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March 2005
“Adil Soz” international freedom of speech protection foundation
Monitoring of freedom of speech’ violations in Uzbekistan in March, 2005
The monitoring has registered 46 messages in March. Twenty of them determine the actual situation of mass media in socio-legal and political atmosphere of month, 21 contain the information on direct infringements of mass media and journalists' rights and 5 of them are about the conflicts and accusations which have been put forward against mass media and the journalists.
I. FEATURES OF POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL CLIMATES, WHICH DETERMINE THE ACTUAL SITUATION OF MASS MEDIA IN THE COUNTRY.
1. Changes and changing projects of the current legislation
March10, Islam Karimov On the 5th of March the president of the Republic of Uzbekistan Islam Karimov has signed the regulation “About the strengthening of measures on struggle against the damages caused to crops”. In part 8 of the regulation Uzteleradiocompany (A. Kuchimov), National news agency of Uzbekistan (M. Khazratkulov) and other mass media are entrusted to supply “regular enlightenment of work on prevention and struggle against the damages caused to crops in agricultural cultures”.
March 31 Islam Karimov The president of Uzbekistan Islam Karimov has ratified the list of republic's enterprises and objects in the middle of March, which are subject to privatization in the coming two years. The appropriate regulation "About the program of taking off the government's control and privatization for 2005 -2006" (¹PP-29), and the appendix to it (with a complete list of objects, offered to sale) were published in a departmental weekly journal of State Property Committee "Chastnaya sobstvennost" (“Private property”) in March 24. According to the regulation government assets in more than 100 printing houses and polygraphic industrial complexes will be sold in 2005 - 2006.
2. Actions of the officials which determine the actual situation of mass media
March 01 The Karakalpak branch of "Asaka-bank" (Nukus) Since March 1 the account of the “Eurasia” international fund allocated for “Hyaal hem shanyrak” NGO ("The Woman and family") is frozen. According to the contract signed with "Eurasia" fund, "Hyaal hem shanyrak" NGO planned to make three documentary films about Gastarbayters' life in Russia and Kazakhstan with the subsequent display of these films on Karakalpak television. Shooting of tock-show on a theme of labour migration was also planned within the framework of the project . The participation of local authority representatives, Gastarbayters and mass media representatives was planned. However, the Karakalpak branch of "Asaka-bank" has frozen the NGO's account until "the special order". The local officials consider the project as "important for the decision of labour migration problems, especially through mass media", but no steps upon its progress have been made.
March 15 Ulash Nurmanov (Navoi) The chairman of Navoi regional administration on press Ulash Nurmanov was invited to the regional "Hokimiyat" (regional state division), where they have let him know, that his presence at seminars with participation of the senior lecturer of President's Academy of the Republic of Uzbekistan Mukimjon Kirgizbaev is undesirable. This interdiction is caused by Kirgizbaev's speech about problems of a civil society formation during the seminars with participation of the representatives of mass media.
March 25 Erkin Otaev (Urgench) Acting on a roundtable, devoted to the book-keeping and registration of non government noncommercial organizations, the representative of the Khorezm regional administrative department of justice Erkin Otaev has told: "about 150 NGOs work in our area. During the last years we refused none of them in registration, except for Erkin suz NGO ("Free word"). The journalists, who were going to open this organization, did not know what they wanted themselves. Their documents were not in order, the forgery of signatures was found out, and therefore we refused them in registration".
March 10 Shahzoda Pulatova (Ittifok village, Besharik area, Ferghana region). Shahzoda Pulatova, who has told the BBC radio correspondent about the death of her family members from typhoid fever, is subjected to prosecution by the workers of hokimiyat and department of internal affairs. The representatives of hokimiyat have declared her that the BBC radio distributes false information. They have warned Sh. Pulatova, that if she gives interview to BBC or other mass media about the relatives' death from typhoid fever once more, this will end up badly to her.
3. Estimation of the actual situation of mass media and freedom of speech
March 01 The Russian television channels (Navoi) In February, in a number of Uzbekistan's regions the screening of Russian television serial "Twins" ("the First channel") was interrupted, but the audience of Navoi, Zarafshan and Uchkuduk cities have seen the serial in a complete volume. It became possible thanks to the management of Navoi mining and smelting industrial complex, which has signed the direct contracts with telechannels. Now Russian population of the region engaged in mining and gold-mining industry, can freely watch five Russian channels.
March 01 The Erkin Karakalpakstan newspaper (Nukus) In T. Khudayberganov's "who does not recognize the journalist, or once again about the fourth authority" article, published in the Erkin Karakalpakstan (Free Karakalpakstan) newspaper, it is said: " we frequently are surprised, why many do not accept our brother - journalist. We are not only unaccepted, but even our newspapers are never read. Other officials hear about this or that edition for the first time and do not know which body of authority possesses the newspaper … to those officials, who avoid the journalists in every possible way , do not accept them, refuse in interview, this would be not bad to recollect, that the president has given large powers to the representatives of press. They should also learn the laws concerning mass media better. The journalist marks in his article: “I frequently hear that we don't have enough knowledge, the outlook, that it is still early for us to enter the global arena. Probably, there is a share of truth in it, and I think that the students of journalism faculty first of all need the legal knowledge, so that tomorrow they could stand for themselves”.
