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September 2003
II. violation of rights of journalists and mass media III. violations incriminated to mass media
The monitoring of the violations of rights of mass media and journalists in Tajikistan has registered 19 reports in September. Five of them define actual status of the media in the light of socio-political atmosphere of the month. Eleven report on direct violation of rights of mass media and journalists, there were also three cases of violation, incriminated by mass media themselves.
I. Peculiarities of political, social, administrative and legal climate in the country, determining the actual state of mass media (up)
1. Actions by officials determining the actual state of mass media
September, 01 All Mass media On 1 September, the National Association of Independent Mass media in Tajikistan (NANSMIT) received a letter of response from Tajik government reporting on the process of consideration of a request to grant tax exemptions for mass media. In particular, the letter notified that Nigina Sharopova, Vice-Prime Minister, charged the ministries of Finance, Culture, Income and State Revenues, Justice, Economics and Trade with a task to scrutinize closely the problem and report to the government during ten days with a concerted response. It is worth noting, that on 12 August, NANSMIT sent a letter to Tajik Prime Minister Akil Akilov and Saydullo Khairulloyev, Chairman of Majlisi Namoyandagon (Lower Chamber of the Parliament) of the Republic of Tajikistan, requesting to consider granting Tajik mass media with temporary tax exemptions like it was done in Russia, Kyrgyzstan and Kazakhstan.
anbe On 18 September, Mahmadsaid Ubaydulloev, Dushanbe’s mayor, for the first time had a meeting with editors of September, 18 All mass media, Dushweekly newspapers and broadcast media. Ubaydulloev called the representatives of the various media to participate together with the city administration in elimination of the existing shortcomings in the capital. In his speech, he said also: “Mass media must openly point out our drawbacks and pay more attention to ordinary people’s problems, highlight these in their publications, because mass media is a connecting-link between the government and the people”.
2. Assessments of actual situation with mass media and press freedom
September, 25 Weekly newspaper “Vecherny Dushanbe” The International Organization Reporters Without Borders published its Press Freedom Index. This rating is based on the answers from journalists, experts and lawyers throughout the world who filled in a questionnaire, containing 15 questions on violations of press freedom in their countries, which include murders, illegal arrests of journalists, persecution of mass media’s representatives, and the state’s monopoly on the press. Tajikistan occupies the first place among the CIS countries in respect of observance of principles of freedom of speech.
3. Journalists’ actions to protect their civil and professional rights
September, 04 Broadcast mass media On 4 September, a round-table meeting was organized in the capital of Tajikistan on the subject “Discussion of the new draft law on mass media and amendments to the current law of the Republic of Tajikistan on television and broadcasting”. Participants of the round table: journalists, lawyers, politicians, and representatives of political parties and government agencies discussed, in particular, the question of perfecting the law on television and broadcasting. At the end of the meeting, the attendees decided to summarize in the near future and present their recommendations and suggestions regarding amendment of the broadcast law of the Republic of Tajikistan to the office of Internews Network. September, 25-26 All Mass media During 25-26 September, NANSMIT jointly with the OSCE center in Dushanbe were conducting a training seminar “Journalist’s Professional Status” under the project “Trainings on labor rights for journalists”. NANSMIT promulgated the results of a research on observance of journalists’ labor rights. As the research had shown, most of the questioned journalists were not aware of their labor rights and did not have any idea whom to apply for in the event that their rights were violated. Kuban Mambetaliev, chairman of the board of the public union Journalists, shared their experience in organization of the journalists’ trade union in Kyrgyzstan founded in 2002. The seminar participants also listened to lectures and Commentaries presented by a lawyer with Moscow Center for Journalism in Extreme Situations, Boris Panteleev. By the end of the seminar, the participants came to a conclusion that it is necessary to establish a trade union of journalists in Tajikistan, but before establishing it, some preparatory work shall be carried out among representatives of various Tajik mass media.
