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December 2003
II. violation of rights of journalists and mass media III. violations incriminated to mass media
This month, the monitoring registered 36 messages. 12 of which define actual state of mass media in the light of socio-legal and political climate of the month, seventeen provide information on direct violations of the rights of mass media and journalists, and seven violations, incriminated to mass 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
December, 04
Dushanbe Mass Media
At a press conference held on November 29, Chairman of Majlisi Milli (upper
chamber of parliament), and Mayor of Dushanbe City Mahmadsaid Ubaidulloev
once again complained about some publications, which according to him,
were written unprofessionally with the use of unconfirmed data. M.
Ubaidulloev noted that he had instructed heads of city institutions and
enterprises to immediately respond to publications of this kind.
December, 18
All Mass Media (Dushanbe)
At a session of the Political Discussion Club held on December 18,
Chairman of Majlisi Milli and Mayor of Dushanbe City Mahmadsaid
Ubaidulloev stated, “With respect to mass media, we come out of that fact
that those who criticize, wish authorities more good, than those who keep
silence. Especially when criticism is based on actual facts and expressed
in polite and friendly manner. Even most civilized societies have their
own mistakes and shortcomings and they should be criticized in order to
uncover these and start struggling against them.”
2. Actions of officials, defining the actual state of mass media
December, 04
All Mass Media (Dushanbe)
On November 28-30, the informational-analytical department of the Tajik
President’s Executive Office organized a seminar in Dushanbe dedicated to
“Enhancement of legal awareness of Tajik journalists.” Deputy the Lower
Chamber of Parliament Usmon Nazir noted during his speech at the seminar
that today at Parliament they discuss the 2004 draft budget. “Deputies are
aware of the financial problems mass media face and of the petitions made
by media managers with proposals to reduce taxes for their publications.
The deputies will proceed from the real possibilities of the State in
order to solve this problem,” he said.
December, 13
All mass media (Dushanbe)
At a 30 November seminar on “Enhancement of legal awareness of Tajik
journalists,” the participants- representatives of district and regional
newspapers noted that they are still facing obligatory subscription for
state-owned periodicals as before. Head of the informational-analytical
department of Tajik President’s Executive Office Abdurahmon Abdumanonov
noted in his reply that there should not be obligatory subscription since
this violates rights of other publications. According to A. Abdumanonov,
some officials occasionally “come to an absurd by following their
eagerness”. For an example he told about one case when Sogd Region
officials tried to make one of the international organizations to
subscribe for state-owned publications in an obligatory way. As a result,
this organization had to appeal to OCSE for support.
Senior specialist of the Information-analytical department of Tajik
President’s office Mahmud Sarayev, while discussing the problem of access
to information, confessed that still a practice exists when officials
either refuse to answer the questions of journalists or delay the reply on
a maximum long term.
December, 04
Weekly newspaper “Nerui Sukhan” (Dushanbe)
On December 4, the weekly “Nerui Sukhan” noted that at the seminar
“Enhancement of legal awareness of Tajik journalists”, Deputy Usmon Nazir
criticized the activity of journalists with the weekly “Nerui Sukhan”
Jovid Mukim and Mukhtor Bokizoda. According to the newspaper, criticism
was accompanied by unquotable words. The Deputy stated, “Who entitled
Jovid Mukim to write that “Sadoi Mardum” (Parliamentary newspaper) was far
from the people, and he does not have the right to constantly accuse
governmental newspapers in his articles and reproach them for
complimenting the government?” He accused Mukhtor Bokizoda of violating
professional ethics and of citing as an example a phrase from his article
“Parliament is shut up”. On finishing his speech, Usmon Nazir advised the
journalist to shut up by himself.
December, 18
Press service of the Ministry of Foreign Affairs of Tajikistan
Igor Sattarov, head of the Tajik Foreign Ministry press service, noted
that on 17 December the Foreign Ministry of RT had sent a Note to Russian
Embassy in Tajikistan, in which there had been declared that during a long
time, a number of mass media of Russian Federation had been conducting a
campaign against Tajikistan. Representatives of Tajik Foreign Ministry
gave special attention to articles printed in Novaya Gazeta by its
correspondent Marat Khairullin named “At the bottom of Asian cauldron.
Tajikistan Trip” (of 11 December, 2003). It was stated in the Note,
“Character and the tone of articles do not raise doubt that someone is
ordering these publications, abounding with author’s slanderous figments,
the lack of elementary knowledge about Tajikistan, of its people and real
state of affairs for the present time”. According to Igor Sattarov, such
policy of Russian mass media could significantly harm the process of the
further development and deepening of cooperation between the two countries.
