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April 2005
International Fund for freedom of speech “Adil soz”
Freedom of speech violation monitoring in Uzbekistan, in April, 2005In April monitoring has registered 58 messages. Among which 34 messages define the actual situation of Mass Communication Media (MCM) in the light of social, legal and political sphere during the month, 21 of them contain information about direct violation of MCM and journalists’ rights, 3 are about conflicts and accusations, put forward against MCM and journalists.
I. PECULARITIES OF POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL SITUATION IN THE COUTNRY, CHARACTERIZING THE ACTUAL POSITION OF MASS COMMUNICATION MEDIA
1. Public speeches, declarations of executive officials, defining the actual position of MCM
April 15 Alisher Sharafutdinov (Tashkent) At the Ministry of Internal Affairs (MIA) of Uzbekistan, a meeting with journalists took place, who appealed to Zakir Almatov, the Minister of Internal affairs of the Republic of Uzbekistan, with an open letter regarding the supposedly coming repressions against them. A number of articles on this topic were published on web-site “centrasia.ru”.
On behalf of MIA of the republic this information was disproved the Deputy Minister Alisher Sharafutdinov. “The information about the existence of some kind of secret orders or lists for planned repressions is pure nonsense- he declared- there was, nothing, and will not be. The main task of the MIA is fighting the criminality. The plans we are making are only for the purpose of crime prevention, and not to bring to criminal responsibility certain people. The journalists, who made this appeal, should not worry. As we don’t have any planed intentions against them.”
A. Sharafutdinov promised to make MIA activities more transparent for the independent MCM and invited journalists for further discussions and constructive cooperation.
April 15 Alisher Sharafutdinov (Tashkent) During the meeting with journalists at the MIA of the Republic of Uzbekistan, the Deputy Minister Alisher Sharafutdinov informed that on April, 11th a young journalist Sabirjan Yakubov, from the independent newspaper “Hurriyat” was arrested. He was an Alisher Navoi scholar and a candidate for presidential scholarship. On 14th of April a suit was filed against S. Yakubov on article 159 of the criminal code –“the infringement on constitutional regime of Uzbekistan” A. Sharafutdinov informed that at the moment S. Yakubov is in jail at the GUVD of the Tashkent city, the investigation is in process.
2. Changes, amendments, additions and future modifications of the legislation currently in force.
April 10 Islam Karimov (Tashkent) The President of the Republic of Uzbekistan Islam Karimov has signed a decree on “Program for realization of purposes and aims of democratization and renewal of the society, country reformation and modernization”. According to the President’s plans reformation and modernization of the country will be held in 5 directions, including the sphere of further democratization of MCM activities. The concept of reform realization in the priority direction -the sphere of MCM, is divided into 5 sections. That is: further liberalization of the legislative base for MCM activity; perfection of regulatory mechanism in the sphere of MCM in accordance with international standards, organizational, structural and economical reforms in the sphere of MCM, improvement of cooperation mechanism between the MCM and governmental bodies, perfection of specialist training and retraining in the sphere of MCM.
3. Actions of the officials, defining the actual position of MCM
April 3 Guzal Boltayeva, Mekhribon Bekiyevoy (Khorezm region) The heads of School #36 of Urgench district, Khorezm region somehow found out that the author of the article “Repair of schools is done at the expense of pupils in Khorezm”, published on 17th of March, under the pseudonym “Nuriya Madaminova” on the web-site www.uznews.net, was Guzal Boltayeva, who participated in 2 months seminar “Floating school of journalism” taking place in Urgench in 2003. They started to put pressure on her, firstly by firing her sister Dildora Boltayeva, working as Information technologies teacher and as a private tutor of English language. The head of teaching department in school #36 said to scholars: “Don’t go to this tutor. She is –public enemy”. After the dismissal of her sister and threats from school management Guzal Boltayeva turned to radio correspondents “Ozodlik” (“Freedom”) and of the web-site “uznews.net” Mekhribon Bekiyevoy. For the purpose of research, journalists have visited school #36 of Urgench district, Khorezm region. After this school administration said that if any of this material will be published, then her aunt, G. Boltayeva who works in the same school, will also be fired.
April 6 Kenesbay Karimov (Nukus) Since the beginning of April the circulation of Russian newspaper Vesti Karakalpakstan (News of Karakalpakstan), issued twice a week, has been reduced significantly. The newspaper is a tool of Jokargi Kenesa (Supreme Soviet) and Council of Ministers of Karakalpakstan. The chairman of Jokargi Kenesa committee of publications, MCM and public institutions Kenesbay Karimov reassured editorial board that “government of the Republic will do everything possible, in order to improve the situation and to support one of the oldest publications in Uzbekistan”. Only on the end of March, circulation of the publication exceeded 1500 copies, however the issue of 2nd of April had only 975 copies. Second quarter of the previous year was more promising- circulation equaled to 1500, including private subscription and from juridical persons. Today, though, main subscribers are organizations and companies of the Republic.
April 11 Maryash Turdimuratova (Nukus) The Minster of Health Protection of the Republic of Karakalpakstan, Mar'yash Turdimuratova, turned to the editors of the following newspapers Vesti Karakalpakstana, Erkin Karakalpakstan (Free Karakalpakstan) and Karakalpakstan jaslari (The youth of Karakalpakstan), with a request to confirm that articles of medical workers and staff of the Ministry of Health Protection were actually published. She was told that the evidence of this is the publications of it in the newspaper itself. However the Minister continued with a request to give her a letter in triplicate, signed by the editorial officials. But to issue these letters the newspapers refused.
April 12 Ganijon Abdurahimov (Andijan) Public prosecutor of Andijan Ganijon Abdurahimov sent a reply to the group of citizens, whose relatives are accused in belonging to unofficial religious association “Akromiya”. In his letter he says that the investigation of facts, stated in the letter, was undertaken. The authors requested certain measures to be taken with regard to the journalists of newspaper “Andijonnoma”. Charges against them did not confirm. It is also explained, in the reply, that according to article 27 of the legislation of RU “About Mass Communication Media”, authors have the right to appeal to the editorial board of the newspaper.
