AMBASSADOR'S APRIL 12 MEETING WITH PRESIDENTIAL

C O N F I D E N T I A L SECTION 01 OF 04 BAKU 000449 SIPDIS SIPDIS DEPT FOR EUR/CARC E.O. 12958: DECL: 04/16/2017 TAGS: PREL PGOV PHUM KDEM KCOR MARR MASS PTER AJ SUBJECT: AMBASSADOR'S APRIL 12 MEETING WITH PRESIDENTIAL CHIEF OF STAFF MEHDIYEV Classified By: Ambassador Anne E. Derse per 1.4 (b,d). ¶1. (C) Summary: During an April 12 meeting with the Ambassador, Presidential Chief of Staff Ramiz Mehdiyev said that President Aliyev was very interested in the upcoming bilateral security consultations; Mehdiyev also expressed his strong support for the talks and promised to urge the Minister of Defense to send appropriate Baku-based representatives to the talks. Noting that he was very satisfied by Foreign Minister Mammadyarov's March trip to Washington, Mehdiyev said that he and President Aliyev believe that Azerbaijan should increase the number of bilateral visits. Following up on Mammadyarov's democracy and human rights discussions in Washington, Mehdiyev said the Presidential Apparat is working on an action plan to implement President Aliyev's December 28 human rights decree, and would welcome assistance and specific suggestions from the US. In response to specific human rights concerns raised by the Ambassador, Mehdiyev said detained MP Huseyn Abdullayev had been "invited" to give his account of the March 16 scuffle at Parliament; Mehdiyev also said that editor Eynulla Fatullayev faces criminal charges for having published "misleading information" about the Khojali massacre. Mehdiyev blamed the media for "abusing" Azerbaijani laws and publishing "insulting, false articles." He also took umbrage at the Ambassador's recent statement that the Azerbaijani Government "regards the opposition press as the enemy," (sic) and questioned why Embassy officials had met Sirus Tabrizli, recently expelled from the ruling Yeni Azerbaijan Party. (Mehdiyev's interpretation of the Ambassador's remarks was not correct.) The Ambassador noted that a free, independent and responsible media is critical to Azerbaijan's democratic development, and that the US believes its best partners are stable, representative democracies that respect human rights. The US, she underscored, supports Azerbaijan's democratic goals and, in that spirit, will continue to raise difficult issues. End summary. SECURITY CONSULTATIONS -------------- ¶2. (C) Presidential Chief of Staff Ramiz Mehdiyev opened his April 12 meeting with the Ambassador by expressing his strong interest in and support for the upcoming bilateral security consultations. After the Ambassador briefed him on the agenda and our desire that these talks elevate, broaden and strengthen our security cooperation, Mehdiyev said it was very important that our security consultations cover a wide range of issues, and that he was pleased to see that the agenda would be so far-reaching. Mehdiyev said President Aliyev is very interested in these talks, and asked whether the Ambassador would like to see President Aliyev before the talks. (The Ambassador said she would appreciate the opportunity.) Mehdiyev promised to convey the request to President Aliyev. He also promised to speak to Minister of Defense Abiyev about the need for a senior, Baku-based official to participate in the talks. DEMOCRACY AND HUMAN RIGHTS DIALOGUE -------------- ¶3. (C) The Ambassador briefed Mehdiyev on Foreign Minister Mammadyarov's March 20-23 meetings in Washington, noting that the US understood that Mehdiyev would play a key role in implementation of Azerbaijan's new anti-corruption and human rights national action plans. She noted that US and other international experts are working closely with the Government of Azerbaijan on its new anti-corruption action plan, and said that Foreign Minister Mammadyarov had suggested that a similar, cooperative international effort would be welcomed by the GOAJ as it drafts its new human rights action plan. The Ambassador also urged the GOAJ to move quickly on finalizing and presenting to Parliament four key pieces of anti-corruption legislation (the anti-terrorist finance and anti-money laundering legislation, conflict of interest legislation, corporate criminal liability and a code of ethics) as it had pledged to during the February 6 Economic Partnership Commission meeting. GOAJ WELCOMES ASSISTANCE ON HUMAN