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Oktober 2003
II. violation of rights of journalists and mass media III. violations incriminated to mass media
The monitoring conducted in October has registered 27 cases. Twelve of them characterize the actual position of the media in the light of socio-political and legal atmosphere of the month, fourteen provide information on direct violations of rights of journalists and mass media, and just one report gives information on a violation incriminated to the them.
I. PECULIARITIES OF POLITICAL, SOCIAL, ADMINISTRATIVE, AND LEGAL CLIMATE IN THE COUNTRY DETERMINING THE ACTUAL STATE OF MASS MEDIA. (up)
1. Public announcements, official statements and speeches by top officials, characterizing the present state of mass media
October, 17 Zulaikho Komilova, Independent Information Agency “Asia-Plus” (Kulob City, Khatlon Region) On 17 October, during a session of the Operational Headquarters on the Construction of Anniversary objects in honor of 2700 anniversary of Kulob City, Tajik Vice Prime Minister, Asadullo Gulomov, expressed his dissatisfaction and reproached Zulakho Komilova, chairman of the Kulob Women’s Center Umed, a non-governmental organization, for her active cooperation with mass media. The cause for such a treatment was given by the 3 September publication in the republican bulletin of the Independent Agency Asia Plus of an article, also placed by some Internet sites, announcing about an agreement between Umed and the Japanese Embassy on development of a grant project “Reconstruction of water-supply system of Kinoprokat micro-district of Kulob City” which disabled Tajik government to find investments in amount of $4,5 million for reconstruction of the whole water supply system of Kulob City. According to the top official, such information was undesirable since it scares away investors. Furthermore, he pinned a label “group of journalists of Zulaikho Komilova” on all the journalists, representing local, regional, and republican publications, accredited in Kulob City. After the “public edification” Komilova promised that she would not contact with journalists anymore.
2. Actions by officials, determining actual position of mass media
October, 16 Abdullo Nuri, “Asia Plus” On 13 October, a meeting was held in Dushanbe of the Senior Officer of the United Nations Department on Political Affairs, Vladimir Goryaev, and the Chairman of the Tajik Islamic Renaissance Party, Said Abdullo Nuri. It was noted that the country enjoys an increase in the processes of society’s democratization recently, what may be exemplified by appearance of independent mass media and development of publicity. October, 30 Ibrohim Usmonov, All Mass Media Tajik authorities are interested in that the population of the country be well informed about their activity, Ibrohim Usmonov, State Counsellor of Tajik President, noted during the 30 October training seminar in Dushanbe. He considered that there is a problem of the access to the information in the country. However, according to him, “a refusal to communicate with the media is a personal position of every official who has anything to conceal from people but it is not the position of the country’s government”. According to Ibrohim Usmonov, the conditions provided for the activity of journalists in Tajikistan are more auspicious, compared to the other countries of the region. October, 31 Journalists of Kulob City The Public Prosecutor of Kulob City, Mirzo Aminov, brought an indirect accusation against journalists in unintentional provocation of the splash of suicide cases in Kulob city and district. On 31 October, the City Journalist Club conducted a session on “Reasons and roots of the self-immolation and suicides”. During the session, Mirzo Aminov and the Head of Interior Affairs Department of Kulob City, A.Umurzakov, came out with analysis of the situation before the journalists. From the beginning of 2003, there were 25 cases of different forms of suicides, self-hanging, self-immolation, use of too big quantities of medicines and overdose of drugs (12 women and 13 men) registered in Kulob city and district. Concerning mass media, it was requested not to pursue sensational character of such accidents having anomalous character, but try to convince the reader of malignancy of similar auto-aggressive actions by methodical statements.
3. Suggestions on perfection of Mass Media Legislation
October, 14 All Mass Media (Dushanbe) On 14 October, the National Association of Independent Mass Media in Tajikistan (NANMIT) sent a remark and suggestion to the Lower Chamber of Tajik Parliament to amend and change the Law of the Republic of Tajikistan on Television and Radio Broadcasting, proposed by the participants of a round-table held on 4 September in Dushanbe. In the document, it was especially suggested to go through the structure and legislative techniques, to correct technical and grammatical mistakes, and also to go through the contents of the Law.
