January 2005

Monitoring of violations of freedom

of speech in Kyrgyzstan

in January 2005

In December monitoring registered 32 reports. Twenty of them define the actual state of mass media in the political atmosphere of the month, 9 give the information on direct violations of mass media and journalists’ rights, and last three reports inform about the conflicts and accusations, brought against the media and journalists, which are mostly were not based on the Law.

I. PECULARITIES OF POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL CLIMATE IN THE COUNTRY, DETERMINING THE ACTUAL STATE OF MASS MEDIA

1.Public announcements, official statements and speeches by top officials, characterizing the present state of mass media

January 13

Press-service of the Government (Bishkek)

Press-service of the government of the Kyrgyz Republic distributed the official statement, saying that this week the number of independent mass media published information about the secret meeting ostensibly held by the prime-minister Nikolay Tanaev for the heads of the regions.
     The unknown authors assert that the head of the government announced the war against opposition, and the governors of the regions, akims, heads of the force structures received the instructions including the physical liquidation to prevent the “objectionable to authorities people” from becoming the deputies of Jogorku Kenesh.
     The Government of the Kyrgyz Republic officially declared that there was no secret meeting on preparations to elections to Jogorku Kenesh of the Kyrgyz Republic.

January 18

Bolot Januzakov, deputy head of president’s administration (Bishkek)

During the press-conference at informational agency “AKI-press” the deputy head of president’s administration Bolot Januzakov addressed mass media representatives to stop waging the informational war in the country.
     The reason was the published stenogram of the “secret” meeting of the government of the Kyrgyz Republic, which was published by independent mass media. The questions on neutralization of opposition activity during the parliamentarian elections were ostensibly considered at this meeting.
     “The stenogram was made by the experienced specialists and the customers, aimed at discrediting the president and government of the country”, Januzakov believes. According to him, “the fact of distribution of the stenogram on the secret meeting and notes is the black PR campaign with the aim to begin the conflict situation in the country”.
     The deputy head of president’s administration declared about his readiness to leave his post if the author of this publication placed at Internet and several republic newspapers will prove that this fact took place in reality.

January 18

Bolot Januzakov, deputy head of president’s administration (Bishkek)

“Administration of independent international publishing house violates the conditions of existed agreements in particular – the obligation on the fact that 80% of customers will be the foreigners,” - said deputy head of President’s apparatus Bolot Januzakov.
     State official, who is a member of a Council of international publishing house noted, that this publishing house creates the dumping conditions for separate independent outlets, having produced the newspapers at prices lower than costs. Thereof, according to his words, the interests of about 100 publishing houses are suffering, as the clients of these publishing houses use the services of the international publishing house.
     The independent publishing house, located in Bishkek was opened on November 14 2003. It was founded by the initiative of Freedom House for the money of Bureau on democracy, human rights and labor rights under the State Department of U.S.

January 26

Abdil Segizbaev, press-secretary of president of the Kyrgyz Republic (Bishkek)

Press-secretary of president of the Kyrgyz Republic Abdil Segizbaev declared that there are no any preconditions for “velvet revolution”, and the informational terrorism from opposition Mass Media became the element of revolution technology.
     “The publications about the non-existed meeting and state decisions are made against the authority which even doesn’t make any mistakes. This information is distributed by the opposition mass media, then the agiotage around the well-known candidates to Parliament is created. This is made for creation of sensation and conflict situations around them if the candidates will loose the elections”, said the press-secretary.

January 27

Shamshybek Medetbekov, governor of Naryn oblast (Naryn)

New governor of Naryn oblast Shamshybek Medetbekov declared about the necessity to pay the special attention of the state organs to development of local mass media at the meeting with the active.
     According to his words the citizens of this oblast basically are interested in “yellow press”. The governor ordered the officials to activate the activity of the local state newspapers.
     The governor made an accent to the necessity of the technical re-equipment of the editorial offices. He considers that the computerization of print periodicals, their connection to Internet will promote improvement of information exchange inside the oblast.

