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April 2004
II. violation of rights of journalists and mass media III. violations incriminated to mass media
In April 2004, monitoring of violations of rights of journalists and mass media in Tajikistan had registered 32 messages. 5 of which define actual state of mass media in the light of socio-legal and political climate of the month, 25 of which provide information on direct violations of rights of mass media outlets and journalists, 2 - 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
April 14 All mass media (Dushanbe) During the parliament session in preparations for 80th anniversary of the capital, Mahmadsaid Ubaidulloev, chairman of upper chamber of the Parliament of RT and mayor of Dushanbe roughly criticized city officials. “Residents of Dushanbe still do not have any idea of how would anniversary objects look like,” - he said and requested to publish information about them. This statement could be considered as a reply to a critical article published in Asia-Plus newspaper, which criticized head of the Department of Construction Committee of the city’s Hukumat (Administration) Z. Muhiddinov, who refused to give information about construction of an aqua-park to a correspondent of the newspaper. It’s noteworthy that low-level officials behave toward journalists in a tactless way, refusing to answer their questions, regardless hopeful instructions of the President Emomali Rahmonov.
2. Assessment of actual state of mass media and freedom of speech
April 8 All mass media (Dushanbe) During meeting between the Foreign Minister Talbak Nazarov, and Solomon Passi functioning chairman of OSCE, the latter noticed that situation of mass media freedom in Tajikistan has improved. He welcomed the interaction of OSCE and Tajikistan in the field of legal norms development for mass media and the decision Tajik Government made on exempting mass media from taxes. Solomon Passi believes that it would significantly improve the situation of free activity of mass media in RT.
3. Journalists’ actions to protect their civil and professional rights
April 13 All mass media (Dushanbe) On 13 April 2004 National Association of Independent Mass Media (NANSMIT) made public statement about failure to fallow instruction given by Tajik President Emomali Rahmonov to exempt mass media from certain taxes. The statement, signed by the chairman of the NANSMIT, in particular says: “representatives of mass media raised this question on 9 April 2003. And even after an open letter had been signed by all editors and published, state authorities show no reaction. In addition to many inquiries, on 18 April 2003 the letter was sent to the Government and Parliament of the country. According to Nuriddin Karshiboev, in September 2003 the NANSMIT received a notice paper from the government, which said that the given proposal was under consideration. The Vise Prime Minister Nigina Sharopova instructed certain ministries to study this issue, coordinate document and send it to the Government within ten days period. But the problem remained unsolved. In January 2004 the head of the state ordered corresponding ministries to examine the proposal for exemption of mass media from taxes and introduce amendments till 1 April, once again. Also during the meeting with intelligentsia of the country, Tajik President Emomali Rahmonov promised governmental support for all independent mass media outlets and noted that he had already instructed the Government to exempt newspapers, journals and other publications from taxes. However, there were still no steps taken to solve the problem. In the statement, the NANSMIT expresses hope that Tajik government will be responsible and serious about solving the problem, so that a corresponding legal act will be adopted in the near future. April 19 All mass media (Dushanbe) On 19 April 2004 a press-conference took place in Dushanbe on “Monitoring of Freedom of Speech in Tajikistan”, organized by the National Association of Independent Mass Media in Tajikistan (NANSMIT) supported by USAID. According to the organizers, purpose of the press conference was to report results of the seven months-monitoring (September 1, 2003 – March 31, 2004). According to coordinator of the monitoring service, Nargis Zokirova, the seven months-monitoring had uncovered 207 cases of violations of rights of journalists and mass media in Tajikistan. Over forty percent of violations relate to information access. Eighty two cases define actual state of mass media in the light of socio-legal and political climate of each month and twenty five cases inform about direct violations incriminated to mass media. Nuriddin Karshiboev, chairman of the NANSMIT noted that the problem of journalists’ access to information was still urgent, and added: “The actions of some officials do not only violate national legislation on information access but also the international regulations on rights. It is very frequent when they refuse journalists in presenting ecological information, which violates articles of Orkhus Convention”. Deputy of Mazhlisi Namoyandagon (lower chamber of the Parliament of RT) also took part in the press conference. He noted, in particular, that it was necessary to develop legal base for mass media activities in Tajikistan. Usmon Nazir called journalists for cooperation with legislators and suggested them to submit their amendments to the current legislation on mass media to Tajik Parliament. April 21 All mass media Representatives of special mission of the UN for rendering assistance in conducting elections, Scott Smith and Francisco K. Floris arrived in Dushanbe and hosted a meeting with Tajik and foreign journalists in the UN Peacekeeping Bureau. According to some representatives of mass media, Tajik journalists are not ready to cover election campaigns. According to journalists, their coverage would be unprofessional and chaotic as it was five years ago without purposeful additional preparation for elections, that’s why they suggested to organize trainings for journalists in order to raise quality of covering electoral campaign.
