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December
2004
MONITORING OF THE VIOLATIONS OF FREEDOM OF
SPEECH IN TAJIKISTAN
In December 2004
Monitoring of the violation of the rights of journalists and
Mass Media in Tajikistan had registered 26 reports. Of these 8
reports determine actual state of Mass Media in the light of
socio-legal and political atmosphere of the month. Fifteen of
them give information about direct violations of the rights of
journalists and Mass Media, 3 reports 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
December 11
Bobojon Bobokhonov (Dushanbe City)
Giving a speech at
the press-conference on 11 December 2004, General Prosecutor of
the RT Bobojon Bobokhonov said, why by the inquiry of their
Tajik colleagues, Russian law-enforcement organs had arrested
chairman of Democratic Party of Tajikistan Mahmadruzi Iskandarov.
According to the General Prosecutor of the RT, M. Iskandarov
used Ruzi Nav weekly which was published outside the
country, in order to libel Tajik people. In addition, B.
Bobokhonov noted that some opposition newspapers, which publish
libelous articles about the government, likely to be supported
by international organizations. “Some international
organizations allocate funds to bring us back to the Civil War,
- said B. Bobokhonov. –But there will be no civil war because
Tajik nation has already faced it”.
December 23
Emomali Rahmonov
On 19 December 2004 chairman of People’s
Democratic Party of the RT and Tajik President Emomali Rahmonov,
giving a speech at the VIII session of the party (“Minbari Khalq”
¹106 19 December 2004) accused independent mass media of
violating the law of the RT “On press and other mass media”. He
said in particular: “When saying “freedom”, our mass media try
to ignore the Law on press, because today, mass media outlets
like independent radio, TV, magazines and newspapers are
financed by different international organizations, and they have
to obey instructions given by their foreign financiers.
Protecting foreign interests, domestic mass media forget about
their own national interests. Just think! Beginning from 2004,
Varorud, Odamu Olam, Ruzi Nav newspapers and radios Vatan,
Mavji Zarrin and Mavjud, which are financed by the Soros
Foundation, have started criticizing Tajik government. You
cannot find such a practice in any other country when local
media outlets, funded by international organizations, stand
against the state policy”.
2. Assessment of actual position of mass
media and freedom of speech
December 10
Embassies of Great Britain, France and
Germany in Tajikistan (Dushanbe City)
On 7 December 2004 the embassies of Great
Britain, France and Germany to the RT had distributed a press
release, wherein they expressed regret for incident of Ruzi
Nav circulation seized by Tajik authorities. According to
them, there is no acute reason, which could justify such action.
“The heads of diplomatic missions emphasize the importance of
permitting free and independent press to function in the RT,
especially on the eve of the parliamentary elections” – they
said in the press release. The ambassadors of European Union
countries urged Tajik government to take necessary steps to
support free mass media and ensure that Ruzi Nav and other
newspapers could be published and distributed without
interference and limitations.
December 25
Abdujabbor Zardiev
(Kulob City)
On 16 December 2004
correspondent of Asia Plus weekly had interviewed
chairman of Kulob City Abdujabor Zardiev. While answering the
question, how to treat independent press, he noted that the
independent press puts obstacles to the way of development of
the country by publishing critical articles. “Of course, it is
my own point of view. For years, the press has been receiving
clear instructions from party committees and suddenly they have
been granted full freedom and independence in writing articles.
Basically, I support independent press and it would be difficult
to build a democratic society without it. Each citizen has a
right to search for the source of information. I read not only
governmental weeklies such as Jumhuriyat or Minbari
Khalq, but also independent newspapers in order to learn the
situation in Tajikistan.”
3. Journalists’ action to protect their civil and professional rights
December 9
All mass media (Dushanbe City)
On 9 December 2004
the National Association of Independent Mass Media of Tajikistan
(NANSMIT) had sent a letter to the Government and the Central
Election Committee of the RT. The letter was written and
approved by the participants of the seminar “Mass Media and
Elections in Tajikistan”, conducted in Dushanbe, Khujand and
Kurgan-Tube in September-November, 2004. Their purpose was to
draw the attention of Tajik government to democratic principles
of fair parliamentary elections to be held in Tajikistan. In
their address, journalists recommended the Government to take
necessary steps to regulate the activities of mass media during
election campaign.