April 14, Alisher Khodjayev, Abdusaid Kuchimov (Tashkent) Instead of Abdusaid Kuchimov the Chairman of the tele -Radio Company of Uzbekistan was appointed Alisher Kuchimov. The last two year he was working as a Deputy of the General Director of uzbek communication and informatization agency, according to some sources, he used to work with the National Security Service. This appointment may be the evidence of the necessity for more control over powerful instruments of ideological mass influence, and at the same time, can testify about the ever-present want to establish order at the tele-radio companies, as many claim, bribery is prospering, the use of position for selfish purposes. Upon the completion of his eight years work as the Chairman, Abdusaid Kuchimov, came back to his previous position- to manage government radio broadcasting of the country as the Deputy Chairman of Uzteleradiocompany.
April 22 D. Nazarmuhamedova, Galima Buharbayeva (Tashkent) Journalist and representative of the London War and Peace Institute in Uzbekistan Galima Buharbayeva on 16th of February turned to the Minister in Internal Affairs, to Zakir Almatov with a request to investigate the fact that she was insulted by an unknown group of young people. They organized a protest in the center of Tashkent, with accurately made poster, with offensive words in her address, and concerning other remedies. Evidently that these people were hired by someone, as they had no idea who was Galima Buharbayeva or what she was doing. She suspected the structures of the Ministry of Internal Affairs to be involved in the organization of this event. However, Head quarters of MIA declared that they have nothing to do with organization of insulting picket in address of Galima Buharbayeva and informed that an investigation of this fact has started. “We would like to inform you that workers of State department of Internal Affairs (GUVD) have no relation to this fact. Actions are taken with regard to this, and in case of receiving a confirmative evidence you will be informed accordingly”, - says the letter, signed by the Deputy Minster of Criminal Investigation Department and combat of terrorism, GUVD of Tashkent, D. Nazarmuhamedov. The response from GUVD was long awaited, but according to G. Buharbayeva still is a good sign. “I want to believe in the sincerity of GUVD, - she said- and I hope, that this incident will be fully investigated and will never happen again.”
April 23 Khakim Goyibnazarov (Fergana) The Head of Fergana region Department of Internal Affairs Khakim Goyibnazarov asked BBC radio correspondent Matluba Azamatova to inform militia about her travel. “We are responsible for your security. If something happens to, we would not want militia to be responsible for it” – said the Head of UVD. Same type of request was put forward to independent journalists Mu’tabar Tadjibayeva.
April 24 Khakim Goibnazarov (Fergana) BBC Radio reporter Matluba Azamatova went to the Head of Fergana region UVD Khokim Goibnazarov with a request to comment on the published on internet materials by Safar Abdullayev regarding a supposedly planned repressions against journalists and remedies, in particular, against independent journalist Mutabar Tadjibayeva. Chief of regional militia noticed, that materials published online are not trustworthy. According to his opinion, this was done by ex-militia employees, discredited themselves at the workplaces. “We know and respect Mu’tabar Tadjibayeva and moreover, we are aware that she was proposed for the world Nobel Prize. We will not allow any kind of illegal actions from militia with respect to her”, - pointed out Khakim Goibnazarov.
4. Assessment of the actual situation in MCM and freedom of speech
April 2 Andijonnoma (Andijan news) In Andijonnoma newspaper an article “Akromiya: purpose and essence” was published by political correspondent Fahriddin Ataugli and Muhammad Sherhan. Authors of the article tried to analyze activity of the religious group “Akromiya”, which became highly popular after foreign media shed light on the legal procedures of 23 Andijan citizens, who were considered to be members of this alignment. As author claim, ideology of this so –called “akromids” begins from the principles of “Hizb –ut-Tahrir”, followers of both teachings has its purpose to destroy the existing constitutional regime and create Khalifat. This article, in essence, is the first attempt to inform local press about the activities of the activities of religious group Akromiya, established in Andijan city, in early 90s of the last century. The legal process on 23 members of this group is lasting more than 2 months now. Group consists of prospective entrepreneurs and popular craftsmen. Relatives of the accused are sure that these people by no means are related to extremists groups and their aim is to contribute to Uzbekistan’s; development by creating new workplaces.
April 6 Arslan Kasimov On the web-site Ozod ovoz (Free voice) Arslan Kasimov’s article was published “Printed MCM of Uzbekistan: calming pills for the people?”. Author, in particular, writes: “Specificity of eastern political structure of the country and its economic development created special conditions for MCM functioning in Uzbekistan. Present government likes to boast that in 1990, shortly before the Soviet Union collapse, there were 412 MCM operating in Uzbekistan, and right now there are -964, that is the increase comprised 554 or 2.33 times. However, let us explore this fact more closely, in order to understand the tendency of MCM development in Uzbekistan. So, out of the mentioned number 63.0% comprise newspapers, where 13.3%- are the republic- scale editions, 32.4%- region- scale and 36.3% municipal and district. In other words, more attention goes to municipal and district MCM, which are closer to people You may judge for yourself: 50.3% of newspapers are established by governmental bodies and organizations (Ministries, concerns, associations, unions, and committees), and by territorial form of government (khokimiyats). 18.7% are established by public structures. At the moment one time issue of newspapers equals to 32.3% of the 1990 volume, taking into account that the number of newspapers was twice lower 14 years ago than right now… The only demand is observed on the market for “yellow” press, which is of entertaining character. Within the conditions of strict control over press, the only and more or less accessible information, not censored, is Internet”.
April 7 ozoduzbekistan.com One of the most popular site of Central Asia Ozod Uzbekistan (www.ozoduzbekistan.com) was exposed to severed virus attack, after which is being renewed in the last days. The number of hacker attacks on independent web-site has significantly increased in the last months. In such a way, the most popular Central Asian web site «www.centrasia.org» has experienced a series of intense attacks not long ago. In the past similar attacks happened to famous uzbek site Ozod Ovoz (www.ozodovoz.org), which for long time since then tried to recover materials, destroyed by special services.
April 7 The Institution for strategic and regional research (Andijan) Specialists of the Institution for strategic and regional research under the President of Uzbekistan conducted a meeting with MCM local representatives in Andijan. In the course of the meeting “strategists” were asking journalists’ questions regarding present problems and their activities, as well as how to make local press stimulate resonance among the readers and officials. Guests from the capital were particularly interested in what people felt about events in Kyrgyzstan. As journalists pointed out, after this type of meetings, no real improvement in material and technical bases of provincial press is expected. It is believed, that not many young journalists would like to work in official MCM. That is why an average age of journalist in local press is above 50 years.
