EUR A/S FRIED REVIEWS DEMOCRACY AND HUMAN RIGHTS

C O N F I D E N T I A L SECTION 01 OF 03 BAKU 001361 SIPDIS SIPDIS E.O. 12958: DECL: 11/07/2027 TAGS: PREL PGOV PHUM KDEM AJ SUBJECT: EUR A/S FRIED REVIEWS DEMOCRACY AND HUMAN RIGHTS ISSUES WITH MINSTER OF INTERNAL AFFAIRS AND MINISTER OF JUSTICE Classified By: Ambassador Anne E. Derse per 1.4 (b,d). ¶1. (C) SUMMARY: uring a November 5 meeting with visiting EUR A/SDaniel Fried, Minister of Internal Affairs RamilUsubov said that the Ministry planned to continue to support the democratic reforms and western direction of President Ilham Aliyev. He noted that various democratic and human rights reforms have been undertaken in the MIA over the past 15 years, with over 300 officers punished for human rights and other violations. He argued that Azerbaijan was still emerging from its Soviet legacy and that democratic change required time. He pledged that the MIA, under his leadership would not allow journalists to "insult people or police." He said that the MIA would continue to fully cooperate and assist in the defense and security of the U.S. Embassy in Baku. In a separate November 5 meeting with Fried, Minister of Justice Fikret Mammadov provided an overview of Azerbaijan's judicial reforms. Fried expressed concern over the recent conviction on terrorism charges of journalist Eynulla Fatullayev. Mammadov said he could not comment because the case was under appeal. END SUMMARY. ¶2. (C) During a 75-minute meeting with Assistant Secretary of State for European and Eurasian Affairs Daniel Fried and DCM on November 5, Minister of Internal Affairs (MIA) Ramil Usubov reviewed the 15-year history of the Azerbaijani MIA. Usubov reminded Fried that Azerbaijan was a young country which came from a Soviet past, and that Azerbaijan had no previous experience in human rights or democracy. He highlighted the legislation passed in 1998 which allowed the Azerbaijani police to be formed based on democratic principles, and gave credit to the late Azerbaijani President Heydar Aliyev for creating the conditions in which the MIA was able to develop based on principles of human rights and democracy. Usubov also pointed out the important role that the MIA plays in providing a safe working environment for foreigners, expatriates, and businesspersons. MIA INTERNAL REFORMS ¶3. (C) Usubov noted that the MIA continued to develop and reform, thanking Fried for USG support of various training programs and noting that over 2,000 MIA officers had received training sponsored by western countries. He claimed that the level of illegal activities is decreasing and that the number of human rights violations committed by police, compared to 1998-2000, is down markedly. He thanked the USG for its efforts in this regard. He also touted Azerbaijan,s legislation, which was "up to European standards." Usubov said with pride that that amongst CIS countries, Azerbaijan had one of the lowest crime rates. He noted that there have been 394 cases in which MIA personnel have been disciplined for various violations, resulting in the following punishments: 20 criminal cases opened, 88 have lost their jobs, 33 had their rank reduced, 3 lost their rank, and 250 received another form of punishment (unspecified). ¶4. (C) Fried delivered a tough message stressing the important role that democracy plays in making the state stronger. Briefing Usubov on his earlier meetings with young journalism students and political opposition members, Fried noted U.S. concern about the numerous arrests and beatings of journalists in Azerbaijan, noting that the journalism students were "afraid of the government." He urged Usubov to investigate and punish those behind the beatings of journalists. Fried also pointed out that the United States is working for the evolution of the democratic state. JOURNALISM ¶5. (C) In response, Usubov (who frequently files criminal libel charges) pointed out that "not all cases of irresponsible journalism are being taken to court," and he also pointed out that Fried should not judge the entire situation on "three or four cases" and that a "small number of events, should not cloud the entire picture." He claimed that "relations between journalists and police are relatively good." He noted that Azerbaijan only has had 15 years of independence and that "we can,t have anarchy," adding that 20 percent of Azerbaijani territory was occupied. ¶6. (C) Usubov then pointed out that there was a "press council" where national representatives of the media and Azerbaijani MIA officials have a forum to meet. He said that BAKU 00001361 002 OF 003 through this structure, the MIA is trying to prevent "negative cases." He also claimed that in some cases journalists were "accidentally" beaten up at opposition demonstrations because the police did not know they were journalists. To prevent this from happening in the future, journalists who are covering opposition protests have