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February 2005 International Foundation for Protection of Speech “Adil Soz” Monitoring of Violations of Freedom of Speech in Uzbekistan in February 2005 Sixty nine violations were registered in February 2005. Of these 29 reflect actual media conditions, 33 are direct violations of the media and journalists’ rights, and 7 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 1. Public Addresses, Statements and Speeches by Top Level Officials Reflecting Actual Mass Media Conditions February 18 Dimitry Rupel (Tashkent) On February 16, Dimitry Rupel, OSCE Chairman-in-Office and Slovenian Foreign Minister, met with Uzbek President Islam Karimov and other Uzbek government officials in Tashkent. Having offered Uzbekistan the OSCE’s help in clearing its borders from mines, Rupel also said that the monitoring of the media conducted by the OSCE’s Representative for the Media would help improve [Uzbekistan’s] media legislation. February 23 Islam Karimov (Tashkent) On February 23, Uzbek President Islam Karimov and Kazakh President Nursultan Nazarbayev discussed on the telephone the countries’ bilateral relations and cooperation in the region as well as cooperation in fighting international terrorism and religious extremism. Some of the Uzbek media had published reports, with reference to Uzbekistan’s Foreign Ministry, criticizing Nazarbayev’s idea of establishing the Union of Central Asian States. Karimov said the Uzbek Foreign Ministry had never released such reports and had nothing to do with the media reports claiming that “Uzbekistan’s Ministry of Foreign Affairs called the Kazakh President’s initiatives “unfounded.”” February 24 Sherzod Kudratkhojayev (Tashkent) In his speech at the roundtable called “Uzbek Parliament: Cooperation with the Media,” Sherzod Kudratkhojayev, official from the President’s administration, touched upon the development of the media in Uzbekistan. He mentioned that an independent public foundation for supporting the media was going to be established; the foundation had been mentioned by the President in his speech during the joint sitting of Parliament [in January 2005]. When asked if the foundation was going to become another tool to control the activities and financing of the independent media, he said the project was to expedite the development of “a solid system of both government and non-government media, including private media.” 2. Actions of Officials Affecting Media Conditions February 10 Karim Kamalov (Bukhara) Karim Kamalov, Hokim (Mayor) of Bukhara, phoned Obid Shabanov, head of the dispute club Reporter, to speak about Gulasal Kamalova, correspondent with Radio Ozodlik (Liberty). The Hokim believes that Kamalova should focus on covering the government’s opinion on the issues she mentions in her reports. The phone call had been caused by Kamalova’s report about the commodity market Karvan in Bukhara where local vendors protested against the Hokim’s ruling to knock down their outlets and build new ones. February 11 Khakimbay Khalimov (Nukus) A special issue of the newspaper Istiklol va Konun (Independence and Law) was published in three languages, specifically, Uzbek, Russian, and Karakalpak. Eighteen months ago, at the initiative of one of the newspaper’s editorial staff members, namely, Khakimbay Khalimov, Prosecutor of Karakalpakstan, its charter was altered to include a provision that one of the columns should be published in Russian. As Khalimov told journalists, “…it is necessary to publish articles in Russian, because for many law enforcement officers as well as ordinary citizens Russian is a native language.” Zamir Bekmuratov, Editor of Istiklol va Konun, Karakalpakstan’s largest newspaper with the circulation of over 22,000 copies, said he hoped that “now every issue of the newspaper published three times a month will include a “Russian column” which will increase our readership’s interest in the paper.” February 15 Rustam Shagulyamov, Babur Alimov (Tashkent) Rustam Shagulyamov, a veteran of Uzbekistan’s political and government elite, was dismissed from his position of the General Director of Uzbekistan’s Agency for Press and Information. He moved to the chair of the Director of the Publishing House Uzbekiston, the post to which he had appointed himself about a month before. A new director, Babur Alimov, was introduced to the Agency’s staff. Alimov, who had worked as the President of the Publishing and Polygraphic Concern Sharq, is described as a quiet and balanced person and a good leader. As a son of famous Uzbek poet Shukhrat, Alimov also writes. February 18 Makhmudjon Askarov (Tashkent) Makhmudjon Askarov, Chairman of the State Property Committee of the Republic of Uzbekistan, addressed the staff of two of the committee’s newspapers, Mulkdor and Chastnaya Sobstvennost’, with a “preventive talk.” According to journalist Nuritdin Mazarov, whose article about the incident was published by the website Arena, Askarov classically passed strictures on his subordinates or, to be more precise, jurisdictional journalists. Referring to the newspapers’ heads, he said that “the leaders’ task is to make sure that their subordinates know the government’s strategic direction.” The knowledge, he said, is to be obtained from the President’s recent speech at the joint sitting of Uzbekistan’s now bi-cameral Parliament. He ruled that a copy of the speech be multiplied and distributed to the staff for “thorough study and circumstantiation.” In order to improve educational standards in the newspapers’ staff, Askarov suggested that political orientation meetings devoted to the most recent developments in Uzbekistan be held weekly at the newspapers’ offices. Having asked the editors what problems the newspapers had to face, he immediately mentioned that “the State Property Committee is not a milk cow; it is time to leave the vicious circle of dependency…” Askarov ended his bossy and patronizing criticism with the line, “I call on you to be patriots, but criticize all ministries and [government] agencies. However, do not cross certain borders… I will not let it happen.” February 11 Ubaydulla Yomonkulov (Jizzak) Ubaydulla Yomonkulov, Hokim (Governor) of Jizzak Province, gave a press conference and said he wanted to set up a press service with the Hokimiyat. At his recommendation, Nematjon Saidaliyev was appointed Press Secretary. Yomonkulov said the number of critical media reports about the Hokimiyat had increased and the press secretary would prevent publication of such reports. He did not even conceal that the key function of the press service will be to prevent any leaks of negative information. Otherwise, he said, it would negatively affect foreign investments and the province’s economy. February 21 Khamid Abdurakhimov (Ferghana) Khamid Abdurakhimov, Chairman of the TV and Radio Company of Ferghana Province, held a staff meeting and demanded that the company’s staff stop cooperating with international organizations and participating in the training seminars and contests organized by the latter. He showed the staff an invitation received from Freedom House forwarded to him by the Namangan Media Resource Center and said, “This international organization invites five of our staff members to attend a training seminar for journalists. Our TV and radio company is called a base for training staff for the foreign press. From now on, no one will attend any training seminars.” Having said this, he tore the invitation into pieces in front of the staff. Abdurakhimov said staff members could only participate in the contests organized by government organizations; otherwise, he said, they would be fired. February 22 Ulugbek Jalmenov (Nukus) A roundtable meeting called “Political Leadership in Bi-Cameral Parliament” was held [in Nukus]. The meeting gathered Parliament members, representatives of NGOs, and the media. In his address, Ulugbek Jalmenov, member of the Oliy Majlis (Uzbek Parliament), said, “Not all political parties used the media as their political arena, although they badly needed media support. Many representatives of all the four parties refused to participate in the local television’s programs, often