January 2004

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

This month, the Monitoring of the violations of the rights of journalists and mass media in Tajikistan had registered 33 reports, nine of which define actual state of mass media in the light of socio-legal and political climate of the month, twenty two provide information on direct violations of the rights of mass media outlets and journalists, and two - on violations, incriminated to mass media.

I. PECULIARITIES OF POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL CLIMATE IN THE COUNTRY, DETERMINING THE ACTUAL SITUATION OF MASS MEDIA  (up)

1. Public speeches, statements and reports of higher officials, defining the actual state of mass media

January, 22

K. Kasymov (Khujand)

At a meeting of the most active members of the Regional Administration on the results of socio-economic development of Sogd Region, which was held in Khujand on January 21, a member of Majlisi Milli Majlisi Oli of RT (Upper Chamber of Parliament) and the Chairman of Sogd Region, Kosim Kosimov, said during his closing speech that the Regional Administration knows well about the role of press in the informational space, and considers it as an important factor in social life. He stated in particular, “We support our cooperation with mass media, and this position made us support the statement of a large group of editors-in chief of regional and republican publications including non-governmental ones, to authorities on reduction of tax. I’m completely sure that this problem will be positively solved by legislative bodies”.

Kosim Kosimov has also noted that in their turn journalists must contribute to constructive process now underway in the country. “The experience of world journalism shows that the solemn responsibility of the press is to deliver information and realistic reflection of society’s life. At the same time we quite understand that press cannot be out of politics. It is not quite ethical to exceed the bounds of human morality for the sake of silver coins, to imagine themselves as prosecutors and judges; it is not right to show facts and cases in their distorting mirror”. The Chairman of the Region also advised several “hired” journalists “not to sell themselves at a low price, because pen is something holy, it should not be profaned due to greediness”.

2. Actions of officials, defining the actual state of mass media

January, 08

All mass media (Dushanbe)

Head of State, Emomali Rakhmonov, entrusted the Tajik Finance Ministry jointly with the Ministry of State Income and Taxes and Ministry of Economy and Trade to analyze the activity of the periodical press of the republic to exempt them from a series of taxes and submit respective proposals to the Government of the country until 1 April, 2004. Presidential spokesman Abdufattoh Sharipov informed about this on January 8.

These steps were provided for in a governmental decision of 29 December, 2003: “On fulfillment of the RT Law “On 2004 State budget”, and also in a decision of Majlisi Namoyandagon of Majlisi Oli of RT (lower chamber of Parliament) regarding adoption of the Law of RT “On 2004 state budget and its implementation”.

3. Journalists’ actions to protect their civil and political rights

January, 03

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

On 29 December, the General Prosecutor’s Office issued instructions regarding the independent newspaper “Ruzi Nav” proscribing the paper in future to publish materials humiliating an honor and dignity of the Tajik President and governmental. According to the Prosecutor’s office, last year the newspaper had published several articles, which could be considered as libelous of the head of state. In the admonition of the General Prosecutor’s office it was also said that in case of publishing such materials in the future, the activity of the newspaper would be banned. Editor-in-Chief of “Ruzi Nav” weekly Rajabi Mirzo thinks that all statements of the General Prosecutor’s office are groundless. Rajabi Mirzo says that all facts provided in those articles regarding the Tajik President were either referred to foreign mass media or opinion polls of the population of Tajikistan. That’s why the editorial office cannot bear responsibility for opinions of citizens or for materials that are published in foreign mass media. At the same time, Mr. Mirzo has stated that the actions of the General Prosecutor’s Office are a form of oppression on mass media.

January, 06

Newspapers “Ruzi Nav” and “Nerui Sukhan” (Dushanbe)

On January 6, the National Association of Independent Mass Media of Tajikistan (NANSMIT) distributed a statement among representatives of mass media and law enforcement bodies in which NANSMIT expressed its deep concern over the situation around the weeklies Ruzi Nav and Nerui Sukhan. The statement in particular stated: “Hindering the publication of “Ruzi Nav” weekly by “Sharki Ozod” State Publishing House, and also refusals of other publishing houses to publish the above-mentioned newspaper is considered as pressure upon freedom of speech and democratization of society”.

