ANOTHER AZERBAIJANI JOURNALIST FACING COURT

C O N F I D E N T I A L BAKU 000322

SIPDIS

DEPT FOR EUR/PPD S. ALTMAN-WINANS, DRL

E.O. 12958: DECL: 04/21/2019
TAGS: PGOV KPAO KDEM PHUM AJ
SUBJECT: ANOTHER AZERBAIJANI JOURNALIST FACING COURT
PRESSURE

Classified By: PUBLIC DIPLOMACY COUNSELOR TERRY DAVIDSON, REASONS 1.4 (
B) AND (D)


1. (U) SUMMARY: In what press freedom advocates are
characterizing as another attempt to crush dissent,
Azerbaijani authorities continue the prosecution of
opposition daily "Yeni Musavat" columnist Mahal Ismayiloglu.
The charges of hooliganism and intentional infliction of
bodily harm brought against him appear to be politically
motivated, aimed at punishing the journalist who formerly was
Editor-in-chief of major government newspaper and forcing him
to terminate his collaboration with the opposition press. The
evidence against Mr. Ismayiloglu is clearly flawed, as
witnessed by Public Diplomacy officer Dmitri Tarakhovsky
during an April 16 court hearing. END SUMMARY.


2. (U) According to an Institute for Reporters, Freedom and
Safety (IFRS) report, on June 27, 2008, Mr. Ismayiloglu was
summoned to a police station to respond to a complaint filed
against him by neighbor Vahid Imanov, who works in the
Ministry of Interior. In the complaint, it is alleged that
the journalist beat his neighbor,s servant for dumping trash
in his yard.


3. (U) During the April 16 hearing, the judge read the
indictment. Then M. Ismayiloglu was given the floor to speak.
Ismayiloglu denied the charges, saying that at the time of
the alleged incident he was at a different place and
reiterated his previous request to appoint an investigator to
clarify this claim. M. Ismayiloglu says that his location at
the time can be easily identified by calls he made from his
mobile phone. His request was ignored. The plaintiff,s
claims seem confusing and contradictory. She initially said
that M. Ismayiloglu pushed her, which caused her to fall and
injure herself, but later she said that he threw an object at
her, which caused her injury. Moreover, according to her,
only her relatives were present at that time, but
subsequently several eye witness testimonies were added to
the case. M. Ismayiloglu answered questions from the judge,
state prosecutor, and the plaintiff,s lawyer and added that
the allegations against him cooked up because of his
collaboration with the opposition newspaper.


4. (C) M. Ismayiloglu related to embassy officer that he was
approached by representatives of the presidential
administration who suggested that the charges against him
could be dropped if he stops collaborating with Yeni Musavat,
the most widely read opposition newspaper. Ismayiloglu also
said that one of the alleged witnesses approached him and
apologized for testifying against him, explaining that he did
so because the police threatened to charge his son with
alleged drug possession.


5. (C) Comment: Despite a seriously flawed prosecution case,
the judge continues to pursue the case by postponing the
hearings and occasionally changing times. Meanwhile, M.
Ismayiloglu, who suffers from severe heart condition (an
August 2008 heart attack) and high blood pressure, is barred
from leaving the country for much-needed heart surgery.
Embassy presence at the April 16 hearing was noted by the
press, and we will continue monitoring the case to ensure
that our interest is registered. Next hearing is scheduled on
May 5. End comment.
DERSE