4. Journalists’ actions to protect their civil and professional rights
September-October Sogd Region Mass Media (Sogd Region, North Tajikistan) By the end of September in the Media Resource Center Razvitie (Development) founded by the NGO Chetvertaya Vlast (Fourth Estate), the journalists with local and foreign mass media accredited in Tajikistan started studying English free-of-charge. Teachers from London, Flora Roberts and Edmund Hays, were invited to teach English. Such foreign language courses are taught in the region for the first time. Until this time, the Center Development organized free computer courses for journalists. Here they were taught how to use the Internet. October, 14 Broadcast Media On October 14, thanks to financial support of the National Endowment for Democracy (USA), the Independent Journalism School Tajikistan-21 Century conducted a seminar on “Programming basis in commercial radio” in Dushanbe. The seminar was intended for program directors of Tajik radio stations. It should be reminded that along with the State Radio there are also four independent radio stations (“Tiroz”, Khujand, “Asia-Plus” and “Vatan”, all in Dushanbe) in Tajikistan. The participants discussed the basics of a broadcast network, specificity of daily and evening broadcasting, thematic programs and also a number of questions concerning the work with radio station personnel. October, 16 Mass Media, (Kulob) On 16 October, the manager of the Development Program Network of Mass Media of Soros Foundation (Headquarters in Budapest, Hungary), Algirdas Lipskas, met with some local journalists of Kulob and also with proper correspondents of the nation-wide media outlets accredited in Kulob. The representative of Soros Foundation was on his first visit, traveled not only to Kulob City but the whole Tajikistan, that’s why the meeting’s purpose was to familiarize himself with the media situation in the region, problems and needs of them. After the public meeting Algirdas Lipshkas talked with journalists, wishing to discuss specific issues in a confidential way. October, 20 Mass Media in Sogd Region On 20 October, in Khujand City was conducted a meeting of students of the Department of Journalism of Khujand University with managers of both non-governmental and governmental outlets, and also lawyers where discussed the theme “Freedom of the Press”. The participants of the meeting noted that, judging by the published materials in regional printing-houses, freedom of speech in Sogd Region is limited. Editors-in- Chief, who participated in this meeting, explained one of the reasons of such situation with that after publishing critical materials, the authors face with many problems initiated by Hukumat (regional administration). October, 20 Kulob Mass Media and Badakhshoni Kuhi Autonomous Region On 20 October, in Kulob, the Dushanbe OCSE Center and NANSMIT conducted a city training seminar on journalists’ labor rights with the participation of about 30 representatives with governmental and independent print and broadcast media of Badakhshoni Kuhi Region and Kulob District, including the Independent television station Kurgan-Tyube. Lawyers of the National Association of Independent Mass Media in Tajikistan familiarized journalists with their rights and duties, provided for by the Civil and Labor Codes of the Republic of Tajikistan and also with possible ways and methods to protect their rights. The participants of the seminar expressed their opinions on necessity and advisability of creating a Professional Trade Union of Journalists in Tajikistan, which could take over the whole qualified protection of rights of mass media and individual journalists. October, 28 Mass Media in Sogd Region NANSMIT jointly with the National Endowment for Democracy have conducted a workshop in Khujand City for journalists and officers of press-services of state departments on “Interaction of press-services of state structures with Mass Media”. Oleg Panfilov, a lawyer with Moscow Center of Journalism for Extreme Situations, and Boris Pontileev, also the lawyer of this Center, and Ibrohim Usmonov, Tajik President’s State Counselor, told the journalists about the role of the modern media in highlighting activities of the government and possibility of access to the official information. The participants also got to know about the rules of accreditation of journalists in press-services and Parliament. The participants also discussed the issue of a special status of a public figure and ethical standards in the activity of an official and a journalist. The Informational-Analytical Center of Sogd Regional Administration made a presentation in this seminar. The Head of this Center, Narzullo Dadabaev, noted that in the future Sogd Regional Administration would be organizing press conferences more frequently. He also noted that in the nearly future they would solve the problem of accreditation of journalists with the Regional Administration. October, 30 Mass Media (Dushanbe) NANSMIT and the National Endowment for Democracy conducted a training seminar in Dushanbe for journalists and officers of Public Prosecutor’s Offices on “Interaction of Public Prosecutor’s Offices with Mass Media”. The participants of the seminar discussed issues of the role of the modern üedia in highlighting the activities of government branches, the role of publicity in the activity of Public Prosecutor’s Institutions and also discussed the existing forms and methods of the access to the information in Public Prosecutor’s Institutions. Ibrohim Usmonov, Tajik President’s State Counsellor, told the participants about access to the official information at the governmental sources and also about the rules of accreditation of journalists with press-services of governmental institutions of Tajikistan. By the end of the seminar, its participants agreed in opinion that in the future journalists and the officers of Public Prosecutor’s offices should have close cooperation.
