 |
|
|---|---|
|
|
|
 |
|
|
|
|
|
September 2004
In September 2004 monitoring of the violations of the rights of journalists and Mass Media in Tajikistan had stated 26 messages. Of which, 10 messages determine actual position of Mass Media in the light of socio-legal and political atmosphere of the month. 15 of them give information about direct violations of the rights of journalists and Mass Media. One case gives information about violation incriminated to Mass Media.
II. violation of rights of journalists and mass media III. 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. Actions of officials, defining the actual state of mass media
September 21 Nerui Sukhan weekly (Dushanbe City) Editor-in-chief of Nerui Sukhan weekly Mukhtor Bokizoda received a letter from General Prosecutor of the RT, B. Bobokhonov. In his reply to the message of editorial board of September 1, 2004 concerning difficult situation with newspaper publication, General prosecutor stated, “State organs do not have anything to do with the closure and the arrest of Nerui Sukhan weekly and other Republican newspapers”. “All talks about as if organs of Prosecutor’s Office of the RT put pressure upon freedom of speech, are not grounded in facts, he stated in the reply. – “Such talks are intended to shift attention of the editorial office from fulfillment of the requirement of the law of the RT “On press and other mass media”. Suspension or closure of mass media is permitted only if they had violated laws, including abuse of freedom of speech. At the same time you are required to organize the activity of newspaper within frames of the acting legislation, and before publishing an article it is necessary to conduct close journalistic investigation, to be sure in authenticity of information and not to publish anonymous articles”, -the General Prosecutor of the RT stated in his message. September 24 Mukhtor Bokizoda, independent weekly Nerui Sukhan (Dushanbe City) Editor-in-chief of Nerui Sukhan weekly Mukhtor Bokizoda was called to the head of the Tax Police Department of Tajikistan, Negmatullo Mahmadulloev. During talks with the journalist, he complained about articles published in the newspaper on 23 September 2004 wherein it said that Tax Police always persecutes the newspaper Nerui Sukhan. N. Mahmadulloev stated that tax police does not have a grudge against the weekly. The editor-in-chief believes that “just Tax Police Department of Tajikistan always persecutes Nerui Sukhan. Officers of Tax Police always show up in those printing houses where the weekly is being published and after that the administration of printing houses refuses to cooperate with the newspaper”.
2. Assessment of actual position of mass media and freedom of speech
September 7 All mass media (Dushanbe City) On 6 September 2004 Tajik President Emomali Rahmonov received General Secretary of OSCE Yan Kubish who took a visit to Tajikistan. As a result of his visit, head of OSCE presented a press-conference for journalists wherein he stated that during meeting with the President, they talked issues of difficult state of independent mass media in Tajikistan. They made an agreement about that that government of the Republic would no longer put pressure upon freedom of speech, at the same time independent mass media would obey the laws of Tajikistan. September 7 All mass media (Dushanbe City) Social Democratic Party of Tajikistan (SDPT) on 7 October 2004 made a statement concerning availability of cases of violations of the rights of journalists and mass media in Tajikistan. For the last time, under different reasons private printing houses “Jiyenkhon” and “Karim Kodiri” were closed down wherein independent and party newspapers Nerui Sukhan, Ruzi Nav, Odamu Olam, Najot and Adolat has been published. State printing houses, for their part categorically refuse in publishing the mentioned newspapers. In its statement SDPT refuted the argument of authorities who mention just economic reasons of these incidents, and SDPT believes that authorities want to take control over private printing houses. The statement in particular says: “We think that the main purpose of such behavior is to intimidate mass media and journalists on the eve of the upcoming parliamentary elections, and we believe that such policy would not promote the consolidation of society. Moreover it could lead to destabilization of socio-political situation in the country, and only government of Tajikistan would be responsible for all of these cases.” September 9 All mass media (Dushanbe City) “Tajikistan is stepping back from democratic achievements in the field of freedom of speech”,- deputy chairman of Islamic Renaissance Party of Tajikistan, Muhiddin Kabiri was interviewed in Deutsche Welle radio. According to him the refusal of printing houses in publishing independent and party newspapers, pressure upon mass media and journalists by tax organs and prosecutor’s offices, which periodically give warnings to non governmental newspapers, are evidence of unwillingness of authorities to continue following democratic principles of development. “The problems, that mass media and political powers are facing now, tells about that Tajik people are not aware of democratic principles yet”, told Kabiri. –We talk more about democracy than follow its principles. And what about the closure of some newspapers and limitations in the activity of mass media, then it is connected with the upcoming elections. Authorities already started to fear that further development of democracy and mass media activity could be harmful to them, since Tajik population could know about those shortages that exist in the society. And this is not in favor of the government on the threshold of parliamentary elections, that is why they took such risky way, in my opinion”, - M. Kabiri noted. September 30 All mass media (Dushanbe City) At the session of the club “Social Partnership”, organized by Social Council of RT, Chairman of Communist Party and deputy of the parliament Shoddi Shabdolov, commenting on the situation around Ruzi Nav, Najot, Nerui Sukhan and Odamu Olam, in particular told: “As deputy and chairman of the political party, I don’t support the closure of any newspaper. I think that government and State organs of the RT should help editorial boards to publish their newspapers somewhere else. We have a lot of printing houses for that. If we speak about civilized and legal society, then everything should act within law. This is the main prerequisite for solving existing problems”. Head of OSCE Center in Dushanbe Ive Bargen noted that informational access of the population of the RT is necessary for democratic and social-economic development of the country.
