ANALYTIC REPORT: the State of Freedom of Speech in Central Asian Countries in III quarter of 2004

(based on monitoring of violations of freedom of speech in Kazakhstan, Kyrgyzstan, Uzbekistan, Tajikistan)

Country analysis briefs, 2004

1. The state of freedom of speech in general

1. The state of freedom of speech in general  (up)

The state of freedom of speech in four Central Asian countries remained disturbing in the III quarter (April – June, 2004). Generally it tends to get worse. Such tendency was striking during or in the days leading up to Parliamentary or Presidential elections in the four countries. The electoral race has aggravated relationships between the ruling elite and opposition; furthermore it revealed controversies within the ruling elite. However, as a result of the political fight, mass media and journalists were the only whom to blame.   

The monitoring registered 643 direct or indirect violations of freedom of speech for the second quarter of 2004. Nine journalists and mass media were reportedly attacked. One journalist was killed in a traffic accident; another one was shot in the leg. Assailants struck a journalist with a heavy iron bar, causing serious head injuries. Other three journalists were brutally beaten, two robbed. Unknown individuals threw bottles of flaming gasoline inside Yuzhniy express editorial office (Kazakhstan, Taraz). In three cases, journalists were threatened and offended. Thirty eight journalists were rudely prevented from carrying out their professional activities. The monitoring registered 26 attempts to intrude into journalists’ creative process, including claims to censor publications.   

Majority of the above cases are criminal offences. However there were rare actions brought against the alleged offenders. Most of actions were not brought to the court. Perhaps, law enforcement agencies do not feel responsible to journalists and media. One hundred and sixty four journalists were denied or restricted information of public interest.

At the time, 13 criminal actions were brought against journalists and mass media, predominantly for publishing defamatory information, i.e. insulting “honor and dignity” of state officials. Sixty one lawsuits and claims were filed and 19 administrative actions were brought against journalists and media outlets.  

The President of Uzbekistan, Islam Karimov, “turned into tears” at hardships faced by journalists “…You should keep in mind that not all people are glad to see you. It’s hard to earn bread for a journalist. I respect your way of earning money. And your main task is to search for the concealed information. I would be glad if you disclose such information, because there is not much of it,” he said during a break between the Parliamentary sessions in August.    Unfortunately, the monitoring shows that the vast majority of journalists’ and mass media’ rights offenders are the acting or former state officials of different ranks, law enforcement officers and big businessmen, acting on their own behalf or on behalf of the business sector. The ruling elite set a pattern for treating journalists. Worth mentioning here is an interview of the President Islam Karimov with Uz TV Akborot. Having expressed deep concerns about information flowing from all corners of the world and negatively affecting youth, he said: “Information attack might have been stronger than explosion of a nuclear bomb. My highest task is to teach young people sanity and deliver people from corrupting ideologies. We shall build an iron curtain.”  

The iron curtain again. Perhaps, the State Agency of Communication of Kyrgyzstan, helps restore the iron curtain, by leaving more than 30 applications, submitted by electronic media outlets, without consideration.

Tajik independent media outlets face difficulties, when requesting state-owned printing firms to provide them with printing services. In this regard, the USA embassy to Tajikistan issued a statement on August 25, 2004, saying that printing firms were unofficially ordered to deny publication of independent newspapers, critical of the President and Government of the RT. Not accidentally free expression and human rights organizations ranked the four countries below 150^th in the world press freedom reviews.

The state of freedom of speech in the Central Asian countries is changing slowly. To illustrate, legal and administrative means to affect mass media and journalists gradually replace the means of force in Tajikistan. Similar to Kazakhstan and Kyrgyzstan protection lawsuits grow in number in the country. An unprecedented case, the President Karimov shall trick at least in public statements. Along with this, there are also lawsuits filed by journalists and mass media for their civil and professional rights protection. However efforts of opposition, nongovernmental public and free expression organizations to foster democratization process were unsuccessful.

