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January 2005 International Foundation for Protection of Speech “Adil Soz” Monitoring of Violations of Freedom of Speech in Uzbekistan in January 2005 Sixty one violations were registered in January 2005. Thirty five of them reflect actual media conditions, twenty two are direct violations of the media and journalists’ rights, and four are conflicts or accusations against the media and journalists. I. CHARACTERISTICS OF THE POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL CLIMATE IN UZBEKISTAN REFLECTING ACTUAL MASS MEDIA CONDITIONS (Section I) 1. Public Addresses, Statements and Speeches by Top Level Officials Reflecting Actual Mass Media Conditions January 26 Sherzod Kudratkhojayev (Tashkent) On January 25, Uzbekistan’s Central Electoral Commission (CEC) held a press conference at its press center in Tashkent dedicated to the results of the four-month pre-election campaign and the parliamentary elections. The press conference was given by Buritosh Mustafayev, Chairman of the CEC, and Sherzod Kudratkhojayev, head of the CEC’s press center. According to Kudratkhojayev, the campaign had been very intense and the vote was strong. “On the one hand, it is a sign of our citizens’ political activism,” he said. “On the other hand, mass media played a big part and helped prepare the electorate and increase its legal culture.” Kudratkhojayev thanked journalists for their hard work during the election campaign and said that good partner relations had been established between the CEC and journalists. “I think that the slogan that we announced at the beginning of the election campaign – The Only Secret Thing in the Elections Process is Voting; The Rest Is Open And Transparent – did work,” he stated. January 29 Islam Karimov (Tashkent) On January 28, Uzbek President Islam Karimov gave a long speech at the first joint sitting of the Legislative Assembly and the Senate of the Oliy Majlis (Uzbek Parliament). Speaking about freedom of speech and mass media, the president said, “The key precondition for deepening democratic reforms and civil liberties in Uzbekistan is the implementation of specific and consistent activities to implement democratic standards in the development of mass media. Those include further liberalization of the press, television, and radio, and ensuring their independence and freedom as a key element of deepening reforms in our country. People expect mass media to provide them with not only objective and unbiased information about domestic and international developments, but also critical analysis of the work done by the government, as well as open professional analyses of flaws, vital problems, and everything that inhibits development and reforms in the country. It should be admitted that we have difficulty getting rid of the heritage and stereotypes of the past with its ideology, administrative control, and censorship. Journalists still continue to practice self-censorship and wait for instructions from “high up.” It should also be mentioned, however, that our society increasingly realizes that without ensuring freedom of information and without turning mass media into an arena where people can express their opinions and ideas, positions and attitudes towards this or that development, deepening the democracy and political activism in the population, the population’s real participation in the country’s political and public life is out of question.” The president also emphasized that it is necessary to ensure economic freedom of the media, develop competition, including creative and information competition, to ensure training and professional development of journalists and technical personnel, to expedite introduction of modern digital information technologies, to set up an independent public foundation to support mass media, and to gradually develop public television basing on existing government channels. After addressing the Oliy Majlis, the president met with journalists and answered their questions. He gave the following assessment of the media in Uzbekistan and neighboring states, “… [Let’s take] GazProm or Nefteprom or any other large company that, basically, operates in full contact with the government [as an example]. But take into consideration that some corporations are managed by close relatives, for instance. They set up or buy this or that newspaper and sponsor it, not only sponsor, but basically fully support it financially. Can we call it the free press? And we can declare it and, in addition, comparing to that environment, we can say, “We do have free press, and our neighbor does not.”” The president emphasized that a foundation to support the media should be established. “… I would like to repeat that it is necessary to, in the first instance, help non-government media – in the wide direct meaning of the world – non-government media, including television, the press, agencies or some other outlets. In this regard, I think any funds are appropriate. I mean, funds from any sources will be accumulated in one foundation and the foundation will have, say, a board of guardians that will represent government organizations, mass media, including non-government, private, foreign and other outlets. There should be a palette of all the media that have the right to exist or those that must serve the people. My idea, if you translated it into Russian correctly, is as follows: our mass media must represent a wide palette: there should be government outlets, non-government, private, corporate ones, and others.” January 10 Batyr Nurseitov (Nukus) According to Batyr Nurseitov, Secretary of the Press Center of Karakalpakstan’s Central Electoral Commission, 10 journalists with national mass media outlets covered the elections. According to the Commission’s representatives, the journalists’ performance was excellent and they covered the elections in an open, accurate, and democratic manner. It was also mentioned that foreign journalists did not participate in covering the elections that took place on December 26, 2004. January 26 Svetlana Artikova (Tashkent) As Gafurjan Alimov, correspondent with the newspaper Khukuk (Law), wrote in his article entitled “Journalist Fakat Tankid Kiladimi?” (Do Journalists Only Criticize?) published by the newspaper on January 25, 2005, Svetlana Artikova, head of the Press Center of the General Prosecutor’s Office of the Republic of Uzbekistan, believes that journalists only have the right to express their opinions, but cannot solve the problem. According to Artikova, some journalists in Uzbekistan promise in their articles that problems will be solved quickly and apply a one-sided approach. As a result, readers are disappointed with the media. “In addition, our journalists have started to suffer from sensationalism, like their foreign colleagues,” she said. “Fortunately, there are few such journalists.” 2. Legislation Regulating Mass Media January 08 Jokargi Kenes of the Republic of Karakalpakstan (Nukus) In the five-year development plan of the Jokargi Kenes of the Republic of Karakalpakstan, significant attention is paid to developing the local press. Specifically, the plan mentions that “…modern technologies will be introduced gradually to improve the quality of the programs aired by the TV and Radio Company of Karakalpakstan; ample opportunities will be created to increase political activism in the general public and to encourage active work in mass media.” January 28 Cabinet of Ministers of Uzbekistan December 20, 2004, the Cabinet of Ministers of Uzbekistan approved the Decree #592 on Measures to Ensure Effective Use of Radio Frequency Spectrum in TV and Radio Broadcasting. The decree aims at “increasing the effectiveness of radio frequency use,” but certain points in the decree give an impression that it will further worsen the already hard environment for non-governments stations. In addition, many points in the decree might not be absolutely clear even to those who had developed it. A report about the contest for telecommunications radio frequencies will be published/aired in the media. The decree specifies, however, that the outlets that air government television and radio programming or the outlets with no fewer than 50% of shares owned by the government will receive their frequencies without any competition/auction. 