April 7 Siyrat newspaper (Andijan) On the 7th of April the first issue of spiritual- enlightening Siyrat newspaper. Which is an addition to the regional Andijonnoma newspaper (Andijan new”), printed on A3 format, on 8 pages. Circulation of this first edition equaled to 1600 copies. As readers are informed, the new newspaper declared it’s priorities to be: to familiarize large mass of people with the words of great philosophers of Islam, to educate youth in the spirit of patriotism and with respect to the traditions of forefathers. Along with this, journalists of the new edition think it’s their duty to fight against religions extremism and international terrorism.
April 8 Andijanskaya pravda (The truth of Andijan) In the regional newspaper “Andijanskaya pravda” information related to recent events in neighboring Kyrgyzstan has been published. It informs that with regard to disturbances in Osh, which is next to Andijan, the main custom post “Dustlik” has been temporarily closed. Boundary regime has been reinforced, on the road Andijan-Osh, new checkpoints have been established. And as publication mentioned, taxi drivers are taking advantage of that. Before, it was only 600 som to go by “Tiko”, whereas now you’d need to pay 1500som. Way back costs the same. As also mentioned in the article, drivers refer to the fact that they also need to pay whey going through the checkpoints. This publication becomes first, though indirect message in local press on what was going on in Kyrgyzstan and the situation on Uzbek-Kyrgyz border.
April 16 Arena website Article of Sirodj Ergashev has been published on arena site. “Officials of Uzbekistan are not afraid of the protests events, but of its publicity in MCM”. He writes: “The act of self-immolation of pensioner Irina Petrovna Alekseyeva, brought to desperation by government official, disturbed them. She was delivered to the hospital with third degree burn, where she is still unconscious. Doctors say if her condition doesn’t; improve in the nearest future, the wont; be any hope for her recovery. This non-ordinary event should have put on guard those, who in spite of everything gave an order to destroy gales of people next to their houses. Not long after the tragedy officials of the region came to the site of occurrence, only to control that the case will be presented, as if Irina Petrovna herself is guilty in this tragedy. With this instructions in mind local militia almost forcing people of House #25 to testify this fact. On Thursday, militia started to investigate another interesting fact. How the information regarding her self-immolation could be published on one of the most popular uzbek sites so fast. Interrogation was done in a determined way, they tried to find out who of all the house residents had computers at home with internet connection.” In other words, militia obviously by municipal or region khakimiyat’s order tried to track the source, which made public self-immolation attempt publicly known. According to new evidence, workers of prokuratura are also working on this issue. Whereas both of them should be investigating the circumstance, that led to self-immolation”- concluded the author
April 20 Sabirdjan Yakubov (Washington DC, USA) Administration of USA demanded of Uzbekistan officials to provide an honest and humane treatment with arrested Uzbek journalist Sabirdjan Yakubov. “We are aware that on 11th of April Yakubov was convicted in anti -constitutional activity, - says the press service of State Department of USA. – Our embassy in Uzbekistan, is in contact with uzbek officials and urged them to ensure the proper juridical process and to be humane treatment with Yakubov”. Press service of State Department of USA reminds that “in the past journalists have been persecuted by the Uzbek Government, which tried to limit publications of critical materials”. “We will be closely observing this case”, - it is emphasized in the message of Foreign Policy Department of USA.
April 20 Renaissance NGO (Nukus) Participants of round table, held in Nukus, on the subject of “Women against violence”, among them there were representatives of parties and movements, legal bodies, MCM and NGO, who noticed that republican press pays little attention to the problem of domestic violence. “More often materials about woman, being a mother, keeper of hearth, but nothing about victims of violence”, - said representatives from women non-governmental organizations. Only two-three years ago, one could read actual articles on this subject in uzbek press, and now their number is insignificant.
April 23 Saidjahon Zaynobuddinov On the web site Musulmon Uzbekiston an article of independent journalists from Andijan, Saidjahon Zaynobuddinov was published, “Akromiya: what is it in reality, whether the stubbornness of government official”. This material was written in response to the article “Akromiya: purpose and essence”, published in Andijonnoma newspaper on 2nd of April of the current year. S. Zaynobuddinov notes that there are several directions of religious extremist movement “Akromiya”- that its founder was Akram Yuldashev, from Andijan. He argues that, all 23 convicted in reality are just entrepreneurs and have nothing to do with the religious movement.
April 27 Kudrat Babadjanov, Sid Yanishev On uznews.net web-site, an article “Journalists are future targets for killers?” was published by Kudrat Babadjanov and Sid Yanishev. It says: “Shadowing the active journalists has increased throughout the whole Uzbekistan and now it become even more open. Lately, uzbek journalists as well as their relatives, neighbors and even their children are noticing a closer watch from law-enforcement bodies”. Otherwise how can be explained the fact that for almost several weeks representative director of IWPR in Uzbekistan Galima Buharbayeva every day, by her home and office, notices same silver “Matiz”
April 29 Freedom House International organization Freedom House on 27th of April has published annual review of freedom of press in the world, 2005. Out of the list of 194 countries, Uzbekistan takes 184th place, and among 27 countries of Central and Eastern Europe region and former USSR we are on 25th place.
5. Actions of MCM and journalists on protection of their civic and professional rights.
April 4 Pen International (USA) American department (PEN USA - www.penusa.org) of international writers’ association (PEN INTERNATIONAL - http://www.internationalpen.org.uk/), a full member of which is independent uzbek journalist Ruslan Sharipov, has started term less campaign for protection of writers and journalists in Uzbekistan, who were arrested in different parts of the independent republic. PEN USA at the moment puts pressure on uzbek official with a request to free honorable members of organization immediately – Yusuf Ruzimuradov, Mamadali Mahmudov and Muhammad Bekjanov, who were arrested in August, 1999 and convicted to different terms of liberty deprivation (from 8 to 15yrs), for working in forbidden in the republic newspaper “Erk”. PEN USA is deeply worried for health and condition of journalists and writers in uzbek prisons, in light of constant reports about tortures there. PEN USA in its appeal to President Karimov government, in particular, declared: “We view journalists’ imprisonment as a breach of article 19 of International UN Declaration on human rights, which gives right to uzbek people to freely express their opinion by means of any type of MCM. We urge you immediately and unconditionally free journalists and writers. And hope that in the future the government of Uzbekistan will not infringe freedom rights of citizens of Uzbekistan”. April 8 Printed government MCM of Karakalpakstan (Nukus) Editors of 10 printed editions of Karakalpakstan intend to turn to Jokargi Kenesa of Karakalpakstan with a request to assist them in signing campaign, which lasts year round in the republic. They are also about to create control committee to check organizations and companies in the republic. As they found out, managers of organizations use funds, allocated for support of local press, to subscribe for Russian newspapers and magazines, while in receipts it says they are subscribed to receive Karakalpakstan press. Printing agency and MCM of the Republic of Karakalpakstan promised to assist local editions, subscription to which reduced sharply in the second quarter.
