Identifier
Created
Classification
Origin
06BAKU1729
2006-11-28 14:42:00
CONFIDENTIAL
Embassy Baku
Cable title:  

AZERBAIJAN IN MUTED SHOCK OVER CLOSURE OF

Tags:  PGOV PREL PHUM KDEM CASC AJ 
pdf how-to read a cable
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OO RUEHDBU RUEHFL RUEHLA RUEHMRE RUEHROV RUEHSR
DE RUEHKB #1729/01 3321442
ZNY CCCCC ZZH
O 281442Z NOV 06
FM AMEMBASSY BAKU
TO RUEHC/SECSTATE WASHDC IMMEDIATE 1813
INFO RUCNCIS/CIS COLLECTIVE IMMEDIATE
RUCNOSC/ORGANIZATION FOR SECURITY COOPERATION IN EUROPE IMMEDIATE
RHMFISS/CDR USEUCOM VAIHINGEN GE IMMEDIATE
C O N F I D E N T I A L SECTION 01 OF 03 BAKU 001729 

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/28/2016
TAGS: PGOV PREL PHUM KDEM CASC AJ
SUBJECT: AZERBAIJAN IN MUTED SHOCK OVER CLOSURE OF
INDEPENDENT ANS TELEVISION; AMBASSADOR URGES FM MAMMADYAROV
TO RESOLVE SITUATION

REF: A. BAKU 1714


B. BAKU 1713

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

C O N F I D E N T I A L SECTION 01 OF 03 BAKU 001729

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/28/2016
TAGS: PGOV PREL PHUM KDEM CASC AJ
SUBJECT: AZERBAIJAN IN MUTED SHOCK OVER CLOSURE OF
INDEPENDENT ANS TELEVISION; AMBASSADOR URGES FM MAMMADYAROV
TO RESOLVE SITUATION

REF: A. BAKU 1714


B. BAKU 1713

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


1. (C) SUMMARY: Azerbaijani society remains in a state of
muted disbelief following the GOAJ's surprise decision to
close independent ANS Television and evict several
independent media outlets from their downtown offices. The
Coordination Council Union of Public Interest Organizations,
an umbrella organization of opposition party leaders, civil
society members and media representatives, met November 27 to
review the current situation. At this meeting, opposition
leaders decided not to freeze activities as previously
discussed, and the group agreed to meet December 1 to
determine the Council's mandate and next steps. Protests
initially organized for today, November 28, were canceled,
and there are no plans for immediate public protests.


2. (C) SUMMARY CONTINUED: Separately, the Ambassador met
Foreign Minister Mammadyarov November 27 to express our
concern once more and to urge the GOAJ to resolve the
situation. The Ambassador also participated in a November 27
meeting of OSCE Member States Ambassadors, where all agreed
that the upcoming OSCE Ministerial would be a key opportunity
to press our concerns both publicly and privately. In spite
of Presidential Chief of Staff Ramiz Mehdiyev's assurances
that the evicted organizations would have full access to
their possessions, the Popular Front Party and opposition
Bizim Yol and Azadliq newspapers do not have full access.
Nevertheless, Azadliq newspaper has continued publishing
unabated, and Turan News Agency's website is up and running.
Finally, ANS' bank accounts were briefly frozen on November
27, and ANS Vice President Mirshahin Agayev was questioned by
prosecutors. November 28 afternoon press reports indicate
that ANS President Vahid Mustafayev has now been summoned to
the Prosecutor General's office. END SUMMARY


3. (SBU) Azerbaijani society remains in a state of muted

shock and disbelief following the GOAJ's surprise November 24
decision to close independent ANS Television and evict the
Popular Front Party (PFP) and several media outlets from
their downtown office building. While business continues as
usual in Baku, Azerbaijanis are quietly sharing their shock
over the abrupt closure of Azerbaijan's most widely viewed
television station. ANS has been an integral part of the
political and social culture of this post-Soviet society, and
Azerbaijanis simply cannot believe that it is no longer on
the air. On November 27, a group of intellectuals and
national artists published a letter appealing to President
Aliyev to restore ANS broadcast. The group outlined the
important role that ANS played in the national independence
movement and noted that the station contributed to
Azerbaijan's "spirit of patriotism." Protests organized by
the Journalists Union that had been planned for today,
November 28, were canceled, and there are no plans for
immediate public protests. Democratic Reforms Party Chair and
MP Asim Mollazade said that his party has called for the
rebroadcast of ANS and that he plans to suggest the creation
of a Parliamentary working group to investigate the overall
media situation.