right before the program was to go on the air.” February 24 Khurshid Dustmukhammad (Tashkent) The Tashkent International Center for Re-Training of Journalists and the representative office of Conrad Adenauer Foundation held a roundtable meeting called “Uzbek Parliament: Cooperation with the Media.” Khurshid Dustmukhammad, Chairman of the Committee for Information and Communication Technologies with the Legislative Assembly of the Oliy Majlis, and Sherzod Kudratkhojayev, official with President Karimov’s administration, participated in the meeting. Dustmukhammad gave a keynote speech entitled “Parliament-Mass Media Cooperation” and said that out of 120 Parliament members, seven are journalists and that out of the legislative assembly’s 10 committees, one will deal with not only the press, but with the development of IT in general. He stressed that the committee and Parliament are ready to closely cooperate with the media; the committee will analyze Uzbekistan’s media legislation and alter it if necessary in addition to developing new laws, including laws on television, radio and other electronic media. February 24 Cabinet of Ministers of Uzbekistan Uzbekistan’s Cabinet of Ministers, the key founder of the national government newspaper Pravda Vostoka, refused to purchase computers for the newspaper. Pravda Vostoka established 88 years ago continues to independently deal with its financing; it struggles financially which is admitted by even its management. However, the newspaper’s staff that is among the most professional ones in the nation does not quit despite meager salaries. The Cabinet is well aware of the newspaper’s poor financial conditions. But it does not care despite being the newspaper’s founder. According to independent experts, the founder refuses to help the newspaper, because the latter often publishes articles critical of the executive branch of the government. February 25 Uzbekistan’s Media (Tashkent) The press conference called “Uzbekistan’s Agriculture: Ways out of the Crisis” organized in Uzbekistan by the London-based Institute of War and Peace Reporting was crabbed twice. Initially, the press conference was to be held in one of Tashkent’s big hotels, but the hotel’s administration refused to provide a hall. According to the head of the Institute’s representative office in Uzbekistan, Galima Bukharbayeva, the hotel refused because its administration had been promised trouble by unidentified [government] officials. After about 15 minutes, the press conference started in a cafeteria nearby. However, soon the cafeteria’s administration also asked the participants to leave. The conference was finally held at the Institute’s representative office in Tashkent. 3. Assessments of Media and Press Freedom Conditions February 02 U.S. Congress (Washington) The 109^th Congress, at its 1^st Session, passed the Resolution #31. The resolution reflects the Congress’ opinion on human rights in Central Asia. In particular, according to the resolution, the Central Asian states are members of the UN and OSCE and further violations of human rights and suffocating free democratic expression will boost the popularity of armed extremist organizations in the general public thus negatively affecting world-wide anti-terrorist efforts. For this reason, the Congress believes that governments of Kazakhstan, Kyrgyzstan, Tajikistan, Turkmenistan, and Uzbekistan should “permit the free and unfettered functioning of independent media outlets, independent political parties, and nongovernmental organizations, whether officially registered or not.” The US President and Secretary of State should “support, through United States assistance programs, those individuals, nongovernmental organizations, and media outlets in the countries of Central Asia working to establish more open societies, to support the victims of human rights abuses, and to expose official corruption.” February 02 Feruza Yarkin (Tashkent) The website Ozod Ovoz (Free Voice) published an article by Feruza Yarkin about the newspapers Trud and Argumenti i Fakti published in Uzbekistan. With consent of the Russian newspapers’ administrations, they are remade up in Uzbekistan and published in a purely pro-Karimov version. According to Yarkin, firstly, Uzbek officials publish many pages of ads of Uzbek factories and goods. In particular, on January 28, out of the Trud-7’s 40 pages, 11 were filled with advertising; out of Argumenti i Fakti’s 32 pages, 12 were taken by ads. Secondly, every now and then the newspapers publish articles praising Uzbekistan as well as top Uzbek government officials and “big entrepreneurs.” Specifically, on January 28, Trud published an article entitled “Live and Work for the Sake of Our Great Future” by Uzbek academician Murod Sharifkhojayev. This half-page article praises President Islam Karimov. The majority of Uzbek citizens do not know that the Russian newspapers are published in Uzbekistan in a “castrated” version. However, some, especially those who travel to Russia, know that the two newspapers are censored and altered in Uzbekistan. “I know that Murod Sharifkhojayev’s article was slipped into Trud in Tashkent,” said Abror Kosimov, Tashkent resident. “It is clear that our government officials do whatever they wish with the newspaper. But why do not the Russian editors of Trud react to this arbitrariness?” “In my opinion, the Russian editors of the two newspapers know they are published in Uzbekistan in a distorted form,” said a local journalist to Ozod Ovoz’s correspondent on condition of anonymity. “However, the Russians keep silent; all they care about is increased circulation and incomes.” February 12 Craig Murray (London, UK) In an interview to Radio Ozodlik (Liberty), Craig Murray, former Ambassador of Her Majesty to Uzbekistan, sharply criticized Uzbekistan for violating human rights and liberties. Speaking of freedom of speech, he said, “There isn’t any reform happening. The U.S. sometimes tries to pretend there are bits and pieces of reform. For example, two years ago the U.S. ambassador was loudly proclaiming the abolition of censorship. In fact no such thing has happened, Uzbekistan is still 100 percent censored in its media.” February 09 Sergey Ezhkov On February 9, the website Centrasia.Ru published an article entitled “Karimov Announced His Successor: It Is…” by Sergey Ezhkov. Speaking of the Uzbek mass media’s future after Uzbekistan’s transition to bi-cameral Parliament, Ezhkov said, “Uzbekistan is not going to democratize its government; neither is it going to set up three independent government branches. Two of them, the legislative and judicial branches, not to mention the fourth estate, the press, are going to continue to be under the executive branch and the country’s president.” February 15 Sergey Ezhkov (Tashkent) The website Freeuz.Org published an article entitled “Fewer by One Symbol” by freelance journalist Sergey Ezhkov. In this article, dealing with Rustam Shagulyamov’s dismissal from his position of the director of Uzbekistan’s Agency for Press and Information, Ezhkov wrote, “So, Rustam Shagulyamov who served the present regime with good faith and fidelity as almost the key national latent censor has been dismissed from his position of the director of Uzbekistan’s Agency for Press and Information. He is the person who suffocated freedom of the press in Uzbekistan and banned even the most innocent articles if they dealt with middle or top ranks of the executive branch. He is the old generation government official who was used to pleasing the government and implementing its lightest wishes or even hits at the wishes. The first question now that the person left is whether the Uzbek press is going to become freer, more democratic, open and criticizing, principled and uncompromising. Probably not because the director’s forced dismissal does not change the nature of the Agency’s functions. It used to censor the media directly; now it makes editors and journalists censor and monitors the press, which is censorship again, but now after-publication censorship.” At the end of the article, Ezhkov wrote, “As for the national press, I am afraid it is going to remain as boring and