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April 2005
Monitoring of violations of freedom of speech in Kyrgyzstan in April 2005
In April monitoring registered 43 reports. Thirty three of them define the actual state of mass media in the political atmosphere of the month, 6 give the information on direct violations of mass media and journalists’ rights, and last four 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
April 11Avazbek Atahanov, press secretary of acting president of the Kyrgyz Republic (Bishkek)Avazbek Atahanov, press secretary of acting president Bakiev addressed with the reference to founders and heads of Kyrgyzstan’s mass media. He asked them to find freedom, not to follow the group political predilections, fairly and objectively illuminate events, happening in the country and also the activity of all power bodies, including the acting president of the Kyrgyz Republic Kurmanbek Bakiev.“I think that our society will be more pure if mass media will be free. The present problems which remained from the old authorities can be decided only by the transparency of our society,” said in address.Press secretary thinks mass media plays a big role in people’s returning to democratic beginnings, which had been incorporated to Kyrgyzstan basics during the independence, to real political freedoms and human rights, open and fair society without the monopoly on power, without corruption and free economy.April 14 Kurmanbek Bakiev, acting president of the Kyrgyz Republic (Bishkek) During the meeting with journalists Kurmanbek Bakiev, acting president of the Kyrgyz Republic, called on them to take joint activity to stabilize political and socio-economic situation in Kyrgyzstan. “Situation inside the country depends on mass media position, on opinion, which they create in society,” noted he. Having answered on question concerning speech freedom he noted, that in future all governmental newspapers have to be transferred to free basis, except the newspaper Erkin Too. It will become known later in which form and conception will it be.
April 18 Roman Omorov, director of State Agency of the Kyrgyz Republic on intellectual property (Bishkek) Director of State agency on intellectual property Roman Omorov declared that TV companies of Kyrgyzstan NTRK, KOORT, Piramida violate the rules of the legal performance of the foreign films. “According to the rules it is necessary to buy the license and only then it is possible to get the right to show the film on air. These kind of licenses are expensive, but domestic companies buy or take the piracy films from private video hires, and then show them on their channels, thus breaking the law on intellectual property,” said he. According to Omorov, the state agency can’t do anything with these violations, as the legal owner himself must present its pretenses. For instance, Columbia Pictures must submit suit against one of the Kyrgyz companies, and only after that state agency will perform as expert. “Criminal Code of the Kyrgyz Republic foresees the punishment as imprisonment for 5 years or administrative penalty in 400 minimal salaries,” concluded Omorov.
April 18 Achahon Turgunbaeva, deputy governor of Osh oblast (Osh) Deputy of Osh oblast governor Achahon Turgunbaeva addressed to the local journalists with request objectively cover the events happening in Kyrgyzstan. Also during the meeting with mass media representatives from Osh oblast she called them to follow the ethical norms, to avoid sharp themes, which, according to her can become the source of new mass protests.
April 19 Mamasadyk Bakirov, acting mayor of Osh city (Osh) During the press conference in Osh acting mayor Mamasadyk Bakirov stated that there is no necessity to leave state mass media to free navigation. Concerning the statement of acting president Bakiev about the independency of mass media, mayor said that this question touches only the governmental mass media. Thus according to Bakirov the state newspaper Osh shamy, which is founded by the local mayor’s office and city Kenesh of deputies, will not be able to exist without the support from local budget.
April 21 Kurmanbek Bakiev, acting prime-minister of the Kyrgyz Republic (Bishkek) Acting prime-minister of the Kyrgyz Republic Kurmanbek Bakiev confirmed its opinion that print mass media must be independent. “They have to carry out more public character and not have to be under the control of a one person,” said Baliev. According to prime it is necessary to create the total field of efforts on democratization of society. The government must have one periodical which will publish the official decisions, orders, rules. In the rest the authorities must be in the equal conditions with society,” said Bakiev.
April 28 Press service of Central Election commission of the Kyrgyz Republic (Bishkek) Press service of Central Election commission of the Kyrgyz Republic stated with the official statement on inadmissibility of violation of legislation on election campaign. It says that separate mass media started to publish propaganda materials for the benefit of the potential candidate to president earlier than official beginning of election campaign due to June 14. "Mass media for the beginning of election campaign have a right to inform electorate on elections procedures, which are foreseen by the legislation. The information must be objective without the personal comments of the author," informs press service of Central Election Commission.
