PRESIDENT ALIYEV COMMENTS ON ANS SUSPENSION

C O N F I D E N T I A L SECTION 01 OF 03 BAKU 001739

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/29/2016
TAGS: PGOV PREL PHUM KDEM CASC AJ
SUBJECT: PRESIDENT ALIYEV COMMENTS ON ANS SUSPENSION

REF: A. BAKU 1738


B. BAKU 1729

C. BAKU 1714

D. BAKU 1713

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


1. (C) SUMMARY: In a November 29 interview, President Aliyev
affirmed his commitment to build a modern democratic state
based on rule of law, but said that independent ANS
Television (whose operations were suspended November 24) must
follow the law. Aliyev also criticized the opposition for
"politicizing" the Azadliq newspaper building eviction. FM
Mammadyarov clarified President Aliyev's statements in a
November 29 telcon with the Ambassador, stating that the
situation will be resolved "with time" as long as ANS
continues its negotiations with the NTRC in good faith.
Mammadyarov said that the rule of law is "all-sided, not
one-sided" and that the President had told him ANS was "only
the beginning;" that he would also cancel the Russian
channels illegally operating in Azerbaijan. In a separate
November 29 meeting, the Ambassador delivered a strong
demarche on media freedom to First Deputy Prime Minister
Yagub Eyyubov, to which he responded that the decision to
suspend ANS' operations was made by an independent council,
not the GOAJ. (COMMENT: While both President Aliyev and FM
Mammadyarov have affirmed the GOAJ commitment to democracy,
we are concerned that the GOAJ has not responded favorably to
our request to reconsider its decision to suspend ANS
broadcasts while negotiations continue.)


2. (C) SUMMARY CONTINUED: ANS President Vahid Mustafayev was
questioned today by the Prosecutor General's office in the
ongoing investigation of an alleged copyright infringement
case. The evicted Popular Front Party and independent media
outlets continue to have limited access to their possessions,
but Bizim Yol newspaper was able to print for the first time
since the eviction. The State Property Committee announced
November 28 that the 33 Khagani location will be officially
given to a teachers organization. Several other opposition
parties and newspapers have expressed concern over their
properties. END SUMMARY

ALIYEV INTERVIEW AND MAMMADYAROV CLARIFICATION
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3. (U) In a November 29 interview with AzTV aboard the
presidential aircraft en route to Baku, President Aliyev
delivered remarks concerning the recent ANS closure and
opposition eviction from 33 Khagani street (see ref a for
transcript). Aliyev said that he was trying to build a modern
democratic state based on the rule of law and that neither he
nor any other public officials were above the law. He
commented that he has always been a supporter of ANS but that
like all companies, ANS must comply with the law. Aliyev told
the interviewer that he strongly believes in media freedom
and that if ANS addresses the concerns outlined in the NTRC
notice of closure, he believes the channel would be able to
resume its broadcast. He added that while some in media
appear to seek special privileges, as President he must
demand that everyone follow the law. In the same interview,
Aliyev dismissed Azadliq newspaper's complaints, commenting
that the paper has an received excellent office space in the
Azerbaijan Publishing House building, where several other
publications are located. Aliyev contended that the
opposition media had wrongly politicized the Azadliq case and
made no reference to the eviction of the opposition Popular
Front Party (PFP),Bizim Yol newspaper, or Turan News Agency.


4. (C) In a November 29 telcon with the Ambassador following
the President's remarks, Foreign Minister Mammadyarov
affirmed President Aliyev's commitment to democracy and rule
of law, and said resolution of the ANS licensing issue is
simply a "question of time, not a matter for today or
tomorrow." Mammadyarov said that ANS will "finish
negotiations and get the license." He continued, saying "I
think they will get the license, but it is very important
that the President of ANS negotiate with the NTRC. The
situation will be more flexible - we need a little more time.
As Secretary Rice said, democracy has its ups and downs. When
I talked to the President, he said it will only be down for a
short time. Rule of law is very important; it is all-sided,
not one-sided." (Mammadyarov later predicted the issue would
be resolved within the next three to six weeks.) Commenting
favorably on ANS' "constructive" public statements and
letters regarding the closure, Mammadyarov said ANS should
continue its negotiations with the NTRC. Mammadyarov stressed
that the rule of law applies to "everyone," and said that the
President, who is "pissed-off" at the Russians, will cancel
the Russian channels that are illegally operating in the
country. Mammadyarov argued that the ANS closure should be
considered from the perspective of Azerbaijan's own domestic

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politics. "Those old guys who steal, who joined the party for
career-building, are pretty influential," Mammadyarov said
cryptically, declining to further clarify; "it's very
important to consider this issue from that perspective."
Mammadyarov noted that President Aliyev agreed to give his
first-ever airplane interview to address the ANS issue.

AMBASSADOR DELIVERS DEMARCHE TO FIRST DEPUTY PRIME MINISTER
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5. (C) The Ambassador met November 29 with First Deputy Prime
Minister Yagub Eyyubov and delivered a strong demarche on
freedom of the media in Azerbaijan, highlighting both the
shutdown of ANS broadcasting and the eviction of PFP and
several news outlets from their building. Eyyubov was
defensive, saying that Azerbaijan was working toward its
goals of rule of law and democracy, and that Azerbaijan has
many other newspapers and independent television stations,
not just ANS. However, Eyyubov was careful to say that the
decision against ANS was made by an independent council, not
by the GOAJ. He also objected to the Ambassador's use of the
term "closure" regarding ANS, insisting that the closure of a
company could only be made by a court decision, and that ANS
was under "temporary suspension" under the authority of the
NTRC, and that the matter was under review.

