US embassy cable - 04YEREVAN2140

S E C R E T SECTION 01 OF 02 YEREVAN 002140 
 
SIPDIS 
 
NOFORN 
 
E.O. 12958: DECL: 09/28/2014 
TAGS: KNNP, MNUC, PARM, PREL, AM, GG 
SUBJECT: CASE AGAINST URANIUM SMUGGLER IN DANGER OF 
DISMISSAL 
 
Classified By: CDA A.F.Godfrey for reasons 1.4 (b,d) 
 
Summary and Action Request 
-------------------------- 
 
1.  (S/NF) Garik Dadayan was detained on the Georgia - 
Armenia border while attempting to smuggle Highly Enriched 
Uranium (HEU) in June 2003.  Dadayan has been in pre-trial 
detention in Armenia, but his case is now moving to trial. 
Prosecutors and the judge presiding in the case are concerned 
that glaring procedural errors, a broken chain of evidence 
and the inability to bring Georgian witnesses to an Armenian 
court could lead to the dismissal of Dadayan's case.  We 
underscored our intense interest in this case and asked that 
the GOAM take all appropriate steps to ensure that Dadayan is 
not acquitted on a technicality. 
 
2.  (S/NF) USG engagement in this case could be important to 
a successful outcome.  Dadayan's next hearing is scheduled 
for October 18.  The Armenian court is preparing requests to 
the Georgian Ministry of Justice for assistance in ensuring 
witnesses are present.  We may need to underscore to the GOG 
our interest that these requests be honored.  We understand 
the U.S. Department of Energy would be willing to produce a 
detailed analysis of the seized material (which is now in USG 
custody); this would be welcome.  Any assistance we could 
provide in tracing the material to Dadayan would be very 
helpful in securing a guilty verdict.  End Summary and Action 
Request. 
 
Highly Enriched Uranium Seized on the Border 
-------------------------------------------- 
 
3.  (S/NF) Garik Dadayan, an Armenian citizen, was detained 
on June 26, 2003 at the state border between Georgia and 
Armenia.  His detention was the result of cooperation between 
intelligence services.  Dadayan was found to be in possession 
of small amounts of substances which were later determined 
(by the USG) to be highly enriched uranium.  This substance 
was provided to the U.S. Embassy in Tbilisi on August 23, 
2003 in two small packages of powder, one of 95 grams and one 
of 75 grams.  Although Dadayan has been in GOAM custody for 
over a year, his case is only now moving to trial. 
 
4.  (S/NF) Post used the opportunity of a visit from 
Washington of an attorney-adviser to become familiar with the 
current status of the case.  On September 13, DCM met with 
Nuatsakan Sagsian, Deputy Prosecutor General, Vrezh Simonian, 
Senior Prosecutor of the Investigative Department, and Samvel 
Mnatsakanian, the Prosecutor most directly involved in 
preparing the case for trial.  On September 14, we met with 
Judge Suren Lalayan, who is the presiding judge for this case 
in the Yerevan Center Court of the First Instance. 
 
Prosecution's Case in Trouble 
----------------------------- 
 
5.  (S/NF) The Prosecutors stated that the case was in 
serious trouble.  First, there were significant procedural 
errors during the period immediately following Dadayan's 
arrest by the Georgian authorities.  Paperwork about the 
arrest was completed after the fact and away from the place 
of arrest.  The "chain of evidence" had been broken several 
times.  Descriptions of the items seized with Dadayan vary 
significantly in different documents now part of the official 
case file.  Second, prosecutors had not been able to produce 
witnesses to Dadayan's arrest in court; while CIS legal 
cooperation agreements exist, they are rarely complied with. 
Prosecutors doubt that they will be able to compel witnesses 
from Georgia to appear in an Armenian court.  "Dadayan is 
denying everything," they said, and has submitted a motion to 
have the case dismissed. 
 
Help Needed to Produce Georgian Witnesses in Armenian Court 
--------------------------------------------- -------------- 
 
6.  (S/NF) We urged the Prosecutors to redouble their efforts 
to convince witnesses from Georgia to appear in court.  While 
we could guarantee no results, we would be pleased to ask our 
colleagues in Tbilisi to engage with the GOG to encourage 
Georgian witnesses to appear in court.  The Prosecutors 
demurred, saying that the case is now with the court, and the 
prosecutor has no role in the conduct of the case. 
 
Judge Shares Case File 
---------------------- 
 
7.  (S/NF) During the September 14 meeting with the trial 
judge, we found a more cooperative attitude than with the 
prosecutors, but similarly discouraging results.  Judge 
Lalayan described the same set of problems with documentation 
of the arrest, custody of evidence and with securing 
witnesses' presence in court.  Because the USG is not a party 
to the case, Lalayan said that it was unlawful for him to 
provide us with copies of either the case file or Dadayan's 
appeal for dismissal.  He willingly showed us the file, 
however, and allowed us to make notes.  He also read key 
points of Dadayan's motion for dismissal. 
 
USG Documents Weaken Case Against Dadayan 
----------------------------------------- 
 
8.  (S/NF) Lalayan said that circumstances regarding custody 
of the evidence in question, including how the evidence came 
to be in the custody of the USG, would need to be made clear 
to the court.  The case file (which Lalayan showed us) 
contains correspondence ostensibly from the U.S. Embassy in 
Tbilisi which calls into question whether the substance 
seized from Dadayan was radioactive at all.  Lalayan showed 
us a letter dated September 12 2003, unsigned, printed in all 
capital letters on U.S. Embassy letterhead, which stated that 
the sample in question was harmless "Red Mercury" and similar 
to material seized in scams in other parts of the world.  A 
second letter, dated February 10, 2004, also unsigned and 
also on U.S. Embassy letterhead stated that the sample 
received was in fact radioactive and a small portion of that 
sample was being returned to the Government of Georgia for 
analysis. 
 
9.  (S/NF) Lalayan welcomed our assertions that the sample 
was actually highly enriched uranium.  He appreciated our 
readiness to provide an analysis of the seized material in a 
form which would be acceptable to the court.  He said that it 
was unlikely that the court would require the physical 
presence of the HEU in the courtroom.  We noted that some 
degree of confusion regarding documentation of Dadayan's 
arrest should be understandable by the court; we expressed 
our hope that any decision by the court would not discourage 
further intelligence cooperation. 
 
Comment 
------- 
 
10.  (S/NF) The Dadayan case is in danger of dismissal, 
although our pressure on the Court and prosecutors may have 
forestalled this outcome for the time being.  If we want a 
guilty verdict, we will need to provide some assistance to 
overcome the procedural foul-ups at the beginning of the 
case.  In order to negate the impact of the 
amateurish-looking September 12 "Red Mercury" letter in the 
case file, we will need to provide a professional analysis of 
the material provided.  (Note: Judge Lalayan provided a list 
of criteria during the meeting.  End Note.)  It may prove to 
be a more difficult task to convince witnesses from Georgia 
to appear in an Armenian court, particularly if they are 
associated with intelligence operations.  The toughest task 
will be to convince a court that the chain of evidence was 
not broken and that the material we analyzed is in fact the 
material seized with Dadayan.  The defense attorneys 
evidently are aware of this and are waiting to poke holes in 
the prosecution's case. 
EVANS