Identifier
Created
Classification
Origin
07BAKU1356
2007-11-13 09:49:00
CONFIDENTIAL
Embassy Baku
Cable title:  

AZERBAIJAN: EUR A/S FRIED REVIEWS DEMOCRACY AND

Tags:  PREL PGOV PHUM KDEM KIRF PBTS AM AJ 
pdf how-to read a cable
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ZNY CCCCC ZZH
R 130949Z NOV 07
FM AMEMBASSY BAKU
TO RUEHC/SECSTATE WASHDC 4229
INFO RUCNCIS/CIS COLLECTIVE
RUEHAK/AMEMBASSY ANKARA 2450
RHMFISS/CDR USEUCOM VAIHINGEN GE
RUEHBS/USEU BRUSSELS
RUEAWJA/DEPT OF JUSTICE WASHINGTON DC
RUEHVEN/USMISSION USOSCE 0731
RUEKJCS/SECDEF WASHDC
C O N F I D E N T I A L SECTION 01 OF 06 BAKU 001356 

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/13/2027
TAGS: PREL PGOV PHUM KDEM KIRF PBTS AM AJ
SUBJECT: AZERBAIJAN: EUR A/S FRIED REVIEWS DEMOCRACY AND
HUMAN RIGHTS ISSUES WITH FM MAMMADYAROV

REF: A. STATE 118576


B. BAKU 01084

C. BAKU 01126

D. BAKU 00714

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 06 BAKU 001356

SIPDIS

SIPDIS

E.O. 12958: DECL: 11/13/2027
TAGS: PREL PGOV PHUM KDEM KIRF PBTS AM AJ
SUBJECT: AZERBAIJAN: EUR A/S FRIED REVIEWS DEMOCRACY AND
HUMAN RIGHTS ISSUES WITH FM MAMMADYAROV

REF: A. STATE 118576


B. BAKU 01084

C. BAKU 01126

D. BAKU 00714

Classified By: Ambassador Anne E. Derse per 1.4 (b,d).


1. (C) Summary: EUR A/S Fried and the Ambassador reviewed
democracy and human right issues with Foreign Minister
Mammadyarov in a November 5 meeting, as part of our ongoing
high-level dialogue (ref a). Fried emphasized that free and
fair presidential elections in 2008 would strengthen
Azerbaijan and offered to share U.S. suggestions on steps
Azerbaijan could take to improve the electoral climate, an
offer Mammadyarov accepted. Mammadyarov recognized that
composition of the electoral commission was a key issue and
said the GOAJ was mulling a shift to a presidentially
appointed commission, a proposal Fried urged the GOAJ to
review with the Council of Europe (COE) and OSCE.
Highlighting our concern over the recent conviction of
journalist Eynulla Fatullayev on terrorism charges, Fried
urged Mammadyarov to take immediate steps to improve the
media environment; he also shared U.S. ideas for an
alternative dispute resolution mechanism for libel
complaints. Mammadyarov said the GOAJ was working with the
COE to revise its freedom of assembly law.


2. (C) Summary continued: Fried and the Ambassador also
raised religious freedom concerns, noting that certain
Christian and Muslim groups were under increasing pressure.
Mammadyarov urged the Ambassador to raise these concerns with
the Head of the Caucasus Muslim Board. Briefing Fried on
GOAJ plans to provide financial support for NGOs, Mammadyarov
noted his concern over plans to create a new state agency and
pledged to raise the issue with President Aliyev.
Mammadyarov also expressed frustration over the Ministry of
Justice's continuing refusal to register the Election
Monitoring Commission (EMC). The Ambassador briefed
Mammadyarov on the Embassy's views on the new anti-corruption

action plan, urging the GOAJ to robustly implement new
ministry-specific action plans and bring civil society more
formally into the state anti-corruption committee.
Mammadyarov countered that the Embassy's failure to pay taxes
for its local staff was an equally important rule of law
issue; Fried responded that the U.S. acknowledged this
concern and was working on a solution. Touching on regional
issues, Mammadyarov affirmed that Azerbaijan was "serious"
about a solution to the Nagorno-Karabakh conflict and asked
for U.S. support on GUAM's UNGA resolution on regional
conflicts. End summary.