December 14
All mass media (Dushanbe City)
On 14 December 2004
in Dushanbe, Eastern European Democratic Center (Warsaw) and
Center for Journalism in Extreme Situations organized a seminar
“International Standards of Freedom of Speech” The seminar was
conducted with an assistance of the National Association of
Independent Mass Media in Tajikistan. Polish and Russian
specialists on journalism and rights told their colleagues how
Western and Russian press protect freedom of speech. The same
seminar was conducted in Khujand City, capital of Sughd Region.
December 21
All mass media (Dushanbe City)
On 17-18 December
2004 Tajik representative office of the British Institute for
War and Peace Reporting (IWPR) conducted a seminar
“International standards of journalism – journalistic
investigation”. The seminar was conducted at the office of UN’s
peacekeeping bureau in the RT. The director of the IWPR in
Kazakhstan, Edward Poletaev was a lecturer. Tajik journalists
were offered to learn the structure and genres of articles in
international journalism, methods of collecting information and
conducting interviews from the standpoint of western press, and
also legal aspects of journalistic investigation.
December 29
All mass media (Khujand City)
“Access of citizens and mass media to the
official information during preparation and conduct of
elections”, that was the name of a seminar, conducted in Khujand
24-26 December. Representatives of Tajik President’s Office, the
Central Election Committee, the Supreme Court and the General
Prosecutor’s Office explained Sughd journalists their rights and
responsibilities during the election campaign, and also
officials answered different questions, including preparation of
the country to the forthcoming elections.
II. VIOLATIONS OF THE RIGHTS OF MASS MEDIA
AND JOURNALISTS
1. Hindrance in the legal and professional
activity of journalists
December 16
Youth studio “Internews-Network” (Kulob City)
On December 16 2004, Zarif Valiyev, a head of
the hukumat department of culture and art director of the Palace
of Culture prohibited a camera crew for Internews Network’s
youth studio TV to film a rehearsal of ensemble “Shabnam” in
Kulyab, under the pretext that the camera crew is related the
international organization, which they don’t want to deal with.
According to Firuza Hafizova, a TV journalist, she was allowed
to film the rehearsal at the very end, because she appealed to
senior officials of the city administration. Hafizova said that
later Odilzhon Umurzakov kept on trying to bar the head of
“Shabnam” ensemble from talking to the journalist, threatening:
“Zarif Valiyev won’t simply allow the ensemble to rehearse
inside the Palace.”
December 21
Youth studio “Internews-Network” (Kulob City)
On 14 December 2004
the head of culture department of Kulob City Hukumat Zarif
Valiev categorically refused to allow Internews-Network’s youth
studio to shoot a concert in the Palace of Culture. On this
case, journalist Firuza Hafizova commented the following:
“Several times we tried to make a film about those positive
changes that was made in the city’s platform, since this year
was announced as an international year of art. Every time, we
were looking for our future heroes, the head of culture
department put obstacles in our way. It was so awful to hear how
he was shouting at us. According to Zarif Valiev, he did not
care about any “OSCE”, “Internews” and other organizations.
“Even if the development of youth would
depend on you and just on your film, I will not let you shoot a
film” –said the head of culture department.
But in the meantime, shooting team of local
governmental TV studio “Kulob” received free access to work in
the concert hall.
December 21
Madina Saifiddinova (Khujand City)
On 20 December 2004
a correspondent of information-analytical agency “Varorud”
Madina Saifiddinova was not able conduct a public opinion survey
on human trafficking at the railway station of Bobojon Ghafurov
City of Sughd Region. Officers of the railway station, being
displeased that the journalist did not get permission from them,
drove her from the territory of the station. The officers
ignored correspondent’s arguments, who tried to explain that the
survey did not have anything to do with the competence of the
railway administration.