RIGHTS ACTION PLAN -------------- -------------- ¶4. (C) Mehdiyev responded that the GOAJ is ready to work with the US and accept "any advice" on its anti-corruption and new human rights action plans. He noted that the US and Azerbaijan are co-hosting an anti-corruption conference at the end of April that will bring together international BAKU 00000449 002 OF 004 experts to comment on the GOAJ's proposed new action plan. Presidential Legal Advisor Fuad Alasgarov (who leads the GOAJ's anti-corruption efforts) added that the Council of Europe had just concluded a review of the GOAJ's draft new corporate criminal liability law; he also said that Azerbaijan's new conflict of interest legislation is ready and that he would share a draft with the Embassy's Resident Legal Advisor. Mehdiyev said that he welcomes the GOAJ's ongoing, good legal reform cooperation with the US Embassy, adding that similar cooperation does not exist with any other Embassy. ¶5. (C) Delving into more detail on the Foreign Minister's democracy and human rights discussions with DRL A/S Lowenkron (septel),the Ambassador said that Foreign Minister Mammadyarov had pledged that the action plan implementing President Aliyev's December 28 human rights decree would be an important basis to move forward on a range of human rights and democracy issues. She noted that the USG seeks to support Azerbaijan's democratic progress and believes that President Aliyev's new human rights decree could be an important step forward. The Secretary and A/S Lowenkron are very interested in the GOAJ's plans to implement the decree and want to offer all possible assistance. The US also continues to seek progress on specific human rights concerns, such as media freedom -- including the unsolved murder of journalist Elmar Huseynov, unsolved attacks on journalists, and criminal libel cases, including against editor Eynulla Fatullayev -- and continuing due process and rule-of-law problems, such as in the recent detention of Member of Parliament Huseyn Abdullayev. ¶6. (C) Reiterating that he values close cooperation with the United States, Mehdiyev said that Foreign Minister Mammadyarov had briefed him upon his return from Washington and that he was very satisfied with the trip. President Aliyev, whom Mehdiyev inferred also was very satisfied with Mammadyarov's trip, has concluded that Azerbaijan must increase the number of bilateral visits, and that the Foreign Minister -- who is a "good facilitator for the bilateral relationship" -- should travel more frequently to Washington, specifically to bring back US policy recommendations to Azerbaijan. ¶7. (C) Mehdiyev continued that President Aliyev's new human rights decree was "not by accident;" it is well-balanced and shows Azerbaijan's willingness and goals. The action plan implementing the decree is being developed now by the Presidential Apparat, and the GOAJ's ombudswoman has been invited to join the working group. Mehdiyev expects that the action plan will be completed by the middle of May, and said that he would welcome bilateral discussions with the Embassy as the Apparat prepares the action plan. The Ambassador said that the Embassy would offer all possible assistance, and noted that the US had already shared with FM Mammadyarov a list of several specific actions that the GOAJ could take now to improve its human rights record, such as appointing the 55 judges who had passed the new, transparent judicial exams. Mehdiyev pledged that these 55 judges would be appointed "soon," as the commission chair had just returned from an international anti-corruption conference and would take the necessary action. The Ambassador noted that DRL A/S Lowenkron plans to return to Baku in a few months for the next round of the bilateral democracy and human rights discussions, and that it would be helpful if the GOAJ could point to concrete progress before his visit. SPECIFIC HUMAN RIGHTS CASES -------------- ¶8. (C) Turning to the specific media freedom cases raised by the Ambassador, Mehdiyev said that US concerns are a "puzzle." "All media laws are enforced and working," Mehdiyev said; there are "no obstacles" to publishing newspapers in Azerbaijan and it is "regretful" that some in the media "abuse" Azerbaijan's media laws and "pour out insulting, false articles." "We express great tolerance," Mehdiyev said, "in