January 28

Askar Akaev, president of the Kyrgyz Republic (Bishkek)

The President of the Kyrgyz Republic Askar Akaev gave interview to the Moscow periodical “Nezavisimaya gazeta”, where he said the following concerning Mass Media:

“After the event in Georgia I wrote a book, where I gave the analysis of the technology of “roses’ revolution” in Georgia. This technology works in the countries, which have already have the basics for development of democracy. I am sure that this technology will not work in Turkmenistan. In Kyrgyzstan this technology can work as we have the democracy basis, have many opposition mass media, have no censorship and more than 5 thousand NGOs are working in Kyrgyzstan. I often talk with US Ambassador in Kyrgyzstan concerning this fact. He thinks that the authoritative power is ratified in Kyrgyzstan and that our republic doesn’t differ from other countries of Central Asia. I am not agree with this estimation. You can judge yourselves: if the authoritative power was existed in Kyrgyzstan  we won’t be able even realize the revolution technology. And if there are plans to arrange the next “velvet” revolution in our country, so we don’t need to talk about the authoritarianism, that we have a democracy, maybe it is not so perfect, and we have to strengthen and improve this democracy.”

January 28

Vladimir Rushaylo, chairman of Executive Committee of CIS (Bishkek)

“I hope that during the pre-election propaganda Mass Media of Kyrgyzstan will take the constructive position”, said the chairman of Executive Committee of Commonwealth of Independent States Vladimir Rushaylo during the press-conference in Bishkek. According to his opinion the recently adopted memorandum of Mass Media and journalists in Kyrgyzstan, which participate in illumination of forthcoming elections to parliament is the important element of maintenance of honest and fair elections.
     On January 26 Vladimir Rushaylo came to Kyrgyzstan as the head of observers’ mission from CIS.

January 31

Nikolay Tanaev, prime-minister of the Kyrgyz Republic (Bishkek, KABAR)

At the meeting with the mission of OSCE observers prime-minister of the Kyrgyz Republic Nikolay Tanaev has estimated the publication of a “secret meeting” as the attempt to destabilize the situation in Kyrgyzstan. “Of course such meeting didn’t take place and I have no such words in my lexicon,” said Tanaev. As the statement by prime minister says the government has information about the owners of the sites, “through which the authors of publication tried to direct it on the country”. According to Tanaev’s words the so-called authors tried to heat situation inside the country and establish the nervous situation before the elections. According to his opinion the candidates to deputies are the figurants in this case, their aim is “to lift supporters to go on street”. According to the information by Tanaev, the organizers of disorders conduct the seminars on organization of pickets. In this connection the prime-minister informed that having being the head of commission on investigation of Aksy events, he was convinced that our country is “the fragile world and any match can turn to big fire”.

The authors of stenogram of a “secret meeting” and also the periodicals which re-printed this stenogram have to present the proofs or bring apologies, stated Tanaev. In other case the government will punish them in criminal or administrative way according to the current legislation. Prime-minister said that he wouldn’t pay attention for this publication if it concerned only him. “But this publication is directed to undermine the socio-political situation in the country. The authors have to understand what they are writing and publishing,” noted Tanaev.       

2. Actions by officials defining the actual state of mass media

January 26

Press-service of Government of the Kyrgyz Republic (Bishkek)

Press-service of Government acted with a statement concerning the article “Beliy spisok Belogo Doma” (White list of a White House) which was published in the newspaper “Agym” on January 25. “The content of the publication doesn’t meet with a truth”, said in this statement.
     The newspaper informed on ostensibly existed list of the candidates to deputies to Jogorku Kenesh, who will be supported by the authorities at the elections on February 27.
     “Every citizen of the country has a right to elect and be elected to state organs. The government works under the maintenance of a strict rights and freedoms of citizens, guaranteed by the Constitution and in the frameworks of the legislation will take the resolute measures against any illegal actions,” said in a statement.
     “Government of the country officially refutes the facts stated in this article and estimate the author’s actions as the attempt to sow contention between authority and people by slander”, notes press-service.
     The administration of the government of Kyrgyzstan addressed to the editorial office of Agym newspaper with the demands to publish refutation and apologize for slander. Otherwise the government will address to court.

