November 2003

I. peculiarities of political, social, administrative and legal climate in the country, determining the actual state of mass media

II.  violation of rights of journalists and mass media

III. violations incriminated to mass media

In November, the Monitoring of violations of rights of journalists and mass media in Tajikistan registered 29 messages. 12 of those determine the actual position of mass media in the light of socio-legal and political atmosphere of the month. Also twelve of them inform about direct violations of rights of journalists and mass media; and five cases report on violations incriminated to the media.

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

II. VIOLATION OF RIGHTS OF MASS MEDIA AND JOURNALISTS  (up)

1. Threats to journalists

November, 02

Khurshedi Atovullo (Dushanbe)

On November 2, an unknown person called the editor-in-chief’s assistant of the Ruzi Nav newspaper, Khurshed Atovulloev, and accused him of initiating publications of all critical materials about Panjakent District in Sogd Region and publishing them in the newspapers Ruzi Nav (new day) and Nerui Sukhan (power of word). The stranger advised the journalist to write novels and stories, since he might get in trouble by publishing sensational critical materials.

November, 04

Newspaper “Neriu Sukhan” (Dushanbe)

The Nerui Sukhan weekly published a 30 October article entitled “Strike”, which narrated about displeasure of the staff with kindergarten #137 in Dushanbe with the newly appointed director, what became a reason for their collective resignation. After the article’s publication, the Head of the Education Department of Frunzenski District in Dushanbe, F. Gairatov, and one of the relatives of the new director came to Nerui Sukhan’s editorial office and started to demand publishing a refutation by the newspaper from the author of the article, Jovid Mukim, otherwise he would be killed.

November, 09

Muhiddin Idizoda, Newspaper “Nerui Sukhan” (Dushanbe)

On 9 November, Muhiddin Idizoda, a correspondent of the Nerui Sukhan newspaper, attacked by a certain Kudrat, an officer of the Tajik Interior Ministry whose name was. A man, standing next to him by the kiosk and looking at Nerui Sukhan, started an argument with him. He introduced himself as Kudrat, said he was an officer with Tajik Interior Ministry and accused the Nerui Sukhan weekly of publishing critical materials about “Kulobi’s” regime, which again call Tajik people to Civil war. He also accused Idizoda of publishing an article under entitled “Corruption existed, exists and will exist” (#40 November 6, 2003), where journalist unfairly accused law-enforcement officers and said that all high-ranking positions in this ministry were purchased. He also told Idizoda that this critical article was especially concerning “Kulobi” Police and that’s why “Kulobis” will soon punish him. This argument nearly came to blows, said the journalist.

November, 10

Newspaper “Nerui Sukhan” (Dushanbe)

In the Monday morning of November 10, staff members of the weekly Nerui Sukhan discovered a sealed envelope by the doorway of one of their offices. The envelope contained an anonymous letter in anonymous authors threatened to kill every Nerui Sukhan’s correspondent who would dare to write critical publications concerning beads business of Jamal and Co. in the future. More exactly the letter said: “Don’t forget that all economic instruments and criminals of this region are under our control”.

COMMENTARY

According to Article 36 of the Law of the Republic of Tajikistan “On Press and other Mass media ”, compulsion of a journalist to disseminate or refuse to disseminate information under the threat of violence, property destruction or damage, and at the same time violating the rights of journalist by means of such a threat, constitutes a corpus delicti.

Threats of murder or heavily harm to health, if there was a reason to believe in practicability of such a threat, constitutes formal elements of a crime, provided for by article 120 of the criminal code of the Republic of Tajikistan.

Unfortunately, the number of threats towards journalists is not decreasing and such violations drop out of sight of the law machinery. We strongly recommend journalists to address to departments of the Interior Ministry on every fact of threats against them or their relatives in order to organize an inquiry and institute legal proceedings in case of the presence of a corpus delicti.