COMMENTARY
The Law of the Republic of Tajikistan
(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 freedom of speech, press and right to use mass media.
According to the Article 31 of the Law
“On Press…” the journalist has the right to gather, receive and
distribute information, make any records including audio and
video records, using camcorders and cameras, except for cases
set by Law.
Any form of the obstruction of legal
and professional activity of a journalist amounts to crime,
provided for by Article 162 of the Criminal Code of the Republic
of Tajikistan.
2. Refusal to present information
important to the public
December 20
Dilafruz Jamolova (Khujand City)
On December 17 2004,
Dilafrus Djamolova, a reporter with Tajik branch of Svoboda
radio, was denied information by Khudjant police officers about
students arrested on suspicion of being members of extremist
party Hizb-ut-Tahrir. Journalist’s arguments that the Ministry
of Internal Affairs had announced these facts and that
information had been already published by the media outlets in
the capital, had no effect on the officers as well. Their reason
for not giving her information was that journalists impede their
investigation; journalists, therefore won’t be given information
and more so if they are foreign.
December 28
Turko Dikaev (Kulob City)
Turko Dikaev, a
correspondent for independent information agency “Asia-plus” was
denied information by the statistics department of Kulob City.
The department officers said: “We have no right to give
information of any kind without permission of the head of Kurgan
Tube City Hukumat.” Journalist was searching for birth and
mortality data in the region for 2004. According to Turko
Dikaev, officers deny any information because information coming
from regions deemed to have no (juridical power) “legal effect”,
until it is tested by experts of the regional statistics
committee. It happens very often that final reports coming back
from the committee have nothing in common with the original
reports, received from district statistics department. Local
statistical departments are prohibited from analyzing and
spreading the reports.
December
30
Mosharif
Kurbonova (Kurgan Tube City)
On 16
December 2004, a correspondent of independent Bomdod
newspaper, Mosharif Kurbonova, called the chairman of the
Council of Judges of Khatlon Region, Ibrohim Bokiev, two times,
asking for information about cases considered by the regional
court. The cases are related to housing issues. However, I.
Bokiev refused to answer journalist’s questions.
December 31
Negmatullo Mirsaidov (Khujand City)
Deputy editor-in-chief of independent
newspaper “Varorud” Negmatullo Mirsaidov had appealed to the
deputy head of regional transport company “Khujandnaqliyet”,
Muhammadkhuja Avliyekhujaev to receive information about the
competition at the transport services market and conducting
tender in Isfara District on 31December. But the deputy head
refused to present information on those issues.
December
30
Mosharif
Kurbonova (Kurgan Tube City)
Only in
December month, correspondent of independent newspaper “Bomdod”
Mosharif Kurbonova have appealed, three times, to the head of
building and architecture department of Kurgan Tube Hukumat,
Nuriddin Mullojonov with one and the same question. Journalist
was interested to know about the dates of the completion of
reconstruction of one of the houses in Kurgan Tube City. That
house was supposed to be reconstructed in September 2004 and
chairman of the city had allocated funds for that. But N.
Mullojonov always has been ignoring correspondent and did not
answer her questions.
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 third example, prosecutor of
the district could give short description of an incident, not
even mentioning the names and surnames of teenagers.
In addition to this, Article 31 of
the Law “On Press and other Mass Media” gives a journalist a
right to find, receive and spread information in any legal way.
At the same time, Article 5 of the Law obliges governmental,
political and social organizations, movements and officials to
give necessary information to Mass Media. According to the
Article 27 of the Law of the Republic of Tajikistan, 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.
Unfortunately we note that journalists
are not active in standing upon their rights through official
appeal to courts.
3.
Groundless limitation in presenting socially important
information
December 10
Valentina Kasimbekova
(Dusnanbe City)
On December 2004 an
editor of Businessmen weekly, Valentina Kasimbekova, has
appealed to the senior doctor of Dushanbe Center for
Tuberculosis Control, Lola Pulatova, with the request to
familiarize her with tuberculosis situation in the capital.