ANS LEADERSHIP QUESTIONED BY PROSECUTOR GENERAL
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6. (C) Also on November 29, ANS President Vahid Mustafayev
appeared before the Prosecutor General's office (PGO) after
receiving a November 28 summons. His summons came after ANS
Vice President Mirshahin Agayev was questioned by the PGO
regarding an alleged copyright infringement investigation
(see ref b). Mustafayev told PAO that the PGO questioned him
in a straightforward manner, after which he was immediately
released. Enver Safir, the Director of the Eurasia Regional
Office of Marketing and Program Placement, reported that ANS
Vice President Seyfulla Mustafayev fears he will be summoned
and subsequently jailed. Seyfulla Mustafayev also told Safir
that the GOAJ only unfroze ANS' bank accounts after
discovering that the accounts were empty, as ANS staff had
anticipated the move and withdrawn their savings prior to the
accounts being frozen.

EVICTED ORGANIZATIONS ALLOWED LIMITED ACCESS TO POSSESSIONS
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7. (C) PFP officials and Bizim Yol newspaper staff reported
November 29 that they were allowed to move their computers
from the building designated by the State Property Committee
(see ref c) to their preferred site, the Azerbaijan
Democratic Party (ADP) headquarters. For the first time since
the November 24 eviction, Bizim Yol was able to publish its
daily opposition newspaper, working out of the ADP building.
However, PFP officials and Bizim Yol staff said that police
continue to prevent the organizations from removing their
remaining possessions (mostly furniture and books) from the
site at which they were dumped on November 25. Azadliq
newspaper staff reported that they still have not been able
to remove their equipment from the basement of the State
Property Committee-designated building to their preferred
location, the Yeni Musavat newspaper building. They also
claim that Presidential Advisor for Social and Political
Affairs Ali Hasanov is somehow linked to the organization
that still occupies the office designated for Azadliq by the
State Property Committee. Although Azadliq has been able to
continue its daily publication, PFP Chair Ali Kerimli told us
that circulation has decreased from its previous number of
8,600 to 5,500, and that he expects a further decrease.
Kerimli said that although the newspaper is trying to prolong
its existence, he fully expects the paper - which is burdened
with over USD 200,000 in fines from criminal libel suits - to
eventually be forced to close.

UPDATE ON 33 KHAGANI
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8. (C) In a November 28 press statement, the State Property
Committee announced that the vacated 33 Khagani location will
officially be given to the Azerbaijan Teachers Qualification
Institute. (NOTE: The State Property Committee, with support
from the Baku Mayor's office and the Ministry of Education,
had based its lawsuit against the tenants of the 33 Khagani
location on claims that in 1992, the then PFP-controlled GOAJ
had unfairly evicted the Azerbaijan Teachers Qualification
Institute in order to grant the building to Azadliq
newspaper.) The Institute is expected to move to the building
after unspecified repairs are completed. Rumors continue to
circulate that this building will eventually be given to
First Lady Mehriban Aliyev, who allegedly owns a newly-opened
bakery next door to 33 Khagani.

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TROUBLE BREWING FOR OTHER OPPOSITION GROUPS?
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9. (C) According to a November 28 press report, the State
Property Committee continues to postpone signing a long-term
contract with the ADP regarding the party's downtown
headquarters. ADP is currently leasing the building - which
also houses the opposition Hurriyyet newspaper and serves as
the temporary offices of evicted PFP executives and Bizim Yol
newspaper staff - from the State Property Committee.
According to Gurban Jalaloghlu, brother of acting ADP Chair
as well as active ADP member, the Committee appealed to the
Economic Court at the end of October, claiming that the
tenants owed back rent. Jalaloghlu said that the party has
paid some of this debt, but is holding the remaining amount
until the State Property Committee finalizes a long-term
lease agreement. Hurriyyet Acting Editor in Chief Anar
Hassanli told us that the debt the State Property Committee
is demanding from the ADP building tenants is for overdue
rent payments, but that paying it will not resolve the
problem while the court case remains open. Hassanli expects a
court decision within the next few weeks. ADP Acting Chair
Sardar Jalaloghlu told Emboff that the GOAJ has no
justification to force them to leave the building.


10. (C) Deputy Editor of Yeni Musavat newspaper Azer Ayhan
told us that although the State Property Committee had
promised newspaper staff that they could remain in their
current location as long as they would like, the building has
recently been privatized. Ayhan was not certain who the new
owner is, but fears that the building's landlord will come
under pressure and evict Yeni Musavat from the building
(which also serves as Azadliq newspaper's current office).
Azerbaijan Liberal Party Chair Lala Shovket told us that she
was also facing pressure to vacate from the landlord of the
party's privately-owned building.

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


11. (C) Both President Aliyev (now publicly) and FM
Mammadyarov have affirmed the GOAJ commitment to democracy
and media freedom. Their comments on the ANS situation do not
respond to our request that ANS be allowed to continue to
broadcast as negotiations to resolve alleged regulatory
violations continue. They do, however, open the door to the
possibility of a negotiated solution over time. We recommend
that if Washington decides to issue a statement on the issue,
it be in line with previous guidance and not comment on
President Aliyev's November 29 interview.
DERSE