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Hot News 2005
NANSMIT's
Statement Dushanbe- 11th October, 2005, National Association of Independent Mass Media of Tajikistan welcomed the Tajikistan Supreme Court's decision, overturning lower court's ruling against freelance journalist Djumaboi Tolibov. The NANSMIT believes it was the first step made by the judiciary in upholding legality and rule of law. On 11 October, Criminal Division of the Supreme Court has upheld an appeal by Djumaboi Tolibov and his lawyer for Soghdy Regional Court's ruling to be partially reversed. The Supreme Court overturned Tolibov's conviction on charges of abusing his office (article 316, part 1 of the Criminal Code of the Republic of Tajikistan) and illegally entering a residence (147, part 1, item b of the Criminal Code of the Republic of Tajikistan, for the lack of "crime in his actions." The Supreme Court also sentenced the journalist to 1 year corrective labor and ordered him to pay 20% of his salary to the state budget, after having changed the charge against him from "hooliganism" (article 237 of the Criminal Code) and to "insulting a person" (article 136, part 1 of the Criminal Code). Tolibov will be released, because he has already served 6 months in prison (from 24 April to 11 October). According to article 70, item 4 of the Criminal Code, a period spent in prison, before the order is formally issued by court, shall be deducted from the total corrective labor period (1 day in prison shall be counted as three of corrective labor). Tolibov - who is also chairman of the legal department in Ayni's local government was sentenced to two years in a prison colony on charges of hooliganism, illegally entering a residence, and abusing his office as a local government administrator on July 29, 2005. Furthermore he was ruled not to hold high positions in the local executive bodies within 1 year period.
The NANSMIT expressed
appreciation to all freedom of expression organizations, media outlets
and journalists for their support for Djumaboi Tolibov. It hopes that
this legal case will set a new precedent in judicial practice in
Tajikistan.
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