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March 2005 Monitoring of violations of freedom of speech in Kyrgyzstan in March 2005 In March monitoring registered 67 reports. Thirty six of them define the actual state of mass media in the political atmosphere of the month, 28 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 March 01 Askar Aytmatov, Minister of Foreign Affairs of the Kyrgyz Republic (Bishkek) Minister of Foreign Affairs of the Kyrgyz Republic Askar Aytmatov expressed his disagreement with the statements made by OSCE observers that media outlets were restricted during the election campaign. According to the official, Kyrgyzstan’s authorities made everything possible for open and public election campaign and elections. “Nobody interfered with opposition newspapers’ distribution, ad materials of opposition candidates. On the contrary all conditions for the opposition candidates were foreseen.” According to him, the international observers didn’t take into account the specificity of processes and conditions of the democratic transformations made in socio-political, economic and social fields. On February 28 OSCE observers specified that the election lacked particular things. In particular, the observers noted that candidates had unequal opportunities to access TV and press. March 01 Sulayman Imanbaev, chairman of Central Election Commission (Bishkek) Head of the Central Election Commission Sulayman Imanbaev denied the facts of pressure upon Mass Media during the election campaign. According to him more than 90 Mass Media participated in Parliamentary election campaign. Only 18 of them were governmental. “Each candidate independently of his political orientation had an airtime portion on state radio and TV and joint debates and also newspaper space in the press,” noted Imanbaev. “Nobody limited the freedom, all candidates running for the Parliament had equal conditions and rights, such statements are not true,” he added. March 04 Poll Jones, charge d'affaires of USA mission in OSCE (Bishkek) USA called on the Government of Kyrgyzstan to renew the electricity supply to the single independent publishing house in Kyrgyzstan and allow radio Azattyk to broadcast in the same volume. “The electricity supply to publishing house, which is financed by USA, Netherlands and Norway was stopped on February 22 just before the parliamentary elections,” said American diplomat Poll Jones from the Organization on safety and Cooperation in Europe. The Kyrgyzstan’s authorities didn’t permit radio station Azattyk to broadcast in some regions of the country since February 25. According to Jones, who also is the attorney in affairs of mission of USA and OSCE, the renewal of electricity supply to publishing house and the sanction to switch on the radio Azattyk will promote the democratic will of the voters on March 13. “This fact will demonstrate the adherence of Kyrgyzstan to the future, when the main roles will be given to freedom of expression and independent mass media,” said Jones. March 05 Bolot Januzakov, deputy head of president’s administration (Bishkek) Bolot Januzakov, deputy head of president’s administration stated at a press conference in agency Kabar that US senator John McCain had been misinformed about the situation centering around the radio Azattyk and printing firm Foundation to Support Mass Media”. Januzakov mentioned that the radio Azattyk management had been informed about the tender, but failed to do anything, so they should rather be blamed for their own problems. Additionally, he said that the Republican Production Association of Relay Routes of TV and Radio Broadcast informed the Azattyk management of the tender, which had been scheduled for March 10 2005. Also he mentioned that electricity supply to the printing firm was usually supplied by another private substation, not by “Severelectro”. Besides, he said that Andrey Miyasarov, had phoned him several times before the incident, to inform that someone wants to kidnap pr kill him. “Now he believes that his printing house was disconnected from electricity,” he said. Januzakov and Aytmatov, who both are the members of the Foundation to Support Mass Media’ Board of Trustees, had to propose the Freedom House to investigate the case in order to clear up the allegation made against the Kyrgyz authorities. March 11 Talant Kushchubekov, first deputy Minister of Foreign Affairs (Bishkek) “The government of the Kyrgyz Republic doesn’t interfere in mass media activity,” said first deputy Minister of Foreign Affairs Talant Kushchubekov at the meeting with representatives from the OSCE and other international NGOs, which was held before the second round of elections. According to him the political administration undertakes all efforts to prevent persecution of the opposition and create necessary conditions for mass media activities. During the meeting international observers paid special attention to necessity to maintain freedom of the press, especially during the elections. They hope that authorities would not interfere in mass media activities, and mass media in its turn will provide society with objective and balanced information. March 11 Shamshybek Medetbekov, head of state administration of Naryn oblast (Naryn) The governor of Naryn oblast Shamshybek Medetbekov accused radio Azattyk, informational agency AKI-press and the newspaper MSN in biased coverage of events. In particular, he noted the tendentiousness of information around the protest meeting in Naryn city. March 30 Kurmanbek Bakiev, acting president of the Kyrgyz Republic (Bishkek) Kyrgyzstan’s acting president Kurmanbek Bakiev said in his speech, broadcast live, that all newspapers, including government-controlled, should be free. Bakiyev, addressed the problem faced by the National TV and Radio Corporation, saying he had no purpose to impose new managers on the staff. According to him, Dastan Sarygulov, the state secretary, was ordered to propose candidates, who are to be approved or disapproved by the staff. The head of the state stressed attention on the necessity for all media to be free from any kind of pressure, in order to be objective and fair. 2. Actions by officials defining the actual state of mass media March 03 Askar Aytmatov, Minister of Foreign Affairs of the Kyrgyz Republic, Bolot Januzakov, deputy head of president’s administration (Bishkek) The members of Trustee Board of Foundation to Support Mass Media Minister of Foreign Affairs Askar Aytmatov and deputy head of president’s administration Bolot Januzakov sent the letter to management of Freedom House and its director Jennifer Windsor. The representatives of official Bishkek demanded for convocation of urgent session of Council of Trustees of Foundation in order to conduct the detailed investigation on points of pretenses toward the Kyrgyz government. The suggestion of the Kyrgyz government to organize the emergency meeting is connected with the recent statement made by Freedom House concerning the cutting the electricity in publishing house. The statement by Freedom House blamed Kyrgyzstan’s authorities in prosecution of speech freedom and breaking the democratization of the country. Senior officials of Kyrgyzstan believe these accusations are baseless, as this problem is connected to the lack of documents allowing to set a new electric substation”. The fact of switching off the electricity in publishing house before the parliamentary elections caused a resonance