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May 2005
Monitoring of violations of freedom of speech in Kyrgyzstan in May 2005
In May monitoring registered 44 reports. Twenty four of them define the actual state of mass media in the political atmosphere of the month, 15 give the information on direct violations of mass media and journalists’ rights, and last five 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
May 01Kurmanbek Bakiev, acting President of the Kyrgyz Republic"The guarantee of democracy is the freedom of information, freedom of speech and thoughts." Encroachment upon freedom of speech is the commitment against the state and people," said acting president Kurmanbek Bakiev during the TV and Radio airtime. According to Bakiev freedom of speech and information can be limited only by the necessity to observe human rights and interests of national safety.Bakiev thinks that limitations on suing mass media should be put on officials, who occupy the official posts. "Also it is necessary to introduce responsibility for unreasoned representation or overestimation of claim sums against mass media," noted Bakiev.May 03Kurmanbek Bakiev, acting President of the Kyrgyz Republic"There are must be only necessary mass media for publication the official decisions, orders and explanations. But the state has to take care of mass media development, directing the budget finances through the special funds and grants," said acting president Kurmanbek Bakiev in his reference connected with the international day of press freedom. According to his words this holiday this year became the reconsideration of the condition of press freedom in Kyrgyzstan, its estimation after the March national revolution. Bakiev also declared about his intention to promote the law drafts, which create the transparent and competitive system of mass media, where the journalists will not depend on one master and have opportunity to illuminate the events and public processes clearly and objectively. "Mass media will become really strong after they will have economic independence. We have not it yet. Nevertheless, today it is impossible to press freedom of speech. And this is our main achievement. But we remember about the recent non-objectivity in mass media. Informational policy of the state was built on serving the authorities and separate groups of people, and constitutional rights of people for free information and speech were violated," noted acting president.
May 24 Anvar Artykov, governor of Osh oblast During the press-conference at Osh state administration the governor Anvar Artykov said he is against censorship in mass media. But at the same time he asked journalists not to force information in connection with the last events in Uzbekistan. “The situation at Kyrgyz-Uzbek border must be illuminated objectively and impartially. Those, who will purposely deform information will be punished according to the current legislation,” said governor.
May 27 Adahan Madumarov, Vice-prime Minister of the Kyrgyz Republic (Bishkek) “The heads of governmental mass media don’t want to become free as it is connected with financial issues,” said Adahan Madumarov, vice-prime minister of Kyrgyzstan during the meeting with the Personal Representative of the OSCE Chairman-in-Office for Central Asia Alojz Peterle. Also Madumarov, appointed by acting president as head of working group on reformation of National TV/Radio broadcasting corporation, informed that within 30 days this group will develop the conception of reorganization of National Corporation. Then it will be represented to the government. According to acting vice-prime-minister, they consider the possibility to establish joint-stock companies, thus the control package of shares (51%) will belong to government. Also it is supposed to create the huge media holding, which will gather governmental newspapers and national TV/Radio channels.
May 31 Adahan Madumarov, Vice-prime Minister of the Kyrgyz Republic (Bishkek) “The state is enough to have one governmental print periodical (bulletin), other mass media have to be incorporated,” said Vice-premier Madumarov during the media forum held in Bishkek. According to him, the reformation of state print periodicals (state, oblast, city and regional) will be realized by removing the government, oblast, city, regional state administrations and local keneshs out of the structure of mass media founders.
May 31 Kurmanbek Bakiev, acting President of the Kyrgyz Republic (Bishkek) “During the special session of constituent Council of OSCE in Vienna acting president and prime-minister of the Kyrgyz Republic Kurmanbek Bakiev, has once again declared that there are will be no state mass media in the country,” informed acting vice-premier Adahan Madumarov at press-conference. Also he said that participants of this session were interested by the future destiny of National TV/Radio Broadcasting Corporation. Bakiev thinks that this channel could remain the state form of ruling, and create the alternative public channel on its basis. “Everybody knows that the remote regions have not access to information from National Channel because of poor quality,” said Vice-premier.
