2. Kazakhstan

3. Kyrgyzstan

4. Tajikistan

5. Uzbekistan

6. Resume

Situation of freedom of speech  (up)

For I quarter (January- March) of 2004, situation of freedom of speech in 4 countries remains troubled. The newspapers regularly report on reluctance of authorities to listen to public opinion, and their failure to negotiate openly, which stipulated adoption of even more rigid legislation, as well as dictatorship and direct abuses, frequently occurred in law enforcing procedures.

Three-month monitoring has registered 586 violations of rights of Mass Media and journalists. Three journalists were killed within the mentioned period. The first journalist was brutally murdered on his porch. The second died as a result of improper medical treatment. 12 journalists and Mass Media were attacked. Many of the journalists were assaulted. 11 times unknown people threatened journalists with murder. 31 times journalists were hindered to carry out their professional duties. The monitoring has registered even one case of terrorist attack committed against journalists of “Channel 31” (Kazakhstan). In the given case journalists received an envelope containing white powder, signed by radical religious movement Hizb-ut-Tahrir. All of the aforementioned cases constitute crimes punishable under certain provisions of the national legislation. However, people committed these crimes are rarely being brought to justice. In short, simply to describe deliberate policy, low enforcement organs pursue toward journalists and mass media, we suggest to look at the monitoring conducted about a decade ago, since it had registered none of criminal actions being brought against those, hindering journalists while carrying out their professional duties.

The same is true for investigation into cases of attempts on lives and health of journalists, i.e. protection from criminal encroachments. In March Press Secretary of the Ministry of Internal Affairs disclosed certain numbers that might symbolize the situation. From 2002 through 2003, 17 journalists suffered assaults. Only 6 crimes were disclosed, and 1 – is being still investigated. The rest of cases were closed, because those responsible for the assaults yet to be caught. At the same time, 11 criminal actions, 6 administrative proceedings and 51 civil suits were filed against Central Asian journalists.

Additional factors worsening the situation of freedom of speech are the coming Presidential and Parliamentary elections in Central Asian states. They stipulate high authorities to tighten control over Mass Media and make them loyal on purpose to preserve “status-quo”. Consequently the legislation, regarding Mass Media activities, tends to be even more rigid. All the chosen ones are unanimous in belief that they are doing right. Some deputies of Jogorku Kenesh (Kyrgyz Parliament) during “the Parliament and Mass Media” roundtable discussion regarding decriminalization of actions infringing honor and dignity, stated that now is too early to decriminalize defamation, since the level of journalist professionalism is very low in the country. One of Kazakhstani parliamentary members, while speaking, turned meaning of word “accountability” upside down: he doesn’t acknowledge his accountability before voters, but instead sees their responsibility before him. Our population is apparently left behind the freedom of speech, so what changes we expect? Nevertheless, it remains unclear where these smart deputies come from?

Terrorist attacks committed in Tashkent and Buhara produced negative effect on situation of freedom of speech not only in Uzbekistan, but also over the entire Central Asia. Currently, authorities face popular desperate outburst, caused by their failure to openly and ideologically stand against extremist theories, driving them even deeper underground. Unfortunately, using force is not way to manage the problems.

Kazakhstan   (up)

It wouldn’t be exaggeration to say that the entire public life of the country in 2003 was dedicated to a new bill “On Mass Media”. The bill provoked negative attitude of domestic and international journalist communities, because it gives extra-power to the Ministry of Information and more opportunities for refuse to register Mass Media and termination or suspension of their activities. In many cases, contradictions regarding rights of citizens to freedom of speech, among the bill, the Constitution and International treaties (singed by Kazakhstan) seemed obvious. The bill didn’t criticize, only those who are lazy. Nevertheless, the Parliament amended the bill, with even more restrictions and adopted it within I quarter. The president might have vetoed it before referring to numerous public appeals; however he chose to submit it for judicial review to the Constitutional Council.

Not less important is the Constitutional provision (Article 39) obliging the President and the Parliament to serve as guarantee for inviolability of the Constitution and to pass bills, restricting the rights, including freedom of speech, only in cases of threat to the constitutional regime, public order, rights and liberties of a citizen, health and people’s morality, but still all the measures taken shall be no more than necessary.