knee-crooking. The regime has remained. It was not Shagulyamov who created and cherished it. He was just one of the symbols…” February 11 Narodnoye Slovo (Tashkent) On February 11, the newspaper Narodnoye Slovo published an article entitled “Thorny Path to Information” by O. Nepomnyashaya. The article deals with the fact that despite the Uzbek president’s statements about freedom of speech and freedom of access to information, Uzbek journalists have extreme difficulty getting it: no government officials will ever speak to a journalist on the phone without the higher echelon’s permission; journalists always have to submit official inquiries. The inquiries are replied no sooner than after a month, and normally are merely a come-off. Specifically, the newspaper Narodnoye Slovo submitted an inquiry to the Ministry of Healthcare about road accident victim treatment statistics over the past eight months. The ministry forwarded the inquiry to the Traumatology and Orthopaedics Research Institute that replied that “…this data is classified and cannot be published.” Having read Nepomnyashaya’s article, one realizes that the newspaper Narodnoye Slovo (Voice of the Nation) is not really a people’s newspaper, because its journalists make sharp inquiries, but government officials always conceal the truth. February 12 Radio Liberty (Prague) According to Radio Liberty (RFE/RL), the Uzbek media publish little information about other Central Asian states. Uzbek citizens interviewed by a Radio Liberty correspondent said they would very much like to learn more about the neighboring states, but the Uzbek media do not cover them. The key sources of information for the citizens are Russian TV channels and the Internet. In the neighboring states, it is also difficult to obtain information about Uzbekistan. According to Kazakh journalist Roslana Taukina, she gets her news about Uzbekistan from Russian TV channels. “Uzbekistan is an absolutely closed state,” she says. “There are lots of terrifying rumors about social and economic conditions, about law enforcement in Uzbekistan, but there is no accurate information and news.” According to Ismail Rakhimov, Tajikistan-based policy expert, Tajik journalists can obtain information about Kazakhstan and Kyrgyzstan, but Uzbekistan and Turkmenistan are closed countries for them. February 14 Conrad Adenauer Foundation (Bonn, Germany) According to Conrad Adenauer Foundation experts, the Internet is basically the only source of independent information in Uzbekistan. The report entitled “Mass Media and Democracy” was discussed in Bonn, former capital of the German Federative Republic; a significant portion of the report is about CIS states, including Uzbekistan. Speaking of the latter, the experts voiced little optimism. According to them, there is no freedom of the press in Uzbekistan. As Vladimir Esipov, Deutsche Welle correspondent, reported at the discussion, the Internet faced problems too: government organizations ban websites providing independent information. The Uzbek media have long been the government’s mouthpiece; they have no influence on political decision-making in the country. Private radio stations and newspapers prefer to ignore political issues fearing repercussions. For this reason, Conrad Adenauer Foundation experts said, the government media enjoy hegemony in Uzbekistan and the government implements the policy of secrecy – much is simply concealed from the public. In informal conversations, journalists often complain about a list of tabooed topics that include, but are not limited to, Uzbekistan’s Soviet past as well as corruption, torture in prisons, crime rates, and economic problems. As the Foundation’s expert Andreas Jacobs said, in the most recent freedom of the press rating drawn up by the organization Reporters Without Borders, Uzbekistan is #142 in the list of 167 countries, which means that there are virtually no independent mass media outlets in this country. February 22 Tamara Kaleyeva (Almaty, Kazakhstan) Radio Deutsche Welle reported the results of the monitoring of freedom of speech in Uzbekistan held by the Kazakhstan-based International Organization for Protection of Speech Adil Soz. The monitoring revealed that five TV channels were closed in Uzbekistan recently. In August 2004, the popular Jizzak-based channel Bakhtyor TV stopped broadcasting. It was followed by Bekabad TV in Tashkent province, Mulokot TV in Kokand, Ishonch TV in Termez, and Nurafshon TV in Karshi. In addition, private printery Imonch Ltd was closed. According to Adil Soz’s experts, poorly justified legal proceedings were started against a number of NGOs and mass media outlets in order to suspend or close them. Journalists with alternative views are fired and replaced with more loyal ones. As Tamara Kaleyeva, the president of Adil Soz, says, what is paradoxical about this situation is that Uzbekistan has very good media legislation, but it is hardly ever implemented. “Firstly, there are few independent mass media outlets there [i.e. in Uzbekistan]; government outlets make the majority. There are no opposition outlets and there are many tabooed topics. Such terms as “national security,” “protection of national mentality,” and “protection of national cultural traditions” are very vaguely interpreted in the legislation. In other words, their vagueness allows to punish journalists and media outlets for virtually anything.” Adil Soz says, in terms of freedom of speech, Uzbekistan is closer to Turkmenistan than Kazakhstan. In the past three months alone, 193 direct and indirect violations of the national mass media legislation were registered. There were seven instances of interference with journalists’ professional activities, including censorship, 48 reports of preventing journalists from fulfilling their professional duties and refusing them information of public interest, and eight reports of banning websites. Eleven journalists were sued for alleged defamation. Surprisingly, Kaleyeva says, the number of reported violations is fewer in Uzbekistan than Kazakhstan. “It is not because there are fewer violations; it is because there are fewer mass media outlets and journalists who dare to criticize. I would say their characteristic is fear; journalists are afraid of government officials, the authorities, and law enforcement.” In Uzbekistan, only correspondents with the foreign media dare to produce critical and political reports. There are only a few correspondents with the local non-government media that try to stand for their rights and cover vital topics. Kaleyeva brought Obid Shabanov, correspondent with Deutsche Welle, as an example: Shabanov had sued a judge for unlawful actions; the suit was filed with the Inter-District Civil of Karmana. “It is a very rare kind of actions to protect one’s rights,” continues Kaleyeva. “Even in Kazakhstan, where there have been hundreds of lawsuits, I cannot think of anybody suing a judge for unlawful actions. The correspondent sued because he had not been allowed to attend a hearing; he sued for 999,999 Uzbek soums in moral damages that is a little less than $1,000 and demanded that the judge be condemned.” Having analyzed the situation, Adil Soz’s experts concluded that freedom of speech conditions are deteriorating not only in Uzbekistan, but throughout the Central Asian region. February 16 Association for Refugees from Uzbekistan (Belgium) The Association for Refugees from Uzbekistan wrote to the UN High Commissioner for Refugees, the Commission’s North European department, and the Commission for Foreigners stating that “There is no freedom of speech in Uzbekistan. It is impossible to seek and distribute information, except if it is approved by the government… There never used to be and there is no freedom of the press in Uzbekistan. Virtually, the only source of independent information for Uzbekistan’s citizens is the Internet. However, government structures try to ban independent websites too. It means there are no free mass media outlets in Uzbekistan. The government implements a closed information policy; much is simply concealed from the public.” February 22 Phil Brooks (Namangan) A training seminar for journalists