December, 24
Nargis Zakirova, Parvina Hamidova, Weekly newspapers
“Vecherny Dushanbe” and “Asia Plus”
On 12 December, the weekly “Vecherny Dushanbe” published an article of
Nargis Zakirova “How to find a minister, or let’s be friendly with our law!”
in which she raised the problem of journalists’ access to governmental
information. As examples of this, the article referred to the results of
the monitoring of journalists and mass media rights violations conducted
by NANSMIT. Nargis Zakirova pointed to a fact when Tajik Vice-Premier
Asadullo Gulomov refused to provide information to a correspondent for the
“Asia Plus” newspaper, Parvina Hamidova.
On 24 December, Vice Premier Asadullo Gulomov invited all the parties
involved - Nargis Zakirova, correspondent of Asia Plus Parvina Hamidova
and Chairman of NANSMIT Nuriddin Karshiboev. Gulomov completely denied the
fact of being interviewed with the correspondent of Asia Plus on this
subject. In her turn, Parvina Hamidova asserted that she did talked with
the vice-premier on the phone.
The vice-premier also reproached Nargis Zakirova for partiality and
advised her to thoroughly examine such information in the future. In the
conclusion, Asadullo Gulomov noted that he was not offended with any
journalist, and expressed readiness for further cooperation with the press.
December, 26
Weekly newspaper “Nerui Sukhan” (Dushanbe)
Deputy Chairman of Vahdat District Administration Sh.Gadoev sent a letter
to Tajikistan’s Ministry of Culture in which he requested to take
necessary measures against the “Nerui Sukhan” newspaper, right up to its
suspension (the newspaper was registered at the Ministry of Culture of the
Republic of Tajikistan). Otherwise he would have to appeal to higher
authorities. Reason of such angry reaction was a critical article by a
resident of this district, Mustafa Rasulov, titled “Gulov and company, or
shadow of God’s shadow” (dated 4 December 2003) in which he provided some
negative facts confirmed by law enforcement organs.
3. Assessments of the actual situation with mass media and freedom of
speech
December, 09
Weekly newspaper “Ruzi Nav” (Dushanbe)
On December 9, representatives of Social Democratic, Democratic, Communist
and Socialist Parties of Tajikistan came out with the statement, in which
they expressed their concern over the situation connected with the
suspension of Ruzi Nav’s publications. Tajik political parties considered
the suspension as a pressure upon freedom of speech and the process of
democratization in the country.
They also stated that only independent mass media provided the opportunity
for political parties to express their opinion on socio-political and
economic life of the country, that is why the petitioners requested
officials to immediately resolve the problem with the publication of “Ruzi
Nav”.
4. Journalists’ actions to protect their civil and professional rights
December, 19
All Mass Media (Dushanbe)
On December 19, the Tajik branches of the British Institute on War and
Peace Reporting and the Open Society Institute held a round-table in
Dushanbe on a subject “Mass media and government: problems, mutual
relations and perspectives”.
Metropolitan and regional journalists, members of Tajik President’s
Executive Office, representatives of international and journalism
organizations took part in the round-table. Participants discussed the
problems of mutual relations of the independent media and governmental
agencies, and also discussed the facts of violations of the rights of
journalists and mass media in Tajikistan. In conclusion, it was decided to
produce a written statement to authorities, in which the participants of
the round-table requested the government to fulfill their recommendations
on improving the situation in the field of mass media.
December, 09
Khujand mass media
On December 9, a training seminar on "Professional Status of Journalist”
took place in Khujand. It was organized by NANSMIT with the financial
support of the OSCE center in Dushanbe. As the seminar organizers
mentioned, the results of the survey conducted by NANSMIT among mass media
representatives showed that out of 300 journalists surveyed, 30 percent
are not familiarized with the Labor Code of RT. 11 percent consider that
the decision of an employer on dismissal is final and irrevocable.
During the discussion, it was found out that most of the participants of
the seminar still do not have labor contracts with their employers.
NANSMIT Chairman Nuriddin Karshiboev, during his speech, focused mostly on
trade unions. “Trade unions could help journalists to defend their rights
in the case of an illegal dismissal, violations of the Labor Code of RT
and their labor contracts. If journalists are not able to assert their own
rights, then who may guarantee that they may be able protect the rights of
common citizens?” he said. The participants agreed that it is necessary to
establish a trade union of journalists.
