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May 2004
II. violation of rights of journalists and mass media III. violations incriminated to mass media
In May 2004 Monitoring of the violation of the rights of journalists and Mass Media in Tajikistan had registered 30 reports. Eight of them determine actual position of Mass Media in the light of socio-legal and political atmosphere of the month. Seventeen of them give information about direct violations of the rights of journalists and Mass Media, 5 cases 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. Assessments of actual position of mass media and freedom of speech
May 18 All mass media (Dushanbe City) A report of State Secretary of the United States, Collin Powel “Supporting Human Rights and Democracy: US actions”, distributed on 18 May 2004, particular attention was paid to the situation of mass media in Tajikistan. The report in particular says: “The government has enacted new laws, limiting freedom of speech and mass media, and tortured a few independent newspapers”. It further says that in 2003 within the framework of US programs on promotion of democracy in RT, it was expended $7,5 million for different programs, including mass media in order to strengthen democratic procedures among citizens and institutions.
2. Journalists actions to protect their civil and political rights
May 12 All mass media (Kulob City) On 11 May 2004, the National Association of Independent Mass Media in Tajikistan (NANSMIT) conducted a seminar in Kulob City “Interaction of organs of prosecutor’s office with mass media and public”. It was organized within the framework of the project “Supporting mass media in Tajikistan” and under financial support of the National Endowment for Democracy. Journalists and representatives of prosecutor’s offices of Khatlon Region participated in the seminar. They took mini-lectures on themes such as: “The role of modern mass media in covering activities of government branches”, “Role of publicity in the activity of prosecutor’s office organs”, “Access to information from organs of prosecutor’s office” and others. Each topic was discussed using interactive methods and cast huge interest among participants. Trainers of the seminar were the head of the department of legal assistance and information center of General Prosecutor’s Office of RT, Sabagul Kurbonova, senior advisor of justice, Shohin Khaskashev and senior prosecutor of Cadres Department of General Prosecutor’s Office of the RT, and also Nuriddin Karshiboev, chairman of the NANSMIT. Seminar participants were recommended to improve cooperation between of prosecutor’s organs, mass media and people. May 24 All mass media (Khorog City, Badakhshoni Kuhi Autonomous Region) On 22 May 2004 IFEX organization has initiated to establish “Pamir-Mass Media-Center”, created to support local mass media. According to the head of the center Kurbon Alamshoev, main objective for establishing such center was to improve mass media situation, widen field of information in Badakhshoni Kuhi Region, creating technical assistance for journalists (Internet and computer supply) and conduct seminars and trainings for them. Participants of opening ceremony expressed satisfaction on establishment of that Center and noted that it could unify all efforts of regional journalists in development of mass media, and help to teach young journalists. May 24 All mass media (Dushanbe City) On 24 May 2004 the National Association of Independent Mass Media of Tajikistan hosted a roundtable on “Access to social important information”, presentation of the second report “Access to information in Central Asia (Monitoring and analysis of violations of rights of journalists and mass media in Tajikistan)”. This report was prepared within the framework of the Project of supporting mass media in Central Asia, organized by Swiss Organization CIMERA, financed by Swiss Agency for Development and Cooperation (SDC). Officers of press-services of ministries and departments of Tajikistan, local and foreign journalists took part in this event. Head of the SDC in Dushanbe Daniel Sust, Deputy Chairman of Tajik Social Democratic Party Shokirjon Hakimov and also Chairman of the NANSMIT Nuriddin Karshiboev spoke before participants. When addressing participants, Daniel Sust, Head of the SDC in Dushanbe told: “Regarding forthcoming parliamentary and presidential elections 2005/2006, the role of mass media becomes more significant. By presenting socio-economic information, mass media contributes to a process of taking deliberate decision by