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February 2005 Monitoring of violations of freedom of speech in Kyrgyzstan in February 2005 In February monitoring registered 46 reports. Twenty five of them define the actual state of mass media in the political atmosphere of the month, 12 give the information on direct violations of mass media and journalists’ rights, and last nine 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 February 10 Bolot Januzakov, deputy head of President’s administration (Bishkek) Bolot Januzakov, deputy head of President’s administration declared that today several Kyrgyz Mass Media bring in the element of destabilization into the public life of Kyrgyzstan, having spread unverified information. “The newspapers MSN, Democrat and Respublica are in the list of these mass media”, noted Januzakov. February 14 Abdil Segizbaev, press-secretary of President of the Kyrgyz Republic (Bishkek) “The separate independent periodicals violate the principle of impartiality during the pre-elections propaganda,” said press-secretary of President Abdil Segizbaev. As the example he took the newspaper MSN having said that this periodical publishes the articles, criticizing the president and his family, having stood up for the objective covering of events. I address to citizens of Kyrgyzstan to have their own point of view concerning the happening events and do not mind the slanderous fabrications of such Mass Media,» said press-secretary. February 14 Askar Aytmatov, Minister of Foreign Affairs of the Kyrgyz Republic (Moscow) “Democracy in Kyrgyzstan exists from the beginning of independent development. I can assert with all responsibility that the freedom of press, freedom of expression is actively used in our country,” Askar Aytmatov, Minister of Foreign Affairs of the Kyrgyz Republic said during the official trip to Moscow. According to the Minister, there are no any obstacles for functioning of opposition press, which can freely publish any critical materials. February 18 Askar Akaev, President of the Kyrgyz Republic (Bishkek) “The presence of freedom of speech, which carries out the responsibility towards the truthfulness and honesty of information, is the highest value of a democratic society,” Askar Akaev said at the meeting with Mass Media representatives. However, according to the President several opposition newspapers in the country, using this freedom, don’t admit the responsibility for their publications and statements. As the example he named the newspaper MSN, which is engaged according to his words, by informational terrorism. Akaev thinks that the only way to protect himself is to turn to people, who entrusted him to manage the country. February 18 Stephen Young, USA Ambassador in Kyrgyzstan (Bishkek) Stephen Young, USA Ambassador in Kyrgyzstan in his interview with the radio Azattyk expressed his concern about the perspective of a court process above the newspaper MSN and possible deprivation of licensee for broadcasting of radio Azattyk in March. According to the words of Ambassador, Kyrgyzstan was attractive for external world for the freedom of speech. He also said that the freedom of speech is the main criteria of democracy for USA and the presence of independent Mass Media is especially actual during the elections. February, 21 Abdil Segizbaev, press-secretary of President of the Kyrgyz Republic (Bishkek) “If Askar Akaev files a claim against MSN newspaper, the newspaper would file a counter claim against him”, editor-in-chief Alexander Kim said. According to him, on February 17, the President accused the newspaper of slander in his televised speech, thus he violated the norms of the Criminal Code, according to which only court can take such decision after the investigating all details. The chief editor of the independent periodical thinks the President’s statement is the instruction given to juridical bodies and pressure on the court decision. “We are ready to protect our business reputation, honor and dignity,” Kim noted. “The editorial office has enough information to prove information published by the newspaper”. 2. Actions by officials defining the actual state of mass media February 08 State Industrial Union of Radio Linear Highways of TV and Radio Broadcasting (Bishkek) State Industrial Union of Radio Linear Highways of TV and Radio Broadcasting announced about the carrying out the open auction for the right to conclude the agreement on rent of radio transmitters of middle and ultra short waves: 1. Radio transmitter with a capacity in 30 kilo watt in Bishkek; 2. Radio transmitter with a capacity in 4 kilo watt in settlements: Bishkek, Talas, Osh, Jalalabat, Sulukta, Tereksay, Karakol, Naryn, Karakul, Gulcha, Kazarman, Balykchy. The rent term is one year, time of broadcasting from 6 pm to 2 am. According to the terms of auction the beginning price for the right of rent agreement conclusion is $ 280 000. February 10 The Central Election Committee of the Kyrgyz Republic (Bishkek) The Central Election Committee of the Kyrgyz Republic issued the list of Mass Media, which received the access to provide airtime and space to candidates, running for Jogorku Kenesh (Parliament) of the Kyrgyz Republic. Thus 85 electronic and print mass media will participate in pre-election propaganda. According to amendments to the Code “On elections in the Kyrgyz Republic” the rules of the pre-election campaign are cruelled toward Mass Media. Thus Mass Media had to publish their costs on publication of advertising articles about the parliamentary elections within 5 days after the President’s rule on appointment of the elections’ date. Mass media which didn’t publish this information in time are deprived of the right to publish the propaganda materials. The separate weekly print periodicals were not able physically to publish their pricelist in time and therefore they were not included into the list of mass media, allowed to participate in the propaganda. According to lawyers for the Institute of Media Representative, some amendments to the Code on elections scorn the basic constitutional rights. February 24 Abdil Segizbaev, press-secretary of President of the Kyrgyz Republic (Bishkek) “International Helsinki group on human rights has no enough information about the events happening