 |
|
|---|---|
|
|
|
 |
|
|
|
|
|
November 2004
MONITRING OF FREEDOM OF SPEECH OF TAJIKISTAN
In November 2004 monitoring of the violation of the rights of journalists and Mass Media in Tajikistan had stated 28 messages. Of which, 7 messages determine actual position of Mass Media in the light of socio-legal and political atmosphere of the month. Eighteen of them give information about direct violations of the rights of journalists and Mass Media, 3 cases give information about violations incriminated to Mass Media.
I. PECULARITIES OF THE POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL CLIMATE IN THE COUNTRY, DETERMINING ACTUAL POSITION OF MASS MEDIA
1. Public speeches, statements and reports of higher officials, defining the actual state of mass media
November 5 All mass media (Dushanbe City) At the meeting, devoted to the 10th anniversary of the Constitution of Tajikistan, President of Tajikistan Emomali Rahmonov said: “On the eve and during election campaign, mass media become very active. They could play an active role in providing transparency during elections and could raise the level of political, legal and civil knowledge of citizens. We are completely sure that mass media will realistically cover the process of preparation and conducting elections and also socio political life of the country as a whole. Those agencies charged with enforcing media laws must ensure strict observance of the requirements of legislation of the country, when dealing with all domestic mass media and representatives of foreign mass media, operating in Tajikistan. Because, the respect for the law and maintaining supremacy of the law are the most important factors in establishing civil society, and we should forget about it.”
November 5 All mass media (Dushanbe City) On 5 November 2004, at the grand meeting, devoted to the 10th anniversary of the Constitution of Tajikistan, President of Tajikistan Emomali Rahmonov, touching upon the problem of corruption, said the following: “It seems expedient to distribute the results of checks through mass media, conducted by the State Committee for Financial Control, the decisions of judicial bodies and prosecutor’s offices, since it will help us to prevent misuse and misappropriation of the State funds, bribery and to provide transparency to the activity of the State organs”.
2. Actions of officials, defining the actual state of mass media
Chairman of the Hukumat of Sughd Region issued a decision #245 from 23 October 2004 “On preparation and organized conducting Haj-2005 campaign” (the season of pilgrimage to Mecca), wherein it tells about measures that could prevent tourist companies and individuals from organizing departures of pilgrims without the permission of the Committee for Religious Affairs under government of RT. Section 18 of this document directly forbids regional TV and radio, regional State newspapers to receive, print and broadcast announcements and advertisements of individuals and organizations on pilgrimage issues.
3. Assessments of actual position of mass media and freedom of speech
November 25 Weekly newspaper Ruzi Nav (Dushanbe City) On 24 November 2004 the US Embassy to Tajikistan distributed a press release wherein it says: “State organs seized the last issue of Ruzi Nav weekly on 3 November and prohibited the distribution on 22 November 2004. Newspaper editors stated that it was the act of hunt by the Government. Officials stated that the newspaper violated a corresponding law. The Constitution of Tajikistan guarantees freedom of mass media. We are sorry that these actions limit the freedom of press, and we urge both sides to show maximum openness and make best possible efforts to resolve the conflict”.
November 25 Internews-Network An electronic bulletin of “Internews Network”(#2, dated 25 November 2004) had published the article by journalist Marat Mamadshoev wherein he analyzed the state of Tajik mass media. The author considered that there were little information, facts, quotations and opinions in Tajik newspapers. Many mass media still practice self-censorship, write illegibly and demonstrate obvious disrespect to a reader, publishing lowbrow stories. It was noted that journalists do not have abilities for creative growth. The author finished his article with the following conclusion: “Irresponsibility and carelessness, being quite popular in mass media, make them vulnerable to legal prosecution and etc”.
4. Journalists Actions to protect their civil and political rights
November 25 All mass media (Dushanbe City) On 25 November 2004 British Representative office of the Institute for War and Peace Reporting in Tajikistan and Tajik Center for Information and Analyzes of Human Rights with an assistance of UN’s Peacekeeping Bureau conducted a seminar for journalists on “Constitutional Law of the RT “On elections to Majlisi Oli of RT” and the activity of mass media”. Representative of the Central Election Committee Mehrob Kobirov talked about the calculation of votes’ procedure, and lawyer Junaid Ibodov analyzed the legislation of the RT on elections and answered journalists’ questions.