population”. After discussing the report, participants of the roundtable were recommended to support activity of Monitoring of rights of journalists and mass media, and also they proposed to develop a strategy to protect journalists and independent mass media, and contribute to lobbying bills, which would promote legislative base of mass media activity. May 27-28 All mass media (Dushanbe City) The National Association of Independent Mass Media in Tajikistan hosted a training on “International experience to protect freedom of speech” in Dushanbe on May 27-28 to discuss issues “How to protect freedom of speech and provide security over journalist’s activity in Tajikistan, using international experience?”. Training was organized within the program of the International Association for Freedom Exchange (IFEX) in Central Asia. Local journalists, representing all regions of the republic took part in the training. During the training coordinator of IFEX program in Central Asia Salla Kayuhke, director of the Center of Journalism for Extreme Situations (CJES) Oleg Panfilov, and expert of the CJES for Ekaterenburg City Sergey Plotnikov told participants how important to draw attention of international community to authorities’ pressuring mass media. Important sections of training were the topics on protection of journalists, conducting journalistic investigation into cases of violence, involving their colleagues, issues of security and activities with sources of information. Journalists had a chance to get acquainted with organizations, working in the field of protection of journalists, chart and structure of receiving and presenting information; they and also received additional knowledge on making an alarm signals on facts of threats and illegal interference in activity of mass media. May 31 All mass media (Dushanbe City) On May 29 a seminar on “Interaction of law enforcement bodies with mass media” took place in Dushanbe. It was organized by the National Association of Independent Mass Media in Tajikistan (NANSMIT) under financial support of the National Endowment for Democracy (NED). Director of the Center of Journalism for Extreme Situations (CJES) Oleg Panfilov, legal expert and senior advisor of justice in Moscow V.N. Monakhov, and expert of the CJES for Ekaterenburg City Sergey Plotnikov were the trainers of the seminar. Tajik deputy minister of culture, Pr. I. Usmonov, journalists from different parts of Tajikistan, officers of press-center of Tajik Ministry of Interiors and other representatives of law enforcement structure were invited to the seminar. Participants considered issues of a role of modern mass media in covering activities of State authority, problems of access to information and familiarized themselves with Russian and foreign experience of legal regulation of access of citizens to governmental information. It was noted that journalists needed to study and practice all opportunities, presented by the legislation of the RT.
II. VIOLATIONS OF RIGHTS OF MASS MEDIA AND JOURNALISTS (up)
1. Violations of constitutional guarantees for freedom of creation
May 16 Mohirai Paishanbe (Ishkashim District, Badakhshoni Kuhi) On 15 May, in response to the request of Hukumat of Badakhshoni Kuhi Region and Ishkashim District to publish the article of Haknazar Nekbin “You are not Hukumat’s opposition” in the district newspaper “Zindagi” (Life), newspaper correspondent Mohirai Paishanbe published an article wherein she told that Hukumat should not limit an activity of journalists and force them publish separate articles. Moreover this article, covered the whole page of the newspaper, was an opinion of one person and does not have anything to do with the whole district. In her turn, deputy chairman of Ishkashim Hukumat Alibegim Khonjonova complained about the article of Mohirai Paishanbe and stated that “Zindagi” newspaper was governmental newspaper and Hukumat’s tribune, and journalists do not have right to work against Hukumat. According to newspaper correspondents, this was not the first time Hukumat forced newspaper to publish “necessary” materials.
COMMENTARY According to Article 2 of the Constitution of the RT, print and other types of mass media have a right to freely express their judgments and opinions, to distribute them through any mass media. Prosecution and censorship imposed by the state bodies on critics are prohibited by law. Consequently, nobody is entitled to dictate a journalist what and how to write. Hukumat demands are unlawful, because they would anyway contradict constitutional guarantees on freedom of creation.