4. (C) Opposition leaders, joined by media representatives
and members of civil society, met November 27 under the
rubric of the newly formed Coordination Council Union of
Public Interest Organizations. Turan News Agency Chief Mehman
Aliyev told Poloff that the Council was created on November
23 to advance media freedom and freedom of assembly in light
of the past six months' developments. The Council had barely
established a mandate when ANS was taken off the air and the
opposition was evicted from the 33 Khagani street location on
November 24. At the Council's first meeting after the
November 24 events, the Azadliq bloc opposition leaders
pushed for a freeze on all opposition activities, which at
that time only Musavat Chairman Isa Gambar opposed (see ref
a). At the November 27 meeting, the opposition decided not to
freeze activities. The next concrete step will be a December
1 meeting to define the Council's mandate and next steps, as
there is a push from group members to expand the Council's
purview to all human rights issues. Aliyev told Poloff that
he hoped the Council would provide a vehicle for opposition
leaders to overcome petty differences and to present a united
platform for democratic change that was supported by civil
society. (NOTE: Aliyev was elected as working chair for the
Council's November 27 meeting, reportedly because he is
viewed by members as unbiased.)

FM MAMMADYAROV BLAMES ANS CLOSURE ON "BUREAUCRATIC STUPIDITY"
-------------- --------------

BAKU 00001729 002 OF 003




5. (C) In a November 27 meeting with Foreign Minister Elmar
Mammadyarov, the Ambassador asked Mammadyarov to urge the
President to take measures to reverse actions that create a
clear public perception that the GOAJ has launched an all-out
assault on democracy and media freedom. The Ambassador noted
that President Aliyev,s successful visit to Washington had
created a good foundation to move the bilateral relationship
forward in a number of areas, but she emphasized that the
closure of ANS and the eviction of the tenants of the Azadliq
newspaper building will negatively impact these efforts.
Noting the legal and technical issues that may be at stake -
as Presidential Chief of Staff Ramiz Mehdiyev had insisted
(see ref a) - the Ambassador said that these issues do not
alter political perception. She underscored the fact that the
world is convinced that Azerbaijan has launched an assault
against media freedom and democracy. The Ambassador told
Mammadyarov that in a November 25 meeting, Ramiz Mehdiyev had
restated Azerbaijan,s commitment to democracy and asked the
Ambassador, along with the U.K. and German Ambassadors, who
had also attended the meeting, not to consider these measures
as a backwards step. She also noted that Mehdiyev had
promised that the evicted organizations would not be
obstructed in their activities and their belongings and
equipment would be turned over to them.


6. (C) Mammadyarov was visibly uncomfortable and made only a
cursory effort to defend the recent developments as legally
grounded, noting that Secretary Rice had once told him that
"democracy has its ups and downs." The Ambassador reminded
Mammadyarov of DRL A/S Lowenkron's scheduled December 18-19
visit to initiate a dialogue on democracy. She said that
plans to launch a high-level economic dialogue, as well as
other initiatives in the works could be affected by the
recent developments. The Ambassador highlighted the
importance of President Aliyev,s remarks in Washington that
underscored the GOAJ's commitment to political reform, and
urged Mammadyarov to ask him to reaffirm Azerbaijan,s
commitment to democratic development and Euro-Atlantic
institutions. In addition, she said, Azerbaijan needs to take
steps to show that there is no policy to target the press and
democracy. The Ambassador also noted that the Embassy is
examining claims that the decision on ANS may violate
Azerbaijani law. She emphasized that while the legal issues
are being addressed, it is important to find a way to allow
ANS to continue broadcasting.


7. (C) Mammadyarov asked if the Embassy had urged ANS to
reach out to the National Television and Radio Council (NTRC)
to initiate a dialogue to resolve this issue. The Ambassador
noted that it is not the Embassy's role to mediate this
domestic issue, but added that the Embassy had received a
copy of a letter sent by ANS to the NTRC suggesting such a
dialogue, and supported the idea. Mammadyarov was pleased to
hear this and agreed to call Mehdiyev and others to urge them
to begin talks. He pointed out his difficult position, noting
that while he plays a direct role in the outstanding Voice of
America and BBC broadcasting issue, there is sensitivity
about his involvement in this domestic issue. Mammadyarov
acknowledged the importance of public perception, but noted
that all companies, regardless of political affiliation, must
comply with regulations. The key here, he said, is to
de-politicize the issue. Mammadyarov welcomed the
Ambassador's suggestion to ask President Aliyev to reaffirm
his commitment to democratic principles and agreed to find an
early opportunity to have him do so, noting that the CIS
Summit in Minsk might not be the right venue. The Foreign
Minister concluded by noting that he thought the whole issue
was a result of "bureaucratic stupidity" and promised to
raise the issue with both Mehdiyev and the President.