2. Obstruction of legal and professional activity of the journalist

November, 07

Shohin Oblokulzoda, Information-analytical Agency “Varorud” (Panjakent, Sogd Region)

On 7 November, the Mayor of Panjakent, Maksud Kurbonov, did not permit Shohin Oblokulzoda, a correspondent for the Information-analytical Agency Varorud, to participate in a seminar “Mine clearing and condition of the border” conducted by the UN representative in Panjakent. When the journalist came to the seminar, Maksud Kurbonov first demanded an invitation and then in the presence of eyewitnesses made him go out of the seminar hall. Maksud Kurbonov told the journalist, “Without the permission of the Mayor, you do not have the right to participate at any of the administration’s meetings, as what you did in our last meeting and there began criticizing the activity of our administration”.

COMMENTARY

The Law of the Republic of Tajikistan (article 30 of the Constitution and articles 2, 36 of the Law “On Press and other Mass media”, article 3 of the Law “On TV and Radio Broadcasting) guarantees and protects freedom of speech, the press, the right to use the media.

According to article 31 of the Law “On Press…” a journalist has the right to seek, receive and impart information, make any records, including the use of audiovisual devices, camcorders and cameras, except for cases stipulated by the law. Any form of obstruction of legal and professional activity of a journalist and, in a likely manner, preventing him from disseminating information, related with the threat of violence, property destruction or damage, spread of slander or announcement which complainant wishes to keep in secret, at the same time violating the rights and legal interests of journalist, constitutes formal components of a crime, set by article 162 of the Criminal Code of the Republic of Tajikistan. These very 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.

According to the Criminal and Procedural laws a journalist can address to the Public Prosecutor’s office to protect his rights.

3. Unjustified demands to disclose the source of information

November, 20

Mukhtor Bokizoda, Newspaper “Nerui Sukhan” (Dushanbe)

On 20 November, Mukhtor Bokizoda, editor-in-chief of the Nerui Sukhan newspaper, received a notice paper from Dushanbe Prosecutor’s office in connection with the publication of an article “Where did teacher’s respect get?” (November 16, 2003), narrating about taking money by Republican High School teachers from students for different school expenses like studies, books, curtains and heaters for class heating, etc. And at the same time it tells that children do not receive appropriate knowledge in high schools and because of teachers’ shortage, some subjects are not taught. This article also notes that corruption is thriving in educational departments of the republic.

Senior Assistant of the prosecutor, O. Mirruloev, requested the journalist to tell where did he get these facts, whether he had any proof or who did he talk to and who gave him the information. The journalist answered that the teacher of one of the Dushanbe high schools told about the facts, mentioned in the article.

However, senior assistant of the prosecutor demanded from Mukhtor Bokizoda to mention the name of the teacher. Journalist refused to mention the name of his source referring to article 29 of the Law “On Press and other mass media ”, which states that journalists have the right not to mention the name of their sources until it was requested by the court. After useless attempts, the officers of the prosecutor’s office asked the journalist to write explanatory note to the city’s prosecutor, Kh.Vohidov. Only after this the journalist was released.

COMMENTARY

The requests of the officers of the prosecutor’s office were not based upon the law. Article 29 of the Law of the Republic of Tajikistan “On the press and other mass media” provides for the right not to mention the name of the person, who gave the information under condition of non-disclosure of his name, except for the cases required by court.

4. Unjustified refusals to provide information of public concern

November, 05

Ulfatkhonim Masum, Newspaper “Asia-Plus” (Badakhshoni Kuhi Autonomous Region)

When preparing the printed material on the fact of the beating of a Gorno Badakhshan Regional Police officer by Russian Border guards, a correspondent of the independent newspaper Asia-Plus, Ulfatkhonim Masum, faced with unwillingness of Russian Border guards to comment on the fact. According to the journalist, during five days, Operative and Intelligence Services of Military Unit # 2022 withheld comments upon the above-named incident by promising her to contact with the commander. Ulfatkhonim Masum said the military unit officers just wanted to disclose the incident and that’s why she had to publish the material without their comments.