January 27

MSN, ResPublica (Bishkek)

Independent newspapers MSN and Res Publica feel the pressure of authorities. According to the words of the editor-in-chief of the newspaper Res Publica Zamira Sydykova, recently these periodicals received the warning from the Government of the Kyrgyz Republic with a demand to disclose the sources of information. In the case of disobedience to authorities the cases against these periodicals will be sent to General Prosecutor’s office.
     The shorthand of the secret meeting of the government, which ostensibly was held in December reasoned this warning by the authorities. According to the content, the prime-minister, having referred to president’s will ordered seriously work under several oppositionists, down to their physical elimination. Res Publica also published the text of a service note of the first deputy head of the president’s administration Bolot Januzakov to prime-minister Nikolay Tanaev. This note contains the complex of operative events on minimization of the actions of oppositionists during the parliamentary elections.

January 31

Damir Kalykov, Informational agency “AKI-Press” (Naryn)

On January 30 the press-secretary of the governor of Naryn oblast Aysalkyn Karasartova declared about the distortions of the facts in the article of correspondent of informational agency “AKI-PRESS”Damir Kalykov at the informational program on Naryn channel on January 30.
     On January 25 the article by Kalykov “The authorities of Naryn oblast are seeking the money obtained from a TV marathon” appeared on Internet on January 25. This article informed about the loss of 23 million soms ($570 000) which were collected during the oblast TV marathon “Victory 60”.
     According to the words by Damir Kalykov he received the information about the fact of money plunder from his own sources and he doesn’t want to disclose it. The author of the article is ready to prove the facts in a court.

3.Evaluations of actual state of Mass Media and freedom of speech

January 12

Topchubek Turgunaliev, leader of “Erkindik” party

The chairman of National movement of Kyrgyzstan, leader of “Erkindik” party Topchubek Turgunaliev declared to radio “Azattyk” that the Kyrgyzstan’s authorities began the total informational war against opposition and campaign on discredit of its representatives.
     “They use all means and receptions for achieving their goals”, said he.

January 14

Institute of Media Representative (Bishkek)

  The lawyers of Institute of Media representatives came upon the conclusion, that the last changes and adoptions into the Code “On elections in the Kyrgyz Republic” maximally complicate the opportunities to create the plots and publications for Mass Media of Kyrgyzstan.
     Thus, according to p.2 of the article 30 of this Code, the pre-election propaganda, if it is not foreseen by the Code is the calls to vote for these or other candidates or against them, expression of preferences towards candidates, description of the possible consequences of the elections or non-elections of the candidate.
     This implies, that the journalistic materials, which cover the pre-elections campaign will be estimated as the propaganda in the case of inclusion to them of the calls to vote “for” or “against” candidate. This position is supported by the introduction of the special interdiction for the journalists to agitate on duty.
     Also according to the current legislation the description of the possible consequences of the elections or non-elections of a candidate could be related to the propaganda actions.
     Here it is necessary to note, that the content of the analytical programs (articles) usually consists from forecasting consequences of realization of electoral programs, revealing of the real and declared purposes of election.
    Promulgation of the facts about any actions revealing moral and other qualities of candidates also can be regarded as a propaganda. Under the term “inadequate propaganda activity” it is possible to bring use in reports, plots and publications of data on a state of health, home life, household habits of potential people's choices.
     Proceeding from stated it turns out, that the actually during the pre-elections campaign the journalists can not realize their several duties, foreseen by the Law “On mass media”. One of this rule is free collection and distribution of information.
     According to the opinion of the lawyers from Institute of Media Representative, following the demands, incorporated in the Code on elections of the Kyrgyz Republic, Mass Media in this situation will be compelled to give up from the elections campaign, considerably reducing volume of the information on candidates or violate the law with all following consequences.

January 23

Omurbek Tekebaev, deputy of Legislative Assembly of Jogorku Kenesh (Parliament) of the Kyrgyz Republic

“The Russian mass media publish the propaganda materials, thus violating the laws of the Kyrgyz Republic,” said Omurbek Tekebaev, deputy of the Legislative Assembly of Jogorku Kenesh (Parliament) of the Kyrgyz Republic at the interview to radio “Deutche Welle”. The Russian periodicals on the local attachments which are published in Bishkek started the propaganda of candidates, who are supported by the authorities long before the beginning of elections campaign. 