2. Threats toward journalists
May 09 Muhiddin Idizoda (Dushanbe City) On 7 May 2004 an unknown person phoned correspondent of independent newspaper “Nerui Sukhan” (Power of speech) Muhiddin Idizoda to his house and quite roughly asked the journalist who was the author of an article “Who controls the destiny of our nation”, published in “Nerui Sukhan” weekly on 6 May, 2004. Muhiddin Idizoda tried to explain the stranger that he has been sick for two weeks, and advised him to call to the editorial board of “Nerui Sukhan”. However, the stranger started to contend that as far as he knew, Muhiddin Idizoda had written that article. In that article, author wanted to offend the President of the country and all residents of Dangara District (the actual President of the RT Rahmonov is from Dangara District). By the end of their conversation, the unknown person, offending with obscene words, threatened that if he learns that Muhiddin Idizoda was an author of that article, the journalist would be punished by all Dangara residents. May 17 Turko Dikaev (Kulob City) On 17 May, 2004 personal correspondent of independent news agency “Asia-Plus” in Khatlon Region Turko Dikaev was still being pressured because of his article in “Ruzi Nav” weekly of 5 February, 2004 where he, in particular told about Kulob girls, being deflowered before marriage have to resort to homoplasty. So, on May 17 a few men called the journalist to go down to street. As it was cleared up, matchmaking of their daughter was under threat because of public response triggered by “false statement of the journalist about overall prostitution among young girls”. And only the interference of journalist’s neighbors, who were alarmed by heavy knocks to the door, prevented conflict. Unknown visitors left, threatening: “We’ll be back again, if the marriage is cancelled”.
COMMENTARY According with the Article 36 of the Law of the Republic of Tajikistan “On Press and other Mass Media”, constraining a journalist to spread or refuse to spread information, using threats with violence, property destruction or damage, at the same time violating rights of journalist by means of threat, constitutes a corpus of crime At the same time, threatening to kill 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, cases of threats towards journalists are not decreasing and such violations drop out of sight of the legal machine. We strongly recommend journalists to address to the departments of Interior Affairs by receiving every threat concerning themselves or their relatives in order to make an inspection and institute proceedings in case of its validity.
3. Groundless refusal to present information important to the public
May 12 Gulnora Amirshoeva (Dushanbe City) Correspondent of “Vecherny Dushanbe” weekly Gulnora Amirshoeva addressed to Dushanbe prosecutor Kh. Vohidov with request to discuss possibility to reorganize flats of the first floors to bars, restaurants and stores. This request provoked mass complaints of people living in the house and consequently, Dushanbe prosecutor’s office conducted a raid. However, A. Vohidov refused to present information to journalist, referring to an interview, he gave to state newspaper “Jumhuriyat”. The journalist objected that all newspapers have equal access to information, and got negative response: A. Vohidov, referring to Article 7 of the Constitution “On organs of prosecutor’s office” simply refused to talk to the journalist. He also warned and forbade his deputy to give interview to G. Amirshoeva. May 09 Turko Dikayev (Kulob City) On 8 May 2004 personal correspondent of independent news agency “Asia-Plus” in Khatlon Region Turko Dikayev addressed to the deputy head of Interiors Department of Shuraobod District lieutenant colonel E. Safarov to get a few questions answered. But unfortunately E. Safarov refused to give an interview. He motivated his refusal by strict instructions of the deputy minister of Interiors of RT, A. Rajabov: “Don’t get in touch with journalists or give them interview”. According to E. Safarov, the deputy minister was in Shuraobod District on 7 May and during session of officers of Interiors Department of the district forbade any contacts with journalists. According to Turko Dikayev, it was impossible to phone Interiors Ministry of RT in Dushanbe to explain the problem because Shuraobod District was out of phone service. “But there is a ground to believe in the deputy minister’s instruction, since lieutenant colonel E. Safarov could refuse to talk to the journalist” – Turko Dikayev noted. -“However, having received journalist at his office and when he made sure that Turko Dikayev was a journalist, he refused to talk to him anyway. May 14 All journalists (Kulob City) On 14 May 2004 personal