Identifier
Created
Classification
Origin
09BAKU10
2009-01-08 13:18:00
CONFIDENTIAL
Embassy Baku
Cable title:
PRESIDENTIAL LEGAL ADVISER ADVISES POLITICAL
how-toVZCZCXRO2278 OO RUEHAG RUEHROV RUEHSR DE RUEHKB #0010 0081318 ZNY CCCCC ZZH O 081318Z JAN 09 FM AMEMBASSY BAKU TO RUEHC/SECSTATE WASHDC IMMEDIATE 0574 INFO RUCNCIS/CIS COLLECTIVE PRIORITY RUCNMEM/EU MEMBER STATES PRIORITY RUEHAK/AMEMBASSY ANKARA PRIORITY 3192 RHMFISS/CDR USEUCOM VAIHINGEN GE PRIORITY RUEAIIA/CIA WASHINGTON DC PRIORITY RUEKDIA/DIA WASHDC PRIORITY RHEHNSC/NSC WASHDC PRIORITY RUEHBS/USEU BRUSSELS PRIORITY RUEHVEN/USMISSION USOSCE PRIORITY 1231
C O N F I D E N T I A L BAKU 000010
SIPDIS
DEPT FOR EUR/CARC
E.O. 12958: DECL: 01/08/2019
TAGS: PREL PGOV KDEM KHUM AJ
SUBJECT: PRESIDENTIAL LEGAL ADVISER ADVISES POLITICAL
SOLUTION FOR FOREIGN RADIO BROADCASTS RETURN
REF: BAKU 0007
Classified By: Charge d'Affaires Donald Lu, Reasons 1.4 (b and d).
C O N F I D E N T I A L BAKU 000010
SIPDIS
DEPT FOR EUR/CARC
E.O. 12958: DECL: 01/08/2019
TAGS: PREL PGOV KDEM KHUM AJ
SUBJECT: PRESIDENTIAL LEGAL ADVISER ADVISES POLITICAL
SOLUTION FOR FOREIGN RADIO BROADCASTS RETURN
REF: BAKU 0007
Classified By: Charge d'Affaires Donald Lu, Reasons 1.4 (b and d).
1. (C) Summary: On January 8 the Charge and the British
Charge met with Shahin Aliyev, head of the legal department
of the Presidential Administration, regarding the closure of
Radio Liberty, Voice of America, and the BBC. Aliyev in
large part stuck to talking points we have heard previously:
the stations are not completely banned and the decision was
due to fear of programming from Iran. He stated that the
earlier negotiations with Russia and with Turkey are
precedents for a way forward, and that if an
intergovernmental agreement with some element of reciprocity
is found, then the issue would be resolved. He added that
Russia and Iran would not allow an reciprocity. End
Summary.
Intergovernmental greement the Legal Way Forward
-------------- --------------
2. (C) After Shahin Aliyev explained that he and his staff
were largely focused on the referendum at the moment, the
Charge raised the closure of the foreign radios, explaining
that he and the British Ambassador had had a productive
conversation with Ali Hasanov the day before (reftel). The
Charge and the British Charge both explained the importance
of the issue, and asked for Aliyev's opinion on a legal way
forward. Aliyev explained that negotiations on an
intergovernmental agreement were the only solution at this
point. In response to the point that the earlier licenses
given to the stations by the National Television and Radio
Council (NTRC) seem to be in compliance with the law, Aliyev
agreed, but said that the NTRC was not going to change its
decision and renew the licenses at this point.
3. (C) The Charge expressed the importance of a speedy return
of these radios to the airwaves. Aliyev replied that he is a
lawyer, and "a lawyer is like a sword; it goes where it is
ordered." Therefore he will participate in negotiations when
he is ordered to, but cannot take initiative in this area.
He explained that Ali Hasanov's Policy Department is the lead
on this issue.
