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Viewing cable 07BAKU904, IMPRISONED NEWSPAPER EDITOR FACES ADDITIONAL

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Reference ID Created Released Classification Origin
07BAKU904 2007-07-18 09:00 2011-08-24 01:00 UNCLASSIFIED//FOR OFFICIAL USE ONLY Embassy Baku
VZCZCXYZ0039
PP RUEHWEB

DE RUEKB #0904 1990900
ZNR UUUUU ZZH
P 180900Z JUL 07
FM AMEMBASSY BAKU
TO RUEHC/SECSTATE WASHDC PRIRITY 3508
INFO RUEHVEN/USMISSION USOSCE PRIORITY 0622
UNCLAS BAKU 000904 
 
SIPDIS 
 
SENSITIVE 
 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PREL PHUM KDEM KISL OSAC IR AJ
SUBJECT: IMPRISONED NEWSPAPER EDITOR FACES ADDITIONAL 
CHARGES 
 
REF: BAKU 186 
 
NEW CHARGES AGAINST IMPRISONED EDITOR 
------------------------------------- 
 
1.  (SBU) On July 4, the Ministry of National Security (MNS) 
brought two new criminal charges against imprisoned 
journalist Eynulla Fatullayev for a Realny Azerbaijan article 
titled, "The Aliyevs Go to War."  The MNS charged Fatullayev 
with inciting national, ethnic, and religious hatred (article 
214.1 of the Criminal Code) and threatening terrorism 
(article 283.2.2 of the Criminal Code).  (NOTE:  Fatullayev 
was sentenced in April on libel charges, reftel.  Fatullayev 
was the editor of the Russian-language weekly Realny 
Azerbaijan and the Azeri-language daily Gundalik Azerbaijan. 
Local authorities evicted the staff of both newspapers on May 
21, saying their office violated local safety regulations. 
Authorities also seized computers from the premises, which 
have been sealed.  END NOTE.)  According to press, the MNS 
also interrogated three Gundalik Azerbaijan editors about the 
newspaper's financing, sales, and relationship to Realny 
Azerbaijan.  Fatullayev is still being held in pre-trial 
detention at a MNS isolation facility, where he is refusing 
to answer questions about these latest charges, according to 
his lawyer Isakhan Ashurov. 
 
2.  (SBU) The Realny Azerbaijan article that prompted the 
latest charges was published in March by local journalist 
Rovshan Bagirov.  The article listed facilities in Azerbaijan 
that Iran might attack if Azerbaijan supported U.S. military 
action in Iran.  The article also criticized the GOAJ for its 
support of UNSCR 1747, arguing that Azerbaijan's backing 
raised the risk of Iranian retaliation. 
 
REACTION TO THE NEW CHARGES 
--------------------------- 
 
3.  (SBU) While MNS spokesperson Arif Babayev confirmed the 
two charges on July 4, the MNS has failed to explain how the 
article amounted to terrorism or fostering national, ethnic, 
or religious hatred.  Prosecutor General Zakir Garalov has 
given the clearest available GOAJ account of the charges to 
date, stating on May 31 that Realny Azerbaijan's website 
listed the addresses of state establishments and reported 
that these establishments would be attacked by Iran. 
4.  (SBU) Acting editor Realny Azerbaijan Chingiz Sultansoy 
reported that newspaper employees were baffled by the new 
charges.  "We are journalists, we are peaceful people.  The 
editors and journalists cannot understand:  what kind of 
terrorist threat journalists pose?" Sultansoy said. 
Opposition leaders called the prosecution part of a 
government campaign to silence critical media. 
 
COMMENT 
------- 
 
5.  (SBU) This latest round of charges against Fatullayev is 
part of a broader pattern of GOAJ steps to intimidate or 
harass journalists.  We are continuing to engage with the 
GOAJ at the highest levels regarding this broader pattern. 
We hope that an upcoming DVC between A/S DRL Lowenkron and 
Foreign Minister Mammadyarov will be another occasion for 
raising our concerns in this regard. 
DERSE