AZERBAIJAN: PRESIDENTIAL INTERVENTION REVERSES JOURNALISTS'

UNCLAS BAKU 000291 SENSITIVE SIPDIS DEPT FOR EUR/CARC, DRL E.O.12958: N/A TAGS: PREL PHUM PGOV AJ SUBJECT: AZERBAIJAN: PRESIDENTIAL INTERVENTION REVERSES JOURNALISTS' CONVICTIONS REF: BAKU 287 ¶1. (U) Sensitive But Unclassified. Not for Internet distribution. ¶2. (SBU) Summary: On April 9, the Court of Appeals in Baku reversed the April 7 convictions and sentences of the editor of the Tezadlar newspaper Asif Marzili and the freelance writer Zumrud Mammadova. The two were sentenced to a year in prison and six months' corrective labor, respectively, in a criminal libel case brought by the rector of Azerbaijan International University. The unprecedented reversal came after public comments by presidential adviser Ali Hasanov that reflected President Aliyev's displeasure with use of libel alaw and imprisonment to address the issue. End summary. ¶2. (SBU) On April 7 Judge Abbas Rzayev of the Yasamal District Court (Baku) sentenced Marzili and Mammadova under a criminal libel statute after the rector of the university sued them over an article they published alleging corruption in the awarding of diplomas at the university. Surprising Official Reaction -------------- ¶3. (SBU) Surprisingly, President Aliyev criticized the court decision. Senior presidential advisor Ali Hasanov, according to the government-friendly APA news wire, said Aliyev "regretted the imprisonment" of the journalist and that the "President thinks that any misunderstanding and conflict between journalists and citizens will not result in the journalists' arrest in Azerbaijan, which considers political pluralism one of its main principles." The wire service report went on to say that the President "noted that both the conflicting sides and courts would better use the ways accepted in international practice." Embassy is seeking confirmation of that stance from Hasanov. ¶4. (SBU) The presidential reaction to the case drove the issue to the top of the docket of up the Court of Appeals, which issued a judgment in record time. In addition to reversing the lower court's decision, the Court of Appeals under chairmanship of judge Gail Mammadov also issued a special decision to give judges Abbas Rzayev and Tahir Simayilov each a harsh reprimand. Rzayev considered the case against A.Marzili and Ismayilov issued the order to arrest Marzili. ¶5. (SBU) Comment: Following his release from jail, Marzili called the Embassy to express his gratitude for the USG's consistent support for media freedom. This incident, especially coming as it does in tandem with the release of imprisoned journalist Mirza Sakit (reftel),is a rare but welcome bright spot in Azerbaijan's recent human rights history, and also comes at a time when the GOAJ appears to be softening its line on cooperation with the Council of Europe. It is too early to say that a positive trend is developing, but at the very least there is a break in the stream of bad news on the human rights front that we have observed since the President's re-election in October 2008. End comment. DERSE