3. Actions of Officials Affecting Media Conditions January 04 Malik Kadirov (Tashkent) Just before the New Year, Malik Kadirov, the government’s press secretary, was dismissed after seven years in this position. He is one of the most experienced professionals in his field; he started his career as a TV journalist and then was invited by the president to become the chief consultant for the president’s press service. Kadirov does not know the reasons for his dismissal. “I was just informed that they no longer need my services,” he said. Kadirov intends to continue working in the media industry as an independent expert, because, as he said, “Now I am absolutely free and in the months to come, while looking for a new job, I will have enough time to communicate with my colleagues.” January 03 Zikrilla Ruzimatov (Ferghana) Zikrilla Ruzimatov, head of the Department of Internal Affairs of Ferghana (i.e. the city police), summoned Matlyuba Azamatova, correspondent with the BBC Radio, and asked her to stop producing critical reports about popular protests. Speaking about her report aired on December 26, the day of the parliamentary elections in Uzbekistan, he said, “If I see you at a demonstration or picket again, I will have to isolate you.” January 03 Murod Akhmedov (Ferghana) On December 26, the BBC Radio aired a report about a group of citizens in Ferghana who boycotted the parliamentary elections because natural gas was not provided to their homes. On January 3, Murod Akhmedov, Deputy Prosecutor of Ferghana, met with 50 residents of the makhalla (neighborhood) of Ak Arik and demanded that they stop turning to foreign journalists. “ВВС correspondent Matlyuba Azamatova swerves people from the straight path by encouraging them to protest,” he said. “She is an American agent. She receives $200 for each report against our country’s policy. Don’t believe her.” January 15 Akhun Tajiyev (Buvaida district of Ferghana province) On January 15, Akhun Tajiyev, Deputy Hokim (Governor) of Buvaida District, at a meeting with his district’s residents, demanded that they confess who had told the BBC correspondent about the land tender sale in the district. He said that administrative sanctions would be applied to those who had given interviews to the correspondent. It was also mentioned that the BBC Radio would be sued and that local journalists would produce a story about the sale to prove that the information in the BBC’s report was distorted. According to Turgunbay Uktambayev, member of the tender sale commission, who had given an interview to the BBC Radio, in the evening [of that day], representatives of the Hokimiyat (district administration) came to his house, accused him of disseminating false information, and demanded that he confess that what he had said [in the interview] was all lies. January 19 Ganijon Rustamov (Ferghana) Ganijon Rustamov, Deputy Hokim (Governor) of Ferghana Province, asked Zufar Sultanov, Deputy Chairman of the TV and Radio Company of Ferghana Province, to make “adequate” inferences about Salima Rustamova, the company’s employee. “Whoever she is, a human right defender or a TV station employee, she should not forget that, above all, she is an employee of a government organization,” Rustamov said. “She made noise at the meeting devoted to nominating candidates to the Senate. She should apparently be reminded where she works.” January 18 Kholmirza Niyazov (Buvaida district of Ferghana province) Kholmirza Niyazov, Hokim (Governor) of Buvaida District, wrote back to Aziza Uktamova, correspondent with the newspaper Buvaida Kuzguzi (Mirror of Buvaida), who had declared a strike against appointing Sadir Jurayev, a Russian language specialist, the newspaper’s editor. In his reply, Niyazov wrote that Jurayev had been appointed to this position on the Hokimiyat’s recommendation. He also mentioned that the strike may negatively affect her journalistic career. January 25 Khamid Abdurakhimov (Ferghana) Khamid Abdurakhimov, Chairman of the TV and Radio Company of Ferghana Province, demanded that Anna Tim, head of the Russian language productions department, keep her distance from BBC correspondent Matlyuba Azamatova. “Friendship with representatives of the foreign media does not do any good; you have lots of problems already,” Abdurakhimov said. January 25 Newspaper Vesti Karakalpakstana (Nukus) Newspaper Vesti Karakalpakstana (Nukus) A personnel reshuffle took place at the newspaper Vesti Karakalpakstana of which the Jokargi Kenes (Supreme Council) and the Council of Ministers of Karakalpakstan are the founders. Aytmurat Alniyazov was dismissed from his position of the newspaper’s deputy editor-in-chief and replaced with Kuat Esemuratov, the newspaper’s executive secretary, whose position was taken over by Anna Asanova, the newspaper’s correspondent. The newspaper’s executive secretaries have been changed three times over the past 18 months. The founders and journalists hope that “…these changes will have a positive effect on content quality, subscription, and materiel support.” Kenesbay Karimov, editor-in-chief of the newspapers Erkin Karakalpakstan and Vesti Karakalpakstana, speaking about reshuffle, said, “…one should rely on young liberal journalists with strong principles who can make the newspaper more interesting and readable.” January 27 Svetlana Artikova (Tashkent) Late in December 2004, photos and composite pictures of wanted people suspected of murdering and raping children and teenagers were put up at entrances to residential buildings in Tashkent. However, no mass media outlets in Uzbekistan ever mentioned anything about these crimes. Svetlana Artikova, head of the Department for Communication with the Media with the General Prosecutor’s Office of Uzbekistan, believes that if the media cover information about the maniac murderer, it may cause a panic. “All the information is classified,” she said. “Untimely reports about the investigation may prevent [law enforcement] from catching the criminal. Notes calling to alertness were put up in all the schools and kindergartens. All the public places are monitored. But it is too early to mention the tragic events in the media. We will tell the people everything when the case is solved.” January 27 Babur Alikhanov (Tashkent) Babur Alikhanov, head of the news program Akhborot on UzTV1, when asked by colleague journalists why the program had not covered the recent series of murders and rapes of children in Tashkent, said, “Akhborot is not the yellow press to circulate rumors,” and hung up. January 31 Mirodil Abdurakhmanov (Tashkent) On January 27, the newspaper XXI Asr (21^st Century) published an article entitled “Shookronalik Saodati” (Happiness of Gratefulness) by the newspaper’s editor-in-chief, Mirodil Abdurakhmanov. The article deals with trend of one-sided coverage in Uzbek journalism, i.e. when the press only praises successes and ignores vital issues and problems. 