Precedent is the Problem
--------------
4. (C) Aliyev then explained that the NTRC took the decision
it did because of the problem of precedent. The GOAJ is
worried about Iranian influence, and therefore wanted to set
the precedent against foreign broadcasts. The decision was
taken now, not several years ago, for a reason. However, the
Iranian government would not allow Azerbaijan to broadcast to
the 20 million ethnic Azeris in Iran, so if the U.S. and the
UK found a political formula that included some element of
symbolic reciprocity, then the problem would be solved.
Aliyev further specified that this reciprocity could be only
at the symbolic level, and not at the level of technical
implementation.
Comment
--------------
5. (C) It is clear that Shahin Aliyev is not at the center of
the decision-making on this issue, and therefore his analysis
of the Iranian threat may not be accurate. It is positive
however that he is not worried about the legal nuances of
reciprocity, as this should ease negotiations on an
intergovernmental agreement. Shahin Aliyev's focus on the
upcoming referendum may mean that he and the Azeri legal team
may be distracted between now and March 18 as we attempt to
conduct these negotiations.
LU
SIPDIS
DEPT FOR EUR/CARC
E.O. 12958: DECL: 01/08/2019
TAGS: PREL PGOV KDEM KHUM AJ
SUBJECT: PRESIDENTIAL LEGAL ADVISER ADVISES POLITICAL
SOLUTION FOR FOREIGN RADIO BROADCASTS RETURN
REF: BAKU 0007
Classified By: Charge d'Affaires Donald Lu, Reasons 1.4 (b and d).
1. (C) Summary: On January 8 the Charge and the British
Charge met with Shahin Aliyev, head of the legal department
of the Presidential Administration, regarding the closure of
Radio Liberty, Voice of America, and the BBC. Aliyev in
large part stuck to talking points we have heard previously:
the stations are not completely banned and the decision was
due to fear of programming from Iran. He stated that the
earlier negotiations with Russia and with Turkey are
precedents for a way forward, and that if an
intergovernmental agreement with some element of reciprocity
is found, then the issue would be resolved. He added that
Russia and Iran would not allow an reciprocity. End
Summary.
Intergovernmental greement the Legal Way Forward
-------------- --------------
2. (C) After Shahin Aliyev explained that he and his staff
were largely focused on the referendum at the moment, the
Charge raised the closure of the foreign radios, explaining
that he and the British Ambassador had had a productive
conversation with Ali Hasanov the day before (reftel). The
Charge and the British Charge both explained the importance
of the issue, and asked for Aliyev's opinion on a legal way
forward. Aliyev explained that negotiations on an
intergovernmental agreement were the only solution at this
point. In response to the point that the earlier licenses
given to the stations by the National Television and Radio
Council (NTRC) seem to be in compliance with the law, Aliyev
agreed, but said that the NTRC was not going to change its
decision and renew the licenses at this point.
3. (C) The Charge expressed the importance of a speedy return
of these radios to the airwaves. Aliyev replied that he is a
lawyer, and "a lawyer is like a sword; it goes where it is
ordered." Therefore he will participate in negotiations when
he is ordered to, but cannot take initiative in this area.
He explained that Ali Hasanov's Policy Department is the lead
on this issue.
Precedent is the Problem
--------------
4. (C) Aliyev then explained that the NTRC took the decision
it did because of the problem of precedent. The GOAJ is
worried about Iranian influence, and therefore wanted to set
the precedent against foreign broadcasts. The decision was
taken now, not several years ago, for a reason. However, the
Iranian government would not allow Azerbaijan to broadcast to
the 20 million ethnic Azeris in Iran, so if the U.S. and the
UK found a political formula that included some element of
symbolic reciprocity, then the problem would be solved.
Aliyev further specified that this reciprocity could be only
at the symbolic level, and not at the level of technical
implementation.
Comment
--------------
5. (C) It is clear that Shahin Aliyev is not at the center of
the decision-making on this issue, and therefore his analysis
of the Iranian threat may not be accurate. It is positive
however that he is not worried about the legal nuances of
reciprocity, as this should ease negotiations on an
intergovernmental agreement. Shahin Aliyev's focus on the
upcoming referendum may mean that he and the Azeri legal team
may be distracted between now and March 18 as we attempt to
conduct these negotiations.
LU