April 12 ñentrasia.ru On centrasia.ru website series of articles by Safar Abduallayev has been published “Plan of government repressions for 2005-2007years”, about the supposedly planned repressions against famous journalists and law defenders in Uzbekistan. In regard with this some journalists, whose names were mentioned in the article, wrote an open letter to the minister of Internal Affairs of the country Zakir Almatov, in order to find out the validity of facts presented by Abdullayev. “These articles state that at the end of February, MIA under your personal supervision worked out repression plan against politically active citizens.” According to these articles, repression will affect a number of active journalists as well, working in Uzbekistan, - says the letter. - In these lists we found our names and surnames. For each one of us a certain punishment plan was development, for someone it was to be arrested and convicted, for others compulsory treatment and the rest would have to leave the country. All these wicked measured were to be undertaken by the end of 25th of August of the current year. We address our concerns to you, being the head of law-enforcement department of the country, with a request to answer our questions: whether this plan exists and government is planning something against politically active citizens, and journalists? We would like to hear from You, the Minister of Internal Affairs, to a publicly announce the falseness of this fact. We wan to hear that creation of democratic republic is not an empty sound. That journalists who faithfully do their job, should not feel insecure. Your silence, however, will only indicate the validity of Safar Abdullayev’s articles and will be a signal to us that our lives and health are in real danger.
April 18 Sabirdjan Yakubov (Tashkent) On 14th of April against journalists of independent Khurriyat newspaper (“Freedom”) Sabirdjan Yakubov a criminal case was commenced, by the article 159 of the Criminal code of RU -“the infringement on constitutional regime of Uzbekistan”. His colleges and journalists of other publications are confident in his innocents, while accusations were made up. Initiative group has published appeal to the journalists of Uzbekistan. It says: “On April 18th, committee for journalists’ rights protection” (USA), organization “Reporters without borders” (France) and by other public organizations of foreign countries, letters of protest were sent to the government of Uzbekistan. Meanwhile, foreign colleagues were truly indignant by arrest of Sabirdjan Yakubov, local journalists remained silent”. At the moment “thepetitionsite.com” site is collecting signatures under the petition to be addressed to the President of Uzbekistan with a request to free the journalist. Anyone willing to leave his signature can visit this web-site http://www.thepetitionsite.com/takeaction/291000507 and follow the instructions. The process won’t take longer than 30 seconds. Your signature will appear on the site in a few minutes.
April 19 Committee to Protect Journalists’ rights (New York, USA) On 18th of April Committee to Protect Journalists with its head quarters in New York, issued urgent press release on the case of uzbek journalist of Khurriyat newspaper, arrested on 11th of April, 2005, Sabirdjan Yakubov. Committee seriously criticized uzbek officials for constantly persecuting independent journalists, certifying that Uzbekistan remains the leader among European and Central Asian countries, by the number of journalists imprisoned. “We are deeply concerned about our colleague. If Sabirdjan Yakubov was arrested for religious and political beliefs, he should be immediately released” – said the chief executive of Committee to Protect Journalists Ann Cuper. Committee to Protect Journalists noticed that for the past two years two journalists from “Khurriyat” newspaper have been arrested and accused in anti constitutional activity. In February, 2003, after a series of critical materials, Gayrat Mehlibayev, “Khurriyat” reporter, was condemned to 7 years of imprisonment.
April 20 Reporters without borders (Paris, France) On 18th of April, international journalists’ organization Reporters without borders criticized arrest of Sabirdjan Yakubov, uzbek journalist. He was accused in anti constitutional activity and connection to extremist organization. “We regret that journalist is accused, without valid evidence, in belonging to extremist organization, who was simply doing his professional duty. His accusation, for reporting information, which was unwanted by the uzbek official, will be referred to pure tyranny from the government”- declared Reporters without borders. “According to national legislation, Sabirdjan Yakubov can be convicted to 3-15 years of imprisonment, however due to arrest of a group of people relating to his case, Sabirdjan may have 20 year sentence”- as press release of Reporters without borders informs, referring to uzbek journalist Ruslan Sharipov, who presently lives in proscription, in USA. “Khurriyat” newspaper staff was surprised with the arrest of a young journalist, describing him as rather moderate in approach to Muslim philosophy. Sabirdjan Yakubov specialized in this particular field. “It is surprising that journalist, who wrote many articles on the threats of Islam fundamentalism, is now accused of being part of extremist group” – said uzbek colleague Alimar Donanayev to Reporters without borders. – if he indeed would be given a long term sentence, all journalists will start protest events and demonstrations in response to his arrest”.
April 20 Internet sites Joint action of editorial boards of leading uzbek web sites, including freeuz.org, against censorship in Internet is continued. Users, who don’t have access to this site, continue to send letters of complaints, which are published on http://www.shamelist.ru site, which was recently blocked by certain providers.
April 24 International Press Institute (Vienna, Austria) One of oldest global journalists organizations- International Press Institute (http://www.freemedia.at/), established in 1950, with the main office in Austria, - publicly criticized Uzbek officials with regard to another arrest of journalist in Uzbekistan. Johan Fritz, the Director of the International Institute, expressed his serious worries regarding the arrest of Sabirdjan Yakubov and the overall situation of journalists in Uzbekistan. “Ambiguous accusations will allow uzbek government to convict other independent journalists in a similar way, which will suppress independent and critical MCM. International Press Institute argues that every citizen has the right to search, receive and spread information or ideas through MCM in accordance with article 19 of Universal Human Rights Declaration, - said he. – I am very concerned with the fact, that Uzbek government, in its fight against terrorism tries to silent uzbek critical voices, instead of helping them to be heard ”.
