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August 2004
II. violation of rights of journalists and mass media
In August 2004 monitoring of the violations of the rights of journalists and Mass Media in Tajikistan had stated 27 messages. Of which, 14 messages determine actual position of Mass Media in the light of socio-legal and political atmosphere of the month. Thirteen 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. Actions of officials, defining the actual state of mass media
August 10 Amirsho Miraliev (Khatlon Region) On August 10 Chairman of Khatlon Region Amirsho Miraliev had an unplanned meeting with most active members of Kulob City and representatives of mass media. The meeting was devoted to the upcoming visit of Tajik President Emomali Rahmonov to Kulob City. According to participants, chairman of Khatlon Region have criticized the professional activity of Kulob independent journalists – Ahmad Ibragimov (Ruzi Nav Newspaper), Asliddin Dostiev (Informational Agency Varorud), Suhrobsho Farrukhshoev (Informational Center “Khatlon Press”, “Golos Khorasana” Radio Station). Direct threats were addressed towards personal correspondent of Independent Information Agency “Asia-Plus” in Kulob City, Turko Dikaev. The matter concerned the article in “Ruzi Nav” (New Day) weekly from 5 February 2004 titled as “Bad Theme” wherein the author, quoting the speech of Turko Dikaev in one of the round-tables in Dushanbe, pointed that it became more frequent case when Kulob girls resort to homoplasty and almost all girls of Kulob City were deflowered before they got married. Chairman of Khatlon Region gave instructions to “finally” investigate and bring a lawsuit against journalists who insult Kulob girls. August 13 “Vatan” newspaper Vatan newspaper of Vanj District (Badakhshoni Kuhi Region) had remained under a threat of closure. According to Badakhshan Radio, because of the broken printing house in downtown district, the newspaper was published a few times in Khorog City – administrative center of Badakhshoni Kuhi Region. Today, editorial board owes regional printing house up to 2,5 thousand somoni ($833). Editorial board of the newspaper had sent a letter to District Hukumat, but did not receive a reply. According to the correspondent of Badakhshan Radio, Sironsho Dilovarov, because the old printing house in Vanj district had fallen out, now they face informational vacuum in this mountainous district. August 24 “Najot” weekly (Dushanbe City) On 23 August chief editor of Najot weekly (organ of Tajik Islamic Renaissance Party) Abdukahhor Davlatov addressed himself to the director of “Sharqi Ozod” printing house M. Dodokhonov with a letter to present printing service to their newspaper. However, M. Dodokhonov, not mentioning the reason, noted that the printing house did not have an opportunity to publish Najot weekly, and requested his employees not to register the appeal of A. Davlatov at the reception desk. Editor-in-chief of “Najot” stated that he would appeal to Tajik President’s Office. Then, the director of the printing house replied: “ You have a right to complain anywhere you want but we will not publish your newspaper”. August 30 “Adolat” weekly (Dushanbe City) On 30 August 2004 the administration of “Karimjon Kodirov” printing house told editor-in-chief of Adolat weekly (organ of Democratic Party of Tajikistan) that in the future they refuse to publish their newspaper. Administration of the printing house justified their refusal with that that prosecutor’s office was conducting a check in their office and in connection with that printing house was temporarily closed.
2. Journalists’ actions to protect their civil and professional rights
August 2 Rajab Mirzo (Dushanbe City) National Association of Independent Mass Media of Tajikistan (NANSMIT) made a statement concerning the attack on editor-in-chief of Ruzi Nav weekly, where he received craniocerebral injury and was taken to the reanimation department of Dushanbe Hospital. NANSMIT considered this fact as a pressure upon freedom of speech and an attempt to intimidate disagreeable journalists. The statement also stated: “NANSMIT urges Tajik authorities and law enforcement organs to investigate this crime and institute criminal proceedings against guilty people”. August 9 All Mass Media (Dushanbe City) National Association of Independent Mass Media of Tajikistan (NANSMIT) made a statement concerning frequent threats and attacks on journalists. Only during seven months of 2004 NANSMIT’s monitoring service of the violations of the rights of journalists and mass media of Tajikistan had stated 12 cases of threat towards journalists, which were directly connected with their professional activity. NANSMIT called all journalists and mass media of Tajikistan to timely appeal to law enforcement organs in case of a threat, so as to conduct closest investigation on every incoming alert. August 17 All mass media (Dushanbe City) Based on numerous facts of the monitoring of the violations of the rights of journalists and mass media in receipt of social important information (65 cases for the 7 months of 2004), NANMSIT came to a conclusion that it was a great problem to receive objective and operative information from State officials. In connection with this, NANSMIT made a statement wherein it expressed concern over current situation, on the threshold of election campaign having a tendency towards complications. The statement, in particular said: “ NANSMIT urges all representatives of the State and other structures to obey the law and social interests on receipt of social important information through mass media, and we advise journalists more persistently assert their professional rights, and in case of violations of rights they should challenge State officials based on legislation of RT”. August 25 Independent newspaper “Ruzi Nav” (Dushanbe City) On 25 August 2004 editor-in-chief of Ruzi Nav Rajabi Mirzo have appealed to Tajik President with a statement wherein he noted that Ruzi Nav, Odamu Olam and Najot weeklies has not been published for two weeks. All Capital printing houses refused to render service, referring to verbal instruction “not to publish the above-mentioned newspapers”. Sharqi Ozod publishing house also refused them to publish newspapers. The statement, in particular said: “Since Sharqi Ozod is under control of Tajik President’s Office, we consider the actions of the publishing house as an official position of the President and government of Tajikistan. But if it is not what we think, then we ask President and Tajik government to oblige administration of Sharqi Ozod printing house to publish independent newspapers”. The statement was also sent to representative offices of International Organizations and foreign embassies in Dushanbe and distributed among political parties and movements of the republic.
