DRL A/S LOWENKRON'S DECEMBER 19 MEETING WITH

C O N F I D E N T I A L SECTION 01 OF 04 BAKU 000079

SIPDIS

SIPDIS

DEPT FOR DRL A/S LOWENKRON, EUR A/S FRIED

E.O. 12958: DECL: 01/18/2017
TAGS: PREL PGOV PHUM KDEM IR RU AJ
SUBJECT: DRL A/S LOWENKRON'S DECEMBER 19 MEETING WITH
PRESIDENTIAL CHIEF OF STAFF RAMIZ MEHDIYEV

Classified By: Ambassador Anne E. Derse for reasons 1.4 (b,d).


1. (C) Summary: During a December 19 meeting, Presidential
Chief of Staff Ramiz Mehdiyev assured DRL A/S Lowenkron that
"in line with President Aliyev's recommendation," independent
ANS TV will participate in the tender for its frequency and
"its activities will be fully restored." Mehdiyev blamed
problems in the Azerbaijani media on the opposition and the
media itself, arguing that the media prints "libels, lies and
rumors" about senior GOAJ officials, including President
Aliyev. Insisting that the GOAJ wants "real debate" with a
"constructive opposition," Mehdiyev blamed the "radical
opposition" for the current lack of dialogue. He later said
the GOAJ would consider ways for President Aliyev to show his
political support for a GOAJ-opposition dialogue "if you
advise us to do so." Mehdiyev acknowledged that much work
remains to be done to combat corruption in Azerbaijan and
invited the USG and other international partners to
participate in a working group that is developing the GOAJ's
new anti-corruption program. In response to a query from
Lowenkron, Mehdiyev said the GOAJ had identified the killers
of journalist Elmar Huseynov but needed help in arresting and
extraditing them from Georgia. Mehdiyev also said the GOAJ
needed to find out "who organized the crime," noting that
former senior Minister of Internal Affairs official Haji
Mammadov had linked jailed ex-Minister of Economic
Development Farhad Aliyev to the crime. Mehdiyev urged the
U.S. to view Azerbaijan's internal developments through a
geopolitical prism, noting that Azerbaijan is surrounded by
Russia and Iran, and that Iran recently has stepped up its
threats against Azerbaijan. End summary.


2. (U) Assistant Secretary for Democracy, Human Rights and
Labor Barry Lowenkron, accompanied by the Ambassador, met
Presidential Chief of Staff Ramiz Mehdiyev on December 19.
(DRL/AE Deputy Director Lisa Heller, Foreign Affairs Officer
Wendy Silverman, and Pol/Econ Chief (notetaker) also
accompanied.) Mehdiyev was accompanied by Presidential
Advisor for Legal Affairs Fuad Alasgarov and Presidential
Advisor for Political and Social Issues Ali Hasanov.

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US PRIORITIES
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3. (C) Lowenkron told Mehdiyev that there were two reasons
for his trip: to underscore the critical importance of the
U.S.-Azerbaijan relationship; and to follow up on President
Aliyev's successful April visit to Washington. Following
Aliyev's visit, US policy toward Azerbaijan has focused on
three areas of shared interest: security, energy, and
democratic reform. Lowenkron emphasized that these three
areas are mutually reinforcing and have been fully endorsed
by all levels of the U.S. Government, including by Secretary
Rice. He added that the USG appreciated Aliyev's
reaffirmation in Washington of his commitment to democratic
reform. While the U.S. saw progress in some areas, such as
judicial exams and some anti-corruption legislation, we
continued to have concerns in key areas such as media freedom
and the political process.

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MEDIA FREEDOM
--------------


4. (C) Underscoring that the closure of independent ANS
Television was perceived as an effort to clamp down on media
freedoms, Lowenkron asked Mehdiyev to explain the current
state of media freedom in Azerbaijan. Lowenkron also
expressed USG concern about the inclusion of libel within
Azerbaijan's criminal code. Repeating many of the GOAJ
arguments presented to the Ambassador during the ANS closure,
Mehdiyev said that media issues in Azerbaijan are
"politicized and exaggerated." He said that Azerbaijan had
adopted a series of laws that ensured a free media
environment. Mehdiyev pointed to Azerbaijan's 2,600 mass
media outlets as evidence that there are no legal
prohibitions on the media. He asserted that "anyone" in
Azerbaijan is able to open a newspaper; the only requirement
is notification to the Ministry of Justice.


5. (C) Mehdiyev said that Azerbaijan's media is to blame for
many of the current problems. The Azerbaijani media,
Mehdiyev said, "doesn't want to run its activities like the
media in Europe or the U.S." Instead, Mehdiyev argued that
that the Azerbaijani media does not want to live by the

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rules. "If we are building democracy in Azerbaijan,"
Mehdiyev said, "the law must apply to everyone." He said the
GOAJ had created the Council on Mass Media to try to address
this problem, to ensure that the media "builds its activities
in accordance with its legal responsibilities."