II. VIOLATIONS OF RIGHTS OF MASS MEDIA AND JOURNALISTS (up)
1. Unfounded demands to censor publications
April 8 Khuriniso Alizoda (Dushanbe City) Editorial board of parliamentary newspaper Sadoi Mardum (People’s Voice) held a meeting to discuss an article written by the newspaper correspondent, Khuriniso Alizoda titled as “Zieien hama mansabdorand” (All intelligentsia are positioned). This article was published on 4 April 2004 in Ruzi Nav independent newspaper which has criticized a number of governmental publications, including the parliamentary newspaper. Editor-in-chief and the editorial board of the newspaper insisted Khuriniso Alizoda to explain why she did not submit the article for their approval before it had been published. The journalist was also reproached for her close cooperation with different international organizations, which made her “too smart”. According to Kh. Alizoda, the editor-in-chief uses whatever reasons to punish her. April 17 Faiz Mirsanov (Badakhshoni Kuhi Region) In mid-April, Fazilat Rustamova, the deputy chairman of Badakhshoni Kuhi Administration participated in a meeting hosted by TV and Radio Department of Badakhshoni Kuhi Region. During the meeting, a correspondent of TV Badakhshan Faiz Mirasanov noted that the regional Hukumat (Administration) should stop hindering correspondents, while doing their job. Mirasanov took an example of the Hukumat order to prohibit broadcasting several programs and also journalists, who had to write explanatory notes to Hukumat every time local officials did not like broadcast program.
COMMENTARY In the last few months, there have been cases of censorship whereas Article 30 of the Constitution of RT prohibits State censorship, and each citizen has a right to freely express their beliefs and opinions, distribute them in any form through press and other mass media. In spite of the fact that regional TV is the State’s one, officials of the Hukumat do not have right to interfere in their activities. Second example shows the “editorial” censorship. If the journalist published an article in “her” parliamentary newspaper, then the requirements of the editor-in-chief are understandable and he has a right to reject the material according to the legislation on mass media. However, this case refers to publishing the article in “another” newspaper, which is not his one, thus his demands are groundless.
2. Refusal to present information important to the public
April 8 Tilav Rasulzade (Khujand) According to Biznis i politika (Business and Politics) weekly, correspondent of Varorud information-analytical agency Tilav Rasulov at the end of March appealed to the deputy head of Sogd Regional Agricultural Department, K. Karimov to get information on the spring field works. However, Karimov stated that correspondent had to get Maksudov’s permission (the head of the department). Having clarified purpose of the visit, N. Maksudov asked to wait referring to being too busy. When correspondent complained and noted that he was already waiting for a few hours to get important information, N Maksudov told him that he would not permit any of his officers to talk to him, including his deputy”. April 8 Foreign mass media (Sogd Region) On 6 April Abdusame Dodoboev, deputy general prosecutor of RT, roughly refused to present information to foreign journalists, accredited in Sogd Region. During two weeks correspondents of Radios Freedom, BBC, Khuroson and Deutsche Welle could not receive information on detention of members of the so-called extremist religious group Bayat in Isfara District. For clarifying this information, journalists appealed to local law enforcement authorities. Law enforcement officers told journalists that they were not authorized to give such information, since this matter concerns the General Prosecutor’s Office of RT. Then, correspondents of above-listed radio stations called to the Abdusame Dodoboev deputy General Prosecutor. Abdusame Dodoboev promised journalists to instruct Sohib Sulaimonov, representative of General Prosecutor’s Office in Isfara to present necessary information. However S. Sulaimonov, during his meeting with journalists, told that the administration gave him no instructions to do that. After that, journalists had to call A. Dodoboev once again. This time A. Dodoboev told: “Write whatever you want but we won’t give you any information”. April 9 Madina Safiddinova (Khujand) On 8 April, the Central Hospital and Prosecutor’s Office of Jabbor Rasulov District refused to present information to Madina Safiddinova, a correspondent of Varorud information-analytical agency. The correspondent searched for information on the situation of hospitalized teens battered during fights between students of two village schools of Tajikobod and Proletarsk of Jabbor Rasulov district. Bazarbai Aliev, the Central Hospital Senior Doctor did not only refuse to present information but forbade the correspondent to meet with the victims. Bazarbai Aliev promised journalist to present detailed information later