spite of the fact that some papers write blatant lies." He alleged that similar criticisms of the government would not be allowed in the United States. ¶9. (C) Mehdiyev argued that perceived due process problems in the March 19 detention of Member of Parliament Huseyn Abdullayev were due to "pure rumor" on the part of the press. Mehdiyev said that Abdullayev had neither been detained nor arrested before he was stripped of his parliamentary immunity. Instead, Mehdiyev said that Abdullayev had been BAKU 00000449 003 OF 004 "invited" by the Prosecutor General's Office (PGO) to give an account of what happened on the floor of Parliament on March ¶16. MP Fazail Aghamaly, whom Mehdiyev said had been "damaged" in this incident, had filed a complaint with the Prosecutor General. Mehdiyev said that Abdullayev's "interview" at the PGO had occurred at the same time as that Parliament was meeting to vote on whether to strip him of his immunity. Mehdiyev added that Abdullayev had violated the "Azerbaijani mentality" by using obscenities on the floor of parliament. ¶9. (C) On the Huseynov murder, Mehdiyev assured the Ambassador that the GOAJ is extremely interested in solving the case. He said it is "very regretful" that the GOAJ has been unable to bring the murders to Azerbaijan. Azerbaijan's law enforcement authorities have "repeatedly" appealed to the Georgian Government to hand the suspects over but to no avail. Mehdiyev said the GOAJ would continue its efforts until the case is resolved. He said it has been "crystal clear" since the beginning who killed Huseynov, noting that these conclusions have been supported by Turkish law enforcement authorities. The sole issue, he repeated, is to bring the killers to Azerbaijan. ¶10. (C) Noting that there had been some "hue and cry" against Realniy Azerbaijan editor Eynulla Fatullayev, Mehdiyev said this case has been "abused" by the opposition. Fatullayev had published "misleading information," alleging that Azerbaijan -- rather than Armenian -- officials were responsible for the "appalling events in Khojali." Khojali refugees had lodged a complaint against Fatullayev, Mehdiyev said, as had the Azerbaijani military, which "strongly" disagrees with Fatullayev's claims. Fatullayev's allegations are an "insult" to the Azerbaijani people and military, all of whom, Mehdiyev said, know who the real criminal were in Khojali. This has been a criminal case against Fatullayev since the beginning, Mehdiyev said. Moreover, he continued, 70 percent of Realniy Azerbaijan's articles are "against" the President; journalists cannot insult the personality of the President. MEDIA FREEDOM -------------- ¶11. (C) When the Ambassador urged Mehdiyev that a free, independent and ethical media is a vital part of democracy, Mehdiyev noted that the Ambassador had made similar remarks in two recent media events. However, he said that he strongly disagreed with the Ambassador's view that the opposition press is under pressure in Azerbaijan and is "regarded by the government as an enemy." Mehdiyev said he wants "an objective assessment" by the opposition press. "We need a fair struggle, not something based on lies." Mehdiyev said there is only a "slight difference" between opposition newspapers "Azadliq" and "Yeni Musavat" and "Realniy Azerbaijan." All three papers, Mehdiyev said, practice "dirty journalism." ¶12. (C) The Ambassador said that an independent, free media requires independent financing through the development of a robust advertising sector; it also requires professional training to ensure that journalists are independent, objective and ethical. She noted that she recently gave remarks at a journalists' training session, specifically to encourage them to engage in responsible, ethical reporting. The Ambassador reminded Mehdiyev that in a free, independent press, there always will be criticism of government officials. ¶13. (C) Mehdiyev said he welcomed US efforts to train journalists. However, Azerbaijan has been an independent country for 15 years and, during that time, the opposition has failed to develop a "normal" press. The opposition press does not have a mission to report the truth; instead, it seeks to "make money by selling lies." The US has had 200 years to develop a free media, Mehdiyev said, while Azerbaijan has been independent only for 15 years. Azerbaijan's