November 30 All mass media (Dushanbe City) Under financial support of the Commission for Democratic Development of the US Embassy in the RT, Tajik Association of Independent Electronic Mass Media (TAIEMM) had organized a conference “On contribution to the development of independent and pluralistic electronic mass media of Tajikistan” where they approved the project of the Program of State support of electronic mass media of Tajikistan and adopted the basis of the project of Broadcasting concept. A working group headed by the chairman of TAIEMM, Muso Asozoda will work out the project concept. It was also decided that those mass media, which are not included in the working group, must prepare their proposals, which will be mentioned in the Broadcasting concept. At the conference, the most heated discussions were carried out just around this concept, which according to several participants, it would create new limitations for broadcasting independent TV channels. Conference participants also noted that TV companies face problems when obtaining authorization for frequency. Participants noted that State Communication Department of Tajikistan was not functioning and protecting the interests of citizens. At the end of the conference, they appealed to the president, parliament and a number of ministries and departments of the country and requested to create favorable condition for the development of the free and democratic mass media and adopt the Program of State support of electronic mass media.
II. VIOLATIONS OF RIGHTS OF MASS MEDIA AND JOURNALISTS
1. Violations of constitutional guarantees of freedom of creative work
On 9 November 2004 Tajik TV broadcast a program wherein they told that tax police seized printed newspapers “Ruzi Nav” which were published in Bishkek (Kyrgyzstan). In this program it was also told that Ruzi Nav newspaper contained some information, which was undesirable to the State policy. To the question of the correspondent of monitoring, why the newspaper’s circulation was seized, editor-in-chief of “Ruzi Nav” Rajabi Mirzo answered: “The newspaper was seized without warrant. As far as I know, transport tax police requested the Ministry of Culture of the RT to make an examination to determine how Ruzi Nav newspaper is connected with cultural value, which is forbidden to export without special permission from authorities. Even if the Ministry of Culture concludes that the newspaper has no cultural value, tax police officials would find new reasons to close down newspaper and seize its circulation.
November 23 Varorud weekly On 23 November 2004, at the press conference, administration of the Council of veterans of Sughd Region demanded that editorial board of Varorud weekly apologize. It was caused by an article of Negmatullo Mirsaidov “The Street was widened, and sidewalk was forgotten”, published on 10 November 2004 in Varorud newspaper. According to the Council of veterans, journalist added an incorrect phrase: “It seems unlikely that somebody would protest against carrying obelisk to another place…” (There is a monument to the victims of World War II, built near central market “Panjshanbe” in Khujand City) November 30 Jovid Mukim (Dushanbe City) On 30 November 2004, independent journalist Jovid Mukim sent a letter to the National Association of Independent Mass Media in Tajikistan (NANSMIT) and Fund for Memory and Protection of the rights of Journalists of Tajikistan. After publishing his article “Is it easy to become a scientist?” in Nerui Sukhan newspaper (29 July 2004), wherein he criticized the process of conferment of academic degrees upon high-ranking officials, journalist fell into disfavor of the administration of Tajik State National University (TSNU) where he worked as a lecturer. According to Jovid Mukim, his conversation with the dean of the Department of Journalism A. Sadullaev and meeting between the rector of TSNU and teaching staff to discuss latest events in Ukraine, proved his words to be true. During the two meetings, they talked negatively about his journalistic activity, as if he was escalating hostility between university and the government. “The authorities are doing their best to drive me out of the university and stop my journalistic activity”, - said Jovid Mukim.
COMMENTARY The above-mentioned statement about unwanted publications of any character is not based on law. 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. According to the Article 20 of the Law of RT “On press and other mass media”, each citizen has a right to express their views and opinions, distribute them in any form in press and other mass media.
2. Insulting journalists November 12 Bomdod weekly (Kurgan Tube City) On 12 November 2004, a correspondent of Bomdod weekly, Mohsharif Kurbonova, participated in session of Sino district court in Dushanbe City as a plaintiff. As a result she came late to the office. According to M. Kurbonova, she timely informed editor-in-chief Davlat Shoetiborov that she was summoned and got a permission to be absent. However, when M. Kurbonova came back to the office after the court process, D. Shoetoborov rudely scolded her for being late and threatened with dismissal.
November 25 TV Badakhshan (Khorugh City) On 25 November 2004, an unknown man approached a correspondent of TV Badakhshan, Gelos Mamadloikov, on his way to the studio, to insult journalist with obscene words. He noted, “People such as Mamaloikov disturb the society”. Journalist demanded that he explain, but the unknown person fled away.
COMMENTARY Insulting the honor and dignity, expressed indecently, amounts to a crime, provided for in the Article 136 of the Criminal Code of the RT – Insulting. The cases on crimes, foreseen by this article, belong to the category of private persecution, which can be instituted only after a statement of victims. In such situations, journalist has a right to appeal to law enforcement organs with corresponding statement and institute criminal proceedings against a person who insulted him.
3. Groundless refusal to present information important to the public
November 4
Rano Alimshoeva (Badakhshoni Kuhi Autonomous Region)
On 3 November 2004, a correspondent of TV Badakhshan, Rano Alimshoeva, requested receive information about the process of reforms in Khorog high schools form the Education Department of Khorog City. As long as the head of education department was not in office, she appealed to specialists for the department. But the specialists told that they were busy preparing the session of the most active residents of the city, and they therefore had no time to talk to journalist. Later they ignored the remark by Rano Alimshoeva about their responsibility to present information. The journalist reported on the incident in news program.