3. (SBU) In a nearly two-hour meeting on November 5,
visiting EUR A/S Daniel Fried and the Ambassador reviewed
democracy and human rights issues with Foreign Minister Elmar
Mammadyarov as part of our regular high-level dialogue on
these issues. The most recent session was held via video
conference in August (ref a). Mammadyarov was decidedly more
prepared for this session and was flanked by four aides who
were prepared to discuss specific subjects.


4. (SBU) The Foreign Minister began the meeting by noting
that the GOAJ wanted to add another rule of law point to the
democracy dialogue agenda: unresolved problems regarding the
payment of taxes by the Embassy's local staff. Mammadyarov
said that the U.S. was in the company of states such as
Belarus and Iran on this issue; he has been warned by the
Minister of Finance that criminal charges will be pressed if
the U.S. Embassy's local staff does not pay their taxes. The
Ambassador responded that the Embassy is working on this
issue. As indicated in a May diplomatic note, the Embassy
pledged to accredit its staff within one year of the note.
The Ambassador briefed Mammadyarov on the Embassy's views on
the GOAJ's new anti-corruption plans, urging the GOAJ to
robustly implement ministry-specific action plans and bring
civil society more formally into the government's
anti-corruption efforts.

--------------
POLITICAL PROCESS REFORM
--------------


5. (C) Fried briefed Mammadyarov on his meetings over the
last two days, noting that he had met the Ministers of
Justice and Internal Affairs, Presidential Chief of Staff
Ramiz Mehdiyev, journalists, youth activists, and

BAKU 00001356 002 OF 006


representatives from civil society and political parties.
Fried noted that Azerbaijan's youth appeared to be share the
government's vision of Azerbaijan as an independent, secular,
western-oriented country, and that the youth should be a
natural constituency for the government. However, young
people are worried about the recent conviction of journalist
Eynulla Fatullayev. Fried commented that the youth seemed to
want to help Azerbaijan on its path toward democratic reform.
Mammadyarov responded that "we can't compare Azerbaijan to
the United States." Democratic reform, Mammadyarov said, is
a "generational process."


6. (C) Fried noted that he had discussed Azerbaijan's 2008
presidential election in separate meetings with President
Aliyev and his chief of staff Ramiz Mehdiyev. Fried heard
the President's concerns about ODIHR's neutrality and said he
would urge ODIHR Director Strohal to "play straight" with
Azerbaijan in its observation of and reporting on the 2008
election. Fried continued that free and fair elections would
work to Azerbaijan's advantage, and that the U.S. hoped the
GOAJ would work to create a climate for a normal election.
The U.S. has specific ideas on how Azerbaijan could work
toward a free and fair election, Fried said, but leadership
by the Azerbaijani government will be required. Fried noted
that current efforts in Russia to manipulate its political
process are "a joke, like Soviet times," and that the U.S.
wants to see Azerbaijan succeed in its democratic goals.


7. (C) Mammadyarov responded that the GOAJ agrees fully with
Fried's view on the 2008 election. President Aliyev is the
"last person to falsify elections." Mammadyarov noted that
Azerbaijan did not endorse Russia's recent request to reduce
OSCE/ODIHR election observers, although six other CIS member
states signed the Russian letter. Mammadyarov continued that
Azerbaijan is "not hiding any issues" with respect to
elections; the GOAJ recognizes that "real things must be
addressed," such as changes to the electoral commission, as
recommended by the Council of Europe's Venice Commission.
Mammadyarov said the GOAJ is mulling a shift to a
presidentially appointed Central Election Commission (CEC),
such as the model adopted by Georgia. The GOAJ, Mammadyarov
said, believes that a CEC with fifty percent representation
by the opposition "will not be a working model." Fried urged
Mammadyarov to seek advice from the Council of Europe (COE)
and ODIHR on how best to revise Azerbaijan's electoral
commissions, noting that the GOAJ needs to find a solution
that will meet international standards. Mammadyarov
responded that the GOAJ is working with the COE's Venice
Commission in this regard, and that he was increasing his
involvement in the issue.