II. Violation of rights of journalists and mass media (up)
1. Obstruction of lawful professional activity of journalist
September, 11 Zafar Murodov, Weekly newspaper “Ruzi Nav” (Vose District, Khatlon Region, Southern Tajikistan) On 11 September, the weekly Ruzi Nav (New Day) published an article by journalist Zafar Murodov “Your television is one-sided” narrated about expulsion of Khoja Nazriev and Bilol Shamsov, both with independent television company Mavji Ozod, by Karimjon Fakirov, head of Vose area administration, right from a meeting, attended by representatives from the area and regional administrations, mass media, and principals of high school. The head explained his actions by their one-sided coverage of developments in the Vose area. Notwithstanding the fact, that the outcast journalists, referring to Tajikistan’s legislation, pointed out inadmissibility of his actions, Fakirov insisted on expelling them out of the session’s hall. September, 17 Nurali Davlatov, Weekly newspaper “Javononi Tojikiston” (Dushanbe) On 17 September, two Tajik security officers, a captain and a lieutenant, came to the editor’s office of the Javononi Tojikiston (Youth of Tajikistan) weekly and offered the deputy editor-in- chief, Nurali Davlatov, to go with them to the Security Ministry for a conversation. At the ministry, officers started to accuse Nurali Davlatov of meeting and communicating to some foreign citizens who reside in Tajikistan and borrowing different printed matters and publications. Security officers demanded for his explanation, why he meets with foreigners so often and accepts materials from them. According to them, it seemed quite suspicious, besides, they maintained that Nurali Davlatov had no right to meet with foreigners or receive any information from them. The editor was released in an hour. September, 20 Mosharif Kurbonova, Independent television company “Kurghon-teppa” (Kurghon-teppa, Khatlon Region, Southern Tajikistan) A correspondent with private television company Kurghon-teppa, Mosharif Kurbonova, reported that her directors Umar Kamolov and Khurshed Zafarov had repeatedly threatened and harassed her. According to Kurbonova, they laid down the tough terms: “Before broadcasting any of my critical materials, I must submit a statement that the person responsible for the airing of unreliable materials is me, and not the editorial office,” said the journalist. Kurbonova believes that the managers found this plausible pretext to fire her. September, 21 Mashrap Abdullo, Tajik TV Station (Central Republican Region) On 21 September, Mashrap Abdullo, a journalist with the economics department of Tajik TV became a victim of persecution and threats by security guards of the cotton-cleaning plant Hasan Manonov in the area of Hissor. According to the journalist, there were registered signs of corruption connected with the mentioned plant, so he wanted to prepare a TV material about this. The security of the plant prohibited him to film the plant’s territory and demanded that he disappear from the site under a threat to break his camera in pieces. September, 24 Ghulomiddin Saifiddin, Weekly newspaper “Nerui Sukhan” On 24 September, the weekly Nerui Sukhan (Power of Speech) published a material by Ghulomiddin Saifiddin called “Problems of supplying the population with electricity”. According to Saifiddin, after the article appeared in the paper, responsible officers with the energy ministry and Barki Tojik State Holding Energy Company made arrangements to bar him entering their premises. Besides, everyday the journalist is being threatened by the Dushanbe offices of these organizations, particularly by the head of Dushanbe Electrical Networks, Zoghakov, and the head of Barki Tojik, Alikhon Sharipov. Saifiddin has been trying to collect evidence of corruption in the administration of Barki Tojik for a long time, but all the doors that lead to these authorities turned to be closed for him, so now he is not able to proceed.
Commentary: Legislation of the Republic of Tajikistan: article 30 of the Constitution; articles 2, 36 of the law on the press and the other mass media (print media law); article 3 of the law on television and radio broadcasting (broadcast media law), guarantees and protects freedom of speech and the press, along with the right to profit by mass media. According to article 31 of the print media law, a journalist has the right to search, receive and disseminate information, make any records wit the use of audio and video devices, except for those cases, which are distinctly prohibited by the law. Any form of obstruction of legal and professional activity of the journalist and, equally, forcing him to spread or refuse to spread information, commingled with a threat of violence, destruction or damage of property, dissemination of slander or publication of other information, which the suffered wishes to keep in secret and violating rights and lawful interests of the journalist, constitute formal components of a crime, stipulated by article 162 of the criminal code. The same actions, connected with violation, destruction or damage of property constitute corpus delicti, set forth by part 2 of the same.