December, 17
Mass media of Kurgan Tube
On December 17, a training seminar on “Professional Status of Journalist
had been held in Kurgan Tube by NANSMIT with the financial support of the
OSCE center in Dushanbe. According to the seminar organizers, this seminar
concludes a series of legal education of journalists of Tajikistan. By the
end of project they plan to publish a reference book on journalist labor
rights.
December, 20
Mass Media of Sogd Region (Khujand)
On December 19, a press-club session took place in the Khujand office of
the Open Society Institute with participation of journalists,
representatives of Sogd Regional Administration and representatives of the
OCSE in Khujand where they discussed the adoption of ethic code for Sogd
journalists. According to officials, it is necessary to adopt such a code
because for the last years some mass media organizations started to make
discourteous expressions in their articles towards representatives of the
government. Journalists agreed with this proposal. A special group was
established which would be working on the project of code on ethics for
Sogd journalists.
II. VIOLATION OF RIGHTS OF MASS MEDIA AND JOURNALISTS (up)
1. Threats to journalists
December, 19 Mavluda Sultonzade, Weekly newspaper “Ruzi Nav” (Dushanbe) On 12 December at about 15 p.m., correspondent of the weekly “Ruzi Nav” Mavluda Sultonzade received a phone call at her house. An unknown person promised to punish the journalist in the near future since she was “taking too much upon herself”. According to Mavluda Sultonzade, such phone calls with threats started coming a long time ago. She connects them with her professional activity. December, 26 Freelance reporter Mohsharif Kurbonzoda (Kurgan Tube) On December 12, the head of the Kurgan Tube Police Department came to the house of freelance reporter Mohsharif Kurbonzoda and took her to the police department for a conversation. They first questioned her for a while, for what aim she was gathering information on a 10 December picket held in front of the Regional Administration’s building, and then the head of the interior department of Khatlon Region, Sherali Sabzov, said: “You are just a woman and playing with fire. Look, I will destroy you in one moment. Think about your children and relatives…” After such a “prophylactic” conversation, the journalist refrained herself from reporting on the picket. December, 11 Weekly newspaper “Nerui Sukhan” (Vahdat District) On December 11, editor-in-chief of Nerui Sukhan M.Bokizoda was informed that on 5 December two civilians have bought 54 copies of the weekly from one of its distributors in Vahdat District and burned them. They also warned the distributor that he would loose his house, if he sold this newspaper in the district in the future. According to M. Bokizoda, issue ¹44 of 4 December 2003 contained a critical article about Gulov, chairman of Vahdat District, what apparently became the reason of such an incident.
COMMANTARY The constraint of journalist to spread or refuse to spread information, connected with the threat of violence, destruction or damage of property, and the violation of journalistic rights by means of a threat, constitute formal elements of a crime under Article 36 of the Law of the Republic of Tajikistan “On the Press and other Mass Media”. The threat of murder or heavily harm to the health, if there is a reason to believe this threat will be realized, constitutes a corpus delicti, provided for by Article 120 of the Criminal Code of the Republic of Tajikistan. Unfortunately, the number of journalist threats cases is not decreasing and such violations drop out of sight of the law machinery. We strongly recommend journalists to apply to police on every fact of threats against them or their relatives in order to confirm the facts and institute proceedings in case of their validity. If law machinery officers violate the rights of journalists, then they should appeal to the prosecutor’s office. In the last provided case, although the threat does not constitute corpus delicti, it is however real and essential, and the actions of those persons hinder in normal distribution of the newspaper.
2. Violations of constitutional guarantees of freedom of expression
December, 13 Weekly newspaper “Ruzi Nav” (Dushanbe) Proper correspondent for Ruzi Nav in Khujand Muzaffarkhuja Akramkhujaev in his article “Sirdarya only seems quiet” writes that freedom of speech does not exist in Sogd Region at all. According to him, Sogd journalists avoid writing critical articles and just shut their eyes on many existing problems. Author in particular states in his article: “Such publications as “Hakikati Leninobod”, “Tirozi Jahon”, “Nilufar”, and “Tojikoni Dunyo” can not publish criticisms, they only praise the local and central government”. Muzaffarkhuja Akramkhujaev considers that the reason of such behavior is that Sogd journalists are not protected and they are not sure of their safety.