May 31 Adahan Madumarov, Vice-prime Minister of the Kyrgyz Republic (Bishkek) Adahan Madumarov, Vice-premier declared about the necessity to register internet-sites as electronic mass media. ”Whether we want or not, but virtual mass media today became the source of alternative information, which seriously influence on mass opinion and therefore we can’t ignore their activity,” noted Madumarov. The Kyrgyzstan’s publicity ambiguously reacted for this idea. The opponents think this idea is the encroachment upon Internet essence. According to their opinion even after the overthrows of an authoritative mode Internet remained as the only source of information, above the censorship, administrative and criminal prosecution by authorities. “Besides there are still serious problems with realization of position on status of on-line periodicals as electronic mass media. The main problem is in impossibility of spreading the jurisdiction of local legislation relating to web-sites, located on the servers of other states,” think the opponents.
May 31 Omurbek Tekebaev, speaker of Jogorku Kenesh (Parliament) of the Kyrgyz Republic (Bishkek) Omurbek Tekebaev, speaker of Jogorku Kenesh of the Kyrgyz Republic acted for public status of National TV and Radio Corporation. According to him for now Parliament is considering the possibility to establish the Public Council, which will be represented by legislative, executive power, mass media and civil society leaders. Having acted at the national media forum Tekebaev informed that “this body (Public council) will have administrative functions on management by country’s main TV and radio channel.” Also Tekebaev noted that National channel must not express the interests of any political and oligarchic groups. “For a long time national corporation expressed and served the interests of power, being its ideological weapon, and therefore lost its popularity and trust among people,” said Tekebaev.
2. Actions by officials defining the actual state of mass media
May 10 Osh janyrygy (Osh) “Abduvahab Moniev, the young journalist, who had been worked in state newspapers Agym and Uchkun was appointed as chief editor of the newspaper Osh janyrygy by order of Osh state administration,” informed Alisher Toksonbaev, governor’s press secretary. This appointment was held contrary to desire of newspaper employees. During the meeting, held on March 26 the journalists asked to remain the editor Mamyrayim Dubanaev who according to journalists, made a lot to improve the work and also achieved repayment of debts of editorial office before publishing house. But the new authorities think that the nominee of Moniev ostensibly meets with new trends.
May 13 Abdumalik Sharipov, Right for all (Jalalabat) “The references by the new administration of Jalalabat oblast on readiness to cooperate with independent mass media meet with counteraction by local officials,” informed correspondent of human rights protective bulletin “Right for all” Abdumalik Sharipov. According to journalist, it took more than ten days to interview acting governor Jusupjan Jeenbekov. “As it was not possible to receive answers for the questions, addressed to governor through his press-service, head of his apparatus and head of departments, I was compelled to address to governor himself. I was surprised, when governor said that he didn’t receive any questions,” said journalist.
May 16 Embassy of Uzbekistan in the Kyrgyz Republic Embassy of Uzbekistan in the Kyrgyz Republic addressed to mass media of Kyrgyzstan with a reference, where it asks mass media objectively and impartially cover the happening events. This reference says that several mass media of Kyrgyzstan has distributed unverified data about the conducted meeting took place in Bishkek in connection with events in Andijan. Also the reference noted that contrary to the published information this action took place not near Embassy of Uzbekistan, but on the territory of the building on opposite side of Tynystanova street, that about 10 people participated at this action, whereas mass media created impression of mass character and imposing appearance of this action. Uzbekistan’s Embassy emphasizes that besides of slogans that condemned the order of Uzbekistan's authorities to shoot demonstrators, there were another slogans as “Akramisty are the threat to Kyrgyzstan’s sovereignty”, “Halifat will not be democracy,” which contradict to ideology of passed meeting.
May 17 All mass media (Jalalabat oblast) Jalalabat oblast administration prohibited representatives of oblast state administration and law enforcement bodies to present information on refugees from Uzbekistan who are on the territory of Kyrgyzstan to journalists. Deputy head of law enforcement department Kadyr Bechelov explained this prohibition by the fact that authorities are afraid of wrong interpretation of facts by mass media representatives, as it can lead to deterioration of relationships between two states.
May 24 Osh sadosi (Osh) According to the order of Osh acting governor Anvar Artykov, Mahamadsaly Ismailov was appointed for the position of chief editor of the newspaper Osh Sadosi. Alisher Toksonbaev, governor’s press-secretary said that the newspaper collective ostensibly expressed its mistrust about ex-editor Urinbaev. However the journalists themselves denies this fact. According to one of the journalists, who wished to stay anonymous, the oblast authorities compelled Urinbaev to leave the post.