friends must view its situation in a more realistic light, Mehdiyev argued. The Ambassador suggested that Azerbaijan could benefit from the support and experience of its friends to accelerate progress. GOAJ RELATIONS WITH THE OPPOSITION -------------- ¶14. (C) Mehdiyev said he knew that former Deputy Chair of the ruling Yeni Azerbaijan Party Sirus Tabrizli (expelled for having made statements critical of the GOAJ, septel) had been "invited" to the Embassy. Mehdiyev said that President BAKU 00000449 004 OF 004 Aliyev was "surprised" that embassy officials were meeting with Tabrizli as Tabrizli's expulsion from YAP was an "internal party matter." Why, Mehdiyev asked, was the US Embassy meeting with Tabrizli now, particularly "if the current authorities declare the opposition an 'enemy?'" The Ambassador noted that in her recent press interviews, she made it clear that the US Government does not support individuals or particular political parties; it supports democratic processes and institutions in Azerbaijan. It is important that the Azerbaijani Government understand the US position, as both the US and Azerbaijani Governments share the goal of strengthening Azerbaijan's democratic process. Mehdiyev responded that he had read the Ambassador's April 7 Ayna/Zerkalo interview and was satisfied that US views on Azerbaijan's democratic process were "very objective and normal." He said he had recommended that President Aliyev also read that interview but did not know whether he had done so. However, the Ambassador's most recent remarks to the press "slightly violated ethics" when she said that the Government of Azerbaijan "regards the opposition press as the enemy." The Azerbaijani Government can work with the US, Mehdiyev continued, to form a "normal" opposition in Azerbaijan. ¶15. (C) Mehdiyev argued that Azerbaijan's democratic development must be viewed in the context of its security needs. "Security is at the top of our agenda," Mehdiyev said, and Azerbaijan is under constant threat from Iran. Mehdiyev said he had been briefed by Minister of National Security Mahmudov on "recent security threats" and had instructed Mahmudov to share this information with the US Embassy. Mahmudov told Mehdiyev that he needed to "finalize some issues" but then would discuss this information with the Embassy. Azerbaijan lives in a sensitive region at a sensitive time, Mehdiyev said, and therefore cannot take hasty actions. FRIENDS TELL FRIENDS THE TRUTH -------------- ¶16. (C) Mehdiyev noted that Azerbaijan's relationship with the United States is a friendship and a strategic partnership. As such, he said the two countries must "cooperate like friends." The Ambassador said she welcomes the opportunity to exchange views with Mehdiyev on a broad range of bilateral topics - security, energy and democracy. The US firmly believes that its best partners are stable, representative democracies that respect human rights. Azerbaijan's own goal is to develop as a democracy that respects human rights and that, the Ambassador underscored, is the best way to guarantee Azerbaijan's independence and future. The US wants to be a good partner to Azerbaijan and, in that spirit, will continue to raise problems and difficult issues. Referring to an Azerbaijani proverb, the Ambassador noted that in Azerbaijan "friends tell friends the truth." In that spirit, she noted that Azerbaijan has the resources and strong history of democracy to make even more progress on democracy more quickly. COMMENT -------------- ¶17. (C) Mehdiyev's misinterpretation of the Ambassador's remarks about the opposition press demonstrates the degree to which the GOAJ continues to scrutinize our democracy and human rights policies. Nearly 18 months after Azerbaijan's parliamentary election, it is clear that some senior Azerbaijani officials continue to harbor fears that the USG is using its democracy policy as a ploy to effect regime change. Yet Mehdiyev's very positive comments about Mammadyarov's trip to Washington and the upcoming security consultations also reveal a changing attitude toward relations with the US, one which accepts and embraces the US as an important strategic partner for Azerbaijan. Continued, senior-level engagement on the full range of our bilateral agenda -- security, energy, and reform -- are essential to this changing attitude. DERSE