COMMENTARY Article 30 of the Constitution of RT guarantees freedom of speech and the press, the right to use mass media to every citizen. This notion is reflected in other legislative acts, particularly in the Law “On the Press and other Mass Media” (Article 2), the Law of RT “On information”, etc. These legislative acts guarantee the safety of journalists and provide for responsibility in cases of persecution for criticism. What left is just to wish Sogd journalists to be more courageous to use the opportunities given by law.
3. Obstruction of lawful professional activity of journalist
December, 15 Safarali Ergashev, Television studio “Kulob” On December 15, Kulob Mayor Bobojon Murodov roughly interrupted Safarali Ergashev, director of TV studio “Kulob”, at the internal operative session of the local administration with the participation city active functionaries. According to the session participants, deprivation of the right to speak up was connected with a last session on 8 December when he sharply criticized the management of city life support systems – the water supply department, energy companies and the public company “Kulobgas”. Although these organizations were properly instructed after that speech, yet no steps have been taken during the last week. December, 26 Foundation for Honoring the Memory of Journalists and Protection of Journalist Rights (Kurgan Tube City) On December 22, the chairman of the Foundation for Honoring the Memory of Journalists and Protection of Journalist Rights, Mukhtor Bokizoda, visited Kurgan Tube to find out the reasons why law-enforcement bodies hindered journalists from covering a picket held on December 10. He met with journalists Mohsharif Kurbonova and Davlat Shoetibirov, and then met with the head of Police Department of Kurgan Tube, K.Sharifov. Sharifov confirmed that on 10 December there was a picket in the city what was not worth any attention, especially covering it in the press. “That is why officers just asked journalists not to write about it,” he said. When Bokizoda offered: “Then we will cover this event in mass media”, the head of police department said that it could be done only after he would get a permission from Sherali Sabzov, head of Khatlon Regional Interior Department. December, 26 Davlat Shoetibirov, Radio “Khuroson” (Kurgan Tube) Due to regular cut-offs of electricity and gas in apartment buildings, an unofficial picket was held near the building of Regional Administration and then near the house of Amirsho Miraliev, governor of Khatlon Region, on December 10. City residents requested authorities to immediately solve these problems. Correspondent of Radio “Khuroson” Davlat Shoetibirov was at the scene of incident and intended to make a report. However, Kurgan Tube policemen forcedly took him aside and demanded that he get away.
COMMENTARY The Law of the Republic of Tajikistan (Article 30 of the Constitution and Article 2, 36 Law “On the Press and other Mass Media”, Article 3 of the Law of the Republic of Tajikistan “On TV and Radio Broadcasting) guarantees and protects freedom of speech and the press, the right to use media. According to Article 31 of the press law, journalist has the right to find, receive and distribute information, make any records including using audiovisual devices, camcorders and cameras, except for cases stated by Law. Any form of the obstruction of legal and professional activity of journalist and, in a likely manner, constraint to spread or refuse to spread information, connected 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 a corpus of crime, set by Article 162 of the Criminal Code. These very illegal acts, connected with violence, destruction or damage of property constitute a corpus delicti set by Part 2 of the same article. According to the judicial procedures of the law, journalists can appeal to the prosecutor’s office to protect their rights.
4. Unjustified refusals to provide information of public concern
December, 04 Weekly newspaper “Nerui Sukhan” (Dushanbe) An article of freelance reporter Sayofi Mizrob “A bomb for Kulob” reported on how the Tajik Health Ministry still conceals the facts on the quantity of the deceased and dead of tuberculosis in Uchkun village of Vose District, Khatlon Region. As author witnesses, from the beginning of 2000 and until now, all his attempts to receive information from the health ministry were unsuccessful, what forced him to conduct his personal investigation and receive these facts from unofficial sources. December, 16 Turko Dikaev, Weekly newspaper “Asia Plus” (Kulob) On December 16, the head of the Criminal Investigation Department of Kulob, Captain of Militia Firdavs Shomadov refused to give information to proper correspondent of Asia Plus Turko Dikaev on the number of missing children and on taking reasonable steps for their search. Shomadov motivated his refusal by the secrecy of that data, and was unwilling to talk to the journalist without the permission of his authorities. Although the journalist referred to an article of the Criminal Code on obstruction of professional activity of journalist and to overall character of requested information, it did not make any difference. December, 09 Radio “Freedom” (Dushanbe) On December 4, correspondent for Radio “Freedom” Kholiki Sangin attempted to learn from the head of the Dushanbe Environment Protection Committee specifics of a recent large consignment of parrots transported from Tajikistan to Moscow. However, there he was told to get the permission