At the same time, NANSMIT called on journalists to strictly obey the provisions of law, to ensure objective approach in reporting on events and not to violate ethical norms in the process of materials’ preparation. “We strongly believe that freedom of speech and of the press is impossible without the observance of above criteria. In our opinion, it is time to set up a Press Council in Tajikistan, which would include respected journalists, editors-in-chief of print and electronic mass media, representatives of journalists’ organizations and media lawyers to ensure the pre-trial settlement of conflict situations involving mass media”, chairman of NANSMIT Nuriddin Karshiboev said.

January, 03

(Sogd Region)

In January, under the financial support of the US Department of State, the International Organization for Information Exchange launched a project “Correct covering of trafficking issues in mass media” in Sogd Region. The NGO “Nasl” is their partner in the north of Tajikistan. According to the director of NGO, Mahbuba Sultanova, the first stage of the project is under way now, consisting of a series of two-day seminars for journalists of electronic and print mass media, which will be carried out till August 2004. At these seminars, journalists will be taught the essentials of professional ethics, work with informational services, creation of programs on Radio and TV and peculiarities of broadcasting formats. Experts from the USA will be enlisted at that stage. At the second stage of the project, funds will be given to those journalists, who would suggest best ideas in covering a specific issue.

January, 21

All mass media (Dushanbe)

On January 21, the National Association of Independent Mass Media of Tajikistan (NANSMIT) distributed a letter among print and electronic mass media, addressed to the Tajik President Emomali Rakhmonov regarding perpetuation of the memory of journalists murdered in the years of Civil War in Tajikistan. In the statement, NANSMIT Chairman Nuriddin Karshiboev asks his colleagues to publish the letter in their newspapers. In the statement it is also said that due to the tragedy of the civil war in Tajikistan, a large quantity of our compatriots had perished. Among them, there were dozens of journalists who were the best representatives of Tajikistani intelligentsia. “We think that the memory of the victims of this fratricidal war must be perpetuated, since the development of Tajik journalism would be impossible without reconsidering our past”, said Mr. N Karshiboev in his address.

January, 22

Newspaper “Asia Plus” (Dushanbe)

As the “Asia Plus” weekly reported, a round table on “Freedom of Speech in Tajikistan: is there a danger?” was held on 20 January in Dushanbe. It was organized by the organization “Independent School of Journalism ‘Tajikistan- XXI’”. Heads of Tajik mass media, local and foreign journalists and representatives of authorities participated in the round table discussion. Its participants noted that for the last years Tajikistan has achieved a curtain progress in the development of freedom of speech. At the same time, the situation around Ruzi Nav and Nerui Sukhan is still an object of the deep concern among journalists. According to the deputy editor-in-chief of Ruzi Nav, Fakhriddin Kholbek, the problems with publishing the newspaper in the State Publishing House “Sharki Ozod” could be considered as pressure of authorities upon mass media. He also noted that the staff of the newspaper would sue the printing house.

The participants of the round table also noted that the continuation of a dialogue between authorities and independent mass media is in the interests of the whole Tajikistani society. The authorities should be more tolerant as regards critical materials concerning them. In their turn, mass media should raise their professional level, abiding by the norms of journalist ethics.

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

January, 25

TV and Radio Company “Asia” (Khujand)

On January 25, the Deputy Mayor of Khujand City, Mavzuna Karimova, phoned the independent TV and Radio Company “Asia”. She suggested the host of the program “Afkor”, Dilafruz Abdurahimova, not to broadcast any material without her approval in future, and also to send video recordings for her review before broadcasting. The program consists of a public opinion poll of officials and the population of the city. As a result of these surveys, the journalist indicates the most important social problems.

COMMENTARY

2. Infringement of constitutional guarantees of freedom of expression

January, 09

Muhiddin Idizoda (Dushanbe)

On 9 January, an unknown person made a phone call to a correspondent for the “Nerui Sukhan” weekly, Muhiddin Idizoda, and asked why he wrote complimentary material about Buri Karimov in the last issue of Nerui Sukhan (№1 of 8 January 2004), thus making him a national hero. The person who called also accused journalist of taking a large amount of money from Buri Karimov for that article.

COMMENTARY

3. Death of journalist

January, 22

Abduvali Amonboev (Dushanbe-Konibodom)

On the night of 19/20 January, unknown people killed a journalist, Abduvali Amonboev, cutting his throat while on a passenger train Dushanbe-Konibodom on the territory of Uzbekistan. According to unconfirmed data, A.Amonboev was taken to one of the hospitals of Jizzak in a very bad condition of health. For many years, A.Amonboev was a personal correspondent for Regional Radio in Konibodom and Isfara. Lately, he was engaged in a small business and at the same time wrote articles for the independent regional newspaper “Sogd”. According to a correspondent of the Informational Agency “Varorud” for Konibodom, Zainiddin Orifi, he was killed for his journalistic activity.