in the world and sharp reaction among the American politicians. The US senator John McCain made a statement having declared that “the most indignation is caused by the compelled closure of the single independent publishing house in Kyrgyzstan. The electricity supply was terminated after the statement made by president Akayev, after his public performance about the corruption in the country. Such manner to control the information flow reminds me of the Soviet epoch.” March 07 Kubanychbek Begaliev, general director of Republican Production Association of Relay Routes of TV and Radio Broadcast (Bishkek) The general director of Republican Production Association of Relay Routes of TV and Radio Broadcast Kubanychbek Begaliev gave the press-conference in AKI-Press news agency on March 7, where he explained the situation around the radio Azattyk and thus reacted for the statement by USA about the infringement of free speech in Kyrgyzstan. According to Begaliev, the auction to sell frequency used earlier by radio Azattyk will take place on March 10. He informed that Bureau of Foreign Broadcasting (Prague), which concludes the agreement on purchase of frequencies on behalf of radio Azattyk didn’t submit the application on competition. Radio Azattyk knew about the forthcoming switching-off, therefore there are no any political motives here,” noted Begaliev. Also Begaliev informed that now 21 radio stations operate in Bishkek. This means radio frequencies spectrum used densely. Republican Production Association of Relay Routes of TV and Radio Broadcast established the minimal start price of $ 280 thousand instead of former $ 221 thousand. March 09 Satybalsy Chyrmashev, (Osh) Satybaldy Chyrmashev, mayor of Osh city suggested mass media representatives to conduct the explanatory work among their readers about the situation in Osh. According to mayor, journalists have to render the assistance to local authorities in order to prevent the destabilization in Osh. “It is inadmissible to incite people, the journalists must avoid the provocative questions connected with the possible introduction of extreme situation or disorders on interethnic field,” said the mayor. 150 people came from Karakuldja region gathered near the building of state Osh administration. They demanded for the resignation of a president and recognition of the first round of the elections’ results held on February 27 as invalid. March 11 Shamshybek Medetbekov, (Naryn) The governor of Naryn oblast Shamshybek Medetbekov announced creation of special center under the state administration. This center is aimed to provide mass media with authentic information. “Now all journalists must first specify information at the center,” said governor in his speech to journalists. March 21 Anvar Artykov, (Osh) Anvar Artykov, chairman of National Council of Osh oblast said that if the employees of TV Osh-3000 will not objectively cover the events in Osh, the meeting participants will have no choice but to seize the building of TV company. He noted that if the peace agreement between the TV channel’s collective and new power is made, their work will remain the same, but all reports will be controlled by the “public power”. March 25 Kubanychbek Begaliev (Bishkek) The head of Bishkek office of radio Azattyk informed that radio renewed its broadcasting on middle waves after the reference made by general director of Republican Production Association of Relay Routes of TV and Radio Broadcast Kubanychbek Begaliev, who requested to renew the agreement on use of radio frequencies without any competitions and auctions to the headquarters of Azattyk in Prague. Let’s remind that on February 24 by the order of Begaliev, the radio Azattyk was switched off from the middle waves and ultra short waves, which cover almost whole republic. The next month the programs on radio Azattyk were broadcasted through radio Almaz. After the crash of Akayev’s regime radio Azattyk received the access to population in a whole volume. 3.Evaluations of actual state of Mass Media and freedom of speech March 02 John McCain, USA senator (USA) While assessing results of the first round of the Parliamentary elections in the country, the US Senator John McCain said Kyrgyzstan’s authorities interfere in activities of independent media outlets. “In particular, I am indignant over the closure of the only opposition newspaper in the country. The power company stopped supplying electricity, after the President Akayev gave a speech to rebut allegations made by the press, that there is corruption in the country. Such manner to control the information flow reminds me of the Soviet epoch.” In the end, he concluded that the US government needs to rethink its future relationships with Kyrgyzstan’s authorities, which put unlimited power above the democratic principles. March 02 NGOs, Mass Media During the round table which was held in Batken and devoted to the problems of freedom of speech the representatives of NGOs, Mass Media and political parties accepted the reference to the president of the Kyrgyz Republic. They expressed their concern about the situation around Mass Media of Kyrgyzstan. “The last events, which happened with radio Azattyk and the newspaper MSN prove that the condition of our society in human rights field became doubtful. And the situation around the radio Azattyk becomes dangerous, discriminative and destabilizing the whole society,” said in a reference. March 02 Kuban Mambetaliev, coordinator of project “Monitoring of illumination of elections in mass media of Kyrgyzstan” (Bishkek) “National TV and Radio Corporation and TV Company KOORT violated the Code on elections in the Kyrgyz Republic, which sets the norm to stop campaigning 24 hours before the voting process,” informed Kuban Mambetaliev, coordinator of project “Monitoring of Election Campaign by Mass Media of Kyrgyzstan” at press-conference held at informational agency AKI-press. He gave the example, when these TV channels in the evening on February 26 negatively represented the candidates. March 03 Council of patriarchs of Naryn oblast (Naryn) 86 patriarchs of Naryn oblast signed the protest letter against the President of the Kyrgyz Republic Askar Akayev. This letter says that radio station Azattyk and print periodicals MSN and Jany Ordo face pressure from the state organs. Aksakals also noted that termination of electricity supply to international publishing house is the violation of constitutional right of a citizen for freedom of speech. March 03 Department of Internal Affairs (Bishkek) Bishkek Department of Internal Affairs made a statement, regarding articles, critical of the police in the capital, published by independent media outlets. “Recently several mass media published the articles which tendentiously cover the situation in the capital and also the work of the police”, says the statement. Press-service of this organ notes that the article “Zatyajnaya shvatka KelKel s provokatorshami” in MSN newspaper was published in attempt to involve militia in the political fuss aimed to destabilize the situation. “No one from this organ was not engaged in actions, which were in violation with the law. The staff of this body will cut any attempts to violate the public order, freedom rights and legal interests of the citizens,” said in this statement. March 03 Civil forum (Bishkek) During the election campaign to the parliament of Kyrgyzstan the authorities with president Akayev admitted the