2. Actions by officials defining the actual state of mass media
April 09 Kyrgyz informational bureau Taybas (Moscow) The Kyrgyz informational bureau Taybas started its work in Moscow from April 8. The official Kyrgyzstan’s authorities initiated the creation of this bureau. As it is said in press release, which was distributed to mass media, “this bureau is created with the aim to present the most full information about the life of the country and improvement of coordination activity between Russian mass media and representatives of Bishkek in Moscow.” Taybas will render the consulting services to Russian journalists, who intend to visit Kyrgyzstan. Also it plans to distribute daily news from Kyrgyz mass media and organize press conferences.
April 12 All Mass Media Prescheduled presidential elections are appointed on July 10 according to the decision of Jogorku Kenesh (Parliament) of the Kyrgyz Republic from April 11. According to point 11 of the article 30 of the Code on elections the organizations of TV and Radio broadcasting, periodicals which desire to participate at pre-election propaganda have to publish the information about the costs of ether time and space to Central, oblast, Bishkek, Osh city election commissions within 4 days after the official announcement of elections appointment. They have to inform the commission on their readiness to present the ether time, print space to all candidates for conducting the pre-election propaganda. Mass media organizations have to publish their costs in any periodical, which is issued in terms established by point 11 of the article 30 of the Code on elections.
April 29 All Mass Media Central election commission published the list of mass media, which received the access for presentation air time and print space for candidates to president of the Kyrgyz Republic. 108 electronic and print mass media will participate at election campaign. According to the changes, made into Code on elections in the Kyrgyz Republic the rules of conducting the pre-election propaganda for mass media hade been toughened. So mass media must publish its prices for publications of advertising articles within 5 days from the official appointment of elections' date. Mass media which were late are deprived from publication of propaganda materials. As a result 5 print periodicals (Vesti Issyk-Kulya, Issyk-Kul tour, El unu, ResPublica and Itogi) and two electronic mass media (Naryn oblast TV and Radio company and radio Maksimum) were not included into the list of mass media, admitted to participation at election campaign, as they published their prices later. Five print and electronic mass media (the newspapers Oomaty, Alay tany, Bilim bulagy, TV and Radio Company Antenn TV, TV Company Mezon TV) published their prices in time, but were not admitted to the participation at campaign, because they didn't send the letter-notification to Central Election Commission. Before the last parliamentary elections the lawyers of Institutive of Media Representative noted that separate changes and amendments into Code on elections trample the basic constitutional rights.
3.Evaluations of actual state of Mass Media and freedom of speech
April 05 Mayram Akaeva (Moscow) Mayram Akaeva, the wife of ex-president of the Kyrgyz Republic, addressed with an open letter to Kyrgyzstan’s people. In this letter she listed the achievements of Askar Akaev during his presidential governance and noted that during these last years separate mass media systematically criticized president, members of his family and close people. According to her, especially the newspaper MSN was distinguished by its unreasonable accusations, critics and libel. “The newspaper MSN tells about financial side of our family. I with all responsibility declare that for 14 years of Akaev’s activity as a president we were not provided with an apartment. We remained the old apartment and academic summer residence, which were given to us when Askar Akaevich was a professor. For these years we didn’t build any residences, houses. We don’t have any villas, big houses all over the world, which were subscribed to us frequently. Askar Akaevich always gave himself, his intellect, his energy, his knowledge and experience to build the independent democratic state. He never pay attention to material values and blessings. I state this with all responsibility,” said Mayram Akaeva.