April 27 Committee to Protect Journalists (New York, USA) On 26th of April Committee to Protect Journalists (http://www.cpj.org/) issued press release regarding the independence Uzbek journalists Ulugbek Haydarov. “We criticize this cruel aggression against our colleague Ulugbek Haydarov and urge uzbek officials to find and punish, those guilty”, - Ann Cuper, Executive Director of Committee to Protect Journalists, said the day before in New York “Attack occurred at the same time with the growing anxiety among independent journalists in Uzbekistan, who were concerned with the coming government actions again press. Officials declared that there was no reason to worry,”- writes Committee in its press release.
April 27 Reporters without borders (Paris, France) In its appeal to the Minister of Internal Affairs of Uzbekistan Zokir Almatov on 26th of April, international organization Reporters without borders (www.rsf.org) said, that they were shocked by the brutal beatings of journalist, Ulugbek Haydarov, on the night of 23rd of April. “This violent attack is nothing by direct violence of press freedom in Uzbekistan, - says the appeal. – We urge uzbek officials to start transparent, exhaustive and independent investigation immediately, so that the criminal responsible for this attack will be punished along with the organizers. It is important that this impunity will not spread throughout the region”.
April 28 Organization to protect journalists’ rights and freedom in Uzbekistan Organization to protect journalists’ rights and freedom in Uzbekistan turned to international communities, embassies, and diplomatic corps in Uzbekistan. “In Uzbekistan after the Kyrgyz events, pressure and movements against journalists have started. Namely, after publications on one of the Safar Abdullayev’s sites regarding planned repressions from the government , a number of shadowing, beating and moral pressure on journalists is observed”, - says the appeal. Specific facts are given below. It is said that: “Journalists, mentioned in the “black” list, say they are constantly being observed by unknown. Moreover, information about their private and public life is gathered from neighbors, friends and relatives, video and photo records are made once in a while. In a closed state like Uzbekistan, where there is no freedom of press and humane rights are not practiced, it is very hard to tell how exactly the structure observes the journalists. Any uzbek journalist can become a victim of violence and injustice. Organization to protect journalists’ rights and freedom in Uzbekistan, considering from the present situation there, urges all international organizations to protect journalists, who are in the “black” list.
II. VIOLATION OF MCM AND JOURNALISTS’ RIGHTS
1. Violation of constitutional guarantees for freedom and work
April 29 Mustahkham Tangriyerova, F. Usmonov (Samarkand) Mustahkham Tangriyerova, journalists of uzbek BBC radio, arrived in Samarqand court, where the case of Ilkhom Kadirov was being reviewed. He was accused in breaking state frontier. In spite of the fact, that the process was open, presiding judge F. Usmonov prohibited her to prepare the report before the sentence pronouncement.
April 27 Hamid Abdurahimov (Fergana) Chairman of Fergana regional tele-radio company, Hamid Abdurahimov did not permit the political observer Salima Rustamova to make a video report about the workers of “Shursuvtogkime” plant, who went on hunger-strike. “These workers are against government. Office of Public Prosecutor is responsible for working on this, thus regional TV preferably should not get involved in this case”, -said H. Abdurahimov.
April 23 Salima Rustamova (Fergana) In her interview with “Ozodlik” radio, Salima Rustamova, a reporter from Fergana regional tele -radio company, complained about the fact that she was not allowed to cover the hunger strike event on the local television. After the interview, the journalist was called in Fergana regional National Security Service (SNB), where she was told not contact foreign reports, and not to spread any information happening in the region.
COMMENTARY Freedom of search, acquisition and spread of information is guaranteed by the Constitution of RU, Laws of RU “About Mass Media” and “About journalists professional work protection”. According to art. 5 of RU Law “About the principles and guarantees of information freedom”, main principles of freedom of information are openness and publicity, accessibility and validity. In accordance with art. 13 of the Law of RU “About journalists professional work protection” government officials, autonomous bodies, public organizations will be responsible for violating journalists’ rights to inquire and receive the necessary information, for putting pressure, interference in their professional work and illegal withdrawal of materials as well as necessary technical facilities of the journalist. Upon the confirmation of the violation of these facts, officials responsible should be punished in accordance with art.181 of the Labour Code of RU. Also actions of government officials that breach rights of citizens can be appealed juridical according to art. 269 GPK RU. However, in the case of judge F. Usmonov appeal will have to be in a different form, as judge has right for personal immunity. Mustahkhan Tangriyeva can appeal to the qualified chamber of judges.
2. Attacks on journalists
April 6 Mu’tabar Tadjibayeva, Pulat Abdurazakov (Rishtan region Fergana) Citizens of Rishtan region were unsatisfied with activities of inter district civil court, so they held a protest. One of a sudden, to Mu’tabar Tadjibayeva, and independent journalist, who was peacefully observing, two women came and started to beat her. Pulat Abdurazakov, the head of Rishtan regional militia rushed to help the journalist and was also beaten by unknown, who later were brought to a militia post. Women were Nazokat Abdurahimova and Ozoda Muhiddinova, they said that a well-dressed man promised 10ths som each for beating up M. Tadjibayeva.
April 25 Ulugbek Haydarov (Djizak) On evening of 23 April an unknown man attacked an independent journalist, chairmen of remedial society “Ezgulik” Ulugbek Haydarov. Journalist was hospitalized with “clavicle fracture and many injures”. U. Haydarov said the following on what has happened: “First I was kicked in the face. Then I fell down and they started to beat me, saying “I will show you how to write”. As journalists think, this attack is directly related to his journalist’s activities, in particular, with his series of critical articles about the khokim of Djizak district, senator Ubaydulla Yamankulov, published on the website fergana.ru. “I have my own connections in the regional khokimiyat. I was told he doesn’t like what I do and khokim workers advised me not to write anything for at least 2 months. It’s very difficult for the journalists, who write and say truth in Djizak”, - said U. Haydarov. Interesting fact: correspondents’ name is mentioned in that “black list” available online, the existence of which was denied by MIA. Investigation has started with regard to Ulugbek Haydarov case, by the workers of Internal Affairs Department in Djizak.