Authorities can hardly find out anything proving journalists’ attempts on the aforementioned constitutional values, and therefore restrictions imposed on freedom of speech are groundless. A thing our journalists and the entire journalism needs the most is their protection and more attention paid to them. And it’s not casual that the monitoring has registered 247 cases of direct and indirect violations of rights of journalists and Mass Media for last three months. 4 of which were assaults on journalists. 11 – concern interferences with creation processes, by attempts to control and manipulate what journalists wrote (titles and content). In 91 of the cases, journalists were either refused to receive information of public importance, or artificially constrained to receive necessary information. Such actions constitute elements of administrative violation, provided for by the Article 352 of the Code on Administrative Violations. The Ministry of Information must draw up protocols, in correspondence with elements of the violations. However the monitoring has registered none of criminal proceedings instituted upon the aforementioned grounds. At the same time a criminal action was initiated against famous journalist Benditsky in accordance with Article 129 (defamation) of the Criminal Code of the Republic Kazakhstan in absence of sufficient ground. He went through numerous criminal legal procedures. Absence of corpus delicti and his innocence were obvious prior to trial, but proving them required a lot of public protests and personal Presidential interference. Unfortunately, other cases didn’t end happily. A case instituted against Mikhailov, founder of “Diapazon” newspaper, resulted in conviction of V. Mikhailov to one year’s imprisonment, who was taken into the custody right in the courtroom. In response to public appeals and his own complaints on unlawfull verdict, jury and prosecutor’s officers kept silence, except for several formal replies.

The monitoring has registered 27 pretensions and suits on protection of honor, dignity and business reputation laid against mass media outlets, claiming compensation for moral damage inflicted by them, within the same period. Total amount of the claimed compensation is equal to 40 million tenge.

Kyrgyzstan   (up)

The President, Askar Akayev, during an on-air program of the national TV channel on New Year’s Eve night, questioned about the visible consequences caused by pressure on the freedom of speech, answered the following: “Our state is young – we have immature democratic society. And the gap between freedom of speech and responsibility appeared to be the biggest danger that developing countries face nowadays. We’ve created all conditions necessary for freedom of speech in Kyrgyzstan. I submitted a new bill on decriminalization of libel and insult to people’s honor and dignity to the Parliament upon request of journalists. I think that freedom we give must be full and unlimited”.

It is noteworthy that the President believes freedom of speech to be given, instead of being natural and inalienable right that every human being enjoys since his/her birth, as it follows from the Universal Declaration of Human Rights, the Pact on Civil and Political Rights and the Constitution. It means that in certain cases, they manage simply not to give it. In its turn, Karabekov (President of the Parliament) expressed opinion about free choice of the Parliament to reject amendments proposed by the President, due to the majority of the deputies, who consider republican mass media to be far behind democratic principles of societal development and the new bill “On Mass Media” obliging to broadcast 50% of programs in the state language. If all Mass Media are undemocratic, it’s surprising, where such democracy-oriented deputies come from.

Rina Prjivoite, an editor-in-chief of Politics Department of MCN newspaper, while speaking about 4 groundless refusals to register Nasha Stolitsa newspaper, stated: “the President declares his adherence to democratic principles, but his people detain each of those, who does his best to put the principles into practice. In case if the head of the state was really concerned over actions of the violators, undermining his international reputation and image as a leading democrat over the entire Central Asia, nobody would stop him from punishing them”. Now her statement seems to be right.

Such attitude toward Mass Media does really exist. I quarter 2004 monitoring has registered 86 cases of direct violations of rights of journalists and Mass Media, set by the national legislation. In 4 cases journalists and Mass Media were assaulted, including a case of night watchman of Osh Mass Media resource center, who was brutally beaten. Windows of a building housing “Osh shamy” newspaper’s office were knocked out. In January, Kurmushev, an editor of “Batken Tany” regional newspaper was fired and prohibited to work as a journalist for 2 years. Later the Batkent district court accused him of libel. Such accusations remind us of Stalin’s expression to burden primary punishment by the additional one, i.e. deprivation of political and professional rights. In March, B.Alenov, an editor-in-chief of “Enesay” newspaper was detained and taken into custody, on suspicion of money extortion. Circumstances of his detainment and further procedural violations cast doubts about validity of charges laid against him.

