AMBASSADOR MARKS INTERNATIONAL HUMAN RIGHTS DAY BY

C O N F I D E N T I A L BAKU 001484 SIPDIS SIPDIS E.O. 12958: DECL: 12/13/2017 TAGS: PHUM PGOV PREL KDEM KPAO AJ SUBJECT: AMBASSADOR MARKS INTERNATIONAL HUMAN RIGHTS DAY BY MEETING BEATEN JOURNALISTS REF: A. 06 BAKU 746 ¶B. BAKU 1306 ¶C. 06 BAKU 1440 ¶D. BAKU 500 ¶E. 06 BAKU 1870 ¶F. BAKU 1212 ¶G. BAKU 1250 ¶H. 05 BAKU 325 Classified By: AMBASSADOR ANNE E. DERSE PER 1.4(B,D) ¶1. (C) SUMMARY: On December 10, International Human Rights Day, the Ambassador hosted a tea for the journalists who have been subjected to acts of physical violence during the past two years. She noted U.S. concern with Azerbaijan's deteriorating media situation, particularly with cases of harassment and violence against journalists. The journalists shared their experiences and discussed the overall media climate. They explored possible ways forward, and many noted their appreciation for the Embassy's efforts in their cases and urged the Embassy to continue this work. We remain concerned by the lack of tangible progress in the investigations of these cases, and will continue to press GOAJ contacts to vigorously investigate these cases and prosecute those responsible for attacks on journalists. END SUMMARY ¶2. (C) In honor of International Human Rights Day, on December 10, the Ambassador hosted a tea for the journalists who have been subjected to acts of physical violence during the past two years. The Ambassador opened by noting that the U.S. wants to see Azerbaijan succeed as a truly modern, independent state with strong democratic institutions, including a strong and independent media. She noted concern with Azerbaijan's deteriorating media situation, and emphasized that the U.S. believes an independent media is the guarantor of democratic freedom. The Ambassador said the exercise of violence against any citizen is unacceptable, but that it is particularly abhorrent when used against journalists who are trying to report the truth. She noted that the USG regularly raises these concerns with the GOAJ, and presses specifically for vigorous investigation and prosecution of acts of physical violence agains journalists. Soliciting the group's opinions o how best the USG can engage on media freedom issues, the Ambassador said there is need for renewed commitment between the GOAJ, media representatives, and civil society groups to work together to solve this issue. ¶3. (C) Bizim Yol newspaper Editor-In-Chief Bahaddin Haziyev 
noted his disappointment that the meeting was a result of so many negative events, listing as examples the 2005 murder of journalist Elmar Huseynov, the imprisonment of many of his colleagues, and the closure of Realny Azerbaijan and Gundelik Azerbaijan newspapers. According to Haziyev, there is a battle for an independent media underway in Azerbaijan, and like all battles, there have been casualties. But, said Haziyev, "every battle has rules. The journalists in this room have suffered as a result of the government's violation of these rules." Haziyev suggested that the GOAJ could cooperate with journalists by taking actions in three areas: media freedom; security of journalists; and financial and technical support to media outlets. (Haziyev reportedly was abducted and beaten by unknown assailants on May 18, 2006 - ref a. His assailants ran their car over his legs and warned him to stop writing critical articles.) ¶4. (C) Emin Fatullayev, the father of jailed Editor-In-Chief of Realny Azerbaijan and Gundelik Azerbaijan newspapers Eynulla Fatullayev, said it was interesting that the Embassy organized such a gathering, not the GOAJ. He recounted the turbulent history of his son's work, including the May eviction of the newspapers from their offices and subsequent suspended publication, and Eynulla Fatullayev's current imprisonment. According to Fatullayev, his son was accused of taking actions against the state, when he was actually working to help Azerbaijan by exposing corruption. He concluded that the GOAJ should realize harassment and violence against journalists will not change the population's mentality, saying "we will always call a spade a spade." (Eynulla Fatullayev was convicted of libel, supporting terrorism, inciting hatred, and tax evasion, and sentenced to eight and a half years' imprisonment - ref b. Emin Fatullayev was kidnapped by unknown assailants on September 30, 2006, and held for three days. He was reportedly released after Eynulla Fatullayev agreed to cease both publications - ref c.) ¶5. (C) Gundelik Azerbaijan editor Uzeyir Jafarov said that Azerbaijan's journalists want their relations with the GOAJ to be "sincere," but that the GOAJ is not behaving sincerely. According to Jafarov, President Aliyev is a well-educated person, but "certain members of his team" are rude in dealing with the population. He asked the Ambassador to convey to President Aliyev that Azerbaijan does not need so many problems, "especially on the eve of the presidential election." He also asked her to encourage ambassadors from other countries to be