AMBASSADOR'S INTRODUCTORY CALL ON MINISTER OF

C O N F I D E N T I A L SECTION 01 OF 02 BAKU 001084

SIPDIS

SIPDIS

DEPARTMENT FOR EUR/CARC AND L

E.O. 12958: DECL: 07/21/2016
TAGS: PGOV PREL PHUM KDEM KCRM KJUS SOCI AJ
SUBJECT: AMBASSADOR'S INTRODUCTORY CALL ON MINISTER OF
JUSTICE FIKRAT MAMMADOV


Classified By: AMBASSADOR ANNE E. DERSE PER 1.4(B,D)


1. (C) SUMMARY AND ACTION REQUEST: In her introductory call
on Minister of Justice Fikrat Mammadov, the Ambassador
discussed judicial reform, the status of a joint USG-GOAJ
developed legal database, the registration process for NGOs,
and prison reform. Mammadov outlined the MOJ's recent
progress, highlighting the success of the (USG-supported)
judicial exam process and assuring the Ambassador that the
USG-funded legal database was up and running. Mammadov told
the Ambassador of his plan to construct 17 new courthouses
throughout the country and to increase the number of judges.
In response to the Ambassador's concerns about the
registration process of NGOs and the status of prison reform,
Mammadov said that MOJ has made great efforts in overcoming
its Soviet legacy and that there has been substantial
progress on both fronts. The Minister proposed that the U.S.
and Azerbaijan resurrect a 1999 dialogue to conclude a Mutual
Legal Assistance Treaty. Department's guidance on the
proposed MLAT dialogue is requested in paragraph 10. END
SUMMARY


2. (C) During her July 17 introductory call on Minister of
Justice Fikrat Mammadov, the Ambassador reviewed U.S.
priorities for the bilateral relationship: cooperation in the
Global War on Terror and regional and global security and
stability, global energy security, and advancing democracy
through political and economic reform. She highlighted the
important role played by the Ministry of Justice in political
reform and economic development. Pointing out that Azerbaijan
is about to be hit with a wave of oil wealth, the Ambassador
stressed that the justice system and rule of law will play a
critical role in political and economic development. Noting
the importance of the development of civil society, the
Ambassador urged the MOJ to streamline its registration
process for NGOs. She also encouraged the MOJ to continue its
work in improving the condition of detention facilities.

JUDICIAL REFORM
--------------


3. (C) Mammadov explained that the Ministry of Justice (MOJ)
recognizes that it is responsible for court and legal
reforms, specifically the implementation of new
internationally recognized standards as outlined by the
Council of Europe. Enthusiastic about Azerbaijan's successful
judicial exam process (implemented with significant help from
the USG),Mammadov spoke of the GOAJ's efforts in judicial
reform. The Ambassador congratulated Mammadov on the
successful exam process, and urged the MOJ to use this
process as a model elsewhere, such as the Collegium of
Lawyers. Mammadov spoke highly of the support the Embassy
provided in the training process for judges. He mentioned
that the MOJ would continue to welcome experts from the U.S.
presenting lectures at training sessions for newly selected
judges. Mammadov acknowledged that the process for testing
and training lawyers is not yet up to the standards of the
process for judges, and expressed his desire to improve the
process.


4. (C) Arguing that most of Azerbaijan's judicial
shortcomings are linked to heavy workloads, Mammadov shared
his plan to increase the number of judges and facilities
throughout the country. He said that compared to many
European countries, Azerbaijan's number of judges per 100,000
citizens is not adequate. Mammadov added that the MOJ has
requested that the President provide resources for a forty to
fifty percent increase in the number of judges, and said that
the resources for court facilities should be proportionately
increased. To fund the construction of 17 new courthouses,
Mammadov said that the World Bank had approved 21.6 million
USD, the Japanese government had agreed to contribute 3
million USD, and that the GOAJ will put forth 11 million USD.
The Ambassador applauded the GOAJ for taking ownership of the
process by contributing its own resources.

LEGAL DATABASE
--------------


5. (C) Mammadov outlined the status of a legal database
developed from joint USG-GOAJ cooperation (and funded by
USAID). He said that the site is up and running, but has not
been updated since its creation. Mammadov thanked the U.S.
for its support and assistance, and said that the MOJ was
waiting for a Presidential decree soon to be issued
authorizing the restructuring of the MOJ, which will include
the establishment of a unit to maintain the database,
including training the experts necessary to update and

BAKU 00001084 002 OF 002


maintain the site. The Ambassador said that she is pleased
the database is running, noting that making legislation
available to the public is an important step in transparency.
She urged the MOJ to work quickly to find and train the
needed experts for the site.

NGO REGISTRATION
--------------


6. (C) Responding to the Ambassador's concerns about the NGO
registration process, Mammadov said that civil society is
developing well in Azerbaijan, noting that the number of NGOs
registered with the MOJ has significantly increased over the
past few years. He said that in the last six months,
approximately 300 NGOs were registered - a number equal to
the total registered in the entire previous year. According
to Mammadov, in 2001 only 23 NGOs were registered, so he
feels that Azerbaijan has made significant progress. He said
that the registration of media outlets with the MOJ is also a
simple, free process. (Comment: Independent TV station ANS
and several USG-funded regional TV networks continue to
experience problems obtaining a license.)

PRISON REFORM
--------------


7. (C) Explaining the difficulty in overcoming Azerbaijan's
Soviet legacy, Mammadov acknowledged that the detention
facilities that MOJ had inherited were not up to the
standards he would prefer. Another problem is that the
facilities are concentrated in the Baku area, making it
difficult for families of prisoners to visit, which Mammadov
said is their right. He continued that because both the
courthouses and the prisons are primarily located around
Baku, many lawyers leave the regions to practice in Baku.
Mammadov expressed his desire to establish new facilities in
the regions, which he hopes will encourage economic growth.
He also mentioned that the reform of detention facilities is
necessary to ensure transparency and openness, and that the
MOAJ is working to improve the conditions of these facilities
to conform with international standards.


MUTUAL LEGAL ASSISTANCE TREATY: ACTION REQUEST
-------------- -


8. (C) Mammadov stated that he is quite pleased with the
multifaceted partnership between the U.S. and Azerbaijan, but
said that he would like the relationship to develop further.
Specifically, he expressed his desire to revive discussions
with the USG to conclude a Mutual Legal Assistance Treaty
(MLAT). Mammadov explained that he would like to see an
agreement between the U.S. and Azerbaijan similar to the
existing framework between Azerbaijan and the Council of
Europe. He referred to an instance in which the U.S.
requested extradition of an individual, and he pointed out
that even though there was not a treaty, Azerbaijan had
cooperated. It would make sense, Mammadov continued, to
establish a legal basis for such cooperation. According to
Mammadov, in 1999, such a dialogue began between the U.S. and
Azerbaijan. The Ambassador promised to look into this issue.


9. (C) In a follow-up discussion with Poloff, MOJ official
Adil Abilov reiterated Azerbaijan's desire to continue the
dialogue with the U.S. on an MLAT. However, Abilov said
Azerbaijan did not want to continue the exact substance of
the 1999 discussion, as Azerbaijan's legal framework had
changed significantly since that time due to reforms
undertaken within the framework of Azerbaijan's obligations
to the Council of Europe. Abilov said that Azerbaijan is
interested in opening a dialogue with the U.S. to fill the
"huge legal gap" that currently exists.


10. (C) Action requested: We believe that conclusion of an
MLAT would be in the U.S. interest and request guidance on
the next steps to resume MLAT discussions. END ACTION REQUEST
DERSE