April 06 Stephen Young, USA Ambassador in the Kyrgyz Republic (Bishkek) “Our meeting is the example of one of the achievements on March 24. Still never the future of really independent and free mass media was not so bright,” said Stephen Young, USA Ambassador in Kyrgyzstan at the round table with journalists. The high ranked diplomat expressed hope that tendencies of today will continue, that they will touch the electronic mass media, in a result of which all mass media will present the objective information to readers and watchers, thus the audience could take the clever decisions on important issues. “I regret concerning those deformed information about the role of USA in development of democracy in Kyrgyzstan, which appeared within last months and which unfortunately were encouraged by government of President Akaev. The most scandalous example of such messages was the distributed false document, where the position of USA towards Kyrgyzstan was represented. This document was directed to undermine those good relations, which had developed between our countries for 14 years since the independence of Kyrgyzstan,” said Ambassador. Mr. Young noted that USA intend to render the assistance to Kyrgyzstan, which is directed to build the civil society and development of free mass media.
April 21 Roza Otunbaeva, acting Minister of Foreign Affairs of the Kyrgyz Republic (Bishkek) During the meeting with students of Kyrgyz-Slavonic university Roza Otunbaeva, acting Minister of Foreign Affairs touched the question on condition of state mass media. “Now nobody presses press, but the state channel is lost and can’t work on the modern level. National corporation will be transformed into public TV as BBC,” said Otunbaeva.
April 21 All Mass Media (Naryn, Karakol) The public hearings on results of monitoring “Advocacy of democratic principles of freedom of speech in Central Asia” took place on April 20 and 21 in Karakol and Naryn. The editors of local press and electronic mass media, independent journalists and representatives of law-enforcement organs participated at these hearings. They received the results of monitoring of violation on Issyk-Kul and Naryn oblasts, where the numerous facts of violations were registered. In the most cases this is the refusal to journalists for access to information. Some journalists were insulted, attacked and illegally detained. Many violations were registered during the elections, when the separate candidates to deputies tried to use mass media as instrument of propaganda and revenge.
April 22 National TV/Radio Broadcasting Corporation (Bishkek) “We are tired from the force appointment of heads Kyrgyz TV and Radio,” said the workers of TV corporation during the press conference in Bishkek.According to the chairman of public union “Journalists for legality and order” Jaynagul Maksimova the present power wants to control the informational space. “Even with the coming of a new administration only the signboards had been changed. And now the state channel executes the same political order as during the former regime. According to subordination, any head of National TV/Radio Company must execute order of state secretary,” said Maksimova.As Maksimova declared the journalists want to have a right for expression of their thoughts and positions and this could be achieved only if the TV corporation will transfer under the public control, it means that TV must become the public TV till the presidential elections.Director of coordination center of radio broadcasting Tamara Jamanbaeva said that most of the journalists in this situation are compelled to come over self censorship. “During the former authorities we said only about theirs activities, now for almost one month we say about the activity of the new authorities. And it will mean that only the names have changed but not the structure,” noted she.The workers of National channel demand for transformation of the channel to public TV till the presidential elections in July.
April 24National TV/Radio Broadcasting Corporation (Bishkek)The employees of National TV and Radio Corporation acted with the reference which says that representatives of the temporary government began to interfere into the creative process of journalists. “TV channel executes the same political order as during the former regime,” said in the reference. The journalists complain that even after the revolution they are compelled to give information, allowed by the government. According to the workers, the new state secretary Dastan Sarygulov himself is trying to control the activity of studio of informational and analytical programs. “If earlier we protected from the former regime and administration, now we protected from the new authorities,” noted they.
4. Actions by journalists on protection of their civil and professional rights
April 02 Mass Media of southern region (Jalalabat) The round table with the participation of mass media of south region, international and public organizations, Fund Soros-Kyrgyzstan, Internews, Association Mass Media, Osh Resource Mass Media Center was held in Jalalabat. The participants discussed the questions and problems of Mass Media and accepted the reference to power bodies with the suggestion to create the working group on working out the law draft “On public TV and Radio” to terminate the action of Rule by State Commission on Radio Frequencies on auction basis and accept the “Rule on competition for receiving the radio frequencies”. The number of other suggestions on development of Mass Media were included into the text of reference.