of Minister of Environment Protection. At the ministry the journalist was told that his inquiries did not apply to them. However the journalist insists that he was at the right place, but the officers of the ministry just wanted to conceal that fact. December, 11 Shooting team of “Internews-Network” On December 11, cameramen with Internews-Network in Khujand were recording material about explosions of mines on the border of Isfara District. Journalists addressed to the Isfara prosecutor, Pulot Okhunov, in order to get more specific information on the amount of victims and criminal proceedings brought after these explosions. But the prosecutor flatly refused to comment at this. The shooting team reminded the prosecutor about articles of the Law “On TV and Radio Broadcasting” but it did not produce any effect. Then the journalists threatened him with a strike right in his office and that they would not leave it until they get necessary information. The threat had some results – in a few minutes, Pulot Okhunov called all officers and instructed them to provide the data required. December, 10 Bakhtier Valiev (Khujand) On December 15, a part-time correspondent of the “Asia Plus” news agency, Bakhtiyor Valiev, addressed to Sogd Regional AIDS Center Director Habibullo Oripov for information about the quantity of the newly infected by HIV/AIDS in Sogd Region. Habibullo Oripov said that they could give information only by the beginning of December, after blood tests were confirmed. On December 5, the journalist applied for information again. This time he was told that they could give information on December 15 after carrying out an investigation on the infected persons. On December 15, the correspondent phoned the Center to hear that the director was on vacation somewhere outside the region. December, 15 Fazilat Fathulloev, Radio Badakhshan (Badakhshoni Kuhi Region) On December 11, reporter Fazilat Fathulloev with Radio Badakhshan addressed to the Khorog City Prosecutor’s Office for information. The journalist was particularly interested in crime rate among teenagers. Referring to a lack of time, the Prosecutor of Khorog City asked Fazilat Fathulloev to get in touch with him later. During three days the prosecutor was postponing the meeting on unknown reasons. On December 14, he advised the correspondent to contact his assistant. But the assistant also refused to be interviewed, saying that it was out of his competence. At the end, the journalist failed to get the information in question.
COMMENTARY Freedom of Speech and the press, the right to use mass 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 given reports, the journalists were interested in health issues of the population and other questions, which in accordance with Article 6 of the Law of the Republic of Tajikistan “On State Secret” have nothing to do with state secret. In addition to this, Article 31 of the Law “On the Press and other Mass Media” gives 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. According to Article 27 of the same law, refusal in giving the asked information may be appealed against by a media representative with the superior body or official and then in the court.
5. Unjustified restrictions of journalist rights in legal actions
December, 18 Zainiddin Orifi, Information Agency “Varorud” (Konibodom) On December 18, at the city’s courtroom a judge forbade the correspondent of the Information Agency “Varorud”, Zainiddin Orifi, to use his dictaphone during the legal process of a case brought by representatives of the People’s Democratic Party “Konibodom” against the election committee of the city administration. The dictaphone was taken away and returned to the journalist after the court’s session.
COMMENTARY Article 10 of Civil Procedural Code established openness of legal proceedings in all courts, except for cases that involve the necessity to keep state secret. It means that any citizen has the right to freely assist and make corresponding notes at any open sitting of the court. According to Article 31 of the Law of RT “On the press and other mass media” journalist has the right to make any records with the use of technical devices, including dictaphone. Limitation of publicity can be justified in cases of preventing disclosure of information on marital privacy and secrecy of a child adoption. In these cases a court makes a motivated decision in a closed session. However, it is doubtful that the case provided above contained similar information.
6. Illegal Arrest of Newspaper’s Print-run
December, 30 Weekly newspaper “Nerui Sukhan” (Dushanbe) As was reported by Mukhtor Bokizoda, editor-in-chief of the weekly Nerui Sukhan, on 30 December, the director of Newspaper and Magazine Complex (NMC) attached to presidential administration, Manzur Dodokhonov, going beyond his commission, arrested a regularly scheduled print run of the newspaper. Dodokhonov spotted that the print run bore no address of NMC, what is in conflict with the existing media legislation, and informed the Tax Police. Yet the arrived tax policemen said they had nothing to do with the incident. The arrested print run was impressed at a private printing house and stored at the editorial office, situated in the NMC building. The editors were forced to do so because state-owned printing plants had refused to print Nerui Sukhan. The editors’ office intends to apply to court against the wrongful acts by the director of the Newspaper and Magazine Complex attached to presidential administration.