May 25 Askar Salymbekov, acting mayor of Bishkek City authorities intend to cooperate with mass media closer, said Askar Salymbekov, mayor of Bishkek at the meeting with journalists. According to him the concrete steps were taken in this direction. The press-service under the mayor’s office was re-organized and also the Bishkek informational center was reformed. As mayor says till now the press-service existed only formally, but now he is seeking for nominee for the position of head of press-service. “The old administration and its territorial divisions didn’t pay much attention to mass media and were conservative in this sense. And now our work should become more transparent,” said acting mayor.
May 26Kurmanbek Bakiev, acting President of the Kyrgyz Republic (Bishkek)Acting president Kurmanbek Bakiev signed the order on creation of working group on reforming the state mass media. Adahan Madumarov, acting vice-prime-minister headed the group, along with his deputy Kuban Mambetaliev, head of public organization “Journalists.” This group has to present the project on reforming the state mass media to president. Earlier Bakiev declared that National TV corporation, periodicals Kyrgyz tuusu, Slovo Kyrgyzstana and Erkin Too must become public and there is enough one print organ which will publish official decisions.
3.Amendments and draft amendments into current legislation, determining the legal status of mass media
May 31 Adahan Madumarov, Vice-prime Minister of the Kyrgyz Republic (Bishkek) “The government of Kyrgyzstan is considering the law draft, according to which the state TV channel Osh-3000 is transforming into public TV,” said Vice-premier Adahan Madumarov during media forum. We remind that TV Company Osh-3000 was founded in 1999 on the basis of Osh TV Radio Company. In 2004 it got status of the second national channel.
May 31 Omurbek Tekebaev, speaker of Jogorku Kenesh (Parliament) of the Kyrgyz Republic (Bishkek) During the media forum Omurbek Tekebaev, speaker of Jogorku Kenesh of the Kyrgyz Republic declared about the impossibility of transformation of National channel into Public in the near future. He explained this by the fact that Kyrgyzstan’s population is still not solvent, and enterprises can’t support public channel on free of charge basics. According to his opinion, National Corporation has to be reformed step-by-step, and this process can be tightened till the end of 2005. Also speaker suggested the law draft to participants, according to which the Observant council under National Corporation, which will define the channel’s policy will be established. This council will be represented by representatives from President, Parliament and civil sector.
4.Evaluations of actual state of Mass Media and freedom of speech
May 24 Stephen Young, USA Ambassador in the Kyrgyz Republic (Bishkek) “Freedom of mass media plays the important role in development of democratic society,” said USA Ambassador in Kyrgyzstan Stephen Young at the meeting with local journalists in Osh. Also he noted that relationships between new power and mass media are developing for people’ benefit. “I think that Government of Kyrgyzstan won’t have monopoly on mass media. And we, in our turn, will continue to support mass media,” said Mr. Young.
May 27 State agency Sinhua (China) “The Chinese journalists highly estimate speech freedom in Kyrgyzstan, having considered that the last political events became the push for mass media development on more democratic basis,” said representatives from Sinhua Chinese informational agency, who visited Osh. They expressed their desire for close cooperation with Kyrgyz colleagues, connected with the joint project on mutual internships of journalists from both countries.
May 31 State mass media During the media forum held in Bishkek on May 30-31 the issue on privatization of Kyrgyz mass media caused the ambiguous reaction. According to journalists’ opinion this step will lead to closure of the newspapers, which will not be able to struggle with competitors. “The budget periodicals are in obviously worse position in comparison with independent ones, as the independent mass media mostly exist for foreign grants. The process of privatization of those periodicals, which are not adapted to competition will lead to their factual liquidation,” think journalists. The experts think that good conception for mass media incorporation is necessary and this idea must not become the single act. First of all it is necessary to create the equal conditions for all participants of media market. 5. Actions by journalists on protection of their civil and professional rights
May 06 State mass media (Bishkek) The working group, created by Internews starts working under the conception on reformation of state mass media. According to representative of this group Kuban Mambetaliev, it is supposed to create public TV on the basis of National TV Corporation. In opinion of initiators, Parliament has to ratify conception. Regarding the print periodicals, the initiators thinks it would be enough to publish president’s order on removing Government and local administration from the founders board. After this the collective could start independent life.