in Kyrgyzstan, therefore its critics towards the executive power of Kyrgyzstan is unjustified”, said in the stated Abdil Segizbaev, president’s press secretary at a press-conference in informational agency Kabar. According to him, the executive power in Kyrgyzstan didn’t interfere with the election Parliamentary campaign, and always acts for the transparent and honest elections in Kyrgyzstan. The statement by Segizbaev became the reaction of the Kyrgyz authorities to the recent letter of the Helsinki group to President of Kyrgyzstan, where the official Bishkek was criticized for prosecution of independent Mass Media and for pressure on opposition leaders. This letter called to stop the repressive measures towards the opponents, to create the conditions for full functioning of the independent Mass Media. February, 25 Talant Kushchubekov, first deputy minister of foreign affairs of the Kyrgyz Republic (Bishkek) At the meeting with deputy chief of the US Embassy Mission in Kyrgyzstan, Donald Lu, on February 24 the deputy of Minister of Foreign Affairs of the Kyrgyz Republic Talant Kushchubekov expressed his regret concerning the statement made by the U.S. Ambassador Stephen Young in his interview with radio Azattyk on February 18, where Ambassador stated his concerns about the court process over the MSN newspaper and possible deprivation of the broadcasting license of radio Azattyk. Kushchubekov concerns were caused by the U.S. Ambassador saying if the Parliamentary elections are conducted in violation of laws and democratic standards, it would lead to cooling mutual relations of Kyrgyzstan not only with the USA but also with other countries. “Taking into account partnership between Kyrgyzstan and the USA, existing for many years, the Kyrgyz part doesn’t see any reasons for such statement to have been made,” Kushchubekov said. 3.Evaluations of actual state of Mass Media and freedom of speech February 02 Internet space of the Kyrgyz Republic A dispute continues over whether websites should be given a media status or not, in Kyrgyzstan. Vasilina Brazhko, a head of CIMERA-Kyrgyzstan, says uncertainties over the legal status of websites will cause controversies surrounding the development of online publications. According to Brazhnko, the country has been divided into advocates of the legal status and those who believe it is an attack on the core of the Internet. According to some people, it will solve authorship problems, if the internet acquires legal status of mass medium and the law on online publication is adopted. According to others, Internet is the only truthful source of information, which is not subjected to censorship as well as administrative and criminal prosecution, in totalitarian regime. Meder Imakeyev, “Protection of Democratic Principles of Freedom of Speech in Central Asian States” project coordinator in Bishkek, said future problems faced by those “legalizing” online publications will be that it is impossible to impose such laws on neighbor countries, i.e. websites. February 02 Central Elections Committee of the Kyrgyz Republic (Bishkek) The electoral campaign of candidates, running for Jogorku Kenesh (Parliament) started in Kyrgyzstan. According to the decision of Central Elections Committee from February 2 the Kyrgyz mass media, which were admitted to the participation in pre-elections propaganda have a right to publish propaganda materials. Brought changes into the Code on elections in the Kyrgyz Republic toughen the rules of pre-election campaign towards Mass Media. According to point 2 of the article 30 of this Code, the pre-elections propaganda is the calls to vote for ones or another candidates or against them; the expression of preference towards any candidate; description of possible consequences of election or non-election of a candidate. It means that journalistic materials, which cover the pre-elections campaign will be estimated as the agitation in case of including the calls to vote for or against candidate into them. The covering the facts about any actions, which reveal moral and other qualities of the candidates will be also estimated as the propaganda. The term «inadequate propaganda activity» means the using the facts on health condition, family life, household habits of the candidates in reports, plots and publications. According to the lawyers of Institute of Media Representative, following the demands, incorporated in the Code on Elections in the Kyrgyz Republic, Mass Media will be obliged to withdraw from the covering of election campaign, considerably reducing the volume of information about candidates, or will violate the norms of the law with all consequences following from it. February 09 Mambetjunus Abylov, leader of Democratic development party of Kyrgyzstan (Moscow) Radio Echo Moskvy aired live Mambetzhunus Abylov, a leader of Democratic Party of Development in Kyrgyzstan and former ambassador to Malaysia, saying there are no TV channels in the country, presenting opposition views. According to him, the attempts of authorities to create an information vacuum for their opponents resulted in the absence of independent TV companies. “The fight against dissidence resulted in Kyrgyzstan having no Kyrgyz-language publications, being able to provide its readers with opinions of people, who are capable of thinking beyond the state ideological machine. Today opposition views can only be published by MSN newspaper and broadcast by Radio Svoboda,” Abylov said. February 11 Humanitarian informational agency UN (IRIN) (Bishkek) Referring to a publication’s chief editor, who would like to remain anonymous, the IRIN, a UN humanitarian information unit, informed that pro-governmental media outlets should follow recommendations given by the Presidential Administration of the KR in covering the election campaign. According to him, editors of government-controlled media outlets were given strict instructions on how to cover the election. In particular they were ordered to create an information vacuum for the opposition candidates. The report mentions that despite all the promises given by senior officials and CEC chairman, the principle of equal access to advertising resources for all candidates running for Jogorku Kenesh (Parliament) is not observed. February 15 Rachel Denber, acting