In this connection, for example in Kazakhstan, Altynbek Sarsenbayev, ex Information Minister resigned, after holding the post for two months. He worked on a new draft media law and tried to bring it in line with international freedom of expression standards. A Kyrgyz draft law, intending to abolish criminal defamation provisions, was not approved as well.

2. Kazakhstan  (up)

It is not an exaggeration to say that the III quarter in Kazakhstan was marked by the Parliamentary election and new draft law “On Mass Media”, elaborated on by the new Minister of Information A. Sarsenbayev. Perhaps for the first time, practicing journalists and representatives of independent public organizations were welcomed to participate in the work. The minister also withdrew all local ministerial departments’ lawsuits pending against mass media and journalists.     

Nevertheless, the Parliament plans to consider the new draft media law during the first quarter of 2005. All politicians do seemingly try to get involved into work on the draft law, as if mass media are not the public institution for implementation of civil rights to free speech, but the prize in the political fight.

Electoral campaign started long before the official date set in the law. The government, party and private media outlets began campaigning, by publishing positive references about potential candidates. Though such initiative belonged not to journalists or editors, they were blamed for publications in most cases and none of parties or candidates was brought to justice.  

There were several administrative actions brought against mass media. “Angry candidates” filed protection lawsuits against them. It means that the general situation for rights of mass media and journalists has worsened and aggravated.  

Three hundred and four direct and indirect violations in total were registered for the last quarter. For the same period two journalists were brutally beaten, one of them was shot. There was also an attempt to set fire to the editorial office. Nine journalists were prevented from carrying out their professional activities. Fifteen journalists were roughly denied information of public interest or restricted from accessing it, by means of creating artificial obstacles.

All the above cases are criminal or administrative offences. The first cases are to be qualified as a crime against journalist and media property. The rest of them are to be qualified either as prevention of journalists from carrying out their professional activities (article 155 of the Criminal Code of the RK) or failure to provide journalists with information requested within time limits and creation of obstacles to obstruct journalists from carrying out their professional activities (article 352 of the Code of Administrative Offence of the RK).

The monitoring registered rare actions brought against those, committing a crime against journalist and media property, however in the rest of instances, the offenders remained unpunished.

Journalists were unlawfully detained by the police twice. Six journalists were prevented from attending open court hearings or were forced to leave them. Five criminal actions and 15 administrative actions were brought against journalists for defamation. Forty five lawsuits and claims were lodged against journalists based on “protection of personal non-property rights- protection of honor and dignity” by candidates for the Parliament.

The above incidents give small hopes that the free speech situation and rights of mass media and journalists would ever change.

3. Kyrgyzstan  (up)

Akayev wrote the following in his book (the book was published in August by republican print media):

“We declared and really have freedom of speech; [we] are proactive in making authorities in the country more transparent in order for them to be constantly in the public eye and encouraging popular involvement. Maybe there are some difficulties, but we continue contributing to establishment of the institution of independent, objective and socially responsible mass media.”

This very freedom in practice: “A war among newspapers goes on in Kyrgyzstan unless a serfdom over mass media ends and state bodies wouldn’t have a right to compel journalists to serve the government apparatus, and finally the head of state unilaterally wouldn’t appoint and discharge heads of TV radio corporations and newspapers’ editors,” K. Mambetaliyev, head of the Public Foundation “Journalists” said.  

Tabaldiyev, director of the National Information Agency “Kabar” said the following:

 “Many district newspapers, which publish once a month, are available to 10% of people. Regional media outlets have poor technical and financial resources: editorial boards are equipped with devises produced in the last century, paying $10 salary to journalists (an average salary). At the time, courts satisfy $10,000 and $100,000 lawsuits filed by the ombudsman, deputies and state officials. Two journalists, Imankulov and Borambayeva, were sentenced to 1 year in prison and 0.5 year in prison and fined 5,000 soms and 5,000 soms respectively for publishing defamatory information about deputy head of the Talas City Department of Public Education. Just think, the prison sentence for doing a public job. Nothing could help authorities, even though journalists were released under amnesty against their will.