May 13 Joint-stock company Uchkun Collective of Uchkun company intends to hold protest action near Government house if acting president Kurmanbek Bakiev will not meet their demands, said in its reference. The order of Prime Minister on consideration of nominee Andrey Loboda for the position of board chairman of Uckun caused this decision. “We doubt that you put personal interests above the national interests. People say that Loboda is the best friend of your son Maksim,” said in address to Bakiev. They also inform that Fund of state property illegally conducted the meeting of shareholders, where the new Board of directors was chosen. “These people have no any attitude to our enterprise. And we think that they will not protect our interests,” said employees of Uchkun.
May 25Publicity of Jalalabat oblast (Jalalabat)The representatives of Jalalabat publicity had sent the reference to governor Jusupjan Jeenbekov, but still they don’t receive the answer. On April 7 oblast human rights protective organization Validity organized the round table, devoted to freedom of speech with the participation of journalists and representatives of civil sector. The participants of the round table accepted the address to governor with appeal to announce Jalalabat oblast free of censorship. The reference was officially sent to oblast administration. However, according to human rights activists the governor didn’t react on it.
May 27 Mass media of Osh oblast (Osh) The participants of the round table held in editorial office of the newspaper Osh janyrygy discussed the necessity of introduction of new methods of work, objective and fair illumination of events. The questions for discussion caused the debates between state representatives and mass media. The decision on creation of Journalists’ association of Osh oblast was taken at the end of meeting.
II. VIOLATIONS OF MASS MEDIA AND JOURNALISTS’ RIGHTS
1. Illegal demands on censorship of publications (Jalalabat)
May 07 Jalalabat TV/Radio Company (Jalalabat) Acting governor of Jalalabat oblast J.Jeenbekov suggests mass media to give dosed information. The representatives of public union Eldik koshun conducted kurultay in Jalalabat on April 30, where the representatives of this public organization criticized the actions of a new governor Jusupjan Jeenbekov. At the end of kurultay acting governor gathered journalists and “advised” not to cover the moments, where participants of kurultay criticized him. As there were a lot of critics, journalists made only 2-minutes plot without words and only with comments by reporter himself. “In a result having acted the will of a new governor we were criticized by NGOs. They accused us in non-objective coverage of kurultay and demanded for full show. We were compelled to satisfy their demand,” said Rysbek Zulumbekov.
Commentary Article 16 of Constitution, article 4 of the Law “On protection of professional activity of a journalist” and article 1 of the Law “On mass media” says, that censorship in mass media is not admitted in the Kyrgyz Republic. Nobody has a right to demand from a journalist to adjust messages and materials, and also to demand for changing the text or put it off airtime.
2. Violations of constitutional guarantees of freedom of creativity
May 07 Klara Tapkeeva, Jalalabat unu (Jalalabat) Klara Tapkeeva, editor-in-chief of the newspaper Jalalabat unu informed about fact of pressure on this periodical by administration of city kenesh. “On May 6 the next issue of our newspaper left out. The first page contained the celebration of mayor, addressed to veterans of Great War. After this publication I was called to chairman of city kenesh Abdykadyr Mamajanov, who expressed the sharp discontent about my work, having accused in ignoring kenesh and his administration.” According to Tapkeeva, Mamajanov was discontent about the fact, that Tapkeeva didn’t put his name near the name of mayor under the celebration material. The newspaper Jalalabat unu is the official print organ of city mayor’s office and city kenesh of deputies.
Commentary The constitutional guarantees of freedom of creativity are violated in these cases, as according to the point 9 of the article 16 of Kyrgyz Constitution everyone has a right for freedom of thoughts, speech and press and also unobstructed expression of these thoughts and beliefs. Besides, according to the 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 written, oral or any other form, and also conduct journalistic investigation, take records in established order using the technical means.
3. Attacks on journalists and mass media bodies
May 26 TV/Radio Company KOORT (Osh) “The legal proceeding on hooliganism concerning picketers, who took the video camera, belonged to KOORT TV will be instituted soon,” said chief of Leninskiy regional department of internal affairs Toktorbek Janaliev. “For this time we collect all materials on this fact,” added he. The incident took place on May 24 near the office of “Alga, Kyrgyzstan” political party. According to Altynay Asanova, correspondent of KOORT TV, she together with cameraman went to TV shooting of picket, which took place on crossroads of Kalyka Akieva and Toktogula streets. The people gathered were dissatisfied by new appearance of Bermet Akaeva, daughter of ex-president. When cameraman Dmitriy Pavlov tried to shoot the events, the picketers attacked him, took the camera and escaped by the car. The picketers explained their actions by the fact that KOORT TV belongs to Akaev’s family and therefore has no right to take records. The journalists remembered the car number and addressed to Leninskiy internal affairs department. The same day police detained the attackers near the building of central shopping center.