According to Tekebaev, at the same time the local journalists during the pre-election campaign are deprived from their rights, foreseen by the Constitution of the Kyrgyz Republic because of the limitations of the new Code “On elections in the Kyrgyz Republic”. 

January 25

Tursunbay Bakir uulu, Ombudsman of the Kyrgyz Republic (Bishkek)

On January 25 the newspaper MSN published the quotations from the report of Ombudsman of the Kyrgyz Republic Tursunbay Bakir uulu, which describe the history of the court prosecution of the newspaper MSN in 2002.

“Ombudsman gave the legal evaluation of the decision, took against the newspaper Moya Stolitsa by the Leninskiy regional court in Bishkek on December 4, 2002 and definition of Bishkek city court from March 13 2003.

As a result of this evaluation Ombudsman sent the Act of reaction to the Supreme court of the Kyrgyz Republic with the following recommendations:

- To recognize the decision of the Leninskiy regional court from December 4, 2002 and definition of Bishkek city court from March 13, 2003 as non-objective and unfair. To recognize the activity of Union with limited responsibility “Merliside LLD” on the customs territory of the Kyrgyz Republic as the violation of the tax legislation.

-   The Supreme Court of the Kyrgyz Republic has to give legal estimation of the actions of the judges D.Albanova from Leninskiy regional court, judges R.Esngulova, K.Dospaeva and L.Lulakova from Bishkek city court.

The Supreme court of the Kyrgyz Republic ignored the recommendations of the Ombudsman to restore the violated rights of journalists. The scornful attitude towards control functions of Ombudsman on following the rights and freedoms of human being, which were assigned to him by the Constitution and legislation of the Kyrgyz Republic asserts the public opinion about the order made character and political shade of the court processes with Mass Media.” 

January 28

Kuban Mambetaliev, head of Public Association “Journalists”

The chairman of the Public Association “Journalists” Kuban Mambetaliev has named the publication about “secret meeting of the government” a black PR and dirty form of political technologies. “I personally know Nikolay Tanaev since 1994 and can say with the responsibility that he don’t speak and express this way”, said Kuban Mambetaliev to state informational Kabar agency.
     On January 26 the prime-minister of the Kyrgyz Republic Nikolay Tanaev during the direct ether has declared that he will call to responsibility those who has re-printed the shorthand of the  secret meeting of the government. The government has already sent the message about the  granting of proofs or the publication of the apologies with the obligatory distribution of the issue of this newspaper at those places where it was distributed.

January 31

Kuban Mambetaliev, head of Public Association “Journalists”

  “The informational war started before the parliamentary elections in Kyrgyzstan.  Media war grows up, the new technologies, which are directed to push the state and non-state Kyrgyz Mass Media appears in Kyrgyzstan” declared Kuban Mambetaliev, head of the Public Association “Journalists” during his performance at the forum “Mass Media and elections”.
     According to his opinion, the role of the modern political technologies, when PR makers distribute the articles, where they offence oppositionists and correspondents of independent Mass Media will rise at the forthcoming elections.

4.Actions by journalists on protection of their civil and professional rights

January 12

Coalition “For democracy and civil society” (Bishkek)

The Coalition “For democracy and civil society” acted with the reference to the government of the Kyrgyz Republic with the demand to provide the strict observance of the norms of Code on elections on covering the elections campaign by state Mass Media.
     According Coalition’s opinion, the voters of Kyrgyzstan for now have no possibility to receive full and authentic information about the events in Kyrgyzstan by Mass Media, controlled by the state.
     The special attention is turned to the governmental newspapers “Erkin Too” and “Slovo Kyrgyzstana”, where “the number of false and provocative articles, ostensibly placed on several Internet sites, but in the truth distributed by anonymous authors by e-mail” were published in these newspapers.
     “Simultaneous publication of these articles on the pages of the governmental periodicals does not leave doubt in the fact, that the real customers of these anonymous articles are the high organs of state power,” said in reference.