COMMENTARY The actions of the director of the publishing house are illegal, since Article 22 of Law “On the press and other mass media” states that hindering in legal distribution of mass media information as well as confiscation of circulations or their parts are prohibited by law. As regards the requirements on indication of the address of a publishing house in the newspaper, then the director of Newspaper and Magazine Complex is not authorized to make such demands. According to Article 14 of the Law, only prosecutor and Ministry of Culture are authorized to officially warn mass media on violation of the law. Mass Media has the right to appeal to court on violation of its right.
7. Breach of distribution order of mass media
December, 09 Social workers (Rasht District) Social workers – teachers and doctors of Rasht District – are forced to subscribe for state newspapers “Sadoi Mardum”, “Jumhuriyat”, “Javononi Tojikiston” and others. Three teachers protested near the District’s Education Department declaring that in case the obligatory subscription campaign be continued, they would have to leave the service since their low salary does not allow them to subscribe.
COMMENTARY According to Article 22 of the Law of RT “On the press and other mass media”, the distribution of mass media information are carried out directly by a publisher on contractual or on other legal basis of communications with other organizations and also citizens. Obligatory subscription to a publication is not based on law and is contrary to constitutional procedures on acknowledgement and guaranteeing basic rights and freedom of a person in compliance with generally recognized principles and international law procedures.
8. Infringement of economic rights of mass media
December, 09 Weekly newspaper “Ruzi Nav” (Dushanbe) After a week on a strike, the editorial board of Ruzi Nav decided to publish their next issue. For this purpose, on 8 December, instructed by editor-in-chief Rajabi Mirzo, correspondent Barot Yusuphi addressed to the Director of “Sharki Ozod” publishing complex M. Dodokhonov for the permission. However, the director flatly refused to give it and said that the agreement concluded between the publishing house and the newspaper is at the tax inspection at the moment. The next day, Editor Rajabi Mirzo himself approached Dodokhonov and asked to return the agreement. However the director of the publishing complex refused to satisfy his request and noted that in the future their newspaper will not be published in this complex any more. December, 26 Weekly newspaper “Nerui Sukhan” (Dushanbe) Since Karimjon Kodir publishing house could not publish a regular issue of the weekly “Nerui Sukhan” due to technical problems, managers of the paper addressed to other printers in Dushanbe, such publishing houses as “Poligraphkombinat”, “Pervaya Tipografia” and “Sanadvoru”. The letter refused to publish the issue.
COMMENTARY According to Articles 328 and 355 of the Civil Code of the Republic of Tajikistan, mass media, like any other subjects of economical activities, have the right to claim the execution of commitments, originating from damages caused or non-execution of the terms and conditions of an agreement, and demand for the recovery of all losses, expenses and loss of profit. Mass media also have the right to demand the strict execution of the agreement and payment of all damages through the court.
III. VIOLATIONS, INCRIMINATED TO MASS MEDIA (up)
1. Demands of the protection of honor, dignity and business reputation sequent of the facts of certain publications
December, 13 Weekly newspaper “Ruzi Nav” (Dushanbe) The seventeenth issue of “Ruzi Nav” published a Sogd Region Hukumat’s (Administration) letter concerning Ruzi Nav’s article “Kosim Kosimov reveals secrets of “Obi Zulol” (a soft drinks company). The letter, signed by Deputy Head Mavlonova states that the author offended a deputy of Majlisi Milli (lower chamber of Tajik Parliament), and chairman of Sogd Region Kosim Kosimov, humiliating his honor and dignity. Based on Article 174 of the Civil Code and Article 24 of the Law of RT “On the press and other mass media”, the Hukumat of Sogd Region requested “Ruzi Nav” newspaper to refute the information during one month and apologize to Kosim Kosimov. Otherwise, in accordance to Articles 4, 16, and 133 of the Civil Procedural Code of RT, Hukumat will have to appeal to court. No refutation was published yet, because, as the editorial office explained it, they are carrying out their own investigation into the case.
COMMENTARY According to Article 174 of the Civil Code of RT, citizen has the right to appeal to court regarding refutation of information, humiliating his honor, dignity and business reputation. Therefore, these rights are inalienable, imprescriptible and belong only to an individual, and only an individual and his attorneys have the right to demand their protection. That is why the request of Hukumat to publish the refutation is not based on Law. If the article contains inauthentic facts about Kosim Kosimov, then he should protect his own honor and dignity, but not Mavlonova and the regional administration.
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