violations of the laws and rendered the pressure upon independent Mass Media. These facts were discussed at the civil forum with the participation of opposition leaders of and parties of Kyrgyzstan. The official power at this forum was represented by Abdil Segizbaev, press-secretary of president. The participants of this forum have supported their accusations by some examples. The termination of broadcasting of radio Azattyk before the elections, switching-off the electricity of independent publishing house, statements of a president about his intention to submit court claim against the independent newspaper MSN are among them.. The participants of the Forum think that today’s situation around independent Mass Media is the confirmation of change of political route in the country to authoritarianism, and this fact must become the subject of a big attention of a world community and acceptance of adequate measures. The representative of official Bishkek, who participated at the discussion tried to assure that the termination of broadcasting of radio Azattyk was not connected with the policy, but with the technical problems. In his opinion, the same can be said about the independent publishing house. According to him, also the same can be said about the publishing house, which was switching off because of the delayed registration of the agreement on electricity supply. But Andrey Miyasarov, director of publishing house is not agree with this version, and declared that all documents were presented in time, and that switching off was ordered by the authorities. March 09 Participants of a protest meeting (Jalalabat) The state Mass Media deform the essence of the events happening in Jalalabat and in the south as a whole. The authorities of Kyrgyzstan accuse their political opponents and organizers of a meeting in the fact that they work for the foreign grants. This is the opinion of the protest meeting participants, which had been continuing almost for one week in Jalalabat. According to the representatives from the organizational staff of the protest action, the local businessmen and citizens collected about 200 thousand soms for the feed for participants of protest action. No international organizations didn’t give any money for this meeting, they sure. The meeting participants in amount of 2 thousand people demand for resignation of a president and holding the pre-scheduled Presidential elections and maintenance of the honest Parliamentary elections. March 16 USA Embassy in Kyrgyzstan (Bishkek) USA Embassy in Kyrgyzstan distributed press-release on results of the second round of Parliamentary elections. “Elections to Jogorku Kenesh (Parliament) didn’t correspond with the number of obligations of Kyrgyzstan before OSCE and common international standards of democratic elections,” said in this document. In particular, it says that some candidates couldn’t conduct the equal struggle for deputy mandate because of unequal propaganda in Mass Media. The facts of pressure on independent mass media by authorities and also the tendentiousness of state-owned mass media in illumination of elections are mentioned in this press-release. March 30 NGOs of the Kyrgyz Republic (Bishkek) A number of NGOs expressed dismay that state secretary of the Kyrgyz Republic Dastan Sarygulov, unilaterally appointed new management of the Kyrgyz National TV and Radio Broadcasting Corporation. The Coordinating Crisis Center of the Civil Society has mentioned in its statement “NTRK, for many years provoked people’s negative feelings and today is not going to change its work and content. Many programs, which were aimed at bring a new wave to development process of our society allowed people, giving inadequate speeches and expressing negative emotions to appear on TV screens, instead of calming people down. The airtime is full of people, faces and voices, which were associated with unconstitutional calls, undemocratic initiatives, lie and disinformation, now are trying to teach us democracy, rule of law and order. The appointment of new State Secretary, a person who tried to stifle free speech through courts and law enforcement agencies and who is guilty of Sadykova’s imprisonment, editor of ResPublica newspaper, makes no sense. Besides, definitely remember the role he played in tragedy in Barskaun in 1988,” said they. 4. Actions by journalists on protection of their civil and professional rights March 04 Topchubek Turgunaliev, director of Institute on human rights and protection of freedom (Bishkek) “The Public Committee on protection of Mass Media rights was founded in Kyrgyzstan,” informed Topchubek Turgunaliev, head of Institute on human rights and protection of freedom to radio Azattyk. According to him this committee will protect the independent mass media in Kyrgyzstan, such radio Azattyk, the opposition newspapers MSN, Jany ordo and also the journalists from the prosecutions by the official authorities. The investigation of publications and programs of independent Mass Media for the subject of their influence to readers to increase their civil activeness is the basic direction of this committee. March 15 Initiative groups on support of radio Azattyk Radio Azattyk support groups addressed Kyrgyz authorities, demanding to resume radio broadcasting. The group collected 4 thousand signatures. On February 24, on the eve of the first round of elections radio Azattyk ceased broadcasting on FM and Ultra short waves under the order of the Republican Industrial Association of radio Relay Routes of TV and Radio (RPORMTR). RPORMTR gave justification to the order, saying that the equipment used by the company was outdated. Executive authorities explained the order differently, saying that they announced a tender to sell frequencies used by the Radio. The tender, announced in hasty manner, was scheduled on March 10. However it was not held on the two companies, applied for the auction didn’t appear. March 22 Employees of National TV and Radio Broadcasting Corporation (Bishkek) Group of journalists from National TV and Radio Corporation addressed to president of Corporation Syrtbay Musaev with letter-protest which says about the intervention of state officials into the creativity process of collective. “As a result the prepared TV programs which were dictated by authorities don’t cause the trust of audience and negatively influence on rating of the national channel,” stated journalists. The journalists of the state TV channel acted with the initiative to create the mobile creative groups, which will be engaged in duly and objective illumination of events in the country. They demanded from Musaev to inform State Secretary Ibraimov and press-secretary of president Abdil Segizbaev about their demands. March 22 Internews-Kyrgyzstan (Bishkek) Internews-Kyrgyzstan made a statement on local electronic media coverage of the events happening in the south of Kyrgyzstan, raising concerns over the information blockade in recent weeks. It’s worth mentioning that Aki-Press information agency and radio Azattyk were the only source of speedy information in the recent weeks. In connection with this, the Internews-Kyrgyzstan called on authorities to stop exerting pressure on media outlets and using airtime on the state-controlled TV channel excessively, as it is funded from taxpayers’ money. “Kyrgyzstan people were unable to get authentic information about the events happening in other regions, because the official