FURTHER WORRYING STEPS ON RULE OF LAW IN LATVIA

S E C R E T SECTION 01 OF 02 RIGA 000741

SIPDIS

NOFORN
SIPDIS

E.O. 12958: DECL: 10/02/2017
TAGS: PGOV KCOR SNAR LG
SUBJECT: FURTHER WORRYING STEPS ON RULE OF LAW IN LATVIA

REF: A) TD-314/66500-07 B) RIGA 731

Classified By: Pol/Econ Chief Tamir G. Waser. Reason: 1.4 (D)


1. (S/NF) Summary: Additional developments on rule of law in
Latvia only add to our concern. Late September 28, we became
worried that there was a move afoot within the Latvian
government to sack prosecutor General Maizitis. We strongly
warned senior levels of the GOL against such a move, noting
that in the context of other recent developments, it would
have serious, negative consequences for the Latvian-U.S.
relationship. We are also stepping up our anti-corruption
message to the opposition, while noting that they have plenty
of skeletons in their own closets to deal with. At a meeting
of foreign diplomats with the anti-corruption bureau, we
voiced our strong support for the organization's work. Not
surprisingly, EU embassies share our concerns but feel unable
to engage. It is important that Latvia hear the message in
Washington soon that they are headed down the wrong path on
rule of law and transparency. End summary.


2. (S/NF) Late in the afternoon of September 28, we received
information that there might be a move within the GOL to sack
Prosecutor General Janis Maizitis and, also, possibly
Intelligence chief Janis Kazocins (ref A). Embassy
leadership met and discussed in the context of recent events
(ref B) as well as statements from PM Kalvitis on the 28th
that there was a criminal group with links to former
Russian/Soviet security agents that posed a grave threat to
Latvia. We feared that revelation of this allegedly grave
threat, which no GOL official had mentioned to any USG rep in
recent days, was going to be used as a reason for Maizitis'
dismissal. (Note: Under the law, failure to prosecute crimes
that leads to harm to the Latvian state is grounds for
dismissing the prosecutor. End note.)


3. (C/NF) Ambassador Bailey called Interior Minister Godmanis
September 28 and expressed our concern at the revelations.
If there are indeed grave threats to Latvian security, please
let us know how we can help, she told the minister. Godmanis
said he would consider it, but did not go into detail on the
allegations or the nature of the threat. The Ambassador
reinforced the point that Latvia should not overreact and the
minister seemed to understand the point. Attempts by Charge
to follow up with Godmanis on October 1 were rebuffed and
Ambassador Bailey will see him on October 4. A National
Security Council Meeting to discuss the issue is scheduled
for October 3


4. (C/NF) Pol/econ chief met with Peteris Ustubs, foreign
policy advisor to PM Kalvitis, at the same time. Pol/econ
chief delivered a blunt message. A year ago we assessed a
"road map" to how Latvia's oligarchs might use their
political influence to undermine rule of law. The government
seemed to be following that with its attempts to stack the
courts, to amend the laws governing the security services,
and the suspension of the anti-corruption chief. It seemed
to us, pol/econ chief said, that the next step would be
dismissing the prosecutor and, if that happened, it would
have serious and negative consequences for the bilateral
relationship. The relationship is based on shared values,
but if Latvia no longer shares those values, the United
States would need to reassess. Pol/econ chief noted that PM
Kalvitis' planned early-November trip to Washington would
likely be the first visible casualty of this.


5. (C/NF) Ustubs took careful notes and pledged to brief the
PM (who was out of Riga for the weekend) at the earliest
opportunity. (Note: As of COB October 2, we have had no
response from the PM, although Ustibs confirmed the message
was delivered. End note.) Ustubs said that the information
he had seen on the alleged criminal group was serious,
connected to narcotics trafficking, and was credible enough
that personal protection had been increased for both the PM
and Godmanis, as well as other officials. Ustubs claimed
that information had only recently come to light in the
course of the investigation of a member of the security
services and it seemed others in the security services were
involved. Pol/econ chief noted that DEA has a very good
relationship with Latvia and that if there is a serious
threat based on narcotics related groups, we would be happy
to provide any and all assistance.


6. (C/NF) We are also engaging with opposition political
parties to express our concerns on developments in Latvia and
to lay down our markers on ensuring that the rule of law is
protected. Lest they believe that we are somehow showing
them any favoritism, though, we are mixing the message with a
reminder that they have plenty of transparency problems of
their own and that the United States government is not
standing in opposition to certain individuals but in support
of a standard of behavior on rule of law that we expect all

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political actors in Latvia to uphold.


7. (C/NF) At a meeting of foreign Ambassadors with
anti-corruption bureau (KNAB) on October 1, Charge delivered
a strong message of support for the work of the KNAB. At the
meeting, EU reps noted their agreement with our concerns but
also said they are unable to engage. As the Dutch Ambassador
said, "We can tell candidate states what to do, but once you
are in the EU, other member states will not openly criticize
you."


8. (S/NF) Comment: The PM's announcement of the allegedly
grave threat to Latvia struck us as an attempt to deflect
attention from recent events and the sensitive reporting
cited above only added to our skepticism. That said, if
there is a serious threat to Latvia, we have made clear our
willingness as a friend and ally to provide any needed
investigative assistance. The lack of a response to this
offer or to our strong message to the PM's office is also
worrying. We suspect that the government is considering how
to react and how serious we are. Given that the EU member
states will not engage on this, we believe it is important
that Washington express to Latvian Ambassador Pildegovics our
concern over this pattern of activity in Latvia. Hearing the
message from Washington will help ensure the government gets
the message.
SELDOWITZ