4. Assessments of Media and Press Freedom Conditions January 06 Sergey Ezhkov The website Centrasia.Ru carried an article entitled “Bright Future According to Islam Karimov or Away from the Mainstream of Civilization” by Sergey Ezhkov. At the beginning of the article, Ezhkov wrote, “Certain political experts’ cautiously optimistic forecasts of democratic changes in Uzbekistan’s mass media and the Uzbek society in general have not materialized and are unlikely to in the next few years. Uzbekistan, along with Turkmenistan, remains one of the most closed and odious post-Soviet states. However, if one believes what is published and aired by the local media, democracy [in Uzbekistan] is developing most successfully, which is proved by the fact that the delegation of foreign guests and observers that attended the recent parliamentary elections was the largest ever. Well, the foreign VIPs, the majority of whom had been invited basing on Uzbek diplomats’ personal connections and paid for by poor Uzbek taxpayers, naturally wanted to work out this exotic trip so they sang praises to the hosts. The CIS delegation’s reaction was most foreseeable. Russia, for instance, that, although with a delay, started building an authoritarian state, favors the Uzbek model of democracy possibly hoping to create something similar or identical. The OSCE experts were of fundamentally different opinion about the country’s democratic development, but “they are experts, and foreign experts, so they always look for flaws ignoring positive aspects” – this is the assessment given to them by the Uzbek government during the election campaign.” January 13 Cabinet of Ministers of Uzbekistan At the Cabinet of Ministers of Uzbekistan, the Commission for Information and Communication Technologies held a meeting devoted to the development of the ICT sector in 2004 and priority objectives for 2005. In 2004, ICT services worth 300 billion Uzbek soums (approximately $300 million) were provided; export of services exceeded the plan by 29.7%. Cellular telephony also developed successfully: the number of cell phone users increased by 168% to 554,100. Competition in the sector also increased: the number of Internet service providers and operators increased by 181.4% to 477. The estimated number of Internet users increased by 137% to 675,000. In total, 96.4% of cities and 72.5% of district towns were covered by digital telecommunication networks. Only four of all the government entities in “the press and information sector” in 2004 were loss-making. January 14 Newspaper Andizhanskaya Pravda On January 14, the newspaper Andizhanskaya Pravda (issue #6) published a letter entitled “It Is More Difficult to Keep Up” received from one of its readers, M. Agafonov. In his letter, Agafonov wrote, “I was very glad to learn that our newspapers’ circulations, with support from Hokimiyats, businesses, organizations, and, of course, subscribers have grown compared to last year. The newspaper Andizhonnoma, for instance, has the highest circulation of all Uzbekistan’s provincial newspapers, specifically, 9,118 copies; Andizhanskaya Pravda has a circulation of 2,129. Compared to national newspapers Pravda Vostoka (7,877) and Narodnoye Slovo (8,075), it is not bad at all. But you should not forget that circulations usually fall in the second half of the year, because many people only subscribe for six months. It will be difficult to keep up at January’s level. There is only one solution, specifically, to make the newspaper more informative and interesting. You journalists can do it if you really want to. More truth in covering various events and vital problems, harsher criticism of government officials for their violations, more useful advice on how to survive in our hard times – it will guarantee your success.” January 15 Newspaper Khorazm Khakikati (Urgench) In its editorial entitled “Mas’uliyatsizlikmi Yoki E’tiborsizlik” (Irresponsibility or Carelessness) published on January 15, the newspaper Khorazm Khakikati calls on people in Khorezm to subscribe to it. Specifically, the editorial read, “The number of subscribers is meager, fewer by 1,000 compared to last year. We lack money. Officials at district Hokimiyats are shortsighted; they do not feel responsibility and do not make at least organizations and businesses subscribe to such an important newspaper, especially given that the newspaper is an organ of the province’s Hokimiyat!” January 26 Mir Novostey (World of News) (Tashkent) In her article entitled “Mass Media Prepared the Electorate for the Elections” (Mir Novostey, issue #5), Nadezhda Stepanova wrote, “All the 928 Uzbek mass media outlets registered with the Agency for Press and Information of Uzbekistan participated in covering the [parliamentary] elections in 2004. The number of electronic mass media outlets has grown by 31 times since 1999. The new outlets include FM radio stations and private TV companies in the province. The united network of independent TV broadcasters set up under the aegis of NAESMI has played a positive part in wide coverage of the pre-election campaign.” January 27 Shodmon Otabek (Tashkent) On January 26, the independent national newspaper Khurriyat published an interview with writer Shodmon Otabek conducted by journalist Shukhrat Jabborov. The interview was published under the title “Karzdorlik” (Debts). According to Otabek, when censorship was officially abolished in Uzbekistan, everyone expected democratic changes in the press, but they did not happen; editors-in-chief striving to keep their posts turned into censors. “I recently visited a young editor-in-chief and gave him my article,” Otabek said. “But he returned my “twaddle” after two days. It turned out that it had been disapproved by higher officials.” January 26 Website Freeuz.Org On January 25, the website Freeuz.Org carried an article entitled “Uzbekistan News Releases Most Wise Research Again” by Inera Safargaliyeva who wrote, "On January 21, the weekly Uzbekistan News discharged another volley of condemnation towards Uzbek web journalists by publishing an article entitled “Again about the Article “Plato Is My Friend, But My Best Friend Is Truth”.” I would like to remind that, in the first article, the author, one S. Prazhsky, accused web journalists based in Uzbekistan of preferring the truth to the money they receive for disseminating negative information about the republic. He indiscriminately called all Internet journalists “timid rabbits” and contrasted them with exceptionally positive government media journalists, who, according to him, will never write anything of this sort, because they have conscience and “of course, they will not write for big money.” The article by Prazhsky caused some debates on the Internet (which are impossible in the heavily censored Uzbek press). In his second article about “brash” Internet journalists, the author did not write anything new. The first article just distinguished between the “good” and the “bad” journalists; the second one offered a couple of “ideas.” The first one is that Internet journalists write their articles just for money: the author compares them to rats, and the money they receive to food balls. The second idea is that those who are not on the side of the government media is a terrorist, or, at the minimum, an accomplice of terrorists. This idea may seem somewhat unexpected at first, but the fact that the author, when writing under a different name, always discloses Islamists and terrorists explains everything.” January 27 IWPR, Ferghana.Ru The website Ferghana.Ru carried a translated version of an article initially published by the Britain-based IWPR. Specifically, the article read, “The local media are unwilling to cover the series of murders and rapes of teenage girls in Tashkent, which is why the