correspondents of different informational agencies (IA) of Tajikistan in Khatlon Region Turko Dikayev (IA “Asia-plus”), Asliddin Dostiev (IA “Varorud”) and editor of informational center “Khatlon Press” Suhrobsho Farukhshoev wanted to receive information about the number of youths who did not come to Khatlon Regional Recruiting Center during spring call-up. Military commissar of the region lieutenant colonel A. Demponayev refused to give information to journalists and noted that law enforcement organs and prosecutor’s office do not come up to forced recruitment of those youths who do not respond to the call. May 17 Valentina Kosymbekova (Dushanbe City) Independent journalist Valentina Kosimbekova on 17 May 2004 phoned to the reception desk of deputy prime mister of RT, chairman of the National Committee for HIV/AIDS Control Khairinisso Mavlonova. The journalist wanted to interview him regarding measures taken by the government in this field. Senior inspector Gulchehra (she refused to tell her surname saying that it was not necessary for the journalist) answered the call. Not listening to the end, the senior inspector noted that deputy prime minister was too busy to talk with journalist, and anyways she did not like journalists and never gave interview for any journalist. At the same time, Gulchehra referred to a good knowledge of Kh. Mavlonova’s character with whom she has been working during 15 years. After that, Gulchehra dropped up the phone, and did not answer to repeated phone calls. May 28 Karina Osepyan (Dushanbe City) At the interview of Informational Agency “Avesto”, on May 26 2004 chairman of “Barqi Tojik” (energy company) Company Abdukarim Niyezov refused to comment the results of his visit to Tashkent where the sides would have to discuss issues of a transit of Tajik energy to Russia through Uzbekistan. A. Niyezov noted, “It is not important to cover everything in press, the sides would discuss it by themselves”. First deputy minister of energy of RT Aleksei Silantev, for his part, refused to inform about detailed talks and in particular said “all journalists are liars, and I’m afraid that you would turn information upside down”. According to Karina Osepyan, it was her first time to talk to Aleksei Silantev and he could not judge her professional quality. Also he personally refused to meet with “Avesto” correspondent Karina Osepyan and noted that he did not have time. May 10 Jamilla Huseinova (Dushanbe City) On 10 May 2004 correspondent of “VID” weekly Jamilla Huseinova phoned to M. Shamsiddinov, press secretary of the Committee for Physical Training and Sport of the RT. Journalist interested to find answers to some of her questions regarding sport cadres and situation of sport in Tajikistan. However having refused to answer, M. Shamsiddinov noted that it was necessary for him to take a permission of the chairman of that committee Sulaimon Abduvohidov. The next days, they told journalist that M. Shamsiddinov was not at the workplace or he went out. This has lasted for two weeks and after that it was clear that M. Shamsiddinov just did not want to give information to this newspaper despite the fact that he regularly was publishing materials about sports in governmental newspapers. May 14 All journalists (Kulob City) Personal correspondents of different informational agencies (IA) of Tajikistan in Khatlon Region Turko Dikayev (IA “Asia-Plus”), Asliddin Dostiev (IA “Varorud) and editor of informational center “Khatlon Press” Suhrobsho Farukhshoev addressed to military prosecutor’s office of Kulob military garrison, colonel B. Ubaidulloev and tried to find out about lawfulness of the recruitment of youths by Kulob commissariat. However, colonel B. Ubaidulloev staying true to his principle – to give information only to Kulob TV, refused to admit journalists once again.
COMMENTARY Our monitoring for the last months more often registers such violations of different state organs, whereas freedom of speech, press and right to use mass media are guaranteed and protected by Article 30 of the Constitution of RT, except for the data constituting state secret. Besides, Article 31 of Law “On press and other mass media” and Article 28 of the Law of RT “On information” gives a journalist a right to seek for, receive, and spread information in any legal way. According to Article 31 of the Law of the RT “On press and other mass media” a journalist has a right to be admitted by officials in view of his professional responsibilities be fulfilled. In the given case, it’s obvious that the official was authorized to give information to the journalists and responsible to admit them. Unfortunately we observe the passivity of journalists to defend their rights through official appeal to court.