authorities intruded on activities of electronic media outlets. Because of no full and balanced information about the events happening in the south and some northern regions, there were a lot of rumors, manipulating public consciousness and destabilizing the situation,” said in the statement. March 24 Echo Manasa (Moscow) “The change of power in Kyrgyzstan de-facto has already happened. Government house in Bishkek is under control of opposition. It became known that national TV is controlled by democratic forces,” informs radio station Echo Moscvy. The last release of news was not controlled by the authorities. Opposition has already announced about the creation of Coordination Council, which will manage the country. March 25 Slovo Kyrgyzstana, Vecherniy Bishkek (Bishkek) After the overthrow of Akayev’s regime the two newspapers, which were the main Russian speaking megaphones of his power, instantly changed their political orientation aside new governors. These are the newspapers Slovo Kyrgyzstana and Vecherniy Bishkek, the editors of which are ready to serve new masters. The same picture happened at state TV and Radio Broadcasting Corporation, where the head of TV Corporation also quickly re-oriented. March 28 Mamajan Berdishev, Batken oblast state TV (Batken) The protest meeting against the director of Batken oblast TV Alymbek Toktorov was held in the office of Batken obalst state TV. The chief editor Mamajan Berdishev accused Toktorov in financial untidiness and admission the mistakes during his managing by the collective. Berdishev called collective to refuse from working under Toktorov. March 28 National TV and Radio Corporation (Bishkek) State Secretary Dastan Sarygulov issued a new guide for the National TV and Radio Company workers. Sultan Abdrahmanov was appointed as the NTRC President along with Kadyr Koshaliev as new vice-president. The employees at large believe that Sarygulov took a hasty decision, i.e. the company’s management shouldn’t have been appointed unilaterally by the State Secretary, but by the Parliament. The same day later, Jaynagul Maksimova, Tamara Valieva, Jyldyz Muslimova, Jenishkul Ozubekova and Daniyar Jarkynbaev, NTRC representatives, issued an address to new rulers of the country. “Today, we should develop a new policy for recruiting staff. We hoped that the old principle for appointing people would be changed, to ensure staff’s opinions are taken into consideration. The case is that two individuals Abdrahmanov and Bekilov, who are now representatives of the new administration, represent the radical Islamic movement in Kyrgyzstan. According to the Constitution, Kyrgyzstan is a secular state, which means that the state NTRC shouldn’t be its mouthpiece,” the address says. According to Valiyeva, the staff strongly support this decision, and thus un case their demands are not considered, they will try to stop broadcasting. March 28 NGOs and Mass Media The representatives of several NGOs and mass media of Kyrgyzstan initiated the discussion of the questions on change of status of National TV and changing it to status of Public TV. The round table was organized by Internews-Kyrgyzstan, Public Association Journalists and radio Almaz. The journalists from all mass media and interested people were invited for the discussion. The initiative on changing the status and transferring the state mass media under the control of publicity is possible only by the decision of Parliament. March 29 National TV and Radio Broadcasting Corporation (Bishkek) The collective of National TV and Radio Corporation expressed its disagreement with the new heads of state channel Abdrahmanov and Bekeshov. The new administration was represented to collective by a new State Secretary of the Kyrgyz Republic Dastan Sarygulov on March 28. According to the staff, the new heads of the channels are “representatives of radical Islam sense, nationalists”. In its reference to state administration, to mass media and deputies the TV workers demand for National TV will be under control of Parliament, will not be censored and become the real public TV. They insist on the fact that administration selection will be made with their proposals. March 29 Naryn oblast TV and Radio Company (Naryn) Collective of Naryn oblast TV and Radio company declared on non-recognition of its new head S.Ismakeev. On March 26 the former chairman of TV company B.Belekov under the pressure of members of initiative group “Taza shayloo”, which was created under the staff of ex-candidate to deputy Ishenbay Kadyrbekov was compelled to submit the application on voluntary leaving his post. The journalists of oblast TV and Radio expressed the sharp protest by such actions by Kadyrbekov’s supporters, which according to them, sabotage the position of a temporary government, which tries to stabilize the situation in the country. They declared on non-admission of intervention of these people to their work. March 30 Naryn oblast TV and Radio Company (Naryn) According to the information from the chairman of trade union of oblast TV and Radio Company Naryn G.Kydyralieva, on March 24 the meeting participants of Naryn city didn’t allow to conduct the TV report to journalist Ayday Amankulova, referred on her incompetence and bias. On March 29 acting as the governor of Naryn oblast A.Chylabaeva accused the chairman of trade union Kydyralieva in organization of discontent among the workers of TV company and discharge Belekov from his position. This was stated during the meeting with the workers of TV Company. Earlier on March 26 the question on oblast TV and radio Company and its unilateral work during the parliamentary elections for the benefit of candidate Samakov was discussed at the meeting in state administration. TV Company director Belekov has recognized this fact and wrote the statement on leaving the position. Suban Ismakeev was elected as acting director, but on March 29 Chylabaeva, acting as Naryn oblast governor dismissed him from this post, referred on application by the workers on returning of the former director, and on the decision of Bakiev. Despite of absence of the written confirmation of this decision, Belekov again became the director of TV and Radio Company. March 30 Association Mass Media, Association of Regional TV and Radio broadcasters of Kyrgyzstan (Bishkek) “Mass Media” Association and Regional TV and Radio broadcasters of the Kyrgyz Republic issued a joint statement regarding the emergency conditions for electronic media outlets in Kyrgyzstan. “The recent events showed that state-controlled electronic media in the country are fully inadequate. At most the emergency conditions were caused by the information vacuum, covering all Kyrgyzstan citizens. Bishkek residents had to learn news from foreign sources, furthermore, the regions appeared to be blocked in terms of information, which allowed to manipulate people’s consciousness,” says statement. The Association proposed the following: - suspend Decree of the State Committee on Frequencies Distribution, which was about selling frequencies at the auction; - establish a public tender committee, which is to decide on frequencies’ distribution; - develop a legal framework, for more control be granted to the community over the National TV and Radio Corporation and to change its status to the Public TV and Radio. March 31 Mass Media and NGOs of the Kyrgyz Republic (Bishkek) On March 31 media and NGOs in Kyrgyzstan issued an address to the Parliament