from Andizhan, Ferghana, and Namangan provinces was held at Freedom House’s Resource Center in the Ferghana Valley. Professor Phil Brooks (University of Missouri, Columbia) told the participants about the distinctive of American and international journalism; he also spoke about the Uzbek media. “Although I am not very well familiar with the Uzbek media, judging by the Uzbek periodicals that I am holding in my hands, I can say that the newspapers’ quality and makeup do not meet international standards,” said Brooks. “The newspaper must be colorful and must catch the eye; articles should be of interest to the reader, must be sensational. Let’s take the 18 December issue of the newspaper Mokiyat. I do not see anything in the newspaper that could make the reader interested.” February 26 Alibay Ergashev (Tashkent) On February 23, the non-government newspaper Khurriyat (Liberty) published an article entitled “Permission From Above Needed” by Alibay Ergashev who wrote how often he as an investigative reporter had had to deal with bureaucratic barriers as well as government officials’ “lack of liberty” in many terms. Local authorities always refer journalists to Hokimiyats for permission to carry out a journalist investigation. Without such permission, they do not provide any information. By doing so, the government officials violate the Law on Protecting Journalists’ Activities and Article 29 of Uzbekistan’s Constitution, but they are much more afraid of their immediate supervisors than anything else, because laws and the Constitution are something abstract, whereas their bosses are nearby and may disapprove of their sharing information with journalists. The fact that they conceal information points to the fact that something illegal is done. Ergashev asks a justified question, “Who benefits from it?” February 27 Uzbekistan’s Internet Service Providers The number of companies providing access to the Internet in Uzbekistan was 477 as of the end of 2004, including 398 public use outlets (a.k.a. cyber cafés). In 2001, there were 72 providers and 21 more licenses for public use outlets had been issued. On February 25, at a roundtable meeting devoted to developing ISPs in Uzbekistan, it was stated that the average speed of access to international information networks was 53 mbit/s in 2004 compared to just 8 mbit/s in 2002. The prices decreased by half over the past two years. According to Uzbekistan’s Agency for Communication and Information, the estimated number of Internet users in Uzbekistan as of the end of 2004 was 675,000, i.e. 26 out of 1,000 citizens. February 27 Abdukayum Yuldashev (Tashkent) On February 24, the newspaper XXI Asr, official organ of the Liberal Democratic Party of Uzbekistan, published an article entitled “Objectiveness and Accuracy Must Become the Key Benchmark for Mass Media” by Abdukayum Yuldashev. In particular, Yuldashev wrote, “Of course, market economy demands to do certain things. But how do we understand some newspapers that only care about making money? The newspapers only focus on solving financial problems. People with money take advantage of it and, if you may, “buy” the journalist and order a certain article. Naturally, objectiveness and accuracy are very relative in such situations. In other words, if they paid you or arranged subscription to your newspaper, you must fulfill their order. Only when newspapers, radio and television stations, and mass media in general become financially independent, we can discuss the issues of sustained objectivity and accuracy. The journalists who are financially dependent on someone will not always be courageous enough to write the truth. The most dangerous thing is that such writers may become puppets in the hands of various groups and government officials infected with careerism. Lies and inaccuracy damage [the notion of] objectivity in general.” February 28 U.S. Department of State On February 28, the U.S. Department of State issued its annual report on human rights in 196 countries of the world. In the section devoted to Uzbekistan, it states that “Uzbekistan is an authoritarian state with limited civil rights. While the Government took some important steps to address torture and to establish police accountability, it made no progress on democratic reform and placed further restrictions on the activities of nongovernmental organizations (NGOs) and the press… Unlike past years, no journalists were arrested; three journalists imprisoned in previous years were released… The Government severely restricted freedom of speech and the press, and an atmosphere of repression stifled public criticism of the Government. The Government warned editors that they were responsible for the content of their publications, and the law encouraged self-censorship.” 4. Journalists’ Activities to Protect their Civil and Professional Rights February 03 Website Freeuz.Org (Tashkent) The website Freeuz.Org published an article entitled “The Journalist’s Murderers Have Not Been Found Yet” by Inera Safargaliyeva, who wrote, “Late in January, it was nine years since the murder of famous Uzbekistan journalist Sergey Grebenyuk who had been a special correspondent with the Russian information agency Interfax for four years. By publishing this article, the website Arena reminds that, despite the fact that criminal proceedings were started, a real investigation into the murder was never carried out. The murderers have not been found yet. Questions about his untimely death remain unanswered. The criminal proceedings were later closed “ignoramus.” The investigation was just for show without any real intention to find out the real reason why the journalist had been murdered. The investigation was influenced by the official version, specifically, “An accident under alcoholic influence.” However, it is obvious that his murder was the result of his professional activities. After Grebeyuk’s death, virtually all national newspapers refused to publish an obituary, although he was a veteran of the national information agency UzTAG now renamed into UzA. In the obituary published by Interfax, the information agency said it would do its best to assist the investigation and find out the reasons for its special correspondent’s death, but, as time showed, it did not virtually do anything, probably because it did not want to spoil its relations with the Uzbek government.” VIOLATIONS OF THE MEDIA AND JOURNALISTS’ RIGHTS 1. Attacks on Journalists February 01 Gulbakhor Ruzimatova, Khorezm TV (Urgench) Gulbakhor Ruzimatova, editor-in-chief of the department Inson va Konun (The Person And The Law) of the TV and Radio Station of Khorezm Province, while carrying out a journalist investigation at the central market of Urgench, was attacked by Sh. Matyakubova, cookie salesperson. The latter took Ruzimatova’s cassettes, broke them, and hit Ruzimatova with the pieces. Then she sued. However, the court found out the truth and obliged Matyakubova to pay a fine of 20,000 Uzbek soums ($19). COMMENTARY Matyakubova’s attack on Ruzimatova constitutes an offense against the person. Depending on the gravity of consequences, the actions fall under appropriate provisions of Uzbekistan’s Criminal Code and are punished accordingly. The attacker violated the journalists’ right to personal immunity while in discharge of professional responsibilities guaranteed by Article 8 of Uzbekistan’s Law on Protection of Journalists’ Professional Activities. The wording of Article 10 of the Law reads that journalists’ security in discharge of their professional duties is protected by the state. 