July 2004

I. peculiarities of political, social, administrative and legal climate in the country, determining the actual state of mass media

II.  violation of rights of journalists and mass media

III. violations incriminated to mass media

In July 2004 monitoring of violations of rights of journalists and Mass Media in Tajikistan registered 27 reports. Three of which determine actual position of Mass Media in the light of socio-legal and political atmosphere of the month. Twenty two of them give information about direct violations of the rights of journalists and Mass Media, 2 - 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. Officials’ Actions determining actual position of mass media

July 16

Ahmad Ibragimov (Kulob City)

On 16 July 2004 a journalist with independent newspaper “Ruzi Nav” in Kulob was called to meet with deputy chairman of Kulob Hukumat (Administration), Sharofat Sanginova. After a few articles of the journalist about the activity of deputy chairman on socio-cultural issues were published, relations between journalists and Sharofat Sanginova worsened.

According to the correspondent Ahamad Ibragimov, during their conversation deputy chairman started threatening the journalist. She particularly said: “A golden chain, I’m carrying on my neck right now, is enough to get anybody out of the way”. The journalist secretly recorded these words and all their conversation on the dictaphone. At the end of their talk, Sharofat Sanginova started to explain that she was ready to excuse all journalists, except for the staff correspondent of Information-analytical Agency, Asia-Plus in Kulob District, Turko Dikaev.

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

July 09

All mass media (Khujand City)

“Most representatives of mass media do not know about their own rights”, - this issue was discussed during seminar “Access to official information in Tajikistan”; the seminar was held on 9 July 2004 in Khujand, by Mahmudkhon Saraev, the chief specialist of Information Department of Tajik President’s Office. According to him, a similar seminar, conducted in Badakhshoni Kuhi Autonomous Region showed a low level of legal knowledge of journalists. “Main purpose for the seminar was to hear the opinion of journalists on adoption of changes and amendments to the law on mass media. Unfortunately there were a few people who made specific proposals on the amendments” Saraev said.

Under financial support of the Open Society Institute, Information-analytical and Culture Departments of Tajik President’s Office and Internews Network organized this three-day seminar. Representatives of different mass media and press-services of governmental structures participated in the seminar. Seminar participants considered legislative acts of RT and International pacts, ratified by Tajikistan in the field of access to governmental information. During the seminar it was also noted that in most cases journalists were guilty of not receiving information, since they did not have legal knowledge.

July 17

All mass media (Dushanbe City)

Swiss organization CIMERA in cooperation with the National Association of Independent Mass Media published a phone book called “100 useful contacts for Mass Media and press services” of Tajikistan. It was financially supported by the Swiss Agency for Development and Cooperation (SDC). “The main purpose for publishing a phone book was to establish close relationship between mass media and governmental and social organizations”- Nuriddin Karshiboev, chairman of (NANSMIT) said - besides, we would like to render adequate assistance for journalists in searching and getting access to sources of information”. The phone book is distributed for free among mass media and press services of governmental and social organizations and enterprises of Tajikistan.

VIOLATION FOR THE RIGHTS OF MASS MEDIA AND JOURNALISTS  (up)

1. Groundless requests on censorship of publications

July 03

Najot Safarov (Vose District)

On 3 July 2004, Najot Safarov, an editor of Gulkhani Vose newspaper (organ of Vose District), refused to attend a conference, conducted by the Tajik Islamic Renaissance Party (IRPT) in Vose District. According to the editor, he does not have anything against the IRPT. He even wanted to provide detailed information about the conference in the next edition, but Hukumat gave instructions not to publish any article about the IRPT. Hukumat gave similar instructions to other state controlled newspapers in Shuraobod, Muminobod and Khovaling Districts. Even TV Company “Kulob” does not prepare materials about the IRPT.

July 15

Paigomi Rushan newspaper (Badakhshoni Kuhi Autonomous Region)

Journalists with Paigomi Rushan newspaper were roughly criticized at the session of district Hukumat. It was caused by the last edition of the newspaper, which contained information about human trafficking. Hukumat representatives made censorious remarks and instructed the journalists to submit their articles to Hukumat for approval before publishing, since “the newspaper is an organ of local government and there should be materials approved by authorities only”.

COMMENTARY

2. Attacks on Journalists

July 31

On 29 July 2004, unidentified individuals assaulted Radzhabi Mirzo, editor-in-chief of the independent newspaper “Ruzi Nav". The attack took place near Mirzo's home on Sino avenue in the capital, Dushanbe. The assailants struck the journalist several times with a heavy iron bar. Mirzo suffered serious head injuries and was taken to a Dushanbe hospital. According to witnesses, the assailants had been waiting for the journalist near a grocery store. The Sino regional internal affairs department registered the assault and has begun investigating the case.

