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February 2004
II. violation of rights of journalists and mass media III. violations incriminated to mass media
In February 2004 Monitoring of the violation of the rights of journalists and Mass Media in Tajikistan had registered 27 messages. 10 of which determine actual situation of Mass Media in the light of legal and socio-political atmosphere of the month. 13 of them give information about direct violations of the rights of journalists and Mass Media, 4 - give information about 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. Actions of officials, determining actual position of Mass Media
February All Mass Media (Dushanbe City) In mid February, the RT Minister of Transport A. Salimov has ordered to abolish the Information center of the ministry. According to the personnel department of the Ministry of Transport, the motivation of this decision was not described in the order. Journalists of Tajikistan expressed regret for this event, since to their common opinion, the press service of the Ministry of Transport quickly and efficiently provided any information including those with negative character. Head of the press service M. Shodiev actively collaborated with all journalists of local and foreign mass media.February 05 Khujand Mass Media (Khujand City) At a press-conference which was held on 3 February at the Regional Hukumat (Administration), Head of the Information-analytical center of Sogd Region Hukumat, Mr. Narzullo Dadabaev explained to the correspondent of News Agency “Varorud”, Salomat Kurbonova that in the future only one journalist from each editorial office should come to cover events. The fact is that S. Kurbonova came to the press conference instead of her colleague, Madina Saifiddinova who was in her business trip that day. Mr. Dadabaev also noted that in the near future there would be introduced a system to accredit journalists, and only accredited journalists would be entitled to visit press conferences. “After accreditation they would know whom to blame, in case if a publishing article contains any mistakes or inexactitudes. –said N. Dadabaev. February 14 Electronic mass media (Dushanbe City) Mayor of Dushanbe, Mahmadsaid Ubaidulloev, during his speech at the session of activists dedicated to the forthcoming celebration of eightieth anniversary of Dushanbe City, in particular noted that in the anniversary year, the administration of the capital intends to focus its attention on establishing independent Television. According to the Mayor, Hukumat of the city is ready to support opening a local television “Asia-Plus” and further assistance to the development of Dushanbe TV Station “Poitaht”. February 15 Weekly Newspaper “Gulkhani Vose” (Kulob City) On 14 February it became known that “Gulkhani Vose” weekly (organ of Vose District Hukumat) was the first to suffer from the decentralization of State subsidies to governmental publications. Department of Finance of Khatlon Region had sent accounts to the Department of Finance of Vose District on financing “Gulkhani Vose” weekly to the amount of 2800 somoni ($9,3 hundred) a year from the district’s budget. According to the editor of the newspaper Najot Safarov, this sum is not enough even if the weekly is published twice a month instead of once in a week. It is necessary to pay printing house 80 somoni ($26) for publishing one issue of the newspaper – it includes typesetting and printing. Even if the newspaper is published twice a month, annual printing costs comes to 2080 somoni (approx. $693) for the editorial office of the newspaper. Only 720 somoni ($240) a year remains for purchasing paper, paying wages, communication costs, traveling expenses, electricity facilities and does not cover other expenses. According to the editor of the newspaper, they received no more than that sum even under centralized system of transfers through the Ministry of Culture, but the ministry annually allocated enough number of newsprints, covered traveling expenses, and plus, upon the request of district Hukumat, it was financed by local farmers, enterprises and organizations. Losing all these allocations, the newspaper will have to publish issue in a year.