2. Unjustified restrictions and refusals to provide public information
September, 18 Matluba Muhamadzod, Weekly newspaper “Nerui Sukhan” (Dushanbe) On 18 September, the Nerui Sukhan weekly published an article by Matluba Muhamadzod, a correspondent for the women’s magazine Guftugu. The article titled “I will not give interview without government’s permission” narrated how Samadar Boboev, head of Dushanbe’s Energy Marketing Company, had refused to Commentary on the numerous facts of violation of the current legislation. In spite of Muhhamadzod’s warning that he violates the respective article of the media legislation together with the ñcriminal ñode of Tajikistan, the latter said: “What does women’s magazine have to do with the energy supply?” September, 29 Turko Dikaev, Weekly newspaper “Asia-Plus”, (Kulob) On 29 September, Kharonbi Vosieva, deputy chairman of Kulob’s town administration, refused to answer a request by Asia-Plus’ correspondent about an interview at his office about implementation of the governmental program on computerization of district and city high schools. According to the deputy, the reason for refuse was that the correspondent always writes incorrect articles. According to the journalist himself, who has recently published an article “Communists – don’t sit in two chairs!" (¹14 îò 3.04.2003), such an answer was motivated by the fact that some officials, being communists, including Vosieva, who, in order to save their present positions, became members of the People’s Democratic Party of Tajikistan (presidential political party).
Commentary: Article 30 of the Constitution of the Republic of Tajikistan guarantees and protects freedom of speech, the press and the right to unrestrictedly use mass media, except for the classified information. In addition to this, article 31 of the print media law grants a journalist the right to search, receive and disseminate information by all legal means. At the same time, article 5 of the same law obligates governmental, political and social organizations, movements and officials to supply necessary information to the media. Refusal to provide the requested information may be appealed against by a media’s representatives with the superior body or official and then go to the law.
3. Unjustified restrictions of freedom of expression
September, 09 Independent television company “Kurghon-teppa”, (Kurganteppa) On 9 September, the independent television channel Kurghon-teppa aired a programme by journalist Mosharif Kurbonzod on the law level of preparedness and organization of the Tajik Independence Day’s celebration in the town of Kurghonteppa. Some interviewed town’s residents and guests who came to the festivity expressed their displeasure and wished the town’s administration would prepare more thoroughly for such important holidays. On the next day, there was a phone call to the television from the town administration. Ruzi Nasifov, head of the Executive Department of KughonTeppa’s administration, expressed his dissatisfaction and asked from now on not to repeat such critical broadcasts about their work.
Commentary: According to article 6 of the broadcast media law, interference of the representatives of governmental structures, local governments, political parties, social organizations and other individuals in a creative activity of television companies is unlawful. Therefore, the demand of the administrator was illegal.
4. Unjustified refusal to issue license
September, 14 Umed Bobokhonov, Information agency “Asia Plus” (Dushanbe) On 14 September, the Licensing commission attached to the Governmental Committee for Television and Radio Broadcasting turned down an application for 6 month broadcast license filed by the Information agency Asia Plus. Mukhammad Goib, first deputy chairman of the Committee and pluralistically chairman of the licensing commission, motivated the denial by an assertion that Asia Plus had not had at its disposal an up-to-date equipment, which would meet international standards, and enough production and technical personnel. “Only when these shortcomings are eliminated, we will examine their application again,” said Goib. In his turn, Umed Bobokhonov, director of the agency, said: “If I did not receive the TV broadcast license, then how would I hire our production personnel and purchase the equipment? All these require funds available. I cannot hire people and pay them during, let us say, a year without the license, because its issuance could be dragged on during the next year and a half. We do possess material resources (functioning radio channel) along with experienced staff members, but it seems quite illogical to purchase the expensive equipment and hire personnel without an uncertain license.” It should be pointed out, that Asia Plus disposes of sufficient deal of television equipment, meeting the international standards, and the creative potential.
Commentary The refusal to issue the license by the licensing commission attached to the broadcast committee was not based upon the law. According to paragraph 9 of regulations on broadcast licensing #91 dated 25/05/2001, an application may be rejected due to one of the following grounds: - An applicant has submitted documents, which do not correspond to requirements of the law and the regulation; - The commission found that the applicant submitted incomplete or unauthentic data; - declared mission and objectives of the applicant conflict with requirements and paragraphs of the law; - A vacant broadcast channel is absent in the region; - Production and broadcast resources of the applicant do not meet requirements of the radio and television broadcasting technology; - Technical parameters of program production units, recording studios, and transmitting terminals of the applicant do not meet current standards and norms; - in cases, when there is no need in a specific broadcast channel, a channel does not answer national interest of the country, and when the broadcast committee find that founders of the channel to be incompetent or insolvable; As it can be seen from the case, the official’s motives for refusal are not specified in the regulations, so the refusal may be qualified as a control of competition. The law provides the opportunity to appeal against the refusal in court.