3. Assessment of actual position of mass media and freedom of speech
August 21 Vladimir Vorobev (Dushanbe City) During interview in Asia Plus newspaper, editor-in-chief of “Narodnaya Gazeta”, Vladimir Vorobev, analyzing modern Tajik press noted that it cannot “actually have influence upon economic, political and social processes because the opinion, assessments and position of press quite often is being ignored by authorities”. Positively evaluating the activity of independent newspaper Nerui Sukhan and Ruzi Nav, he in particular, noted: “For the period of their activity, they had roughly criticized a number of high-ranking officials. And nobody has appealed to court with the lawsuit to protect his or her honor and dignity. Then, it means that newspapers are right? Answering to the question about subscription campaign in mass media, which is supposed to be started in September, editor-in-chief of “Narodnaya Gazeta” called it as extortion actions of several governmental newspapers who force heads of Hukumats to subscribe to their newspaper. August 26 All mass media On 25 August 2004 US Embassy to Tajikistan made a statement concerning freedom of press. The statement was made due to pressure upon mass media from the direction of governmental structures. The statement in particular said that printing houses were secretly instructed to suppress publications of a few newspapers, differing with their critical orientation towards government of RT. “Criticism and opposite views are positive and vital elements for any society. We urge government of Tajikistan to take considerable efforts to support freedom of press and pluralism of ideas for prosperity of democracy” – the statement said. Also it is noted that Tajikistan was at risk of losing its image in the world, especially the country getting ready for elections. August 26 All mass media (Dushanbe City) On 25 August OSCE office in Dushanbe had distributed a statement concerning publishing house “Jiyonkhon” which was closed down by Tax organs last week. Four independent newspapers have been published in this printing house, differing with their critical orientation. The statement also notes that in the current situation, when a few newspapers lost opportunity to be published and in case of its continuation, it would stem the tide of freedom and pluralism of press. “The appearance of new publications was an encouraging signal in the field of freedom of press in Tajikistan. However, frequent and different difficulties, with what newspapers face in their activity, could be considered as a step back alarm”- said the head of OSCE Center, ambassador Ive Bargen. The OSCE center in Dushanbe also sent this message to representative office of OSCE on freedom of mass media to make further decisions. August 26 All mass media (Dushanbe City) On 25 August 2004 German Embassy to Tajikistan have distributed a message to the heads of the three representative offices of European Union in Dushanbe. They were mostly concerned over the closure of a few newspapers, differing with their critical orientation, and marked the important role of freedom of press in assertion of pluralism of opinions. “These newspapers represent an important part of information space of Tajikistan”, - said the statement. Heads of representative offices of EU intend to clear up the purpose of sanctions taken by the government. August 31 All mass media (Dushanbe City) On 31 August 2004 executive director of the Committee to Protect Journalists (USA) Ann Cuper sent a letter to the President of RT Emomali Rahmonov wherein it said: “The Committee to Protect Journalists (CPJ) is extremely concerned about an escalating campaign of intimidation and harassment against independent and opposition journalists in Tajikistan. The actions are further eroding press conditions at the very moment your citizens most need a free press—for the run-up to parliamentary elections in early 2005…. Disaffected officials, including the heads of ministries, always threaten to bring lawsuit against journalists, who offend their honor and dignity”.
II. VIOLATIONS OF THE RIGHTS OF MASS MEDIA AND JOURNALISTS (up)
1. Threatening journalists
August 9 Mavluda Sultonzoda (Dushanbe City) On 3 August 2004 an unknown person had phoned to the correspondent of independent newspaper “Ruzi Nav” Mavluda Sultonzoda and complained about the article published in “Nerui Sukhan” weekly titled as “Kto takoi Rakhmonov” (Who is Rahmonov). The callers said she could be raped and killed if she does not stop her critical writing. In addition, he threatened to rape the two of her daughters.