--------------
MEDIA FREEDOM
--------------


8. (C) Mammadyarov opened the discussion by stating, "You
know my position. There is no journalist in Azerbaijan in
the real sense." Mammadyarov said he greatly appreciated
U.S. efforts to increase professional training for
journalists and was encouraging the EU to pursue similar
training, possibly by new scholarships to European journalism
schools. He said the GOAJ is "still working on defamation
and decriminalizing libel." Mammadyarov warned that foreign
pressure for the release of jailed journalists should be
reduced, noting that it is "not good" if the GOAJ is seen as
responding to international pressure on this issue. "I share
this view," Mammadyarov added.


9. (C) Fried responded that media freedom is an important
political issue. The recent conviction and sentencing of
journalist Eynulla Fatullayev on terrorism charges does not
look good, nor does the series of arrests and violent attacks
against journalists. Fried urged the GOAJ to investigate and
prosecute the cases of violence against journalists; he noted
that these cases are hurting Azerbaijan's international
standing. Fried said that he had raised Fatullayev's case
with the Minister of Justice, who responded that he could not
comment as the case was under appeal.

10. (C) Fried asked Mammadyarov for an update on the
investigation into the March 2005 murder of journalist Elmar
Huseynov. Mammadyarov responded that the GOAJ had identified
two "hired killers," but it was unclear who had ordered
Huseynov's murders. According to Azerbaijan's Ministry of
National Security, the two killers remain in Georgia,
Mammadyarov said. The Ambassador raised two recent cases of

BAKU 00001356 003 OF 006


violence against journalists, expressing our concern over the
arrest and beating of Yeni Musavat journalist Hakimeldostu
Mehdiyev and the beating of independent journalist Suhayila
Gambarova by court bailiffs while she was covering an illegal
eviction.


11. (C) Fried noted that he had spent time with students at
the Azerbaijan-America Journalism Academy, which is supported
in part by the U.S. Government. The students, Fried said,
seek a way to work honestly in Azerbaijan's complex media
environment, and the U.S. is working to support their
efforts. Fried shared a background paper on U.S. training
programs for journalists. Mammadyarov responded that the
Foreign Ministry also was working to improve the
professionalism of Azerbaijan's journalists. MFA
Spokesperson Khazar Ibrahim briefed Fried on the Ministry's
new weekly briefing for journalists that includes journalists
from independent, pro-government and opposition media, and
efforts to expand on- and off-the-record briefings. Ibrahim
said he would like to include students from the Journalism
Academy in the briefings. He noted that the MFA is
partnering with the British Council to train journalists and
that the Azerbaijan Diplomatic Academy will soon offer
training programs for journalists. Mammadyarov noted that
the Fatullayev case had sparked a debate about the
professionalism of journalists.


12. (C) Fried urged the GOAJ to develop an alternative
dispute resolution mechanism to mediate and resolve libel
complaints. He noted that the U.S. had several good models,
and offered to help arrange a visit by the Minnesota Press
Council. Mammadyarov asked whether Azerbaijan's Human Rights
Ombudswoman could play a helpful role in resolving libel
complaints. Mammadyarov promised to look into this model,
but said the problem was rooted in the "maturity" of
Azerbaijan's society and institutions. "You cannot expect us
to develop overnight," Mammadyarov added, "but we are moving
in this (the right) direction."