2. Journalists’ actions to protect their civil and professional rights
February 02 Non-governmental TV Company “Isfara” (Isfara City) The non-governmental TV Company “Isfara” got new transmitter to install. According to the chief producer of the project, Iqbol Teshaev, equipment of the Russian production was received within the framework of the project “Democratic Values for all and for everyone” from the US Embassy to Tajikistan. Now the amount of information broadcast by station has increased to 20 km, and residents of other villages of Isfara District can watch their programs. February 05 Journalists of Khatlon Region (Kulob City)On 4 February in Kulob City, Mrs. Alenor Benois, a newly appointed advisor of the ambassador of OSCE Center in Tajikistan on Mass Media issues, hosted a meeting with journalists of Kulob City, Vose District and personal correspondents of regional and republican newspapers accredited in Kulob City. Mrs. Benois, in particular stated, “I’m glad that I came to Kulob and familiarized myself with problems of local journalists. The problems here are just hard up. It is even unbelievable that journalists of this region where-as I was told, more than million people live, are practically dropped out of sight of international organizations”. 10 State newspapers in the Region had suspended their publications, being deprived of state subsidy through Ministry of Culture and Press since 1 January 2004: local administrations that were to finance them could not immediately and specifically solve the problem. But also many problems connected with the survival of publications can hardly be solved. The previously scheduled Mrs. Benois half an hour-meeting with journalists had lasted for a few hours. February 04 Foreign Mass Media (Dushanbe City) On 13 February a roundtable on “Tax-budget and general problems of the economic development of Tajikistan” took place in Dushanbe. The roundtable was initiated by the Ministry of Finance and Ministry of Economics and Trade; representatives of the National Bank, State Statistics Committee and Independent School of Journalism participated there. Head of Independent School of Journalism, M. Vahobova invited a wide circle of journalists, but the day before the planned event she was called by the head of press-service of the Ministry, A. Sharipov. The letter informed that she is advised not to invite correspondents working for foreign mass media. M. Vahobova had to call accredited journalists and cancel invitations. According to A. Sharipov, roundtable was conducted on account of article of the famous Tajik economist, Professor Kh. Umarov titled as “Reduction of Tax”, published in the newspaper “Business and Politics”. “This information is predetermined for a narrow range of correspondents, in newspapers where the articles of Pr. Umarov are being published”. February 18 All mass media (Dushanbe City) During 17-19 February a seminar on human rights and freedom of speech was held in Varzob valley for 30 students of the Departments of Journalism of Russian-Tajik Slavonic University, Tajik State National University and Khujand University. It was organized by the UN’s Bureau for Peace-keeping. The trainers of this seminar were leading experts: Director of the Center for Journalism in Extreme Situations, Oleg Panfilov, Head of Kazakh Bureau on Human Rights, Yevgeny Jovtis, lawyer of NGO “Media-Tajikistan”, D. Ibodov and Director of NGO “Tradition and the Present”, Alla Kuvatova. February 21 All Journalists (Dushanbe City) Journalists, Judges of the city and district courts, representatives of the Council of Justice of RT met on 21 February 2004 at the seminar “Interaction of judicial authorities with mass media”, devoted to the cooperation of prosecutor’s offices, representatives of courts and journalists. The seminar was organized by the National Association of Mass Media of Tajikistan (NANSMIT) under financial support National Endowment for Democracy (USA). Deputy Minister of Culture of the RT I. Usmonov, head of the Council of Justice, Yusuf Salimov and the invited journalists expressed their views upon the situation of cooperation of mass media and state structures. Seminar participants agreed that it was necessary to create close and tight cooperation of mass media, prosecutor’s offices and Justice. The actions of judicial authorities, which give rise to many unfavorable criticism of the country’s population, it is necessary to put it under control of the society and mass media. At the same time, they noted that both state authorities and journalists violate the law of RT in their mutual relations. Participating at the seminar, officer of the Scientific-Research Institute of the General Prosecutor’s Office of the Russian Federation, Boris Pontileev told about his skills of relations with journalists and shared his experience of making cooperation between mass media and prosecutor’s office, in particular he told about establishing Council on Press, where it would involve Judges, most famous people of the country and journalists. The Council on Press would be responsible to consider arguments between state authorities and journalists, pre-trial hearing of the case on violation of Law. February 23 Informational Analytical Agency “Varorud” (Sogd Region) (Dushanbe City) An attempt of bridging bilateral cooperation was made by representatives of press-services of state structures and mass media of RT during one-day seminar on “Interaction of press-services of State structures with mass media” held on 23 February in Dushanbe City. It was organized by National Association of Mass Media of Tajikistan (NANSMIT) under financial support National Endowment for Democracy (USA). Officers of press-services and journalists fairly appreciated their relations. According to the representatives of press-services, journalists pursuing sensations, usually falsify and wrongly construe facts and events. In their turn, journalists expressed their opinion upon poor activity of press-services. “It’s easier to address appeal to the officials for information than to the press-services”- said most of journalists. According to the Director of the Center for Journalism in Extreme Situations, Oleg Panfilov, the way out of an existing situation could be the creation of a Council consisting from leading journalists, lawyers, representatives of intelligentsia, which would assist in solving conflict situations between press-services and journalists. “For the present time we did not find how to name the Council, but it would allow to solve any arguable situation, and avoid trials in time”, said Oleg Panfilov. In addition, seminar participants discussed such actual problems as the role of mass media in covering activities of state structures, opportunities of the access to the official information, legislation base and practice of the activities of State structures in Tajikistan, and also responsibility for socio-important information hiding.