COMMENTARY According to the Article 36 of the Law of the Republic of Tajikistan “On Press and other Mass Media”, constraining the journalist to spread or refuse to spread information, concerned with the threat of violation, property destruction or damage, at the same time violating the rights of journalist by means of threat, constitutes a corpus of crime. Threatening to murder or heavily harm the health, if there is a reason of bewares of the commitment of this threat constitutes corpus of crime, provided in the article 120 of the criminal code of the Republic of Tajikistan.
2. Refuse in giving social important information
August 1 Turko Dikaev On 31 July 2004 correspondent of Information Agency “Asia Plus” Turko Dikaev have appealed to the head of Kulob Disinfective Station to receive information about steps taken to control infection diseases of animals, in particular, anthrax. Having refused to call his name, head of Disinfective Station told: “We are self-sustained organization and we work under contract”. To the question if there was any agreement on treatment of places for pasture of private cattle, he sent journalist to veterinaries. For the rest of questions, official refused to answer referring to that, that their organization was a self-sustained. August 6 Gelos Mamadloikov (Badakhshoni Kuhi Region) On 4 August 2004 correspondent of TV Badakhshan Gelos Mamadloikov had appealed to the officer of American Organization “FOCUS”, Mr. Tursunov who conduct trainings among population in emergency situations. Tursunov told that he had to get permission from his boss before giving any information. But project manager Zuhur Amonsho forbade to give any information to the journalist, not explaining the reason. August 25 Bahriddin Nodir (Dushanbe City) On 25 August 2004 independent journalist Bahriddin Nodir appealed to the Mine clearing Center of Tajikistan in order to write article about the process of clearing fields from mines in Tavildara District. Head of the Center Jonmahmad Rajabov refused to give information referring to its secrecy. A few days earlier similar information was published in printing mass media of Tajikistan with quotation to governmental information agency “Khovar”.
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 health problems, which do not concern State secret. The refusal of Statistics organs is a direct violation of the Article 16 of the Law of RT “On Information”, according to which State statistical information is liable to be published, and also provide free access for citizens, scientific institutions and other organizations. 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, refusal in giving the asked information may be complained of by the representative of Mass Media to the superior body or official and then to the court.
3. Groundless limitation to present information important to the public
August 9 Mahmadkhuja Sultonov (Kurgan tube City) On 5 August 2004 journalist of Khatlon radio Mamadkhuja Sultonov was refused to present information at the Statistical Department of Shaartuz District. The journalist was interested to receive information about the development of agriculture in the region. According to M. Sultonov, head of the department Maksud Gulomov agreed to present information but only with the permission of the chairman of Shaartuz District. August 2 Tilav Rasulov (Khujand City) On 2 August 2004 correspondent of information-analytical agency Varorud Tilav Rasulov appealed to the private enterprise “Aprevelka” located in Konsai settlement. The journalist was interested to receive information about the activity of enterprise. Technical director of the company Mr. Kharulloev refused to give information without permission, and asked to wait for boss. After three-hours waiting, correspondent had written a note for the director of the company B. Majidov wherein he said that he would write article about the director’s absence and refusal of his employee to present information. After a few hours, the lawyer of the private enterprise “Aprevelka” Karimjon Nematov phoned to editorial board of Varorud and told that the administration was ready to give any information for the journalist. August 9 Victoria Tyan (Chkalovsk City) At the beginning of August a stringer of information-analytical agency Varorud Victoria Tyan had appealed to the head of Statistical Department of Chkalovsk City Hukumat Irina Kituk. The journalist was interested in information about the population of Chkalovsk. But Irina Kituk categorically refused to give the number without an official permission from the head of Regional Statistical Department. August 13 Turko Dikaev (Kulob City) On 12 August 2004 chief doctor of Kulob City Abdukodir Murodov refused to answer to the questions of personal correspondent of independent information agency “Asia-Plus” Turko Dikaev. The question concerned sanitary situation of city streets and prohibition to burn garbage on dumps. Chief doctor told that he was not authorized to answer to the questions of journalist, especially independent one without an official presence of the representative of the city’s Hukumat. August 19 Ulfatmo Bakhtalieva (Badakhshoni Kuhi Region) On 17 August 2004 a shooting team of TV Badakhshan, headed by correspondent Ulfatmo Bakhtalieva arrived to shoot the process of reconstructions in Regional Hospital and preparing it for the upcoming winter. Chief Doctor of the hospital Mr. Jamshedov, referring to being busy, refused to answer to the questions of journalist. He told that journalist could receive necessary information from his deputies. However, several appeals to the deputies of the chief doctor did not bring any result.