COMMENTARY

July 15

Turko Dikaev (Kulob City)

On 14 July 2004 an unknown individual from Kulob Hukumat phoned to Turko Dikaev, a staff correspondent of Asia Plus in Kulob District. The individual, without going into the root of the matter, advised the correspondent not to go to construction areas, where “any brick could accidentally fall on his head”. He also added, “Those who were aimed by your last article (“Kulob constructors are working on trust” “Asia Plus” dated 17 June 2004) can do this”.

July 31

Mavludai Sultonzoda (Dushanbe City)

On August 3, an unidentified individual called Mavluda Sultonzoda, a reporter of the independent newspaper Ruzi Nav (New Day). He expressed dissatisfaction with an article “Who is Rakhmonov?” published in Neruyi Suhan (Power of a word) newspaper (#34); at the end of the conversation he berated the journalist with foul language and threatened to use “physical violence” against her.

COMMENTARY

July 07

Gulzor Olimkhonov (Badakhshoni Kuhi Autonomous Region)

On 6 July 2004 a shooting team of TV Badakhshan was sent to the ceremony of laying a foundation to the construction of the Central Asian University in Khorog City. Right at the beginning of the ceremony, an unknown person who introduced himself as an officer of the Security Ministry (MS) came up to the operator Gulzor Olimkhonov and requested to get out of the territory where the ceremony was supposed to be conducted. Olimkhonov showed his pass to an officer of MS and told that he had right to shoot, since he was accredited to this event. In his part, officer of MS had torn cameraman’s pass, and requested him to leave the territory. But despite the obstruction of the MS officer, shooting team managed to shoot and prepare TV report.

July 27

On 22 July 2004 journalist of independent TV company CM-1 of Khujand City Islom Rahimov was forbidden to shoot in Central Park. That day, they held festal events dedicated to the Day of Language. Officer of Ideology Department of the Hukumat, Muhiddin Abdulloev forbade shooting empty places and roughly explained the journalist that such fragments should not be broadcast.

COMMENTARY

July 08

Iftikhor Mirshakarov (Badakhshoni Kuhi Autonomous Region)

On 6 July 2004 correspondent of Badakhshan newspaper Iftikhor Mirshakarov could not get accreditation for the ceremony of laying a foundation to the construction of the Central Asian University in Khorog City. According to Mirshakarov, when he asked representatives of Hukumat to give him a pass, they told him that there were not enough passes that’s why they gave them to a few journalists only. Hukumat representatives advised I. Mirshakarov to receive necessary information later from other journalists, who had a chance to participate in the ceremony. “It was obvious that almost heads of all Hukumat departments participated in the ceremony, but journalists were few. Besides, editorial board of regional newspaper “Badakhshon” had instructed correspondents of this newspaper to write an article about this ceremony, even though they did not attend it.

COMMENTARY

July 21

Jamila Huseinova (Dushanbe City)

On 21 July 2004 correspondent of Charkhi Gardun newspaper Jamila Huseinova appealed to the Ministry of Transportation of RT to receive information about the construction of highway Dushanbe-Shkiv-Zegar. She appealed to the Administration of Roads, but officers, not mentioning their names, advised her to address her questions to the International Department (since that highway binds Tajik and Chinese border). However, officers of that department, without introducing themselves, told her that they did not have such kind of information. Journalists noted that after liquidation of press-service in the Ministry of Transportation, it was impossible to receive any information.

July 22

Bahoduri Kosimi (Dushanbe City)

On 22 July 2004 correspondents of Information Agency “Inter-Press-Service” Bahodur Kosimi and Nekruzi Muhammad appealed to the acting chief engineer of State enterprise “Dushanbevodokanal” Davron Madibaev with the question: “May the water pipe line system of Dushanbe fall out, as a result of mudflow?” However Davron Madibaev did not want to answer this question. Madibaev said that he was not permitted to give any information about that question.

July 23

Jamilla Huseinova (Dushanbe City)

On 21 July 2004 correspondent of Charkhi Gardun weekly Jamila Huseinova appealed to the press service of the Tax Ministry in order to respond questions of readers about the taxation of private enterprises. However she was told that the press service of that ministry was liquidated. Representatives of the Tax Ministry also told that she could make a written statement and wait for 30 days in order to get a reply.

July 30

Mosharif Kurbonova (Kurgan Tube City)

On 15 July 2004 independent journalist Mosharif Kurbonova appealed to the Judge of Kurgan Tube City Court, Tojiddin Kodirov in order to receive an answer to the question: “Does the court give court decisions to both plaintiffs and defendants in time?” However, the Judge Tojiddin Kurbonov did not answer the question and in quite a rough way advised journalist not to come to ask him such questions, since he had never invited journalists, and was not going to do it in the future.