January 27

Irysbek Omurzakov, Tribuna (Bishkek)

The editor-in-chief of the newspaper Tribuna Irysbek Omurzakov declared that the Central Election Commission of the Kyrgyz Republic is trying to prevent the participation of the periodical in pre-election agitation.
     “We executed all demands of the Code on elections, having published the costs for advertising materials on elections of the deputies to Jogorku Kenesh (Tribuna, № 35 January 16) and presented copy of the issue to Central Election Commission. Nevertheless, our periodical is absent in the list of Mass Media admitted to participation in pre-elections propaganda”, said editor-in-chief.
     According to the Code on elections, the periodicals have to publish their prices on publication of the advertising articles about the parliamentarian elections within 5 days after the President’s order on appointment of elections’ date. Mass media, which missed this term will be automatically deprived from the publication of propaganda materials. The newspaper Tribuna announced about its prices in due time.
     The editorial office of the newspaper considers that the newspaper just got into the list of objectionable Mass Media and the authorities hope to achieve it’s closure. With this connection the newspaper sent the letter to OSCE, representation of Freedom House and to apparatus of Ombudsman. The journalists ask them to interfere this conflict and assist to solute it. If the Central Election Commission and president’s administration will not correct the admitted mistake it will become indirect confirmation of the conduction of a secret meeting, where it was decided to close three opposition periodicals, including the newspaper Tribuna.

January 28

All Mass Media (Bishkek)

The press-conference, where the representatives of OSCE, Internews and Cimera-Kyrgyzstan informed on realization of a project “Monitoring of illumination of elections in Mass Media of the Kyrgyz Republic” was held at informational agency “AKI-press”.
     The aim of the project is to fix the process of activity held by the main electronic and print Mass Media, which participate in pre-elections propaganda.
     According to the words by Marina Dmitrieva, coordinator of Mass Media Center of OSCE, the project is financed by the Netherlands government, the total sum is 42,5 thousand EURO.  The observance of 150 print and 34 electronic Mass Medias of Kyrgyzstan will be conducted in the frameworks of this project.
     The monitoring will be conducted in the cities Bishkek, Tokmok, Karabalta, Karakol, Naryn, Talas, Osh, Jalalabat, Batken, Kyzylkiya by 30 observers, who attended the special training. The weekly reports on Russian and English languages will be prepared during the monitoring. At the end of the monitoring the final analytical report on monitoring will be made on Russian and English languages.

II. VIOLATIONS OF MASS MEDIA AND JOURNALISTS’ RIGHTS

1. Unjustified refusal to give publicly important information

January 25

Guljan Kydyralieva, Naryn oblast state TV Company (Naryn)

The head of enterprise “Naryn suu channel” (Naryn water channel) Janay Dosmambetov refused to present information to Guljan Kydyralieva, correspondent of oblast TV company. The official didn’t motivate his refusal.
     The journalist was preparing the report on facts of flooding of houses basements, occurred because of enterprise fault.

COMMENTARY

The refusal to give information in this case is unreasonable. The article 16 of the Constitution of the Kyrgyz Republic foresees the right of any citizen to collect, use information and distribute it in oral, written or other form, besides the journalist according to the art.5 of the Law “On protection of professional activity of a journalist” and art.20 of the Law “On Mass Media” has a right to attend the organizations of all types and be accepted by their officials, to make notes in established order, including using the technical means, to require and receive publicly important information is state organs, organs of self-management, public unions, enterprises, establishments and organizations, to get the access to documents, materials with the information, except those which contain state or any other law protected secret, and also the information with a limited access.

2.Violation of the right for equal information

January 04

All Mass Media (Osh)

The representatives of independent mass media were not admitted to the territory of Joint-stock company “Nasosniy zavod”, where the meeting of prime-minister of Kyrgyzstan Nikolay Tanaev with the governors and heads of Osh, Jalalabat and Batken regional administrations took place. Only the editors of state regional mass media participated at this meeting.
     According to the words of a journalist from state newspaper, who desired to stay nameless, the prime minister held the meeting where he discussed the questions on parliamentary elections in February 2005 under the kind of presentation of a new aggregates.