tragic events gather various rumors and suppositions. So far, the media in Tashkent have not provided any information that would stop the rumors and clarify the situation; police officials also keep silence.” January 30 Anton Sanishev On January 24, the website Ferghana.Ru carried an article by Anton Sinishev about the series Twins aired by Russia’s Channel One. The series made a stir in Uzbekistan, where only four episodes were shown before it was banned. Citizens did not know the reason for the ban. Several articles trying to explain the reasons were published on the Internet. Below is a quote from one such article, “As it turned out later, the reason for banning the series was the episodes in which an Uzbek woman, wife of a policeman well-know in the city, turns out to be an absolute jallyap (slut), whereas her husband, who then kills her, has a posh two-storey mansion and their daughter becomes an accomplice of the local mafia and almost her father’s lover. It turned out that such plot contradicts “the national spirit” of the Uzbek nation, because, firstly, Uzbek women cannot be prostitutes and, secondly, city police chiefs never have enough money to build a palace.” January 30 Inera Safar (Tashkent) On January 25, Inera Safar, freelance journalist, speaking in the program The Power and the Press on Radio Grande said, “In 2004, a series of terrorist attacks, as well as the first elections to Uzbekistan’s now bicameral parliament, took place in Uzbekistan. However, web-based publications and freelance journalists, as well as the local press working for the foreign media, were the only ones to fully cover the ambiguity and drama of these developments. Unlike the government controlled local press, television, and radio, the above-mentioned media forms Uzbekistan’s new mass media reality. The new [information] space features lots of facts, alternative opinions, concentration of free ideas, which is not the case with Uzbekistan’s newspapers as well as TV and radio stations that continue to defer to those in power. The fact that the official press throws dirt at the unofficial [i.e. non-government] mass media and journalists proves that the new mass media space penetrates the local mass consciousness zealously controlled by the authorities. Last year, Uzbekistan’s government television and newspapers repeatedly accused representatives of the Russian, American, and other media working in Uzbekistan of a lack of professionalism and distortion of facts. Among the accused was the Uzbek-language service of the American Radio Liberty; extra stories accusing the station of indisposing citizens against the present government were aired [by the government media]. It would have negatively affected the station’s image if it had not been for Internet journalism that rose to the defense of the station and revealed the libelous nature of the accusations. Citizens, many of whom do not have access to the Internet, somehow managed to get alternative information about the Uzbek-language service of Radio Liberty. How they got it is an open question. It is not the only case when Internet journalism, by revealing violations of human rights and the rights of the media in Uzbekistan, conduces to resolution of the problems it raises and to distributing accurate information.” 5. Journalists’ Activities to Protect their Civil and Professional Rights January 02 Tezkor Journalistlar (Ferghana) On January 2, representatives of the initiative group called Tezkor Journalistlar (Quick Response Journalists) based in Ferghana province wrote to Agzam Gadoyboyev, chairman of the administration of the Makhalla Foundation, pointing to the flaws of his book entitled “The Nation’s Path is the Right Path” and criticizing inaccurate statements about journalist Mutabar Tajibayeva made in book. “We, journalists, would like to say that one should only make statements if he/she has accurate and truthful facts and evidence,” they wrote in the letter. “Lie, deceit, broken promises, and libel lead to spiritual impoverishment and fear.” The Ferghana journalists also demanded that Gadoyboyev stop casting aspersions on the journalists who speak about people’s problems. January 03 Organization for Protection of Journalists’ Rights and Liberties in Uzbekistan The Organization for Protection of Journalists’ Rights and Liberties in Uzbekistan (OPJRLU) distributed its statement on the situation with mass media and journalists in this Central Asian state. Specifically, the statement read, “The Organization warns all international organizations supporting the media and the press that Uzbekistan is turning into the most dangerous zone for journalists. In May 2002, censorship was officially cancelled. Nevertheless, Uzbekistan’s press remains absolutely dependent on the authorities. The Uzbek press, having got rid of one censor, faced other overseers, namely, the press center of the president’s administration, chief editors, and other censorship bodies. Over the past several years, during the government’s so-called anti-terrorist campaign, human rights conditions have seriously deteriorated in Uzbekistan, which negatively affected the development of freedom of speech and the media. Since 2003, after special government departments monitoring members of the Uzbek opposition became much more active, there was an increase in persecution of opposition members and the independent media.” January 11 Aziza Uktamova (Buvaida district of Ferghana province) On January 11, Aziza Uktamova, correspondent with the newspaper Buvaida Kuzgusi (Mirror of Buvaida), wrote to Kholmirza Niyazov, Hokim of Buvaida District, to notify him officially that she was going on a strike. She also wrote that, although she had worked for the newspaper for 15 years and had a degree in journalism, Sadir Jurayev with a Russian philology degree had been appointed the newspaper’s editor-in-chief. Uktamova demanded that an experienced professional be appointed to this position. In his reply, Niyazov wrote that Jurayev had been appointed to this position on the Hokimiyat’s recommendation. He also mentioned that the strike may negatively affect her journalistic career. January 15 Organization for Protection of Journalists’ Rights and Liberties in Uzbekistan The Organization for Protection of Journalists’ Rights and Liberties in Uzbekistan (OPJRLU) released a letter of protest against the French government’s decision to deny visas to people without citizenship, because the decision limits the people’s right to free movement. Yusuf Rasulov, chairman of the OPJRLU’s board of founders, had been denied a visa to France. In an open letter to Jean-Bernard Harth, Ambassador of France in Uzbekistan, Rasulov mentioned an invitation [to visit France] that he and his wife, Saodat Pulkanova, had received. The couple had been invited to a book fair in Marcel (October 10-28, 2004) and the constituent assembly of the Union of European Writers. On October 2004, Rasulov and his wife applied to the French consulate for visas. A representative of the consulate who identified herself as Anora told Rasulov’s wife that Rasulov could not receive a visa, because he was not an Uzbek citizen. Pulkanova was granted a visa. Rasulov wrote a letter to the embassy asking to explain the denial. First Deputy Ambassador and Farid Sharufulin, representative of the Embassy’s press department, met with the journalist and explained that the French government always denies visas to people without any citizenship, because they may stay in France. January 27 Rustam Oripov (Ferghana) On January 27, Rustam Oripov, editor-in-chief of the Ferghana-based newspaper Farghona Tongi (Ferghana Dawn), wrote an official letter to