April 04 Radio Azattyk The general director of Republican Production Association of Relay Routes Kubanychbek Begaliev informed about the renewal of programs of radio Azattyk. From now radio Azattyk will be broadcasted on the territory of whole republic on ultra short waves, as it was before February 24. Let’s remind that on February 24 the programs of opposition radio were terminated. The authorities announced the auction on its frequencies. But Azattyk re-translated its programs in range FM on waves of radio Almaz in Bishkek, Osh, Jalalabat and Naryn. April 07TV/Radio Company Osh-3000 (Osh)On April 6 on demand of a working collective of TV Osh-3000 Temirbek Toktogaziev, ex-head of this company was released from his post. Thus the administration of Kyrgyz National Corporation in coordination with the administration of Osh oblast satisfied the demand of collective, which considered that Toktogaziev didn’t correspond with his post. Kadyraly Koshoev was appointed as a new head of state oblast TV and Radio Company Osh-3000, which has the status of the second national channel. The nominee of a new head was supported by the majority of workers.
April 08Zamira Sydykova, ResPublica (Bishkek) The national youth movement “Birge!” informed that case which was started by Lenin regional court against the activists of movement of Timur Shayhutdinov and Sergey Zeyluk and also the editor of the newspaper ResPublica, who were detained for participation in peaceful actions “Birge against fear” was not closed and will be considered on April 7 at 10 am in Lenin regional court. Let’s remind that on March 9 the leaders of movement held the action “Birge against fear” at Youth avenue near the main building of the Kyrgyz National University, where they called students do not be pressed by the administration of university, which aspired to provide victory of Bermet Akaeva, who was the candidate to deputies. The representatives of “Birge!” notes that detention happened with rough violation in registration and contradict to constitution. “It is remain to hope that validity will win under the convulsions of a past regime, court will not violate the constitution and follow the illegal rule by city Kenesh (assembly),” said in this message.
April 10 TV/Radio Company Osh-3000 (Osh) The picket with the participation of about 40-50 people took place before the building of TV/Radio Company Osh-3000. These people were dissatisfied by the appointment of Kadyraly Koshaliev as the head of this TV. Let’s remind that on April 6 the president of the national TV and Radio Broadcasting corporation S.Abdrahmanov and deputies governor of Osh oblast K.Tezekbaev and A.Turgunbaeva visited TV Company and presented a new head of Osh-300 to collective. According to one of the employees who wished to remain unknown this picket was organized by ex-president of this TV company Temirbek Toktogaziev, who was dismissed from his post by the new authorities. Most of the workers supported the nominee of a new head of TV/Radio Company.
April 12 Representatives of mass media of Osh oblast (Osh) The group of journalists from Osh oblast expressed discontent by the results of competition “Analytical journalism: theoretical bases and practical application,” which was organized by Soros-Kyrgyzstan Foundation. Competition was announced on March 18 in the frameworks of program “Support to mass media”. According to the competition conditions the participants have to have experience in mass media activity not less than 3 years, must be the employee of mass media, be fluent in Russian and have possibility to attend seminar for all days. The participants had to submit resume and analytical materials, which were prepared for the last month. The seminar will take place at on of the resting houses on Issyk-Kul lake from April 13 till 17. According to journalists the secret intrigues were taking place around the process of election of participants, the applicants were not explained on what criteria they were chosen and why they were not chosen. In particular they noted that participants of the project open.kg (Open Kyrgyzstan) were enlisted to this seminar without any competition. The representatives of Osh mass media declared on their discontent by the activity of Soros Foundation as a whole. They said that Report on activity for 2004 showed that priority on allocation of grants is given to the same NGOs and Mass Media. Some journalists initiate the conduction of journalistic investigation on activity of Soros Foundation with the publication of its result at Internet and foreign print mass media.
April 13 Rachel Denber, acting director of Human Rights Watch on Europe and Central Asia (Bishkek) Acting executive director of Human Rights Watch on Europe and Central Asia Rachel Denber called Kurmanbek Bakiev, acting president of the Kyrgyz Republic to protect mass media and NGOs from illegal intervention into their activity by authorities. According to her the civil sector of Kyrgyzstan is the important factor for creation of conditions for maintenance of free and legal character of president’s elections, appointed on July 10.