as director of European and Central Asian branch of international organization Human Rights Watch Rachel Denber, the executive director of European and Central-Asian department of international organization addressed with an open letter to President of the Kyrgyz Republic Askar Akaev. This letter expresses concern by the Mass Media condition during the parliamentary elections. The letter notes the usage of administrative resource, directed to muffle the critics towards the governmental candidates used by the authorities. The special concern of the human rights activists causes the limited access of the opposition to TV ether, while the government uses its influence on broadcasting Mass Media for public insult the opposition. «During many years the government or connected people keep the dense control under the national TV channels. The only one exception was the Piramida TV channel, which sometimes admitted the critics of the authorities. In 2004 the control share holding passed to group of investors who are connected with Your son Aydar Akaev. The organization on monitoring of Mass Media situation note that now Piramida will lose even partly independence,» said in the letter. Rachel Denber expressed her regret that the opposition politicians have limited possibility to express their point of view in the ether since the beginning of pre-election propaganda. Their performances on TV channels frequently are accompanied by the devastating comments. «TV and Radio Company KOORT (one of the media-holdings controlled, as it said, by your son-in-law Adil Toygonbaev) shows the greatest eagerness to press opposition, which is known by its programs, where the human rights activists and opposition leaders are derided and discredited,» thinks Denber. The attention of a President is turned to the condition of press mass media. It is noted that the authorities still use the prohibited court claims and usage of a new administrative methods against the critical periodicals. As an example of the fact of illegal usage of antimonopoly legislation against the leading independent newspaper is showed. February 18 Reporters without borders In a public statement, Reporters without Borders condemned harassment of independent media in Kyrgyzstan. Last month the international organization collected materials on such infringements. In particular, human rights organization raised concerns over MSN newspaper, facing prosecution on charges of publishing falsehood about President’s family. The Reporters without Borders deems the prosecution of the paper as efforts to stifle free speech in the country. February 19 NGOs (Bishkek) The civil sector of Kyrgyzstan acted with the reference to protect the speech freedom in Kyrgyzstan. «The serous danger above the constitutional right of the citizens to receive independent and objective information appeared nowadays. It is made intentionally to make Kyrgyzstan’s people have no choice and be oriented only to governmental and family Mass Media» said in the document, signed by the heads of public organizations. February 22 Shamaral Maychiev, Media Representative of the Kyrgyz Republic (Bishkek) «All mass media without exceptions violate the legislation in pre-election propaganda», said Media Representative of Kyrgyzstan Shamaral Maychiev at the press-conference in informational agency AKI-Press. According to his words the violations touch the term frameworks of propaganda. «First of all it should be noted that in most cases the pre-election propaganda started earlier than it was established by the legislation», noted Maychiev. Besides, almost all journalists selectively write about the candidates, promoting the actions of one, and keeping silence about another. As Elvira Sarieva, executive director of Internews-Representation noted Mass Media fixed the difference between the pre-elections propaganda and informational messages about the candidates. She explained that most journalists, having informed about the activity of the candidate, possibly impose their own opinion, even if they did not want to do this. However according to the words of Maychiev, the Law «On pre-election propaganda» says that the propaganda materials is when the author of the article or report directly call to vote «for» or «against» the candidate. February 25 USA Embassy in Kyrgyzstan (Bishkek) “ The USA government is concern about the fact, that inability of Kyrgyzstan’s authorities to renew the electricity supply to the publishing house Center for Mass Media support can be the part of the pressure on free press in Kyrgyzstan before the elections», said in the official message of U.S. Embassy in Kyrgyzstan. The independent publishing house in Bishkek was disconnected in the morning of February 22 and according to Andrey Miyasarov, director of Publishing house this incident carried out the political motives. On February 23 U.S. Embassy as the donor and partner of Publishing house has provided the emergency generator for continuation of the activity till the elections. The message from U.S. Embassy notes that «the high officials assured us that soon the electricity will be given, but the publishing house did not receive the electricity for today». The U.S. government is sure that people of Kyrgyzstan must have the access to all kind of Mass Media before the elections. Also it calls the Kyrgyz government to renew the electricity supply to publishing house and thus to demonstrate its adherence to freedom of speech in Kyrgyzstan. The independent publishing center prints more than 60 local and regional newspapers, governmental and oppositional. Bolot Januzakov, deputy head of president’s administration, Askar Aytmatov, minister of foreign affairs and USA senator John McCain are the members of Observant Council. February 26 OSCE Center (Bishkek) OSCE Center in Bishkek expressed its serious concern about the situation in Mass Media filed in Kyrgyzstan. It is connected with the cut off the broadcasting of radio Azattyk in ultra short waves and FM ranges and also with the termination of the electricity to the publishing house of Center of Mass Media Support, which prints the local and regional newspapers covering the political events. «Considering the necessity of duly and full covering of the events, in particular the election process, this kind of incidents undoubtedly limit the right of citizens for free access to information,» declared head of Bishkek OSCE office Marcus Muller on February 25. According to his opinion this situation will be widely covered by the foreign Mass Media and will cause the negative resonance of a world publicity. 