Rustam Shagulyamov, Director General of the Agency for Press and Information of the Republic of Uzbekistan. In particular, he wrote that Khasan Bakhramov, acting head of the Agency’s branch in Ferghana province, abused his power and violated Uzbekistan’s Law on Mass Media. The newspaper had signed a contract with the Ferghana Oil Refinery to start publishing an addendum called Neftchi Ovozi (Voice of Oil-Engineer); the newspaper had received a license for the addendum too. Bakhramov refused to register the newspaper hoping to appropriate it; he had a trial version of another newspaper, Neftchi (Oil Engineer) published (A4 format, 20 pages) and offered it to the refinery, although he did not have a license to start publishing it. Oripov asked Shagulyamov to take measures against Bakhramov. January 26 Matlyuba Azamatova (Ferghana) Matlyuba Azamatova, correspondent with the BBC Radio, demanded that Khamid Abdurakhimov, Chairman of the TV and Radio Company of Ferghana Province, explain why he had been distributing false information about her among her former colleagues. He replied that, because she was his former subordinate, he repeatedly had to listen to complaints about her from the Hokimiyat and the National Security Service. January 28 Organization for Protection of Journalists’ Rights and Liberties in Uzbekistan (Tashkent) The Organization for Protection of Journalists’ Rights and Liberties in Uzbekistan (OPJRLU) released a statement on an unjustified arrest of a journalist. On January 26, soldiers at the border checkpoint of May unlawfully detained for four hours correspondents with the Institute for War and Peace Reporting (IWPR) and a member of the Initiative Group of Independent Human Right Defenders of Uzbekistan (IGIHRDU). IWPR journalists, namely, Galima Bukharbayeva, Kudrat Babajanov, and Malik Boboyev, as well as Rakhmatullo Alibayev of the IGIHRDU, accused of violating the boundary regime under Article 293 of Uzbekistan’s Administrative Liability Code were made write explanatory memos and sign the charge sheet drawn up the head of the checkpoint. According to the journalists, they did not violate the boundary regime, because they stayed in Uzbekistan’s territory and did not intend to cross the Uzbek-Kazakh border. They were just going to talk to the residents of the village of May in Kibray district of Tashkent province whose houses were being knocked down without any compensation: people were going to lose their real estate and be simply thrown into the street. The OPJRLU demanded that the National Security Service and the Border Control Committee address this instance of arbitrary detention, reduce the area to order, and protect its residents from violence and exaction practiced by soldiers. January 31 Galima Bukharbayeva (Tashkent) Galima Bukharbayeva, head of the representative office in Uzbekistan of the Institute for War and Peace Reporting (IWPR), suggested that the Union of Uzbekistan’s Journalists be established. The Union would not duplicate the work done by the already existing Creative Union of Journalists. The majority of representatives of both the local and foreign media present at the meeting held at Le Meridien Hotel in Tashkent said that such union was needed. The journalists also said that the union must protect their rights, offer membership to all journalists, and make their colleagues in provincial areas feel needed and united. The next meeting will be held for the journalists who would like to join the union. The meeting is scheduled for late February 2005. VIOLATIONS OF THE MEDIA AND JOURNALISTS’ RIGHTS (Section II) 1. Death of Journalist January 21 Ilkhom Safarov (Bukhara) On January 21, Ilkhom Safarov, correspondent with the national information agency UzA in charge of Bukhara province, died of heart attack in Bukhara. On December 28, 2004, at a meeting at the journalist dispute club Reporter, he had reported being high-pressured by law enforcement and local administration officials. 2. Unlawful Seizure of Journalistic Equipment January 27 Mukhiddin Abdurasulov (Tashkent) On January 25, an audio record of the seminar on human trafficking in Uzbekistan that Mukhiddin Abdurasulov, correspondent with the Uzbek-language service of the American Radio Liberty, made during the seminar at a hotel in Tashkent was seized from him. The seminar had been held by the local staff of the non-governmental International Organization for Migration (IOM) at the expense of American tax payers under the Project to Combat Human Trafficking in Uzbekistan. The seminar was attended by diplomats, Uzbek law enforcement officers, and experts. After Abdurasulov, invited to the seminar by the U.S. Embassy in Uzbekistan, made a half-an-hour audio record of some of the harshest speeches at the seminar, he was approached by Umida Karimova who, at the request of Nodira Karimova, head of the IOM’s Uzbek branch, asked him to give the record to her for several minutes so she could listen to it. Later, she said she would only give the cassette to Abdurasulov’s boss, head of the Tashkent office of Radio Ozodlik (Liberty). *COMMENTARY* The IOM head’s actions are a gross violation of Articles 5 and 9 of Uzbekistan’s Law on Protection of Journalists’ Professional Activities that give journalists the right to make records, within the framework of the law, including making records with necessary equipment. The law also stipulates that no documents or records can be seized from the journalist and examined. 3. Preventing Journalists from Fulfilling Their Professional Responsibilities January 09 Gulasal Kamalova (Vabkent district of Bukhara province) Gulasal Kamalova, correspondent with Radio Ozodlik (Liberty), traveled to Vabkent district of Bukhara province to cover the second round of parliamentary elections in the electoral district #21. At several polling stations, representatives of the political party UzLiDeP (Liberal Democratic Party of Uzbekistan) and polling station officials put pressure on her. Specifically, at the polling station #180, a man who identified himself as Jumayev, representative of the Hokimiyat, said that Kamalova could not be present at the station without special accreditation to cover the elections. Despite her statements that her presence at the polling station was absolutely legal, Jumayev took her out. January 15 Foreign mass media (Andizhan) On January 12-15, newly elected city and district Kengashes (Councils) of People’s Delegates held their first sittings. Many journalists were not allowed to cover the sittings, including correspondents with Radio Ozodlik (Liberty), the BBC, and other foreign mass media outlets based in the province. January 17 Dilorom Abdullayeva (Nukus) On January 17, the Jokargi Kenes (Parliament) of Karakalpakstan gathered to elect Senators. Correspondents with the Uzbek-language version of the news program Akhborot on Uzbekistan’s government UzTV-1 were not allowed to cover the event. Police officers on guard said that there were correspondent of the Russian-language version of the program in the hall already and asked the TV crew to leave the building. January 18 Matlyuba Azamatova, Sharzoda Sadikova, Salima Rustamova, Tajimukhammad Madrakhimov, Farkhod Nishonov (Ferghana) On January 18, members of province, city, and district Kengashes (Councils) of People’s Delegates met at the Polytechnic Institute of Ferghana to elect Senators [of the Oliy Majlis (Parliament)]. Hokimiyat officials and National Security Service officers did not allow many local and foreign journalists who had arrived specifically to cover this important political event to be present at the meeting. The journalists who tried to defend their rights and get in were