March 09 Natalya Bushueva (Andijan) In the Uzbek city of Andijan doctors practise «the simple radical method of contraception" - hysterectomy (removal of uterus). Gulbahor Turaeva, a pathologist from Andijan has addressed to Ozod ayol ("a free woman") non-governmental organization with such application. The correspondent of Deutsche Welle radio Natalya Bushueva decided to go to Andijan together with the representative of Ozod ayol organization and to carry out the journalistic investigation. During the record of interview with the pathologist Gulbahor Turaeva a man has entered the laboratory and showed National security service (NSS) ID. He was interested in what the journalist was doing here and whether she had the permission to record or not. According to those who have given the interview to Deutsche Welle , the NSS employees addressed to them with the requirement to tell nothing to the journalists, otherwise they threatened to announce them almost as the enemies of the people.
March 18 Ferghana.ru (Jizzak) M Ashurali-ugli and A. Nazarov's article named “It's all the press' fault” is published in the ferghana.ru site. ParticularlyI, it informed: “In the late evening of March 17 the authorities of Dzhizak region in Uzbekistan have carried out an urgent briefing for local and central mass media. The meeting lasted no more than 5 minutes. However, Hokim's (governor) assistant on agriculture Uktam Tursunov, holding the meeting, has addressed to press with the urgent offer to refrain from the publication of any materials connected with farmers' problem for some time”.
March 17 Bobokul Toshev (Ferghana) A training for the local journalists took place in Ferghana regional library within the “Freedom House” project framework. Participating as a trainer, the Tashkent State University teacher Bobokul Toshev has informed, that more than 10 thousand journalists are registered in Uzbekistan most of which prepare materials on neutral themes. He emphasized, that it is necessary to learn the boldness from western journalists and to cover really actual problems worrying the people. The head of a department in regional teleradiocompany in Ferghana Dilorom Rahimova has objected B. Toshev. She has declared, that foreign and independent journalists working in the country have nothing to lose, and for the employees of state mass media there is a threat, and consequently they can not prepare sharp articles actual for the situation. The distinctions of local and foreign mass media were also discussed in the seminar. It was also noticed that many journalists do not feel their responsibilities.
March 16 Human Rights Watch The 61st annual session of UN Commission on human rights started on March 14 in Geneva, in the palace of Nations. On March 10, on the eve of its opening, "Human Rights Watch" international organization on protecting human rights has appealed to UN urging to accept resolution condemning the situations of human rights and freedom of conscience in Uzbekistan. The government of Uzbekistan should accelerate the performance of UN's special reporter's recommendations on tortures, stop arrests and prosecutions of Muslims, dissenters. They should register independent groups and opposition parties and provide freedom to mass media. The official cancellation of censorship in May, 2002 has not resulted in observance of freedom of press. Prosecutions and arrests of the independent journalists continue to take place. The government of Uzbekistan should stop using the levers of pressure on mass media, such as registration, taxes, law against slander.
March 19 Toshpulat Rahmatullaev (Tashkent) In "And how is ours?" article, published in March 19 in Hurriyat newspaper (No11), the journalist - analyst Toshpulat Rahmatullaev names the following lacks peculiar to the Uzbek journalism: news sink in lyricism, facts and opinions are presented confusedly, the balance "for" and "against" is disregarded, the words of the journalist become the most important argument of the given fact, the norms of the Uzbek literal language are not observed.
March 19 Sergey Naumov, “tribune-uz.info”. A sarcastic article named "We shall not let Obid offend the official" is published on tribune-uz.info internet - site by Sergey Naumov, a journalist from Urgench. The article is dedicated to the judicial claim of Obid Shabanov, the journalist of Deutsche Welle radio to Utkir Holov, the chairman of Karmanin interregional court on civil affairs, Navoi region. In particular, S. Naumov writes: “The press considers itself as the fourth authority, ignoring interests of first three. Let's take the last case. Obid Shabanov from Bukhara has forgotten the answer to a question: “Who are the judges?” In particular, S. Naumov writes: "The press considers itself as the fourth authority, ignoring interests of first three. Let's take the last case. Obid Shabanov from Bukhara has forgotten the answer to a question: “Who are the judges?” for what he was kicked out from the conference hall. Nevertheless, he had the insolence to submit the application on judge to the court. He has shown to the enemies of honest people, how to work out the tactics of attack. The judge has shown the greatness of his soul, by relieving the most respectable public from presence of Deutsche Welle, German radiobroadcasting company's hireling. There was already a weird atmosphere of fear at that session and without his presence. All peaceful public of Navoi has shuddered by the appearance of Gulasal Kamalova. Chilling to the bones details were on everybody's lips. The enemy agent dexterously neutralized a strong security guard and tried to take the chairman of Navoi regional teleradiocompany Gulom Sultanov as a hostage. Only the heroic defense of the chief and a dozen of employees have made the enemy of Navoi's truth recede. Such small forces succeeded to grasp a trophy - diskette, confidential weapon of the American Radio Ozodlik. What a great martyr Mr. Gulom is: after heavy fights the sufferer has returned the pleasure of knowledge of historical achievements in economic complex of area to simple people again. You should understand the greatness of his feat, that he has protected the great future from the terminator in a skirt!"