3. Journalists’ actions to protect their civil and professional rights
September 6 Mukhtor Bokizoda (Dushanbe City) On 1 September 2004 editor-in-chief of Nerui Sukhan weekly, Mukhtor Bokizoda had sent a letter to the administration of Publishing complex “Sharqi Ozod”, to Tajik President’s Office and also General Prosecutor of RT. In his letter, he requested to give him a chance to print his newspaper in Sharqi Ozod Printing House. According to Mukhtor Bokizoda, the printing house had refused him that day. “Don’t bother me!”, said M. Dodokhonov, director of Sharqi Ozod printing house. When speaking with Mukhtor Bokizoda, main officer of the General Prosecutor’s Office of the RT Mehrojiddin Hakimov told that general prosecutor’s office does not object to print the newspaper, and only a court has a right to stop the activity of the newspaper. September 22 All mass media (Dushanbe City) On 20-22 September 2004 National Association of Independent Mass Media in Tajikistan (NANSMIT), under the support of OSCE Center in Dushanbe have conducted a seminar on “Mass Media and Elections in Tajikistan”. Representatives of Republican newspapers, political parties, local and foreign experts on election issues have participated at the seminar. The main purpose of the seminar was to explain the legislation of the RT and International legal acts, ratified by Tajikistan, which protect the rights of journalists during election campaign. September 24 All mass media (Dushanbe City) Dushanbe Declaration on calumny and freedom of speech became the result of the work of the sixth Central Asian Conference on Mass Media, which was held on 23-24 September in Dushanbe. The conference was conducted under the aegis of representative of OSCE on freedom of mass media Miklosh Kharasti and OSCE center in Dushanbe. At the conference they particularly said that it was necessary to limit the opportunities of state officials and politicians who bring lawsuits against journalists and mass media, repeal a law allowing criminal and civil prosecution of journalists for humiliating the honor and dignity of authorities. Besides, it is necessary to adopt universal laws on free access to information based on international standards and parliament must provide multilateral control over fulfillment and observance of these laws and standards. September 28 All mass media (Khujand City) “Mass Media and Elections” was the main topic of the seminar conducted in Khujand on 25-27 September 2004. It was organized by the National Association of Independent Mass Media in Tajikistan (NANSMIT) under the support of OSCE Center in Dushanbe. Journalists of northern part of Tajikistan have participated in the seminar. Representatives of Dushanbe Office of IWPR Lidia Isamova, Swiss Institute for Media Democracy Andre Loershe, political scientists and legal experts told seminar participants about their experience and technology of covering the activity of political parties, election campaigns and referendums in Tajikistan and also journalists’ rights during election campaigns. Having analyzed the activity of Sughd media in covering political life in the country, expert of the project “Mass Media and Elections” Shokirjon Hakimov noted that media activity in Sughd Region is ineffective and does not promote carrying out democratic, transparent and fair elections.
II. VIOLATIONS OF THE RIGHTS OF MASS MEDIA AND JOURNALISTS (up)
1. Hindering legal professional activity of journalist
September 23 Bakhtiyor Valiev (Khujand City) On 21 September the head of Sughd Regional Interior Affairs Department (IAD) Shomukhtor Umarov not only refused correspondent of informational agency Asia-Plus Bakhtiyor Valiev in receipt of information but also forbade him to enter the building of IAD in the future. He called the security guards and criticized them for letting the journalist in. September 23 Salomat Kurbonova (Khujand City) On 21 September 2004 having seen the correspondent of information-analytical agency “Varorud” Salomat Kurbonova, the head of Sughd Regional Interior Affairs Department (IAD) Shomukhtor Umarov rudely asked her to leave the building and not to appear there anymore, stating that she did not have a right to be there. After that, Umarov has ordered security guards not to allow the correspondent into the building in the future, as if she was strolling around the building and disturb officers of law enforcement organs.