COMMENTARY

4. Threats to journalists

January, 09

Muhiddin Idizoda, (Dushanbe)

In the early morning of 9 January, an unknown person made a phone call to M.Idizoda, correspondent of the independent weekly “Nerui Sukhan”, and warned him if he would write any complimentary articles about oppositionists Buri Karimov, Bozor Sobir and Gulrukhsor Safieva (famous Tajik poets) again, he would face a “surprise”.

COMMENTARY

5. Hindering in legal professional activity of journalist

January, 08

Internews Network (Khujand)

On 6 January, near the building of the Sogd Regional Court, a shooting team of Internews Network interviewed Zamonov, the father of a defendant accused of murder. During the interview, Chairman of Court Homidjon Muhammadiev came up to the shooting team (journalist Muhayo Oripova and cameraman Jamshed Babajanov) and asked for what purpose they were shooting and if they had any permission for that. Zamonov was saying at his interview that he did not agree with the court decision and that the court passed an unfair sentence. By hearing this, the judge took off the camera and put it in the drawer of his office table. The operator tried to take it back, but the judge sent him out of his office and asked the journalist about how much she had been paid for interviewing Zamonov. Chairman Homidjon Muhamadiev started to explain the journalist that she did not have the right to interview the relatives of the convicted before the enforcement of the sentence.

According to Muhayo Oripova, the shooting team was forced to write an explanatory note addressed to the chairman of regional court where they had to explain what had been recorded and for what purpose. The shooting group explained that they would not broadcast the footage until the final judgment is passed and to report on the results of an appeal too.

January, 14

TV and Radio Company “Asia” (Khujand)

On 14 January, a shooting team of Khudjan’s television and radio company Asia were taking part in a spot-check inspection, organized by the traffic police. During the shooting, the motorcade of the governor of Sogd Province, Kasym Kasymov, rode along the main city motorway. In several minutes, Kasymov’s bodyguards appeared and demanded that the journalists and road policemen gave them video cameras and tapes. Despite the protests of the cameramen that the motorcade had not been left off-camera, their gear was confiscated nevertheless.

After their appeal to the Governor’s office the same day, everything was returned to the owners safe and sound.

COMMENTARY

6. Unfounded refusal to provide information of public concern

January, 13

Kholik Sangin, Radio “Freedom” (Dushanbe)

On January 13, a correspondent of the Tajik service of Radio “Freedom”, Kholiki Sangin addressed to Chairman of the Vahdat City Court Pirov in order to familiarize himself with judicial materials. However, the chairman of the court said that access to any information would be given only after a written or verbal permission by the chairman of the Board of Justice of RT.

January, 12

S. Huseinov (Rasht area)

A special correspondent for the Information Center “Rasht Press”, S.Huseinov, turned to the administration of the mine “Nazarailok” of Rasht Area for updated information on the volume of excavated coal. However, the mine’s security and accounts department refused to provide the necessary information, referring to the absence of their senior managers and that they would not give him the data without their permission.

January, 19

Zarina Khushvakht, Anora Sarkorova (Dushanbe)

On 16 January, accredited correspondent of the Persian service of BBC Zarina Khushvakht and Anora Sarkorova, correspondent of the Russian service of the same radio, decided to request for information the Dushanbe burn center in order to gather material on the cases of suicide. But before applying there, they went first to the City health department, knowing they would have been denied at the burn center without permission from a higher instance. N.P.Kravchenko, head of the health department, refused outright to meet with them alleging being busy. After several days, the journalists contacted the Ministry of Public Health and only after a meeting with a deputy minister they managed to get the data the needed.

January, 21

Sukhrobsho Farrukhshoev, Asliddin Distiev (Kulyab)

On 20 January 2004, military prosecutor with the Kulyab garrison Colonel M.Ubaidulloev flatly refused Sukhrobsho Farrukhshoev and Asliddin Distiev, correspondents respectively for the information center “Khatlon-Press” and information agency “Varorud”, to provide information regarding a heavy injury received by a soldier, who fell from the loft of a 10 meter high building housing the office of the military prosecutor. According to the journalists, they were waiting for an answer for nearly an hour outside the building, then followed the refusal to meet with them and to provide the information they asked for.