March 24 Teleradiocompany of Karakalpakstan (Nukus) Teleradiocompany of Karakalpakstan is facing shortage in video equipment and means of transportation. Today it has only five analog video cameras, which are used in preparation of 15 television programs. The transportation is in an emergency condition. According to one of the operators' words, conversations on purchasing the equipment have not started yet. “We hope, that this will happen in 2006, when republican competition “Umid nihollari” will take place in Nukus”, - says the operator of teleradiocompany of Karakalpakstan who has asked to keep his name in secret. “Now we work in time-trouble, shooting several programs a day”, - he said.
March 26 Alexey Volosevich (Tashkent) “The Kirghiz revolt in a mirror of the Uzbek mass media” article was published in “freeuz.org” site by Alexey Volosevich. In particular, it is written: “Within several days a revolt broke out and finished in Kyrgyzstan, which resulted in overthrow of Askar Akaev's regime. The actions in this small republic were in the headlines of world’s leading mass media… All these days the messages of Uzbek TV and radio programs about the events in Kyrgyzstan were carefully read in some phrases, avoiding any generalizations and necessarily referring to neutral information agencies like “ITAR-TASS”. The largest newspapers of the republic have devoted nothing to the events in Kyrgyzstan, except for the text of MFA's official announcement made on Wednesday and Saturday. The only newspaper in the country, which took the liberty of telling about Kyrgyzstan two days in a row is the Tashkent weekly Zerkalo XXI magazine ("Mirror XXI"). After the publication of the second material a hail from the President’s office was received. But things seem to get better. In last releases of Ahborot informational television program detailed stories about actions in Kyrgyzstan began to occur. On Thursday, when the opposition took the governmental buildings in Bishkek, it became obvious that to ignore the happening is not only senseless, but also tendentious. Republican radio has informed about the revolution, and the CNN broadcast from Bishkek was shown on TV with detailed explanations of what was going on. Millions of people in Uzbekistan had the opportunity to watch, how the crowds of people with sticks run on the square, throw stones, then rush into governmental buildings. They saw how the regime falls, and the opposition celebrates the victory. This information burst is revolutionary for Uzbekistan. Only several weeks ago Mass media of the republic amicably “have not noticed” parliamentary elections in the neighboring Tajikistan and Kyrgyzstan. The majority of citizens of the country do not even know that the Kirghiz parliament of two-chambers became the parliament of one-chamber because of “awkwardness of structure”. It is the opposite of what is happening in Uzbekistan. Unofficial rule for the Uzbek mass media is: any elections on post soviet space should be covered only if the event is recognized to be fair. Otherwise - only some lines in the newspaper or phrases in the television. The reason of dislike of any conversations on dishonesty of the elections is not a secret. Any news on this theme inevitably will result in conversations that the elections in Uzbekistan were also dishonest. After, there will be an idea of demanding the reconsideration of elections. Directing the people of Uzbekistan to such ideas is prohibited. One of the Uzbek officials explained the importance of information blockade: “Velvet revolution is a political infection. God save us from it …”
4. Actions of the journalists and mass media on protecting the civil and professional rights
March 03 Yusuf Ibragimov, Pravda Vostoka (Khorezm region) The republican Pravda Vostoka newspaper correspondent in Khorezm Yusuf Ibragimov ran for the deputy of Legislative chamber of Oliy Majlis (Parliament). He made a complaint to the General prosecutor of the Republic of Uzbekistan about illegal election of his opponent - Rajabboy Ruzimatov, hokim's first assistant, Gurlenskiy district. As Yu. Ibragimov says, the members of the election committee have noted all bulletins in advance, as if R. Ruzimatov is actually elected. The voters only needed to drop them in the ballot-box. When Yu. Ibragimov wanted to learn about the results of voting, the militiamen did not let him in the district commission.
March 06 Terra-Group (Tashkent) TerraGroup media structure presented two new projects – TV Markaz television channel and “ZaminFM” radio station on March 5 in Tashkent. Except for these two mass media, the structure of the company includes RadioTerra radio station, BellaTerra magazine in Russian, Jannatmakon magazine in Uzbek and Baby Terra - both in Russian and Uzbek. It also has Delovoy partner.uz and Hamkor.uz newspapers. The TV Markaz musical-entertaining channel will work from 12.00 to 24.00 in Russian and Uzbek languages. Area of broadcasting is Tashkent city and Tashkent region. The distinguishing feature of the new ZaminFM radio station is that it will broadcast only in Uzbek language and will accent especially on eastern music. The basis will consist of information programs, broadcasts on sport events, art, morals, culture and the social sphere. If RadioTerra’s area of broadcasting is Tashkent and Tashkent region, ZaminFM radio station will broadcast all over the country.