4. Groundless limitation to present information important to the public
May 24 Jamilla Huseinova (Dushanbe City) Iran Embassy to Tajikistan invited correspondent of “VID” weekly Jamilla Huseinova to participate at the meeting of the working group of Iran specialists with the Minister of Physical Culture of the RT, R. Amirov that was appointed on 24 May 2004. Jamilla Huseinova came in the building of the Ministry of Culture at 17.30; officer of that ministry Jahongir Sidirov met him at the door and asked what was the purpose of her visit. Having introduced herself and telling that she was invited there, Jamilla Huseinova wanted to enter the building, however Jahongir Sidirov did not let her in and instructed a police officer, securing the building to obey his instructions. Jamilla Huseinova stayed by the building of the Ministry of Physical Culture until their meeting ended and took interview from Iran Ambassador F.Porso right in the street at seven o’clock. May 28 All mass media (Vose District) On 11 May 2004 at the weekly session, chairman of Vose District Alimurod Tagaimurodov stated that he was forbidding all State officers of Vose district to present information or give interview to any correspondent of a TV, radio or press, without his permission. This was informed by the Head of Ideology Department of District Hukumat Suhrob Tabarov to correspondents of independent TV “Mavji Ozod”.
5. Hindering legal professional activity of journalists
May 18 Gulamon Alierova (Khorog City, Badakhshoni Kuhi Autonomous Region) On 16 May 2004 shooting team of TV “Badakhshan” headed by correspondent Gulamon Alierova intended to shoot a report at Khorog city market regarding increase in food prices. At the market a young man came up to correspondent Gulamon Alierova, firstly he introduced himself as an officer of market administration and then asked to put away the camcorder. He noted that they had to take permission of the administration before they start shooting. Though journalists assured him that the report would not take on a negative character, they were prohibited shooting. Having decided not to raise a conflict, the team stopped shooting. According to Alierova, this was not the first time, when TV correspondents were not allowed to make shootings at the market. “The market seems to be turned into a place of custodial supervision and correspondents have to get a permission in order to shoot something”, - Gulamon Alierova said. May 19 Gulamon Alierova (Khorog City, Badakhshoni Kuhi Autonomous Region) On 18 May 2004 taking into account complaints of Khorog residents on public transportations problems, correspondent of TV “Badakhshan” Gulamon Alierova together with a shooting team intended to shoot a material about the city’s “terminal”. During shooting, a young man came up to them and rudely asked to take away camera-recorder. When journalists requested to introduce himself and show his document, a man rudely answered that he was an officer of the “Terminal”, and it was forbidden to shoot that territory. According to Alierova, she tried to explain a young man the purpose for shooting but not listening to the end he asked a shooting team to get away.
COMMENTARY The Law 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 and right to use mass media. According to the Article 31 of the Law “On Press…” the journalist has the right to search for, receive and distribute information and 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 constitutes corpus of crime, set by Article 162 of the Criminal Code of the Republic of Tajikistan.
6. Groundless summons to law enforcement organs
May 14 Turko Dikayev (Kulob City) On 13 May 2004 personal correspondent of independent informational agency “Asia-Plus” in Khatlon Region Turko Dikayev was summoned to talk with lieutenant colonel of police Rustam Temurov. The topic of their conversation was about an article published in “Rusi Nav” weekly on 5 February 2004 where it said that Kulob girls, being deflowered before marriage have to resort to homoplasty. According to Turko Dikayev, this situation was eccentric, because the lieutenant colonel mainly deals with personal security in regional divisions, but does not police ”morals”. Rustam Temurov was asked to take such responsibility since the head of Khatlon Regional Health Department Abdulmajid Haknazarov did not wish to be involved with judicial cases and even appealed to Interiors Minister of the country for help. The journalist and the lieutenant colonel did not have conversation strictly on the subject since the lieutenant colonel did not read the newspaper article. The journalist refused to talk with such uninformed interlocutor and left his office. The lieutenant colonel promised to have next meeting…
COMMENTARY A citizen may be invited to the law-enforcing bodies only in cases and for reasons, provided by Law, and an official who invited a citizen is obliged to inform him on accusations brought forward against him and causes for such accusations. In case there is no cause, a citizen has a right to sue the official.
