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June 2004
II. violation of rights of journalists and mass media III. violations incriminated to mass media
In June 2004 monitoring of the violation of the rights of journalists and Mass Media in Tajikistan had registered 29 messages, 8 of which determine actual state of Mass Media in the light of socio-legal and political atmosphere of the month and 19 of them give information about direct violations of the rights of journalists and Mass Media.
I. PECULIARITIES OF POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL CLIMATE IN THE COUNTRY, DETERMINING THE ACTUAL SITUATION OF MASS MEDIA (up)
1. Officials’ actions, determining actual state of mass media
June 9
Nerui Sukhan weekly (Power of Speech) (Dushanbe City)
On June 7 2004 the General Prosecutor’s Office of the RT had sent a notion
(act of prosecutor’s response) to Nerui Sukhan weekly, wherein was
said that all articles published in that newspaper were taken into close
consideration. As a result, the General Prosecutor’s Office established
that contents of many articles provoke regionalism and international
dissention, hurt honor and dignity of citizens, in particular, of the
president, deputies of the Parliament and other state representatives.
Meanwhile, chief editor of Nerui Sukhan, Mukhtor Bokizoda disagreed
with these accusations.
June 22
The Ministry of Tax Collection and State Revenues
The press center of the Ministry of Tax Collection and State Revenues has
been liquidated in June 2004, according to officers of this institution.
This information aroused journalists’ pity, since they think, that was one
of the best press-centers in the Republic, which had all necessary
equipment, conducted extensive informational activities on TV, Radio and
regularly organized roundtables for press. According to unofficial data,
officers of the press-center are transferred into other departments of
this institution, doing other jobs; one of the five officers was already
dismissed due to 30% staff reduction. However, deputy minister, Bakhtiyor
Sultonov denied the above-mentioned information. He told a correspondent
of the monitoring service that the press center was not liquidated, but
from now on it will be under personal control of the minister.
June 25
Internews Network (Dushanbe City)
During press conference, held on 25 June, deputy director of the
International NGO Internews Network Izatmand Salomov stated that their
organization is being pressured for the last period of time. In particular,
the Committee for TV and Radio broadcasting and the Ministry of Justice
started to check the activity of the Internews Network, connected with TV
magazines Otkritaya Azia and Nabzi Zindagi. The check was
caused by the report made by the Informational Department of Tajik
President’s Office, wherein the International NGO was accused of illegal
TV production and establishing threat to information security of the RT.
Being disagreed with these statements, I. Salomov specified that according
to the last amendments to the Article 28 of the Law of the RT “On TV and
Radio Broadcasting” TV producers are obliged to have appropriate license.
However, that report was signed four days before Tajik President adopted
the law. “It means that –says I. Salomov, - the law was not yet signed by
the head of the State, it was not yet published and did not have any legal
effect, but accusations were already prepared. Such preconception makes us
prick up our ears. Moreover, as far as we know, they had no pretensions to
other TV producers”.
June 23 All mass media (Dushanbe City) On 23 June 2004 at the 5th session, members of Majlisi Namoyandagon Majlisi Oli of the RT (Lower House of the Parliament) adopted an amendment to the Tax Code of the RT where mass media publishing and distribution would be exempted from VAT (value added tax). The amendment was adopted on the basis of legislative initiatives of the Government, by an order of Tajik President Emomali Rahmonov of 20th March. It should be considered that Tajik President Emomali Rahmonov “kept his promise” to support independent mass media. However, in accordance with some newspaper publishers, the adopted amendment brings more harm to mass media than any advantages, since the cost of printing materials are much higher than publishing expenses (printing services). As a result newspaper publishers do not get any benefit from the adopted amendment, rather their expenses would increase.