March 17 Mu'tabar Tadjibaeva (Fergana) The independent journalist Mu'tabar Tadjibaeva made a request to all administrative bodies of Fergana region to take measures on the author of the article, who discredits her honor and dignity. As it is marked in the application, an article signed by a pseudonym of “Omon Burhon” appeared on “ńentrasia.ru” site and on other sites on 21st of February, in which M. Tadjibaeva is accused of levity and swindle. This clause was also dispatched to the remedial organizations of Uzbekistan.
March 31 The Internet editions The joint action of the independent internet editions telling about political life of Central Asia has started under “Against censorship in the Internet” motto. The “ferghana.ru”, uzland.info, centrasia.net, freeuz.org and tribune-uz.info websites have offered to make up the “black list” of internet service providers and internet cafes, which block the access to informational portals. A famous Uzbek journalist, manager of the tribune-uz.info internet edition Elparid Khodjaev has commented this initiative as “A desperate action”. His site is working for a year and three months and became popular already. Tribune-uz.info publishes own information and the articles rejected by the state newspapers, original articles of Uzbek journalists. About four hundred materials were published in 2005, significant part of which was blocked.
II. MASS MEDIA AND JOURNALISTS' RIGHTS VIOLATIONS
March 02 Bobohon Islamov (Shavat district, Khorezm region) On session of the regional Council of national deputies dedicated to results of 2004, Hokim of Shavat district Bobohon Islamov has forbidden the editor of Shavat istikboli newspaper to publish the “Nostradamus bashoratlari” (Predictions of Nostradamus) article of Sirojbek Abdullaev the 24th Lyceum’s schoolboy. “Stop this delirium immediately, - he shouted at the editor, - a 14 year old boy can not write such article. There must be someone who writes it for him!”
March 16 Yormamat Rustamov, STV broadcasting company (Samarkand) While watching the information program before release (All news programs on STV are recorded before broadcasting) chiefs of the company Bahodir Sharapov and Azam Salohitdinov ordered to remove the correspondent of the “Habarlar” program Yormamat Rustamov from the teleplot. The plot was dedicated to preparation for celebrating Navruz in Samarkand, but the people spoke about the absence of money and constant job in unjoyful mood in interview. According to the journalist, after he has stated the disagreement, the management ordered to cut out the whole plot. Rustamov does not want to tell about it, as he is afraid of pressure from the management of company.
March 16 Aliboy Ergashev, Nemat Saidaliev (Jizzak region) The Hurriyat newspaper has published “That's the way things are in Jizzak” article, where the journalist Aliboy Ergashev has written about the threats stated to him by the local officials. After the newspaper has published his “It turns out that we need indications from above” article, the chairman of Jizzak regional journalists' union and the chief of the regional press centre Nemat Saidaliev has invited the journalist and said: “Why did you write such an article? You have dishonored our region. Why do you visit oil bases so frequently?! I have a lot of information about you. Write a refutation immediately. Otherwise we shall criticize you”.
March 27 Mutabar Tadjibaeva (Margilan) The independent journalist Mutabar Tadjibaeva has given an interview to the Radio Ozodlik correspondent on the phone, in which she has expressed her attitude to the events in Kyrgyzstan. The radio correspondent has asked to use her telephone to interview other citizens on the given question. But some minutes later both of her home telephone numbers stopped working. According to M. Tadjibaeva she has paid for telephone services in advance, however her telephones did not work for two days.
March 30 Suhrob Rafikov (Samarkand) The journalist Soleh Yahyaev has made a request to the hokimiyat of Samarkand to receive information about private apartment houses' demolition in Sharof Rashidov street due to the reconstruction of the city park. He wanted to know how the emptied areas would be used. The Hokim of the region Suhrob Rafikov, at the presence of his assistants and journalist Toshpulat Rahmatullaev has declared in menacing tone that Yahyaev should not worry about the given problem. At the end Hokim hinted, that he knows the journalist's relatives very well.
COMMENT Freedom of search, reception and distribution of the information is guaranteed by the Constitution of the Republic of Uzbekistan, by Laws of the Republic “About mass media” and “About protection of journalist's professional activity”. According to the article 5 of Law of the Republic of Uzbekistan “About principles and guarantees of information freedom” the basic principles of information freedom are openness, publicity, general availability and reliability. According to the article 14 of the Law of the Republic of Uzbekistan “About protection of journalist's professional activity” the officials of state structures, institutions of local governing, public associations, enterprises, establishments and organizations are responsible for violation of journalists' rights on inquiry and reception of the necessary information, pressuring, intervention in professional activity and illegal requisitioning of materials and necessary means of the journalist. If the specified facts concerning the guiltiness of officials are confirmed, disciplinary measures should be applied according to article 181 of Labor code of the Republic of Uzbekistan. The journalist also has the right to appeal against actions of the official to a superior body or in the judicial order according to the article 269 Code of Civil Procedure of the Republic of Uzbekistan.
3. Unreasonable refusal in granting access to socially important information
March 02 Zarubezhneftegaz closed joint-stock company (Nukus) The journalists Alyona Aminova and Tatyana Klimova (“Mir novostey” and “Pravda Vostoka”), intending to prepare a material about Zarubezhneftegaz closed joint-stock company's activity, have requested for information to Azat Abdimajitov, the administrative director. The regional representative has readdressed the journalists to Yuri Skok, the general director of Zarubezhneftegaz. The correspondents have tried to contact with him through reception. However after several phone calls the secretary has refused to connect them with Yu. Skok and informed that the general director “does not support the idea of meeting”, and has advised to address to Abdimajitov again. But he told that to give interviews is not his responsibility, having added, that the general director will hardly give interview in the near future. The office of this joint-stock company opened in Nukus some months ago, but the information about it still remains closed.