and Government, speaking of the future prospect of the National TV and Radio Broadcasting Corporation. Media community of the country called to quickly change the status of the NTRC from the National to Public and proposed the following: - to establish a Public Council to coordinate the NTRC during the Presidential election in KR; - to suspend the Degree, which stipulates that radio frequencies should be sold at the auction and develop “Provision on the contest for radio frequencies;” - to approve a head of the state information agency “Kabar” by Jogorku Kenesh; - for the Government, local governments in regions to reject being members of the board of state printing bodies, by providing them with right to function as a joint stock companies. The statement says that an initiative group should be established under the Jogorku Kenesh for settling the given issues, and civil society’s members as well as mass media should be encouraged to take part in it. II. VIOLATIONS OF MASS MEDIA AND JOURNALISTS’ RIGHTS 1. Violation of constitutional guarantees of freedom of speech and creativity March 20 Maksuda Aytieva, radio Salam (Batken) The representatives of Batken regional state administration and chief of oblast department of internal affairs Sheyshenbek Bayzakov render pressure on director of radio Salam Maksuda Aytieva for issuing the information on public excitements, which take place in Osh and Jalalabat to air. *Commentary* According to the item 9 of the article 16 of the Constitution of the Kyrgyz Republic everyone has a rights for freedom of thought, speech and press, and also for free expression of these thoughts and beliefs. Nobody can be compelled for expression of own thoughts and beliefs. It means that the actions of state officials from Batken administration are not based upon the law. 2. Causing injuries to health of journalists March 23 Azamat Kalman, chairman of independent Trade Union of Journalists in Kyrgyzstan (Bishkek) On March 23 Azamat Kalman, chairman of independent trade union of journalists was injured while police was dispersing protesters who were demanding president Akayev’s resignation. At the time of the incident Azamat Kalman was covering the protest in capital Bishkek. Shortly after demonstration started, police pushed the journalist and several protesters to an underground subway passage and began beating them with batons. The police officers threw Kalman from a wall. He fell about three meters and was immediately taken to hospital with serious leg injures. *Commentary* In this case it is necessary to give the legal estimation for the actions of workers of internal bodies and consider the degree of weight of the caused harm to journalist’s health. Nevertheless, independently from the fact of weight of the harm the criminal case must be risen. Besides as the workers of law-enforcement organs are the official persons, according to the current legislation, their actions are qualified on sets of articles of Criminal Code, which foresee the criminal responsibility for harming the health and commitment of official crimes. The suffered person can demand from the guilty party for compensation of moral and damage loses, connected with the medical services. 3. Attacks on journalists and mass media bodies March 06 Naryn State TV and Radio Company (Naryn) The journalists of Naryn state TV and Radio Company were attacked by unknown people. The malefactors took away the video tape with the material and then they disappeared. The internal affairs organs of Naryn started the investigation on this incident. The names of the journalists are not announced in the aims of investigation. March 10 Bakyt Orunbekov, Fergana (Jalalabat) Bakyt Orunbekov, editor-in-chief of the independent newspaper Fergana was attacked during the protest meeting of the supporters of former deputy of Jogorku Kenesh Abdumutalip Hakimov, which was organized before the building of Suzak regional court. The unknown people took away the dictaphone and digital camera. The fellows of Orunbekov helped to prevent the physical attack of Orunbekov and return the equipment. This day the Suzak regional court cancelled the results of parliamentary election on February 27 on Bazarkorgon-Suzak election district № 27, where Abdumutalip Hakimov won the elections at first round. The court explained its decision by the fact that Hakimov had the passport of Uzbekistan’s citizens on the moment of the elections. March 15 Raisa Kamarli, Vecherniy Bishkek (Bishkek) Raisa Kamarli correspondent of the newspaper Vecherniy Bishkek was attacked by unknown young man on the porch of her house. He hit her in the face, snatched her bag and run away to the street. According to militia workers, the goal of the attack was to rob journalist. They don’t exclude a version that the attacker followed his victim. The journalist was taken to hospital with brain concussion. March 25 Russian TV channel Moscovia-3 channel (Bishkek) The shooting group of Russian TV channel Moscovia-3 channel was attacked in Bishkek. According to editor Petr Tolstoy during the night video shooting in Bishkek the group of hooligans, who were setting a fire at super market attacked journalists. “They left the car to start shooting and crowd of hooligans attacked them, as they didn’t want the journalists to record their actions,” said Tolstoy. According to him, hooligans took away the mobile phone of one of the journalists, they sat into car, and crowd began throwing the stones and broke the car window. No one from journalists was suffered, they continued TV shooting from the car. We asked them to continue their work, as it was important and necessary to our audience, but without leaving the car and moving on slow speed to avoid the attack,” explained Tolstoy. March 25 Russian TV-channel REN-TV (Bishkek) During the shooting of marauders’ actions the shooting group of Russian TV channel REN-TV was attacked by unknown people. The marauders took away the mobile, belonged to journalist Leonid Kanfer. *Commentary* *Article 16 of the Kyrgyz Constitution fixes the right of every person for personal inviolability independently from his legal status and social position.* Attack on journalists is the criminally punishable action. According to the criminal code of the Kyrgyz Republic all actions on attack on journalists, listed in the given messages, form the structure of penal acts, crimes, and must be qualified on appropriate article, which foresees the responsibility for crimes against person and property, depending on intention of attackers and weight of consequences. If the attackers prosecuted the aim to obstruct the journalistic investigation their actions must be qualified on set of articles of the Criminal Code, including the article 151 of the Criminal Code of the Kyrgyz Republic. 