4. Actions by journalists on protection of their civil and professional rights February 02 Kuban Mambetaliev, Public Association «Journalists» (Bishkek) Commercial private TV channels resumed broadcasting through KTR, RTR and ORT network in Kyrgyzstan. National TV Radio Corporation issued an order on 28 January 2005 to halt broadcasting all private and commercial TV and radio companies around the country through KTR, RTR and ORT network. According to Syrtbai Musayev, president of the National Broadcasting Corporation, it disrupted broadcasting because private TV channels failed to sign rebtal contract. “This problem has been solved, we remanded the decision, that’s why Radio LW (Karakol), TV and radio channel Keremet (Osh), Shankai (Naryn), Ayan (Naryn) resumed broadcasting,” he said at the Republican conference “Civil Institutions and Election: Kyrgyzstan during the 2005 Parliamentary Election.” He made such statement after Kuban Mambetaliyev, head of Public foundation “Journalists”, criticized unconstitutionality of the administrative order, in the wake of the election. February 11 Editorial office of web-site www.gazeta.kg (San-Francisco) The editorial office of web-site www.gazeta.kg acted with the call to ignore Mass Media, belonged to Adil Toygonbaev, President’s son-in-law. «It is not a secret that the Kyrgyzstan’s authorities finance the activity of political technologists, who make the dirty articles about the opposition. Despite this fact these people with the persistence continue to press the public and state figures, whose political sights don’t coincide with the position of their masters», noted in the reference of the independent on-line edition. The editorial office of the site calls to express the protest against the dirty methods of the struggle against the Akaev’s regime by ignoring Mass Media, belonged to Adil Toygonbaev, especially the informational agency KyrgyzInfo, the newspaper Vecherniy Bishkek, TV and Radio Companies KOORT and Piramida and radio station Love Radio. February 14 Radio Salam (Batken) Radio Salam’ telephone line was disconnected during a live show presenting Abazbek Zhamalov in Batken. The presenter had to use another telephone line to receive calls from listeners. Soon after the end of the radio programme, telephone line was reconnected. “It seems like, telephonists try to benefit someone, who is afraid of objectiveness,” the radio station editor Maksuda Aitiyeva, said. She said that Radio Salam will send a complaint to Batken Administrative unit of Kyrgyztelecom and court. February 18 Institute of Media Representative, Public Union Internews-Kyrgyzstan (Bishkek) Institute of Media Representative and public union Internews-Kyrgyzstan acted with a statement, where they called president Akaev to change his intention concerning the submission of a court claim against the newspaper MSN and its authors. The statement said that according to Law of the Kyrgyz Republic «On guarantees of activity of President of the Kyrgyz Republic» the honor and dignity of a President is protected by the Law, therefore Askar Akaev has a right for protection of his honor, dignity and business reputation. At the same time, having proclaimed Kyrgyzstan as the island of democracy and being equaled to the countries with a high level of democracy the fact of existence of a term «public figure», which becomes the object of a high attention appeared in Kyrgyzstan. «Having submitted court claim against the independent newspaper the head of state can damage image of the country, which proclaimed about its adherence to democratic values, and also can paralyze the activity of Mass Media during the pre-election period», said in the statement. February 18 Alexander Kim, MSN (Bishkek) “In case Askar Akayev files a lawsuit against MSN newspaper, the paper will file a counterclaim against the President,” Alexander Kim, MSN senior editor, said. According to him, the President accused the paper of libel in his televised address, which is direct violation of the Criminal Code of the KR, because such accusation might be made by the court only, after it closely studied all details of the case. The senior editor believes that the President’s words could be seen as an instruction for judicial bodies and an attempt to influence the court. “We are ready to stand for our business reputation, honor and dignity of our personnel,” he mentioned. Kim believes that in case the court starts the proceedings, it will help clarify many things; anyway the editorial staff is ready to prove their words. “The editorial board has enough information to prove what is published in the pages of the paper,” he said. II. VIOLATIONS OF MASS MEDIA AND JOURNALISTS’ RIGHTS 1. Illegal demands on censorship of publication February 15 Echo Manasa (Jalalabat) Journalists with regional TV Company “Echo Manasa” informed that Jalalabat authorities attempt to censor information being used in political ad campaign of independent candidates. They said that the editorial board received several calls from the regional authorities ordering the channel to stop broadcasting Bektur Asanov’s political ad, saying it negatively influences the mood of the voters. The political ad reminds the audience of the March 2002 tragic events – where officers fired on the protesters, killing 6 people. “We disobeyed the unlawful order of the state officials, because we believe there are no unlawful and amoral facts in the content of the political ad,” TV journalists said”. *COMMENT* It is necessary to follow the norms of the Law «On advertising» which foresee the common and special demands to advertising. If the advertising clip of the candidate Asanov doesn’t violate the given demands, the actions of administration of Jalalabat oblast are not based upon the Law. Besides, it should be reminded that censorship in the Kyrgyz Republic is prohibited and this prohibition is put by the point 10 of the article 16 of the Kyrgyz Constitution, also in the article 1 and 4 of the Law «On Mass Media» and Law «On protection of professional activity of a journalist». According to article 4 of the Law «On protection of professional activity of a journalist» nobody has a right to demand from a journalist to adjust the messages and information, also to demand to change the text or take-off the material from publication (ether). 