7. Request to disclose the secret of authorship
May 15 Subhon Koshonov, governmental newspaper “Jumhuriyat” (Governance) Chairman of Social Democratic Party Rahmatullo Zoirov had sent a letter to the editor in chief of Jumhuriyat newspaper. In his letter he asked to disclose pseudonym of an author who published an article “Women are disappearing” wherein journalist told about personal life of Rahmatullo Zoirov, and spread news discriminating his reputation. Rahmatullo Zoirov requested to sort out his relationships with the author of that article publicly and requested to publish refutation. Otherwise, according R. Zoirov, he would appeal to court and bring a lawsuit for causing moral damage amounting to $120,000.
COMMENTARY The request of the party’s chairman is not based on law. According to the Article 31 of the Law of RT “On press and other media” journalist has right to keep his authorship in secret. Mass media has a full right not to reveal a secret, and a person can appeal to court, what actually happened later.
8. Groundless hindrance to spread mass media
May 26 Muhabbat Jurayeva, Mahmudi Ashurmuhammad (Konibodom City) There is no newspaper kiosk in Central market “Farovon” of Konibodom. Businessman Muhabbat Jurayeva and personal correspondent of independent weekly “Sogd” in Konibodom Mahmudi Ashurmuhammad have been engaged in street-selling newspapers. Their requests to administration of the market and local Hukumat to provide a place to instal a newspaper kiosk produced no result. In 2003 M. Jurayeva received a response from the deputy chairman of Konibodom City, member of the Journalist’s Union of Tajikistan, Numon Muminova. The letter in particular said that architecture of the city market does not allow to instal newspaper kiosk. In 2004 capital newspaper “Tojikiston” published an official letter of M. Jurayeva concerning these issues. However author did not receive any reply yet. Chief architect of the city Bakhtiyor Kurbanov, advised M. Jurayeva to sell newspapers at market stalls where other vendors sell their goods. According to M. Jurayeva, selling newspapers in the street has negative influence upon quality of press production. It should be noted that those newspaper stalls, which existed earlier, belonged to “Soyuzpechat”, has been privatized and now owners of these kiosks sell wine, vodka or other alcohol productions.
COMMENTARY According to Article 2 of the Law of RT “On press and other mass media” press and other media are free. 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. Such artificial limitations in spreading periodical publications do not contribute to freedom of speech proclaimed by the Constitution of the country.
III. CONFLICTS. VIOLATIONS INCRIMINATED TO MASS MEDIA AND JOURNALISTS (up)
1. Demands of protection of honor, dignity and business reputation, following from facts of publication of curtain information
May 24 “Jumhuriyat” newspaper (Dushanbe City) Chairman of Social Democratic Party of Tajikistan Rahmatullo Zoirov brought a lawsuit to Firdausi District Court of Dushanbe City against governmental newspaper “Jumhuriyat” for disclosing facts of his personal life, discriminating his reputation by the article “Women are disappearing”. In the article it was noted that R. Zoirov’s wives disappear, although actually, according to himself, it was a single case when his wife had fled and disappeared in Uzbekistan during Tajik Civil War. According to the deputy chairman of the party Shokirjon Hakimov, it’s the third case for the three months when “Jumhuriyat”, “Nerui Sukhan” and “Ruzi Nav” newspapers published articles criticizing Social Democratic Party and its leader. May 07 Saidali Siddikov, “Vecherny Dushanbe” weekly On May 7 2004 Firdausi District Court of Dushanbe City conducted a first hearing of the lawsuit of deputy chairman of Dushanbe N. Amirov against editorial board of “Vecherny Dushanbe” weekly. According to solicitation of both sides that proposed for objective consideration of the case, Firdausi court decided to send the case to the Supreme Court. Tajik Supreme Court must decide which city or district court(except for Dushanbe City Court, headed by the plaintiff) would consider the lawsuit.