2. Threats to Journalists February 28 Ulugbek Khaidarov (Jizzak) On February 21, Ozodlik, Uzbek-language branch of Radio Liberty, with reference to Ulugbek Khaidarov’s article published by Ferghana.Ru, aired a report about the press conference given by Ubaydullo Yamankulov, Hokim of Jizzak Province and Senator, at the province’s Hokimiyat. Khaidarov included in his article entitled “Corruption, Lawlessness, and And Dictatorship Are All about the USA” several statements about the United States’ foreign policy made by Yamankulov. At night on the same day, Ne’mat Saidaliyev, the Hokimiyat’s press secretary, phoned Khaidarov and warned him. “Be cautious and do not look for trouble,” he said. “The press secretary said that, as the head of the press service, he controls all the information and I should have told him about the interview given to radio Ozodlik,” said Khaidarov. “Then he warned me that I might be beaten.” On February 26, while Khaidarov was in Tashkent, Saidaliyev rushed into Khaidarov’s sister’s house in fury. “He shouted that he would throw Ulugbek out of Jizzak, that he would break him, and he had been authorized to do so, that the province’s Hokim had told him to keep an eye on Khaidarov,” said Nortoji Khaidarova, Khaidarov’s sister. Khaidarov believes that Jizzak province’s authorities will take a cruel revenge upon him for “disclosing” Yamankulov’s statements. *COMMENTARY* Under Article 112 of Uzbekistan’s Criminal Code, threats to kill or subject to violence constitute a punishable crime if the threats are likely to be carried out. Ulugbek Khaidarov has the right to file a claim to the police. 3. Insults February 12 Bakhtiyar Makhmudov, Khorezm Iste’dodi K. Khudayberganov, chief gardener of the complex Avesto in Urgency, demanded that Bakhtiyar Makhmudov, executive secretary of the newspaper Khorezm Iste’dodi, write a laudatory article about him. The latter refused and Khudayberganov called him bad names. *COMMENTARY* Under Article 27 of Uzbekistan’s Constitution, any person has the right to protection from humiliation. Article 41 of Uzbekistan’s Code of Administrative Liability provides for administrative punishment for humiliating a person. The article provides for fines of between one and two minimal monthly wages. The journalist should file a lawsuit with a criminal court in charge of cases of deliberate humiliation. 4. Unjustified Intelligence-And-Search Activities against Journalists February 21 Gafurjan Yuldashev, Radio Ozodlik (Liberty) (Andizhan) On February 20, a person in police uniform asked the people living in the residential building 16A in micro district #5 in Andizhan questions about Gafurjan Yuldashev, correspondent with Radio Ozodlik (Liberty) living in this building. The questions included the following: “What sort of a person is he? What does he do for a living? What are his kids like? Is it his first or second wife?” When one of the residents, specifically, Z. Mirzakaromova, asked the person why he asked all those questions, he said he had been instructed to do so by his command. Gafurjan Yuldashev said nobody asked him any questions. *COMMENTARY* Any intelligence-and-search activities by the police can only be justified by prevention of criminal infringements on citizens’ life, health, liberties and legitimate interests, including property, as well as state and public security, including prevention of espionage and subversive activities by foreign states. If the person is not found guilty of plotting or committing a crime by the court, but is still exposed to intelligence-and-search activities, he/she has the right to demand that the body that exposes him to these activities explain why it is done and what information it has about him/her. The person has the right to sue the body for any illegitimate intelligence-and-search activities. 5. Violations of Economic Rights February 11 Khorazm Yoshlari (Urgench) The head of the Urgench city department of UzJilSberBank systematically delays payroll payments to the staff of the newspaper Khorazm Yoshlari (Khorezm Youth). “Sometimes, we are not paid our salaries for two or three months,” said Erpulat Bakht, the newspaper’s editor. “In February, our accountant visited the bank about 100 times within 10 days. He never found the bank’s head at his office. Then I talked with the bank’s cashier on the phone and said, “If you do not pay the money, I will write a critical article about your bank.” After that, they paid us our salaries. Do we really always have to use this method?” *COMMENTARY* All entities have rights and duties under the law or obtain those under the contract(s) they make. In this particular case, there is a contract for banking services and its provisions are binding for both sides. If one of the sides fails to fulfill its duties properly or at all, the other side has the right to, firstly, demand that it fulfill its duties and, secondly, exact all possible losses, including lost profits, from the violator. 6. Unlawful Seizure of Equipment from a Journalist February 23 Matlyuba Azamatova, Nosir Zokir (Ferghana) Matlyuba Azamatova and Nosir Zokir, correspondents with the BBC Radio and Radio Ozodlik (Liberty) accordingly, arrived at the Criminal Court of Ferghana Province to attend the trial of six citizens accused of membership in the outlawed religious movement Hizb-ut-Tahrir. The correspondents had to produce their IDs before they were allowed to enter the courtroom. The guard demanded that they leave their recording equipment and mobile telephones at the entrance. Zokir asked to explain this requirement, but the guard just said it was chair Bakhtiyor Islamov’s ruling that was obligatory for everybody. *COMMENTARY* The seizure of equipment from the correspondents by the guard at the chair’s ruling is unlawful. Under Article 5 of Uzbekistan’s Law on Protection of Journalists’ Professional Activities, journalists have the right to attend open courts and record, including recording with adequate equipment. Article 8 of the Law states that journalists “in duty status” enjoy the right to personal immunity that includes untouchability of their equipment. 7. Unlawful Demands to Censor Content February 04 Gulbakhor Ruzimatova, TV and Radio Company of Khorezm Province (Khorezm Province) Akhmad Nur, Chairman of the TV and Radio Company of Khorezm Province, banned the program Muvozanat (Balance) produced by Gulbakhor Ruzimatova, chief editor of the program Inson va Konun (The Person And The Law). According to Nur, the key problem with the program devoted to the Home of Mercy was that it mostly featured psychotics. “These flaws could be removed during editing, but the chairman of the TV and Radio Company did not like this option either,” said Ruzimatova. “He said the program would be aired only with permission of Akhmadjon Ruzimatov, an official with the Hokimiyat of Khorezm Province.” February 20 Ibragim Khalimbekov, TV and Radio Company of Ferghana Province Ra’no Boykuziyeva, Deputy Hokim (Mayor) of Ferghana, demanded that Ibragim Khalimbekov, chief editor of the TV and Radio Company of Ferghana Province, ban the critical program about the shortage of drinking water at the makhalla (neighborhood) of Akarikabad. Boykuziyeva said the program had been ordered by biased people wishing to discredit the Hokimiyat (Mayor’s Office) of Ferghana. Khalimbekov said the program had been produced at the demand of over 100 residents of the makhalla and that he could not comply with Boykuziyeva’s request. February 21 Tukhtasin Khotamov, TV and Radio Company of Ferghana Province Tukhtasin Khotamov, correspondent with the TV and Radio Company of Ferghana Province, produced a critical program about the shortage of drinking water at the makhalla (neighborhood) of Akarikabad. Before the story was aired, he was visited by Khidolyat Tajibayeva who demanded that the story is not aired or she would complain to the prosecutor’s office and have him, i.e. Khotamov, arrested. Despite the threats, the story was aired. *COMMENTARY* Article 67 of Uzbekistan’s Constitution, as well as Article 4 of Uzbekistan’s Law on Mass Media, prohibits censorship. The law reads, “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.” 