II. VIOLATIONS OF THE RIGHTS OF MASS MEDIA AND JOURNALISTS (up)
1. Groundless requirements on censorship of publications
February 15 Nargis Zokirova (Dushanbe City) On February 12 “Business and Politics” newspaper has published an article of the journalist Nargis Zokirova “Women’s colony: new policy old problems”, in which she cited fragments of the woman’s letter who was being held in women’s colony of Nurek City. Author of the article noted that she could not examine complaints that were in a letter, since she was refused by the Department of Correctional Affairs (DCA) to visit the colony. On 18 February press secretary of the DCA, A. Sharipov phoned N. Zokirova and roughly requested the explanation “regarding publishing that article before she had to consult”. From further talks it became known that even press-secretary himself did not have time to read the article.
COMMNETARY Article 30 of the Constitution of RT forbids State censorship, and every citizen has a right to freely express his views and opinions, distribute them in any form through press and other mass media. At the same time, request of the officials towards journalist directly contradicts the current legislation.
2. Violation of constitutional guarantees of freedom of creativity
February 07 “Nerui Sukhan” Weekly (Power of Speech) (Dushanbe City) An officer of Criminal Investigation Department of Khatlon Regional Prosecutor’s Office, Tuyshiev together with an unknown man who did not present himself came into the editorial office of “Nerui Sukhan” and complained that one of the issues of the newspaper has published poems of Muhammadali Siyevush in which court officers of Kurgan Tube City had been criticized. In particular, the poet made fun of lawyer Musavirova and at the same time insulted her in his poems. Representatives of prosecutor’s office requested to give them original copies of poems, but because editor-in-chief was not in place, their request was rejected. After that, they left their address and asked them to tell editor-in-chief to get in touch with them later or come to the prosecutor’s office of Khatlon Region. However editor-in-chief of the weekly, Mukhtor Bokizoda decided not to go to the regional prosecutor’s office, since representatives of that institution did not leave a notice paper for him.
COMMNETARY According to the Article 40 of the Constitution of RT, everyone has a right to a free participation in cultural life of society, artistic, scientific and technical creativity and use their achievements. Consequently, nobody has a right to dictate to journalist what to publish and to a poet, what to write. If a lawyer feels himself offended, she can appeal to court in course of private accusation.
3. Threatening Journalists
February 25 Nargis Zokirova On 23 February the press-secretary of the Department of Correctional Affairs (DCA) of the Ministry of Justice, Sh. Sharipov told correspondent of Persian Service BBC in Tajikistan that their institution had prepared a statement to the General Prosecutor’s Office of the RT for the actions of N. Zokirova who published an article in the weekly “Business and Politics” about conditions of convicted women in the colony of Nurek City. He, in particular stated that “a prison cell is already prepared for Zokirova”. February 28 Islandar Firuz (Dushanbe City) On 26 February correspondent of the Persian service of BBC Radio Iskandar Firuz, standing at the meeting hall of Dushanbe Airport witnessed how three police officers assaulted two underage girls who were selling sunflower seeds and chewing gums. The journalist broke into this incident and asked police officers not to abuse their power. Police officers were rude towards him. Iskandar Firuz said that he would write about that incident in the newspaper. After that police officers started to threaten the journalist. When Iskandar Firuz asked the name of police officers, the police officers who name himself as Khoji in particular threatened “if you write about this case then you will not be well” By the next mourning the journalist called Kurbonali Muhabbatov, Transport Prosecutor of RT, with complaint over the actions of police officers at the airport. Prosecutor promised to carry out investigation.
