AZERBAIJAN: INDEPENDENT JOURNALIST BEATEN WHILE

C O N F I D E N T I A L SECTION 01 OF 02 BAKU 001250 SIPDIS SIPDIS E.O. 12958: DECL: 10/17/2017 TAGS: PHUM PGOV PREL KDEM KCOR AJ SUBJECT: AZERBAIJAN: INDEPENDENT JOURNALIST BEATEN WHILE COVERING FORCED EVICTION REF: BAKU 1089 Classified By: POL/ECON CHIEF JOAN POLASCHIK PER 1.4(B,D). ¶1. (C) SUMMARY: In the course of covering a forced eviction on September 28, journalist Suheyla Gambarova reportedly was beaten by Ministry of Justice court bailiffs, and was hospitalized and diagnosed with hemorrhaging of the brain, a broken nose and short-term memory loss. In an October 4 hospital visit, Poloff noted the remaining bruises on Gambarova's legs and on the soles of her feet. Two of the evicted tenants who had been present at the scene separately confirmed Gambarov's account of the incident. While Gambarova's beating is the latest of a series of violent attacks on journalists, we believe this particular incident also highlights the problem of impunity among Azerbaijan's law enforcement officials. We will urge the GOAJ to thoroughly investigate this incident. END SUMMARY ¶2. (C) On October 4, Poloff visited hospitalized journalist Suheyla Gambarova, who reported having been beaten in the course of covering a forced eviction on September 28. Gambarova is a correspondent for Impulse newspaper, a small, opposition-leaning weekly publication established by a Social Democratic Party activist. Gambarova said she had arrived at a downtown Baku apartment building to investigate a forced eviction after receiving several phone calls from a private citizen involved in the matter. Upon arrival, she found approximately ten Ministry of Justice court bailiffs peacefully drinking tea with the tenants and a representative from MTK Construction; she identified herself as a journalist and presented her press pass. According to Gambarova, MTK Construction was attempting to acquire the building, and had secured agreement from the landlord. Most of the building was occupied by squatting IDPs/refugees, but two families had legal claim to their apartments. One family had already been evicted, but the family in question remained, demanding to be paid a fair price for the unit. Gambarova said MTK Construction had bribed the court and won a case against the family; court bailiffs arrived on September 28 to enforce the order to evict. ¶3. (C) After the MTK Construction representative stepped out of the room, Gambarova said that court bailiffs searched her purse and broke her cellular phone and tape recorder and then 
began beating her and two female tenants. According to Gambarova, she was kicked and beaten with fists and glass bottles, some of which broke upon contact. Gambarova said that the officials who beat her made comments such as "I've been paid; I can do what I want;" "I could kill you with one blow;" "We have people everywhere, you can't report this;" and "I've beaten you in a way that you won't remember what happened," in addition to dropping the names of First Lady Mehriban Aliyeva and Minister of Emergency Situations Kamalladin Heydarov. ¶4. (C) Gambarova said that she was hit on the head and knocked unconscious; she awoke on the street two hours later, bruised, bloody, and with scorched hair. She believes a passerby saw her and called an ambulance. Gambarova was transferred to a nearby hospital, where she said she has received good medical care. Gambarova reported that her nose and several teeth had been broken, and Poloff noted the bruises remaining on Gambarova's legs and on the soles of her feet. She was diagnosed with hemorrhaging of the brain, and suffered from short-term memory loss, which she said is slowly returning. Gambarova expected to be released to out-patient care after about two weeks in the hospital. Although another Impulse reporter had been subject to police violence in 2001, Gambarova believes that this happened to her only because she showed up on the scene, not because of her newspaper affiliation. She plans to pursue her case in the courts. ¶5. (C) In an October 10 meeting, Vasila Ganbarova and Samani Gasimova, residents who were evicted during this incident, confirmed Gambarova's account of the September 28 incident. The sisters reported that officials arrived and demanded that they vacate the building, declaring it to be in a "state of emergency." Police and Ministry of Emergency Situations officials were outside, but only court bailiffs were inside the apartment and involved in the physically violent acts. Ganbarova said she was "tricked" into leaving the unit with the MTK representative, and upon leaving, heard one court bailiff agree to do something he had been told on the phone and rushed into the apartment. Gasimova remained in the apartment, and witnessed five or six court bailiffs beating and kicking Gambarova; Ganbarova later saw the officials attempting to push a battered Gambarova down a flight of BAKU 00001250 002 OF 002 stairs. Gasimova reported that one court marshal punched her 64-year old mother; the same man hit Gasimova after she attempted to defend her mother. The women said that the only other family members present were two teenage boys and two young girls, none of whom was injured, although all were traumatized by the violence. ¶6. (C) COMMENT: MTK Construction, owned by Tamilla Guliyeva, is rumored to be linked to both the First Lady and Minister of Emergency Situations Kamalladin Heydarov, and has been busily engaged in efforts to acquire prime downtown property. Baku's building boom has been receiving increased attention from the media and human rights activists as a result of the recent collapse of a 17-story building under construction (ref). While Gambarova's beating is the latest in a series of violent attacks on journalists, we believe this particular incident also highlights the problem of impunity among Azerbaijan's law enforcement officials. We will urge the GOAJ to thoroughly investigate this incident, and have referred Gambarova, Ganbarova, and Gasimova to the DRL-funded American Bar Association Legal Advocacy Center to seek legal advice. DERSE