March 05 Khabibullo Olimjonov (Fergana). A citizen Uktam Dustbabaev has addressed to editors of Hurriyat newspaper, disagreeing with the decision of Fergana regional court on confiscation of his “Tico” automobile. The special correspondent of Hurriyat newspaper Khabibullo Olimjonov decided that the decision of court is unreasonable and has arrived in Fergana for journalistic investigation. He waited for four hours expecting to meet the administration of Fergana regional civil court. However, management of the court did not receive the journalist.
March 05 Tulkin Karaev (Karshi) On the 4th of March Yakkabag regional court on criminal cases held the process on Jamoliddin Artikov's case. The court has sentenced him to a 10-day administrative arrest. The judge Turdimurat Umrzakov presided over process. The audience and witnesses were not allowed to the court. The events of his case took place on February 6, 2005 when the representatives of RayGaz (regional gas services) have disconnected the submission of gas to “Madaniyat” village in a collective farm named after Ulash Mirzaev. J. Artikov, Birlik opposition party member - Asadulla Artikov’s son, prevented the disconnection of village's gas pipeline in winter time. He was accused of sedition and beating up the workers of RayGaz. The journalist of IWPR Tulkin Karaev, who carried out the investigation of the given incident was refused in reception by the chief of Yakkabag regional department of internal affairs Tura Zubaydullaev and his assistant Jasur Shodmanov. The reason was not explained.
March 10 Soleh Yahyaev (Samarkand) A note “How to look after footwear” was published in the Sugdiyona newspaper on January 6, 2005, the original of which was published two years ago in Saodat magazine with the signature of Tamara Khummatova. The journalist Soleh Yahyaev has noticed a reprint of materials from the old editions without the indication of sources and author also in the other editions of this newspaper. He addressed to Nigora Gafurova, the main editor of the newspaper for explanations, but she refused to comment.
March, 12 "Post factum" program, Karakalpak TV (Nukus) Planning to prepare a plot about Khodjalijsk district’s achievements, the film making group of "Post factum" program has addressed to regional hokimiyat with a request to assist in carrying out the shootings. However, the hokim’s assistant Saparbay Sabirov refused in conversation with journalists, referring to Davlatnazar Sultanov - the hokim’s absence, who should give a written permission. It is not the only case when the local journalists are refused in realization of shootings or in trips with the purpose of gathering materials for future articles.
March 17 Matlyuba Azamatova (Fergana) The BBC radio correspondent Matlyuba Azamatova has addressed to the deputy chief of Fergana regional state department on extreme situations Erkin Yuldashev with a request to give data on prevention of midstream threat expected in the area. E. Yuldashev has declared that he cannot give any data to mass media without the permission of the head of department.
March 16 Matlyuba Azamatova, Dilmurod Tashbaev (Fergana region) Journalist Matlyuba Azamatova and operator Dilmurod Tashbaev went to Damkul dam for a plot preparation about climatic changes in Fergana region. But the worker of Fergana regional department of rural and water economy, who has not identified himself, refused to give any information about the dam.
March 18 Sharifjon Ahmedov (Andijan region) The BBC radio correspondent Sharifjon Ahmedov went to Pahtaabad district in Andijan region, which borders with Kyrgizstan’s Jalalabad region. The aim was to prepare a report about Department on Extreme Situations experts' works on elimination of flooding danger in nearby villages. Department on Extreme Situations' managers refused to the correspondent's request, referring that it is a scrupulous theme as the construction of protective dams is conducted in the territory of neighboring country. Then the correspondent has addressed to regional hokimiyat. But the hokim's assistant Rahmonjon Bahriddinov also couldn't tell anything essential about the arisen danger and measures on preventing it.
March 19 Matlyuba Azamatova, Dilmurod Tashbaev, Adham Mukhitdinov (Fergana region) A journalist Matlyuba Azamatova, operator Dilmurod Tashbaev and legal assistant Adham Mukhitdinov have arrived in "Ittifok" village of Besharik district to prepare a plot about the spreading of abdominal typhus in Fergana region. The medical assistant of ambulance station Iftihor Tursunov has declared, that he is not authorized to give any information, and has advised to address to the head physician. Journalists have addressed to Umminiso Yunusova, the head physician for data on the preventive work which is carried out in the aims of preventng the distribution of disease in the village. However, she has declared that she will not give any data, and asked the journalists to leave.
March 24 Salima Rustamova, Tajimuhammad Madrahimov (Fergana region) The “Ahborot” program correspondent of Fergana regional broadcasting company Salima Rustamova and the operator Tajimuhammad Madrahimov went to Rishtan district to prepare a plot about unemployment. They have addressed to the heads of Rishtan spinning enterprise. Unwilling to identify himself, the chief of the enterprise has declared that he cannot give information on the given theme. The hokim of the district Odiljon Gafurov has told the journalists, that it is not necessary to cover the problem of unemployment on TV.