4. Obstruction of lawful professional activity of journalists and mass media March 04 Kamil Satkanbaev, TV Mezon (Osh) A chief editor for Mezon TV Company Kamil Satkanbaev faced unlawful actions by law enforcement officers. According to the journalist, police officers approached him, demanding that he give them his camera and videotape, while he was covering a demonstration to support Davran Sabirov and Polotbek Tolonov, candidates standing for the parliamentary elections at the polling station #48. After the journalist refused to obey, they seized the items. The journalist asked officers to explain reasons for such behavior. They responded they had been given such order by Osh regional Department of Internal Affairs’ deputy head, Erkin Esenaliyev. The camera was returned to the journalist several hours later, without the tape. March 15 TV/Radio Company KOORT (Osh) Chairman of Jalpak election district #292 prohibited TV group of KOORT in filming the polling process. “Our references on Code on elections in the Kyrgyz Republic, in particular for article 8 according to which, we have a right to record the process were useless,” said Timur Sharshenaliev, head of the joint correspondents’ point of KOORT and Vecherniy Bishkek. March 16 Kubanych Joldoshov, radio Azattyk (Osh) The own correspondent of the Kyrgyz service of radio Azattyk in Osh oblast Kubanych Joldoshov undergone the threats of the deputy chief of internal affairs department in Osh Erkin Esenaliev, which took place during the meeting of citizens from Karakulja region in Osh on March 15. “Esenaliev took away the dictaphone and gave it back only after I said that I will complain to the international organizations”, said journalist. Esenaliev accused journalist in transferring the tendentious materials to air. *Commentary* According to article 16 of the Constitution of the Kyrgyz Republic, to article 20 of the Law On mass media and article 5 of the law On protection of professional activity of a journalist, journalist has a right to collect, store, use information and distribute it in oral, written or any other form, and also to conduct journalistic investigation, to take notes and records in established order, including the use of technical means. The actions of militia workers in the given cases are not based upon the law. Concerning the prohibition for making the shooting, according to article 17 of item 10 of the Code on elections in the Kyrgyz Republic the representatives of mass media have a right to get acquainted with reports of the local election commission on results of voting, and also with the reports of other election commissions on voting results or results of elections, to produce or receive the copies of these reports and all attached documents from these commissions, to conduct video shooting for informational programs from the place showed by the chairman of local election commission, not having violated the secret of electorate will. Obstruction of legal professional activity of journalist by compelling him for distribution or refusal from distribution of information forms structure of crime, foreseen by part.1 of the article 151 of the Criminal Code of the Kyrgyz Republic. Obstruction of legal professional activity of journalist, committed by the person with use of his official position or with use of violence or threat of its use, forms structure of crime, foreseen by part 2 of the same article of the Criminal Code of the Kyrgyz Republic. 5. Illegal limitation of access to web-sites March 01 Ulan Melisbek (San-Francisco) The attack on independent on-line edition www.gazeta.kg had been continued for almost 5 days. The editor of this site Ulan Melisbek informs, that the malefactors don’t give the attempts their attacks toward the server, where this web-site is located. “We are searching for the ways to decide this problem and hope to renew the activity soon,” said Ulan Melisbek. Also Ulan Melisbek said, having referred to information, which was received from the trusted source, that decision on neutralization of opposition sites were accepted in Bishkek. March 03 Independent on-line editions A so called “Shadow Team” group claimed responsibility for the continuous attacks, which destabilize the Internet activity in Kyrgyzstan from February 25. This group threats to continue the attacks against the providers AsiaInfo and ElCat since the several web-sites will not be closed. Let’s remind that before the first round of the parliamentary elections in Kyrgyzstan the web-sites of political parties, independent Mass Media and informational agencies appeared under the technical problems and deliberate breakings. The attackers worked on several directions. In the result of non-authorized dispatch of big amount of spam on electronic addresses of the users the network channels were blocked, and this fact led to deceleration of access to the local web-resources. 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 80 % 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 led 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. March 10 Web-site of ResPublica (Bishkek) From February 27 till March 2005 the Internet service provider Elcat temporarily stopped the support of web-site of the newspaper ResPublica. This decision was preliminary coordinated with the editorial office of the independent outlet. Let’s remind that on February 25 the servers of the largest providers of Kyrgyzstan have undergone the attacks, which failed their activities. The certain group called itself “Shadow Team” took the responsibility for the actions, which destabilized the activity of Internet in Kyrgyzstan. This group threatens to continue the attacks to the servers of AsiaInfo and Elcat till they close the web-sites of the newspapers MSN (www.msn.kg) and ResPublica (www.respublica.kg). March 31 Web-portal CentrAsia The letter from unknown hackers, who blocked the activity of the leading Kyrgyz opposition sites during the parliamentary elections, have come to the informational web-portal CentrAsia. They declared that only now they realize all consequences of the action on obstruction of access to objective information and consider themselves as responsible for all disorders, happened in the country. “In the beginning of February one man who called himself as patriot of Kyrgyzstan have come to us. He asked if our group could muffle some informational sites and not having bargained paid our bill. In the case of guaranteed safety and if the attacked web-sites will refuse from any claims we are ready to come to Bishkek and act at the press-conference,” said in the letter. *Commentary* We have already commented such cases in the previous monitorings. The speech is not only about the violation of citizens’ rights for free reception and distribution of information, guaranteed by article 16 of the Constitution and also on violation of obligations of provider before Internet user. 6. Obstruction for mass media distribution March 12 Radio station Almaz-Naryn, radio Azattyk (Naryn) On March 10-11 the population of Naryn oblast has no possibility to hear the programs of radio Azattyk because of electricity problems. The oblast energetic workers explained the switching off by the technical problems. However the local journalists see the political reason in this incident. “In the conditions of informational vacuum, created by authorities, radio Azattyk is the only source of alternative information,” said journalists. Re-translation of programs of radio Azattyk is made by the radio station Almaz-Naryn in the mornings and evenings. March 15 Informational agency AKI-Press (Bishkek) The electricity at informational center AKI-press was switched off during the press-conference, devoted to the held elections. The electricity supply was switched off after 20 minutes from the beginning of the conference. At that moment the representatives of European network on observance of elections was narrating about the violations, which took place during the second round of the elections on March 13. In particular, the speech was about the rendering a pressure by local administrations to voter in a process of elections. The monitoring expert tried to investigate the reason of switching off, but his attempts failed, as the representatives of the regional enterprise of electric networks refused to comment situation. *Commentary* If the termination of electricity supply in these cases was done on purpose, there are the violations of the constitutional norms and other normative acts of the Kyrgyz Republic, which guarantee the rights of citizens for free reception of information, and also the right of a journalist to distribute information. Besides, according to the article 17 of the Law On electric energetic the consumers have a right to address with a complaint to the enterprise to state agency on energetic under the government of the Kyrgyz Republic or to court, if the termination of electricity supply and worsening of its quality is happening by the fault of supplier. 