April 17 Bozulan Isakov, Zulpukar Baltabaev, Batken tany periodical (Batken) The employees of oblast newspaper Batken tany Bozulan Isakov and Zulpukar Baltabaev addressed with the letter-protest to press secretary of the governor of Batken oblast Jenish Aydarov. The journalists expressed the indignant by the actions of the editor-in-chief Adylbek Akmatov. According to journalists, he illegally deprives his workers from salary and also renders the pressure.
April 18 TV Company Osh-TV (Osh) Private Osh-TV company’s staff addressed to its president Halil Hudaybergenov demanding to increase salary and also pay it in time. According to journalists they were compelled to take these steps. “The average salary of our workers is about 1000 soms. We work from morning till evening even without week-ends, including the holidays.” After the collective expressed its indignation, Hudaybergenov promised to pay salary for previous three months. Also he is planning to increase honoraries. The journalists get 15-20 soms for one report. However president didn’t say when he will increase the salary, referring on necessary calculations», said one worker, who desired to stay anonymous.
April 18 TV/Radio Company Europa (Bishkek) TV and Radio Company Europa addressed to republic mass media with the request to begin the large-scale action on information influence on citizens of Kyrgyzstan. It’s aim is to install confidence in tomorrow day, to explain that country is needed in stability, peace, consent and law. “We suggested to mass media to remember that they represent the fourth power. Mass media have to consolidate to back Kyrgyz people to the way of law. In the present situation mass media can direct the people’s energy for restoration of our common home,” said PR manager Jamila Sadek. More than 30 newspapers, TV and Radio channels have already responded for this suggestion. On April 13 the first working meeting of mass media representatives with the aim to develop the common strategy of this action took place at the office of Europa.
April 21 Sagynbek Djumagulov, state enterprise Kyrgyzpochtasy (Bishkek) The collective of state enterprise Kyrgyzpochtasy is indignant by illegal displacement of general director Sagynbek Djumagulov. On April 2 he was dismissed from this post by the president’s order “according to the submitted application,” though Djumagulov confirms he didn’t write any application. Later under the same number and date another order by Bakiev, according to which the general director of Kyrgyzpochtasy is dismissed without any explanations has left. On March 13 acting president Bakiev appointed Valentina Ogurtsova as the general director of Kyrgyzpochtasy. On March 15 Djumagulov sent the reference to director of State agency on state service affairs, requesting to consider the competency of his dismissal in accordance with the Law of the Kyrgyz Republic “On state service.” The trade union committee of state enterprise Kyrgyzpochtasy notes that before Djumagulov became the director of Kyrgyzpochtasy the post branch was in a hard situation. This enterprise was on the verge of bankruptcy and for the period of his managing the book keeping was restored, the big work on paying the debts and other activities were done. The collective sent the reference to Bakiev and speaker Tekebaev, where it asks to remain Djumagulov at this post.
April 21 State polygraph concern Uchkun (Bishkek) Labor collective of Uchkun, leading publishing house of Kyrgyzstan sent the letter to acting president of the Kyrgyz Republic Bakiev with the request to detailed decision of the question on changing the chairman of a Board. The letter says “we concern about the fact that separate persons force the situation with the aim to change the acting head of our enterprise for another person. But we can’t forget that polygraph complex is the property of all people. We ask you to detailed consideration of this issue.” In the letter which was signed by 120 people the collective of Uchkun says that “if our demands to remain the acting chairman of a Board would not be executed we don’t guarantee the stable situation, which can reflect on the activity of enterprise.”
April 21 TV/Radio Company Europa (Bishkek) “Stop! Think” - this is the name of action, directed to store the peace and stability in republic initiated by the Kyrgyz mass media. As Jamila Sadek, specialist on PR of TV Radio Company Europa noted the events on March 24 caused panic among the citizens, uncertainty in tomorrow day and own safety. The citizens of our country try to leave it, as they are afraid to stay in Kyrgyzstan, where the rumors about the possibility of a new political crisis are distributed. All these facts made mass media to prepare the action program, which would help to calm down the population and convince citizens that they can protect themselves and repulse criminals, who encroach on their property and safety.
