VZCZCXRO4828
PP RUEHAG RUEHDBU RUEHROV RUEHSR
DE RUEHKB #0154/01 0581149
ZNY CCCCC ZZH
P 271149Z FEB 09
FM AMEMBASSY BAKU
TO RUEHC/SECSTATE WASHDC PRIORITY 0833
INFO RUCNCIS/CIS COLLECTIVE PRIORITY
RUCNMEM/EU MEMBER STATES  PRIORITY
RUEKDIA/DIA WASHDC PRIORITY
RUEAIIA/CIA WASHINGTON DC PRIORITY
RHEHNSC/NSC WASHDC PRIORITY

C O N F I D E N T I A L SECTION 01 OF 02 BAKU 000154 
 
SIPDIS 
 
EUR FOR MATT BRYZA; DRL FOR KAREN STEWART 
 
E.O. 12958: DECL: 02/28/2019 
TAGS: GOV PINR PREL KDEM PHUM AJ
SUBJECT: AZERBAIJAN: HUMAN RIGHTS DEFENDER UNDER FIRE AS 
 
REFERENDUM NEARS 
 
REF: A. BAKU 125 
     ¶B. BAKU 146 
 
Classified By: Political-Economic Chief Robert Garverick, Reasons 1.4 ( 
b,d) 
 
¶1. (C) Summary:  Azerbaijan,s Minister of Internal Affairs 
continues his lawsuit against human rights defender Leyla 
Yunus, though the case seems to have lost momentum.  Baku,s 
Yasamal District Court may resume hearings on March 2, even 
though some senior officials may privately be expressing 
reservations.  Yunus still believes that the case is tied to 
her role as &coordinator8 of groups opposing constitutional 
changes, subject to a referendum March 18.  These groups are 
unified in opposition, but lack a plan of action to conduct a 
campaign.  End Summary 
 
Yunus Trial Update 
-------------- 
 
¶2. (C) PolEcon Chief met February 13 with human rights 
defender Leyla Yunus to discuss the ongoing lawsuit, in which 
Minister of Internal Affairs Ramil Usubov has charged her 
with slander.  As reported reftel a, the Minister accused 
Yunus of sullying his name in an interview in the online news 
service day.az late last year, when Yunus was discussing with 
reporters police behavior relating to an investigation of 
alleged human rights abuse. 
 
¶3. (C) Yunus said that on January 26 her case had been 
transformed from Baku,s Nasimi district to the Yasamal 
District Court, based supposedly on Yunus, legal home 
address.  Following that action, all had been &silent.8 
Yunus speculated that &the Presidential Apparat is unhappy 
with the case8 and that none of Baku,s regional courts 
wanted to hear it.  Minister Usubov, she said, was now at a 
loss as to what to do.  At this point, he could withdraw the 
charge or wait for a court to dismiss it, or alternatively be 
stubborn and proceed.  Yunus said that she had consulted with 
her lawyer and developed a plan to ease tensions with the 
Minister, i.e., provide an olive branch, of sorts, by 
agreeing to an additional interview in day.az about the 
Khojali massacre and the plight of displaced persons. 
However, as a result of events are very likely are unrelated, 
the day.az website was closed, and then sold to unknown 
investors.  On February 27, the day.az site finally returned 
to the internet at a slightly different url address. 
 
¶4. (C) (Note: subsequently, on February 20, Yunus notified 
the international community in Baku to say that Yasamal 
District Court would continue with the case on March 2.  She 
called for international observers to participate in the 
process and demand that proper procedures are followed and an 
adequate venue be employed.  In previous hearings at the 
Nasimi District Court observers were turned out of the court 
room due to a lack of seats for the large number of 
attendees.  Embassy plans to send an observer to the March 2 
hearing.  End Note) 
 
Opposition Coordination Efforts 
-------------------------- 
 
¶5. (C) Yunus has long believed that she was a target for 
prosecution because of the role she is playing as 
&coordinator8 for political activists who oppose 
constitutional changes as proposed in the March 18 
referendum.  The Central Election Commission (CEC) registered 
two opposition groups in mid-February as &advocacy groups.8 
 Seven pro-government groups were likewise registered.  Yunus 
noted that opposition groups were &surprised8 by the 
registration, having assumed all the while that their 
petitions would be denied.  As a result, she admitted, the 
two groups ) &For Karabakh and the Republic8 and &the 
Republicans8 ) did not really have a plan to mount a 
campaign. 
 
¶6. (C) Yunus said that the groups would begin meeting to 
formulate a strategy.  Finding a venue, however, would be a 
problem.  The opposition groups, she said, would take part in 
television and radio roundtables and request government funds 
to cover publication and printing costs, in accordance with 
CEC regulations.  At the district ) or constituency ) 
level, she noted, the opposition had not registered any 
advocacy groups.  (Note:  according to the CEC, 124 district 
advocacy groups are registered to work on local levels.) 
Domestic observers, she said, would mainly be placed by 
 
BAKU 00000154  002 OF 002 
 
 
pro-government groups.  On election day, she predicted, 
apathy would prevail, as Azerbaijan,s citizens seemed to be 
showing little enthusiasm for the vote. 
 
Comment 
-------- 
 
¶7. (C) Many observers in Baku continue to believe that 
Minister Usubov,s case against Yunus is politically driven, 
and otherwise is without merit.  Thus far, nothing has been 
accomplished within the criminal justice system, and courts 
appear to be confused about how to proceed.  Meanwhile, Yunus 
is the voice of the opposition to the March 18 referendum. 
Whether she will have an impact is uncertain, however, as the 
opposition groups continue to struggle with organization and 
fundraising, and lack access to media and assembly sites. 
DERSE