July 30

Mosharif Kurbonova (Kurgan Tube City)

On 19 July 2004 independent journalist Mosharif Kurbonova, A. Valiev, appealed to the city court in order to get information for his journalist investigation into the case of a resident of Kurgan Tube. According to A. Valiev and his lawyer Mr. Islomov, representatives of Kurgan Tube City Court roughly violate the rights of the defendant. However, chairman of the city court Muzaffar Abdulloev refused to talk with the journalist. He noted that after court made its decision journalist doesn’t not have a right to investigate the case.

July 31

On 26-27 July correspondent of independent TV Company CM-1 Muhabbat Murodova could not receive statistical data on the situation of passport system in Khujand City. Officers of passport administration, referring to absence of the head of the Passport department of Khujand City, Munira Nurmatova, refused to present the journalist any information. After 27 July officers of passport department collected data on passport system for the six months of 2004, but Munira Nurmatova roughly refused to present information, stating that Muhabbat Murodova had to receive a permission from Interiors Department of Khujand City otherwise she would not get any information.

COMMENTARY

July 06

Rahmatkarim Davlatov, Rajabali Rajab (Darvaz District)

On 6 July 2004 correspondent of Tajik bureau of Radio “Freedom” Rahmatkarim Davlatov and Rajabali Rajab, being in their business trip in Badakhshoni Kuhi Autonomous Region, decided to prepare a commentary about the commencement meeting of the bridge on Panj River, connecting Republic of Tajikistan with neighboring Islamic State of Afghanistan. Commencement meeting of the bridge was to host high-ranking officials such as President of RT, Emomali Rahmonov, Leader of Ishmaelite Agha-Khan IV, and deputy chairman of provisional government of Afghanistan, Negmatullo Shahroni.

In spite of the facts that correspondents have permanent accreditation under Information Department of the Ministry of Foreign Affairs in RT, and accreditation specifically for this event, they have been accredited in the Hukumat of Darvaz District, they could not participate in it. Having encircled the place, police officers did not let journalists in. After journalists a few times appealed to the head of Darvaz Police Department, Sangali Barzuev, they were told that “only journalists from State mass media were allowed to the ceremony, those journalists who come with President from the capital city”. As a result, correspondents of Tajik bureau of Radio “Freedom” used information from unofficial sources.

July 08

Valentina Kasimbekova (Dushanbe City)

Co-editor of Businessmen weekly, Valentina Kosimbekova appealed to the State Committee for Construction and Architecture of the RT in order to receive information about the construction of residential buildings. The head of the committee’s office U.S. Ishakov told that deputy chairman of the State Committee was out of his office, but the chairman was too busy to talk to the correspondent. Then, Kosimibekova asked Ishakov to recommend someone with whom she could talk. U. Ishakov answered: “Do you think that we could tell everything to anyone who comes here?”

July 14

Tatyana Zvonnikova (Khujand City)

On 13 July 2004 editor of Information-analytical agency “Varorud” Tatyana Zvonnikova was not allowed to enter the building of the Regional Hukumat. Representatives of law enforcement organs categorically forbade her to enter the territory of the Hukumat. The fact is that that President of RT Emomali Rahmonov was supposed to visit Sughd Region that day. He took part in the final semi-annual session of socio-economic development of the region, which was conducted in Hukumat’s building. Police officers motivated their refusal with personal security of the Head of State. T. Zvonnikova even told that it was necessary for her to enter Education Department because the efficiency of information depended on that, but representatives of the police did not react.

July 27

During two days, 20-21 July 2004 stringer of Khujand branch of Internews Network Muhayo Oripova could not receive information about the development of tourism in Sughd Region. The Director of the State Tourist Company “Sayoh” Mirzohakim Rustamov refused to answer the questions of the journalist and advised her to go to the department of Trade and Tourism of Sughd Regional Hukumat. When Muhayo Oripova went there, an officer of this department Firdavs Abdullaev received her and asked her to come next day. However, by the next day he could not receive journalist, since immediately he had to make his business trip. F. Abdulloev advised journalist to address herself to the Regional Council for tourism. But at the Regional Council for tourism, they refused to receive journalist.

July 31

Mavjuda Habibzoda (Dushanbe City)

On 28 July 2004 correspondent of independent newspaper “Nerui Sukhan” Mavjuda Habibzoda addressed herself to the administration of Republican Sanitary-epidemiological Center (SEC) in order to receive information about the quality of drinking water in Dushanbe City. However, administration of SEC refused to give such information and advised journalist to go to the Dushanbe SEC.