more active and engaged on media issues. Turning to acts of violence against journalists, Jafarov said that he and his colleagues have been attacked in ways that result in residual damage to their health, so that they would later die a "natural death." (Jafarov reportedly was beaten on the head with a metal object on April 20 after Editor-In-Chief Eynulla Fatullayev's libel conviction was announced - ref d. He believes a police officer was the assailant.) ¶6. (C) Azadliq newspaper correspondent Fikret Huseynli said that he believed his articles exposing corruption and state misappropriation resulted in the attack against him. He agreed with Jafarov that attacks on journalists are conducted in a manner to create health problems that linger long after the incident. Huseynli recounted Azadliq newspaper's extensive operating problems, including the attacks on him and his colleague Nijat Huseynov, the detention of Editor-In-Chief Ganimat Zahid, the newspaper's financial difficulties brought on by myriad libel lawsuits, and the newspaper's November 2006 eviction from its office building. Huseynli thanked the Embassy for its efforts in his case, and noted the need for continued Embassy assistance both on a political and technical level. (Huseynli reportedly was abducted, beaten, drugged, and abandoned on the outskirts of Baku by unknown assailants on March 6, 2006. Prior to the abduction, he had received threats warning him to stop writing and quit his job.) ¶7. (C) Azadliq newspaper correspondent Nijat Huseynov raised his concern that none of the attacks against those present at the meeting have been seriously investigated. This lack of punitive action, he said, encourages those who commit such acts to continue. When the tried-and-true methods do not work, Huseynov said, the GOAJ moves on to new means of pressure, such as imprisoning journalists on fabricated charges, such as "hooliganism" (in the case of detained Azadliq Editor-In-Chief Ganimat Zahid),or narcotics possession (in the case of jailed Azadliq satirical journalist Sakit Zahidov). He noted that on a daily basis, he is unsure whether he will arrive at home or at work alive or unharmed. Without intervention, Huseynov believes that the media situation will further deteriorate and create horrible conditions for the October 2008 presidential election. He said that the Embassy's efforts in media cases have been effective, and requested continued Embassy assistance, particularly in seeking pardoning for the imprisoned journalists. (Huseynov reportedly was beaten and stabbed outside his apartment by four unknown assailants on December 25, 2006 - ref e.) ¶8. (C) Yeni Musavat newspaper Nakhchivan correspondent Hakimeldostu Mehdiyev said it was unfortunate that while other countries were celebrating International Human Rights Day, the occasion had to be marked in Azerbaijan by discussing problems and human rights violations. He outlined the situation in Nakhchivan, noting that the exclave was the most closed place in Azerbaijan, with a regime similar to that of Saddam Hussein or Hugo Chavez. Mehdiyev shared his belief that he had been released from detention because of Emboff's visit to Nakhchivan. (Mehdiyev reportedly was beaten while in the custody of the Sharur region Ministry of National Security (MNS) branch between September 22 and 23 - ref f. He sustained a broken rib, damage to his ear drums, and severe bruising to his arms and legs. Mehdiyev is currently in Baku, where he fled from Nakhchivan after receiving a threat from Sharur region MNS Chief Vali Alasgarov, who reportedly told him to "get out" of Nakhchivan, adding, "Let's see how much the Americans help you now.") ¶9. (SBU) Impulse newspaper reporter Suheyla Gambarova also attended the tea, but did not speak during the meeting. Gambarova reportedly was beaten by Ministry of Justice court bailiffs while covering a forced eviction on September 28 - ref g. The incident resulted in Gambarova's hospitalization, and she was diagnosed with hemorrhaging of the brain and memory loss; she also sustained a broken nose, broken teeth, and bruising on her legs and the soles of her feet. To date, Gambarova's vision has not fully returned, and she may need spinal surgery. Sabir Huseynov, the father of late journalist Elmar Huseynov, was also invited, but was out of the country. Huseynov was the Editor-In-Chief of Monitor magazine, and was shot and killed by unidentified assailants as he entered his apartment on March 2, 2005 (ref h). To date, his murder remains unsolved. ¶10. (C) COMMENT: The physical attacks against these and other journalists are a disturbing aspect of Azerbaijan's tense media freedom environment. We are particularly concerned by the GOAJ's failure to investigate these cases and prosecute those responsible for the attacks, and will continue to press GOAJ officials to take action. It is encouraging to note that, although gathered for sobering reasons, many of these journalists maintained the attitude that their work could have a positive impact on Azerbaijans future. DERSE