Commentary The actions of malefactors in this case can be qualified as hooliganism. According to part 1 of the article 234 of the Criminal Code hooliganism or deliberate actions, which violate the public order or norms of common behavior, connected with the violence or threat of its use is penalized by the penalty from 100 minimal salaries or public works from 120 to 180 hours, or by arrest for 6 months or imprisonment for 2 years. According to part 2 of the same article hooliganism, committed by group of people; group of people on preliminary agreement, connected with deliberate damage of other’s property is punished by imprisonment till 5 years.
4. Obstruction of lawful professional activity of journalists and mass media
May 17 Fergana and Jany ordo (Jalalabat oblast) The Kyrgyz military guards didn’t pass correspondents from republican newspapers Fergana and Jany Ordo to camp for refugees from Uzbekistan. According to military guards, the governor Jusupjan Jeenbekov prohibited journalists to visit this camp as he is afraid that illumination of this theme in mass media can negatively affect on relationships between the states.
May 19 Jalalabat oblast TV/Radio Company (Jalalabat oblast) Acting governor of Jalalabat oblast Jusupjan Jeenbekov interferes the activity of journalists at frontier areas. On May 14 the correspondents of Jalalabat oblast TV/Radio Company visited the border with Uzbekistan, where they had been prepared the report about refugees. The governor confiscated the taped materials, motivated by the fact that this information can influence on interstate relationships. The videocassette was returned only on May 18, when urgency of this material was gone.
May 23 All mass media (Suzak, Osh oblast) On May 20 the journalists from local and international mass media were not admitted to the territory of Suzak regional hospital, to visit the suffered refugees from Uzbekistan. The representative of the local internal affairs department who at that time was in hospital referred on orders of Sadybakas Joldoshev, chief of Suzak regional service of national safety, not to let journalists to refugees. Joldoshev in his turn, said it was order from Bishkek.
May 23 All mass media (Karasuu, Osh oblast) The Kyrgyz border guards interfere work of TV journalists in Karasuu city in Osh oblast, which is situated near the Kyrgyz-Uzbek border. They refer to the written prohibition for TV shooting. The border guards refused to show this document to journalists.
Commentary Mass media rights are violated in the given cases. Article 3 of the Law “On guarantees and free access to information” guarantees every citizen free access to information, and article 4 of the Law “On protection of professional activity of a journalist” establishes that access to information, which presents the public interest can not be limited. Article 12 of the Law “On guarantees and free access to information” defines, that actions or non-actions of state bodies, bodies of self-management, public unions, enterprises, organizations and officials, which limit the rights of citizens for getting information can be appealed at court.
5. Violation of the right for receiving equal information
May 17 Independent mass media (Naryn oblast) The new authorities of Naryn oblast continue their discriminative policy concerning independent mass media. According to monitoring expert Chinara Toktogulova, governor’s press-secretary still divides mass media on state-owned and other. Despite of applications about equal attitude to all mass media, made by acting governor, press secretary Jyrgalbek Azimov obviously supports state mass media. For the given question “Why do you inform only state-owned mass media about the results of your trips” the official said that he is anxious only about social-economic problems, therefore it is not important to alert independent journalists. Independent journalists note that quite often governor’s press service “forgets” to invite them to cover official events.
Commentary A journalist while executing his professional activity independently of his belonging to the state or private Mass Media follows the norms of the Law “On protection of professional activity of a journalist”, the Law “On mass media” and has a right to attend the organizations of all types of property, be accepted by their officials, to make notes in established order, including using the technical means, to require and receive publicly important information is state organs, organs of self-management, public unions, enterprises, establishments and organizations, to get the access to documents, materials with the information, except those which contain state or any other law protected secret, and also the information with a limited access.