Issyk-Kul regional prosecutor’s office warned a Factor newspaper’s editor, Mamedov, that he may be sentenced to 3 years in prison under articles 127 and 128 of the Criminal Code of the KR for publishing an article “100 richest people in Kyrgyzstan”, which mentioned the President Akayev and his relatives. This is the freedom of speech in practice.  

The monitoring registered 58 direct and indirect violations of journalists’ and media outlets’ rights for the III quarter. Three journalists were attacked; in addition two of them were robbed. Six journalists were denied or restricted information of public interest. The most common violation is the violation of the procedure for distributing information, where local executive bodies issue orders for subscription to government-controlled newspapers. Media economic, copy- and labor rights are regularly infringed. Five defamation charges were brought against journalists for the reporting period. This figure is equal to the one in Kazakhstan.   

The only positive thing here is an expanding nongovernmental sector to the extent of being able to stand for the rights of mass media and journalists or put forward a legislative proposal.

4. Tajikistan  (up)

In the beginning of 2005 Tajikistan is expected to hold Parliamentary election. Tajikistan is not exception among the Post Soviet countries. The authorities in the country prefer violent means to affect the media instead of encouraging open dialogue.

In fact, antagonists: Social Democratic party of Tajikistan and the Party of Islamic Restoration are unanimous in assessing freedom of the press and speech in Tajikistan.

They accuse authorities of deliberate closure of two private printing firms, which caused halting publication of many non-state and party newspapers, including Nerui Sukhan, Ruzi nav, Odamu Olam, Nadjot and Adolat. At the time state-owned printing firms refuse to print these newspapers. The parties’ leadership accused authorities of exerting “deliberate pressure” on mass media and journalists through prosecutor’s bodies, police and tax authorities, intending to intimidate journalists and media outlets in the wake of the election. Thus, the parties’ leadership stated that such politics would not lead to consolidation within the society and would probably cause destabilization of socio-political situation in the country, implying that all negative consequences would be the sole fault of the Tajik government.

Political tensions would definitely have an impact on actual state of mass media and journalists. We had already reported on Ridjabi Mirzo, a chief editor of Ruzi Nav newspaper, who was heavily injured. Journalists received 4 threats to their families, two of them were threats against Movludo Sultonzoda, for an article “Who is Rakhimov?” published in Ruzi Nav newspaper. Very symptomatic is a hidden threat against another Ruzi Nav’s reporter, Akhmad Ibragimov, pronounced by deputy chairman of Kulyab hukumat Sh. Sangova: “the only golden chain around my neck is enough to kill anyone.” Thirty seven journalists were denied information of public interest. At most people preventing journalists from carrying out their legal professional activities were state officials. Journalists for independent media outlets were barred from attending an unveiling ceremony at a Pyanj border bridge, where the President Rakhmonov was expected to participate. The Ministry of Defense’s officer put obstacles in the way of free reporting of laying the first stone at the Central Asian University. Zvonnikov, an editor was prevented from entering the regional hukumat building, where Rakhmonov was holding a meeting. State officials claimed that publications be censored twice. In fact, there were much more claims to censor publications, however none of monitorings manages to register self-censorship. Similar to neighbor countries, in Uzbekistan local executive bodies backed subscription campaigns for state-controlled newspapers and prevented distribution of independent print media.

During the period covered, 3 lawsuits were filed based “on protection of honor, dignity and compensation in moral damages”. The plaintiffs were: Defense Minister Khairullayev, Head of Human Resource Department Djalolov, and Deputy Head of the Dushanbe City Court Amirov. The amounts sought in the lawsuits were hundreds of thousands of US dollars. For the past three months the monitoring documented 90 reports on rights of journalists and mass media infringed as compared to 88 for the II quarter.  The monitoring registered 90 violations of journalists’ and media outlets’ rights as compared to 80 in the second quarter. The positive thing is that the media community and nongovernmental public sector are not ashamed to inform the authorities about their shortcomings and mistakes. Public statements, seminars, conferences and critical publications gradually become routine.

5. Uzbekistan  (up)

The III quarter in Uzbekistan was marked by the fight against terrorism and preparations for the election, scheduled for December. Terrorists were brought to justice and sentenced to long jail terms.  