January, 21

Sukhrobsho Farrukhshoev, Asliddin Distiev (Kulyab)

On 19 January, deputy head of the Kulyab interior department Mayor of Militia A.B.Buzmakov refused to meet at his office with Sukhrobsho Farrukhshoev and Asliddin Distiev, correspondents, respectively, for the information center “Khatlon-Press” and information agency “Varorud”, without explanations of the grounds for his refusal. They explained first the purpose of their visit to militiamen at an operative militia unit, then those reported accordingly to their chief. The reporters said they wanted to clear up the question of criminal situation in the city.

January, 22

Nargis Zokirova (Dushanbe)

On January 22, correspondent of independent weekly “Vecherny Dushanbe” Nargis Zokirova made a phone call to the reception of the State Statistical Committee of RT to obtain more specific information about an average number of family members in Tajikistan. Having introduced herself and explained the purpose of her call, the journalist asked a secretary to contact her with any of the chairman’s deputies. “I knew in advance that first it was necessary to talk with someone of the senior staff, otherwise without their permission no department would give me even a small piece of information”, said Nargis Zokirova. According to the journalist, the secretary connected her with chairman assistant Gurez Aminov, who without hearing her out, said that at the government’s order, the Committee does not give any information on the phone, and rang off.

January, 23

TV and Radio Broadcasting Company “Asia” (Khujand)

On 23 January, the Education Department of the Khujand City Hukumat (Administration) refused to give information to a journalist of TV and Radio Broadcasting Company “Asia”, Dilafruz Abdurahimova. The journalist wanted to ask, in particular, on what basis the kindergartens’ authorities establish prices for children’s keeping. “The matter is that at present in Khujand all pre-school institutions have varying prices. Yet, nobody wished to clear up the issue”, D.Abdurahmonova said. Only after the journalist said she would broadcast their refusal to give the information needed, the head of the Education Department Ganieva agreed to comment on the situation.

January, 30

Nargis Zokirova, Newspaper “Vechernij Dushanbe” (Dushanbe)

In mid October 2003, the editorial office of Vechernij Dushanbe applied to the Deputy Minister and head of the Correctional Affairs Department (CAD) of the Ministry of Justice of RT, Alikhon Rakhmonov, for a permission to visit a women’s colony in Nurek by its correspondent N.Zokirova. However, the ministerial machinery had been examining the issue during almost one and a half months, and finally, a press-secretary contacted Zokirova and asked her to prepare a second request with more detailed questions. The second request was prepared and sent to the CAD on 12 December, 2003. After several days, Zokirova succeeded in arranging a one hour meeting with Rakhmonov, in the end of which the official promised to familiarize himself with the editors’ request and consider the possibility to let the journalist visit the colony. The journalists have not received any answer as of the end of January 2004 though. Earlier, Zarina Khushvakht, correspondent for the Persian service of BBC tried to get a similar permit, but no effect.

COMMENTARY

7. Unfounded restrictions in receipt of information of public concern

January, 13

Rano Alimshoeva (Badakhshoni Kuhi Autonomous Region)

On 12 January, a correspondent for TV “Badakhshan”, Rano Alimshoeva, addressed to the Chairman of the Foundation of Social Protection of Population in Badakhshoni Kuhi, Gulsara Abdolova, in order to prepare a TV broadcast about the activity of the Foundation, but the letter asked the journalist to call on the next day. At the appointed date, the chairman alleged being busy and promised that after having appointed exact time she would call the journalist by herself. But the following days Gulsara Abdolova postponed the meeting each time on various pretexts.

COMMENTARY

8. Violation of mass media’s rights to equal receipt of information

January, 19

Journalists of independent mass media (Kulob)

On January 15, Deputy Military Prosecutor of Kulob garrison Khairullo Mahmadulloev refused to provide information to journalists with republican newspapers accredited in Kulob about the amount and character of criminal cases, instituted by the Military Prosecutor’s office concerning violations during autumn and winter recruitments to military forces of RT. On the same day, Lieutenant Colonel Khairullo Mahmadulloev gave an interview to journalists of local TV studio “Kulob”. Other journalists had no choice but to make use of this interview. According to some journalists accredited in Kulob, this case is not the first one in the practice of the military prosecutor’s office of Kulob District.