6.Assignment of status and name of a journalist and mass media
May 11 Pavel Gromskiy. Interfax (Osh) Correspondent of informational agency Interfax on the south of Kyrgyzstan Pavel Gromskiy informed that someone send the articles to website centrasia.ru from his name. One of such articles called “Kto vinovat v neudachnoy zachistke Osh?” was published in above stated Internet edition. After journalist addressed to administrator of centerasia.ru Rustam Ragimov with request to take off his name, the request was satisfied. After two days Ragimov informed that they received two more articles about the actions of criminal structures from the name of Gromskiy. It was established that pseudo materials had been sent from Osh. According to Gromskiy he has no any idea about who is trying to harm him. Journalist is afraid from the revenge by criminal authorities.
Commentary According to the demands of article 9 of the Civil Code of the Kyrgyz Republic the actions of citizens and legal entities, which are intended to harm somebody are not admitted. The person, who abuses by the right has to restore the position of the person, who suffered from abusing and compensate the brought damage. The article 11 of the Civil Code lists the ways to protect civil rights including: Recognition of the right, restoration of position, which was before the violation, cessation of actions, which violate the right, compensation of losses and moral damage. Article 50 of the Civil Code includes name and business reputation to personal non-property rights. In this case the malefactors can be attracted to civil-legal responsibility for using someone’s name to distribute false information.
7.Violation of economic rights of journalists
May 8 Echo Manasa (Jalalabat) Independent TV Echo Manasa (Jalalabat) is not accredited at central election commission and thus it has no right to show propaganda materials to air during the election campaign. Journalists from Echo Manasa accuse their colleagues from Fergana periodical, as it didn’t publish the announcement about the costs of materials for airtime, which was given to periodical on April 14. The newspaper workers admitted that they “just forget” to publish our announcement,” said TV journalists.
May 11 Joint-stock company Uchkun (Bishkek) “Working staff and shareholders of Uchkun publishing house are not agree with the order by prime minister Bakiev, which recommends to consider the nominee of deputy Loboda for the position of board chairman of this enterprise,” said in the letter to Board of Directors of Uchkun. The employees and shareholders demand to change the date of holding of a common meeting of shareholders, in other case they threaten by termination of activity. In their letter shareholders underline that preparation, convocation and carrying out the general meetings, according to the legislation, must be assigned to board of directors. However, as they note Fund of state property prepared its own bulletins for forthcoming voting, which is the roughest violation. As it is follows from the letter, only joint-stock company has a right to prepare and recommend candidates to the structure of accounting commission. According to their words, the candidates standing for the position of member of board of directors have to get through the competition, which was announced at the end of last year. “But again the nominees who didn’t pass competition were included into the bulletin for voting, and candidates from Uchkun were not included to this bulletin,” informed in press-release of Uchkun. The workers of Uchkun ask Bakiev to consider the letter from May 18. They intend to stop working and organize the picket near the Government House in the case if president doesn’t give the positive answer. At night on May 20 the supporters of ex-deputy Loboda tried to çàõâàòèòü building of Uchkun. Their actions were stopped by police service.
Commentary In accordance with point 11 of the article 30 of the Code “On elections in the Kyrgyz Republic” during the elections TV/Radio companies, periodicals have to publish the information about the size and other conditions of payment for airtime, print space not later than 5 calendar days after the official announcement of elections date and at the same term they have to present to election commission with the notification about their readiness to present airtime, print space to all candidates for conducting the election campaign. In the case with Fergana newspaper, this periodical has a right to demand for compensation of losses, including the lost profit, as the workers of Fergana periodical are guilty, as they forgot to publish the information, presented by Echo Manasa in time. In the case with Uchkun it is necessary to learn the demands of legislation of the Kyrgyz Republic. Thus, according to the article 37 of the Law “On joint-stock companies” the common board of its shareholders is considered to be the supreme body of company. Company has to conduct common meeting of shareholders annually in terms, established by Board of directors or executive body but not later than May 1 after the report year. According to the article 36 of the same Law the management bodies of joint-stock companies are: 1) common meeting of shareholders – the highest managing body, 2) Board of directors, 3) executive body, which manages the activity of company and other bodies. According to article 38 of the same Law the election of directors’ board members is the prerogative of common board of shareholders. The candidates who got the most votes, equal to places at directors’ board and established by the rule is considered to be elected to Board of directors. According to article 55 of the same Law the member of Board of directors can not be the shareholder of company; the demands to persons, who elected to board of directors can be established by the Rule of company or internal document, which was confirmed at common meeting of shareholders. Thus, the economic right of mass media and Law “On joint-stock companies” is violated at this case.