II. VIOLATION OF RIGHTS OF MASS MEDIA AND JOURNALISTS (up)
1. Threats against Journalists
October, 09 Khurshedi Atovullo, Weekly Newspaper “Ruzi Nav” (New Day) (Dushanbe) It is almost two years that a correspondent for the weekly newspaper “Ruzi Nav”, Khurshed Atovulloev, has been threatened by unknown people both in written form and by phone that he would be killed for the published article about Buri Karimov. It should be reminded that on August 21, 2003 the Weekly newspaper Ruzi Nav in its release #3 published a critical article by Khurshed Atovulloev about Buri Karimov, the former vice prime minister of the Tajik SSR government and Chairman of the State Planning Committee of Tajik SSR. The author of the article criticized the former position of Buri Karimov in 1992. It was said that being in banishment, Buri Karimov, still continues to criticize the current government. On 9 October, in the 10 release of the newspaper there was published a reply article “Tajikistan is not America” under a pen name of “King of Matchinsk”. In this article, the author of the article warned Khurshed Atovulloev that he would be killed if he were stroke by any of the author’s relative. October, 11 Najmiddin Shohinbod, Weekly newspaper “Tojikiston” (Dushanbe) On 11 October, three workers for Dushanbe City Zoo came to the editorial office of the weekly newspaper Tojikiston to express their displeasure to the editor, Mahmadullo Maksadullo, regarding the released humoristic article by Najmiddin Shahobiddin under the name of “Letter of the she-wolf” (“Letter of the she-wolf” #302 October 9, 2003). They requested the editor of the newspaper to present them the author of the article immediately, threatening the author to wring his neck. According to the Zoo staff workers, its director, vet and administrator saw themselves in the persons of the heroes of this article and considered themselves offended. Then the Chairman of Journalists’ Memory Foundation in Tajikistan, Mukhtor Bokizoda, whose office is located next to the office of the Tojikiston came for help. Only after a few explanations that article carried just humoristic character and did not mention any Zoo or any name of the director or the employers of this Institution, they left the editorial office, but promised to come back. October, 31 Safvatullo Burhonov, Weekly Newspaper “Nerui Sukhan” (“Power of the Word”) (Dushanbe) On 31 October, there were several phone calls to the editorial office of the Weekly Newspaper Nerui Sukhan. The callers appeared to be unknown men who threatened to punish the author of the article “Davlatdorii Kulobiho” (Kulobi State Management: ± îò 30.10 â ¹39) by S.Burhonov. The phone callers were saying in a quite rough way, “Is journalist tired of living? Why does he not like Kulobi’s government?” The editor-in-chief started to ask the names of the phone callers and who they were, but they just answered in one way, “Sooner you will get to know who called your office and poor ending awaits your newspaper.”
Commentary Threats of a murder or heavily harm to the health, if there is a reason of bewares of the commitment of this threat constitutes corpus delicti, provided for by article 120 of the criminal code of the Republic of Tajikistan. Such crimes represent significant social danger with its negative influence upon society and any individual.