Commentary According with the Article 36 of the Law of the Republic of Tajikistan “On Press and other Mass Media”, constraining of a journalist to spread or refuse to spread information, concerned with threat of violation, property destruction or damage, at the same time violating the rights of journalist by means of threat, constitutes a corpus of crime. Threatening to murder or heavily harm the health, if there is a reason to beware of the commitment of this threat constitutes corpus of crime, provided in the article 120 of the criminal code of the Republic of Tajikistan. Unfortunately, number of cases of threats towards journalists is not decreasing and such violations drop out of sight of the law machinery. We strongly recommend journalists to address themselves to the departments of Interior Affairs in every facts of threats against them or their relatives in order to make an inspection and institute proceedings in case of its validity.
4. Groundless refuse of official to receive journalists
February 10 Rustam Odinaev, “Kulyabskaya Pravda” (Kulob City)On 10 February Chairman Adviser of Kulob City, Talab Nozimov refused to provide information regarding organization of a meeting with mayor of the city Bobojon Murodov to discuss situation over financing the newspaper in 2004 to Rustam Odinaev, an editor of regional socio-political newspaper “Kulyabskaya Pravda”. According to Rustam Odinaev, the refusal was unfounded, since such situation has already happened three times since the beginning of 2004. Hukumat does not wish to solve the problem, since 1 January 2004 it had to allocate funds of local budget. For one and a half months, the newspaper was able to publish only one issue.
COMMENTARY According to the Article 31 of the Law of the RT “On Press and other mass media” journalist has a right to admitted by official in a course of accomplishing his professional journalistic activity. As it is known from the information, it was official’s responsibility to answer the question of journalists, and they were responsible to admit journalists.
5. Groundless refuse in giving social important information
Febaruary 03 Iftikhor Mirshakarov (Badakhshoni Kuhi Autonomous Region) On 28 January the correspondent of “Badakhshan” newspaper Iftikhor Mirshakarov appealed to the military prosecutor of Badakhshoni Kuhi Autonomous Region, Ganjibek Muzafarbekov, for information connected with the murder of three border guards of the military unit 2848 of the Border Control Committee of RT. Military prosecutor asked correspondent to come around next day, since his investigation was still continuing. Next day G. Muzafarbekov secondly refused journalist to give information referring to investigation, which takes a lot of time, and if he has spare time, he would give the information by himself through press service of Khatlon Region. According to Iftikhor Mirshakarov, now it became a tradition when officials give information only when they think it’s necessary, most of the time they spread information through the press service of regional Hukumat. February 13 “Asia Plus” weekly (Dushanbe City) “Asia Plus” editorial office sent a written inquiry to the Ministry of Finance asking minister to answer the question “Is Budget deficit of 2004 a symptom of instable economic or is it an instrument of budget and tax policy?» The administration of the Ministry of Finance first encouraged correspondent of “Asia-Plus” that experts would answer to all of his questions. However two weeks later, head of budget department “redirected” questions to the head of credits department. Head of Credit Department in particular answered: “Write about the budget by yourself. Editorial office should have their own opinion…”. Editorial office strangely reacted to that, and according to the correspondents of the newspaper, experts of Finance Ministry just do not wish to spread negative information. After publishing their own materials about the budget, by mentioning the refusal to answer some of the questions, the ministry gave a reply to the article, which was published on 27 February. February 14 Turko Dikaev, “Asia Plus” weekly (Kulob City) On February 13 the Head of Drug Control Department of Khatlon Regional Interiors, Khurshed Mirzoev unfoundedly refused to give information to personal correspondent of “Asia-Plus” newspaper in Khatlon Region, Turko Dikaev. The journalist wanted to find out about discovering and seizing narcotics, detaining small drug sellers in the districts of Kulob Region. “Kh. Mirzoev motivated his refusal this way: “I was appointed to my post in the beginning of 2004, that’s why I will not give the report which was done before my appointment. But my January report is not ready yet, since it’s ready, I would have to think whether to give it to journalists or not”. February 14 Mirzojamol Shojamolov, Radio “Freedom” (Badakhshoni Kuhi Autonomous Region) On 7 February the correspondent of Radio “Freedom” Mirzojamol Jomalov appealed to the Badakhshoni Kuhi Security Department for