VZCZCXRO5295
OO RUEHAG RUEHAST RUEHDBU RUEHDF RUEHFL RUEHIK RUEHLA RUEHLN RUEHLZ
RUEHMRE RUEHPOD RUEHROV RUEHSR RUEHVK RUEHYG
DE RUEHC #9391/01 1982149
ZNR UUUUU ZZH
O P 172139Z JUL 07
FM SECSTATE WASHDC
TO EU MEMBER STATES COLLECTIVE IMMEDIATE
ORG FOR SECURITY CO OP IN EUR COLLECTIVE IMMEDIATE
RUEHUL/AMEMBASSY SEOUL IMMEDIATE 4055
RUEHVEN/USMISSION USOSCE IMMEDIATE 2606
INFO CIS COLLECTIVE PRIORITY

UNCLAS SECTION 01 OF 04 STATE 099391 
 
SIPDIS 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: AJ EUN KDEM OSCE PGOV PHUM PREL
SUBJECT: A COORDINATED APPROACH ON DEMOCRACY AND HUMAN 
RIGHTS CONCERNS IN AZERBAIJAN 
 
REF: A. BAKU 590 NOTAL 
     ¶B. BAKU 664 NOTAL 
     ¶C. BAKU 601 NOTAL 
     ¶D. BAKU 611 NOTAL 
     ¶E. BAKU 616 NOTAL 
     ¶F. STATE 68180 NOTAL 
     ¶G. BAKU 689 NOTAL 
     ¶H. BAKU 758 NOTAL 
     ¶I. BAKU 828 NOTAL 
 
¶1.  (U) This is an action request. 
 
¶2.  (SBU) Promoting democratic reform and respect for human 
rights in Azerbaijan, a geo-strategically important, secular 
Muslim country, is a high USG priority.  In December 2006, 
DRL A/S Lowenkron met with President Ilham Aliyev to launch a 
formal senior-level bilateral democracy and human rights 
dialogue covering five key areas:  media freedom, protection 
of human rights, rule of law/anti-corruption, political 
process (Parliament, local government, and elections), and 
active and engaged citizens/civil society.  Aliyev directed 
GOAJ FM Mammadyarov to continue the dialogue with A/S 
Lowenkron in Washington in March 2007.  The Department is 
concerned by a series of recent prosecutions and convictions 
of opposition and independent journalists (refs c-e).  The 
most serious incidents include the imprisonment of seven 
prominent journalists. The Department also is concerned by 
the lack of transparency and due process in the opening 
stages of recent trials, including the trial of former 
Minister of Economic Development Farhad Aliyev (refs a-b). 
In addition, the Department is concerned by the GOAJ,s 
continuing restrictions on freedom of assembly, including the 
inappropriate level of force Baku police used to break up a 
June 14 protest.  We have raised these issues with the GOAJ. 
European states often have expressed interest in raising 
these issues with us, but lack instructions from their 
capitals.  It is important that the GOAJ receive an urgent, 
strong message from as many of its international partners as 
possible that democratic reform remains a high priority for 
the West in its engagement with Azerbaijan and that recent 
developments, especially with respect to media freedom, 
freedom of assembly, and due process, are causing deep 
concern. 
 
¶3. (SBU) Following up on the recent demarche to the GOAJ 
organized by the U.S. and led by the U.S., COE, and OSCE, and 
including representatives of France, Germany, Greece, Norway, 
Turkey, and the UK, posts are requested to raise with host 
governments and appropriate EU, COE and OSCE officials, our 
growing concerns about the deterioration in the human rights 
situation in Azerbaijan with respect to media freedom, 
freedom of assembly, and rule of law, and to urge increased 
bilateral and multilateral engagement with the GOAJ on these 
issues.  Interlocutors should, in particular, be asked to 
instruct and authorize their missions in Baku to actively 
coordinate with the U.S. and other embassies on joint 
approaches to the GOAJ.  Posts should draw as appropriate on 
the brief background and current specific concerns in paras 
5-7.  Country-specific guidance is provided in para 8. 
 
¶4. (SBU) For USEU and EU member state capitals:  The European 
Union has a powerful new tool to help support and spur 
democratic reform in Azerbaijan through its new European 
Neighborhood Policy (ENP) Action Plan.  However, the European 
Commission has delayed opening a full mission in Azerbaijan 
and appointing a Head of Mission several times.  We believe 
the EU needs a full time senior level representative in 
Azerbaijan as soon as possible.  We urge the Commission to 
appoint a Head of Mission as soon as possible. 
 
---------------------- 
Media Freedom 
---------------------- 
 
¶5. (SBU) Suggested talking points on media freedom follow. 
 
--  Our concern over the state of media freedom has 
intensified in recent months, as the list of journalists 
imprisoned for criminal libel and other allegations, related 
to freedom of expression, continues to grow. 
 