7. Unreasonable withdrawal of mass media March 23 Analitika (Bishkek) The police officers tried to withdraw the part of circulation of the independent newspaper Analitika, which was distributing by the journalists among the demonstrators. The workers of internal affairs ministry and also unknown young people with red bandages on hands have torn some packages with the newspaper. Besides, they tried to withdraw the separate newspaper issues out from demonstrators. *Commentary* In the given case the actions of militiamen are not based on law. According to the article 13 of the Law On mass media the termination or prohibition of distribution of mass media production is admitted only by court decision. The militia men violated the article 16 of the Constitution, which says that every citizen has a right to receive and distribute information. 8. Illegal detention of journalists March 10 Alymbek Azimkanov, Rafshan Rizakulov, National TV/Radio Corporation (Jalalabat) The participants of a picket, which had been lasted for one week in Jalalabat, detained Alymbek Azimkanov, the editor of the oblast branch of National TV and Radio Corporation and cameraman Rafshan Rizakulov, who were preparing the report for the evening news program. The picketers explained their actions by the fact that the state TV non-objectively reflects the political processes in Jalalabat, presenting on TV only tendentious and deformed information. Both journalists were released after being in a ring of 50 people for 3 hours. Several hours before about 400 picketers came to the building of oblast TV and demanded for TV time. The head of channel B.Kalykov refused them, referring on the absence of free time. Four cameramen, who came to Jalalabat to cover the second round of the elections were violently seized at Jalalabat’s airport and delivered to the picketers’ place. After sometime the workers of internal affairs released them. March 11 Azamat Bakirov, TV Ayan (Naryn) In the morning on March 11 the camera man of TV company Ayan Azamat Bakirov was preparing the news reports for evening news program. Two police offciers came up to him and without explanations ordered to stop video shooting and leave the square. Journalist asked them to explain their actions, but police officers followed journalist to building of regional internal affairs department. Journalist was released after the administration of TV Company Ayan intervened the situation. March 14 Tabysh Nazarkulov, National TV/Radio Company, Ulan Abdrahmanov, KOORT (Talas) Correspondent of National TV and Radio Corporation Tabysh Nazarkulov and special correspondent of KOORT TV Ulan Abdrahmanov within one day were in hostages in building of Talas oblast state administration which was occupied by the protest electorate. Thus they expressed their protest against the actions of the governor of Talas oblast Iskender Aydaraliev and his administrative command during the pre-election propaganda. The meeting participants broke the mobile phone and video cassette of journalist Nazarkulov. March 23 Esengul Junushev, Naryn oblast state TV/Radio company (Naryn) The chairman of trade union organization of Naryn oblast state TV and Radio Company Guljan Kydyralieva informed that protesting voters in Kochkor region within 9 hours had been detained in hostages Esengul Junushev, correspondent of this TV company who was sent for news making. He was compelled to hear the reproaches in non – objectivity and serving to authorities. During his detention the unknown people have beaten him, made video and photo records, having hang the post with the words “I vote for people’s enemy Usubaliev” on his breast. The voters of this region gave 62% of protest voting (this was the first fact of such voting) during the elections on February 27. It was their mass protest against the 86 years old candidate to deputies Turdakun Usubaliev (the former first secretary of Communistic party), who was aggressively imposed to electorate by the president’s administration. The Supreme Court stood on protection of Usubaliev’s interests and changes by its unprecedented decision the will of voters, which was declared on February 27 in amount of 14691 votes (62% from the voted people). March 23 Bolotbek Maripov, Obshestvenniy reiting (Bishkek) Bolotbek Maripov, editor of the newspaper Obshestvenniy reiting was detained during the protest meeting against Akayev which was held on March 23 in the center of Bishkek. Police special troops used force against the meeting participants, in a result of which Azamat Kalman who conducted the report from the meeting got the serous traumas. He was delivered to traumatologic hospital, where the doctors found the brain conclusion and injuries of both legs. For this time he is in hospital, both legs are plastered. *Commentary* According to article 16 of item 3 of the Kyrgyz Constitution every citizen, hence a journalist, has a right for freedom and personal inviolability, therefore the rights of journalists are violated in these cases. The actions of state above persons fall under the article 324 of part 1 of the Criminal Code, according to which the illegal detention is penalized by the penalty in the size from 50 minimal salaries or deprivation of freedom for 1 year with deprivation of the right to occupy the definite posts or be engaged in definite activity for 3 years; also under the action of article 125 of Criminal Code, which foresees the criminal responsibility, arrest from 3 to 6 months or deprivation of freedom up to 3 years for illegal detention of a person, which is not connected with abduction. The same action if it was committed: *-by group of people on preliminary arrangement;* *-with use of violence, dangerous for health and life;* *-towards two or more people is punished by deprivation of freedom from 3 to 7 years.* *-if they committed by organized group is punished by deprivation of freedom from 7 to 10 years.