The monitoring has registered 4 cases of interference with journalists’ creation process, including demands to censor articles and 19 cases of refusals to provide information important to public and groundless limitations imposed on its receipt, within the same time period.

Ten suits and pretensions, claiming to protect honor and dignity and compensate moral damages, were laid against Mass Media outlets and journalists. A number of the Legislative Assembly members, feeling hurt about Mass Media, demanded to bring Erkin Turaliyev, author of weakly TV program “Erkin TOO”, (broadcast by TV channel “KOORT”) to responsibility, due to their belief that he discredits the chamber falsely. Kyrgyz ombudsman Tursunbay Bahir filed a suit against a reporter Daniyar Karimov and Vecherniy Bishkek newspaper, the plaintiff states that both had insulted his honor and dignity and inflicted moral sufferings equal to 122 thousand USD, and now he claims them to compensate. Orazalinov, city head of the public education department, played his role as well. He intended to force Borombayev and Imankulov to pay 10 thousand USD for an article criticizing his activities. It is an example of the officials who initially agreed to be highly criticized in return for powerful public offices. Thus, how we may blame mass media for being undemocratic and uncultured.

Tajikistan   (up)

Tajik President, Emomali Rahmonov, addressing mass media employees on occasion of Tajik Press Day, noted: “The Government, having attentively considered the significance and necessity to guarantee free activity to press on purpose to enhance social justice, eliminated all artificial limitations of the past decades. Freedom of speech, guaranteed by the Constitution and by other corresponding legal acts is inseparable from national and state interests”. During his meeting with the state intelligentsia, he declared adherence to principles of freedom of speech. Additionally he noted that growing openness, freethinking and criticism are constant factors affecting the State policy.

In fact, he ordered the state Government to exempt mass media outlets from VAT on purpose for their further independent development.

Unfortunately, the real situation stays far less rosy. In January, a journalist Amanboyev was brutally murdered. He was slaughtered by cutting the throat in train from Dushanbe to Kanibadash. None of murderers was found. Colleagues believe that the murder has to do with his professional activities. Mavlude Sultonzoda, a reporter of “Ruzi nav” daily regularly got phone threats from someone promising to murder him, for his “sensational” articles. Unknown man threatened Idizoda, a reporter of “Neruyi Suhan” by “surprise”, in case he writes laudatory article on oppositionists once again. Press Secretary of the Administration of Executive Affairs has stated that a prison cell awaits a journalist Zakirova, who wrote about the state of affairs in Women Colony. 5 serious threats toward journalists were registered. None of people threatening was brought to responsibility. The monitoring has also registered 2 cases of hindering journalists while doing their job and 29 cases of groundless refusals to provide information of public importance and limitations imposed on its receipt. The overwhelming numbers of violators are state officials. But at the same time, 7 suits and pretensions on protection of honor and dignity were laid against Mass Media and journalists. Majority of claimants are also officials. The monitoring has registered 81 cases of direct and indirect violations of rights of mass media and journalists, set by the national legislation.

In 2003 the Parliament amended law “On Television and Radio Broadcasting” twice, instead of necessary measures, which must have been taken in order to protect freedom of speech and the aforementioned rights. Davidson, US representative in the OSCE characterized these amendments as “actually tightening state control over Mass Media and widening opportunities to commit violations”. He called for stronger cooperation between the Government and the OSCE to eliminate potential conflicts between the national legislation and International Standards regarding mass media.

Uzbekistan   (up)

Situation of freedom of speech was much more complicated in Uzbekistan even before terrorist attacks had been committed in Buhara and Tashkent, in comparison with the rest of Central Asian states. A famous journalist Abdurahman Tashanov believes the situation has not changed much from the last year. The Press Agency, following reregistration requirement, denied requests of newspapers and other mass media outlets for publishing licenses. There are two levels of censorship. The first is - an editor-in-chief and the second is a founder. It’s caused by the fact that the Presidential Apparatus officials appoint all editors-in-chief. Another famous journalist Sayid Ahun sees no more than three independent newspapers out of all registered. They are: “Mustakil gazeta”, “Mohiyat” and “Hurriyat”. The first was forced to close within several months, and the second lost all its journalists, due to tight control over its publications. Journalists Sharipova, Bekzhanova, Fuzimuradova, Abdurayimova and Mehlibayeva were sentenced. The International Committee for Protection of Journalists considers the charges to be groundless and politically motivated. In other words, it believes the journalists to be political prisoners.