information. The journalist was interested especially in violation of Tajik-Afghan Border by Iran resident. According to Shojamolov, during five days he turned to the assistant unit and to other officers of the department, but nobody wanted to give information about the fact of violation, explaining that they are not authorized to do it and only higher officials can solve the question. Shojamolov could not even reach out any superior officer of the department. Every time he called to the reception desk, he was told that the administration officers were too busy or were in their business trip. According to M. Shojamolov, lately representatives of law machinery of Badakhshoni Kuhi are refusing to give even insignificant information.February 26 Iskandar Firuz (Dushanbe City) On 24 February Iskandar Firuz, the correspondent of the Persian Service of BBC Radio in Tajikistan appealed to the State Statistics Committee under the government of the RT with the request to comment the questions of radio audience who asked what economic sector of Tajikistan pays highest salaries. M. Sharipov appealed on this to the assistant of Committee’s chairman, Murodjon Sharipov. Sharipov asked him to come around next day until he asks permission from the chairman of the committee. Next day M. Sharipov refused to answer the question of a radio listener, saying that administration did not see any need to answer such questions. He advised the correspondent to use other materials that were earlier published in press. February 29 “Asia Plus” weekly (Dushanbe City) In mid January, editorial office of “Asia-Plus” had sent to all ministries and President’s office a written inquiry concerning the average wage of their officers. Only Ministry of Health and Ministry of Labor and Social Protection had responded. The others made formal replies, for example Energy Ministry said that now it goes through reorganization, making reports and currently unable to answer the question; Ministry of Revenues and Tax answered that such information is a commercial secret.
COMMENTARY Freedom of speech and press and right to use mass media are guaranteed and protected by Article 30 of the constitution of the RT except for the data connected with State secret. In addition to this, Article 31 of the Law “ “On Press and other Mass Media” and Article 28 “On Information” give journalist a right to find, receive and spread information in any legal way. Our monitoring often registers such violations committed by state structures of the country. Journalists have to stand for their rights and address officially to superior bodies or court. In the latter case the Ministry had refused to provide information on staff salaries referring to its alleged secrecy. It should be noted that according to the Article 28 of the Law of the RT “On Information”, legislative, executive and judiciary organs of the RT and their officials are responsible to present information, concerning their activities and consequently refusal of the ministry to present information is unlawful.
6. Groundless limitation in presenting information important to the public
February 20 “Asia Plus” weekly (Dushanbe City) “Asia Plus” weekly in its seventh issue has published the questions of editor-in-chief, M. Mamadshoev which was addressed to the administration of Interiors Ministry. The prehistory of the inquiry is the following: about one month ago (5 January 2004) M. Mamadshoev had sent a list of questions to the Interior Ministry of the RT. According to the law on mass media he has been expecting the respective answer, yet he did not receive it. So Mr. Mamadshoev had to reiterate the call in the newspaper. The respective answer had been received from the MIA only on February 24.
COMMNETARY Freedom of speech, press and right to use mass media is guaranteed and protected by Article 30 of the Constitution of RT, except for the data concerning State secret. Moreover Article 25 of the Law of RT “On information” prohibits limitation of rights to receive open information. At the same time, such limitations in receiving information are unlawful.
7. Limitation of rights in equal receipt of information
February 08 Turko Dikaev, “Asia Plus” weekly (Kulob City) On 8 February the adviser of the chairman of Kulob City, Talab Nozimov unfoundedly refused to give information about the visit of Vice Prime Minister of RT, Khairinisso Mavlonova to Kulob and issues that were discussed during that meeting. In response to the request of Turko Dikaev, personal correspondent of “Asia-Plus” in Khatlon Region, he noted that did not have any messages for newspapers, and “strange” journalists could learn all news from local teleision.
COMMNETARY Article 36 of the Law of RT “On Information” guarantees equal rights and opportunities of information access to all participants of informational relations and nobody is entitled to limit rights of an individual in choosing any form and source of information. Therefore, making priorities for separate mass media and journalists is groundless.