COMMENTARY Arguments on protection of honor and dignity are considered by court 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 facts and information, but not opinion and belief, for which functioning legislation does not establish responsibility. Besides, publications should be unauthentic and damaging honor, dignity and business reputation of plaintiff. Otherwise, civil legal responsibility does not come. It is more appropriate to consider a lawsuit of the deputy chairman of Dushanbe City in the Supreme Court, since considering a lawsuit in four districts of the capital would hardly be unbiased and objective.
2. Accusations of partiality and tactlessness of publications
May 07 “Asia-Plus” weekly (Dushanbe City) On 7 May 2004 “Asia-Plus” weekly had published a response of the head of Traffic Police Department Major-General, N. Sheraliev to the article of Rukhshona Mirzoshirinova and Olga Tutubalina “Road Highlights” published on 22 April 2004. In his article N. Sheraliev accused authors of the article of false information given:“many facts were not true”, “when preparing and publishing material, journalists showed insignificancy and partiality”. According to N. Sheraliev, journalists brought many unauthentic and unchecked phrases pointing to illegality of the Traffic police officers when using “measuring devices”. Also N. Sheraliev accused journalists of “distorting meaning of the conversation of Justice Adviser B. Yorov with the deputy head of the Traffic Police Department. Major part of Sheraliev’s article was devoted to refutation of information published earlier, in spite of the fact that the article “Road highlights” did not just bring an opinion of journalists and editorial board, but it also provided opinions of representatives of the Traffic Police, car owners, “TajikStandard” State enterprise, custom-house and lawyers interviewed. May 14 Gulnora Amirshoeva (Dushanbe City) On 14 May 2004 “Vecherny Dushanbe” weekly had published a letter of the General Director of Humanitarian Fund “Sarparast” M. Murodov titled as “Master of a foolish genre”. This was a reply to an article of Gulnora Amirshoeva “Sorry for forgery” wherein she, answering to a critical message of Tajik Embassy in Russia, noted that claims upon activity of Tajik Embassy, who returned Tajik children from Mozhaisk City colony were made by M. Murodov. In the reply publication M. Murodov accused journalist Gulnora Amirshoeva of deliberate distortion of facts, having fulfilled someone’s order and also embroiling his foundation with State structures and embassy. According to him, Gulnora Amirshoeva was damaging good name of their diplomatic corps in Moscow. The letter was written in quite rude manner wherein he abusively labeled her. Also M. Murodov requested Gulnora Amirshoeva to apologize to Tajik Embassy in Russia and to him personally, otherwise he would organize a press conference and bring a lawsuit against her. May 27 Gulchehra Usmanova (Dushanbe City) On 27 May Head of Interiors Department of Tursunzoda District colonel Saidmurod Kamolov came to the editorial board of “Crime-Info” and caused a scandal stating that he was offended in the article “When police does nothing or why Tursunzoda is in criminal situation?” published in Crime-Info on 20 May 2004. The author Gulchehra Usmonova was not just an editor of “Crime Info” weekly, but also a senior investigator on grave crimes of the General Prosecutor’s Office of RT Islom Salomov. Additionally to this, Kamolov put forward claims to employees of editorial board, especially being rude to executive secretary Gulgun Nabieva. Saidmurod Kamolov requested to publish his four-page refutation, and to apologize publicly. In a quite rough way, he stated that in case of ignorance of his request he would appeal to court.
COMMENTARY It is necessary to have simultaneously a few conditions for civil and legal responsibility to come for dissemination of untruthful information. In particular, in case this information distorts a person’s reputation in eyes of society and judicial persons. But if publication contains grounded information, civil or legal responsibility doesn’t come, irrespective of what opinion it may cause around the readers. Therefore, the pretences of the official is groundless since his point of view is practically absent in the article.
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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