and advised her to appeal to the district prosecutor’s office. However the district prosecutor Rahim Jangiev, referring to secrecy of investigation, did not give any information to the journalist. April 10 Turko Dikaev (Kulob) On 9 April commander of the headquarters of the Interior Affairs Department of Khatlon Region, lieutenant colonel Khushkadam Fazilov refused to present information to own correspondent of Asia-Plus independent informational agency in Khatlon Region, Turko Dikaev. Journalist was interested in a report of incidents in the region for the last three months and details of the traffic accident, which caused death of investigator of prosecutor’s office. April 19 Olga Senchuk (Dushanbe) Readers of VID weekly sent a question to the newspaper editorial about legal grounds provided for police officers to forbid distributors selling newspapers and magazines on the streets of Dushanbe City. In order to clarify the question, Olga Senchuk appealed to press-center of the Interior Department Ministry. Since she did not get any information clarifying the question, the journalist asked to meet with the Minister, however she was told that the Minister is too busy and frequently has business outside the city, therefore it would be difficult to meet with her. Journalist had to search for information in some other places. April 20 Olga Senchuk, Vemya i Dengi (Time and Money) On April 20, 2004, Olga Senchuk, a correspondent of Vremya i Dengi weekly, searching for address of pensionary department, called to the Ministry of Labor and Social Protection, in order to report it to the newspaper readers. However, officer of the ministry did not answer and rang off. He also ignored second phone call. April 27 Olga Senchuk, Vremya i Dengi (Time and Money) During two days, on 26 and 27 April, Olga Senchuk, a correspondent of Vremya i Dengi weekly, phoned to the Department of Firefighting Service in order to find an answer to the question raised by the newspaper readers about the exact date the fire rose up on bazaar “Korvon”. Head of the Department, Avaz Boboerov did not answer this question and told that the General Prosecutor’s office was the only body, which conducted investigation. He did not even mention the date and causes for fire.
COMMENTARY Freedom of Speech, Press and right to use mass media are guaranteed and protected by the Constitution of the Republic of Tajikistan, Article 30, except for the data connected with State secrets. Journalists were interested in legal questions, which didn’t relate to the state secret or classified information. In the third example, the district prosecutor could give short description of an incident, not even mentioning the names and surnames of teenagers. In addition to this, Article 31 of the Law “On Press and other Mass Media” gives right to a journalist to search for, 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 provide necessary information to Mass Media. According to the Article 27 of the Law of the Republic of Tajikistan, refusal to provide the information requested by representative of Mass Media outlets may be appealed to higher body or official and later to a court.
3. Groundless limitation in provision of information important to the public
April 7 Bibikhonum Darveshzoda (Dushanbe) On 7 April correspondent of Minbari Khalq governmental newspaper Bibikhonum Darveshzoda phoned to the Parliament of Tajikistan, particularly to Sherkhon Salimov, member of constitutional rights committee, to find out about amendments introduced to criminal legislation on human trade. However she was asked to call the next day. April 8 Ozod Mirzojonov (Badakhshoni Kuhi Autonomous Region) On 6 April Ozod Mirzojonov, a correspondent of Radio Badakhshan appealed to Avazjon Nazarov, the prosecutor’s senior assistant of Badakhshoni Kuhi Autonomous Region that controls over decisions legality made by courts on criminal cases. The journalist was interested in criminal cases initiated upon facts of illegal sale of narcotics for the last three months of 2004. Nazarov explained to the journalist that he could give this information only after he gets his chief permission. However the administration permitted A. Nazarov to give 2003 information only. Thus, correspondent did not manage to receive information about accomplished criminal cases on fact of illegal sale of narcotics and activity of prosecutor’s office for the last three months. April 28 Salima Vahobzade, Vremya i Dengi (Time and Money) S. Vahobzade, a correspondent of Vremya i Dengi weekly addressed to the Foreign Ministry of RT in order to find out the exact number of embassies and diplomats, functioning in Tajikistan. She had to persuade Shermahmad Niyesov, an officer of accreditation department, to provide the number requested. After Vremya i Dengi weekly had published information, Sh. Niyesov phoned her and complained that the publishing will cause him a lot of problems with Foreign Affairs administration. He also told that he would never give any information to S. Vahobzade.