III. CONFLICTS. VIOLATIONS INCRIMINATED TO MASS MEDIA AND JOURNALISTS (up)
1. Requirement on refuting information, not representing facts
February 12 “Ruzi Nav” weekly (Dushanbe City) An article of Khuriniso Alizoda titled as “Mama Roza” (Procurer) has been published in the issue #5 of “Ruzi Nav” newspaper dated 06.02.04. Based on the facts stated at the seminar on “problems of prostitution among women and underage girls of Kulob City” that was held in Dushanbe on 24 January, the correspondent wrote that almost all girls of Kulob Region were involved in prostitution. After publication of this material several residents of this region- Suhrobshoh Farrukhshoh, Sayofi Mizrob and Asliddin Dostiev started to request the editorial office of “Ruzi Nav” to publish refutation or publish the reply article of Suhrobshoh Farrukhshoh. But editorial office declined their request.
COMMENTARY The right to reply and refute is guaranteed by the Article 24 of the Law of RT “On press and other mass media”. However, the law gives that right to citizens or organizations, toward whom mass media published information, violating their rights and legal interests. In that case the rights and interests of the journalist S. Farrukhshoh are not violated and the refuse of editorial office in publishing a reply and refutation is logical.
2. Journalists’ lawsuit to protect their civil and professional rights
February 12 Mohsharif Kurbonov (Kurgan Tube City) On 11 February Kurgan Tube City Court had finished consideration of the lawsuit of the correspondent of independent TV and Radio Company of Kurgan Tube City, M. Kurbonova versus the Director of this Company, Khurshed Safarov concerning her reinstatement at her a previous post and paying her the compensation for causing moral damage and illegal discharge. Having satisfied the request of the journalist, the court obliged the Director of TV and Radio Company to restore M. Kurbonova to her previous position with payment of salary and other payments for the forced absence.
COMMENTARY It is the first time that, our monitoring states the appeal of journalist to the court for protecting her civil and professional rights. It can be an example for many other journalists to assert their rights.
3. Accusations in partiality and tactlessness of publications
February 13 “Ruzi Nav” weekly (Dushanbe City) On 12 February Superior Officers of Defense Ministry of RT – Shukurov, Jalolov, Goibov, Dildorbekov, Rozikov, Mahmudov, Gruzina, Nuraliev Goziev with 80 signatures of other officers of this ministry had sent a letter to the editorial board of “Ruzi Nav” weekly. In the letter they expressed displeasure as regards several articles published in “Ruzi Nav” newspaper ((¹¹ 03, 04, 05 of 2004) wherein, they think the facts had negative influence upon significance of the ministry. In the letter they noted that they were going to appeal to court with complaint against the author of the article and editorial office of “Ruzi Nav”. February 13 “Ruzi Nav” weekly (Dushanbe City) On 12 February the Chairman of Khatlon Region, A. Miraliev sent a letter to the editorial board of “Ruzi Nav” weekly wherein he accused Barot Yusufi, the author of article “President Fakirov” (20.11.03) of bringing unchecked facts. In this article, journalist had criticized the activities of Deputy Chairman of Khatlon Region, Kabirov and the former chairman of Vose District, Fakirov. In response, editorial office had published other data and facts, in which they accused Miraliev of his failure to solve problems of the Region.
COMMENTARY Claims on protection of personal non-property rights, including dignity and business reputation can be filed by a person who owns these rights only. It is necessary to have simultaneously a few conditions in order to fix the civil and law responsibility for the dissemination of untruthful information. In particular, in case this information distorts a person’s reputation in the eyes of society and judicial persons. But if a publication consists of verified information, there cannot be civil or law responsibility, irrespectively of opinion it may stipulate among the readers. Therefore, the pretences of the officials are groundless, since their dignity had not been distorted.
Monitoring has been prepared based on reports of Mass Media and correspondents of Monitoring Network regarding the violations of the rights of Tajik Mass Media and journalists.
The Head of Monitoring Service Nargis Zokirova
The Head of juridical service, O. Azimov
Head of the project in Tajikistan N. Karshiboev
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