Date: 2007 January 12, 15:13 (Friday) Canonical ID: 07BAKU60_a
Original Classification: CONFIDENTIAL Current Classification: CONFIDENTIAL
From: Azerbaijan Baku
To: Group Destinations Commonwealth of Independent States | Organization for Security and Co-operation in Europe | Secretary of State
1. (C) SUMMARY: On December 19, several prominent human rights activists shared their views on democracy and human rights in Azerbaijan with visiting DRL A/S Lowenkron. The Assistant Secretary outlined the three key areas of democracy - electoral democracy, governance, and civil society - and explained Secretary Rice's new guiding principles regarding government treatment of NGOs. Concerns of election fraud, weak rule of law, and politically motivated arrests topped participants' concerns, while many noted serious deteriorations in freedom of speech and freedom of assembly. Activists noted the widening gap between the GOAJ's international commitments and the implementation of these commitments. All participants agreed that many negative trends have emerged since the November 2005 Parliamentary Elections. A separate December 19 meeting with leading newspaper editors underscored widespread concern about the state of media freedom in Azerbaijan. END SUMMARY
2. (C) During a December 19 tea, several prominent human rights activists discussed their concerns about democracy and human rights in Azerbaijan with visiting Assistant Secretary for Democracy, Human Rights and Labor Barry Lowenkron. Guests included activists Rena and Murad Sadaddinov, Arzu Abdullayeva, Leyla Yunus, Saida Gojamanly, Elchin Behbudov, Ilgar Ibrahimoglu, and Eldar Zeynalov. A/S Lowenkron highlighted the three key elements of democracy: electoral democracy, including media freedom, freedom of assembly, and the right to free elections; governance, including government's responsibility to operate transparently, and to be accountable and responsive; and civil society. The Assistant Secretary expressed his concern for the increasing trend of governments placing limitations on the work of NGOs, and explained Secretary Rice's new guiding principles regarding NGOs, by which governments will be measured. He emphasized that democracies are accountable and responsible; that democracies provide means for people to challenge the government.
3. (C) Leyla Yunus, head of the Institute for Peace and Democracy, outlined the negative developments she saw since the November 2005 Parliamentary Elections, namely election fraud, police brutality and political prisoners. She noted that since President Aliyev's visit to Washington in April 2006, respect for human rights had decreased. She expressed particular concern over the lack of freedom of assembly and the GOAJ's increasingly harsh treatment of the opposition parties, asking who would replace the secular opposition if such harsh treatment continued. Yunus reported that her list of political prisoners contained about 90 names. She noted the absence of the rule of law: Three individuals had died in police stations as a result of torture. According to Yunus, the GOAJ never fully explained the reasons behind the suspension of independent ANS Television, and the President's good will, rather than the rule of law, was responsible for putting ANS back on the air. Azerbaijan Foundation of Democracy Development and Human Rights Protection Head Murad Sadaddinov thanked A/S Lowenkron for visiting the grave of murdered journalist Elmar Huseynov. Sadaddinov shared his concern over the conduct of elections in Azerbaijan, and the increase in politically motivated arrests, including the conviction of the three Yeni Fikir youth group leaders on charges of attempting a coup, and the arrest of opposition satirical journalist Sakit Zahidov. He called for the release of such individuals, including some former officials who are sick. Sadaddinov also noted that no opposition parties are allowed to have downtown officers any more, and that opposition parties have an extremely difficult time operating in Azerbaijan's regions, where they are often prevented from renting office space or holding private meetings, while the ruling Yeni Azerbaijan Party has fully functioning branches nationwide.
4. (C) Head of the Azerbaijan Committee Against Torture Elchin Behbudov told A/S Lowenkron that while in the past, people felt that they were protected by police, now they feel that they have to protect themselves from the police.
According to Behbudov, in the past year, three people have died while being held in police custody. Behbudov reported that his annual report for 2006 was almost finalized; he had received about 50 reports of torture. Behbudov noted his concern over what he views as "banditism" in the GOAJ, naming specifically Mehmet Mikhailov's appointment as interpol chief, a former deputy prosecutor general who had been appointed as constitutional court judge, the Deputy Minister of Internal Affairs (MIA) Vilayet Eyvazov who had been responsible for torture as the chief of the ministry's organized crime unit, and the kidnapping and extortion gang lead by detained former MIA official Haji Mammadov. Behbudov noted that he had visited former officials Farhad Aliyev and Ali Insanov in detention; their condition was grave and they could die any minute.