May 10 Jalalabat correspondent point of Ala-Too program (Jalalabat) Correspondents point of Ala-Too program in Jalalabat left without room. According to correspondent of program Baktykan Ajymamatova the new management of Jalalabat asked to free the room in building of mayor’s office, which earlier was given to journalists. “We were just thrown to the street. Almost for one month we are working in marching conditions,” says cameraman Mamatkadyr Mamataliev. Journalists compel that besides the room they left without transport, which earlier was presented by city administration. According to journalists, they are compelled to hire taxi for remote trips and ask local authorities to help with transport to execute their duties.
May 12 Jalalabat TV/Radio Company (Jalalabat) Jalalabat city social fund threatens Jalalabat TV Radio Company by closure of all bank accounts. As management of TV Company says this decision will negatively influence on the work of company. According to data received from TV Company’s administration, this company has credit debt in amount of 261307 soms ($6500) before the social fund. According to head of Jalalabat TV Company Rysbek Zulumbekov, the main share of debt had been formed from 1999 to 2002 during the construction of building of oblast TV Center. The construction was suspended because of finances’ lack and unfinished building was transferred to balance of oblast management of capital construction, however Jalalabat TV remained the debts. The main debt in amount of 70 thousand soms ($1750) has been extinguished in April 2005. Administration of TV Company appealed to management of Republic Social fund, having asked to deduct the charged fine in amount of 166139 soms ($4150).
May 23 Jalalabat unu (Jalalabat) The output of the newspaper Jalalabat unu was failed on the fault of city and oblast department of post communication. The oblast publishing house refused to print the circulation, demanding from editorial office to pay debt in amount of 38 thousand soms ($950). According to chief editor of the newspaper Klara Tapkeeva, this situation turned out because of fault of oblast and city post enterprises. “The total debt of post enterprises before the periodical makes 28215 thousand soms ($705). Almost for several years they don’t return us money for subscription. A year ago the question about the debts of post enterprises to mass media was discussed in oblast administration, but situation remains the same,” said Tapkeeva.
Commentary The first two cases show the lacked financing by the founders, which are the state bodies. Therefore here we can hand the article 4 of the Law “On mass media” which says that activity of mass media is realized for selling of their production and other paid services, and also for means of founders, sponsors and other incomes. In the case with the output of the newspaper Jalalabat unu the rights of mass media were violated. Mass media or its owner as any other economic person has a right to submit suit on responsibilities, originated because of harming or non-execution of agreements conditions, and demand for compensation of all loses, expenses, lost benefit. Mass media also has a right to demand in a court way for execution of agreement’s conditions and compensation of all expenses by the guilty party.
8. Threats toward journalists
May 13 Akiykat (Jalalabat) Chief editor of Jalalabat oblast newspaper Akiykat Abdisharip Bekilov informed that wife of ex-rector of Jalalabat state university Jamgyrbek Bokoshev threats the newspaper. The article “Tortunchu rector je, tonkoruchton kiyinki JAMU) (The fourth rector or Jalalabat State University after revolution), which reflected the different opinions of university professors about activity of Bokoshev, caused her reaction. Mrs. Nurilya Keneshbekova, who is the head of Russian philology faculty at the same university, thinks that this publication was deliberately directed against her husband. She promised chief editor and author of this article to punish them after the presidential elections, hinting by patrons in future president’s surrounds. Newspaper editor Bekilov suggested to express her opinion in the newspaper, but Keneshbekova refused.
Commentary Article 16 of the Constitution of the Kyrgyz Republic foresees the right of every person for personal inviolability. According to article 8 of the Law “On protection of the professional activity of a journalist,” the professional rights, honor and dignity of a journalist are protected by a law, and the prosecution of a journalist for publication of critical materials is not admitted. Article 13 of the Law “On protection of professional activity of a journalist” defines that violation of journalists’ rights, established by the law, insulting his honor and dignity, threat, violence or encroachment upon his life, health and property in connection with his professional activity foresees the responsibility according the legislation of the Kyrgyz Republic. Threats and prosecutions of journalist in a presence of enough basics to be afraid of the realizing of these threats are formed the crime structure, which can be punished according to the criminal Code of the Kyrgyz Republic.
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