--------------
RESPECT FOR HUMAN RIGHTS
--------------


13. (C) Mammadyarov said that the GOAJ has been working with
the COE's Venice Commission to revise its law on freedom of
assembly. The next meeting on this issue will be held in
November in Baku, and Mammadyarov said the GOAJ plans to
present a draft law to parliament in its spring 2008 session.
While she welcomed the news, the Ambassador noted that civil
society and political parties continue to face severe
restrictions on their ability to peacefully assemble. A
coalition of NGOs plan to seek permission for a rally on
December 10 to mark International Human Rights Day, and she
urged the GOAJ to allow this rally to take place. The
Ambassador promised to send Mammadyarov information regarding
the planned rally. The Foreign Minister acknowledged that
the Mayor of Baku, who has consistently denied requests for
protests for nearly a year, is "a problem."


14. (C) The Ambassador raised the United States' concerns
about religious freedom in Azerbaijan, noting that we had
information that some groups were under increasing pressure.
Baptist Pastor Zaur Balaev, for example, had been arrested on
property charges that the Baptists consider to be harassment.
Mammadyarov said he is very familiar with this case. Balaev
had been engaged in illegal construction and, when the court
ordered a halt to the construction, Balaev resisted arrest.
He was charged and convicted of resisting arrest (Article
315.1 of the criminal code),and his conviction was held up
on appeal. Balayev "always has problems," Mamnadyarov said;
he and the Jehovah's Witnesses "create headaches for
everyone." "If they follow the rules," Mammaydarov said,
"there will be no problems." He urged the Ambassador to
raise these concerns with Sheikh Pashazade, the head of the
Caucasus Muslim Board. Mammadyarov added that he personally
may be willing to intervene on a case-by-case basis.


15. (C) The Ambassador noted that Muslim groups also were
under increasing pressure. Mammadyarov acknowledged that the
Ministry of Internal Affairs had gone overboard in its
efforts to appear responsive to recent terrorist threats,
even arresting Ministry of National Security agents working
within certain Islamic groups. The Ambassador responded that
the threat of extremism in Azerbaijan made it even more
important to encourage moderate Islam; discussion and

BAKU 00001356 004 OF 006


openness, she said, are good for Azerbaijan. Mammadyarov
said that the GOAJ is working to promote moderate Islam, but
also is working to keep out foreign influences. He
acknowledged this is difficult, noting that Azerbaijan's law
preventing foreign imams from leading prayer services was
creating tensions with Turkey, as the GOAJ currently was
asking that a prominent imam leave. "We have free worship in
Azerbaijan," he said, "just look at Guba" (where a Jewish
community has existed for many years). The Ambassador said
the U.S. wants to work with Azerbaijan to preserve its
reputation on religious freedom.


16. (C) Noting that he had a lively discussion with
religious analysts about prospects for extremism in
Azerbaijan, Fried urged the GOAJ to find the right balance
between its legitimate security concerns and the legitimate
values of tolerance and freedom of conscience. Mammadyarov
acknowledged the need for balance, stating that education is
key. He added that Iran is working hard to promote its own
agenda, sending young Azerbaijanis to study in Qom. The
Ambassador expressed concern that GOAJ controls over Islamic
education could prove detrimental, adding that the State
Committee for Religious Affairs had recently closed
GOAJ-sanctioned Koranic classes, driving students to pursue
unofficial studies that potentially could advocate
radicalism. Mammadyarov responded that, in his personal
view, it is better to have poorly educated mullahs, as
"people don't listen to them." Fried offered to arrange
connections with U.S. moderate Islamic thinkers, noting that
his Special Advisor Farah Pandith had traveled to Azerbaijan
and could provide programming ideas. Mammadyarov welcomed
the idea, noting that as Chair of the OIC Foreign Ministerial
Conference, Azerbaijan had sought to build closer ties
between the OIC and the U.S.

