Identifier
Created
Classification
Origin
07BAKU918
2007-07-20 13:25:00
CONFIDENTIAL
Embassy Baku
Cable title:
BAKU COURT DISMISSES DEFAMATION CASE
how-toVZCZCXRO8287 PP RUEHDBU DE RUEHKB #0918 2011325 ZNY CCCCC ZZH P 201325Z JUL 07 FM AMEMBASSY BAKU TO RUEHC/SECSTATE WASHDC PRIORITY 3530 INFO RUCNCIS/CIS COLLECTIVE PRIORITY RUEHVEN/USMISSION USOSCE PRIORITY 0627
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).
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
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