2. Violation of economic rights of Mass Media February 05 Alisher Toksonbaev, Fund of Mass Media development (Osh) The Foundation of Mass Media Development and Journalists’ Rights Protection and Public Foundation “Civil Society against Corruption” organized a forum which began with confrontations between an official of Osh library administration and Alisher Toksonbayev, President of the Foundation and ended with them fighting. The incident started with Myrzayeva, director of Osh regional library, asking to leave a premise, where the forum was supposed to begin. “I did my best to prevent [them from] holding the opposition forum against President Akayev,” she said. The President of the Foundation informed that the premise was rented the day before the incident. February 25 Radio Azattyk (Bishkek) According to the decision of the State production association «Radiorelay highways of TV and radio» the broadcasting of the programs of the international radio Azattyk on the local waves and short waves was stopped on February 24. As the representatives of the association said they executed the order of their administration, which declared about the prescheduled termination of the agreement action. The representatives of the executive power explain the termination of the broadcasting of the independent radio station by the announcement of tender for the radio transmitters of these radio frequencies. The announced tender for sale of the frequencies, which were used by Azattyk have to be conducted before March 10, and before this date nobody has a right to switch off the radio station. As director of Azattyk Kiyaz Moldokasymov said the international organizations-founders of this radio station also intend to participate at this tender. The Kyrgyz office of this independent radio waits for the reply for this situation from the headquarters in Prague. And now the broadcasting will be conducted by the retranslation through the independent Bishkek radio Almaz and through «short waves», which are gone through Germany. February 22 Center for Mass Media Support (Bishkek) In the morning on 22 February an independent printing firm was left without electricity in Bishkek. According to Andrei Miyasarov, the power cut caused printing firm failure to print 15 newspapers, including MSN, Respublika and others According to power company employees, a fault on the high-voltage line caused the interruption of supply. However, printing firm staff says that the power failure affected only producing part of the printing firm, but printing firm’s warehouse and neighbor industrial companies were not affected at the same time. According to Sever-Electro company staff, who wished to remain anonymous, the power failure was an order “from above”. The President’s press service refused to comment on the incident, allegedly because it is not right to look for any political motives, when facing purely technical problem. Andrei Miyasarov, director-general, informed that the Independent International Printing Firm plans to file a lawsuit against Sever-Electro company. *COMMENT* Any economic figure uses the rights and carries the responsibilities, foreseen by the Law or obtain the rights and responsibilities by the conclusion of civil transactions (agreements). The rights and responsibilities cause transactions, in our case it is the agreement on place rent. The conditions of agreements are obligatory for parties, who concluded this agreement. In the case of non-execution, or non-appropriate execution of agreement’s conditions by one of the party, the other party has a right to demand for execution of agreement and collect all loses, caused by such non-execution, including lost benefit. According to article 9 of the Law «On electric and post connection» the radio frequencies spectrum and orbital positions of network satellites are the exclusive right of a state. The use of radio frequencies spectrum in the aims of exploitation of electricity connection, rendering the services of electricity connection, services of transferring of data or services of Mass Media is realized by legal or physical entity on the basis of permission of state agency on communication. The permission on use of radio frequencies spectrum is given simultaneously with the receiving the license by the operator of electricity communication, service of electricity and mass media in accordance with the demands of the current law. Permission on use of radio frequencies spectrum is given for the same term, as the license for exploitation of electricity communication network, rendering the services of electricity, transferring the data and distribution of TV/Radio programs. The frequency allocations, given to users, can be cancelled, changed, modified or re-distributed by state agency on communication only in the following cases: when such actions are demanded in interests of providing of national defense, safety, protection of order or at extreme situations and only by the decision of Government, or according to the international agreements or recommendations of international organizations in field of use of radio frequencies, or in the aims of more full use of radio frequencies spectrum if such users received permissions for use of other spectrum in due time. *In this case the state has to cover the expenses, made by the network operators in connection with the extreme transition to another frequencies.