2. Obstruction of legal and professional activity of journalists
October, 16 Khushomad Alidodov, Badakhshoni Kuhi Regional Radio Broadcasting (Badakhshoni Kuhi Autonomous Region, Eastern Tajikistan) On 16 October, staff members with the Department of the Security Ministry of Badakhshoni Kuhi Region entered the office of a correspondent of the Regional Radio, Khushomad Alidodov, saying that they came to clarify some facts and have a serious talk. According to them, two years ago Khushomad Alidodov illegally traveled to Pakistan and in addition to this he was one of the very active members of the Tajik Islamic Renaissance Party, although Alidodov said that he had never been abroad and does not have anything to do with the party. The Officers of the Department of the Security Ministry had threatened Alidodov that he will easily lose his job with radio, if he repeats similar actions. October, 11 Journalists of Kulob City, Asliddin Sohibnazar (Kulob City, Khatlon Region, South Tajikistan) On 11 October, by making a welcoming speech at the Second Conference of Kulob Office of the Tajik Islamic Renaissance Party (TIRP), the Deputy Chairman of Kulob City, Khuronbi Vosieva, criticized local journalists as if they “grossly overestimate insignificant facts”. According to Journalists, this hidden motive is connected with an article by journalist Asliddin Sohibnazar: “The way you are going, leads you to Turkistan, or about how Turkish colleges are replacing Tajik Schools”, this kind of article was published in the weekly newspaper Tojikiston (from October 2, 2003. #40). Especially, the article tells about how Kulob Deputy Chairman Khuronbi Vosieva played a key role in giving Tajik school to Turkish college. After the publication of the article, the colleagues of correspondent Sohibnazar told how Khuronbi Vosieva had put pressure upon Asliddin Sohibnazar when preparing material and collecting material for it. October, 22 Muhiddin Idizoda, Weekly newspaper “Nerui Sukhan” (“Power of the word”) On 22 October, special correspondent for the weekly newspaper Nerui Sukhan Muhiddin Idizoda was coming back from his business trip to Tavildara District, and stopped by the building of the Nurobod District Administration to take the picture of the building in order to prepare certain material. After this, a man in a military uniform came up to the journalist and demanded the journalist to give him the camera. Idizoda showed his journalistic ID card and asked the military man about his own. Being convinced that he was a journalist, the military man started to make excuses to him, saying: “I thought that you are a spy”. Then he asked the journalist not to take the picture of the building, since he was instructed as such “no journalists should take pictures of the administration building without a permission by the District’s chairman”.
Commentary The Law of the Republic of Tajikistan (Article 30 of the Constitution and Article 2, 36 of the Law on the Press and other Mass Media, Article 3 of the Law of the Republic of Tajikistan on Television and Radio Broadcasting) guarantees and protects freedom of speech, the press and right to use media. According to Article 31 of the Law on the Press, a journalist has the right to find, receive and distribute information, make any records, including usage of audiovisual devices, camcorders and cameras, except for the cases prohibited by the Law. Article 6 of the Law of the Republic of Tajikistan on Television and Radio Broadcasting prohibits interference of state and local authorities, political parties, public organizations and individuals in the activity of TV and Radio Companies. Any form of obstruction of legal and professional activity of the journalist and in a likely manner constraining him to spread or refuse to spread information, concerned with the threat of violation, property destruction or damage, spread of slanderous figment or announcement which complainant wishes to keep in secret, and at the same time violating the rights and legal interests of the journalist, constitutes a corpus of crime, set by Article 162 of the Criminal Code of the Republic of Tajikistan. These illegal acts, connected with violation, destruction or damage of property constitutes a corpus of crime, set by Part 2 of the current Criminal Code of the Republic of Tajikistan. In these cases, suffered journalists have the right to go to the law enforcement bodies in order to institute criminal proceedings against offenders.