November 9 Turko Dikaev (Dushanbe City) On 9 November 2004 the administration of Kulob sanitary-epidemiological center refused to give information to a staff correspondent of Asia-Plus Agency, Turko Dikaev. The journalist worked on the material about a teenager, who died after a wild dog bit him several times in Kul village. Journalist was searching for statistical data on Kulob police officers shooting wild dogs. But the administration of Kulob sanitary-epidemiological center told that they did not have such information. Journalist had to look to other sources for information.
November 16 Sairahmon Nazriev (Kurgan Tube) On 16 November 2004 independent journalist Sairahmon Nazriev phoned to the press center of the Interior Affairs Department of Khatlon Region. The journalist tried to find out how many criminal proceedings were instituted in 2004. But the head of press-center noted: “Don’t call anymore; I won’t answer questions of a journalist, unknown to me”.
November 17 Turko Dikaev (Kulob City) On 4 November 2004 the administration of Kulob sanitary-epidemiological center refused to give information to the staff correspondent of Asia-Plus Agency, Turko Dikaev. Journalist was interested in morbidity of population of the region from infectious diseases during nine months of 2004. In June 2004, officials touched upon the information of Turko Dikaev about typhoid fever in one of the press conference of the City’s Hukumat. At the same time, the head of the health department of Khatlon Region A. Haknazarov forbade officers of health institutions to give any information to independent journalists and personally to Turko Dikaev. After that, sanitary-epidemiological center were following these instructions. Each month when journalist appeals for statistical data, doctor on duty replies: “We are not authorized to give general reports to journalists”. November 25 Faiz Mirasanov (Khorog City) A correspondent of the Tajik service of Radio Freedom, Faiz Mirasanov came to the check-point of the military unit 2022 of the Federal Border Service of Russian Federation. He wanted to meet with the deputy chairman of the Committee for State Border Control of RT, General Nuralisho Nazarov in order to receive information about the hand-over of the unit to Tajik border guards. At the checkpoint, military officers asked journalist to wait until they get into touch with the command. After a while, an officer came up to the journalist and said that they cannot give any information. In spite of arguments, journalist was not allowed to enter the territory of military unit.
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 the above-mentioned cases, journalists were interested in health and education issues and criminal statistics that do not concern State 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. 4. Groundless limitation in presenting socio-important information
November 10 Bomdod weekly (Kurgan Tube City) On 10 November, a correspondent of Bomdod weekly, Mosharif Kurbonova, appealed to a specialist of agriculture department of Khatlon Region Hukumat, Hamro Rahimova. She wanted to receive information about the results of cotton harvesting campaign. But the official refused to present information referring to the absence of the head of the department. “I cannot give any information to journalists without the permission of the head of the department, especially to Bomdod newspaper,” he noted. November 17
Amon Mardonov, Mirzojalol Shochamolov (Badakhshoni Kuhi
Autonomous Region) November 22 Hikmatullo Bahodurov (Isfara City) On 22 November 2004, an editor of independent Law and society newspaper, Hikmatullo Bahodurov, addressed to the land committee of Isfara City in order to receive information about the allotment of land for sowing. However, they requested journalist to present the permission letters of Sughd Region Land Committee and deputy chairman of Isfara City. Officials told that they needed permission letters for the report before authorities. 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 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. Groundless limitations in receipt of information are illegal.
5. Groundless Arrest of Newspaper’s Edition
November 9 Ruzi Nav weekly (Dushanbe City) On 4 November 2004 the edition of Ruzi Nav weekly which was published in Bishkek has been delivered to Dushanbe Airport. When the officers of editorial board, having shown their documents, were already leaving the territory of airport, representatives of transport tax police came up to them and seized all issues of Ruzi Nav. They accused editorial board of understating information on circulation. Editor-in-chief Rajabi Mirzo required to re-count all copies in the presence of witnesses, but officers of tax police refused and arrested newspaper’s edition. During his talk with the correspondent of monitoring, Rajabi Mirzo stated that in the near future he would bring an action against tax police officers.
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 and request to compensate for moral and property damages.