COMMENTARY Freedom of speech and press and right to use mass media are guaranteed and protected by the Constitution of the Republic of Tajikistan, Article 30, except for the data constituting state secrets. According to Article 27 of the Law of RT “On press and other mass media”, citizens have right to receive reliable information about activities of the state structures, public associations and state officials, i.e. the law directly prohibits state authorities and officials to involve journalists in any bureaucratic procrastination, while they are requesting for information about their activity. It means that such artificial limitations in receiving information are illegal.
4. Threats toward journalists
April 3 Safvat Burhonov (Dushanbe) Two officers of the Ministry for Emergency Situations and Civil Defense of RT, lieutenant colonel Sadi Mirzoev and colonel Rajabov came to editorial office of Nerui Sukhan weekly. They rudely requested Safvat Burhonov, an author of the article “General Ziayev and homeless colonel”, to explain his purposes to write the article about General Ziayev and who gave him such right. Their speech was filled with obscenities and threats. April 7 Muhiddin Idizoda (Dushanbe) On 5 April the State Center for Drug Examination phoned to Muhiddin Idizoda, a correspondent of Nerui Sukhan weekly, told that they wished to meet with the journalist and discuss an article which had criticized Dushanbe drug stores. During meeting, the Center general director Bahodur Kholnazarov had threatened journalist with initiation of action against him, so that the journalist will “pay” for everything he had written. The journalist tried to explain B. Kholnazarov that his article was prepared according to established facts, received as a result of numerous interviews with doctors. However the general director kept cursing and threatening the journalist. April Turko Dikaev (Kulob) A few people stopped Turko Dikaev, own correspondent of Asia Plus independent informational agency on a street of Kulob. Unknown persons threatened him to “punish him, because he thinks he is the city boss”. These threats had to do with an article referring to the speech of Turko Dikaev during international seminar. The speech contained information on growing number of homoplasty cases, which are the last resort for Kulob girls, deflowered before marriage.
COMMENTARY According to the Article 36 of the Law of the Republic of Tajikistan “On Press and other Mass Media”, constraining a journalist to spread or not to spread information using violation, property destruction or damage, as well as threats to carry out the aforementioned, constitutes corpus delicti. Unfortunately, administrative legislation does not provide for responsibility of a person threatening journalists, because of their professional activities. At the same time, threats with murder or physical trespass, if there is a reason to beware of carrying out this threat constitute corpus of crime, provided by the article 120 of the Criminal Code of the Republic of Tajikistan. We strongly recommend journalists to appeal to the departments of Interior Affairs, which is to carry out investigation into the aforementioned cases.
5. Hindrance of legal professional activity of journalist
April 8 Shuhrati Rahmatullo (Dushanbe) On April 5 correspondents of Ruzi Nav weekly were informed that employees of Dushanbe fat-and-oil industrial complex staged a protest demonstration against reduction in staff, near the Hukumat building of Sino District. In twenty minutes, correspondents of this publication, equipped with dictaphones and cameras came to the place of event. Deputy Mayor of the city, Pulod Muhiddinov and chairman of Khurokvori Corporation, Mr. Gulov addressed people, participating in the demonstration, in order to solve the problem raised. At the same time, correspondent of Ruzi Nav weekly Shuhrati Rahmatullo managed to take a few pictures. As soon as P. Muhiddinov noticed that, he called Shuhrati Rahmatullo and asked: “Who permitted you to take pictures?”. After that, one of the police officers, taking him to the territory of the plant, took off his camera and tried to destroy the cadres. But not being unable to deal with digital camera, he returned it to journalist and started cursing him. April 8 Nosirjon Mamurzoda (Dushanbe) On 5 April correspondent of Ruzi Nav weekly Nosirjon Mamurzoda and his colleague Shuhrati Rahmatullo were taken to the Security Ministry of RT. As Nosirjon Mamurzoda told, he and his colleague Shuhrati Rahmatullo took part in unsanctioned meeting of the officers of fat-and-oil industrial complex, which was held because of reduction of the staff in that complex. When one of the police officers took off the camera of Sh. Rahmatullo, his colleague Nosirjon Mamurzoda decided to phone to the editorial board and tell them what had happened. But two police officers, senior lieutenant Tavalloev and lieutenant Sherov approached him and asked to tell address of his work place, before