April 26 Mamirayim Dubanaev, Osh janyrygy (Osh) The employees of the newspaper Osh janyrygy acted against the intention of acting governor of Osh oblast Anvar Artykov to appoint the new editor of state press periodical. At the meeting with him the journalists asked to remain editor Mamyraim Dubanaev, as he according to their words made a lot for ordering of the newspaper’s work, and also achieved the repayment of the debts before the publishing house.
April 28 Kuban Mambetaliev, Public Association Journalists (Bishkek) Kuban Mambetaliev, head of public association “Journalists” addressed with the open letter to vice-prime minister Adahan Madumarov, who is the curator of state mass media. The letter says that new authorities of Kyrgyzstan brake the project of privatization of mass media, supported by acting president Kurmanbek Bakiev. At the moment the administration of state mass media is appointed and dismissed only by the orders of acting president. In a result the practice of keeping mass media under the control of master, which will establish the unhealthy atmosphere during the pre-election propaganda is still continuing. All mass media heads, appointed by the order of Bakiev will serve him. They will not bale to publish the critical materials against him. And the infinite war between the state and non-state newspapers," said in the letter. Let's remind that earlier the representatives of non-governmental mass media and public organizations of journalists suggested to acting president Bakiev about the creation of working commission on conducting the process of privatization of newspapers of all levels before the presidential elections.
II. VIOLATIONS OF MASS MEDIA AND JOURNALISTS’ RIGHTS
1. Violation of constitutional guarantees of freedom of speech and creativity
April 07 Jarkyn Ibraeva, Baktygul Munduzova, radio Almaz-Naryn (Naryn) The workers of radio Almaz-Naryn Jarkyn Ibraeva and Baktygul Munduzova informed that voter of the deputy of Jogorku Kenesh K.Samakov in a rough way expelled the journalists from the conference hall of Naryn regional state administration, where they were invited to press conference of deputy of the governor of Naryn oblast Azalov. The voters motivated their violent actions by the fact that these journalists give the deformed information about the events happened in oblast.
April 30 Joldoshbay Andashov, Ozgon nuru (Uzgen, Osh oblast) Editor of Uzgen regional newspaper Ozgon nuru Joldoshbay Andashov informed that mayor of Uzgen city Mamatrasul Abakdjanov renderes pressure on regional newspaper. The article "Abakdjanov attan tushobu?" (Will Abakdjanov leave his post?) published on April 23 where the author criticized the work of mayor reasoned this reaction by mayor. The letter from citizens was the basic for this publication. According to Andashev from the moment of publication the mayor periodically thorough his employees threatens to newspaper by the court claims and other punishments. The journalists suggested to publish his objections in the newspaper Ozgon nuru, but mayor refused.
Commentary According to point 9 of the article 16 of the Kyrgyz Constitution everyone has a right for freedom of thought, speech and press, also for unobstructed expression of these thoughts and beliefs. Nobody can be compelled for expression of his/her own thoughts and beliefs. According 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 and distribute information in oral, written or other form and also to conduct journalistic investigation, to take notes in established order, also with use of technical means. If the interested persons think that mass media give non-objective information, according to article 17 of the Law “On mass media” they have a right to demand from mass media body for refutation of published information, which doesn’t meet with the truth or harms their honor and dignity, so there are legal ways to protect the rights, not having violated the constitutional guarantees of freedom of creativity.
2. Causing injuries to health of journalists
April 18 K.Koshaliev, TV/Radio Company Osh-3000 New general director of TV radio company Osh-3000 Koshaliev declared about his intention to sue group of picketers. On the eve, having entered the building of company they demanded for his resignation. According to witnesses, the women attacked him with fists. According to Koshaliev he estimates the brought damage in a big amount which will be given to poor people in the case if he wins the court process. Collective of TV radio company at the common meeting acted for protection of its head, which was appointed a week ago. As the local journalists informed almost within 2 weeks the group consisted of 50 women visit the state institutions of the southern capital and achieving to dismiss "objectionable" officials. They say that they are from the revolution committee. Sometimes the authorities come to compromise with these women. Thus recently they expelled the chief of Osh city tax inspection, having appointed another person.