8. Violations of the Constitutional Right to Freedom of Content Production February 13 Kenesbay Karimov (Nukus) Recently, the government newspapers Irkin Karakalpakstan and Vesti Karakalpakstana started to publish articles about human trafficking and consequences of young women’s leaving Uzbekistan to work abroad. Kenesbay Karimov, the two newspaper’s editor, asked the staff to write about these issues as rarely as possible. The staff believes that the editor only voiced the demand that originates “from high up.” However, they are not going to stop writing such articles. February 18 Khamid Abdurakhimov (Ferghana) On February 17, the BBC Radio aired Matlyuba Azamatova’s report about the problems caused by the automobile traffic block-off at the mountain pass of Kamchik. The report also included criticism of Uzbekistan Airways. Believing that the report was produced by journalists of the TV and Radio Company of Ferghana Province, the administration of the Ferghana Airport expressed its indignation to the head of the company’s administration, Khamid Abdurakhimov. The company’s administration demanded that Zilola Rasulova, who had produced a positive report about the airport, write an explanatory memo. The investigation revealed that the critical story had been produced by Azamatova. Nevertheless, Abdurakhimov forbade its subordinates to produce any critical stories about such situations. *COMMENTARY* Article 29 of Uzbekistan’s Constitution, as well as Articles 2 of Uzbekistan’s Law on Mass Media and Article 5 of Uzbekistan’s Law on Protection of Journalists’ Professional Activities, guarantees citizens freedom of speech and content production, and gives journalists the right to freely seek, analyze, and impart information. Everyone has the right to express his/her opinion in through the media and to openly express his/her opinions and beliefs. It is exclusively up to the media and journalists to choose the topic, content and length of articles, reports, etc. No one has the right to oblige them to publish or not to publish certain content. 9. Violation of the Right to Participate in Events February 22 Salima Rustamova, TV and Radio Company of Ferghana Province A training seminar for journalists from Andizhan, Ferghana, and Namangan provinces was held at Freedom House’s Resource Center in the Ferghana Valley. Journalists with the TV and Radio Company of Ferghana Province were among the invited. A woman, who identified herself as Deputy Chairman of the TV and Radio Company of Ferghana Province, phoned several times during the seminar and asked if the company’s journalist Salima Rustamova attended it. When the seminar’s participants called the company back and asked to speak to its deputy chairman, a man who said he was the company’s only deputy chairman said he had never called the Resource Center. According to Salima Rustamova, she had received several phone calls at her home telephone: people warned her against cooperating with international organizations and said she would get herself in trouble. “If the administration finds out that I participated in the seminar, they will use it as an excuse to fire me,” says Rustamova. “That’s why they watch me.” *COMMENTARY* It is unlawful to limit the journalist’s right to participate in professional events. Under Article 44 of Uzbekistan’s Constitution, the citizen has the right to sue officials for unlawful actions. 10. Illegal Usurpation of Journalistic Status February 18 Adkham Daminov (Margilan, Ferghana province) On February 18, a man of about 25-30 years of age who identified himself as Bakhodir Karimov came to the makhalla (neighborhood) of Zukhro in Margilan and asked the residents if they had any problems. The makhalla’s chairman, Adkham Daminov, asked the man what mass media outlet he represented. The man said he worked for the BBC Radio. Daminov told him that he personally knew the BBC correspondent in charge of the area and that the correspondent was female. The man exited immediately without saying anything. February 15 Khurmat Maksimova (Kokand, Ferghana province) Khurmat Maksimova was visited by an unidentified man of about 35-40 years of age who inquired about her husband Abdusalam Maksimov held in detention at the province’s National Security Service department on accusations of membership in the outlawed religious organization Hizb-ut-Tahrir. Maksimova asked him who he was and he identified himself as a reporter with the BBC Radio helping people convicted for membership in Hizb-ut-Tahrir. Maksimova asked him to produce his documents, because she personally knew Matlyuba Azamatova, the BBC correspondent in charge of the region. The man said that he was Azamatova’s assistant and that he interviewed family members of those in detention, but refused to produce any documents. Maksimova refused to give an interview and he left. *COMMENTARY* Usurpation of the status of a journalist with the rights attached to this status constitutes a crime, namely, fraud, if the usurped status is used to obtain property by false pretences. This crime falls and is punished under Article 168 of Uzbekistan’s Criminal Code. 11. Preventing Journalists from Fulfilling Their Professional Duties February 03 Galima Bukharbayeva, Tulkin Karayev (Tashkent) On February 1, several owners of the dachas knocked down during the demarcation of the Uzbek-Kazakh border picketed the Hokimiyat of Tashkent Province demanding compensation for their ruined property. Galima Bukharbayeva, Tulkin Karayev, and several other journalists observed the picket. Representatives of the Hokimiyat invited the people to follow them to the Hokimiyat to peacefully discuss the situation with Kozim Tulyaganov, the Hokim (Governor). The journalists were not allowed to follow the people into the Hokimiyat; after the picketers entered the building, the journalists were pushed away and the door was locked. February 03 Gafurjan Yuldashev (Andizhan) An electricity company in Shakhrikhan district of Andizhan province cut off the electricity supply to more than 40 households in the makhalla (neighborhood) of Bayrok in Shakhrikhan collective farm. Gafurjan Yuldashev, correspondent with Radio Ozodlik (Liberty), wanted to interview the residents about the incident, but one Kurbanali, the electricity company’s engineer who refused to give his last name, turned Yuldashev’s audio recorder off and told him that the company’s provincial administration had ruled not to provide journalists with any information. *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. 12. Unjustified Refusal to Provide Information of Public Interest February 02 Gafurjan Yuldashev, Radio Ozodlik (Liberty) (Andizhan) Cattle theft rates have increased in Bulakboshi district of Andizhan province. Gafurjan Yuldashev, correspondent with Radio Ozodlik (Liberty) working on a report about the increase, asked Tojiddin Mansurov, deputy head of the district’s police, for information, but the latter refused to provide it. February 04 Solekh Yakhyayev, Sanjar Yakhyayev (Samarkand) On February 3, Solekh Yakhyayev, correspondent with the program Open Asia, and Sanjar Yakhyayev, cameraman, arrived at the Hokimiyat of Samarkand District to interview Deputy Hokim Fozil Rajabov about the shortage of natural gas in rural areas and the residents of the village of Mulyon who, protesting against the shortage, blocked a highway in the district. Rajabov asked them to speak “off-the-record” although he had agreed to speak to the camera. He did not explain why he changed his mind, but asked Yakhyayev to give him his contact information and promised to contact him and provide him with all the information after the pipeline was repaired which, he said, would happen after 3-4 days. He never contacted the journalist; neither did he answer his phone calls. February 08 Gafurjan Yuldashev, Radio Ozodlik (Liberty) (Andizhan) Employees of the public school #21 in the village of Yangiyul in Shakhrikhan district of Andizhan province asked the district’s Hokimiyat (administration) for land for a sports complex. The land was to be taken from the collective farm of Gaful Gulom planned to be turned into a farming enterprise. Gafurjan Yuldashev, correspondent with Radio Ozodlik (Liberty) working on a radio report about it, met with the chairman of the tender sale committee, Numonjon Turidialiyev, who, refused to provide him with any information and referred him to the chairman of the village’s council, Botyr Mirzakosimov. The latter did not provide Yuldashev with any information either saying he had received an instruction from “high up” not to give interviews to the foreign media. February 08 Mutabar Tajibayeva (Kokand, Ferghana province) Freelance reporter Mutabar Tajibayeva tried to meet with Ma’roof Usmanov, Hokim (Mayor) of Kokand, to familiarize him with