Since 1991, the European Bank of Reconstruction and Development has invested 521 million dollars into Uzbekistan and now the bank decided to freeze Uzbekistan credits. Such decision was made since no visible progress in achieving democratic standards and in particular political openness and mass media freedom, unimpeded registration and operation of independent public organizations had been observed within 1 year-term. In fact, all state officials don’t even try to hide their hostile attitude toward Mass Media and freedom of speech on the whole. Fergana deputy hokim Boykuziyeva could be taken as an example; he prohibited employees to communicate with foreign journalists, human rights activists and nongovernmental organizations anyhow, stating that: “they wash dirty linen in public, and don’t pay much attention to reality”. Fergana Hokim, Boykuziyev, obliged all hukumat employees to prevent any communication between population and the journalists. In its turn, Hokim of Fergana region Atabayev, promised to consider demands of striking teachers in return for their refusal to provide any information on the strike requested by the journalists. State officials not only grossly violate a law “On guarantees and freedom of information access”, but also abuse their power, equivalent to crime commitment.

Now it becomes clear why state servants of lower levels do the same as well. For instance, Baimbetov, employee of Buhara regional hukumat accused a TV journalist of incompetence and strongly recommended him to learn the opinion of authorities first before publishing information on transportation problems. A sergeant- fireman Bahodilov stopped camera-reporter of “Samarkandskiy Vestnik” to shoot a fire in the center of Samarkand city, and ordered two people to take his camera away. While they were taking the camera, they managed to beat him brutally, break camera and light the film. Another police-sergeant (Buvaydinskiy department of internal affairs) broke Tazhibayeva’s dictaphone.

Regional hukumats employees, courts administrators and heads of TV-radio-communication companies, similar to law enforcement organs, try to hinder journalists while executing their professional activities. As an example, we may take journalists of the “Pervyi canal”, “Rossia” and “Reiter” who couldn’t transmit video-report on bomb explosions conducted in Tashkent for a long time, due to turmoil related to permissions be given by “Uztelecom” and “Uzteleradiocompaniya”. On March 30, management of “Uzteleradiocompaniya” prohibited technical and creative personnel to discuss the events happened in capital of Buhara region.

The monitoring has registered 23 cases of hindering journalists while executing their professional responsibilities, in total. This number exceeds the number of cases found in all Central Asian republics. But still no action was taken by authorities.

The monitoring has registered one case of journalist murder for the last three months, four cases of journalists brutally beaten, while doing their job. One of them was a foreign journalist Akhmad Al-zubaiyidi. Two of assaulters were state officials, Dadzhanov, hokim of Halkabat village, and Tuygiyev, chairman of mahali (people’s assembly) and sergeant- fireman as it was stated above.

The monitoring has registered 6 cases of interference with journalists’ creation process, 47 cases of groundless refusals or limitations imposed on receiving information important to public, 19 cases of refusals in registration, limitations over distribution and termination of distributing Mass Media products.

Due to the fact that almost all means used to influence journalists were illegal and coercive, court proceedings involving them are registered rarely.

Considering all the stated above, we may conclude that the situation even worsened since the terrorist attacks had been committed. There are many additional facts proving this; the first is that all Uzbekistan citizens learned about the attacks from Russian mass media outlets, but not from domestic ones; the second is prohibiting domestic reporters to attend a briefing held by the MFA and etc.

Resume   (up)

The situation of freedom of speech, in Central Asian countries, hasn’t changed much from the last year. Moreover, it tends to be even worse. Fortunately, journalist community as well as public on the whole, began valuing themselves higher. They supported Benditsky, and as a result of such contribution he was released. They stood against the law “On Mass Media”, and it was recognized unconstitutional. The same is true for Uzbekistan. Unprecedented event happened there: 15 human rights activists conducted a picket near building of “Uzteleradiocompaniya”. Their slogans were: “TV to people!”, “Give freedom of speech!”, “Give us criticism!”, “We are fed up with lie and laudation of the President Karimov!”.