COMMENTARY

July 28

Turko Dikaev (Kulob City)

On 27 July 2004 personal correspondent of independent information agency “Asia Plus” in Kulob District Turko Dikaev could not give his agency a report about final result of the city concert of “Andaleb” show. One had to have invitation card, distributed by Hukumat in order to enter summer concert hall in Kulob Cultural Park. Representatives of Hukumat did not consider necessary to invite personal correspondent of Asia Plus. When the journalist asked who was permitted and who was not permitted to visit the concert, an official from Hukumat told, “We invited all journalists”. However, only representatives of local governmental TV Company “Kulob”, newspaper “Navidi Kulob” and “Kulyabskaya Pravda”, sponsored by Hukumat were able to participate in this event. “Such practice “sympathy and antipathy” had existed in Kulob Hukumat a long time ago, it is supported by several local institutions and organizations, for an example, giving information to local governmental journalists, they flatly refuse for the rest”- Turko Dikaev said.

July 30

Rano Mirzoeva, Oisara Umarova (Kurgan Tube city)

On 5 July 2004 members of nongovernmental organization “Women are journalists” Rano Mirzoeva and Oisara Umarova addressed themselves to the head of this organization Mosharif Kurbonova with a request to help to inscribe their names into the list of participants of the seminar “Correct coverage of human trade in mass media”, where they were not invited. Such seminar was supposed to be conducted in OSCE office in Kurgan Tube City. Mosharif Kurbonova had phoned to the organizer of this event, administrator of OSCE, Firuza Sultonova, and asked her to inscribe at least one member of her NGO. But F. Sultonova roughly replied that such event was intended for officers of governmental newspaper, but not for independent journalists. Administrator also told that she does not have a right to invite them without the permission of higher echelons.

COMMNETARY

9. Infringement on economic rights of mass media

July 15

Odamu Olam weekly (Dushanbe City)

On 13 July 2004 “Shargi Ozod” State printing house, under the instruction of the director Manzurkhon Dodokhonov, refused Olamu Odam weekly in printing services. According to the editor-in-chief of Olamu Odam weekly, Mirmahmad Amirshoev, administration of the printing house motivated their refusal with that editorial board of Olamu Odam did not pay for the last printing service and also the newspaper did not have an agreement with the printing house. Administration of “Sharqi Ozod” printing house has appointed a small circulation that would create inconvenience in the activity of editorial board of Olamu Odam and would bring to deterioration of equipments (weekly’s circulation makes up to 2000 copies). However, M. Amirshoev, at his part, refutes all arguments of the administration of “Sharqi Ozod” and assumes that they were always in time for the service and there is an appropriate agreement between printing house and editorial board of Olamu Odam but administration of the printing house did not sign it yet.

COMMENTARY

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

July 15

Odamu Olam weekly (Dushanbe City)

On 15 July 2004 Defense Minister of RT Sherali Khairulloev and Head of Cadres Department of this ministry Mr. Jalolov brought a lawsuit to the Dushanbe Military Court against a new socio-political newspaper “Odamu Olam”. In their statement they requested to pay compensation in the amount of 600 thousand somoni ($200 thousand) for causing a moral damage. According to plaintiffs, Sarbozi Somon, the author of article “Interests of National Army” had committed an offensive sentence, wherein it said that Ministry of Defense of RT became “a marriageable girl of Russia”. That’s why plaintiffs requested a public apology.

July 16

Vecherny Dushanbe weekly (Dushanbe City)

On 16 July 2004 in Rudaki District, the court, under chairmanship of the Judge A. Kosimov recommenced a trial on a lawsuit of the deputy chairman of Dushanbe City Court, Namoz Amirov against editorial board of Vecherny Dushanbe, which started way in April of the current year in Firdavsi District Court of Dushanbe City. After the first session, Fardavsi District Court had sent that case to the Supreme Court.

The fact is that that the newspaper had published an article of the lawyer S. Juraev ““There is power over Judges” (№10, from 5.03-2004), 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, lawyer S. Juraev discovered a number of violations of remedial legislation, who described in his article in detail. 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 Vecherny Dushanbe newspaper and attempted to charge over $300 somoni ($100 thousand) for moral damage.

Hearings had lasted two days. Co-defendant, lawyer S. Juraev, brought a request on adjudgement of author’s fault. For this, defendant and co-defendant asked the court call on all criminal cases, mentioned in article and check for authenticity of all facts. On July 21 the Judge complied with the request of defendants and delayed a trial to prepare necessary documents.

COMMENTARY

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