3. Unjustified refuse to provide socially important information
October, 05 Sulaimon Husaini, Rasht Press Informational Center (Tajikabad District, Central Subordination District) On 5 October, Sulaimon Husaini, a correspondent for the Informational Agency Rasht Press in Tajikabad, went to Jirgatal District to collect information and materials about potato sowing and production of tobacco. However, he was not able to collect any information there. The district’s officials told the journalist that they do not recognize such information agency as Rasht Press, since this agency collects information of the opposition character and may cause domestic conflicts between the population of Jirgatal District. October, 02 Salimakhon Vakhobzade, Weekly Newspaper “Vecherny Dushanbe” (“Evening Dushanbe”) (Dushanbe) On 2 October, Salimakhon Bakhibzade, a correspondent for the Weekly newspaper Vecherny Dushanbe, was invited to the Coordination Council of Dushanbe Public Prosecutor’s Office where the activity of the party Hizb ut Tahrir was discussed. In order to write an analytical article about activity of Hizb ut Tahrir she addressed to the General Public Prosecutor’s Office of Tajikistan, its department officer Gadoev Shams. He wrote down the questions of the journalist and promised to answer them in a couple of days. However, when the journalist came to Shams Gadoev for the answers, he told that, unfortunately, the administration rejected all questions of the journalist. When the journalist asked the reason for the rejection, Gadoev did not want to talk about it anymore. October, 16 Independent Television studio “Mavji Ozod” (“Free Wave”) (Vose District, Khatlon Region) On 16 October, The Chairman of Vose settlement of Vose District, Khairullo Mirzoev, without explanation and in a flat form refused to give information to the local independent television studio Mavji Ozod (“Free Wave”). “You will not get any information from me”, the chairman said to the journalist. The Director of Mavji Ozod, Rustam Buriev, directly connects this story with one case occurred on 28 August, 2003. It was when the Chairman of Vose District, K.Fakirov, removed the camera group of the studio from the District Administration Hall where the Regional Teachers’ August Conference was conducted. According to the Chairman, he removed them because they one-sidedly cover news in the region. And he did not start his speech, until the TV group left the session hall. According to Rustam Buriev, after this incident the officials of the district unwillingly were giving interviews, but there was no any direct and open refusal yet, like what happened with Khairullo Mirzoev.
Commentary Freedom of Speech, the Press and a right to use media are guaranteed and protected by Article 30 of the Constitution of the Republic of Tajikistan, except for the data connected with State secrets. In addition to this, Article 31 of the Law on the Press and other Mass Media grants a journalist the right to find, receive and spread information in any legal way. At the same time, Article 5 of the Law obliges governmental, political and social organizations, movements and officials to give necessary information to Mass Media. Refusal in giving the asked information may be appealed against by representatives of the media with the superior body or official and then in court.
4. Unjustified restrictions in receiving socially important information
September, 26-30 Masum Imomov, Radio “Ozodi” (Radio Liberty) (Khujand City, Sogd Region, Northern Tajikistan) On 26 September, correspondent of the Radio Ozodi Masum Imomov intended to take interviews at the Healthcare Department of Sogd Region about delivery of a Humanitarian cargo with medicaments, aided by the US State Department. Alleging to the absence of his chief, the Deputy Head of the Healthcare Department refused to give information and asked the journalist to come by the time when his chief, being at his business trip, would come from Dushanbe. When Imomov went there on 30 September for the second time, he received the same answer as before: “The Chief is absent, come tomorrow”. According to the correspondent, after a number of unsuccessful efforts to receive information from the officials, he received information from the alternative sources. October, 20 Khaliki Sangin, Radio “Ozodi” (Radio Liberty) (Dushanbe) Kholiki Sangin, a correspondent for the Tajik Information service Radio Ozodi, few times called Dushanbe Office of UNICEF in order to receive an answer for his question on how much funds this organization had allocated for coal supply of the Rasht District School. But a representative of the press-center of this organization refused to give such information and asked the journalist to call him the next day and this happened during several days. Kholiki Sangin also complains that it is becoming more difficult to get necessary information in other international organizations.
Commentary Freedom of Speech, the Press and a right to use the media are guaranteed and protected by Article 30 of the Constitution of the Republic of Tajikistan, except for the materials connected with State secrets. In addition to this, in accordance with Article 25 of the Law on Information, it is forbidden to limit rights to receive any open information. Thus, these artificial limitations in receiving information are unlawful.
