has put together with Sayid's 
more controversial writings, as well as court documents from the 
case.  She told us how she believes that the judge at the initial 
hearing believed Sayid was not guilty, but that the decision was 
out of his hands.  Both women are concerned about Sayid's health, 
as he appears to have lost weight while in detention, and he has 
not been receiving medication needed to treat his tuberculosis. 
 
 
 
Comment 
 
------------- 
 
¶7.       (SBU)  Post reported early this spring that there was some 
hope that Sayid would be released based on the weakness of the 
evidence presented at trial.  (See Ref B.)  At this point, however, 
there is little reason to hope that the conviction will be 
overturned.  The fact that the lead judge on the case began reading 
the decision even before the motions had been fully discussed is a 
telling sign that the case has already been decided.  International 
pressure continues, however; for example, last week the OSCE issued 
a statement requesting the GOU to review the decision, and our 
presence at this hearing was quickly picked up by the internet 
press.  It's possible that this kind of attention could result in a 
lighter sentence on appeal.  Sayid may also be eligible for amnesty 
under the recently released amnesty decree (see Ref C), although 
there are many subjective factors that would also exclude him from 
that process.  At this point, his situation seems dire. 
NORLAND