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

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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

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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