January 04

All Mass Media (Osh)

The Talas journalists were failed to attend at the meeting of prime minister Nikolay Tanaev with oblast and regional heads. According to the correspondents of radio “Azattyk” the entrance to building of the regional administration was held strictly by the list.
     The readiness of state officials to the coming parliamentary elections was discussed at this meeting. According to the received information the problem of maintenance of passage of the pro-governmental candidates to parliament was also considered during this meeting.

COMMENTARY

A journalist while executing his professional activity independently of his belonging to the state or private Mass Media follows the norms of the Law “On protection of professional activity of a journalist”, the Law “On mass media” and has a right to attend the organizations of all types of property, be accepted by their officials, to make notes in established order, including using the technical means, to require and receive publicly important information is state organs, organs of self-management, public unions, enterprises, establishments and organizations, to get the access to documents, materials with the information, except those which contain state or any other law protected secret, and also the information with a limited access.

3.Violation of remedial journalists’ rights

January 20

Irysbek Omurzakov, Tribuna (Bishkek)

The editorial office of the newspaper “Tribuna” published the appeal complaint submitted to Bishkek court on the first page of the newspaper. The newspaper staff expressed its disagreement with the decision of Oktyabrskiy regional court on civil claim by L. Kachanova against the newspaper Tribuna and author Irysbek Omurzakov on protection of honor, dignity and compensation of a moral damage in the size of 10 thousand soms ($250) from the editorial office and 5 thousand soms ($125) from the author.

This decision was took by judge Bulatova on December 20, 2004. The appeal complaint was written and submitted to court the same day but judge Bulatova didn’t accept it. In this connection the editorial office was compelled to publish the text of this complaint in the newspaper.

On July 15, 2004 the newspaper Tribuna published the article “Hishnitsa ili voinstvuyushaya alchnost” by Omurzakov, where the author narrated about the frauds, made by 70 years-old Lubov Kachanova, citizen of Bosteri village of Issyk-Kul region jointly with the chairman of housing commission of regional administration Mr.Kolesnikov and deputy head of regional prosecutor Kubanychbek Asanov.

The article was written on the basis of the applications and letters from the citizens of Issyk-Kul region, who suffered in a result of her activity.

COMMENTARY

According to the article 315 of the Civil-Remedial Code of the Kyrgyz Republic the acts of the courts of the first instance can be appealed by the parties or other persons, who attend at this case to the judges’ board of the regional court. According to the article 316 of the same code the appeal complaint or representation can be submitted through the court, which took the decision. The appeal complaint or representation can be submitted within 30 days after the court will take its last decision. The article 317 of the same code establishes the form of appeal complaint, which must contain: the name of court, person, who submits the complaint, his/her address or location, the decision, reasons of complaint or representation, the request of the person, who submits the complaint, the list of attached documents.

The appeal complain and all attached documents should be presented to court with copies, depending on the number of people, participated at this case. Also the complaint has to contain the proves on payment of the state tax. The article 320 of the same code establishes if the content of appeal complaint or representation doesn’t meet with the demands of the article 317 of the current code, the judge give the time to correct all lacks.

According to the article 322 of the Civil-Remedial Code of the Kyrgyz Republic the judge after he receives the appeal complaint has to send the copies of complaint and attached documents to all persons who participate at this case not later than next day after receiving the documents. And also to send the case to court of appeal instance.

4.Unjustified termination of license action

January 31

Independent regional Mass Media

  According to the order by the technical director of territorial union of radiolinear highways J.Aljanbaev the broadcasting of TV and Radio companies of all private, commercial Radio and TV companies in all oblasts of the republic on Kyrgyz TV, Russian TV, Russian Public TV (KTR, RTR and ORT) is stopped from January 31 to March 1.
     This order was based on the letter from the National TV and Radio Broadcasting Corporation № 3/0544 from January 28 and the telephone message of the general director of republic  production association of relay highways of TV-radio broadcasting K.Begaliev.
     The broadcasting of TV and Radio Companies “Keremet” (Osh), “Shankai” (Naryn), “Ayan” (Naryn) and Radio LW (Karakol) was stopped on January 31.

