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

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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

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"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

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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