COMMENTARY Legislation of the RT (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 the freedom of speech, press, right to use mass media. According to the Article 31 of the Law “On Press…” journalist has the right to find, receive and distribute information, 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 a corpus of crime, set by Article 162 of the Criminal Code of the Republic of Tajikistan.
2. Groundless refusal in presenting socio-important information
September 2 Tatyana Zvonnikova (Khujand City) Senior specialist of the Department for Science, Universities and Educational Institutions of the Hukumat of Sughd Region Mirzotahir Nabiev refused to present information to the editor of information-analytical agency “Varorud” Tatyana Zvonnikova. Journalist wanted to find out about how many students would be sent for cotton harvesting and from what universities they were. He refused to give information referring to absence of higher authorities. September 12 Rajabi Mirzo, Mavluda Sultonzoda, Firuza Kodiri (Dushanbe City) On 12 September President of Iran Muhammad Hotami was supposed to host a meeting with Tajik intelligentsia. Correspondents of State agency “Khovar” Firuza Kodiri, editor-in-chief of Ruzi Nav Rajabi Mirzo and journalist of this weekly Mavluda Sultonzoda were among invitees. But later before the meeting someone has called them from the Iranian Embassy and told that government of Tajikistan considered undesirable to invite these journalists to the meeting of President Hotami. September 23 Bakhtiyor Valiev (Khujand City) On 21 September 2004 correspondent of informational agency “Asia-Plus” and “Leninabadskaya Pravda” newspaper B. Valiev intended to receive weekly report of events from Sughd Regional Interior Affairs Department (IAD). But the head of the department, Shomukhtor Umarov told journalist that it was forbidden to give information and only higher organs are authorized to give such information. Other journalists were also refused in receipt of information at IAD. September 23 Salomat Kurbonova (Khujand City) On 21 September 2004 representatives of Sughd Regional Interior Affairs Department refused correspondent of information-analytical agency “Varorud” Salomat Kurbonova in presenting weekly report of events, referring to prohibition of presenting any information to journalists. According to S. Kurbonova, earlier she was receiving weekly reports both at the press-center and at IAD.
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 legal questions, which were not related to the state and secured secret. 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 in presenting socio-important information
September 2 Mashura Ochilova The correspondent of Khujand branch of “Internews” Mashura Ochilova had appealed to the Department of Statistics with an official request to present information on average salary of Tajik citizens and amount of people who receive it in Sughd Region. The head of Statistics Department Mr. Isomiddinov directed the journalist to the accounts department. Chief accountant Kodirov asked to pay 10 somoni (approx. $3) for presenting information, stating that that was one of the regulations of the president of Tajikistan. September 7 Kurbon Alamshoev (Badakhshoni Kuhi Autonomous Region) On 5 September 2004 correspondent of BBC Radio in Badakhshoni Kuhi Region Kurbon Alamshoev addressed himself to the Interiors Department of Badakhshoni Kuhi Autonomous Region. The correspondent wanted to find out about a car crash, occurred at Khorog-Dushanbe Highway wherein seven people died. A police officer-in-charge Donarbekov asked journalist to come later. But later he refused to give necessary information, referring to authorities who requested not to distribute any information yet. As it became known later, nobody gave him such order. September 13 Boris Khairiddinov (Dushanbe City) Correspondent of Informational Agency “Avasto” Boris Khairiddinov had appealed to the head of Foreign Department of the Ministry of Health of the RT G. Tumanova. The journalist wanted to know about the results of foreign business trips of the Health Minister. However G. Tumanova told that she could not provide information without the permission of the head of the Department for coordination of mass media. Having received permission, the journalist appealed to Tumanova again but anyways she refused to give information. September 16 Olga Senchuk (Dushanbe City) On 2 September correspondent of the weekly Vecherny Dushanbe Olga Senchuk have appealed to the press center of Interiors Ministry of the RT in order to receive detailed information about firing the building of Tojikibod Prosecutor’s Office. However, officer of the press center Kh. Asoev told that they did not have such information. September 20 Valentina Kosimbekova (Dushanbe City) Deputy editor-in-chief of Businessmen weekly Valentina Kasimbekova had appealed to the officer of the State Committee for Construction and architecture of the RT U. Iskhakov to receive information about house building in Dushanbe City. At the