6. (C) Mehdiyev said that the closure of independent ANS
Television was "not linked to the leadership" and did not
have a "political side." He said that the closure resulted
from a conflict between ANS and the National Television and
Radio Council (NTRC),the GOAJ's media regulator. Mehdiyev
said that the NTRC had given ANS 11 warnings of regulatory
violations, yet ANS had been operating without a license for
more than two years. Mehdiyev asserted that no democratic
country would allow a television station to operate without a
license for more than two years. Given that this was a
matter between the NTRC and ANS, Mehdiyev said the solution
should be found "between the two sides." Mehdiyev noted that
the NTRC had issued a tender for ANS' broadcast frequency and
had informed ANS that it was eligible to participate in the
tender. Adding that President Aliyev had expressed his view
that the NTRC should find a solution to this problem,
Mehdiyev said he believes a solution can be found. Pointing
out that the NTRC had allowed ANS to resume broadcasts
without a license, Mehdiyev concluded "I think everything
will be all right." When pressed by Lowenkron to clarify the
GOAJ position, Mehdiyev repeated that "in accordance with the
President's recommendation," ANS will "participate in the
tender for its frequency and fully restore its activities."


7. (C) Repeating that the current government -- that of
former President Heydar Aliyev and current President Ilham
Aliyev -- did not have a political problem with ANS, Mehdiyev
said that other governments had previously tried to close
ANS. Former President Elchibey had closed ANS in 1992,
Mehdiyev said, and former Speaker of Parliament Rasul Guliyev
also tried to do the same, although Heydar Aliyev resolved
that situation. "I assure you," Mehdiyev told Lowenkron, "we
stand for ANS, not against it."


8. (C) Mehdiyev alleged that Azerbaijani newspapers
routinely print "bad information about high-ranking
officials." As an example, he cited a newspaper article that
allegedly claimed Mehdiyev's father had fled to Iran and
Turkey to escape military service in World War II, and then
fought against the Azerbaijani state in 1948, at which point
he was killed by a KGB agent. Mehdiyev said the article
further claimed that the son of "such person" was not fit
to be a high-ranking Azerbajani official. Mehdiyev argued
that Azerbaijani ociety takes such articles seriously and
views tem as an "insult against the dignity of high-rankig
officials, that cast a shadow on officials' reutations."
Mehdiyev claimed that the GOAJ toleraes such articles, but
the "Caucasus mentality" cannot tolerate them. He further
claimed that the "majority" of Azerbaijani newspapers are in
the same situation. "You won't find a single day that an
opposition newspaper doesn't write libels, lies and rumors
about the President," Mehdiyev said. He claimed that recent
headlines had reported that President Aliyev had "beaten up"
several of his ministers. Nevertheless, Mehdiyev said that
President Aliyev routinely appeals to senior GOAJ officials
not to file libel suits against newspapers.

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DIALOGUE WITH THE OPPOSITION
--------------


9. (C) Turning to the issue of the opposition, A/S Lowenkron
noted that the President had proposed another dialogue
between the government and the opposition. This would be a
positive step and consistent with his Washington statement in
support of democratization. A dialogue also could help to
address the OSCE's electoral reform recommendations, freedom
of assembly, and other issues. Lowenkron then asked Mehdiyev
where he saw the issue of dialogue going, and how the US
could help.


10. (C) Mehdiyev argued that problems in the Azerbaijani
media can be linked to the "mood of our opposition." We
understand that we must have an opposition in a democratic
society, Mehdiyev said, and the leadership is ready to
cooperate with a "constructive" opposition. We are ready to
engage in a sound political context with a constructive
opposition, he repeated; we are happy to see good ideas and
projects from the opposition. But the assistance of our US
friends is needed to help navigate this transition, Mehdiyev

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said.


11. (C) Elaborating on the need for a "constructive"
opposition, Mehdiyev said that a true dialogue between the
opposition and government should be a debate. Mehdiyev
claimed that the opposition had resorted to violence in the
"last several years," and that "everyone" in the "radical
opposition" thinks this way. Asserting that today's
opposition had acceded to power with violence in 1992,
Mehdiyev said the opposition continues to believe it can use
violence to come to power; (Comment: 1992 HRR states that the
Popular Front responded to Mutalibov's parliamentary coup and
"took power in a nearly bloodless countercoup.") He also
alleged that the opposition does not want to abide by
Azerbaijan's laws. He added that the opposition prefers to
issue "groundless statements" instead of organizing its own
affairs and argued that the "known radicals" within the
opposition's leadership should be replaced. Mehdiyev claimed
that there are young, "forward-thinking" individuals within
the opposition whom the established leadership does not allow
to progress within its ranks. He called upon the opposition
to give up "extremism and violence" and develop concrete
platforms, something he said "none" of the Azerbaijani
opposition had developed. Mehdiyev also urged the United
States to provide the opposition training in the basics of
party-building (Note: This is something we already provide
through our USAID Democracy and Governance programs).