COMMENTARY Actions of attackers form a crime against individual. Depending on the severity of the consequences these actions are classified in accordance with articles of Criminal Code of R.3. Unjustified arrests of journalists
April 13 Mu’tabar Tadjibayeva, Djahangir Fahriddinov (Tashkent) Independent journalist Mu’tabar Tadjibayeva, on her way from Fergana region to Tashkent on a taxi, was stopped by militia in Kuyluk district. According to M. Tadjibayeva, she asked them to show identity cards. After searching her, lieutenant of militia of Bektemir OVD Djahangir Fahriddinov, informed his colleagues that this “women is going from Kyrgyzstan to Uzbekistan in order to set off an explosion” and told to bring her to Department of Internal Affairs (OVD).
COMMENTARY Militia actions are illegal and violate constitutional rights of the citizens for freedom. Journalist did not do anything against the law, and also there is no evidence to even suspect her in committing crime. In art.221 UPK RU 4 response for arresting the person are described: 1) person caught while committing crime or right after its accomplishment; 2) witnesses directly testify that he has committed the crime; 3) he, his clothes, or in his house, instruments of crime will be found; 4) there is enough evidence to suspect the person, or if he/she tries to escape, or doesn’t; have permanent residents or if his/her identity is unknown. From the above written reasons, it is evident that militia had no right to arrest the journalist.
4. Journalist insult
April 15 Mu’tabar Tadjibayeva, Feruza Valiyeva (Fergana) During last meeting of association of lawyers in Fergana, head of law agency “Legal Aid” Feruza Valiyeva urged her colleagues not to cooperate with independent journalist Mu’tabar Tadjibayeva. “Mu’tabar Tadjibayeva is not well, she is registered in Kuvasay psycho neurological hospital. Due to this, it would not be wise to cooperate with her”, - said F. Valiyeva.
COMMENTARY The spread of invalid information, negatively affecting person’s reputation, is an administratively punished deed. According to art. 40 KoAO RU Mu’tabar Tadjibayeva for rights protection can appeal to court.
5. Threats towards journalists April 25 Mu’tabar Tadjibayeva (Fergana) Independent journalist Mu’tabar Tadjibayeva, was on the Radio Ozodlik and told about the oppressions from MIA workers. She said how she was arrested on her way to Tashkent and literally forced to go back to Fergana. “I met with high-ranking officials from MIA (MVD) and I was made clear, that if I won’t be silent, something bad will happen”, - said in her conversation M. Tadjibayeva.
COMMENTARY According to art. 112 Criminal code of RU the threat of being killed or injured is a penal action. M. Tadjibayeva should appeal to legal bodies. This is required by the legislation.
6. Groundless refusal to give information important for public
April 7 Gulasal Kamalova, Radio Ozodlik (Bukhara) On 7th of April in Bukhara regional court, the criminal case of Appeal meeting was about to take place. The case of 3 citizens of Bukhara region, accused according to article #224 of Criminal Cod of RU (religious extremism, separatism, and fundamentalism). However, the meeting did not come about. The reasons for this were not disclosed to the Radio Ozodlik correspondent Gulasal Kamalova. One of the court workers did not say her name, rudely pushed away the dictaphone of the journalist. Lawyers and relatives of the accused believe, that hearing of the case is suspended, due to the same reason as on 31st of March, because the Radio Ozodlik reporter was there.
April 20 Informative –analytical Gender equality bulletin (Nukus) Journalists, working on the project of “Overcoming gender stereotypes”, during April month repeatedly asked law-enforcement bodies of Karakalpakstan to give them necessary statistics with regard to victims of domestic violence, and cases of women suicides, for publishing this information in their Gender equality bulletin. However, neither MIA nor anyone else was willing to give them this information. This data became close during the past few months, - journalists of governmental and independent publications believe. – Before you could obtain it even in the local women committee”. Press representatives explain this fact, by government’s unwillingness to reveal facts, pointing to the existence of gender equality problem.
April 28 Inera Safargaliyeva (Tashkent) Inera Safargaliyeva, colleague from the center of extreme journalism, called the press secretary of the Minister for Foreign Affairs of Uzbekistan Ilkhom Zakirov, with regard to the recent refusal to accredit UPI agency reporter Marina Kozlova. “I officially refused to accredit her, there is nothing to add, - said I. Zakirov. – Why are you calling and asking me? Only MIA and UPI are involved. We already gave our answer to UPI”. On her objections he said: “You are working unofficially, and I don’t have give you any information”
COMMENTARY Art. 29 guarantees everyone the right to search, receive and spread information of interest. According to art.8 of the RU Law “About principles and guarantees of freedom of information” government protects the rights of every citizen to search, receive, examine, spread, use and store information. Gender, race, nationality, language spoken, religion, social background, beliefs, personal and public status do not affect the rights for information. Government officials, self-government bodies, public organizations and other non governmental non for profit organizations and their officials, must in the established order to provide every citizen with the right to be familiarized with the information regarding his/her rights, freedom, legal interests, to ensure the availability of accessible informational resources, to provide informational supply to mass, with regard to their rights, freedom, responsibilities, and their security as well as many other issues, being of public interest. Otherwise, according to art. 43 of Code of Administrative responsibility of RU, officials responsible will be fined at the rate of 1 to 3 minimal wages. However, to make this happen journalists must make an appeal to court. They can refer to art.4 of the Law of RU “Appeals to court of actions and decisions that violate right and freedom of citizens”
7. Unjustified suspension of foreign TV channels’ broadcasting April 12 NTV, STS, Rossiya, Ren-TV (Bukhara) On 12th of April in Bukhara the transmission of Russia TV channels NTV, STS, Rossiya, Ren-TV transmission was stopped. These channels were broadcasted by non government companies in Bukhara Koinot and Istiqlol. At the moment bukhara audience can view only “Perviy kanal” (“First channel”), which is broadcasted by the regional tele-radio company. According to sources from non government TV channel, which preferred not to name itself, this situation observed only in Bukhara region. There is evidence that one of the cable Tashkent TV channels acquired license to broadcast the Russian channels, and now a contract has to be made in order to retransmit the channels and pay a lot of money for this. Beshim Rajabov, a worker of communication inspection in Bukhara region, confirmed that there was an order from the top to suspend the transmission of Russian channels. However, who gave this order is still unknown and he didn’t explain. Meanwhile, in the neighboring Navoi region, almost all 5 russian channels are freely broadcasted.
COMMENTARY The right to broadcast foreign channels should be formalized in the form of contract. However, in many cases transmission of russian channels by non government TV companies of Uzbekistan is done without making contracts, which is the breach of owners’ property rights.