OSCE MEMBER STATE AMBASSADORS STRATEGIZE NEXT STEPS
-------------- --------------


8. (C) Separately, OSCE Baku Head of Mission Pavesi convened
a meeting of OSCE member state ambassadors November 27 to
review the sudden turn of events. German Ambassador
Stanchina, speaking on behalf of the EU presidency, told the
group about the U.S., U.K. and German Ambassadors' November
25 meeting with Presidential Chief of Staff Ramiz Mehdiyev
and senior Apparat officials (see ref a). The ambassadors
agreed on the need for tangible action to be taken in
response to recent events. All agreed that next week's OSCE
Ministerial in Vienna was one key opportunity for the
international community to take public and private measures
to address the GOAJ actions in light of its OSCE, COE, NATO
and bilateral commitments. OSCE also reported that it would
raise the ANS closure, the opposition eviction and continued
lack of freedom of assembly in Azerbaijan at an early

BAKU 00001729 003 OF 003


December meeting with senior GOAJ officials in Strasbourg.
The German Ambassador said that Finland's (EU Presidency)
Ambassador Teri Hekala will visit Azerbaijan this week, which
will underscore the seriousness of the EU,s concern. (NOTE:
On November 28, German Poloff told us that the EU will likely
make a statement at the upcoming November 30 OSCE Permanent
Council meeting in Vienna through the Italian mission to the
OSCE.) Outside the OSCE Ambassadors' meeting, in response to
press questions, the Ambassador restated our strong concern
about the actions taken by the GOAJ.

UPDATE ON ANS AND THE EVICTIONS
--------------


9. (SBU) ANS Television and Radio remain off the air, but the
ANS website is up and running. ANS Officials reported that
the GOAJ froze the company's bank accounts over the weekend,
but said that they had expected this to happen and had
transferred assets to other accounts and paid company
employees on November 25. The accounts subsequently were
unfrozen on November 27. Separately, the Prosecutor General's
office summoned ANS Vice President Mirshahin Agayev. Agayev
was ostensibly called to the PGO's office in connection with
an eight month old copyright infringement investigation
concerning a book ANS had previously published. November 28
afternoon press reports indicate that ANS President Vahid
Mustafayev has now been summoned to the PGO's office as well,
which Mustafayev had previously told PAO he was expecting.
ANS also announced the cancellation of its planned 15th
anniversary celebration which was slated to be held November
26 at Heydar Aliyev Palace, a downtown Baku concert hall. The
manager of the facility told reporters that the cancellation
was due to "technical failures."


10. (C) Contrary to assurances given by Presidential Chief of
Staff Ramiz Mehdiyev that all evicted organizations would
have access to their possessions, PFP, Bizim Yol and Azadliq
newspaper do not have full access. PFP officials and Bizim
Yol newspaper staff report that although they have access to
their possessions at the building designated by the State
Property Committee, police officers - claiming to be under
orders from Minister of Internal Affairs Ramil Usubov - would
not allow the organizations to move equipment out of the
building to their preferred site, the headquarters of the
Azerbaijan Democratic Party (a privately-owned building).
Bizim Yol has not been published since the eviction, already
missing three issues. Azadliq newspaper reports that its
possessions were dumped in the basement of the building that
houses the office that the State Property Committee
designated for the paper, but that police will not allow
staff to move equipment from the building to their preferred
site, the Yeni Musavat newspaper building (also a
privately-owned building). Further, the offices in which
Azadliq newspaper staff are now supposed to work are still
occupied by another company. So far, staff have been able to
continue publishing Azadliq using Yeni Musavat's equipment.
Turan news agency reports that, after negotiations with GOAJ
officials, staff have been able to access all of their
equipment and relocate much of it to Turan's new office - the
former Azadliq Radio building, located across the street from
the former Azadliq newspaper building. Turan's Internet news
service is up and running, but its new office does not
currently have a sufficient number of phone lines and the
building has electrical problems. (NOTE: As we received these
reports on November 26, we informed both the Presidential
Apparat and the Foreign Minister, and reminded the GOAJ of
Mehdiyev's assurance that the evicted organizations would
have full access to their possessions - see ref a.)

COMMENT
--------------


11. (C) The closure of independent ANS Television and Radio
represents a severe blow to media freedom in Azerbaijan. As
public opinion surveys have consistently demonstrated, most
Azerbaijanis have relied on ANS for their daily news for the
last 15 years. While no one is taking to the streets to
protest the closure, our contacts report that almost everyone
in Azerbaijan is hoping that President Aliyev will reverse
this decision, and indeed several citizens' groups have
called on him to do so. In our view, the GOAJ underestimated
the impact ANS' closure would have on the international
community. A steady drumbeat of both public and private
messages is necessary to overturn this decision. We urge the
Department to consider making a strong statement at the
November 30 OSCE Permanent Council meeting and, if
appropriate, suggest the Department also consider raising
this issue in the upcoming OSCE Ministerial.
DERSE