COMMENTARY

According to the article 8 of the Law of the Kyrgyz Republic “On mass media” the termination of activity of mass media is possible by the decision of the founder or court in the case of violation of the demands of the current law. The letter of National TV and Radio Company and telephone message of the general director of republic  production association of relay highways are not the normative acts, which can have the priority above the mentioned law, and therefore can be appealed in court way.

5. Assignment of a name and the status of the journalist and mass-media

January 08

Informational agency CenterAsia, internet-site Gazeta.kg

  Informational Agency “Center Asia” declared about the cases of mass dispatches of the materials by e-mails on behalf of this agency, which discredit the leaders of the Kyrgyz opposition.
     Informational agency informed readers on the fact, that “Center Asia” has no the dispatches and other ways of informing the readers, except the placement of the materials on web-site www.centrasia.ru
     The dispatch of several materials was made on January 8. The articles “Dolg platejom krasen” (One good turn deserves another) and “Vybor very I vera v vybor” (Choice of belief and belief in a choice) narrated that the Kyrgyz oppositionists ostensibly receive the finances from West. These publications confirm that USA by its destructive actions undermine the political stability in Kyrgyzstan. In the note “Sсandal in motherland” the anonymous author made the attempt to oppose the opinions of opposition leaders.
     It should be noted that after two days the dispatch analogical on format and content was made on behalf of Gazeta.kg edition.

January 11

Gazeta.kg web site (San-Francisco)

On January 9, 2005 from a name of the Internet site Gazeta.kg publications under the titles “NDK – against. Unequivocally” and “The weighty word of the deputy” have been distributed. Both materials criticized activity of politicians adjusted in opposition of Kyrgyzstan.
     According to Ulan Melisbek, the editor of site, this is not the first case of attempt to discredit the independent edition. “During the long period while these articles were dispatched, we spent careful studying each of them, corresponded with administrations of the used proxy-servers. Due to comparative analysis of IP addresses of delivered articles and addresses of the known organizations in Kyrgyzstan, we authentically established a source of black PR”, he has said.
     As a result of the investigation which have been carried out by edition of the site, it was found out, that electronic dispatches from a name of www.gazeta.kg and also from name of the CentrAsia Information Agency proceed from the private news agency KyrgyzInfo created at media holding, belonging to Adil Toygonbayev (the son-in-law of the president of Kyrgyzstan). The structure of holding includes such mass media, as the newspaper Vecherniy Bishkek, KOORT broadcasting company, Love Radio, Ayrek advertising agency.
     As has declared U.Melisbek, from confidential sources he knows, that the author of the given publications is director of IA KyrgyzInfo Turat Akimov, earlier working in state news agency Kabar.

January 12

Interfax informational agency (Bishkek)

“Informational agency Interfax doesn’t have any attitude to the recent distribution of leaflets with the trade mark of this agency at the opposition meeting”, declared Igor Shestakov at the briefing in the state Kabar informational agency on January 12.
     According to his opinion, somebody decided to use the name of agency in political aims. “Thus the voters of Kyrgyzstan have the possibility to observe the beginning of pre-elections informational war campaign mainly with use of so-called black PR” said Shestakov.

January 20

Zamira Sydykova, ResPublica (Bishkek)

Zamira Sydykova, editor-in-chief of the independent Res Publica periodical announced about her non-participation to the information, which is distributed from her name. “I estimate this fact, as the actions directed to discredit me,” said she.
     Let’s remind that recently the letter, which ostensibly was written by Sydykova was distributed through Internet. In this letter she criticized the actions of some opposition Kyrgyz politicians.

COMMENTARY

According to the demands by the article 9 of the Civil Code of the Kyrgyz Republic the actions of the citizens and legal entity, which are taken with the intention to bring the damage to other person and also the abusing of the right in other forms are not admitted. The person, who abuses by the right, has to restore the position of the person, who suffered and compensate his brought damage.

The article 11 of the Civil Code lists the ways to protect the civil rights including:

Recognition of the right; restoration of position which existed before the violation of the right; suppression of actions, which violate the right or create the threat of the violation; compensation of loses; compensation of a moral damage.

The article 50 of the same code carries out the honor, name and business reputation of the citizen, also a journalist to non-property rights and also guarantees their protection in a  court way.

