BAKU COURT DISMISSES DEFAMATION CASE

C O N F I D E N T I A L BAKU 000918 SIPDIS SIPDIS FOR EUR/CARC E.O. 12958: DECL: 07/20/2017 TAGS: PGOV PREL AJ SUBJECT: BAKU COURT DISMISSES DEFAMATION CASE Classified By: Ambassador Anne E. Derse for reasons 1.4 (b, d). ¶1. (SBU) On July 16, a Baku court dismissed criminal charges for defamation against Ganimat Zahid, the editor-in-chief of the opposition Azadlig Newspaper. While local contacts believe this likely is an isolated incident, it is a positive benchmark for the Azerbaijani judicial system. What is important vis-a-vis our judicial reform interests is that a legal precedent for a court ruling against defamation that is linked to Azerbaijan's commitments under the European Convention on Human Rights (ECHR) now exists. ¶2. (SBU) According to Rashid Jajili, who was involved in defending Zahid, the head of the Imishli Railroad company sued Zahid for a May article in Azadlig. The May article accused the head of the railroad company of abuse of state property. Jajili highlighted that Zahid's defense team argued against the defamation charges on the basis of the ECHR, and the judge included a reference to the ECHR in his decision dismissing the case. Jajili noted that this is the first instance of an Azerbaijani judge making a specific reference to the ECHR in his decision. (NOTE: In 2006, another Baku court made reference to the ECHR, but it was general in nature.) ¶3. (SBU) Local contacts were not sure that this case represented a sea change in the Azerbaijani judiciary's approach to defamation cases. Many noted that this case rested on extremely thin evidence and was pporly documented and presented. ¶4. (C) Foreign Minister Mammadyarov, in a discussion of follow-up on the U.S.-Azerbaijan democracy dialogue, highlighted the court decsion to the Ambassador as a positive development (septel). ¶5. (SBU) Comment: It is too early to assess the broader impact of this case. The good news is that the decision creates a positive juridical precedent that could help advance media freedom. DERSE