* In our case if other users of frequencies which were used also by radio Azattyk are continuing to broadcast after the short break it is necessary to follow the content of agreement, which was concluded between radio Azattyk and joint-stock company KyrgyzTelecom and if it will be established that KyrgyzTelecom violated the agreements’ demands, this question must be solved in a court way. In accordance with the article 17 of the current law the consumers have a right to address with appeal against the enterprise which allocates the frequencies to state agency on energetic under the Government of the Kyrgyz Republic or to court, if the termination of electricity supple and worsening of its quality is happened because of provider’s fault. Mass media or its owner as any other economic person has a right to submit suit on responsibilities, originated because of harming or non-execution of agreements conditions, and demand for compensation of all loses, expenses, lost benefit. Mass media also has a right to demand in a court way for execution of agreement’s conditions and compensation of all expenses by the guilty party. 3. Unreasonable demands to take-off the publications February 24 Oleg Pankratov, Novaya gazeta (Karakol) Oleg Pankratov, editor of the independent newspaper Novaya gazeta, which is published in Karakol, informed about the attempt of pressure on him by unknown people. On February 23 at 8 pm someone who named himself Igor Hanin called him and asked for meeting, which took place in car with more two unknown men. They asked the journalist to show the material about Dokturgul Kendirbaeva, candidate to deputy, which was prepared for publication. After these people red the article, they demanded not to publish these materials. They suggested all variants, up to the personal payoff and repayment of all circulation. Pankratov was able to leave the car, having simulated the process of negotiations. *COMMENT* Demands of unknown people to take off the publication in the given case are the direct violations of norms of the current legislation. Point 9 of article 16 of the Kyrgyz Constitution says that every citizen has a right for freedom of thought, speech and press, and also for their free expression. No one can be compelled for expression of his beliefs and opinions. According to article 4 of the Law «On protection of professional activity of a journalist» nobody has a right to demand from a journalist for preliminary agreement of messages and materials, and also the text changing or full taking off the material from publication or ether. 4. Brining the material damage to journalist February 09 *Vecherniy Bishkek* (Bishkek) Candidates running for the Parliaments in Gagarin polling district in Bishkek organized a meeting with voters on February 09. The meeting ended with a massive fight among voters. As a result, Vecherniy Bishkek newspaper journalists’ camera was damaged. COMMENT In the given case in a result of disorder the owner of video camera received non-property damage. Journalist can demand from a guilty person to restore the broken camera or to compensate its cost. In the case if camera was broken on purpose and material damage is significant above 1000 soms the actions by malefactor is qualified according to the article 174 of the Criminal Code of the Kyrgyz Republic. 5. Obstruction to lawful professional activity of a journalist February 03 Tynych Mamaev, Ravshanbek Rizakulov, Jalalabat state TV and Radio Company Unknown people prevented the professional activity of correspondents of Jalalabat regional state TV and Radio Company Tynych Mamaev and Ravshanbek Rizakulov. In the morning of February 2 the journalists came to the territory of the Uzbek-Kyrgyz university for preparation of a report about the accident at the electric station situated here. When they began recording two men came up to the journalists and took away their camera, having said that the journalists are at the private territory (University belongs to the president of the Uzbek national-cultural center Kadyrjan Batyrov). The video camera was returned to the journalists only after Mamaev and Rizakulov said that they will address with the application to militia. February 28 G.Kydyralieva, S.Ismakeev, TV Company Ayan (Naryn) The representatives of law-enforcement organs made attempt to obstruct to activity of correspondents from TV Company Ayan. During the taping the meeting of the supporters of Tursunbek Akun, candidate to deputy to Parliament, which was held in Naryn, the militiamen took away the video camera from correspondents G.Kydyralieva and S.Ismakeev. According to the journalists’ words, the militia workers offended TV journalists. *COMMENT* The Constitution of the Kyrgyz Republic guarantees the possibility to receive and distribute information in any way not prohibited by the law to every citizen. Therefore nobody can interfere the execution of journalists’ professional activity. Articles 4 and 5 of the Law «On protection of professional activity of a journalist» define that access to information can not be limited if this information presents public interest. Journalist has a right to collect, store, use and distribute information in oral ,written or any other way and also to conduct investigations, to take notes in established order, including use of technical means, etc. Obstruction of the lawful professional activity of a journalist by compulsion him for distribution or refusal from distribution of the information makes the crime structure, foreseen by the part.2 of the article 151 of the Criminal Code of the Kyrgyz Republic. Obstruction of the professional activity of a journalist, committed by a person with a use of his service position, with the use of violence or with its threat also makes the crime structure, foreseen by the part 2 of the same article of the Criminal Code. 6. Unreasonable demands to present information February 15 Guljan Asanova, Akiykat (Jalalabat) According to the correspondent of oblast newspaper Akiykat Guljan Asanova Jalalabat oblast management of Service of national safety collects the materials on journalists. According to her words during the next meeting the worker of oblast management of service of national safety called to the editorial office and demanded to present the resume of all journalists. «We were extremely indignant by such illegal actions which are aimed to render the psychological pressure on our staff,» said Asanova. *COMMENT* The demands of employees of service of national safety to present the information about journalists are not based upon the law. According to article 6 of the Kyrgyz Constitution the collection, storage, use and distribution of confidential information is not admitted without the permission of the person, except those cases established by the Law. 7. Unjustified refusal to present publicly-important information February 19 Radio station Almaz-Naryn (Naryn) Aychurek Samakova, director of Naryn School named after V.Chkalov refused to give information of public importance to the correspondents of radio station Almaz-Naryn. The journalists were interested the school decided to stop teaching history. According to the parents’ opinion, who called to radio station, the temporarily excluding of this subject from the schedule is connected with the forthcoming elections. *COMMENT* 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. 