PRESIDENT SARGSIAN ON DEMOCRATIZATION, MILLENNIUM

C O N F I D E N T I A L SECTION 01 OF 03 YEREVAN 000261

SIPDIS

DEPT FOR EUR A/S FRIED, DAS BRYZA

E.O. 12958: DECL: 04/15/2019
TAGS: KDEM PGOV PHUM PREL AM
SUBJECT: PRESIDENT SARGSIAN ON DEMOCRATIZATION, MILLENNIUM
CHALLENGE PROGRAM

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Classified By: Ambassador Marie L. Yovanovitch, reasons 1.4(b,d)

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SUMMARY
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1. (C) In an April 15 meeting with the Ambassador, President
Sargsian said he would not take action to free March 1
detainees before the trials of the final (and most prominent)
seven defendants are concluded. Once the judicial process is
over -- Sargsian left no doubt that all would be convicted --
the President pledged to release all of the detainees through
a pardon or amnesty. He disputed Ambassador's contention
that the GOAM's investigation into March 1 events has been
one-sided, and cited the firing of several senior police
officials and an ongoing probe into the killings of ten
people as evidence. Sargsian promised that the May 31
Yerevan mayoral election would be free, fair and transparent,
but complained sarcastically about alleged double standards
for Georgia and Azerbaijan. The President said the MCC
program is very important for Armenia, but was philosophical
about the possibility that the roads portion could be
canceled. He claimed that even if that were to happen,
Armenia would still implement the program "using other
sources" of funding. End Summary.

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NO NEAR-TERM RELEASE OF PRISONERS
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2. (C) Ambassador and DCM met with President Sargsian April
15 to discuss a range of issues (other issues are being
reported in separate channels). The Ambassador noted
Secretary Clinton's recent call to the President on democracy
issues/MCC, and asked Sargsian for an update, particularly on
the March 1 detainees. The President flatly ruled out the
release of any detainees prior to the completion of judicial
proceedings against the seven remaining (and most prominent)
defendants. "If I could have done something sooner, I would
have," he said, adding that the trials "could have been over
by now if the defendants had cooperated." (NOTE: the "trial
of seven" which has now been split into separate proceedings,
was delayed repeatedly by the defendants' disruption of court
sessions. END NOTE.)


3. (C) The Ambassador noted that charges in some of the cases
-- not only the seven -- appeared to be politically
motivated. Recalling Sargsian's recent public comments in
which he acknowledged that all sides had some responsibility
for the March tragedy, she said it seemed that only one side
was being held accountable. Sargsian disputed this, arguing
that some officials -- including the chief of police and his
deputy, as well as lower-level officials -- had been fired,
and that prosecutors were still looking into the killings of
the ten victims. (COMMENT: Although senior law enforcement
officials were indeed let go in the months following the
post-election violence, the firings were never linked
explicitly to the officials' roles in the March 1 events. END
COMMENT.)

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SARGSIAN: I'M NOT SAYING OUR SYSTEM IS IDEAL
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4. (C) The Ambassador noted that this is a difficult issue
for us, as it involves the Armenian justice system and we may
not have all the facts, but reiterated that in some cases
people seem to have been singled out for their ties to the
opposition. We want to see justice done for the people of
Armenia. Sargsian pushed back: "can you imagine a court
reading a verdict of acquittal after what these people have
brought to this country?" "How could I possibly advocate for
this?" he asked. Once the process is finished, he added, the
prisoners will be freed "and then they can apply to the
European Human Rights Court to prove that our judicial system
is corrupt."


5. (C) The President acknowledged that "the Armenian system
may not be ideal -- the courts may not get things 100 percent
right, but everyone must be given sentences before I pardon
them." The Ambassador reiterated the importance of this issue
for the United States, adding hat we hoped these cases would
be brought to a fair but rapid conclusion. "I don't believe
these trials are going to take years to finish," Sargsian
said, noting that recent amendments to the Armenian Criminal
Code that resulted in reduced charges aganist the seven had
been made with the advice of the Council of Europe. The
Ambassador said we were aware of the changes, and regard them
as positive, but defendants are still facing long sentences

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despite the revised charges.

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FREE AND FAIR, OR AT LEAST BETTER THAN AZERBAIJAN
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6. (C) The Ambassador then noted that Washington would be
closely watching the Yerevan mayoral election on May 31 --
especially on the key issues of opposition media access and
freedom of assembly -- as a barometer of Armenia's progress
on democratization. After responding that the election would
be free and fair, Sargsian went on to cast doubt on our
objectivity. "If Washington doesn't believe that the
opposition has access to the media in Armenia," he said,
"then it probably won't believe this election is fair."


7. (C) The President asserted that the print media is
dominated by the opposition and, though the electronic media
was more restrictive, "it is no worse than in Azerbaijan and
Georgia." In a clear reference to Azerbaijan, Sargsian
pointed out that "we don't arrest or kill journalists in
Armenia." (COMMENT: While Sargsian is correct in saying that
the Armenian print media is relatively free, the circulation
is tiny -- the largest Armenian newspaper sells fewer than
10,000 copies daily. END COMMENT.) The President asserted
that the opposition would have access to free television time
during the election campaign, adding that the GOAM's goal is
to make this election better than previous elecions in
Armenia.

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SARGSIAN PHILOSOPHICAL ON MCC
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8. (C) The Ambassador pointed out that the MCC Board will be
weighing democracy issues carefully as it decides the fate of
the MCC rural roads program, which is currently on hold. The
President countered by quoting former Secretary Rice, who
told Sargsian during their meeting in Washington last year
that "the MCC program is not a test; it is not an exam." "I
take people at their word," he continued. But then he turned
philosophical: "whatever happens, happens. If the United
States thinks it will make Armenia a better country to end
this program, then it should go ahead."


9. (C) The Ambassador responded that while we want the
program to continue,the MCC has clear criteria that Armenia
is not meeting. Under these circumstances, it is not clear
what the Board will decide. Movement on the prisoners issue
and a good election in May will be key. The Ambassador added
that the Board also includes private members, meaning that
the Board's decisions are not entirely under USG control. In
any case, she concluded, the progress the Board is looking
for would also be good for Armenia.


10. (C) Sargsian said the MCC program is very important for
Armenia, and that the Government "has decided to implement
it" regardless of decisions made in Washington. "If the U.S.
wants to take away the money because it thinks I am a bad
president, then it can do that." "We will continue to
implement it one way or another, and will find other
resources." Sargsian and the Ambassador agreed that the MCC
program was especially important for Armenians who are
hurting as a result of the current economic crisis. When the
Ambassador concluded by saying that we want to see democracy
flourish in Armenia, Sargsian concluded, sarcastically: "it
will flourish, but not like in Georgia and Azerbaijan.
Clearly, the soil must be more fertile there."

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COMMENT
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11. (C) There was little in this discussion to suggest that
Sargsian is planning significant steps on democratization
anytime soon. Rather than focus on what might be possible in
the short run, the Armenians continue to fret about double
standards and biased analysis. Depite the President's pledge
of a clean election, the early signals are all in the other
direction. On MCC, Sargsian's approach is becoming
increasingly similar to that of his predecessor, Robert
Kocharian. The hint that another donor -- which we presume
is either the Russians or the World Bank -- might step in to
fund MCC projects if funding is cut off in Washington was a
typical Kocharian tactic, and in 2008 the GOAM funded the
roads project out of its own budget. In the current economic
environment, however, this will be more difficult. If the
GOAM decides to use the loans to build infrastructure, it is
possible that the President's suggestion is more than just a

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bluff. END COMMENT.
YOVANOVITCH