--------------
CIVIL SOCIETY
--------------


17. (C) Mammadyarov provided an overview of the GOAJ's plans
to provide financial support for NGOs, announced in a July 27
presidential decree (ref b). Mammadyarov said the GOAJ
planned to implement the new NGO concept in a spirit of
partnership and transparency, and had been working with the
international community to seek its feedback on international
best practices. (Comment: Emboffs and others in the
international community have attended several meetings with
Presidential Advisor Ali Hasanov on this issue, stressing
repeatedly that any GOAJ support for NGOs must be provided in
a way that strengthens, rather than hinders, the development
of civil society.) Mammadyarov said the Presidential Apparat
was developing plans for a new state agency that will
administer GOAJ support for NGOs, commenting that this
reflected old style "Soviet" approaches and plans to raise
his concerns with President Aliyev. Fried and the Ambassador
noted that state structures to oversee civil society would
neither be effective nor appropriate. They gave Mammadyarov
and his staff copies of the Secretary's NGO Principles and
encouraged the GOAJ to formally endorse them. Mammadyarov
noted that he had received the NGO Principles from then-DRL
A/S Lowenkron and said that he hoped to work with Lowenkron
in his new position with the MacArthur Foundation to
introduce similar grant-making bodies in Azerbaijan.


18. (C) Mammadyarov acknowledged that the GOAJ had made no
progress in registering the Election Monitoring Center (EMC).
With some frustration, Mammadyarov said this is "another
ridiculous situation," explaining that the Ministry of
Justice acknowledged that EMC had been working for many years
in Azerbaijan. The Ambassador emphasized that EMC, in fact,
was not able to complete its full range of election
observation work without registration, as it could not file
election complaints. Mammadyarov acknowledged the problem
and said that he had raised EMC's registration with both the
Minister of Justice and Presidential Chief of Staff Ramiz
Mehdiyev. "Sometimes they are so ridiculous," Mammadyarov
said, "the mentality is a problem."

--------------
RULE OF LAW
--------------


19. (C) The Ambassador briefed Mammadyarov on the Embassy's
views on the GOAJ's new anti-corruption plan (ref c),noting
that we believed certain elements of the plan could be the

BAKU 00001356 005 OF 006


basis for an effective attack on corruption. Specifically,
the plan contained commitments to implementing financial
disclosure laws for public officials, a commitment to
enhancing the capacity and independence of the Prosecutor
General's Anti-Corruption Office, a commitment to harmonizing
and streamlining licensing procedures, and plans for regular
monitoring and reporting, including by civil society. The
Ambassador urged the GOAJ to establish an independent
advisory committee to oversee anti-corruption efforts and
suggested that the GOAJ include formal civil society
representation in its State Anti-Corruption Committee. The
Ambassador said that the new, ministry-specific action plans
will be key and urged the GOAJ to require specific
objectives, clear indicators, strict deadlines, and
systematic monitoring systems in each ministry's
anti-corruption plan. Mammadyarov said he had not yet heard
of this requirement for ministry-specific anti-corruption
plans and had received no instructions on this issue.


19. (C) Mammadyarov responded that the GOAJ's recent
decision to implement "one-stop shopping" for new business
registration at the Ministry of Taxation (ref d) was a "huge
improvement" in Azerbaijan's business climate. Mammadyarov
said the GOAJ now would be required to register new
businesses within 12 days, noting that "you can imagine how
hard" it was to implement this change. While the U.S.
welcomed this development, the Ambassador noted that
information from business seemed to indicate that corruption
was getting worse. The U.S. was committed to helping
Azerbaijan combat corruption and was partnering with the
Council of Europe on an innovative anti-corruption assistance
program.


20. (C) The Ambassador pressed the GOAJ to present new draft
anti-money laundering and counter-terrorist finance
legislation to Parliament, and to establish a Financial
Intelligence Unit as pledged during the U.S.-Azerbaijan
Economic Partnership Commission. MFA staff responded that
the new laws had been drafted and were being reviewed by
Moneyval experts. The Ambassador countered that, according
to U.S. information, the draft laws had been reviewed by
Moneyval and U.S. experts quite some time ago and has been
under review by the Presidential Apparat. The MFA insisted
that the draft legislation had not yet been presented to the
Council of Europe. Mammadyarov noted that the GOAJ had
signed on to the first European Convention on
counter-terrorism finance and was about to sign a second
European Convention on seizure of illegally gained assets.
Mammadyarov acknowledged that, in the area of anti-money
laundering and counter-terrorist finance legislation,
Azerbaijan makes the right commitments but has problems in
its implementation.


