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July 2005
In June monitoring registered 17 reports. Three of them define the actual state of mass media in the political atmosphere of the month, 11 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
July 10Avazbek Atahanov, press-secretary of President of the Kyrgyz Republic (Bishkek)"Russian mass media have exhausted credit of trust in Kyrgyzstan," declared President's press-secretary Avazbek Atahanov in his interview with the newspaper Rosbalt.According to him the Russian journalists tendentiously illuminate the last events in Kyrgyzstan.As the example press secretary gave the situation around the resorts and sanatoriums on Issyk-Kul lake, where the negative publications in Russian mass media about the instability in regions almost have broken the tourist season.2. Evaluations of actual state of mass media and freedom of speech
July 26 Kuban Mambetaliev, coordinator of project Monitoring of illumination of elections in mass media of Kyrgyzstan (Bishkek) “During the illumination of presidential elections mass media of Kyrgyzstan admitted number of violations,” informed Kuban Mambetaliev, coordinator of project Monitoring of illumination of elections in mass media of Kyrgyzstan. Mambetaliev noted that TV Company NBT from June 27 to July 1 showed results of telephone interrogation of electorate, conducted under slogan “Vote, country!”, which revealed rating of popularity of candidates to president. This contradicts to p.3 of the article 31 of the Code on elections of the Kyrgyz republic, which says that it is not admitted to publish in mass media the results of public opinion, forecast of elections’ results from the moment of candidates’ registration. National TV/Radio Broadcasting Corporation in its news program Kabarlar on July 10 reported about the elections’ district, where acting vice-prime minister Felix Kulov was expecting to come to vote. In this report correspondent quoted words by Kulov about the positive influence of tandem Bakiev-Kulov on election situation in the country. This fact also contradicts to article 31 of the Code on elections which establishes that “election campaign stops for 24 hours prior to beginning of voting.” National Corporation devoted 39 thousand seconds to acting president Kurmanbek Bakiev, which made 84% from common airtime for all five candidates. By this TV company expressed its obvious preference to only one candidate to president. Also the same was admitted by TV companies KOORT and Pyramida, three state newspapers Slovo Kyrgyzstana, Kyrgyz Tuusu, Erkin Too, and non-governmental periodicals Vecherniy Bishkek and MSN.
3. Actions by journalists on protection of their civil and professional rights
July 13 Journalists of Jalalabat oblast (Jalalabat city) The participants of a round table named "Does the society need the state mass media" held in Jalalabat addressed with the letter to President Bakiev and Speaker of Parliament Tekebaev. They expressed their concern about the actions of state officials, who obstruct mass media exemption. "Publicity with delight met the first steps by acting president Bakiev regarding mass media. However, these progressive steps still exist on paper," said in the letter. The journalists asked to pay attention on the fact that refusal from state mass media on all levels will promote the more successful development of democracy, speech freedom and also media market. "We ask to take measures to realize the proclaimed ideas regarding mass media. This especially concerns National TV/Radio Corporation and oblast TV/Radio studios," note journalists.
II. VIOLATIONS OF MASS MEDIA AND JOURNALISTS’ RIGHTS
1. Threats toward journalists
July 22 Journalists of Naryn oblast (Kochkor village) Coalition “For democracy and civil society” expressed its concern about the actions of Kurmanbek Bayterekov, head of state administration of Kochkroskiy region, who constantly threatens journalists and human rights activists. The performance made by director of Naryn regional representation of Coalition Guljamal Sultanalieva on Naryn radio and TV, saying about the violation of election process in Kochkor city on July 10 caused such reaction by Bayterekov. Sultanalieva narrated about the use of administrative resources by Bayterekov. “Mass media informed about the competition among the local election commissions and promised 10 thousand soms prize for collecting the greatest amount of voices for candidate Bakiev,” informed observers from Coalition. According to leader of Coalition Edil Baysalov, the head of region demands from journalists and human rights activists for stopping the critics about him and also he revenges for past insults. Baysalov also said that in a result of Bayterekov’s threats number of local journalists and human rights activists were compelled to leave Kochkorskiy region as they are afraid to be prosecuted.
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.
2. Unreasonable refusal to provide important information
July 16 Sahiba Kadyrova, Salyk-info-nalog (Jalalabat) Sahiba Kadyrova, correspondent of the oblast newspaper Salyk-info-nalog informed about the fact of non-presentation of information about the repair of hospital's building by Alamakan Ryskulova, head of maternity department of Jalalabat oblast hospital. On July 14 journalist asked Ryskulova for information on project and expenses for repairing the building, about the donors, who allocated the finances, about the terms of execution and reasons of temporary location of maternity department in building of oncological department.