The government adopted a new provision on Uzbek Agency of Press and Information, reserving “ministerial prerogatives” to issue prescriptions, mandatory for all state bodies, residents and economic entities. Uzbekistan Ministry of Defense issued an order for all media outlets, demanding that they coordinate information on all defense and security -related issues with military censors.  

Several websites, including BBC, are regularly blocked. The RU law of 27.08.04 provides for rules for using the address space and domain names.

In August, soon after Bahtiyor TV channel, a popular private TV channel, ceased broadcasting, 4 more channels did the same:  Bekabad television – in Tashkent region, Mulokot TV - in Kokand, Ishonch TV - in Termez and Nurafshon TV - in Karshi. Authorities revoked a license of private printing firm “Imonch Ltd”, which got popular for having their services provided at less expensive rates. Several NGOs, including Internews, were suspended or closed on far-fetched charges. Not only dissident media heads were fired, but also stubborn; in most cases, they were replaced by more loyal persons. To illustrate, Miralimov, a deputy head of the Uzbek Agency of Press and Information, was fired for expressing sympathy towards journalists. On the other hand, Melibayev, was appointed as a chief editor of Literatura i iskusstvo (he is known for expressing indignation over the rules, demanding that students, sent to study abroad, should know foreign language).

Journalists and media outlets were prevented from accessing information. Many local journalists, human rights activists and relatives of those, accused of terrorism were barred from attending court proceedings in Fergana regional and the Supreme Court of Uzbekistan. Journalist Nurmuhamedov evidenced that employees of the Ministry of Internal Affairs, General Prosecutor’s office and other state bodies, usually prevent “untested” individuals from accessing sources of information. “Subordinates” strictly follow such rules. To illustrate, Marhashat district prosecutor’s aide instructed militiamen to “drive” independent journalists, Tazhibayev and Muhitdinov, out of the courtroom. There are many instances where journalists’ creative process was intruded. For instance, an employee for private information agency “Turkiston press”, who would like to remain anonymous, informed: “We were forced to submit themes of our articles, stating only advantages of our independence, for consideration and approval. We were prohibited from criticizing disfavoring trends and reforms, held by our government. We were prohibited even from mentioning problems such as nonpaying salaries to employees of state-owned and private organizations, lack of cash money, power abuses by police forces, corruption and so on.” It is not amusing that journalists and mass media, especially those dissident and obstinate, are becoming perceived as an enemy by state officials and certain segment of the society. The monitoring documented 193 direct and indirect violations stipulated by the national legislation for the recent three months. Three times journalists were offended, using obscene words, while doing their job. In 7 cases, journalists’ creative process was intruded, including claims to censor publications. Forty eight journalists were roughly prevented from carrying out their professional activities or denied information of public interest. The monitoring registered 8 cases, where access to websites was blocked. There were also infringements on economic rights of mass media, labor rights of journalists. Journalists were subject to unlawful detainments and outdoor surveillance, etc. Three criminal actions were brought against journalists. Eleven lawsuits were filed against journalists and mass media, based on “protection of honor and dignity”. Consequently, the IREX Media Sustainability Report ranked Uzbekistan the worst out of 20 countries.

At the time, the monitoring documented lawsuits filed by journalists for their legal and professional rights protection. Three lawsuits were filed by journalist, claiming the registration procedure was violated.

Despite the increased number of violations of rights of mass media and journalists, the state of freedom of speech is changing slowly. The upcoming election would not be easy and unambiguous for authorities, as it used to be.

6. Conclusion  (up)

To summarize the state of freedom of speech has not changed in the four countries in the III quarter. Moreover, in the run-up to Presidential and Parliamentary elections and aggravating political situation, the state of freedom of speech has worsened.

Unfortunately, as we may see, Central Asian states are not the only exception within the CIS.  The administrative recourse is getting involved in the election campaign, implying, therefore, division of mass media and journalists into “ours” and “others”, creation of favorable conditions for “ours” and obstacles for “others” to carry out professional activities.

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