-- On May 20th the Government of Azerbaijan closed the 
offices of prominent media outlets Realny Azerbaijan and 
 
STATE 00099391  002 OF 004 
 
 
Gundelik Azerbaijan.  There has been a recent reported death 
threat against the founder of both publications, Eynulla 
Fatullayev, who recently was convicted of criminal libel and 
is one of seven journalists imprisoned for crimes clearly 
related to freedom of expression.  He was charged on July 4 
for allegedly supporting terrorism and inciting national, 
ethnic, and/or religious hatred.  We believe the basis of 
these charges is an article in which Fatullayev criticized 
the GOAJ and the USG for supporting a UN Security Council 
resolution on Iran, and listed probable targets in Azerbaijan 
in the event of an attack by Iran.  Reports of harassments, 
threats, and physical assaults against journalists continue. 
 
--  The U.S. Government has repeatedly raised concerns about 
these developments with the GOAJ, bilaterally and at the 
OSCE.  We had been encouraged by President Aliyev's positive 
statements and previous instructions to discourage criminal 
libel suits, but are disappointed that such suits have not 
only restarted, but are on the increase. 
 
-- Recent discussions by the U.S. Ambassador with the highest 
levels of the GOAJ (ref g) indicate that President Aliyev and 
other senior officials have heard the concerns of the 
international community and may be starting to address these 
serious media freedom concerns.  Presidential Chief of Staff 
Ramiz Mehdiyev proposed the creation of a working group to 
produce an action plan on improving the media climate (ref 
h).  The ruling Yeni Azerbaijan Party held a June 21 
roundtable on press freedom, including pro-government, 
independent, and opposition press.  Parliamentary and press 
sources report that the GOAJ may release some journalists 
on/about July 22:  Azerbaijani National Media Day.   We want 
to encourage this trend and hope your Embassy in Baku will 
work with ours and the GOAJ to do so. 
 
--  Concerted effort by the international community stands 
the best chance of influencing the GOAJ on this difficult 
issue.  The USG has pushed for dialogue between the press and 
the government; a GOAJ call to government officials and the 
public to desist from filing criminal libel cases; 
decriminalization of libel; development of an alternative 
dispute settlement mechanism for libel cases; vigorous 
investigation and prosecution of crimes of violence against 
journalists; release of imprisoned journalists; and training 
for journalists to raise professional and ethical standards. 
 
--  We also would appreciate any information that you could 
provide on technical assistance that your government is 
providing, or plans to provide, to strengthen the independent 
media in Azerbaijan. 
 
--------------------------------------- 
FREEDOM OF ASSEMBLY 
--------------------------------------- 
 
¶6. (SBU) Suggested talking points on freedom of assembly 
follow. 
 
--  Although we view the Azerbaijani Government,s decision 
to permit select groups to hold rallies since January as a 
positive step, we remain concerned by continuing restrictions 
on freedom of assembly.  This includes the government,s 
policy of limiting the permissible venues for rallies in Baku 
to a handful of distant, low-profile locations. 
 
--  On June 14, Baku police used an inappropriate level of 
force to disperse a group of approximately 25 journalists, 
who had gathered to protest the deteriorating media freedom 
situation.  Nine individuals report having been beaten, 
including two journalists who had been covering the event 
rather than participating. 
 
--  The U.S. Government has raised its concerns with 
restrictions on freedom of assembly bilaterally with the 
government many times; however, increased attention from the 
European capitals will elevate the profile of international 
concern on this important issue. 
 
--  We hope that the GOAJ,s current dialogue with the 
Council of Europe Venice Commission will result in positive 
changes to the law on freedom of assembly, and we support the 
Council of Europe,s and the OSCE,s recommendations on 
changes to this law. 
 
--------------- 
Aliyev Trial 
--------------- 
 
 
STATE 00099391  003 OF 004 
 
 
¶7.  (SBU) Background:  In October 2005, then-Minister of 
Economic Development Farhad Aliyev, along with his brother, 
then - AzPetrol head Rafiq Aliyev and a number of others, 
were arrested for allegedly attempting to foment a coup 
d'etat.  The GOAJ did not present any evidence to 
substantiate this charge (other than apparent forced 
confessions) and then later announced that the defendants 
would stand trial on other charges involving corruption and 
embezzlement.  The trial of the Aliyev brothers and seventeen 
other defendants started in May (refs a-b).  Most 
international and domestic monitors (with the exception of 
two OSCE trial monitors), some family members, and some 
independent and opposition journalists, were initially denied 
access to the courtroom to observe the trial, although all 
journalists later gained access.  U.S. Embassy observers have 
been permitted access since June 18, but the British Embassy 
and representatives from the American Bar Association 
continue to be denied access.  There are continuing reports 
that Farhad Aliyev,s family members are not permitted to 
visit him in detention.  Suggested talking points on the 
Farhad Aliyev case follow. 
 