Commentary A journalist while executing his professional activity independently of his belonging to the state or private Mass Media follows the norms of the Law “On protection of professional activity of a journalist”, the Law “On mass media” and has a right to attend the organizations of all types of property, be accepted by their officials, to make notes in established order, including using the technical means, to require and receive publicly important information is state organs, organs of self-management, public unions, enterprises, establishments and organizations, to get the access to documents, materials with the information, except those which contain state or any other law protected secret, and also the information with a limited access.
3. Illegal limitation of access to web-sites
July 7 Ulan Melisbek, web-site Gazeta.kg (San-Francisco) Web-site Gazeta.kg has undergone the hackers' attack on July 6. The server company that supports on-line periodicals informed that the most popular web-resource again is under the DOS-attacks. The editorial board of Gazeta.kg connects this fact with the recent interview of its editor Ulan Melisbek with radio Azattyk, where he declared that he intends to vote "against all candidates." "With the crash of Akaev's regime we were hoping that our projects won't be attacked anymore. Unfortunately, now we have the same problems as we had before revolution," said in the open letter of Gazeta.kg.
July 13 Ulan Melisbek, web-site Gazeta.kg (San-Francisco) Editor of web-site Gazeta.kg doesn't exclude that mass Dos-attacks on server of web-resource are realized from the sanction from the new authorities of Kyrgyzstan. After the crash of Akaev's regime it would seem that we have no ill-wishers who intentionally would organize these difficult network attacks. Recently many materials criticizing Bakiev's inept personnel policy appeared on the web-site. This fact unfortunately force to make the certain conclusions," noted editor.
Commentary According to the current legislation of the Kyrgyz Republic the web-sites are not mass media. With this connection it is impossible to attract the guilty people to responsibility for obstruction of mass media distribution. Nevertheless, here it is the obvious violation of obligations of provider before Internet users. Also the rights of citizens on free receiving and distribution of information guaranteed by art.16 of the Kyrgyz Constitution are violated.
4. Violation of order to distribute information
July 19 Slovo Kyrgyzstana, Erkin Too, Kyrgyz Tuusu, Normativniye acty, VAP, Russian newspaper (Bishkek) Coalition “For democracy and civil society” distributed information where it expressed indignation regarding the subscription campaign on governmental press conducted by Mayor’s office. Coalition informs that the heads of four regional administrations were ordered to organize subscription campaign to governmental press according to the Mayor’s office decision from June 28 #390. Totally according to this order the subscription’s calculation is 4500 copies of Slovo Kyrgyzstana periodical, 5000 copies of Erkin Too, 4500 copies of Kyrgyz Tuusu, 1700 copies Normative acts, 250 copies of VAP and also 1000 copies of Russian newspaper. Coalition notes that city authorities don’t understand the new direction of the state policy, which proclaimed about the total freedom of press and non-interference into the competitive struggle between mass media.
“The managerial administration of such newspapers as
Slovo Kyrgyzstana always accused the independent newspapers in
receiving the grants, at that time when poor teachers were compelled to
subscribe to this newspaper,” says Coalition lawyer Ibraim Orozbaev. Commentary The typical facts were registered in previous monitoring, and they showed the typical attitude of new authorities to state mass media. It is necessary to remind that there is no normative act that allows state bodies and its officials to realize subscription to republic and oblast newspapers in compulsory way. The legislation of the Kyrgyz Republic doesn’t foresee the compulsory subscription and any interested person can address to court to protect his/her civil rights.
5. Illegal detention of a journalist
July 19 Erkin Yakubjanov (Osh oblast) On July 18 journalist from Osh, student of journalism department of Osh state university Erkin Yakubjanov was detained by frontier guards of Uzbekistan on customs point Dustlik. According to journalist’s relative Uktam Mansurov on July 18 Yakubjanov was detained when he tried to interview Uzbek frontier guards to prepare material for radio network Dolina mira (Valley of peace). According to official information by frontiers, journalist is suspected in cooperation with Uzbek radio Ozodlik. Also the Uzbek party notes that journalist had no accreditation from Ministry of Foreign Affairs of Uzbekistan to conduct his professional activity. Radio network Dolina mira (Valley of peace) is the project of IMS (International Media Support, Denmark), which is realized by radio stations Almaz (Osh), Salam (Batken) in Kyrgyzstan and also radio station in Hudjant (Tajikistan). The journalists, engaged in this project, prepare materials regarding the recent tragedy in Andijan and its consequences in region.