November, 15

Nosirjon Mamurzoda, Newspaper “Ruzi Nav” (Dushanbe)

On November 15, by the initiative of the editors of Ruzi Nav, Nosirjon Mamurzoda, its correspondent, turned to the head of the State Unitary Enterprise DushanbeVodokanal, Safarov, for collection of materials about the rise of an epidemic of typhoid fever in Dushanbe. But an assistant director explained the journalist that in order to receive any kind of information, it is necessary first to get a permission from the Dushanbe City Administration. When Nosirjon Mamurzoda approached the first deputy of Dushanbe’ Mayor, Pulod Muhiddinov, he said that DushanbeVodokanal is an independent enterprise and they decide themselves whether to give information or not. But when the correspondent let know DushanbeVodokanal about Muhiddinov’s comments, then this time they requested for a written permission by Pulod Muhiddinov and again forbore from making comments. As a result, the journalist did not receive the necessary information to prepare the article.

November, 16

Nosirjon Mamurzoda, Newspaper “Ruzi Nav” (Dushanbe City)

On 16 November, Nosirjon Mamurzoda, a correspondent for the Ruzi Nav newspaper, turned to Davron Purov, Head of the Sanitary-epidemiology department of Tajik Ministry of Public Health, to comment on a statement by their minister, Nusratullo Faizulloev, who told that there are no signs of the increase of typhoid fever cases and all these “sensations” come out of journalists’ fantasy. Davron Pirov said, “Everything said by the Health Minister is the position of his ministry and we do not want to comment on this question any more. If you need the facts, look at Internet web sites. You - journalists- are guilty for the spread of typhoid fever, since you did not cover it in time. After Minister’s speech we do not have right to give information”. The correspondent also tried to find an answer for his questions at the Sanitary-epidemiology Station of Dushanbe but he was told there that without representative of the Health Ministry D. Pirov they couldn’t give him such information.

November, 17

Pari Gulomaidarova, Badakshan Radio (Badakhshoni Kuhi Autonomous Region)

On 17 November, Pari Gulomaidarova, a correspondent for Badakshan Radio, turned to Badakhshoni Kuhi Sanitary-epidemiology Station and Infection Department of the Regional Hospital to get information about the cases of anthrax, typhoid fever and hepatitis A.

Senior Doctor of the Regional Sanitary-epidemiology Station, Mumishoev, refused to give interview and did not give the journalist the necessary information. He said that Badakhshan Radio and TV are “cycling” around this theme too much and spread panic among the population.

Pari Gulomaidarova could not even get the information from the Infection Department of the Regional Hospital. Although they said that the doctors had already given such information to journalists, but from a private conversation with some of the doctors Pari Gulomaidarova found out that Badakhshoni Kuhi Regional Administration advised the regional hospital not to spread information of this kind.

COMMENTARY

Freedom of speech, the press and the right to use the 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 the above provided information, the journalists were interested in health issues of the population which, in accordance with Article 6 of the Law of the Republic of Tajikistan “On the State Secret” does not have anything to do with the matters of national security.

In addition to this, Article 31 of the Law “On Press and other mass media” gives a journalist the right to seek, receive and impart 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. According to Article 27 of the mentioned, refusal to provide the enquired information may be appealed against by a representative of a media outlet with the superior body or official and then in court.

5. Violation of economic rights of mass media

November, 27

Weekly Newspaper “Ruzi Nav” (New Day) (Dushanbe)

The presidential publishing complex Sharki Ozod refused to print latest edition 17 of the weekly Ruzi Nav on November 27. Approximately at eleven o’clock, R.Mirzo, editor-in-chief of the newspaper, went down to the printing house in order to print the issue but printing house officers told him that their director ordered not to print it. After this, R.Mirzo decided to find out the reasons of such Dodokhonov’ prohibition. But at that time, Dodokhonov was not in place.