5. Violation of rights of mass media in receiving information
October, 29 Independent Mass Media (Kulob City, Khatlon Region, South Tajikistan) On October 29, the Chairman of Kulob City, Bobojon Murodov, chaired a meeting with journalists of broadcast mass media. Only representatives of governmental mass media - resident correspondents of the regional and republican TV and Radio Committees and Kulob TV studios were invited for the meeting. By the next day, nobody could explain at the City Administration why such preferences were given to the governmental outlets. October Sogd Region Mass Media (Sogd Region, Northern Tajikistan) According to some tentative data, most of Sogd Region’s journalists admitted that during everyday practice they face with the problem of access to information. The survey and monitoring conducted by the NGO Farokhdasti on accessibility of information (August-October) 134 surveyed journalists of the print and broadcast media of the cities and districts of Sogd Region, stated the following. 84 of them said they had face the problem of access to information, 42 journalists said they did not face with such a problem, and three of them did not answer at all. Analysis of the survey showed that the situation with access to information for governmental and non-governmental organization differs. It is easier for the governmental mass media to receive necessary information. For example, the ratio for the governmental reporters, who faced and not faced this problem, constitutes 32 against 26, while for the non-governmental journalists, the ratio was 52 against 16.
Commentary It is baseless to establish priorities for separate Mass Media and journalists, since Article 36 of the Law of the Republic of Tajikistan on Information guarantees all participants of informational relations equal rights and opportunities of access to information and nobody can limit the right of an individual in choosing any form and source of information.
6. Illegal prohibition of spreading periodicals
October, 04 Weekly newspaper “Nerui Sukhan”, “Ruzi Nav” (Faizabad District, Central Subordination District) On 4 October, representatives of the Faizabad District Administration gave notice of not bringing the newspapers Nerui Sukhan and Ruzi Nav into the District in future. According to them, these newspapers are contrary to the existing legislation of the Republic of Tajikistan and anti-governmental materials published in these newspapers agitate the society. For the present time, the residents of this district cannot read these newspapers in public since they are afraid of being persecuted by the District’s law machinery.
Commentary Article 2 of the Law of the Republic of Tajikistan on the press and other mass media proclaimed the press and other mass media to be free. Every citizen of the republic has the right to freely express his belief and opinion, spread them in any kind of form in the press and other mass media. According to Article 22, part 4 of this Law, obstructing legal spreading of the materials of Mass Media, including by means of seizure of circulations is forbidden. Thus, the action of the local government of the district is unlawful.
III. VIOLATIONS, INCRIMINATED TO MASS MEDIA (up)
1. Charges of violation of the order of announcement of the date-line
October, 23 Khatlon Region Mass Media (Khatlon Region, South Tajikistan) On 23 October, the Khatlon Regional Public Prosecutor’s Office accused a number of regional newspapers because their chief editors do not obey the Law of the Republic of Tajikistan on the Press. For instance, the regional newspaper of Khojamaston Ba Pesh (“Forward”) and the Hakikati Kolkhozobod newspaper (Kolkhozobod News) did not provide the data for the circulation volume, their exact address and address of the printing house where these newspapers were published during six months of the year of 2003. There are 29 District Administration newspapers and 3 regional administration newspapers, which are published in Khatlon Region. There are eight particularized non governmental weekly newspapers, which are published in Khatlon Region. There are 23 printing houses functioning in the district now. Public Prosecutor’s Office of Khatlon Region had warned these publications that in case they do not obey the law, they would be brought trials.
Commentary According to Article 20 of the Law of the Republic of Tajikistan on the Press and other Mass Media, each edition of a print periodical should contain the following information: Name of the Publication Promoter Surname and initials of the Chief editor The number of the edition and the date of publication, as for newspapers, it should be indicated the time of the publication signed for printing Index for periodical newspapers, distributed through communication services Circulation Price (commercial distribution of the publication) The number of registration certificate and the name of the institution which issued the certificate In this case, the arguments of the Public Prosecutor’s Office, on violation of the Law by separate Mass Media by not informing about their circulation volume, the location of the editing house and printing house, is justified. However, by requiring Mass Media Organizations to spread information about their profit is not based upon the Law.
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