6. Groundless summons to law enforcement organs
November 16 Bomdod weekly (Kurgan Tube City) On 16 November 2004 the founder of Bomdod newspaper Tolibsho Saidov was summoned to talk with senior prosecutor of Khatlon Regional Prosecutor’s office, Abdumajid Sodikov. The newspaper’s founder was supposed to answer to 52 questions and present full financial report. That is not the first case when prosecutor’s office put pressure upon the activity of newspapers. According to T. Saidov, prosecutor’s office already several times has interfered in the financial activity of Bomdod newspaper November 21 Ishkoshim District newspaper Zindagi (Badakhshoni Kuhi autonomous region) On 21 November 2004, an editor-in-chief of Ishkoshim District newspaper Zindagi, Mohira Panjshanbieva, was summoned to the prosecutor’s office. The reason of summons was an article wherein the journalist brought the quotation of the deputy chairman of Badakhshoni Kuhi Region Muborakshoev who had roughly criticized the activity of Ishkoshim Prosecutor’s Office. According to the editor-in-chief, the representatives of Ishkashim Prosecutor’s Office were offended by Muborakshoev. Mohira Panjshanbieva also noted that it was not the first summons to the prosecutor’s office. She believes that purpose for that was to put pressure upon the newspaper and frighten journalists. COMMENTARYA citizen may be summoned to the law-enforcing bodies only in cases and under conditions, provided for by Law, and a person who summons a citizen is obliged to inform him the main reasons for accusations. In case there is no cause for such invitation, a citizen has a right to sue a respective official. In the second case, obviously officer of prosecutor’s office ignored the requirement of Article 2 of the Law of RT “On press and other mass media”, that prohibits persecution for criticism.
7. Infringement of economic rights of mass media November 4 Asia Plus weekly (Dushanbe City) On 4 November 2004 Asia Plus weekly published an article “Who could be entrusted for subscription?” wherein it informed that editorial boards of Sadoi Mardum weekly (Parliamentary newspaper) and Minbari Khalq weekly (organ of People’s Democratic Party of Tajikistan) raised claim on the administration of State department “Tajik Post” concerning the distribution of these newspapers under subscription. “The reason for such a sharp statement was the debt of State department “Tajik Post” before editorial boards – 30 thousand somoni before Sadoi Mardum (approx. $10 thousand) and 15 thousand somoni (approx. $5 thousand) before Minbari Khalq” – Asia Plus spokesman told. – As an alternative decision, newspaper’s editorial boards intended to use the service of “TajikPechat”. According to the commercial director of Sadoi Mardum Abdulmajid Murodov, this conflict was already lasting 2-3 years.
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
1. Demands of protection of honor and dignity, following from facts of publication of curtain information
November 5 Nerui Sukhan weekly (Dushanbe City) On 1 November 2004 editor-in-chief of Nerui Sukhan weekly Mukhtor Bokizoda was summoned to the Firdausi district court of Dushanbe city as a defendant, at the lawsuit on protection the honor and dignity of the head of Law Department of Tajik State National University, Mr. Abdulloev. The reason of lawsuit was caused by the article “When Rahmonov will become Putin” published in Nerui Sukhan newspaper wherein it was told that Abdulloev was taking bribes from the students of that department. The first day of court session, Mukhtor Bokizoda requested to replace judge, because Judge Nozimov who was supposed to conduct a court session was the former student of Abdulloev. In that case, the court session was postponed to 6 November 2004. November 18 Vecherny Dushanbe (Dushanbe City) On 18 November 2004 the Supreme Court of RT conducted a session of Judges on civil cases under the chairmanship of Jalol Isroilov. At the session they considered the appeal of Vecherny Dushanbe weekly on the decision of Khatlon Court, obliging editorial board and lawyer S. Juraev to pay chairman of Dushanbe City Court, N. Amirov 5 thousand somoni (approx. $2000) for moral damage. It should be reminded that article “There is power over Judges” (¹10, from 5.03-2004) was written by lawyer S. Juraev under material of the criminal case of Ashurov who was sentenced to 15 years for 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. Panel of Judges left the decision of Khatlon Court without changes, giving a right to editorial board to appeal the decision to the presidium of the Supreme Court of Tajikistan. November 9 Tojikiston weekly (Dushanbe City) Economic Court of Dushanbe City conducted following court session on the lawsuit of State unitary enterprise “Tajikistan Railways” (TR) against editorial board of Tojikiston weekly to protect honor, dignity and business reputation. It should be reminded that the reason of lawsuit became the article “Monsters- monopolists are eating up people: Barqi Tojik (power company), Tajik Gas, Naftrason (Oil company) and TR” wherein it was told that companies-monopolists, including “TR” company, have forced up prices and tariffs to 75-300% for the last three years. Representative of the plaintiff, a lawyer Isomiddinov stated that TR Company was bearing losses after publishing this article. The Judge requested plaintiff to show all documents, verifying material damage that was caused after publication. Having considered documents and heard the arguments of plaintiff and article’s author, the court refused State unitary enterprise “Tajikistan Railways” (TR) to satisfy the lawsuit on compensating a moral damage to the amount of 10 thousand somoni ($3340). The court decided to oblige editorial board of Tojikiston weekly to publish refutation.
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 of 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.
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
|
|