July 21 Ministry of Foreign Affairs of the Kyrgyz Republic (Bishkek) Ministry of Foreign Affairs of the Kyrgyz Republic yet doesn’t react on fact of detention of Kyrgyzstani journalist Erkin Yakubjanov by Uzbek frontiers. Press service of Ministry of Foreign Affairs informs that for now the appropriate bodies are engaged by investigation of this incident. We remind that incident happened on July 18 on control-passing point Dustlik on Kyrgyz-Uzbek border. The frontiers detained Yakubjanov when he was interviewing citizens of Uzbekistan, passing the border. According to data from Ministry of Foreign Affairs Erkin Yakubjanov is on Uzbek side.
July 26 Ministry of Foreign Affairs of the Kyrgyz Republic (Bishkek) On July 20 Ministry of Foreign Affairs of the Kyrgyz Republic sent note to Ministry of Foreign Affairs of Uzbekistan with the request about the objective investigation of the situation with detention of Kyrgyz journalist Erkin Yakubjanov at Uzbek customs post Dustlik on July 18. Plenipotentiary of Ministry of Foreign Affairs on south of Kyrgyzstan Bektur Asanov on July 22 talked to Alisher Salahitdinov, Plenipotentiary Ambassador of Uzbekistan in the Kyrgyz Republic on phone. Sahitdinov was invited to Ministry of Foreign Affairs of the Kyrgyz Republic, where the Kyrgyz party was suggested to meet with power structures of both states to discuss questions, arising at Kyrgyz-Uzbek border, including detention of Kyrgyz journalist.
July 30 Erkin Yakubjanov (Osh oblast) On July 29 the Uzbek frontiers released the Kyrgyzstani journalist Erkin Yakubjanov, who was detained on July 18 at the border post Dustlik while preparing the report on refugees from Andijan. The actual basis to detain journalist according to Uzbek frontiers was that journalist had no official accreditation to cover events and allowance to enter the country. According to representative of Ministry of Foreign Affairs in Osh oblast Bektur Adanov all the time Yakubjanov was detained in camera of preliminary detention in Andijan oblast national safety management. Earlier Ministry of Foreign Affairs of the Kyrgyz Republic, head of public association Journalists Kuban Mambetaliev addressed to management of Uzbekistan requesting to release the Kyrgyzstani journalist.
Commentary The given case tells about the detention of a journalist in criminal order, on suspecting of commitment of a crime. As we knew, Yakubjanov was accused in illegal crossing of state border, though actually he was detained when he tried to interview the Uzbek frontiers, executing his professional duty. Thus he had no intention to commit any crime. Besides, according to some information journalist was suspected in cooperation with the Uzbek service of radio Svobodnaya Evropa and realizing the journalistic activity without accreditation from Ministry of Foreign Affairs of Uzbekistan. It is important to note, that nether cooperation with the Uzbek service of radio Svobodnaya Evropa no realizing the journalistic activity without accreditation from Ministry of Foreign Affairs of Uzbekistan is not the criminal punishable actions and with this connection it is necessary to wait for official information from appropriate state bodies to give reasonable legal estimation on this fact.
6. Violation of economic rights of mass media
July 12 Dilier Djumabaev, TV studio ONG (Osh city) "Management of TV Company Keremet illegally terminated the agreement with TV studio ONG," said head of ONG TV studio Dilier Djumabaev during the press-conference held in Osh. According to him TV studio began its broadcasting on TV channel Keremet on July 4 and despite the fact that it was considered for the long perspective, after 3 days broadcasting was terminated. "The absence of name of Osh city at allowing documents became the reason for agreement termination," said Djumabaev. "The real reason for termination of agreement was the pressure rendered by authorities," thinks Djumabaev. Thus journalist preferred not to comment the issue on possible connection of ONG with the religious movement Hizb-ut-Tahrir, having suggested to seek the answers for the questions in department of Service of national safety in Osh oblast.
July 18 Nurgul Abdyldaeva, Dil (Jalalabat) Correspondent of Jalalabat pedagogical newspaper Dil Nurgul Abdyldaeva addressed with the written reference to Ombudsman of the Kyrgyz Republic, ex-candidate to president Tursunbay Bakir uulu. The reference says that chief of his election staff in Jalalabat oblast Shayirbek Mamatoktorov promised to pay 4 thousand soms ($100). The newspaper published all materials, which were foreseen by the agreement, but didn't receive money. Mamatoktorov disappeared and nobody knows where he is now. Journalists were compelled to address to ex-candidate Tursunbay Bakir uulu to receive money.