COMMENT The article 29 of the Constitution of the Republic of Uzbekistan guarantees the right to search, receive and distribute the information to everyone. According to article 8 of the Law of the Republic of Uzbekistan "About principles and guarantees of information freedom" the government protects everyone's rights to search, receive, research, distribute, use and store the information. Restriction of the rights on the information due to gender, race, nationality, language, religion, a social origin, belief, personal and social standing is not allowed . Government bodies and departments, self-government institutions, public associations and other non-government noncommercial organizations and their officials are obliged to provide each citizen with an access to the information concerning their rights, freedom and legitimate interests, to create accessible information resources, to carry out mass information supply among the users on affairs of freedom, rights and duties of citizens, their safety and other affairs representing public interest. Otherwise, they are responsible according to article 43 of administrative responsibility code of the Republic of Uzbekistan, which provides penalizing the officials from one to three minimal salaries. Journalists should address to court with the application in order to do it. They can refer to the article 4 of the Law of the Republic of Uzbekistan "About the appealing of actions and decisions violating the rights and freedom of citizens to the court".
4. Infringement of judicial sessions' publicity principle
March 17 Nadira Samandarova (Navoi) The Journalist Nadira Samandarova went to Navoi regional court on criminal affairs to prepare an article on “Avtoyultaminot” Open Company's chairman Sadriddin Nasriddinov’s case, who was accused of bribe reception in the amount of 6 thousand US dollars. The presiding judge Rustam Arzyev has not admitted N. Samandarova to the judicial session, without explaining the reason. The court has passed behind the closed doors.
March 10 Tulkin Karaev, IWPR, Khamrakul Karshiev, radio "Svoboda", Yadgar Turlibekov, legal assistant Judicial consideration of the Kashkadaryaneftegazstroy joint-stock company’s former employees Rano Rahimkulova and Tamara Rahmankulova's claim was appointed to 10 o'clock in the morning in Karshi interdistrict court. They think that their positions have been reduced illegally and the joint-stock company is obliged to restore their former place of work and to pay indemnification for mental cruelty. Process began at 12.30 in the afternoon. Chairman Urak Sabirov has listened to opinions of the sides on necessity of participation of journalists. After 30 minutes the judge has made negative decision, explaining that the presence of journalists can negatively affect on impartiality of claim's consideration. U.Sabirov called the security guards and ordered to remove the legal assistant and journalists from the hall.
COMMENT Article 10 of the Government Remedial Code of the Republic of Uzbekistan has established the publicity of proceeding in all courts, except for cases when it contradicts the interests of state and trade secrets. The closed proceeding is also allowed by motivated definition of court with aim of preventing the disclosure of private life data of persons participating in case, and also maintenance of adoption secret and secret of correspondence. It means that any citizen has the right to attend and make corresponding records in all open judicial sessions. According to article 9 of the Law of the Republic of Uzbekistan “About mass media”, “the employee of edition has the right … to use audio and video equipment in gathering facts, a testimony evidence”. In article 5 of the Law of the Republic of Uzbekistan “About protection of journalist's professional activity” it is established, that «During the realization of professional work the journalist has rights to collect, analyze and distribute information; To address to the government bodies, self-government institutions, public associations, the enterprises, establishments and the organizations to receive information; to get access to documents, materials and information, except for the ones that contain the data of state or other secrets protected by the law; to make notes according to established rules, including the use of necessary technical means; to attend public sessions of court … ». The cases in the closed session of court are conducted with all rules' observance of legal proceedings. The decision of court is announced publicly in all cases.
March 28 Matlyuba Azamatova The BBC radio program broadcast on wave 1062 was interrupted on March 28 in the Fergana valley . The journalist Matlyuba Azamatova explains that this happened because of her material about prostitution in the Fergana valley. “The materials about attitude of the people of Uzbekistan to political life changes in Kyrgyzstan and increasing number of women engaged in prostitution should have sounded this day. However, the transfer has been stopped after the world news, for unknown reasons”, - the journalist said.
COMMENT In the above-stated case the requirements of the article 67 of the Constitution of the Republic of Uzbekistan, namely the right of citizens on free information reception is broken. The similar rules forbidding censorship are included to the article 4 of Laws of the Republic of Uzbekistan "About principles and guarantees of information freedom", "About mass media" and "About protection of journalist's professional activity". Named article of the above mentioned laws contains the identical text: "nobody has the rights to demand the preliminary agreement on publishing messages or materials, and also to require the change of texts or their complete removal from print (broadcast)".
March 17 Umida Khasanova Sugdiyona newspaper (Samarkand) The main editor's assistant of Sugdiyona newspaper Umida Khasanova has addressed to the director of "Osiyo times" publishing house V. Mihaylov with the official report about infringement of her copyrights by Nigora Gafurova, the main editor of Sugdiyona newspaper. In the 7th number of Sugdiyona newspaper of February 17, 2005 U. Khasanova's essay "conflict brought to murder or a shot at dawn", written on judicial process materials and her article "My dad brought an action against me", prepared on the basis of the reader's letter were published. The surname of the author was not put under these materials . U. Khasanova has also specified other methods of pressure on her by the main editor in the official report. She demanded to place the official information on her authorship and to pay the fees for the specified materials from the management.