Then the editor turned to his deputy, U.Sherkhonov. He replied that he knew nothing about any prohibitions. One of the workers then told him that Tax Inspection Officers have to come to the Ruzi Nav’s editorial office any minute and that after their check-up they would permit the printing. After a few minutes the officers of the Tax Inspection came to the editorial office and started to review financial activity of Ruzi Nav. According to R. Mirzo, after examination Tax Inspection officers said that they did not find any violation in the financial activity of the newspaper. The newspaper’s editor refused to comment upon this case and only said that before they did not have any problems with publication of the newspaper in this publishing house.

COMMENTARY

According to articles 328 and 355 of the Civil Code of the Republic of Tajikistan, mass media or its owner as the other persons before the law have the right to initiate a legal action in case of trespass or non-execution of contract provisions and request the payment of all damages, expenditures and lost profit. Mass media also have the right to demand a strict execution of contractual provisions and indemnification of all damages caused through court.

6. Breach of the order of spreading information

November

All Mass Media

Students of all 15 departments of Khujand State University in Sogd Region, who failed to participate in cotton harvesting, were forced to subscribe to state-run newspapers. According to spokespersons from philology and oriental studies faculties, they received a letter from the Rector’s office on “voluntary”, but compulsory subscription to official newspapers for the students. Now the students have to subscribe to newspapers such as Sadoi Mardum (people’s voice), Parliament’s newspaper, Hakikati Leninobod (Leninabad’s truth), Minbari Khalk (people’s tribune), Nilufar and others. According to the University management, subscription campaign as a compulsory measure is conducted every year as per instructions of the Regional Administration.

COMMENTARY

According to article 22 of the Law of the Republic of Tajikistan “On the press and other mass media”, distribution of media products should be carried out by a publisher through either contractual or other legal agreements with enterprises, organizations and citizens.

In accordance with the generally recognized principles and international standards, compulsory subscription to periodicals does not correspond to the law and is contrary to the Constitution on guaranteeing the basic rights and freedoms of the a citizen.

III. VIOLATIONS, INCRIMINATED TO MASS MEDIA  (up)

1.Charges of interfering in private life of citizens, national intolerance

November, 13

Newspaper “Ruzi Nav” (Dushanbe)

The weekly Ruzi Nav (#15 of November 13, 2003) published an article by the resident of Kurgan-tube, Jamoliddin Saifiddinov, entitled “The Sunset of an Invisible Star”, accusing Ruzi Nav’s correspondents of publishing materials that humiliate honor and dignity of some famous persons of Tajikistan. According to J. Saifiddinov, in accordance with the Law of the Republic of Tajikistan “On the press and other mass media”, Ruzi Nav did not have the right to publish an article about a divorce of a famous Tajik poet, Bozor Sobir, with his wife. Besides, the newspaper also should not have published a critical article about the television KurgonTeppa, said Saifiddinov.

According to Saifiddinov, the newspaper also does not have the right to write such materials, containing disrespect for foreign nationality. Like the one published in the web-site Fergana.ru “Lu and Li in Russia” (#4 August 28, 2003), “Luli” (Gypsies) are described as annoying, half-savage and hungry south guests from Tajikistan. According to Saifiddinov, the editors of Fergana.ru should not have published this article since it hurt honor and dignity of the representatives of this nationality, residing in Tajikistan.