the results of the investigation she had carried out at the request of Kokand resident Odina Kahharova. Usmanov ordered to throw her out of the Hokimiyat. Tajibayeva reminded the guard about Uzbekistan’s Law on Mass Media, but they said they were just implementing the Hokim’s order and demanded that she leave. February 10 Obid Shabanov, Radio Deutsche Welle (Bukhara) Since February 7, Obid Shabanov, correspondent with Radio Deutsche Welle, has been unable to get any information from Kayum Fozilov, head of Bukhara province’s veterinary administration, about vaccination of animals in the province. Initially, Fozilov agreed to meet with Shabanov, but when the latter came for the meeting on February 7, Fozilov’s secretary told him that Fozilov was “away in the chool” (desert). Shabanov later found out that Fozilov had not gone anywhere. February 10 Matlyuba Azamatova (Ferghana) Matlyuba Azamatova, correspondent with the BBC Radio, asked Adkham Turdimatov, lawyer with Legal Aid, to provide her with information about the conviction of former policeman Shukurali Dustmatov accused of membership in the movement Hizb-ut-Tahrir. Turdimatov said that the information was classified and his duties did not including talking to reporters. “The fate of the lawyers who cooperate with the foreign media may be lamentable,” he said. “As an experienced lawyer, I prefer to keep away from such dangers.” Azamatova reminded him of freedom of speech and guarantees of access to information for journalists, but the lawyer did not change his mind. February 15 Sharifjon Akhmedov, ВВС Radio, Gafurjan Yuldashev, Radio Ozodlik (Liberty) (Andizhan) Since February 10, electricity supply to the micro district #5 has been cut off daily from 1 p.m. to 5 p.m. Mamatjon Jalilov, head of the electricity company, refused to provide Sharifjon Akhmedov and Gafurjan Yuldashev, correspondents with the ВВС Radio and Radio Ozodlik (Liberty) accordingly, with any information about the cut-offs. February 15 Solekh Yakhyayev, Open Asia, Mustakhkam Tangriyorova, the BBC Radio (Samarkand) On February 15, Solekh Yakhyayev, reporter with the program Open Asia, and Mustakhkam Tangriyorova, reporter with the BBC Radio, covered the picket organized by a group of women resenting the demolition of the commodity bazaar Kechki Bozor in Samarkand. Sukhrob Rafikov, Hokim of Samarkand, and Pakhlovon Shamsiyev, head of the city police, arrived at the site too. Rafikov noticed the video camera and the voice recorder and ordered to turn them off. The journalists refused to obey and the Hokim threatened to use force. Having talked to the picketers, the Hokim agreed to provide the journalists with information and invited them to come to the Hokimiyat. After he left, the police continued to watch the journalists. When the latter turned their camera and voice recorder on, two people in plain clothes came up to them and, having produced their criminal investigator IDs, asked the journalists to produce their IDs and explain what they were working on. Yakhyayev said the investigators’ requests were unlawful and refused to comply with them. The two followed him as far as his office. When the journalists came to the Hokimiyat for the promised meeting with the Hokim, he limited himself to a private conversation with them and promised to hold a press conference and invite specialists from the Tashkent Institute of City Planning and heads of appropriate government agencies under the Hokimiyat. February 18 Gulasal Kamalova, Radio Ozodlik (Liberty) (Bukhara) On February 17, Gulasal Kamalova, correspondent with Radio Ozodlik (Liberty) in charge of Bukhara province, asked the city’s gas company to explain why natural gas supply to the Roofed Bazaar of Bukhara had been cut off. Nasriddin Tilavov, the company’s head, asked Kamalova to come to meet with him at 10 a.m. on February 18, but, when she came, he kept her waiting for an hour and then said he would speak to “next time.” February 20 Salima Rustamova (Ferghana) Salima Rustamova, correspondent with the program Akhborot of the TV and Radio Program of Ferghana Province, asked the province’s branch of the Ministry of Agriculture and Water Management for information on ground waters as well as surface and underground drainage systems in the province. Rustam Jumakhojayev, the department’s employee, said he could not provide her with such information. February 25 Andizhanskaya Pravda newspaper (Andizhan) On February 25, the newspaper Andizhanskaya Pravda published a letter entitled “How Many Dollars Do Labor Migrants Send Back Home?” received from M. Abdiyev. The letter was published in the column You Ask – We Answer. Abdiyev asked how much money Uzbek labor migrants working in Russia wire to Uzbekistan. The newspaper forwarded the question to appropriate government organizations, but the latter said the information was classified. February 25 Mutabar Tajibayeva, Matlyuba Azamatova, Bakhtyor Abdullayev (Rishtan district of Ferghana province) Freelance reporter Mutabar Tajibayeva, correspondent with the BBC Radio Matlyuba Azamatova, and lawyer Bakhtyor Abdullayev arrived in Ristan district to attend the trial Khusniddin Tursunov vs. Officers of Altiarik District Department of Internal Affairs. Tursunov accused the officers of unlawfully arresting and torturing him. The trial scheduled for 10 a.m. was postponed indefinitely. At 3 p.m., having waited for five hours, the journalists asked Judge Abdukadir Kadirkulov to explain the reasons for the delay, but he refused to say anything. February 21 Tukhtasin Khotamov (Ferghana) Tukhtasin Khotamov, correspondent with the program Akhborot of the TV and Radio Program of Ferghana Province, reached Toshtemir Toshirov, deputy head of the province’s public education department, for comments on the school #39 that needed putting in repair. Khotamov said he was working on a report about the school. Toshirov replied, “So what? There are many schools in need of repair in our province. Does it mean TV reports about it should be produced?” February 26 Gafurjan Yuldashev, Radio Ozodlik (Liberty) (Andizhan) On February 25, Odilbek Sultonov living in Andizhan was summoned to a police station where police captain O. Kyrgyzov made him write an explanatory memo and draw a floor plan of his house. The policemen took his fingerprints and told him to come to the police station every week. Sultonov asked why he was required to do it all. The policemen said he was suspected of membership in the religious movement Akromiylar. Gafurjan Yuldashev, correspondent with Radio Ozodlik (Liberty), met with captain Kyrgyzov, but the latter refused to provide him with any information about the incident. *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. 13. Violation of the Principle of Openness of Trials February 12 Abdukahhor Mannopov (Andizhan) Three journalists with the foreign media and a human rights defender were not allowed to attend the trial of 23 people accused of membership in the outlawed Islamic organization Akromiylar at the Criminal Court of Andizhan City on February 10. The guard pushed them out of the building saying they had been instructed by their command not to let in journalists and human rights defenders. Sharifjon Akhmedov and Gafurjan Yuldashev, correspondents with the BBC Radio and Radio Ozodlik (Liberty) accordingly, as well as human rights defender Lootfilla Shamsutdinov demanded a meeting with chair Abdukahhor Mannopov. The latter met with them and said that the fact that the trial was open did not mean they could attend it. *COMMENTARY* Under Article 10 of Uzbekistan’s Code of Civil Procedure, all courts are open except for those dealing with state and commercial secrets. The court may also try a case in camera to protect privacy and/or to ensure the secrecy of adoption and correspondence. Any citizen can attend an open court and make notes or record. Under Article 9 of Uzbekistan’s Law on Mass Media, “a journalist has the right to… use audio and video recording equipment to gather information and witness testimonies.” Under Article 5 of Uzbekistan’s Law on Protection of Journalists’ Professional Activities, “the journalists “in duty status” has the right to… gather, analyze and distribute information; ask public officials at government structures, self-governance bodies, public associations, businesses, institutions, and organizations for information; have access to documents, materials, and information that do not deal with secrets protected by the law; record, including lawful use of professional equipment; attend open courts…” *Closed courts are subject to all the rules of legal procedure. The court’s decision is always announced publicly.