asked to leave, like it happened with Salima Rustamova, political observer with the TV and Radio Company of Ferghana Province, and cameramen Tajimukhammad Madrakhimov and Farkhod Nishonov. More insistent Shakhzoda Sadikova, journalist with a local TV station, was simply pushed out by National Security Service officers who also tried to break BBC correspondent Matlyuba Azamatova’s microphone. According to Nasir Rakhimov, head of the Ferghana Province Hokimiyat’s logistics department, “Deputy Prime Minister gave an instruction” not to let journalists in the convention hall. January 18 Gulasal Kamalova, Radio Ozodlik (Liberty) (Bukhara) Gulasal Kamalova, correspondent with Radio Ozodlik (Liberty) in charge of Bukhara province, could not produce a report about the election of Senators. On January 17, she asked Izzatilla Makhmudov of the Hokimiyat of Bukhara Province to include her in the list of journalists invited to cover the event. He never did. *COMMENTARY* Freedom to seek, receive and impart information is guaranteed by Uzbekistan’s Constitution, Law on Mass Media, and Law on Protection of Journalists’ Professional Activities. In accordance with Article 5 Uzbekistan’s Law on Principles and Guarantees of Freedom of Information, main principles of freedom of information include openness, publicity, accessibility, and authenticity. Article 14 of the above-mentioned law declares that public officials at government structures, self-governance bodies, public associations, businesses, institutions, and organizations are liable for violation of journalists’ rights to require and receive information, putting pressure on journalists and interference in their professional activities, and unlawful seizure of footage/content and equipment necessary for content production. *If the violations are proved, the culprits shall be subjected to disciplinary punishment under article 181 of Uzbekistan’s Labor Code.* In addition, the journalist has the right to sue or complain about the policemen to higher authorities under Article 269 of Uzbekistan’s Law of Civil Procedure. 4. Unjustified Refusals to Provide Information of Public Interest January 05 Matlyuba Azamatova, Timur Yuldashev (Buvadiy district of Ferghana province) On January 5, lands of the bankrupt agricultural cooperative named for Alisher Navoi were sold at a tender sale in Buvadiy district of Ferghana province. About 500 citizens resenting the fact that the land was offered for sale together with the cooperative’s debts staged a picket demanding that the tender sale committee keep within the law. Matlyuba Azamatova, correspondent with the BBC Radio, and Timur Yuldashev, correspondent with the news agency AKI-Press, were present at the sale and asked Akhun Tajiyev, head of the tender sale committee, to explain the rules of the tender sale to them. Tajiyev said he would explain them in half an hour, because at that moment he was very nervous. The two correspondents were kept waiting for two hours, but Tajiyev never spoke to them: he simply got into his car and left. January 05 Khamrokul Karshiyev (Karshi) On January 5, Elmurod Gaziyev, investigator with the Prosecutor’s Office of Karshi, refused to provide Khamrokul Karshiyev, correspondent with Radio Ozodlik (Liberty), with any information on the arrest of Ziyadulla Safarov running for the Kengash (Council) of People’s Delegates of Kashkadaria Province. Gaziyev said that all the information on the arrest was classified and that he had not received any instructions to provide this information to a foreign mass media outlet. January 11 Sharifjon Akhmedov, Gafurjan Yuldashev (Andizhan) On January 10, officers of the notary’s office and registry office of Jalakuduk district visited all the people who had signed the application of the opposition political party Birlik to be submitted to the Ministry of Justice for registration to check if their signatures were authentic. In addition, the officers asked the citizens to write explanatory memos and put pressure on them. Gafurjan Yuldashev, correspondent with Radio Ozodlik (Liberty), and Sharifjon Akhmedov, correspondent with the BBC Radio, investigating the incident asked Ranokhon Abduazimova, officer of the notary’s office, for information, but she refused to provide it. January 18 Sharifjon Akhmedov, Gafurjan Yuldashev (Andizhan) On January 18, Gafurjan Yuldashev and Sharifjon Akhmedov, correspondents with Radio Ozodlik (Liberty) and the BBC Radio accordingly, asked the Taxation Department of Andizhan Province for information on why citizens had been forbidden to sell their commodities near the central mosque Jami in Andizhan. The department refused to provide any information. January 18 Zulfiya Shamuratova (Nukus) Freelance reporter Zulfiya Shamuratova working on a story for the information bulletin Gender Equity asked the press service of the Prosecutor’s Office of Karakalpakstan for information on instances of domestic and general violence that women in this autonomous republic were subjected to. She was refused the information despite the fact that she told the press service officials that higher authorities approved the story and that she had written several stories about gender inequality with direct support from the press service of the General Prosecutor’s Office. *COMMENTARY* Under Article 29 of Uzbekistan’s Constitution, everyone has the right to seek, receive, and impart information. Article 8 of Uzbekistan’s Law on Principles and Guarantees of Freedom of Information guarantees everyone the right to freely seek, receive, analyze, impart, use and store information. *It is prohibited to limit citizens’ right to information because of sex, race, ethnic origin, language, religion, ascription and personal beliefs as well as personal and social rank.* Government structures, organs of citizen self-government, public associations and other nongovernmental nonprofit organizations and bureaucrats are obliged to (a) ensure that everyone has an opportunity to familiarize himself/herself with information on his/her rights, liberties and legitimate interests, (b) create accessible information recourses, and (c) ensure massive informing of users regarding citizens’ rights, liberties and duties, their security as well as other information of public interest. Culprits shall be punished under Article 43 of Uzbekistan’s Administrative Liability Code that provides for fines on public officials amounting to 1-3 minimal monthly wages. But, in order to bring the people to account, the journalists need to sue. They may cite Article 4 of Uzbekistan’s Law on Appealing against Actions and Decisions Violating Citizen’s Rights and Liberties. 