21. (C) Mammadyarov provided an update on Azerbaijan's
judicial reforms. He noted that the 55 new judges were
appointed in July, and said the GOAJ was embarking on a new
USD 26 million judicial reform project with the World Bank
that would build 17 new court houses, upgrade the judiciary's
IT systems and providing training for judges. Mammadyarov
added that the GOAJ also will spend USD 30 million to build a
new Supreme Court building. The Ambassador urged the GOAJ to
pursue reform of its Soviet-era Collegium of Lawyers and
establish a new, independent bar association, giving
Mammadyarov a concept paper that outlines specific
suggestions. Mammadyarov urged the Ambassador to also share
the paper with the Ministry of Justice.


22. (SBU) Mammadyarov repeated his earlier concerns
regarding tax payments by the Embassy's local staff. He
noted that, under Azerbaijani law, foreign companies are
contractually obligated to pay their employees' taxes and
said the U.S. Embassy was not meeting this requirement. He
added that the Embassy also was remiss its obligation to
accredit its local staff. The Ambassador noted Vienna
Convention obligations, and Fried responded that the U.S.
understood Azerbaijan's position on this issue and, as the
Ambassador had stated earlier, was working on a solution.

--------------
REGIONAL AND SECURITY ISSUES
--------------


23. (C) Referring to Fried's earlier conversation with
President Aliyev (septel),Mammadyarov said that "of course"
Azerbaijan is serious about efforts to find a solution to the

BAKU 00001356 006 OF 006


Nagorno Karabakh (NK) conflict. Commenting that Sarkisian is
"ready to do everything to ensure a smooth transition to the
President's office," Mammadyarov said "we'll see what happens
when he comes to office. Sarkisian can't serve ten years
without tough decisions on the conflict." In response to
Mammadyarov's concern that Kosovo could prove problematic for
an NK solution, Fried said that Kosovo is not a precedent for
NK or any other regional conflicts. Mammadyarov urged the
U.S. to support GUAM's UNGA resolution on conflicts, noting
that Azerbaijan understands the resolution won't solve
anything but "we need something in hand for domestic
reasons." Fried emphasized that the GUAM resolution should
contain language about self-governance and said he would like
to discuss this issue further at the OSCE Ministerial. Fried
mentioned that the U.S. has been intensively engaged in
finding a solution for the CFE impasse and was urging a
multilateral process. He noted that if the Russians wanted
to open territorial and national ceilings, then Azerbaijan
would have the right to ask for changes. Referring to his
discussions with President Aliyev regarding the Gabala radar
station, Fried also noted that if the U.S. and Russia reach
agreement on a broad-based, regional missile defense system,
there would be implications for Azerbaijan's security.
Mammadyarov urged Fried to be cautious in his public
statements on Gabala, noting that the Iranians were watching
developments very carefully.

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


24. (C) Mammadyarov was decidedly more prepared for this
democracy dialogue meeting. The MFA prepared position papers
for the meeting and had specific information to share on
individual agenda items. As this dialogue develops, we will
seek to develop a more institutionalized process, with a
standing agenda that can bring in decision-makers from key
ministries such as Justice and Internal Affairs. We believe
that this dialogue has succeeded in prodding the GOAJ to take
long overdue action on a few issues, including appointment of
the 55 new judges. We also believe the dialogue provides
some cover for Mammadyarov and the MFA to take a more
activist role in promoting democracy with other, more
reluctant GOAJ agencies. Although Mammadyarov sticks to the
GOAJ line about "generational change," we believe he is one
of the few GOAJ officials who genuinely seeks reform, and has
been working actively to promote change not just within the
MFA but with other key institutions as well. We look forward
to working with the Department to identify an opportunity for
the next session of our democracy dialogue.


25. (U) This cable has been cleared by A/S Fried.
DERSE