* 14. Unlawful Stoppage of Broadcasts February 10 REN TV (Bukhara) Late in January, the Bukhara-based non-government TV station Istiklol stopped re-broadcasting the Russian TV channel REN TV. It is reported that the station stopped re-broadcasting the channel because it had been banned by the Uzbek government. *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.” 15. Copyright Violation February 26 Channel 30 (Tashkent) On February 26, private TV station Channel 30 aired the Indian movie Bobby. It turned out that the movie had been copied from the broadcasts of the Russian channel RTR. To get rid of RTR’s logo, the station put black stripes at the top and bottom of the shots. In addition, certain “obscene” scenes as well as the second half of the final song were cut out. *COMMENTARY* Cutting out scenes and shorting the movie without the copyright holder’s authorization constitutes a copyright violation. Unfortunately, piracy flourishes in Uzbekistan. Uzbekistan is not a party to international agreements on copyrights and allied rights, which, however, does not mean that copyrighted products can be used without the copyright holder’s permission. If the latter sues, it may lead to serious repercussions. III. CONFLICTS. ACCUSATIONS AGAINST THE MEDIA 1. Insult Charges February 02 Nadira Samandarova, Khilola Ismatova (Navoi) On February 1, the Criminal Court of Karmana District in Navoi province chaired by Judge Nasriddin Daminov tried the case Oksana Abdullayeva, Secretary of the TV and Radio Company of Navoi Province vs. Nadira Samandarova and Khilola Ismatova, Journalists with TV and Company of Navoi Province. Abdullayeva had sued Samandarova and Ismatova under Article 41 of Uzbekistan’s Code of Administrative Liability for humiliating her. The judge closed the case for being insignificant and only issued a warning to Samandarova and Ismatova. *COMMENTARY* *Nadira Samandarova appealed to the Criminal Court of Navoi Province against this decision of the Criminal Court of Karmana District. She has not received a reply yet.* 2. Defamation Charges February 18 Tulkin Sidikov, Andizhonnoma, A’zam Kodirov, Andizhanskaya Pravda On February 16, the Inter-District Civil Court of Kurgontepa District of Andizhan Province chaired by Judge Akhmadillo Komilov tried the case Pulatjon Ismoilov, Former Chairman of Collective Farm Namuna in Kurgontepa District vs. Tulkin Sidikov, Journalist with Newspaper Andizhonnoma, A’zam Kodirov, Journalist with Newspaper Andizhanskaya Pravda. Ismoilov had sued the two for the article entitled “Talon Taroj Bulgan Sport Inshoati” (Exenterated Sports Facility), published by the newspaper Andizhonnoma on January 26. The article alleges that Ismailov had exenterated a hippodrome. “This is all false information, unproved facts,” says Ismailov. However, Sidikov and Kodirov maintain their article is based on accurate information. *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. Demands to Publish a Refutation February 21 Neftzavodmontaj, Farghona Khakikati (Ferghana) About 100 employees of Neftzavodmontaj Ltd demanded that the newspaper Farghona Khakikati publish a refutation the article “Suvni Loykalatayotgan Kim” (Who Troubles Waters) published on February 8. The employee’s letter said that all the facts about the company had not been analyzed in the context, that the writer had never talked to the company’s employees and never mentioned the unlawful deeds of the company’s former head, A. Yuldashev, who, specifically, had unlawfully used the plant’s seal. The newspaper, however, did not publish the refutation. The employees accused the writer of accepting a bribe. “Otherwise, the refutation would have been published already,” said Alisher Shermatov, the company’s new head. February 25 Ismail Ergashev, Darakchi (Tashkent) Ismail Ergashev, Aksakal (elder) of the village of Beshchashma in Chirakchi district of Kashkadaria province, filed a suit with the Mirabad Inter-District Civil Court in Tashkent against Uzbekistan’s most popular newspaper Darakchi for publishing an article entitled “Chirogi Yuk Chirokchi” (Chirokchi Without Light (play on words: Chirochchi is translated into English as “electricity bulb producer”)) on September 16, 2004. The plaintiff found the article false and defaming and sued for 1 million Uzbek soums (about $950) and a refutation. Proceedings have started. *COMMENTARY* The court should have returned the plaintiff’s claim, because the latter had not exercised his right to turn directly to the newspaper for a refutation first. Under Article 27 of Uzbekistan’s Law on Mass Media, both legal entities and individuals have the right to sue if the mass media outlet refuses to publish a refutation or delays publishing it beyond the period specified by the law. 4. Mass Media and Journalists’ Demands to Protect Their Civil and Professional Rights February 04 Gulasal Kamalova (Navoi) On February 4, the Inter-District Civil Court of Karmana in Navoi province disallowed Radio Liberty journalist Gulasal Kamalova’s claim against Gulom Sultanov, head of the TV and Radio Company of Navoi Province. Kamalova had sued for her seized diskette, information she had requested, and 999,999.99 Uzbek soums (about $950) in moral damages. On November 5, 2004, she had asked Sultanov for information about the dismissal of Nadira Samandarova, one of the company’s employees, but got her diskette seized and was taken away. Kamalova intends to appeal to a higher court. February 03 Obid Shabanov (Navoi) On February 2, Obid Shabanov, correspondent with Deutsche Welle in charge of Bukhara province, sued Utkir Kholov, chair of the Inter-District Civil Court of Karmana, for 999,900 Uzbek soums (about $950) in moral damages for not allowing him to attend an open court. Shabanov is represented by lawyer Bakhtiyor Shakhnazarov. On January 27, Shabanov was not allowed to attend the above-mentioned trial Gulasal Kamalova vs. Gulom Sultanov because he did not have a pass that the court itself had refused to issue. On February 21, the Civil Court of Navoi Province chaired by Judge Beruni Arashev tried Shabanov’s claim and disallowed it under Part 1 of Article 100 of Uzbekistan’s Code of Civil Procedure (Cases Beyond Court’s Jurisdiction). Z. Razzakova, Deputy Prosecutor of Navoi Province, also said the claim was disallowed because it was beyond the court’s jurisdiction. Shabanov and his lawyer are going to take an appeal. February 24 Mutabar Tajibayeva (Rishtan district of Ferghana provinces) Freelance correspondent Mutabar Tajibayeva sued Tojiddin Vakhobov, chair of the Criminal Court of Altiarik District, and the administration of the Altiarik district police for 10 million Uzbek soums (about $9,500) in moral damage and eight million Uzbek soums (about $7,700) in material damage. The plaintiff accuses Vakhobov and the district police administration of humiliating her and violating her constitutional rights. According to her, the administration of the district’s police had drawn up a false police report about her and Judge Vakhobov based his decision to impose an administrative punishment on Tajibayeva basing on this false report on November 11, 2003. Later, on February 2, 2004, the Criminal Court of Ferghana Province reversed Vakhobov’s judgment. *COMMENTARY* *The side that is not satisfied with the decision of the first instance court has the right to take an appeal within 10 days after it receives a copy of the court’s decision.* This monitoring is based on contributions from correspondents with the International Foundation for Protection of Speech “Adil Soz” (Almaty, Kazakhstan) Home Page

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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.