COMMENT According to articles 17, 18, 19 and 22 of the Law of the Republic of Uzbekistan "About the copyright and allied rights" the author of creative product has the personal non-property and property rights to his work. This means, he has the right to be recognized as the author of product, right to demand such a recognition at any kind of use of his product (right of authorship), right on author's name, on inviolability of product, right on protection, and also the right on compensation at use of his product by other persons. The personal non-property rights are inalienable. The property rights of the author are adjusted by the appropriate author contract in case of his product's usage by other persons. If someone uses products without the consent of the author, as in our case, the author has the right to demand the restoration of his violated rights. The author has the right to demand the compensation of all losses and missed benefit on court.
March 09 Hilola Ismatova (Navoi) The claim of Navoi teleradiocompany’s chairman Gulom Sultanov to the journalist Khilola Ismatova was considered in Karmanin interregional court on civil affairs. The judge Nasiba Sharipova has satisfied the statement of claim of the teleradiocompany's chief and made a decision, obliging Kh. Ismatova to pay a fine in the amount of 29 thousand soumes ($28). The basis for this decision was a theft of “Sharp” dictophone, which was used by the journalist in a building of teleradiocompany. According to Kh. Ismatova, she spoke to Gulom Sulatanov repeatedly about this theft, however he has not involved the employees of law-enforcement bodies to this case. The official carried out the investigation himself and having accused Kh. Ismatova of irresponsibility, submitted to court on her. On February 7 the editor of regional radio Khilola Ismatova was fired "by her own will" under the pressure of the teleradiocompany's chief G. Sultanov.
March 05 Mansur Aslanov (Navoi) Chairman's Assistant of Navoi regional Teleradiocompany Mansur Aslanov was fired by the chief of teleradiocompany - Gulom Sultanov's and teleradiocompany's request. According to the statement of M. Aslanov, the reason of his release was the refusal to sign the documents, which promoted dismissal of the employees. Within two months the Teleradiocompany has forced three journalists to leave "by their own will". Among them are Khilola Ismatova and Mansur Aslanov. The chief of teleradiocompany Gulom Sultonov keeps pressuring on the journalist Nadir Samandarov. The letter of M. Aslanov addressed to the chairman of Republican Teleradiocompany Abdusaid Kuchimov about illegal actions of Sultanov remained with no answer.
March 16 Shuhrat Sadinov, Darakchi plus newspaper (Samarkand) Director of "Osiyo times" Publishing House Valeriy Mihaylov has unexpectedly declared to the main editor of Darakchi plus newspaper Shuhrat Sadinov that he is fired beginning from April 1, 2005. This decision was preceded by a fortnight stay of Sh. Sadinov at a seminar organized by Kalmar institute on professional skills improvement of the journalists FOJO (Sweden). The staff department of publishing house counted his absence as truancy. Then, the journalist's computer and office were taken away. As Sh. Sadinov has told, all this occurs with the publishing house's director's knowledge. The journalist thinks that the reason for such actions became his intention to transfer the Darakchi newspaper from a Day jest format (90 percents of its materials consists of entertaining materials reprints in the Internet) to a level of socially - public edition. The headings "The World and Uzbekistan", "Neighbours" (about mutual relations of the republic with other Central Asian countries), regular illumination of such internal problems, as struggle with corruption, deterioration of ecology in Aral sea, self-burning of women, prostitution, unemployment were planned.
COMMENT The worker can be involved in compensation of property, in case if he has signed the acceptance act about granting of any material assets to him. In a case with Kh. Ismatova it was found out, that she did not sign such an act and the dictophone was stolen in a building of Teleradiocompany on what the journalist has informed of the company's officials on time. When there are similar incidents, it is necessary to inform law-enforcement bodies in the obligatory order. They are authorized to carry out the appropriate operative - investigation actions on the occurred fact. Kh. Ismatova has the right to appeal against the decision of court. It is possible to dismiss the main editor of mass media, as well as any other worker, only on the bases and in the order established by the Law of the Republic of Uzbekistan "About labour". The list of the bases of dismissal given in the law, is irrefragable and is not subject to expansion by the employer. Any compulsion of the employee by the employer to write the application about leaving the post is illegal.
III CONFLICTS. THE ACCUSATIONS BROUGHT AGAINST MASS MEDIA AND THE JOURNALISTS
2. Requirements of honour, dignity and business reputation protection, which follows from the fact of the certain information publications
March 16 Sanobar Baymuradova (Karshi) The Karshi interregional court on civil affairs considers the "Bibiniso" private company's claim in Karshi city against Kashkadarya regional Teleradiocompany. The sum of the claim makes more than 4 million soums ($3700). The interests of the claimant are represented by the chief of the private company Muhabbat Hakberdieva. The respondents are represented by the administration of Teleradiocompany and journalist Sanobar Baymuradova. The essence of the claim consists in the following. In the morning of September 24, 2004 "Assalom Kashkadarya" program showed a 10-minute plot about parking places in Karshi city. The facts of illegal activity of the parking places' workers, who take money from the owners of motor vehicles in the streets of city for the sake of profit were shown. Thus the parking places do not meet the necessary requirements and block the streets. The parking place before the central commercial market "Yubileyniy", belonging to the "Bibiniso" company was given as an example. The given plot was prepared for the Kashkadarya TV by Sanobar Baymuradova, who has noted, that the parking place is not legal. Plaintiff insists that no car has entered the parking place within 56 days after the display of a plot by TV, therefore the company has suffered material and mental damage.