3. Actions of journalists to protect their civil and professional rights
June 5 All mass media (Khujand City) A roundtable on “Access to Information” and presentation of the following report-bulletin “Access to Information in Central Asia” (monitoring and analysis of the violation of rights of journalists and mass media in Tajikistan) was held in Khujand City on 3 June 2004. Current activity was carried out by Central Asian Media Support Project, organized by Swiss organization CIMERA in partnership with the National Association of Mass Media in Tajikistan and financed by the Swiss Agency for Development and Cooperation (SDC). “For the past six months in Sogd Region 10 cases of the violations of the rights of journalists and mass media were registered, but it does not mean that the information access situation is getting better. Firstly, it is connected with journalists’ fear to harm their relations with the local government, and consequently don’t appeal to the monitoring service. Secondly, journalists are too passive and they don’t wish to cooperate with us”, - said Nargis Zokirova, coordinator of the Monitoring Network on Violation of the Rights of Journalists and Mass media in Tajikistan. Journalists from Northern part of Tajikistan, in particular, agreed that problem of the information access still remains actual. In his part, head of the Informational Department of Sogd Regional Hukumat (Administration), Narzullo Dadabaev noted that all departments of the regional Hukumat quite actively cooperate with press. “Since Sogd Regional Hukumat selected more accurate position – close cooperation with mass media”, -he said. N. Dadabaev also noted that journalists often do not receive information at law enforcement organs of the Region. He explained that most officers of press services of law enforcement organs are not prepared and do not have appropriate skills in this field. In connection with this, the head of the Informational Department offered to conduct a number of seminars and trainings for officers of press-services of law enforcement organs. June 14 All journalists (Kulob City) On 14 June 2004 a three-day seminar “Mass media and Business Activity” had finished its work at the informational center “Khatlon-Press”. The seminar was conducted by a lawyer of “Internews Tajikistan” Umrillo Melikov. According to the editor of the informational center “Khatlon Press” Suhrobsho Farrukhshoev, the seminar was conducted to take away misunderstanding between Kulob journalists and Tajik Branch of the Open Society Institute concerning their cooperation. Journalists were sure that this international organization ignored their interests; vice versa the Open Society Institute was inclined to see the problem in Kulob journalists’ passivity. At last, the Open Society Institute decided to conduct the three-day seminar for journalists who would like to learn how to write projects, choosing and working with potential sponsors. Representatives of local authorities and NGOs were also invited to the seminar, in order to become potential managers of projects and propose their projects to cooperate with mass media. June 19 All mass media (Dushanbe City) Mass media role in covering courts’ activities and their interactions became the main topic of the roundtable “Judicial authority and mass media”, conducted on 18 June 2004 in Dushanbe. Executive Director of the Association of Judges of the RT Safar Sangakov during his speech noted: “Mass media is a main source to receive information about judicial authority and they should have a wide access to this system, except for cases stated by law”. “Most misunderstandings between judges and mass media arise in connection with limiting journalists to participate at judicial sessions, banning on photographing, audio and video recording, said S. Sangov. – In order to solve the problem of the possibility to permit journalists to attend sessions, judges have to make a choice between “informing the public” and self-interests of a person or a citizen”. In their part, journalists noted about difficulties they face when receiving information from courts and urged them to be more open. Roundtable was organized by the Association of Judges of the RT jointly with the Council of Justice of the RT and financed by the Swiss Agency for Development and Cooperation. June 30 All mass media (Khujand City) On 30 June 2004 the National Association of Independent Mass Media in Tajikistan organized a one-day seminar in Khujand City on “Interaction of press-services of state structures with mass media”. It was conducted within the framework of the project “Protection of principles of freedom of speech in the activity of Central Asian mass media”, supported by the USAID. Representatives of press-centers reproached Sogd journalists with being unprofessional and presenting inauthentic information. In their part, journalists accused officers of several press-centers of their poor activity and cooperation with mass media. But Chairman of the NANSMIT Nuriddin Karshiboev noted that such event was not organized for sorting out relations but it was organized to find ways for officers of press centers and journalists cooperation. During the seminar, participants have listened to mini lectures about international practice on access to information; information policy of authorities in Tajikistan, and also about the role of independent mass media organizations in regulating conflicts between mass media and press-services of state organs. Swiss journalist, Andre Loersch cited an example of quite active and effective cooperation between press services of other foreign countries and mass media, however he also noted that each country has its own direction and it does not mean that it is necessary for Tajikistan to experience someone’s methods, it is necessary to try its own way to develop in this direction.
II. VIOLATIONS OF RIGHTS OF MASS MEDIA AND JOURNALISTS (up)
1. Attack on journalist
June 14 Zafar Saidov (Dushanbe City) According to Tajik mass media, Director of Tajik Information Agency “Khovar” Zafar Saidov tried to make his way towards polyclinic. On the way to polyclinic, a car drove up to him at the crossroads of Sa’di Sherozi and Hofiz Sherozi avenues from where an unknown person fired a shot at him but fortunately, says Zafar Saidov, it past by his head. Being shocked, Zafar Saidov could remember neither license plate number nor model of the car. That’s why he did not appeal to the law enforcement bodies.
COMMENTARY The mentioned case unambiguously relates to the category of penal acts. Depending on intention of attackers, these actions should be classified according to the Criminal Code of the RT. However, it is strange, why journalist did not wish to appeal to law enforcement bodies.