COMMENTARY

January, 01

Newspapers “Ruzi Nav” and “Nerui Sukhan” (Shaartuz area)

A newspaper distributor in Shaartuz area, Kh. Mirzoev informed that previously he had been taking ten copies of the “Ruzi Nav” and “Nerui Sukhan” weeklies, which were sold freely. Yet, in the past few months, an unknown person is buying all the copies of these papers, so that the others could not read them. So, now Mr. Mirzoev says, because of that, he has to sell them secretly at home.

January, 09

Newspaper “Nerui Sukhan” (Kurgan-Tube)

As freelance reporter M. Kurbonova reported on January 8, a next in turn issue of the “Nerui Sukhan” weekly had not been distributed in Kurgan Tube, since according to the directions of local officials all the copies of the newspaper had been bought out and demolished. According to M. Kurbonova, the reason is that the newspaper had published article on “Arrest for 24 hours” where they wrote about a picket of women in Kurgan Tube and Kulob held on 10 December 2003.

January, 17

Newspaper “Nerui Sukhan” (Vahdat City)

On January 16, a person made a phone call to the editorial office of the “Nerui Sukhan” weekly, introducing himself as Jafar Saidov. He noted that in Vahdat, some unknown people had bought out and possibly demolished a 15 January regular issue of the “Nerui Sukhan” newspaper. As a result, other residents could not buy and read that issue. According to the editorial office, the issue contained critical material entitled “Gulov and Company - 2” critical of the activities of Vahdat Mayor I. Gulov.

COMMENTARY

Such cases (buying-out and demolishing of newspapers) became more frequent recently and, in our opinion, this is one of the methods of oppressing mass media. If to take into account the price of a copy (about 25 cents), which ordinary citizens are not able to buy in large quantities, it is likely that those actions were premeditated and taken by someone’s order.

10. Unfounded summons to law-enforcement bodies

January, 22

Khushomad Alidodov (Badakhshoni Kuhi Autonomous Region)

On January 21, a correspondent of “Radio Badakhshan” broadcasting station, Khushomad Alidodov, was summoned by phone to the Security Department in Badakhshoni Kuhi Region. As Kh. Alidodov reports, security officers were interested in the information concerning a meeting of the members of the Social Democratic Party and Islamic Revival Party of Tajikistan, they also thought that Mr. Alidodov was the member of one of these. After Mr. Alidodov explained that he had no relations to any of those parties, they let him go. According to him, this was not the first time when he was invited to the Security Department for such ”talks”, alleging he is a member of the Islamic Revival Party, although he had never been its member and had no relation to it.

COMMENTARY

11. Unfounded limitation of access to television programs

January, 24

(Sogd Region)

On Saturday of 24 January, about 9 p.m., the Radio and Television Re-transmitting Center RTPC-2 suddenly switched a channel dedicated for the retransmission of Russian television in Sogd region to Republican Television that was airing a speech by the head of state at the governmental meeting on the results of the social and economic development of the country in 2003. Independent Khujand-based TV stations “Asia” and “SM-1” also had to cease their broadcasting for two hours. Being incapable to transmit republican television due to technical reasons, they limited their air by captions.

COMMENTARY

III. CONFLICTS. VIOLATIONS, INCRIMINATED TO MASS MEDIA AND JOURNLAISTS  (up)

January, 05

Newspaper “Nerui Sukhan” (Dushanbe)

On January 5, the editorial board of the “Nerui Sukhan’ weekly had received an official notification signed by Minister of Culture of RT K. Olimov, wherein it was said that based on unconfirmed facts, Nerui Sukhan had published critical material about the Chairman of Vahdat District. In that document it was also said that the Ministry of Culture notifies the editorial board that in future it to abide with Articles 6 and 22 of the Law of RT on the Press and other Mass Media, which prescribe to publish material with authentic and reliable data.

COMMENTARY

2. Claims of reinstatement in employment and of payment for forced absence from work

January, 05

Mohsharif Kurbonova (Kurgan Tube)

On January 3, Mohsharif Kurbonova, correspondent for Independent Radio and TV of Kurgan Tube, appealed to the Kurgan Tube City court with a claim against the director of the TV Company, Khurshed Safarov, concerning her reinstatement in previous job with compensation for material and moral damages in the sum of one thousand somoni (approx. $333). According to M. Kurbonova, she was illegally discharged from her office about two months ago.

COMMENTARY

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