Commentary Article 16 of the Constitution of the Kyrgyz Republic fixes the right of every person for personal inviolability independently from their legal status and social position. The current Criminal Code of the Kyrgyz Republic have the set of articles, which foresee the criminal responsibility for harming the health, and the severity of punishment depends on intention of criminals and degree of weight of brought damage to health. Thus Koshaliev has a right to protect his violated rights in a court way.
3. Attacks on journalists and mass media bodies
April 26 Jalalabat oblast TV/Radio Company (Jalalabat) The administration of Jalalabat oblast TV/Radio company expressed the concern about the inability of militia of Bazarkorgon region to attract to responsibility the people, who broke the video camera belonged to the editorial office Panasonic-M3500. According to Tynych Mamaev, employee of TV company during the meeting which took place on march 9 against the speaker of Jogorku Kenesh Omurbek Tekebaev, the journalists were attacked by the members of party Ata-Meken. “Four young men who came up to us took away the video camera, broke it. After they threatened us and warned not to criticize Tekebaev,” said one of the suffered journalists. The journalists recorded this incident, made the act and established the hooligans. The video camera Panasonic-M3500, which costs $800 and can’t be repaired, with the application on attack was sent to Bazarkorgon regional department of internal affairs at the same day. “However no measures were taken towards these hooligans,” said Rysbek Zulumbekov, acting chairman of Jalalabat TV and Radio company. According to him the police is afraid to undertake the measures towards attackers as their detention can cause the protest meetings.
Commentary Attack on journalist is the criminally-punishable action. According to Criminal Code of the Kyrgyz Republic the given actions against the journalists form the structure of crime, and they must be qualified on appropriate article, which foresees the responsibility for crime against the person and property, depending on intention of attackers and followed consequences. Besides, as the attackers prosecuted the aim to obstruct the professional activity of journalists, their actions must be qualified on set of articles of the Criminal Code of the Kyrgyz Republic, which foresee the responsibility for attack on physical person and deliberate damage of property, and also on articles 151 of the Criminal Code.
4. Unjustified withdrawal of Mass Media and separate editions
April 05 MSN periodical (Bishkek) The circulation of the independent newspaper Moya stolitsa from May 23, 2003 was found at the warehouse of Bishkek terminal of state enterprise “Karabaltinskiy spirtoviy zavod.” According to witnesses, this issue of independent periodical was taken from the state polygraph center Uchkun to Karabaltinskiy alcohol factory by the order of Adil Toygonbaev, son-in-law of ex-president Akaev. After a year the newspapers were sent to Bishkek branch. Let’s remind that on May 23, 2003 the newspaper published the article “Is there is a chasm under the thin cover of fear?”, where the author criticized the unseemly actions by Toygonbaev, who illegally put the activity of a huge industrial enterprises of Kyrgyzstan under his own control.
Commentary According to article 19 of Constitution the private property is recognized and guaranteed in the Kyrgyz Republic as the integral right of a person, the natural source of his well-being, business and creative activity, guarantee of his economic and personal independence. The property is inviolable. Nobody can be deprived from the property, and its withdrawal is admitted only on court’s decision. According to article 13 of the Law of the Kyrgyz Republic On mass media the termination or prohibition of distribution of mass media production is admitted only on court decision. Thus this case has a violation of norms of current legislation and article 16 of Constitution, which fixes the right of citizens for free reception and distribution of information.
5. Violation of economic rights of journalists
April 26 Tynchtyk Sultanov, Koshoy ordo (Atbashy) (Atbashy) Tynchtyk Sultanov, editor-in-chief of Atbashy regional newspaper Koshoy ordo informed that regional administration didn’t put in pawn into budget for 2005 the financial means for its official press organ. According to him, the newspaper exists for support from commercial association “Dordoy.” The newspaper’s circulation is 2200 copies. 200 copies of them are distributed free of charge to war, labor veterans, and poor citizens of the region. The rest of the circulation is distributed on subscription.
Commentary In this case the editorial office of the newspaper Koshoy ordo has a right to demand the appropriate financing by the regional administration, as the regional administration is the founder of the periodical, which foresees the definite expenses for publication of its own newspaper. The action of administration can be appealed in high standing instance though the controlling fiscal bodies, or in court.