same time, the journalist explained that within two months she could not meet with the chairman of the State committee, M. Khalifaev because of being fully busy. But U. Isakov replied that he could not present any information and it would be better if she would wait until the chairman could receive her. September 24 Valentina Kasimbekova (Dushanbe City) On 23 September 2004 correspondent of monitoring service of the National Association of Independent Mass Media in Tajikistan (NANSMIT) Valentina Kasimbekova addressed herself to the secretary on civil cases of the Supreme Court of the RT Farhod Mansurov. She was interested to know why the deputy chairman of Dushanbe City Court, N. Amirov who brought a lawsuit against Vecherny Dushanbe weekly rejected the protest of General Prosecutor’s Office. However, F. Mansurov told that he was not authorized to give such information, and advised to appeal to a person who was responsible for that. But V. Kasimbekova could not receive any information from any other places. September 24 Valentina Kasimbekova (Dushanbe City) On 23 September 2004 correspondent of monitoring service of the National Association of Independent Mass Media in Tajikistan Valentina Kasimbekova addressed herself to the secretary on civil cases of the Supreme Court of the RT Farhod Mansurov. She wanted to know about the activity of the Supreme Court in solving housing issues. But F. Mansurov told that he did not have such information and advised her to appeal to the Council of Justice.
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 the RT “On Press and other mass media” citizens have right to operatively receive authentic information about the activity of State organs, social unions and officials; this norm of the Law obliges State organs and officials not to make circumlocution when talking to journalists who came to receive information about their activity. And Article 16 of the Law of the RT “On Information” guarantees citizens, scientific departments and other interested organizations an open access to unpublished statistic information, and the request of the official of Statistic organ about an advance payment for information is illegal.
3. Infringement of economic rights of mass media
September 6 Muhiddin Idizoda (Dushanbe City) Editor-in-chief of Adolat newspaper (organ of the Democratic Party of Tajikistan) Muhiddin Idizoda told that on 6 September 2004, private printing house “Karimjon Kodiri” refused to print regular issue of the newspaper. “Although we made an agreement to print the next issue of the weekly- told Muhiddin Idizoda to the correspondent of monitoring, - but already they refused us by the next day”. Weekly’s officers appealed to other printing houses, but they were refused everywhere without a reason. “Probably all printing houses were secretly charged by authorities not to publish independent newspapers on the eve of 80 anniversary of Dushanbe City which would be held in October 2004”, -said Muhiddin Idizoda. September 20 Independent weekly Nerui Sukhan (Dushanbe City) After private printing house Jienkhon was closed, Nerui Sukhan printed some of its issues at the printing house “Payomi Oshno” in A-4 format. However, on 16 September 2004 tax police had arrived in printing house “Payomi Oshno”, after that the printing house refused to cooperate with editorial boards of all independent newspapers, including Najot newspaper –organ of the Tajik Islamic Renaissance Party.
COMMENTARY According to the Articles 328 and 355 of the Civil Code of the Republic of Tajikistan, mass media, like any other subjects of economical activities, have a right to present lawsuits on obligations resulting from damage or unaccomplishing of the terms of an agreement, as well as to demand the retribution of all damages. Mass Media also has a right to demand a strict execution of an agreement and payment of all damages through a court.
III. CONFLICTS. VIOLATIONS INCRIMINATED TO MASS MEDIA AND JOURNALISTS (up)
1. Demands of protection of honor and dignity, following from facts of publication of curtain information
September 30 Weekly newspaper “Vecherny Dushanbe” (Dushanbe City) On 30 September the Court of Firdausi micro-district of Dushanbe City started a court session on the lawsuit of the deputy chairman of Dushanbe City Court N. Amirov against Vecherny Dushanbe weekly. Lawyer S. Juraev was an adviser on this issue. He noted that plaintiff’s claim of N. Amirov to pay 300 thousand somoni (about 100 thousand USD) cannot be answered, since all information provided in the article “There is power over Judges” (¹10, from 5.03-2004) represent the facts. When the chief judge, Ahmadjon Kosimov asked him to determine facts that humiliated his honor and dignity, N. Amirov started analyzing criminal cases (regarding Ashurov) and check the correspondence between criminal materials and the article. The session has lasted for a few hours and postponed until the next day.
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 consists 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.
|
|