COMMENT At infringement of the personal non-property rights, such as honour, dignity and business reputation, there comes a civil-law responsibility according to the article 27 of the Law of the Republic of Uzbekistan «About mass media" the article 100 of the government code of the Republic of Uzbekistan. For this purpose the following conditions should be present simultaneously: - If the publication contains only information, instead of opinion, beliefs or estimated judgments; - If this information is doubtful, or in other words, if they do not correspond to reality; - If they discredit honour, dignity or business reputation of the claimant from the point of view of observance of the laws and moral principles of a society by him. If there is no even one of these conditions, the civil-law responsibility does not come. According to the article 27 of the Law of the Republic of Uzbekistan "About mass media" the person, who thinks that the published material of mass media contains not appropriate, doubtful information, has the right to demand the publication of a refutation. In default, evasion of mass media from the publication of a refutation, citizen or the legal person has the right to address with the claim to court.
March 01 Baltabay Bekmetov, Erpulat Baht (Khorezm region) The poet and journalist, chief of the Shavat region's Centre of education and spirituality Baltabay Bekmetov has handed the editor of the republican Hukuk newspaper a letter on behalf of the residents, where the correspondent of the Khorezm region Erpulat Baht is accused in slander. The letter informs, that E. Baht's "Scribble against scribble" article was prepared by the order of the officials and has slandered the doctor Yusuf Hasanov "Let him appologize personally in front of people of Shavat", - is written in the letter. E. Baht denies the accusations in his address: "I have prepared this article, based on the documents. If Yu. Khasanov or anyone else considers me guilty, let them advance the claim, I am ready to answer on the court".
COMMENT The honour, dignity and business reputation, according to articles 99 and 100 of the Civil Mode of the Republic of Uzbekistan refer to a category of the personal non-property rights, such rights, which inherently can belong only to a concrete person. And only this citizen has the right to demand protection in case of their infringement.
March 16 Gulasal Kamalova (Navoi) On March 15, the appeal board of Navoi regional court on civil affairs has refused to G. Kamalova in satisfaction of the claim having left in force the decision of Karmanin interregional court on civil affairs. Let's remind that on February 4 Karmanin interregional court on civil affairs in Navoi region made decision, according to which the journalist of Radio Ozodlik Gulasal Kamalova was refused in satisfaction of the claim to the chairman of Navoi Teleradiocompany. Plaintiff demanded the returning of the illegally taken away diskette, granting of the information about dismissal of the employee of Teleradiocompany Nodira Samandarova, compensation of moral damage in the amount of 999.999,99 soumes (approximately $ 950).
COMMENT According to article 7,9 of the Law "About principles and guarantees of information freedom" the answer to oral inquiry should be given as immediate as possible. In case of impossibility of granting the required information on time, the addressed person will receive a notice on a delay. The delay in granting the required information should not exceed two months from the date of inquiring the submission. The notice on delay is directed to the person who has addressed for the information, to a week term from the date of reception of inquiry. The refusal in granting the information can be appealed in the court.
March 31 Obid Shabanov (Navoi) On March 22 the appeal board of Navoi regional court on civil affairs, having considered the private complaint of Obid Shabanov, refused in its satisfaction. The following fact was the reason of proceedings: Deutsche Welle radio correspondent Obid Shabanov has arrived in Karmanin interregional court on civil affairs on January 27 to attend an open judicial session under the claim of the Radio Ozodlik correspondent in Bukhara region Gulasal Kamalova to the chairman of Navoi Teleradiocompany Gulom Sultanov. However before the beginning of session the presiding judge Utkir Kholov, having called the militiaman, throwed Obid Shabanov out from the hall of court, explaining it by the absence of correspondent's laissez-passer to the building. And on February 2 O. Shabanov was not let in the territory of court. On February 21 the first session of court under presidency of the judge Beruniy Arashev was held. He made the decision about termination of the given case. The claim of O. Shabanov concerned the chairman of court as the official, who has broken the rights and legal interests of the citizens. Both court of the first instance, and appeal board have defined, that the claim is not subject to consideration in court, as the judge has the right to inviolability and his attraction to the court is not stipulated by the Law.
COMMENT The claims of mass media and journalists on protection of their civil and professional rights are not wide-spread today. Unfortunately, in the given case the legislation does not provide an opportunity to attract the judge to the civil-law responsibility for infringement of remedial norms. However, in such cases it is possible to address with the appropriate application to disciplinary board of regional court.
The monitoring is prepared from the "Adil Soz" international freedom of speech protection fund correspondents' messages (Almaty, Kazakhstan)
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