2. Refusal to present information important to the public
June 3 Jovid Mukim (Dushanbe City) On 3 June 2004 the Head of a newly established Department for Struggle against Rackets, Kidnapping and Human Trafficking of Tajik Interiors Ministry Ismat Zokirov, without reasons refused to present information to editor of Informational and Political Department of Nerui Sukhan weekly, Jovid Mukim. According to the journalist, he wanted to receive information about the first steps of their activity and amount of criminal cases on human trafficking instituted by law enforcement bodies. However, head of the department Ismat Zokirov agreed to give information only after the direct order of the Minister of Interiors of the RT Humdin Sharipov. After that, he rang off. June 5 Ruzi Nav Weekly (New Day) (Dushanbe City) On 3 June 2004 editorial board of Ruzi Nav weekly received a response from A.O. Aminjonov, deputy rector of Tajik National State University titled as “Courage of mendacious journalists” to the article of correspondent N. Mamurzoda titled as “Scientific Lie” (dated 29 April 2004). In his article Aminjonov accused journalist of publishing unchecked and unfounded facts. In his reply to Aminjonov’s statement, N. Mamurzoda told that he and other responsible persons of the University refused to present necessary information. Aminjonov noted that he was not obliged to talk with every journalist. The correspondent promised Aminjonov that in the nearest editions, Ruzi Nav would return to discuss the theme of receiving funds. June 12 Mosharif Kurbonova (Kurgan Tube City) On 11 June 2004, unknown journalist Mosharif Kurbonova appealed to head of executive office of the mayor of Kurgan Tube City, Ruzi Nazifov. The journalist was particularly interested in the question “why the international “Exhibition on Health” was closed in Kurgan Tube?”. It should be noted that the “Exhibition on Health” was supposed to be conducted within one month at Khatlon Regional Administrative Center. However, R. Nazifov, ignoring journalist’s question, advised her to appeal to Shamsi Abdurahimova, deputy mayor of the city. According to M. Kurbonova, deputy mayor told that this exhibition was closed by the order of security department of Kurgan tube City, and this information was not for distribution since it was official secret. June 14 Nazira Yuldasheva (Dushanbe City) On 14 June 2004 correspondent of VID weekly Nazira Yuldasheva phoned to deputy chairman of Dushanbe City Hukumat Firuz Ulmasov in order to answer the question of the reader: “why Hukumat does not finish the construction of 16-storied building in Profsoyuz Avenue of Dushanbe City in spite of sharp housing shortage. Firuz Ulmasov promised to answer later on 16 June. However, on appointed day, the secretary of F. Ulmasov told that he was away; following days she got the same answers. June 15 Khudoiberdi Samandarov (Konibodom City) On 12 June 2004 Khudoiberdi Samandarov correspondent of Sadoi Konibodom (Voice of Konibodom) newspaper decided to join the raid of “Tajik State Standard”, which carried out a raid in the city market “Farovon”. It was conducted jointly with the Trade Department of Konobodom Hukumat and representatives of the market in order to make a report about the results of the conducted raid. But representative of “Tajik State Standard” who did not introduce himself to the journalist and did not participate in raid, requested journalist not to break into the process of that event and advised him to receive information about the results of raid from the market’s administration. However till 15 June 2004, the market administration did not present information to the journalist. June 15 Boris Khairuddinov (Dushanbe City) Correspondent of the Information Agency “Avesto” Boris Khairuddinov on 10 June 2004 addressed to the Institute for Post-Diploma Preparation of Medical Personnel of the RT, assistant rector Sayora Oblokulova. B. Khairuddinov was interested in number of graduate students of the above-mentioned institute in 2003. But there he was told that he could get exact information next day. However, the next day and later Sayora Oblokulova told that she could not answer that question. After ten days she told that could not give information till the end of the month, and to the following requests of Boris Khairuddinov, she angrily answered “why are endlessly calling, I am not playing with you here”; after that correspondent did not try to receive necessary information. June 16 Artem Geyvandov (Dushanbe City) On June 15 correspondent of the Information-analytical Agency “Asia-Plus” Artem Geyvandov phoned to the reception desk of Deputy Prime Minister Kh. Mavlonova. He wanted to know if they were doing anything to liquidate arrears of wages to the constructors in Kulob City. A woman who picked up a phone and did not introduce herself told that journalists do not have right to directly phone to Deputy Prime Minister, and dropped a phone. During following phone calls she did not wish to talk and refused to call her name. June 21 Olga Senchuk (Dushanbe City) On June 15 correspondent of VID weekly Olga Senchuk phoned to the press-service of Interiors Affairs Department of Dushanbe City Jaloliddin Sadriddinov with an offer to fix constant cooperation, and in particular, to receive a report of weekly incidents to be