8. Groundless suspension of radio programs transmission
April 12 BBC radio (Fergana valley) On 12th of April transmission of daily program of uzbek BBC corporation at the frequency of 66,71m VHF did not take place. This situation was observed in regions of Fergana valley. The short wave transmission of this program was also blocked by noise waves.
COMMENTARY Suspension and damping of radio waves is illegal and direct violation of constitutional right of citizens to access information. This is a violation of international norms for using radio waves, to which the Republic of Uzbekistan has joined, and therefore must fulfill obligations undertaken. Art, 14 of the Law of RU “About principles and guarantees of freedom of information” states, that limitation in access to information is allowed for the purposes of creating system to resist informational spread, aimed at deformation of national self-conciseness, separation of society from historical and national tradition and customs, destabilization of political situation, disturbance of international agreement. At the moment this, in some experts’ opinion, not democratic norm is functioning in Uzbekistan. Although information, broadcasted via radio stations, falls under the art.12 of the constitution of RU, according to which public life in the country is developed on the bases of diversity of political institutions, ideologies and opinions. If radio station broadcasted not valid information, then interested party has the right for refutation, and in case of refusal to appeal to court.
9. Refusal to accredit journalists
April 28 Marina Kozlova, Informational agency UPI (Tashkent) The Ministry for Foreign Affairs of Uzbekistan refused to accredit an American reporter of UPI agency, Marina Kozlova. As press secretary of MIA, Ilkhom Zakirov, stated the reason for refusal was the fact that she does not have journalistic education. M. Kozlova is a professional costume designer.
COMMENTARY According to art. 11 of the Law of RU “About the protection of journalist activities” a foreign journalist can be accredited on the territory of the Republic of Uzbekistan with a consent of MIA RU. However, the refusal in Marina’s case is has no grounds, as she was proposed by foreign informational agency, thus her educational background plays no role. Also Uzbekistan has signed many international documents, which according to present Constitution and legislation of the country, have more power over the laws of Uzbekistan. It must be noticed that absence of definition for “independent journalist” in the uzbek legislation, negatively affects the rights of people, engaged in journalistic activities, without having special education. Amendments must be included in the present legislation of the country.
10. Limited access to web-sites
April 6 Internet site cafsheech.kz (Nukus) Since the beginning of April Intal Telecom and Uzscinet providers have blocked the www.cafsheech.kz site. When attempting to open the site, “page cannot be displayed” sign appears, no result gives an attempt to open the site through search engines rambler, mail, yahoo. Since April a number of articles on the site«uznews.net» have also been blocked. In particular, articles like “Fergana prostitutes beat up the head of militia” and “Journalists from the “black list” wrote a letter to Almatov”.
April 19 Internet site cafspeech.kz Since the beginning of April uzbek ISPs blocked the access to the «ñafspeech.kz» site, where hot news and monitoring results of MCM and journalists’ rights violations in Kazakhstan, Kyrgyzstan, Tajikistan and Uzbekistan, are being published
COMMENTARY Access to information is guaranteed by the Constitution and Laws of RU in the art.4-6 “About the principles and guarantees of freedom of information”, where it is stated that in accordance with Constitution of RU, everyone has the right to search, receive, explore, spread, use and store information. The access to information can be limited only in accordance with the law and for the purposes of rights and freedom protection of a person, constitutional regime, moral values of the society, spiritual, cultural and education potential, and to ensure security in the country. In Uzbekistan under the pretext of rights and freedom protection, principle of free access to information is violated. Art. 14 of Law of RU “About the principle and guarantees of freedom of information” states that limitation in access to information is allowed for the purposes of creating system to resist informational spread, aimed at destabilization of political situation. When blocking particular site due to this reason, the fact of its informational content must be proved to be of destabilizing nature. In other words, internet providers, who block certain sites, are violating contractual agreements for providing information to users as internet service is supplied on a payment bases. Users have the right to turn to court rights restoration.
11. Violation of author’s rights
April 8 Andijanskaya pravda (The truth of Andijan) In the newspaper of regional khokimiyat, Andijanskaya pravda, under the section of “Letters to editors” a letter from O.Pulina was published. Here is an abstract: “Myself, being a worker at AO Andijangidromash which included Andijan machine-building plant, I was glad to see the publication of an article “At work, as on the battlefield”, in your newspaper dated 5th of April. It talks about the contribution of the plant to the victory over fascist Germany. However, when I read this article, “written by” Shuhrat Abdullayev, to my surprise I recognized extracts used in taken, were taken from Grigoriy Presman’s book “So that the lights don’t go off”, issued in 1984 in Voronej. This book in its time was displayed in the museum of machinery plant, and one copy of this book I have in my own library. As there were no referenced to the real author of this book, I think that the editors and the journalist himself should present their apologies”.
April 15 Bahtiyar Mahmudov, “Horazm yoshlari” (“Youth of Khorezm”) (Urgench) On 15th of April editor of “Horazm yoshlari” newspaper Pulat Ermatov, during the compilation of 7th edition changed the name and surname of the author of “Salomatning kechinmalari” (“Worries of Salomat”) article, Bahtiyar Mahmudov to “M. Bahtiyarov”. Author was against this, but P. Ermatov insisted, being afraid the officials from press and information management of Khorezm region, after seeing the author’s real name, will close down the newspaper.
COMMENTARY In accordance with, art. 17,18,19,22 of the RU Law “About the author’s and allied rights” author of a book uses, in its respect, his personal non-property and property rights. So, he has the right to be acknowledged, in any case when his book is being used by someone else (author’s rights), the right to have his name acknowledged, the right for book’s inviolability, the right for protection, as well as the right to be rewarded if the book is used by others. Property rights of the author are regulated in accordance with the author’s contract. If, as in our case, someone uses publication without author’s permission, than latter has the right to demand the rights restoration. In our example, the author should have made a reference to the source of information. This is required by the law, and by journalistic ethics. In accordance with the Law of RU “About the author’s and allied rights” person, who gave an interview to the journalist, becomes a co-author of the publication. That is why, the person has the right not to permit the publication of materials. If in this case, journalist was receiving information, and not having interview, then he who have the right to use materials in any way. Actions of the director P. Ermatov are illegal. Journalist has the right to sign materials with his name or pseudo name. Unauthorized change of the name, by the editorial board is a breach of author’s rights.