the journalist came to the telephone box. Then, the journalists were taken to the Security Ministry. There, security officers took their digital camera into close consideration but having discovered no criminal cadres, officers of the Ministry apologized and released journalists. April 21 Turko Dikaev (Kulob) On 20 April 2004, Richard Hoagland, the US Ambassador to Tajikistan, was supposed to come to Kulob City. Own correspondent of independent informational agency Asia-Plus Turko Dikaev was prohibited to attend an official meeting conducted in Guliston settlement. Sharofat Sangova, deputy mayor of Kulob told Turko Dikaev that since now he is prohibited to attend any event organized by the hukumat. The main reason for such attitude was the journalist’s article “A bad theme” published on 5 February 2004, by Ruzi Nav newspaper, which criticized Kulob girls. In this article, the author made a reference to the journalist Turko Dikaev who shared his opinion about prostitution during one of Dushanbe round tables. April 26 Radio BBC, Radio Ozodi (Freedom) (Khujand City) On April 24 correspondents of Persian service of BBC Radio, Parvon Firuz and Tajik service of Ozodi Radio, Masum Imomova were not allowed to take part in press conference of famous Persian pop-star Andy, who arrived at Khujand to give a concert. According to Masum Imomov, personal security of a famous singer did not hinder journalists and even invited them to participate.
COMMENTARY Legislation of the Republic of Tajikistan (Article 30 of the Constitution and Article 2, 36 Law “On 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, press, right to use mass media. According to the Article 31 of the Law “On Press…” a journalist has the right to search for, receive and distribute information, make any records including using audiovisual devices, camcorders and cameras, except for cases provided by Law. Any form of the obstruction of legal and professional activity of journalist constitutes a corpus of crime, set by Article 162 of the Criminal Code of the Republic of Tajikistan.
III. CONFLICTS. VIOLATIONS, INCRIMINATED TO MASS MEDIA AND JOURNLAISTS (up)
1. Claims to protect honor and dignity followed from publication of certain data
April 15 Mustafo Rasulov (Vahdat) On April 14 Vahdat District Court started to examine a lawsuit initiated by I. Gulov, mayor of Vahdat City, against a journalist Rasulov. The mayor demands him to pay 30 thousand somoni compensation (10,3 thousand USD) for humiliation of his honor and dignity by an article published in Neruyi Suhan newspaper. Editorial boards of “Nerui Sukhan” and “Tojikiston” were also summoned by the court as co-defendants. April 28 Saidali Siddikov, Vecherniy Dushanbe weekly On 28 April, an editor of Vecherniy Dushanbe weekly was summonsed to Firdausi District Court to be familiarized with a lawsuit of N. U. Amirov. The cause of the claim was an article, written by a lawyer S.Juraev “There is power over Judges” published in Vecherniy Dushanbe newspaper (¹10, 05.03.2004), where he defended O. Ashurov in court, who was accused of robbery. During judicial process, which was carried on under chairmanship of the deputy chairman of Dushanbe City Court N.U.Amirov, S. Juraev discovered a number of violations of remedial legislation and described them in detail in his article. N.U. Amirov considered the publication of this article as damaging his honor and dignity. Not having refuted all facts, stated in the article, N.U. Amirov brought the following lawsuits against newspaper: - Oblige editorial board of Vecherniy Dushanbe to publish refutation of article of S. Juraev - Oblige editorial board office of Vecherniy Dushanbe to indemnify him 30 thousand somoni for moral damage - Attach materials to a case, inquired from Council of Justice of RT and the Supreme Court of RT
COMMENTARY Our monitoring, registers lawsuit against mass media on protection honor, dignity and business reputation for the first time. A court shall consider cases on protection of honor and dignity according to Article 172, 174 of the Civil Code of RT. Mass Media is burdened to prove that published data is true. On the other hand, plaintiff is to prove the fact that his non-property rights were damaged. Mass media is blamed only if publication contains information, but not opinion and belief, for which functioning legislation does not establish responsibility. Besides, publications should be unauthentic and humiliating honor, dignity and business reputation of plaintiff. In the first case, the request of plaintiff to bring apology is not based on law. In the second case, plaintiff brings a lawsuit only against the newspaper but not against the author of the article, although at this category of cases, mass media should come forward as co-defendant. The amount of money asked for moral damage is too high. We hope for justified and unbiased court hearings.
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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