06MOSCOW8334, GOR INTENDS TO EXTRADITE IVANOVO 13 TO UZBEKISTAN

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Reference ID Created Released Classification Origin
06MOSCOW8334 2006-08-04 13:13 2011-08-30 01:44 CONFIDENTIAL Embassy Moscow

VZCZCXRO0751
RR RUEHDBU
DE RUEHMO #8334/01 2161313
ZNY CCCCC ZZH
R 041313Z AUG 06
FM AMEMBASSY MOSCOW
TO RUEHC/SECSTATE WASHDC 9958
INFO RUCNCIS/CIS COLLECTIVE
RUEHXD/MOSCOW POLITICAL COLLECTIVE
RUEHGV/USMISSION GENEVA 4877

C O N F I D E N T I A L SECTION 01 OF 02 MOSCOW 008334 
 
SIPDIS 
 
SIPDIS 
 
E.O. 12958: DECL: 08/04/2016 
TAGS: PREF PHUM PREL RS
SUBJECT: GOR INTENDS TO EXTRADITE IVANOVO 13 TO UZBEKISTAN 
 
REF: A. STATE 41999 
 
     B. MOSCOW 2761 
 
Classified By: A/POL Colin Cleary.  Reasons 1.4 (b and d) 
 
1.  (C) SUMMARY:  The GOR has announced it intends to 
extradite 13 men detained at Uzbekistan's request for alleged 
involvement in the events in Andijon.  UNHCR and human rights 
NGOs have told us that the men have further legal appeals 
available, but they are pessimistic there will be any 
reversal of the procuracy's decision.  UNHCR is working with 
the detainees' lawyer to prepare appeals to the European 
Court of Human Rights (ECHR) to block the extradition once 
their appeals in Russia are exhausted.  We see little hope 
that the GOR's course will be reversed without ECHR 
intervention because of Russia's overriding interest in 
improving bilateral relations with Uzbekistan.  Nevertheless, 
there are some in the GOR who recognize the potential damage 
to Russia's international reputation, and we will reach out 
to them.  END SUMMARY. 
. 
TIME IS RUNNING OUT 
------------------- 
 
2.  (U) On August 3, the Office of the Prosecutor General 
announced on its website that 13 men detained by the GOR in 
Ivanovo last year would be extradited to Uzbekistan.  The 
Government of Uzbekistan had issued warrants for their arrest 
in connection with crimes committed during the uprising in 
Andijon in May 2005.  The Procuracy noted that the GOR had 
obtained guarantees that the Uzbek Government would not seek 
the death penalty for them.  It also underscored that the 
decision was made strictly on the facts of the case, not for 
any political reasons, and that Uzbek authorities had further 
promised the detainees would be given all protections 
accorded by international norms and Uzbek law. They would not 
subjected to torture, violence or any other cruel and 
degrading treatment.  (NOTE:  The detainees are all ethnic 
Uzbeks, and 12 of them are citizens of Uzbekistan, while the 
remaining one is a citizen of Kyrgyzstan.  UNHCR has 
recognized the 12 as refugees, while the Kyrgyz Embassy in 
Moscow has responsibility for protection of its citizen.  END 
NOTE). 
 
3.  (C) UNHCR Senior Protection Officer Gang Li and human 
rights activists told us separately that the GOR has already 
unofficially notified 10 of the 13 men that they will be 
extradited.  Li expected that all 13 would be officially 
informed  within the next several days.  All 13 have been 
denied refugee status by the GOR, and Li said their legal 
options are running out.  Following official notification of 
the extradition order, they will have 10 days to appeal the 
decision to the local court in Ivanovo and then can appeal 
the lower court decision to the Russian Supreme Court.  There 
was also a potential for them to file a separate request to 
the GOR for temporary asylum.  Li said he did not think that 
their extradition was imminent.  The appeals could play out 
in as little as a few weeks, or they could drag on for more 
than a year, depending on what the GOR chose to do. 
. 
COURT OF LAST RESORT 
-------------------- 
 
4.  (C) Failing any decision by Russian courts to block their 
extradition, Li said UNHCR was working with the men's lawyer 
and the human rights NGO Memorial to seek an emergency 
injunction from the ECHR to block the extradition.  UNHCR 
would be working with Memorial to add more lawyers to their 
defense to ensure that appeals to the ECHR were ready when 
needed, Li said.  UNHCR in Moscow has already noted its 
concerns about the procuracy's decision to the MFA, and he 
expected UNHCR headquarters would also raise it with the 
Russians in Geneva. 
 
5. (C) Yelena Ryabinina of the human rights NGO Civic 
Assistance told us that the Uzbek charges were obviously 
false, but the Russian prosecutors had accepted them without 
question.  She said the procuracy's decision was politically 
motivated, and the GOR was acting in the interest of 
improving its relationship with Uzbekistan.  She had little 
hope the Russian courts would block the extradition, and the 
ECHR would be the detainees' only hope. 
. 
COMMENT 
------- 
 
6.  (C) Our options are limited.  We concur with our 
interlocutors that there is a slight chance at best that a 
Russian court will overturn the procuracy's decision.  The 
GOR apparently has already factored in the international 
community's reaction.  The procuracy's reference to the 
 
MOSCOW 00008334  002 OF 002 
 
 
"guarantees" of humane treatment offered by the Uzbek 
Government is likely an effort to pre-empt any criticism, 
although it must know that these guarantees are hardly 
credible.  Nevertheless, there are some in the GOR who 
recognize that sending the men to Uzbekisan will hurt 
Russia's international reputation, and we will follow up with 
the MFA and the Office of Human Rights Ombudsman Vladimir 
Lukhin to make them aware of our concerns. 
RUSSELL

Wikileaks

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