III. CONFLICTS. VIOLATIONS, INCRIMINATED TO MASS MEDIA AND JOURNALISTS
1. Accusations in commitment of financial violations
April 18 Mamajan Berdishev, Batken state TV (Batken) Mamajan Berdishev, chief editor of oblast state TV sent the application to governor of Batken oblast, where he accuses his director in financial untidiness. According to Jenish Aydarov, press secretary of governor, the department on struggle with economic crimes of internal affairs began the checking of the financial activity of Batken Television.
Commentary According to article 3 of the Law On mass media the activity of mass media is realized for the account of realization of production and other paid services, and also for the account of founder’s finances, sponsors and other investments. In this case it is necessary to wait for the results of checking of financial activity of Batken TV by law-enforcement organs to estimate the actions of head of oblast TV.
2. Demands on protection of honor, dignity and business reputation, coming out from publication of separate data
April 11 Moscovskiy Komsomolets v Kyrgyzstane (Bishkek) Bishkek interregional court considered the suit of Mercy Corps “Mersiko International” against the editorial office of the newspaper Moskovskiy komsomolets v Kyrgyzstane on protection of business reputation. The critical article about the activity of foreign organization in our country reasoned the suit. The representatives of claimant asked to refute the information about “Mersiko International.” Thus this organization didn’t ask for compensation. The interests of the newspaper were represented by the lawyer of Internews-Kyrgyzstan Akmat Alagushev. The court refused “Merciko” in satisfaction of the suit.
April 15 Rina Prijivoit, Larisa Li, MSN (Bishkek) The judge of Oktyabrskiy regional court of Bishkek Mira Bulatova left the claim application on protection of honor, dignity and business reputation of joint-stock company Publishing house Vecherniy Bishkek and its ex editor-in-chief Olga Bezborodova without consideration. They addressed to court in February 2005 considering that published articles about the activity of Olga Bezborodova by MSN periodical on belonging of Vecherniy Bishkek to son-in-law of Kyrgyzstan’s president harm their honor, dignity and business reputation. The claimants asked 8 million soms ($195 000) from editorial office of MSN and journalists Rina Prijivoit and Larisa Li as the moral compensation. According to Media Representative Shamaral Maychiev the claimants at the court considerations held before March 24 couldn’t present the required documents, which were necessary for the correct decision of this case. Therefore they didn’t come for the next court sessions, having not explained the reasons of their absence to court. With this connection the judge took the decision on non-consideration of the applications.
April 21 Gulnur Keldibaeva, Fergana (Jalalabat) The judicial board of Jalalabat oblast court on civil questions appointed the consideration of appeal complaint of citizen Soyko Alieva against the decision of Jalalabat city court from February 16 on April 28. Let’s remind that on October 29, 2004 the newspaper Fergana published the article by journalist Keldibaeva “Suzaktyktar sotko nege naarazy?” (Why are the citizens of Suzak region dissatisfied by court?). Alieva thinks the journalist and newspaper distributed unverified data and insulted her honor and dignity. She demanded for moral compensation from journalist and newspaper in total sum of 150 thousand soms ($3600). On February 16 Jalalabat city court under the chairmanship of Toktosun Suerkulov having not seen the facts of insult of honor by journalist and newspaper took the justificatory decision on claim by Soyko Alieva.
Commentary According to the article 17 of the Law of the Kyrgyz Republic “On Mass Media” any citizen or organization has a right to demand from Mass Media for refutation of published information, which don’t’ meet with the truth. The citizen or organization has a right to publish their answers at the same mass media which published the false information. The refutation or answer have to be published in the special heading or at the same page and the same font, as the information; in the newspapers – no later than month from the day of demand receipt; in other periodicals – in the next issue. In the case of refusal to publish the refutation of the information the interested party has a right to address to court. According to 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. It is supposed that courts while considering these cases according to the article 18 of Civil Code found out: was the false data distributed, does it harm honor, dignity and business reputation of citizen on legal entity, does it meet with truth, after the court made the fair decision for the benefit of respondents (Mass media and journalists).
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