However, Lola Pulatova told that Kosimbekova needed to get
permission from the head of the city’s health department Tatyana
Kravchenko.
December 21
Madina Saifiddinova (Khujand City)
On 21 December 2004
deputy head of Khujand City Traffic Police Inspection, Jumaboev
refused to present information to the correspondent of
information-analytical agency “Varorud” Madina Saifiddinova.
Journalist was interested in the information about the cases of
traffic accidents in ice-covered grounds. Jumaboev noted that he
could not give information without the permission of the head of
Traffic Police Inspection.
December
30
Mosharif
Kurbonova (Kurgan Tube City)
On 3
December 2004 correspondent of independent newspaper “Bomdod”
Mosharif Kurbonova had appealed to the head of general
department of Kurgan Tube Hukumat, Basgul Mamatkulova. The
journalist asked Mamatkulova to show her the decision of the
city’s chairman on the reconstruction of the House #2 in
Khuvaidulloev Street. But B. Mamatkulova stated that she could
not present information without the permission of the chairman
of Kurgan Tube City.
December
30.
Barot
Yusuf, Davlati Shoetibor (Kurgan Tube City)
On 17
December 2004 correspondent of Tajik service of Radio Freedom,
Barot Yusuf and correspondent of independent weekly “Bomdod”
Davlatali Shoetibor had visited Kolkhozobod District Hospital.
They wanted to know about the amount of people who were sick
with typhus. But doctors refused to talk with journalists, and
only one of the doctors said that they could not answer to their
questions without the permission of the administration.
COMMNETARY
Freedom of speech, press and right to
use mass media is guaranteed and protected by Article 30 of the
Constitution of RT, except for the data connected with State
secret. Moreover Article 25 of the Law of RT “On information”
prohibits limitation of rights to receive open information. At
the same time, such limitations in receiving information are
unlawful.
4. Violation of the principle of publicity
of court process
December 30
Valentina
Kasimbekova (Dushanbe City)
On 30 December 2004
the Judge of Firdausi District of Dushanbe City, Faizali Nozilov
refused to allow independent journalist Valentina Kasimbekova to
participate in an open court session on the lawsuit of the head
of Law Department of Tajik State National University, N.
Abdulloev against editorial board of “Nerui Sukhan”. When
Kasimbekova stated that the court process was open and there was
no reason to conceal facts, F. Nozilov advised her to appeal to
the chairman of the court for getting permission.
December 30
Valentina Kasimbekova (Dushanbe City)
On 30 December 2004 independent correspondent
Valentina Kasimbekova, who was not allowed to participate in the
open court process, had appealed to the chairman of this court
Saifullo Giyeev to get permission. However S. Giyeev asked
Kasimbekova to come after the New Year, and to the question
whether she could participate in the court process after the New
Year, Giyeev answered that he would not give such permission.
COMMENTARY
Article 10
of Civil Procedural Code established openness of legal
proceedings in all the courts, except for cases, which are
contrary to state secret. It means that any citizen has a right
to freely assist and make corresponding notes at any open
sittings of the court. According to the Article 31 of the Law of
RT “On press and other mass media” journalist has a right to
make any records including audio devices.
Limitation of
publicity can be justified in cases of preventing disclosure of
information on marital privacy and secrecy of a child adoption.
In these cases a court makes a motivated decision in a closed
session. However, it is doubtful that the case provided above
contained similar information.
5. Groundless summons to law enforcement
organs
On December 14, 2004, Safar Hakimov, a
regional reporter for the National Radio was summoned to
Faizabod district police department, in connection with his
article “Support”, published in Minbari halk newspaper
(11 December 2004). In the article, Safar Hakimov accused local
authorities of misusing state property. Safar Hakimov said that
he was sent on business trip to Rogun and Faizabod districts on
December 13 and 14. Umarali Hudoyorov, a senior lieutenant and
head of Miskanbad police station, approached him to inform that
he should take the journalist to the district department of
internal affairs, as he was instructed. Hakimov asked for
permission to go home to notify his wife. His wife informed the
journalist that police officers were searching for him.