In the given cases the malefactors, can be punished according to the civil-remedial code for using of somebody’s name for distribution of materials, which don’t meet truth, which harm honor, dignity and business reputation of a citizen (journalist) or legal entity. And the owners of web-sites can be attracted as the codefendants.  

III. CONFLICTS. VIOLATIONS, INCRIMINATED TO MASS MEDIA AND JOURNALISTS

1.Demands on protection of honor, dignity and business reputation, coming out of publication of opinions, views, beliefs and estimated judgments

January 02

Pravo dlya vseh, Svetlana Varavina (Jalalabat)

On January 31 the Jalalabat city court under the chairmanship of Toktosun Suerkulov began the consideration of the claim submitted by Mavluda Tynaeva, citizen of Osh city on protection of honor and dignity against the editorial office of the human protective bulletin Pravo dlya vseh and head of the human rights organization “Pravo I ludi” (Kerben village of Aksy region) Svetlana Varavina.

Tynaeva demands that Pravo dlya vseh bulletin and Varavina pay191 thousand 550 soms ($4800) in moral and financial damages. The size of material and moral damage was explained by the fact that the claimant lost her work at the international organization after the publication of the article.

The reason for claim became the article “International falsificator” written by Varavina, where she narrated about the unattractive actions by Tynaeva, published in February at this bulletin.

 January 25

Konstantin Borisov, Vesti Issyk-Kulya (Karakol)

The claim against the socio-political newspaper Vesti Issyk-Kulya and journalist Konstantin Borisov was submitted to city court of Karakol city on January 25. The citizen Sabyrjan Turdahodjaev accused the periodical in publication of unverified data.

The article “Do not shoot swans!” written by Borisov (Vesti Issyk-Kulya, №86) was published on November 30, 2004. The author of the article asserted that Sabyrjan Turdahodjaev killed nine swans on Issyk-Kul lake. Turdahodjaev addressed to chief editor of the newspaper Ludmila Pravoslavnova with the pretenses about the published information.

Pravoslavnova couldn’t confirm the fact of killing of birds by Turdahodjaev, therefore she brought apologies in a written form and promised to publish them in the newspaper.

But the claimant was not satisfied by the formulation of refutation. According to his words, the editorial office published the refutation in a short form, which couldn’t allow to understand the essence of a conflict to readers. He intends to collect 50 thousand soms ($1250) from Borisov and 1 million 380 thousand soms ($34500) from the periodical to compensate the moral damage.

January 31

Pervomayskiy regional court (Bishkek)

On January 31 Pervomayskiy regional court of Bishkek took the decision on collecting of 30 thousand soms ($750) from Jany Ordo newspaper to the Ministry of internal affairs of the Kyrgyz Republic.

The reason for claim was the quatrain published in the newspaper on December 24, 2004 and called “Subanbekov…” by the author Kenjebu Toktomusheva.

The claim was submitted by minister of internal affairs Subanbekov on January 3. He intended to collect 1 million soms ($25000) as the compensation of a moral damage for the benefit of the Ministry of internal affairs.  

COMMENTARY

According to the article 17 of the Law of the Kyrgyz Republic “On Mass Media” any citizen or organization has a right to demand from Mass Media for refutation of published information, which don’t’ meet with the truth.

The citizen or organization has a right to publish their answers at the same mass media which published the false information.

The refutation or answer have to be published in the special heading or at the same page and the same font, as the information; in the newspapers – no later than month from the day of demand receipt; in other periodicals – in the next issue. In the case of refusal to publish the refutation of the information the interested party has a right to address to court.

According to article 18 of Civil-remedial Code of the Kyrgyz Republic the legal responsibility at violation of a personal non-rights (honor, dignity and business reputation) comes with a presence of the following conditions:

-if the publication contains exactly information (data), not thoughts, beliefs and estimations;

-if these data is not truth;

-if information harms honor, dignity or business reputation of a claimant from the point of view of observance the laws and moral principles by him. The civil-legal responsibility doesn’t work without these conditions. In this case mass media and author has to prove the reliability of published information. According to the article 60 of Civil-remedial Code of the Kyrgyz Republic claimant by himself has to prove the fact of violation of his personal non-property rights.

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