12. (C) Noting that neither violence nor intimidation should
play any role in the political process, Lowenkron urged the
GOAJ to engage the opposition. Mehdiyev agreed that
engagement through dialogue was important, but complained
that the opposition historically had insisted on holding a
dialogue directly with President Aliyev. In previous rounds
of dialogue, Mehdiyev said, the Presidential Apparat and the
ruling Yeni Azerbaijan Party (YAP) had invited the opposition
to conduct a dialogue with YAP, an offer the opposition found
unacceptable. The opposition "stops everything," Mehdiyev
said. He further alleged that "this opposition doesn't
recognize this President," arguing that the opposition in its
media outlets and public conferences "never" identifies Ilham
Aliyev as the "President of the Republic." "We want
dialogue," Mehdiyev said, "the problem is on their side."


13. (C) Lowenkron urged the GOAJ to find some way for
President Aliyev to show his support for dialogue with the
opposition, even if he himself did not participate in every
meeting. He could kick off the dialogue and re-engage
personally in the course of these efforts. Mehdiyev noted
that Azerbaijan had experience with this sort of dialogue, as
then-President Heydar Aliyev had previously gathered all
opposition leaders for dialogue before the opposition
"violated" the initiative. "We are ready to do this again,"
Mehdiyev said "if you advise us to do so." Lowenkron
responded that a GOAJ offer to begin dialogue with the
opposition would be a very good signal.

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ANTI-CORRUPTION
--------------


14. (C) Noting Mehdiyev's role as Chair of the GOAJ's
Anti-Corruption Committee, Lowenkron asked Mehdiyev for an
assessment of GOAJ anti-corruption achievements to-date.
Mehdiyev responded that Azerbaijan had made progress over the
last two years. The GOAJ has created the legal grounds for
anti-corruption measures, including the creation of the
"necessary institutions." Mehdiyev noted that, in reflection
of Azerbaijan's progress, its rating on Transparency
International's index of corruption perception had improved.
However, he recognized that much work remains to be done,
noting that the GOAJ is working on a new strategic program to
combat corruption. Mehdiyev said he would welcome
cooperation from the US and other international partners on
the "preparation and elaboration" of the new GOAJ
anti-corruption plan. Both Lowenkron and the Ambassador
welcomed this offer. Mehdiyev then pledged to create a
working group of "international organizations and state
bodies" that will cooperate on the new GOAJ anti-corruption
plan. Mehdiyev invited Pol/Econ chief to meet with
Presidential Legal Advisor Fuad Alasgarov to begin talks on
the new working group.

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ELMAR HUSEYNOV'S MURDER
--------------

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15. (C) Lowenkron asked Mehdiyev for an update on the GOAJ's
investigation into the March 2005 murder of journalist Elmar
Huseynov. Noting that the GOAJ had immediately asked for -
and received assistance from -- Turkish law enforcement
authorities and the FBI -- Mehdiyev said the GOAJ has
identified the murderers and provided concrete information,
including their addresses, to the Georgian authorities.
Although the GOAJ has appealed to the Government of Georgia
to arrest and extradite these individuals, the Georgian
Government has refused. Mehdiyev said he would welcome US
assistance to "catch and arrest" the perpetrators. He added
that the GOAJ still needs to find out "who organized this
crime," as the GOAJ believes that the two Georgian citizens
likely were acting on the orders of someone else. Mehdiyev
noted that the "biggest criminal gang in Azerbaijan," (the
gang led by former senior Ministry of Internal Affairs
official Haji Mammadov) had alleged that former Minister of
Economic Development Farhad Aliyev was linked to Huseynov's
murder. Lowenkron commented that there are still many
unanswered questions surrounding the murder.

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GEOPOLITICAL CONSIDERATIONS
--------------


16. (C) In closing, Mehdiyev thanked Lowenkron for his
visit. He noted that President Aliyev considers the U.S. a
strategic partner, and said that an increased number of
visits will lead to a strengthening of the bilateral
relationship. Mehdiyev also noted that Azerbaijan faces a
very complex geopolitical situation; surrounded by Russia and
Iran, in conflict with Armenia and threatened by a "fifth
column of Iranians in Azerbaijan," it is difficult for
Azerbaijan to maintain a stable and democratic state.
Azerbaijan relies on the U.S. in this situation, Mehdiyev
said, but the U.S. must view Azerbaijan's internal
developments through a wider optic. Mehdiyev noted that
Iranian Supreme Leader Khamenei had threatened to attack
Azerbaijan, that Iranian Azeri-language television stations
routinely criticize President Aliyev, and that opposition
leader Isa Gambar had received a lot of Iranian press
coverange during Azerbaijan's 2003 presidential election. In
such a case, Mehdiyev said, we want the U.S, our friend, to
be helpful and understand that we live a complicated region.


17. (U) A/S Lowenkron cleared this message.
DERSE