COMMENTARY

November, 07

Muhiddin Idizoda, Newspaper “Nerui Sukhan” (Dushanbe)

On 7 November, Muhiddin Idizoda, a special correspondent for the weekly Nerui Sukhan, was called to the reception of Tajik Ministry of National Security. The senior commissioner with the Secret Service of the ministry, Barzu Akbarov, questioned the journalist about the material published in the weekly called “Don’t think I’m crazy, I went crazy with the shame” (August 21, 2003), where the author tells about the life of a woman, Dilbaroi Ibodova, living in Dubai. During investigation, it became known that after publication of this article, security officers checked Dilbaroi Ibodova and she began to refute all facts provided in the article. She wrote a statement, which told that the journalist prosecuted her and only forcedly received all imaginary facts. In his turn, Muhiddin Idizoda gave the Secret Service dictaphone records of Dilbaroi Ibodova and her diary. The journalist also wrote an explanatory note, which told that all provided facts in the article were true and real and he was ready to answer for this before court.

COMMENTARY

November, 06

Newspaper “Asia Plus” (Dushanbe City)

The Asia-Plus newspaper in its issue #45 of November 6 published a statement by Tajik Defense Ministry’s press-service where it tells that comments that were published in the article “What do Tajik People think about Corruption in Tajikistan” in the previous edition on behalf of Tajik Defense Minister, Sherali Khairulloev, did not belong to him. Tajik Defense Minister denied the fact of his conversation with the correspondent on this issue. In connection with this, the press-service of Tajik Defense Ministry demanded from Asia Plus to publish a refutation and present their apologies.

When publishing refutation article, the Asia-Plus’ editors commented this case in the following way, “On 23 October, approximately at 2 a.m., a correspondent for Asia-Plus dialed one of the phone numbers of Defense Ministry, chosen the telephone directory. A person picked up the phone and introduced himself as Sherali Khatulloevich. He asked the correspondent about why the journalist was asking the question of the corruption. The text of their conversation was quoted in the newspaper accurately. Unfortunately, we do not have any tape records and the correspondent also cannot confidently confirm that he talked to the Minister”, said Asia Plus.

November, 20

Newspaper “Ruzi Nav” (Dushanbe)

The Ruzi Nav weekly (#16 November 20, 2003) published an article of the first deputy of Tajik General Prosecutor’s Office, A.Kh.Imomov, entitled “I did not give interview for “Ruzi Nav” Newspaper”. Imomov categorically denied having conversation with a correspondent of this newspaper and insisted the newspaper’ editorial office to publish a refutation.

In its turn, Ruzi Nav having published the refutation, also published their answer to Imomov, which tells that on November 5, the correspondent of the newspaper called the reception of the Deputy Prosecutor and asked the secretary to connect him with Imomov. The secretary told him the direct number of the phone and after that, the correspondent dialed the number. The man who picked up the phone introduced himself as Imomov. That’s why, in this case, the editorial office of Ruzi Nav do not think they are guilty and requested the General Prosecutor’s Office to deal with its officers instead, who neglected their duties. Ruzi Nav also stated they are able to prove the fact of the conversation through archives of telephone stations.

November, 13

Ivo Toniut (Dushanbe)

According to the Nerui Sukhan newspaper (#15 November 13, 2003), on November 11, during a press-conference conducted in Dushanbe, the chairman of Italian Humanitarian Organization Dushanbe Logistics noted that the Transport Prosecutor’s Office of Tajikistan and Asia Plus newspaper should officially apologize for causing moral damage. According to Ivo Toniut, the Transport Prosecutor’s Office of Tajikistan must apologize before him for the detention, which lasted five months, and the newspaper Asia Plus should apologize before him for untrue information about him.

However, the Asia Plus’ editor-in-chief, Marat Mamdshoev, told that the whole publication of the information about Ivo Toniut came out of official sources. The first information said that Transport Prosecutor’s Office had brought criminal proceedings against Ivo Toniut and the second article carried a headline of “Ivo Toniut is fined”.

Ivo Toniut was detained by the Tajik Transport Prosecutor’s Office in 2003 and was accused of cheating, conveying smuggling cargo to Afghanistan and also was accused of tax evasion. The Zhelezodorozhni District Court of Dushanbe only had censured for tax evasions, but Tajik Prosecutor’s Office appealed against the court decision in the form cassation, which is currently being investigated.

Commentary

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