been provided with "specially designed uniforms" so the police will be able to identify them as journalists and will not beat them. However, he said that the MIA will "not let journalists be irresponsible" and "insult people" or "insult the police". He said that while Azerbaijan is becoming more democratic, the process of trying to apply democratic principles can lead to "anarchy" which in turn can lead to "terrorism." He pledged that the MIA would "create the proper conditions in which the rights of the citizens can be protected." ¶7. (C) Fried made the point that the MOA and the Azerbaijani government in general should "work with the opposition." Usubov responded that they "know the opposition well" and that while some are "good partners," Azerbaijan is "still suffering" from when Isa Gamber and Ali Kerimli were in power. He added that the MIA and President Aliyev are "ready to work with the opposition and young people." MINISTRY OF JUSTICE ¶8. (C) Fried and the Ambassador then met with Minister of Justice Fikret Mammadov. Mammadov thanked Fried for the USG,s support on judicial reform and noted the importance of an independent judiciary in Azerbaijani society. Mammadov noted the importance of independent courts and independent media in a democratic society. Mammadov said that in regard to the "print outlets" in Azerbaijan, there were approximately 3,500 registered print outlets, 2,500 registered non-governmental organizations and 52 registered political parties. He noted that the number of registered NGOs has significantly increased in the past two years. JUDICIAL REFORMS ¶9. (C) Mammadov briefed Fried on the GOAJ,s judicial sector reform program, noting that two new structures have been created. First, election committees have been created for judges that will result in judges being appointed for "indefinite terms." He said that the "election committee" has come up with specific judicial selection criteria, and that the process is "transparent and effective." Second, the salaries for judges have been increased to "25 times" the previous level, in order to combat corruption. Additionally, the number of judges has been increased. Previously there had been only one judge per 25,000 citizens, now there are two judges for each 25,000 citizens. Additionally, the number of appeals courts has been increased from one to five. He said that the designation of all judges was being reviewed and those that have committed violations will not be re-designated. FATULLAYEV CASE ¶10. (C) Fried raised the case of convicted newspaper editor Eynulla Fatullayev, and noted that the "damage to Azerbaijan,s international reputation far outweighs whatever Fatullayev may have done." Mammadov said he could not comment on the case because it was in the appeals process. Fried also pointed out the importance of prosecuting people who beat journalists, and that international monitoring for the 2008 Presidential elections will take place. Mammadov said that he understood and agreed with Fried,s concerns, and noted that especially with regard to prosecution of journalists, or people who may beat journalists, that such decisions and investigations take place in the office of the prosecutor general. ¶11. (C) Separately, the Ambassador raised the case of journalist Sulhellayah Gambarova, who claimed that she had been beaten by court bailiffs, and informed Mammadov that Gambarova planned to file a formal complaint, and asked Mammadov that the complaint be looked into and that justice be carried out. Mammadov said that he was not familiar with the complaint, but said that if what the Ambassador was saying was true, it would be terrible, not only because a journalist was beaten, but because a woman was beaten, and that women should not be treated in such a manner. He BAKU 00001361 003 OF 003 pledged that he would "absolutely" look into the case. ¶12. (C) The Ambassador asked Mammadov about the status of the Election Monitoring Center's pending registration application, noting that EMC has filed six applications and waited five years for action. The Minister replied that while there had been technical problems with EMC's application, the problems have been "removed" and the application would be reconsidered. Comment -------------- ¶13. (C) Minister Usubov raised the issue of alternative dispute resolution for defamation cases unprompted by Ambassador Fried. Usubov himself filed at least two of these cases against prominent journalists. Although it is unclear whether this will signal any change in action, it is certainly an important change in rhetoric. It parallels a six-month period in which no cabinet officials have lodged criminal defamation cases, with the exception of the Minister of Economic Development Babayev, who sued a paper for writing that he had financed the wedding of a U.S. official. The case ended with an apology by the paper, a civil penalty, and no criminal conviction. LU