Therefore, he immediately left the city for Dushanbe. “I haven’t
been home for 3 days, because I don’t know what to expect coming
back home.”
COMMENTARY
A citizen may be invited to the
law-enforcing bodies only in cases and grounds, provided by Law,
and a person who invited a citizen is obliged to inform him the
main reasons of accusations. In case there is no cause for such
invitation, a citizen has a right to sue a respective official.
We advise journalist to appeal to
prosecutor’s office and inform them about illegal action of
police officers.
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
December 9
Tojikiston
weekly (Dushanbe City)
On 9 December 2004 the judgment of Dushanbe
Economic Court on the lawsuit of “Tajik Railways” unitary
company against Tojikiston weekly came into effect.
Neither Tojikiston weekly nor “Tajik Railways” Company
have appealed against court’s decision. It should be reminded
that according to that decision, “Tajik Railways” was refused to
pay 10 thousand somoni ($3500) for moral damage, and
Tojikiston weekly was obliged to publish refutation of
information about price increase, provided in article, published
in December 2003.
December 21
Nerui Sukhan
weekly (Dushanbe City)
On 21 December 2004 Firdausi District Court
of Dushanbe City conducted a court session on the lawsuit of the
head of Law department of Tajik State National University, N.
Abdulloev against Nerui Sukhan weekly. The co-defendants
of that case were the editor-in-chief of Radif weekly,
freelance authors A. Mirzoev and N. Aminov, who published
articles accusing N. Abdulloev of bribery. In addition to
publishing refutation, N. Abdulloev requested to pay 200
thousand somoni (approx. $66) for moral damage.
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.
2. Demands on
protection honor and dignity, stated by mass media and
journalists
December 23
Varorud
weekly (Khujand City)
On 23 December 2004 editorial board of
Varorud weekly had sent a letter for the editor-in-chief of
Minbari Khalq newspaper (organ of People’s Democratic
Party of Tajikistan –PDPT) Mansur Saifiddinov with request to
give refutation on the publication “With people and for the
welfare of the people” (Minbari Khalq, #106, 19 December
2004).
The letter said that newspaper article
contained a text of the summary report of the chairman of PDPT
and President of RT, Emomali Rahmonov at the VIII session of
PDPT. Having analyzed the activity of mass media of Tajikistan,
Tajik president noted, “When saying “freedom”, our mass media
understands ignorance of the Law on press. Because, today, mass
media organizations such as independent radio, TV, magazines and
newspapers are financed by different international
organizations, and they have to obey instructions, dictated by
their foreign financiers. Protecting foreign interests, domestic
mass media forget about their own national interests. Just
think! Beginning from 2004, newspapers Varorud, Odamu Olam,
Ruzi Nav and radios Vatan, Mavji Zarrin and Mavjud, which
are financed by Soros Foundation have started criticizing Tajik
government. You cannot meet such practice in any other country
when under financial support of international organizations,
mass media stand against state policy”.
However, according to the editorial board of
“Varorud” weekly, Emomali Rahmonov, during his speech at the
VIII session of PDPT did not pronounce these words. Evidently,
that’s why, Minbari Khalq newspaper (#107-108, 22 December),
which repeatedly published the report of E. Rahmonov in the next
edition did not mention that part. In connection with this,
editorial board of «Varorud» considered that such information,
provided in the article «With people and for the welfare of the
people» is false and slanderous. In this case, editorial board
of Varorud weekly requested Minbari Khalq to publish refutation,
otherwise it would appeal to court.
COMMENTARY
According to the articles 172,174 of
Civil Code of RT, civil responsibility comes after the spread of
inauthentic and discrediting information. Mass media or its
official has a right to appeal to court to protect their
violated rights.
Monitoring has been prepared based on
reports of
Mass Media and correspondents of
Monitoring Network
regarding the violations of the rights
of Tajik Mass Media and journalists.
The Head of Monitoring Service
Nargis Zokirova
The Head of juridical service,
O. Azimov
Head of the project in Tajikistan
N. Karshiboev
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