5. Violation of economic rights of mass media
September, 15 Rustam Odinaev, Aslom Islomov, Negmatullo Khudoibakhshov, Weekly newspapers “Kulyabskaya Pravda”, “Anvori Donish”, “Umed” (Kulob) On 15 September, according to the editors: Rustam Odinaev from the Kulyabskaya Pravda, Aslon Islomov from the Anvori Donish (Kulob University’s Newspaper), and Negmatullo Khudoibakhshov from the Umed, their September issues were disrupted and not printed owing to the absence of the only typesetter at the printing plant. Management of the private printing-house could not either bring the typesetter back to work, or replace him with someone else.
Commentary A media outlet, or its proprietor, if it is a juridical person, has a right to bring a claim in respect of the liabilities originated from the damages caused or non-execution of terms and conditions of the agreement, and demand for indemnification of all losses, accrued expenses, lost profit. Just as that, the newspapers have the right to go to the law and require execution of their agreements’ terms and conditions and indemnification of all losses, if the terms were violated.
III. Violations incriminated to mass media (up)
1. Unjustified accusations of libel
September, 24 Ubaidullo Shirinov. Weekly newspaper “OILA” (Dushanbe) On 24 September, Ubaidullo Shirinov, a correspondent with the weekly OILA (family), was summoned to the court of Dushanbe’s Central District as a witness. The problem was that a few months earlier, the Oila published an article signed by an ex-husband of Shafoat Mahmurodova, the claimant. The article narrated about how the resident of Yovon District, Shafoat Mahmurodova, was engaged in prostitution. Everything in the article represented the facts. But Mahmurodova, considering the facts unfair and wrong, requested the court of the Central District of Dushanbe to institute criminal proceedings against the author of the article. In spite of the fact that Ubaidullo Shirinov reminded several times during the trial that he was an ordinary staff member of the editorial office and he had no right to publish any materials in newspaper, the court attempted to make Ubaidullo Shirinov accused. The real author of the article and the husband of the claimant, Donier Tagoev, did not appear before the court.
Commentary: Liability, according to article 135 of the criminal code of the Republic of Tajikistan, is set forth for immediate dissemination of the falsified facts, defaming honor and dignity of another person and undermining his reputation. This crime can be committed only intentionally. The criminal in the case can only be either the author or a responsible manager in the publication, viz when the person who disseminated the information wittingly knew about its falsity and tried to spread such facts. In the given case, the journalist was not the article’s author, so he cannot be the criminal.
2. Demands to protect honor, dignity, and business reputation sequent to facts of publication
September, 11 Habib Faridun, Weekly Newspaper “Ruzi Nav” (Dushanbe) On 11 September, the weekly newspaper Ruzi Nav has published an article by Karimjon Kodirov, head of the Secondary and Higher Schools Department of the education ministry. The name of the article was “Obscure Judgment of Habib Faridun” where the author accuses Habib Faridun, a correspondent for the Ruzi Nav, of falsification of the facts, which were mentioned in the material published earlier in the newspaper. Karimjon Kodirov announced that he would litigate against Faridun for the published lies. In his article of response, Habib Faridun said that he possesses all the necessary facts and is ready to meet with him in court.
Commentary: According to article 174 of the civil code of the Republic of Tajikistan, the claim of a citizen or juridical person regarding publication of a refutation or an answer to the information in a media outlet may be examined by a court when the respective outlet refused to publish them, or did not publish them during a month, as well in the case of liquidation of the media outlet. According to the requirements of a resolution of Plenary Session of the Supreme Court of Tajikistan #8 dated June 4, 1992 “On practice of implementing by courts of legislation concerning defense of pride and honor of citizens”, the defendant must only prove the verity of information. And the claimant must prove the fact of infringement of his immaterial personal rights. The monitoring has been prepared on the basis of reports by Tajik media outlets and correspondents of the monitoring network under the project “Advocacy of democratic principles of freedom of speech in the countries of Central Asia”. The project is being implemented by the National Association of Independent Mass Media in Tajikistan (NANSMIT) 9in co-operation with the Foundation for protection of Freedom of Speech “Adil Soz”/Kazakhstan under financial support of the United States Agency of International Development (USAID).
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