5. Violation of the Principle of Equality in Access to Information January 24 Khamrokul Karshiyev (Karshi) On January 24, National Security Service officers forbade Rustam Kilichev, former Imam-Hatib of the cathedral mosque Navo in Karshi, to give interviews to the foreign media. Kilichev had been arrested on April 4, 2004, after the terrorist bombings in Tashkent and Bukhara province on March 29 – April 2, and sentenced to 17 years in prison. Due to active involvement of human rights organizations, he was released under the President’s pardon dedicated to the Constitution Day. He returned home on January 21, 2005. On January 24, a Karshi television crew, accompanied by National Security Service officers, came to his house to interview him. Naturally, Kilichev had to speak only about the best features of the present regime and about his gratitude to the Uzbek government. The officers, who refused to identify themselves, told him that if he talked to any foreign journalists, he might find himself in prison again. On the same day, Khamrokul Karshiyev, correspondent with Radio Liberty, asked Kilichev for an interview, but the latter had to refuse, because Radio Liberty is a foreign station. *COMMENTARY* Under Article 29 of Uzbekistan’s Constitution, everyone has the right to seek, receive, and impart information. Article 8 of Uzbekistan’s Law on Principles and Guarantees of Freedom of Information guarantees everyone the right to freely seek, receive, analyze, impart, use and store information. It is prohibited to limit citizens’ right to information because of sex, race, ethnic origin, language, religion, ascription and personal beliefs as well as personal and social rank. Article 12 of Uzbekistan’s Constitution guarantees plurality of political institutions, ideologies, and opinions. By not inviting journalists with the foreign media to cover events of public interest, government officials limit their right to receiving and distributing information thus violating not only constitutional principles and guarantees of freedom of speech, but also the provisions of Uzbekistan’s current legislation that regulates the status and terms of operation of the foreign media accredited in Uzbekistan. 6. Violation of the Principle of Openness of Trials January 31 Obid Shabanov (Navoi) On January 27, the Inter-District Civil Court of Karmana District tried the case Radio Liberty Correspondent Gulasal Kamalova vs. Chairman of the TV and Radio Company of Navoi Province Gulom Sultonov. Just before the hearing, Presiding Judge Utkir Kholov saw Obid Shabanov, correspondent with Deutsche Welle, in the courtroom and ordered a police officer to take him out. Shabanov and Bakhtiyor Shakhnazarov, lawyer of plaintiff Kamalova, protested, but the judge said he would not allow the correspondent to attend the court. January 27 Gafurjan Yuldashev (Andizhan) On January 27, the Criminal Court of Andizhan Province convicted Tursunbay Zokirov. Gafurjan Yuldashev, correspondent with Radio Ozodlik (Liberty), was not allowed to attend the trial, although the trial was formally open. According to a policeman on guard, Judge Bakhtiyor Nizamov had ruled not to let journalists in the courtroom. *COMMENTARY* Article 10 of Uzbekistan’s Law of Civil Procedure provides for openness of all trials, except for the ones that deal with state secrets. It means that any citizen can attend any trials and make records. Under Uzbekistan’s Law on the Print Media and Other Mass Media, journalists have the right to make any records using necessary audio and video recording equipment. Trials can be announced “in camera” if they deal with state secrets or other secrets protected by the law, like the secret of adoption, as well as citizens’ personal intimate information. The court must justify the decision to hold a trial behind closed doors. 7. Unlawful Interruptions of TV Programs January 05 TV station Tarakkiyot (Andizhan) On January 5, at 2.30 p.m., the movie Anna and the King aired by the non-government TV station Tarakkiyot was interrupted and replaced with broadcasts of the TV and Radio Company of Namangan province without any explanations. January 25 Russian TV Channels Ren-TV and Russia (Bukhara) On January 25, the non-government TV station Istiklol broadcasting on a decimeter channel stopped re-broadcasting the Russian channels Ren-TV and Russia. January 25 TV and Radio Company of Bukhara Province The TV and Radio Company of Bukhara Province broadcasting on the 29^th decimeter channel rebroadcasts Russia’s Channel One. Starting January 25, the company replaced the series The Twins that started at 9.45 p.m. with repeats of the Brazil series Clone. The company refused to comment on the reasons for the replacement. Viewers could only watch the first several episodes of The Twins – partially shot in Samarkand – that included allegations of corruption in Uzbekistan’s police. *COMMENTARY* Banning a program is unlawful and gives reasons to believe that the ban is aimed at dozing information thus violating Article 67 of Uzbekistan’s Constitution that provides for citizens’ right to access to information. It also violates Article 4 of Uzbekistan’s Law on Mass Media and Article 4 of Uzbekistan’s Law on Protection of Journalists’ Professional Activities that prohibit censorship. The above-mentioned articles all have the following line, “No one has the right to demand that any materials not be broadcast/published, that they be edited, or that their content be preliminarily approved.” Many private channels in Uzbekistan’s Ferghana Valley broadcast on the same frequencies and share time. If the time allocated to one channel is over, the next channel in line has the right to interrupt it and start its own broadcasts. For the audience’s sake, the channels should be more careful when drawing up their broadcast schedules and counting total running time of their programming. 8. Unlawful Jamming of Radio Broadcasts January 31 Radio Ozodlik (Liberty) (Andizhan) From January 1 to January 31, 2005, all broadcasts of Radio Ozodlik (Liberty) that airs on 31 meter HF at 7-9 a.m. and 9-11 p.m. were constantly interrupted by noises. *COMMENTARY* Jamming radio frequencies is unlawful. It grossly violates both citizens’ constitutional rights to access to information and international standards/documents related to radio frequencies to which Uzbekistan is a party. Article 14 of Uzbekistan’s Law on Principles and Guarantees of Freedom of Information reads that access to information may be limited in order to set up systems of resisting informational expansion aimed at deforming the national consciousness, distancing the community from its historical and cultural traditions and customs, destabilizing the socio-political situation as well as disrupting inter-ethnic and inter-denomination accord. At present, this somewhat undemocratic provision is in force in Uzbekistan. The information aired by the radio stations falls under Article 12 of Uzbekistan’s Constitution that guarantees plurality of political institutions, ideologies, and opinions. If the radio station aired false information, all parties concerned, under Article 27 of Uzbekistan’s Law on Mass Media, have the right to demand that the station air a disclaimer. If the station refuses, they have the right to sue. 9. Limitation of Access to Websites January 07 Intal-Telecom (Nukus.) Since January 1, the Internet service provider Intal-Telecom has banned the website Centrasia.Ru that published the articles entitled “Right After the Elections the Uzbek Government Continued to Rob the Population” (December 29, 2004) and “Uzbek Citizens Will See the Bright Future According to Islam Karimov Only in Their Afterlife” (December 30, 2004) by Sergey Ezhkov. January 15 Centrasia.Ru On January 15, the website Centrasia.Ru published the December 2004 report of the Monitoring of Violations of Freedom of Speech in Uzbekistan. Uzbek Internet service providers banned the web-page as they had systematically done so since October 2004. *COMMENTARY* Access to information is guaranteed by Uzbekistan’s Constitution and other laws. Articles 4-6 of Uzbekistan’s Law on Principles and Guarantees of Freedom of Information declare that (a) in accordance with the Constitution of the Republic of Uzbekistan, citizens of the Republic of Uzbekistan have the right to freely seek, receive, research, impart, use and store information, (b) main principles of freedom of information include openness, publicity, accessibility and authenticity, and (c) access to information can only be limited in accordance with the law and for the sake of protection of rights and liberties of individuals, fundamentals of constitutional regime, moral values of the community as well