-- The trial of former Minister of Economic Development 
Farhad Aliyev and his brother Rafiq Aliyev renew longstanding 
concerns about Azerbaijan's commitment to fair and 
transparent judicial due process. 
 
--  All OSCE participating States have committed themselves 
to a "fair and public hearing by a competent, independent and 
impartial tribunal." 
 
-- Senior U.S. officials, including A/S Lowenkron, have 
stressed to the GOAJ the importance we place on judicial due 
process, which includes a fair and transparent trial for all 
Azerbaijani citizens.  We are concerned by a number of human 
rights and due process issues, including the continued denial 
of access to the trial for some international and local 
observers, and the lack of microphones in the courtroom, 
which makes it difficult for those observers who are present 
to hear the proceedings. 
 
--  In light of the high political profile of this trial, the 
degree to which it is, and is perceived to be, fair and 
transparent, will have important implications for the 
development of political pluralism and rule of law in 
Azerbaijan. 
 
--  We also are concerned that Farhad Aliyev,s family is not 
permitted to visit him in detention.  The Ambassador raised 
this on July 2 with the Human Rights Ombudswoman, who said 
that she had referred the matter to the Prosecutor General,s 
Office, which to our knowledge, has not taken any action to 
resolve the problem. 
 
 
------------------------------------ 
Country-specific guidance 
------------------------------------ 
 
¶8. (SBU) Specific guidance for the EU, OSCE, and others 
follows. 
 
 
-- For Berlin:  Express appreciation for the German Charge's 
participation in the June 14 "Friends of Azerbaijan" demarche 
of Presidential Chief of Staff Mehdiyev on media freedom, and 
encourage continued coordination on the democracy and human 
rights concerns discussed above.  Highlight the fact that 
many of the other EU member states, bilateral missions in 
Baku wait for German action before deciding their own 
responses.  Encourage Germany to seek approval to take these 
actions via the EU presidency, not just in its bilateral 
role. 
 
--  For Ankara, Athens, London, Oslo, Paris:  Express 
appreciation for the Embassy in Baku's participation in the 
June 14 "Friends of Azerbaijan" demarche of Presidential 
Chief of Staff Mehdiyev, and encourage continued coordination 
on democracy and human rights (Oslo and Paris:  Please see 
additional guidance below). 
 
--  For Helsinki:  As incoming OSCE Chairman-in-Office (CIO), 
Finland will have an opportunity to exercise leadership in 
focusing on these issues.  Amb Hekala has been very active on 
these issues.  We encourage you to consider an early trip to 
Azerbaijan with substantive discussions on democracy and 
human rights concerns. 
 
 
STATE 00099391  004 OF 004 
 
 
--  For Madrid and USOSCE:  As current OSCE 
Chairman-in-Office, Spain is in a position to use its good 
offices to impress upon Azerbaijan the concern of the 
international community.  We encourage you to consider ways 
to address these issues. 
 
--  For Oslo:  We appreciate the leadership role on 
democratization and human rights played by Norway and we wish 
to continue close cooperation in Baku between our respective 
embassies on these issues. 
 
--  For Paris:  We applaud France's leadership role as 
in-country representative of incoming EU chair Portugal 
(which is not represented in Baku).  Strong, active French 
leadership on democracy and human rights issues will ensure 
similar action from other European bilateral missions.  We 
appreciate France,s concern that private dialogue, rather 
than public criticism, is more effective; we hope France as 
the EU President's representative in Baku can play a strong 
role in encouraging more private dialogue. 
 
--  For Poland, Czech Republic, Slovakia, Hungary, the Baltic 
states, and Azerbaijan's neighbor Georgia:  We encourage 
active efforts on your parts to share your experiences in 
democratic transformation with GOAJ counterparts at all -- 
especially senior -- levels.  We would like to highlight 
Poland's leadership role in the Community of Democracies and 
encourage Poland to follow up on its "mentoring" of 
Azerbaijan on democratic reform. 
 
--  For Seoul:  We would like to emphasize South Korea's 
leadership role in the Community of Democracies and the 
commitments expressed in the 2000 Final Warsaw Declaration in 
support of due process of law and media freedom.  South 
Korea's engagement would be particularly welcome, as it would 
help to refute the allegations of some in the GOAJ that an 
alleged "eastern" mentality is a factor in political reform 
(ref h). 
 
-- For Brussels:  Through the EU Action Plan, Commission has 
significant leverage and great leadership opportunity.  We 
strongly encourage the EC to open a full-fledged office in 
Baku and assign a full-time Ambassador as soon as possible. 
 
¶9.  (U) Please slug responses for DRL/AE Wendy Silverman and 
EUR/CARC Lane Bahl, and include Embassy Baku as an info 
addressee. 
RICE