published. Jaloliddin Sadriddinov promised to send above-mention information, but editorial boards did not receive any information yet. June 21 Olga Senchuk (Dushanbe City) On June 14 correspondent of VID weekly Olga Senchuk addressed herself to the press-center of Interiors Ministry of RT with request to confirm the officially known to all fact. It was a fact about four people who sank into a lake outside Dushanbe City, consequently it was closed for citizens who come to have rest. However she was told that they did not have information about that issue. Numerous attempts to appeal to the Deputy Minister remained unsuccessful, since she was asked to call later or told that deputy minister was not in place. June 24 Mosharif Kurbonova (Kurgan Tube City) On 22 June 2004 independent journalist Mosharif Kurbonova phoned to the head of Housing Department of Kurgan Tube Hukumat, Abdukodir Valiev for information. Journalist was particularly interested in the question of existing difficulties of Hukumat to provide residents of the city with houses. But A. Valiev told journalist that without the permission of the chairman of Kurgan tube city he could not give answers to any if her questions. He dropped the phone then and did not answer the phone calls any more. June 30 Tatyana Zvonnikova (Khujand City) On 29 June 2004 deputy director of Sogd Regional HIV/AIDS Control Ibragim Madaliev refused to give information to the editor of Information-analytical newspaper Varorud, Tatyana Zvonikova. The main reason of his refusal was that he feared to violate subordination. He asked T. Zvinikova personally meet with the director of the Center Habibulo Oripov, who was at work that moment. “He is our boss and it would be better to talk to him first”, -said I. Madaliev at the end of their talk. June 23 TV Badakhshan (Khorog City) On 18 June 2004 a shooting team of TV Badakhshan, headed by correspondent Ulfatmo Bakhtalieva decided to shoot a report about the process of State examinations at Khorog State University. When correspondent took a few episodes and talked to graduate students, she decided to shoot the process of conducting examination and talk to examiners. But shooting team was not permitted into an exam. According to Ulfatmo Bakhtalieva, by unknown reasons, examiners did not permit them into an exam, telling that journalists didn’t have to do anything there. They did not permit correspondent to go in, even after she said that the shooting would not take more than 4-5 minutes. According to Ulfatmo Bakhtalieva, probably teachers thought that shooting team would intend to make a critical material. June 28 Mosharif Kurbonova (Kurgan Tube City) On 28 June 2004 Department for under-age affairs of Kurgan tube Police Department refused to present information to independent journalist Mosharif Kurbonova. Journalist was particularly interested in the question about the number of criminal cases instituted against teenagers and their results. But Khurshed Chuponov, acting head of Department for under-age affairs refused to present any information. June 30 Boris Khairuddinov (Dushanbe City) Correspondent of Information Agency “Avesto” Boris Khairuddinov in the mid of June phoned to the International Department of Tajik Ministry of Health to receive information about foreign business trip of the minister N. Faizulloev. The Head of International Department Guljahon Tumanov asked journalist to call after lunch, but then she was not in place. Boris Khairuddinov had to call at three in the afternoon and when he managed to reach her, instead of receiving necessary information, he heard complaints on a bad mood and other reproaches. When correspondent told that she was obliged to present information, Guljahon Tumanov said rude things to him and dropped the phone. June 30 Nazarali Pirnazarov (Dushanbe City) Correspondent of Information-analytical Agency “Avesto” Nazarali Pirbazarov addressed himself to the Committee for Border Protection of RT, to the head of headquarters Nuralisho Nazarov. He wanted to receive information about a meeting of the chairman of Committee for Border Protection of RT A. Azimov with Deputy head of Russian Border Service A. Manilov which was dated on 29 June. However, he was unable to receive information, despite other information agencies already received this information.
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 secret. Journalists were interested in legal questions, which were not related to the state and secured secret. 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 a journalist a right to find, receive and spread information in any legal way. At the same time, Article 5 of the Law obliges governmental, political and social organizations, movements and officials to give necessary information to mass media. According to the Article 27 of the Law of the Republic of Tajikistan, representative of Mass Media may appeal refusal to give information requested to the superior body or official and then to the court. In several above-mentioned cases, journalists had to persistently use legal mechanism of access to information. Civil legislation protects information, consisting official and commercial secret, only in those cases when information has a real or potential commercial value and the owner of information takes measures to keep it in privacy.