as national security and the nation’s spiritual, cultural and scientific potential. Unfortunately, Uzbekistan, under the pretext of “protecting people’s rights and liberties,” violates the principle of free access to information thus limiting liberties guaranteed to Uzbek citizens by the Constitution. Article 14 Uzbekistan’s Law on Principles and Guarantees of Freedom of Information says that access to information may be limited in order to set up systems of resisting informational expansion aimed at…destabilizing the socio-political situation. Before banning a website under Article 14, it must be proved that its content “destabilizes the situation,” etc. From the point of view of civil responsibility, by banning certain websites, ISPs violate their contract obligations to their subscribers to provide them with information, because subscribers pay for the ISPs’ services. The subscribers/users have the right to sue. 10. Violation of Journalists Labor Rights January 30 Mansur Aslanov (Navoi) Mansur Aslanov, Deputy Chairman of the TV and Radio Company of Navoi Province, officially wrote to Gulom Sultanov, the company’s Chairman, complaining that no proper working conditions had been created for him; there was no telephone and necessary equipment in his office. Aslanov said he had written two such complaints. He also mentioned that false information about his alleged absenteeism was repeatedly sent to the superior body, namely, the TV and Radio Company of Uzbekistan. According to Aslanov, Sultanov had repeatedly demanded that he quit out of his “own free will.” *COMMENTARY* Under Uzbekistan’s Labor Code, employers have to create proper working conditions for their employees. Mansur Aslanov can turn to the company’s trade union for protection of his rights. In addition, under Article 44 of Uzbekistan’s Constitution and Article 16 of Uzbekistan’s Labor Code, employees may sue for protection of their violated rights. III. CONFLICTS. ACCUSATIONS AGAINST THE MEDIA 1. Insult Accusations (Article 41 of Uzbekistan’s Administrative Liability Code) January 30 Nodira Samandarova, Khilola Ismatova (Navoi) On January 30, Nodira Samandarova and Khilola Ismatova, journalists with the TV and Radio Company of Navoi Province, learned that, on January 20, D. Tashpulatov, judge of the Criminal Court of Navoi Province, had solely and independently considered the appeal filed by Oksana Abdullayeva, the company’s another employee, against the decision of the Navoi City Court of 23 December 2004. Under the decision, all three women were charged with committing an administrative crime, specifically, insult, under article 41 of Uzbekistan’s Administrative Liability Code. The case record included Bakhtiyor Shakhnazarov’s request to postpone the trial until January 25, 2005, i.e. until after he returns from abroad. Shakhnazarov is Samandarova’s lawyer. However, Judge Tashpulatov refused to wait. He reversed the first instance court’s decision and referred the case to the Criminal Court of Karmana for re-trial. *COMMENTARY* Under Article 249 of Uzbekistan’s Administrative Liability Code, the lawyer has the right to request postponement of a trial if he/she cannot be present at it. The request must be justified and supported by appropriate documents. The court must consider the request and deliver a justified and grounded decision on whether to grant or deny it. *In the above-mentioned case, the lawyer requested postponement following all appropriate procedures.* *The court delivered its decision in absentia, which was unlawful and violated the journalists’ rights. The decision should be reversed by a higher court.* 2. Defamation Charges January 19 Mutabar Tajibayeva (Margilan) Mutabar Tajibayeva, freelance journalist, sued the Trade Union Council of Ferghana Province and the Margilan City Council of the People’s Democratic Party of Uzbekistan for defamation. She demanded 10 million Uzbek soums ($9,800) in moral damages. On January 19, the Inter-District Civil Court of Margilan started the trial. As Tajibayeva explained in her statement of action, the defendants had asked the Department of Justice of Ferghana Province to take measures against her and portrayed her as “a homeless person and an enemy of the nation who abets crimes.” January 26 Newspaper Khukuk (Law) (Tashkent) Yusuf Khasanov, former chief physician of the Central Hospital of Shavat District, demanded that the newspaper Khukuk (Law) publish a refutation to the article entitled “Yozishmaga Qarshi Yozishmalar” (Paperwork against Paperwork) by Erpulat Bakht published back in 2003. The newspaper’s representatives told him, “We accept your refutation, but we will not publish it for now; you will receive our reply in a month, after we investigate all the facts.” Khasanov said, “Publish my refutation immediately and punish the author or I will organize a picket, because I am a member of an international human rights organization.” Journalist Gafurjan Alimov wrote about this incident in his article entitled “Journalist Fakat Tankid Kiladimi?” (Do Journalists Only Criticize?) published by the newspaper on January 26, 2004. *COMMENTARY* Violations of non-property rights, such as dignity and business reputation, are punished under Articles 1021, 1022 of Uzbekistan’s Civil Code. Under this article, civilly punishable defamation exists if all three of the below-mentioned statements are true: *a. The publication contains data, not opinions, beliefs, or assessments;* *b. The data is unreliable, i.e. untrue;* *c. The data defames the plaintiff from the point of view of his/her observance of legal and moral principles of the community;* *If any of the three statements is not true, civilly punishable defamation does not exist.* Under Article 27 of Uzbekistan’s Law on Mass Media, the individual has the right to demand that a refutation to the article/story containing untrue defaming information be published/aired. If the media outlet refuses to publish/air the refutation, the individual has the right to sue. Under the above-mentioned Article 27, the legal entity or individual has the right to sue if the mass media outlet refuses to publish/air the refutation or if it does not do it within the period it was given. 3. Journalists Suing the Foreign Media January 30 Tursunkul Astanakulov, Radio Ozodlik (Liberty) (Tashkent) Tursunkul Astanakulov, former stringer with Radio Ozodlik (Liberty), sued the Tashkent bureau of the station demanding that it (a) restore its employment contract with him cancelled on May 17, 2004, (b) include the four years he had worked for the station in his work record card, (c) pay for his vacations during the four years – a total of 1.8 million Uzbek soums ($1,700) in addition to 3.9 million Uzbek soums ($3,800) in moral damages. The Inter-District Civil Court of Mirzo Ulugbek District of Tashkent started the trial. *COMMENTARY* Tursunkul Astanakulov’s demands are groundless. He was not Radio Liberty’s full-time employer, but rather a stringer; he did not receive a salary, but rather honoraria for his contributions. Under Uzbekistan’s Labor Code, employees are entitled to vacations and vacation allowances from their key employers. In the contract signed by the bureau and Astanakulov, there is a provision that stipulates that any of the sides has the right to cancel the contract. The contract was cancelled under this provision. This monitoring is based on contributions from correspondents with the International Foundation for Protection of Speech “Adil Soz” (Almaty, Kazakhstan) Home Page

In addition, the journalist has the right to sue or complain about the policemen to higher authorities under Article 269 of Uzbekistan’s Law of Civil Procedure.