12. Violation of labour rights
April 5 Zebo Hakimova (Samarqand) Sugdiyona, Sugdiyona VORD, Meridian newspapers analyst, Zebo Hakimova was fired from her job. After her appeal to the head of publishing house “Osiyo Times” V. Mikhaylov regarding her illegitimate dismissal and about unpaid salary for the fully worked days 4th and 3rd of April, Hakimova was asked to come to “STV” TV company, which is the founder of the previously mentioned newspapers, where she was paid her salary. She was asked not to appeal to court, promising to hire her again
April 15 Amu Tongi newspaper (Amudarya dawn) (Nukus) Amu Tongi newspaper staff, which is issued in two languages three times per months, does not receive their salary for over two months now. Owners of the publication are cotton processing plant of Karakalpakstan, and factories specializing in cotton-seed oil production. In January, Nadira Mat’yakubova became the editor of newspaper, taking place of Gulistan Anniklicheva, who was chosen as a delegate to Oliy Majlis of Uzbekistan. According to one “Amu Tongi” journalist, the new editor has no luck in coming to an agreement, with founders of newspaper, with regard to salary payments. “All recourses, received from the subscription, are used for covering polygraph expenses,” – says the journalist, asked not to disclose his name. Monitoring correspondents informed, that similar situation may continue until October.
April 29 Persent («A Child») (Nukus) Since August of the previous year the journalists of Persent magazine do not receive their salary. The magazine is being issued for almost 10 years, and its editor is the Jokargi Kenesa of Kazakhstan delegate, Doctor of Medicine Aral Ataniyazova. For the past year staff of editorial board has been changed several times, publication of the edition is delayed for several months (periodicity- once a quarter). According to one journalist’s words, who used to work for the magazine, some colleagues have no contract with the editor. “I left, because I wasn’t paid, - he says. – Those who stayed, also don’t know when they will get their money”.
COMMENTARY Zebo Hakimova’s efforts to restore her violated rights are absolutely appropriate.
According to Labour Code of RU employer, regardless of his financial well being, is liable to pay the established amount of salary. In the collective agreement, should be a provision of responsibility of employee for not paying on time its employees.
III. CONFLICTS. CHARGES, PUT FORWARD AGAINST MCM AND JOURNALISTS.
1. Accusation in undertaking activities without appropriate permission (license)
April 4 Internews - Network (Tashkent) Official quarts of Uzbekistan confirmed, that against an American nongovernmental organization Internews - Network a criminal case has been started. The Internews is one of the western organizations which did not get along with uzbek officials. Criminal case with respect to american representative organization has been started on the bases of art. 190 of the Criminal code of Uzbekistan, namely – undertaking activities without an appropriate license. This was declared by the press secretary of the General Office of Public Prosecutor of the country, Svetlana Artikova. In her words, investigation is being held at the moment, but no accusations against certain individuals were put forward yet. Activity of “Internews Network” in Uzbekistan lied in supporting independent MCM, providing them with technical assistance and raising the level of journalist's skills.
COMMENTARY According to part 1 art. 190 of the Criminal Code of RU, operating without acquiring a special permission, is punished by applying administrative fine, in the amount of 25 to 75 minimal wages or by revoking of certain right up to 5 years or by having correctional work for up to 3 years. In part 2 art 190 of the CC of RU it is said, that undertaking activities, which are the subject to license, in other words without acquisition of the special permission, done by dangerous recidivist or by preliminary agreement of group of people, is punished by a fine in the amount of 75 to 100 minimal wages or by arrest up to 6 months. However, the unaided eye can see that criminal case with respect to media-organization, providing support to private tele stations, is politically motivated action.
2. Requirements for honor, dignity and reputation protection
April 21 Citizens of Andijan (Andijan) Twenty citizens of Andijan, close relatives of which are accused of belonging to religious movement “Akromiya”, appealed with the official letter to the editors of Andijonnoma newspaper of regional khokimiyat. The letter says that published on the 2nd of April article “Akromiya: purpose and essence” contains distorted facts, and its authors have slandered convicts, whose fault has not been proved before court. Authors of the letter ask editorial board to publish this refutation.
COMMENTARY According to art. 27 of the Law of RU “About the mass media” a person, who thinks that the material published by MCM contain false evidence, has the right to require refutation from the publication. In case of MCM evasion from publishing the refutation or from responding or if the established deadline for publication was not met, juridical and physical person has the right to appeal with a suit to court.
3. Suits and petitions of MCM and journalists to court, in attempt to protect their rights
April 6 Mu’tabar Tadjibayeva (Fergana region) The chairman of Rishtan inter district civil court, Abdukahhar Kodirkulov, pronounces a decision to leave the case of independent journalist, Mu’tabar Tadjibayeva, without examination. Let us remind that in February of the current year independent journalist Mu’tabar Tadjibayeva turned to Rishtan inter district civil court with a petition to bringing to account the chairman of Altiarik regional court on the criminal case, Tojiddin Vahobov and the chiefs of Altiarik regional department for internal affairs. In her petition she asks to impose a penalty on them, in the amount of 10 million som and for property damage 8 ths som. Plaintiff accuses them in personal injury and insults, violation of rights and freedom, guaranteed by the Constitution. As independent journalists informs, the chiefs of Altiarik regional department for internal affairs drew up a statement of the case on the bases of which, the chairman of Altiarik regional court on the criminal cases Tojiddin Vahobov, on 11th of November, 2003 pronounced judgment to bringing Mu’tabar Tadjibayeva to administrative account. On the 2nd of February, 2004 Fergana regional court on criminal cases abolished this decision
COMMENTARY If there is a violation of civil and professional rights, journalists an MCM have the right, just as any other person, to appeal with appropriate petitions and demand for the elimination of these violations. In the previously described case both journalist and the court have made the mistake. The suit on moral damage penalty should be issued with respect to specific person, not a legal entity like Altiarik ROVD. As for the judge T.Vahobov, M. Tadjibayeva has the right to address her complain to the qualified chamber of judges. It is also impossible to agree with the court, that pronounced that the case not to be examined. In its document court had to explain the plaintiff her rights, i.e. which bodies she should turn to for protection of her violated rights.
This monitoring was prepared by means of messages from reporters from International Fund to protect freedom of speech “Adil soz” (Almaati, Kazakhstan)
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