3. Groundless refusal to accredit journalists
June 24 Kurbon Alamshoev (Badakhshoni Kuhi Autonomous Region) On 18 June correspondent of Persian service of BBC News in Badakhshoni Kuhi Region Kurbon Alamshoev addressed to the press service of the regional Hukumat to be accredited to meet with representative delegation of international organizations. But there, journalist was told that they were not authorized to accredit him. After that, K. Alamshoev appealed to several other Hukumat departments but nobody could exactly answer his question. According to Alamshoev, it becomes unclear, either Hukumat feigned that they were not authorized to accredit or they just did not intend to permit certain journalists to a meeting. It should be noted that it was not the first time when journalists were not permitted to such meetings and had to receive information from unofficial sources. Journalists of Badakhshan Newspaper also complained about this event, who earlier could not receive accreditation for the ceremony of opening of the road between Tajikistan and China.
COMMENTARY According to Article 33 of the Law of RT “On press and other mass media” and Article 26 of the Law of the RT “On TV and Radio Broadcasting”, mass media has a right to accredit their journalists under state structures and social unions. In these statutory acts, it is not directly pointed out that organizations are obliged to accredit journalists. However, due to openness of the event, Hukumat was to accredit journalist.
4. Violation of legislation on citizens’ appeals
June 27 Salima Vahobzade (Dushanbe City) Correspondent of VID weekly Salima Vahobzade sent a request to the head of Tajik President’s Office to answer a few questions of readers about the amount of salary of the officers of Tajik President’s Office. The letter was sent on 25 May 2004, but since that she received no official response.
COMMENTARY According to the Article 12 of the Law of RT “On appeals of citizens”, all appeals of citizens are considered in a monthly period from the day of submission but if it does not require additional consideration then the deadline should not exceed 15 days. In those cases, when it becomes necessary to conduct special examinations and additional materials or other measures are required for resolution of a statement or complaint, the terms of a statement or complaint could be extended by a head or deputy head of corresponding organs. At the same time, total period for consideration of a statement should not exceed two months.
4. Groundless summons to law enforcement bodies
June 8 Mukhtor Bokizoda (Dushanbe City) On 7 June 2004 Mukhtor Bokizoda, a chief editor of independent newspaper Nerui Sukhan was invited to talk with Dodarjon Maksudov, deputy of General Prosecutor. The chief editor informed the monitoring service that officers of the prosecutor’s office were interested in procedures of receiving letters and citizens’ appeals to Nerui Sukhan editorial board. Also officers of prosecutor’s office asked him about all critical materials about authorities’ actions.
COMMENTARY Prescribed legislation acts should serve as a base for law enforcement bodies to summon citizens, and an official, who summoned a citizen, is obliged to inform him about accusations, put forward against him and basis for such the accusations. If accusations are not proved, citizen has a right to appeal to court.
III. CONFLICTS. VIOLATIONS, INCRIMINATED TO MASS MEDIA AND JOURNALISTS (up)
1. Charges with incorrect publication
June 5 Ruzi Nav Weekly (New Day) (Dushanbe City) On 3 June 2004 editorial board of Ruzi Nav weekly received a response from A.O. Aminjonov, deputy rector of Tajik National State University titled as “Courage of mendacious journalists” to the article of correspondent N. Mamurzoda titled as “Scientific Lie” (dated 29 April 2004). In his article Aminjonov accused journalist of publishing unchecked and unfounded facts. In his reply to Aminjonov’s statement, N. Mamurzoda told that he and other responsible persons of the University refused to present necessary information. Aminjonov noted that he was not obliged to talk with every journalist. The correspondent promised Aminjonov that in the nearest editions, Ruzi Nav would return to discuss the theme of receiving funds. June 10 Parvina Hamidova (Dushanbe City) On 10 June Asia Plus weekly had published the reply of Chairman of Khatlon Region A. Miraliev to the article of Parvina Hamidova “Battle of Giants” (¹20. dated 20 May). The article mainly told about conflict in the Supreme Economic Court of RT between Joint Stock Company “Samar” S. Fazliddinov with Chairman of Khatlon Region A. Miraliev and his deputy Sh. Kabirov. In his reply, A. Miraliev noted that “article does not represent the facts, it misleads readers and may create an incorrect idea about the activity of Regional Hukumat”. Further A. Miraliev asserted: “article’s purpose is to create hostility and conflict”. He also accused correspondent Parvina Hamidova of being far from journalistic ethics and culture, and that her professionalism was poor. According to him, journalist tried to attract the attention of maximum number of readers and this way she wanted to produce an image. In addition he accused Parvina Hamidova of one-sided coverage of problems.
COMMENTARY According to Article 40 of the Constitution of RT, each citizen has right to a free participation in cultural life of a society, art, and scientific and technical creative work. Therefore, nobody has a right to dictate journalist, what to write.
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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