8. Illegal limitation of access to web-sites February 28 Independent on-line editions (Kyrgyzstan) According to information by the Open Net Initiative the web-sites, belonged to political parties and independent Mass Media faced with technical problems and deliberate breakings before and during the elections to Parliament. On February 25-27 the analytics of ONI documentary fixed the complex of failures in work, which foresees the presence of a deliberate attempt to interfere into the functioning of Internet during the pre-election period. The attacks consist of overflow of the e-mails of the journalists by the big amount of spam and also of falsification dispatches, made from electronic addresses of the Kyrgyz web-sites, located in USA. On February 26 in a result of DOS attack (Refuse in service) temporarily all web-sites, located at providers El-Cat and AsiaInfo didn’t work. These Internet providers occupy more than 90 % of the market of Internet-services in Kyrgyzstan. The web-sites of many political parties, Mass Media and NGOs are located on these providers. Sharp increase of the traffic, connected with the violations in the activity of hosting services of El-Cat and AsiaInfo let to the fact, that higher providers in Russia and Europe have blocked the access to IP addresses of ElCat and AsiaInfo, as the web-sites, located on this Providers became inaccessible in Kyrgyzstan and abroad. February 28 Web-resources of Kyrgyzstan Suddenly before the parliamentary elections in Kyrgyzstan, which were held on February 27, several informational Internet-sites «silenced» at once. In particular, site of the Kyrgyz informational agency Kabar http://www.kabar.kg was broken off on February 27. It renewed its work only in the evening. The Kyrgyz on-line editions as ResPublica (www.respublica.kg), MSN (www.msn.kg), www.kyrgyz.us, www.monitroing.kg were not in access within two-three last days. According to the opinion of independent technical experts this simultaneous and mass switching-off the independent web-resources is considerable to be at least strange. The epidemic switching-offs touched not only the Kyrgyz sites. Also the popular site CenterAsia (www.centrasia.ru), which is situated on the domain ru also didn’t respond for requires. *COMMENT* According to the current legislation the web-sites are not concern to the mass media. Nevertheless the violations of provider’s responsibilities before the Internet users on appropriate activity of Internet is obvious is this case. Also the rights of citizens for free receiving of information and its distribution, which is guaranteed by the Constitution is violated in this case. 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 February 02 Vecherniy Bishkek, MSN (Bishkek) According to the information from Alexander Kim, editor-in-chief of the newspaper MSN, the editorial office of the newspaper Vecherniy Bishkek submitted the court claim against the newspaper MSN and journalist Rina Prijivoit with a demand to fine 5 million soms ($125 000) from the newspaper and 200 thousand soms ($5000) from the journalist. Besides Olga Bezborodova, former editor of the newspaper Vecherniy Bishkek addressed to court. She presented the claim for 2 million soms ($ 50 000) to the newspaper MSN, and 100 thousand soms ($ 2500) from journalist Rina Prijivoit. February 16 Gulnur Keldibaeva, Fergana (Jalalabat) Jalalabat city court under the chairmanship of Toktosun Suerkulov has passed the justificatory decision to the newspaper Fergana and journalist Gulnur Keldibaeva. The court didn’t satisfy the claim by Soyko Alieva. The claimant accused the newspaper and journalist in publication of false data in the article «Why the citizens of Suzak are dissatisfied by court», which was published in the newspaper on October 29, 2004, and damaged her honor and dignity. She demanded compensation for 100 thousand soms ($2500) from the newspaper and 50 thousand soms ($1250) from the author of the article. The court has not seen the presence of offensive information and fact of distribution of unverified data in this publication. February 17 E.Junushev, B.Sagyndykova, Naryn oblast TV Company (Naryn) The employee of Naryn city Consumers’ Union Alymbek Bidinov stated about his intention to submit court claim against the journalists of Naryn oblast TV Company E.Junushev and B.Sagyndykov. The conflict situation is following: On February 6 his name was included into the list of debtors for electricity in the program of this TV Company. The journalists informed that he has a debt 200 soms ($5) for electricity. Bidinov in his turn accused journalists in distribution of false information. February 17 Radio station Almaz-Naryn (Naryn) According to the information from Jarkyn Ibraeva, director of radio station Almaz-Naryn candidate to deputy on Naryn district № 32 M.Jumabaev collects the documents to submit court claim against this radio station for distribution of unverified information. On February 9 the citizen of village Lahol of Naryn oblast A.Erkinbaev informed during the direct ether in the news program, that he was beaten by the representatives of pre-election staff of Jumabaev. February 17 MSN (Bishkek) On February 15 the Oktyabrkiy regional court started the court consideration above the city newspaper MSN. The claims against this periodical were submitted by the editorial office of the publishing house Vecherniy Bishkek and its former editor-in-chief Olga Bezborodova for damaging the business reputation. The claimants demand 5 million soms from the newspaper ($ 120 000), 200 thousand soms ($ 5000) from correspondent Rina Prijivoit and 50 thousand soms ($1250)from correspondent Larisa Li for brought moral damage. Ex-editor of Vecherniy