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. According to Article 27 of the Law of RT “On press and other mass media”, citizens have right to receive any reliable information about the activities state structures, social unions and authorities and this norm of Law directly obliges state authorities and officials not to allow circumlocution when journalists address to them for information about their activity. At the same time, such artificial limitations in receiving information are illegal.
4. Violation of rights in equal receipt of information
August 31 Independent journalists (Kulob City)
On 31 August 2004 personal correspondents of Ruzi Nav, Adolat, Odamu Olam,
Nerui Sukhan, Khatlon Press, Varorud, Asia Plus, Svoboda and Sadoi
Khuroson Radios were not permitted to the ceremony of the visit of Tajik
President to Kulob City, which was getting ready for celebrating 2700
anniversary of the city. As the head of Kulob Administration’s office,
Zafar Mirzoev told: “the list of journalists, who were permitted to the
official ceremony, was received from Tajik President’s Office”.
COMMNETARY Article 36 of the Law of RT “On Information” guarantees all participants of informational relations equal rights and opportunities of an access to information and nobody can limit rights of an individual in choosing any form and source of information. Therefore, making priorities for separate mass media and journalists is groundless.
5. Groundless interference in the activity of mass media
August 9 Davlat Shohetiborov (Kurgan tube city) On 5 August 2004 a field officer of OSCE in Kurgan tube City Stoyan Davidov have called journalist, Davlat Shohetiborov to his office and sharply spoke against his critical TV article, devoted to the seminar “Human trafficking and its coverage through mass media”, organized by OSCE. According to Davlat Shohetiborov, the main topic of that seminar concerned mass media but unfortunately only representatives of local NGOs were invited to it. Those NGOs who were invited to the seminar did not have anything to do with mass media. Stoyan Davidov told Davlat Shohetiborov that he was invited to the seminar as a participant but not for spreading information about OSCE in the whole world.
COMMENTARY According to the Article 6 of the Law of the Republic of Tajikistan “On TV and Radio Broadcasting”, it is forbidden for governmental institutions, local governments and their officials, political parties, social organizations and individuals to interfere in the activity of TV and Radio organizations. Article 31 of the Law “On press and other mass media” provides journalist a right to search, receive and spread information.
6. Groundless refusal to receive journalist
August 25 Mardoni Muhammad, Anora Sarkorova, Nargis Zokirova (Dushanbe City) On 19 August 2004 correspondents of Persian and Russian services of BBC Mardoni Muhammad, Anora Sarkorova and independent journalist Nargis Zokirova came to Tax Police in order to receive information about the closure of the private printing house “Jiyenkhon”. As a result of closure independent and opposition newspapers Rusi Nav, Odamu Olam and Najot could not print their editions. Journalists were not permitted to enter the building and they were told that the responsible person of closure of the printing house Khurshed Gulomov was out of office. Journalists had to wait for him about half an hour. After Khurshed Gulomov entered the building and having seen journalists, quickly disappeared. August 26 Nazarali Pirnazarov (Dushanbe City) On 18 August 2004 deputy minister for Emergency Situations, Islom Usmonov told correspondent of information internet-agency “Avesto” Nazarali Pirnazarov that he would not receive him any more and would not give any information. Islom Usmonov told that the interview that earlier he gave to Nazarali Pirnazarov was used by other mass media. Although Nazarali Pirnazarov said that that interview was not used by any other newspapers.
COMMENTARY The refusal in giving social important information is not based on law. According to Article 31 of the Law of RT “On press and other mass media” journalist has right to be received by officials in connection with fulfillment of professional journalistic responsibilities. 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.
7. Groundless Arrest of Newspaper’s Edition
August 18 Independent mass media (Dushanbe City) Officers of the Ministry for Income and Tax had come to the private printing house “Jiyenkhon” at that day when Nerui Sukhan weekly was supposed to be published. The officers checked the number of circulation. According to provisional data, the declared circulation was 2700 copies but the real number made up to 7000 copies. Officers of the ministry had seized all circulation and closed down the printing house. In connection with this, three more newspapers –Ruzi Nav, Najot and Odamu Olam could not publish their editions. All above-mentioned newspapers are famous for their critical publications towards government. Editor-in-Chief of Nerui Sukhan Mukhtor Bokizoda told that the number 2700 is an old one that is located at the date-line, but on every issue that is published it shows number 7000 copies.
COMMENTARY The actions of representatives of Tax organs are illegal since according to Article 22 of the Law of RT “On press and other mass media”, hindrance from spreading mass media outlets, at the same time seizure of circulation is forbidden. Mass Media has a right to appeal to court to protect its violated rights.
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