* 9. Violation of labor rights of journalists March 07 Kozubek Imankulov, Talas turmushu (Talas) The editor-in-chief of the oblast newspaper Talas turmushu Ermek Umetov refused journalist Kozubek Imankulov in granting the next labor holidays. He motivated his refusal by the fact that he will not allow his employees to participate at pre-election propaganda of opposition candidate to deputies Bolot Sherniyazov. March 24 Sayrakan Bektasheva, Akiykat (Jalalabat) Ex-worker of Jalalabat oblast state newspaper Akiykat Sayrakan Bektasheva addressed to court with a claim against the editor-in-chief of this newspaper Orozaly Karasartov. According to her, he unreasonably dismissed her from the post of responsible secretary. She worked for this newspaper for 10 years, has premiums for good work. She demands for restoration on her former position. *Commentary* In the first case the editor-in-chief violated the norms of labor code of the Kyrgyz Republic. In accordance with the article 116 of this Code the employer has to present the annual holidays to his employees with the keeping of his place and middle salary. The right of use of the holiday for the first year comes after 11 months of his activity in this organization. On parties agreement the paid holidays can be given even before 11 months. *Concerning the second case it is important to investigate the reason for dismissal of Bektasheva from her post.* 10. Unreasonable demand on termination of mass media activity March 21 Public Fund Elim uchun, elim menen (Bishkek) Pro-governmental public fund Elim uchun, elim menen addressed to official authorities with a demand to close all independent mass media of Kyrgyzstan. “Having liquidated these periodicals, which are engaged in public ideological terrorism, we not only will support, but also will protect our president Askar Akayev,” said in a statement of the public fund. Let’s remind that public fund Elim uchun, elim menen acted with the idea on prolongation of the powers of Askar Akayev and establishment of 7 years term of the presidential powers. *Commentary* The demand of public fund in this case is unreasoned. According to article 8 of the law On mass media the termination of mass media activity is possible on founder’s decision or court decision in the case of violation of demands of the given law. 11. Violation of economic rights of journalists March 11 Print Mass Media (Jalalabat) On March 11 the output of all Jalalabat’s print periodicals was terminated on fault of the oblast publishing house. The workers of publishing house explained this incident by the absence of the newspaper paper at warehouse. The local journalists see the political motives in this incident. According to them it is suspicious that the failure happened on the eve of the expiration of election campaign propaganda of the candidates to Jogorku Kenesh (Parliament) of the Kyrgyz Republic. March 13 Naryn state oblast TV/Radio Company (Naryn) Candidate to deputies to Jogorku Kenesh (Parliament) Turdakun Usubaliev didn’t pay Naryn oblast TV and Radio corporation for airtime. “On February 20 his 31-minute-political ad was broadcast by TV channel. Ten minutes out of 30 were offered for free, so he should have paid 31,500 soms ($780),” Guljan Kydyralieva, co-chairman of TV company’s Trade Union said. March 23 Irysbek Omurzakov, Tribuna (Bishkek) State polygraph concern “Uchkun” informed the newspaper Tribuna about the prescheduled cancellation of agreement on rent of a room in connection with the industrial necessity. However according to newspaper editor Irysbek Omurzakov, this removal is connected with another reasons. “Chief of administrative branch informed that administration of “Uchkun” executed the demand of state secretary Osmonakun Ibraimov, who demanded to move the editorial office of the newspaper from the building of the state concern”, said editor. *Commentary* In the first two cases mass media or its owner has a right as any economic body to present claim on responsibilities, caused by the bringing the harm and non-execution of agreement conditions, and demand for compensation of all loses, expenses, lost profit. Mass media also has a right to demand at court for execution of agreement conditions and compensation of all expenses by the guilty party. Concerning the case with Tribuna newspaper it is necessary to follow the content of agreement on rent between the state polygraph concern and newspaper Tribuna. If the editorial office of the newspaper thinks that prescheduled cancellation of the given agreement violates the agreement conditions, it has a right to address to court and demand for strict execution of agreement’s conditions. 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 March 04 National TV/Radio Corporation (Jalalabat) Ex-candidate to deputy of Jogorku Kenesh from Jalalabat election district #30 Jusupbek Bakiev declared about his intention to sue the administration of state TV channel. According to him the video plots which were showed before the 1st round of parliamentary elections brought the moral damage to his family and voters. “This action was authorized by the country’s authorities, was prepared earlier and directed against my brother Kurmanbek Bakiev, who planned to put forward from Jalalabat district,” thinks J.Bakiev. Let’s remind in February 26 before the parliamentary elections the National TV and Radio Corporation showed the TV programs, where it was affirmed that the workers of pre-election staff of the candidate to deputy J.Bakiev printed the false money. March 04 Radio Almaz-Naryn (Naryn) The candidate to deputies K.Samakov addressed to the district elections commission, with the complaint against radio Almaz-Naryn. He accuses the independent radio station in distribution of unverified information. The candidate demands from radio station to refute the information about the facts of payoff the voters by his staff. Earlier the program “Bizdin jashoo”, which was prepared by this radio station narrated about the payoff the voters and distribution of alcohol drinks to electorate. March 13 Damir Kalykov, AKI-Press (Naryn) Governor of Naryn oblast Shamshybek Medetbekov intends to sue correspondent of informational agency AKI-press Damir Kalykov. Governor accuses journalist in submission of deformed and unverified information. According to Medetbekov, at this time he is preparing all necessary documents. *Commentary* The first case contains the violation of demands of article 31 of the Code on elections, where it is established that pre-election agitation “for” or “against” candidate is terminated for 24 hours before the voting. The given information appeared on TV in the evening of February 26, but the elections have to begin on February 27 from 8 am till 8 pm. Concerning the next reports it is true that according to article 17 of the Law On mass media citizen, or organization has a right to demand from mass media to refute the information, which does not meet with reality or harms dignity and honor. Citizen or organization, toward which mass media published information, which harms their rights and interests has a right to publish its answer in the same mass media. Refutation or answer is published in the special heading or on the same page and same font, as the information was published. In the newspapers not later than a month from demand, in other periodical outlets in the next issue. In the case of refusal to refute the information the interested person has a right to address to court. But it is necessary to note that according to the demands of article 60 of Civil-Procedural code the claimant has to prove the fact of distribution of harming data by the person, who faced the claim, and the respondent has to prove the reality of distributed information. Besides according to article 18 of the Civil Code at consideration of civil cases, risen in the order of the mentioned article the courts have to find and clarify: was the information which is needed to be refuted distributed, does it harm honor, dignity and business reputation of citizen or business reputation of legal entity, does this information meet with reality. Home Page