Bishkek Olga Bezborodova demanded to collect 2 million soms ($5000) from the newspaper, and 100 thousand soms ($2500) from Rina Prijivoit. Alexander Kim, editor-in-chief of the newspaper MSN thinks that the address to court by Vecherniy Bishkek is absurd. «In the given court process we act simultaneously as the shareholders of Publishing House Vecherniy Bishkek. I and Rina Prijivoit are the holders of shares of Vecherniy Bishkek. It appears that we submit a court claim against ourselves?» The representatives of the newspaper MSN, state secretary Osmonakun Ibraimov, Adil Toygonabev, President’s son-in-law, the claimants and Olga Bezborodova are invited to the court process. The next court session will take place on February 25. February 17 MSN (Bishkek) The representatives of joint-stock company Kyrgyztelecom, Kyrgyzgas and Electric stations acted with the refutation of information about their belonging to Aydar Akaev, son of the president. This note was published in the newspaper MSN on February 12. According to I. Kolbaev, representative of Kyrgyztelecom these companies created the block to protect their business reputation. According to his words the possibility to submit court claim against this periodical is under the consideration as this kind of information can seriously damage the image of companies. February 21 Itogi nedeli (Osh) The administration of Osh cafe Atabek submitted court claim against the local newspaper Itogi nedeli and asked to collect 50 thousand soms ($1250) from the newspaper for moral damage. Svetlana Gafarova, editor of this periodical has informed that on January 28 the newspaper published the article «Special tools of account». The author of the article Artur Zaripov informed the readers that the several points of public feeding in Osh have a debt to energy workers for light, including the cafe Atabek. The correspondent refers to the press-release of joint-stock company Oshelectro (№45/05 from January 14 2005), where it published the list of debtors for electricity. Despite this fact the administration of cafe intends to sue newspaper and receive the material compensation for the moral damage. February 25 Kyrgyz National TV and Radio Broadcasting Company (Bishkek) Jusupbek Bakiev, candidate to deputy to Jogorku Kenesh (Parliament) of the Kyrgyz Republic from Jalalabat election district № 30 declared about his intention to submit court claim to protect his constitutional rights, honor, dignity and business reputation. According to his words, the Kyrgyz National TV and Radio Broadcasting Corporation in its reports biassedly illuminated the conduction of pre-election campaign. «Within several days National Corporation shows non-objective reports, having distorted the facts and described the events, which didn’t take place,» said Jusupbek Bakiev. *COMMENT* 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. If one of this point is absent, the civil-legal responsibility does not work. According to the demands of art.60 of Civil Code, claimant has to prove the fact of distribution of the damaging information by a person, who faced with the claim, and the respondent has to prove the information is true or false. *According to art.26 of the Law “On mass media” mass media bodies do not responsible for distribution of unverified information in mass media if:* - *this information was contained in official documents and messages;* - *if information was received from informational agencies or press-services of state and public organs;* - *if information is a reproduction of words at public performances;* *if this information was contained in performances of citizens, leaded to ether without preliminary record.* 2.Accusations in violation of the Law of the Kyrgyz Republic «On elections» and «On advertising» February 15 Jalalabat TV Company (Jalalabat) Candidate to deputy to Jogorku Kenesh of the Kyrgyz Republic from Kyzyltuuskiy elections district № 28 (Suzak region of Jalalabat oblast) Bektur Asanov announced about his intention to submit a court claim against the Jalalabat TV and Radio Company. According to the words of Asanov on February 2 the representatives of his pre-election staff concluded the agreement with TV and Radio Company for showing the advertising clip. According to the budget 45 minutes of ether time was paid. However after the TV and Radio Company annulled this agreement itself. The administration of TV and Radio Company explained the reason of the refusal by the negative tone of the clip toward the happened events in the country. This advertising clip reminded the tragic events in Aksy region in March 2002, when fire-arms were applied against the peaceful demonstrators, who acted with the protest against the decision of the officials to transfer 90 thousand hectares land to China. *COMMENT* According to article 32 of the Code «On elections in the Kyrgyz Republic» order, volume and time of radio and TV programs, assigned for pre-election propaganda are established by the election commissions on agreement with the administration of TV/Radio organizations and distributed with the following of principle of equality between candidates. According to article 7 of the Law «On advertising» the advertisement must not induce the citizens to violence, aggression and dangerous actions, which create the threat to their life and health, also must not call to disorders and panic. According to article 23 the advertisement producer has to inform advertiser about the fact that execution of demands by the advertiser while the advertisement is producing can lead to violation of the Kyrgyz legislation on advertising. If advertiser despite of duly and motivated warning by advertisement producer will not change his demand on advertisement or will not present the documental confirmation on reliability of information, presented for advertisement producer, or will not remove other responsibilities which can make advertisement to become improper, the advertisement producer has a right to annul the agreement in established order and demand for full compensation of loses, if the agreement doesn’t foresee other. *In the given case if the candidate to deputies Asanov didn’t’ violate the norms of the Laws, the actions of administration of Jalalabat TV Company are not based upon the Law.* Home Page