Commentary It is necessary to follow the content of agreements, which were concluded between two parties. Any economic figure, including mass media uses the rights and carries out responsibilities, foreseen by the law, or gets the rights and obligations by conclusion of transactions (agreements). In the case of non-execution or inadequate execution of agreements conditions by one of the parties, other party has a right to demand from a guilty party for execution of agreement’s points and can collect all loses, including lost benefit.
III. CONFLICTS. VIOLATIONS, INCRIMINATED TO MASS MEDIA AND JOURNALISTS
1. Accusations in commitment of financial violations
July 26 Ermek Umetov, Talas turmushu (Talas) Prosecutor of Talas oblast A.Kalmatov sent document to oblast governor saying about the attraction to disciplinary responsibility of Ermek Umetov, chief editor of Talas turmushu periodical. The document says that according to checking, which was conducted by prosecutor’s office employees, the facts of violations of financial economic activity by newspaper editor were revealed. It was established that from 2001 to 2005 the total sum of 348 558 soms ($8700) for advertising was received to newspaper account, but accounts department didn’t charge the tax for advertising. The car VAZ-2121 (Niva), earlier belonged to breeding factory Jergetal, was sold to the newspaper without any passport-technical data for 62000 soms ($1500). This transport mean was not put on balance of the regional newspaper, and newspaper editor Umetov didn’t take measures on restoring the passport technical data for registration of the car at state auto inspection of Talas oblast. On May 18 the newspaper editor has privatized this car for 25536 soms ($640). On the results of checking the tax for advertising for 10455 soms ($260) was charged to periodical, besides, according to p.2 of the article 65 of Tax Code of the Kyrgyz Republic the financial sanction of 50% of charged sum was applied to the newspaper.
Commentary According to the article 20 of the Law “On prosecutor’s office of the Kyrgyz Republic” prosecutor takes the motivated ruling on excitement of the disciplinary production out from the character of violation of the law by the official or citizen. The prosecutor’s ruling on excitement of disciplinary production has to be considered by state organ, public union or official in terms, established by the laws of the Kyrgyz Republic. The results of this consideration must be presented to prosecutor in a written form. The forthcoming appeal of the ruling doesn’t stop its execution.
2. Demands on protection of honor, dignity and business reputation, coming out of publication of opinions, views, beliefs and estimated judgments
July 8 Mahmud Kazakbaev, Demos times (Osh) During the airtime on TV channel Mezon TV held on July 1 candidate to president Tursunbay Bakir uulu declared about his intention to sue journalist of the newspaper Demos Times Mahmud Kazakbaev, if he won't bring his official apologies. According to Bakir uulu journalist has publicly slandered him having called him vahhabit and supporter of radical streams. In his turn journalist said that he won't apologize and ready to sue with candidate.
Commentary According to article 17 of the Law “On mass media” citizen or organization has a right to protect their rights at court. According to article 18 of Civil-remedial Code of the Kyrgyz Republic the legal responsibility at violation of a personal non-rights (honor, dignity and business reputation) comes with a presence of the following conditions: -if the publication contains exactly information (data), not thoughts, beliefs and estimations; -if these data is not truth; -if information harms honor, dignity or business reputation of a claimant from the point of view of observance the laws and moral principles by him. The civil-legal responsibility doesn’t work without these conditions. In this case mass media and author has to prove the reliability of published information. According to the article 60 of Civil-remedial Code of the Kyrgyz Republic claimant by himself has to prove the fact of violation of his personal non-property rights. -if one of this point is absent, the civil-legal responsibility does not work. According to the demands of art.60 of Civil Code, claimant has to prove the fact of distribution of the damaging information by a person, who faced with the claim, and the respondent has to prove the information is true or false. According to art.26 of the Law “On mass media” mass media bodies do not responsible for distribution of unverified information in mass media if: - this information was contained in official documents and messages; - if information was received from informational agencies or press-services of state and public organs; - if information is a reproduction of words at public performances; - if this information was contained in performances of citizens, leaded to ether without preliminary record.
3. Accusations in distribution of false information
July 3 Zulfiya Kojoeva, TV Company Osh-3000 (Osh) During the press-conference in Osh Cholpon Sultanbekova, wife of deputy Bayaman Erkinbaev accused journalists of state periodicals in corruptions. In particular she said that journalist of TV Company Osh-3000 Zulfiya Kojoeva took 5000 soms ($120) for tendentious illumination of events around the hotel Alay, belonged to Erkinbaev. Kojoeva considered these statements to be insinuations and declared about her intention to sue Sultanbekova.
Commentary In the given cases if the interested people consider that mass media or journalists admitted violations, restraining their rights, so according to the article 17 of the Law “On mass media” they have a right to demand from mass media for refutation of a published data, that doesn’t meet with the truth and harm the dignity and honor. 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.
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