Continuing Behbudov's theme regarding the police, Head of the Human Rights Center of Azerbaijan Eldar Zeynalov said that human rights defenders now appeal to the Embassy rather than officials when seeking protection. He also said that the confiscation of the property of Ali Insanov and Farhad Aliyev was indicative of a corrupt economy, and that the "mafia" is preventing the emergence of a true market economy, arguing that no one really wants a regime change because of the economic implications. According to Zeynalov, the "smell of oil" prevents GOAJ officials from being interested in protecting human rights. He also asserted that the USG should understand the issue of political prisoners, including some who had tried to use violence, in the context of a civil war. He believed that the situation of the country's political prisoners was analogous to prisoners whom the British would have had if the U.S. had lost the war of independence.
5. (C) Saida Gojamanly, head of the Bureau of Human Rights and Rule of Law, said that Azerbaijan's problems on the democracy front are tied to the lack of separation of powers, corruption rather than rule of law and the absence of an independent judiciary. According to Gojamanly, corruption makes it difficult for individuals within the judicial system to impact positive change. Gojamanly pointed out that Azerbaijan has undertaken many international commitments related to democracy and human rights, but that there is a serious gap between these commitments and their implementation. She also highlighted Iran's influence in the south of Azerbaijan, and concerns about restrictions on political party rights and a decrease in freedom of the media. Noting that the number of people emigrating from Azerbaijan has increased since 2004, she asserted that people in the country were moving into a condition of hopelessness. Thanking A/S Lowenkron for visiting the grave of Elmar Huseynov, DAVAMM head Ilgar Ibrahimoglu noted his concerns about freedom of speech and freedom of assembly. Ibrahimoglu said that fraudulent elections have created some dangerous trends, such as the increase of politically motivated arrests. He also stated that reports of human rights abuses in Abu Ghraib and Guantanamo "present problems for us."
6. (C) Chair of the Helsinki Citizens Assembly Arzu Abdullayeva thanked A/S Lowenkron for the meeting, saying that the meeting "gives us hope." She reported that the unresolved conflict in Nagorno-Karabakh is creating problems on many levels. According to Abdullayeva, the GOAJ is using IDPs and refugees against civil society and democratic elections. She said that Azerbaijani society is losing trust in democratic values as people see the mass media paralyzed and the opposition demoralized. Reinforcing others' comments about the absence of rule of law, Abdullayeva commented that some officials belong to criminal circles, observing that Haji Mammedov could not have taken such criminal actions without "someone standing behind him," and stating that the appointment of Isa Najafov to the constitutional court was insulting. She shared her belief that there is a real need for a vibrant civil society in Azerbaijan, and that NGOs must work together to move forward, and that they need support. She also said that an open dialogue between the GOAJ and civil society is necessary to make democratic progress and that a national council for democratic development is needed.
7. (C) In response, A/S Lowenkron highlighted the importance of accountability; in the absence of it, impunity reigned across the board. He recommended that the human rights activists form a committee to unify their efforts and more effectively press their concerns with senior government officials.
8. (C) A separate December 19 breakfast meeting with editors of several leading newspapers and press services prompted spirited discussion on the state of media freedom in Azerbaijan. Aflatun Amashov, chairman of the Media Council, thanked A/S Lowenkron for visiting the grave of Elmar Huseynov and for speaking so forcefully. He compared Elmar Huseynov's (March 2005) murder to pre-election violence against journalists in Georgia and Ukraine and asked if the A/S had any information on the Huseynov murder that the public did not. Azer Akhmedov, director of the opposition paper Azadliq, noted that the media has no information on how the GOAJ is meeting the commitments on media freedom it has made to international organizations, and seconded Amashov's opinion that pressure on journalists has been growing since the November 2005 parliamentary elections. Akhmedov reported that people believe that those responsible for physical assaults against journalists represent the government or are government officials. Akhmedov also detailed the problems Azadliq has faced since its November 2006 eviction from its longtime offices in downtown Baku, especially the immediate freeze on its bank accounts after the paper was fined more than $300,000 for libel in the previous three month period despite the paper's legal right to appeal libel claims. Mehman Aliyev, director of Turan news agency, said that media freedom in Azerbaijan was better in Soviet times than in the present day and opined that Washington does not comprehend the depth of the problem with media freedom in Azerbaijan.
Throughout the discussion, A/S Lowenkron emphasized US concern about and commitment to media freedom in Azerbaijan.
9. (U) A/S Lowenkron has cleared this message.
HYLAND
In WikiLeaks:
https://wikileaks.org/plusd/cables/07BAKU60_a.html
