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May 2005
Freedom of speech violations monitoring in Uzbekistan in May, 2005The monitoring has fixed 95 messages in May. 45 of them determine the actual situation of MASS MEDIA in socio-legal and political atmosphere of month, 44 contain the information on direct infringements of MASS MEDIA and journalists’ rights and 6 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. Public appearances, statements and speeches of top officials, which determine the actual situation of MASS MEDIA
May 15 A press conference took place with participation of the president of Uzbekistan Islam Karimov on May 14, devoted to tragical events in Andijan on May 13. The president has criticized the foreign journalists covering events in Andijan in his statement: “Journalists write that all these color revolutions are the display of freedom and democracy… But why do you artificially tie all this up under this slogan and connect every situation which takes place in this or that country with the victory of democracy? … Tell me, is it possible to develop the democracy in such ways? I can imagine for a minute that tomorrow you will start to develop this idea. And I know that you receive such orders. We know how all this occurs. The music is ordered by the one who pays. No matter how independent you are, you will be compelled to do what you are ordered. You already call these actions as a revolt. If you consider it through a prism of democracy and freedom, it will be far from true, to put it mildly … I am asking you, I beg you, understand where you are currently working. The mentality of these people sharply differs from mentality of Georgia and Ukraine. Completely different people live here, with other thinking … And it is not necessary to hang up labels - this one is like this and that one is like that. Especially Russian correspondents use it. They declare so carelessly from the tribune of TV: and whose turn is it for revolution? - and so on and so on”. Islam Karimov has especially allocated “Reuters” agency which as he said works most objectively. “I, as the president, think that “Reuters” is objective enough organization comparing with others”, - he said. The question on detention of the objective “Reuters” agency correspondent in Andijan was not raised by him. I.Karimov has addressed to the correspondent of BBC with the following words: “Addressing to BBC, I would like to note that while covering the events in Andijan you have written that all law enforcement bodies have run up, you are not right here. You did not see it. If someone called you from there and has told about it, I would like to tell the following here: fear takes molehills for mountains. There is such Russian proverb. In such cases, as a rule, everyone exaggerates. Employees of militia and Service of National Security of Andijan city and region behaved courageously”. Concerning the access to information on the place of events, I.Karimov has told: “I think that the Ministry of Foreign Affairs will be engaged in question of permission for journalists to go to Andijan when due hereunder. The Ministry of Foreign Affairs will give you the opportunity to go to Andijan and look what is happening. But my personal opinion is this: I do not know such countries which would allow journalists to go to places where military collisions take place. But I think that tomorrow or the day after tomorrow this opportunity will be given to you. We cannot hide anything anyway. It is useless. What comments you are going to give, this is another question. Today you have heard my comment, but you will go to same Andijan, meet people and receive your comments. But naturally none of mothers will tell that her son is a gangster, relatives of those who were lost, I mean fullished young people, will be on their side. Expect that there will be insinuations”.
May 17 On May 17 the president of Uzbekistan Islam Karimov unexpectedly to everyone acted on a briefing organized in the State Office of Public Prosecutor of the country. “I have come here being indignant of ridiculous information about as if 500 peaceful residents of Andijan were executed, distributed by some foreign mass media”, - Islam Karimov has told. The president informed, that he does not have any claims to Reuters agency, BBC, CNN and “Nemeckaya volna” radio. “I can disagree with their opinions and estimations, but I respect their activity. I can not tell that about Russian telechannels, in particular REN-TV and NTV, duplicating insinuations about events in Andijan and as though the governmental forces executed peaceful demonstrators, and also execution of 200 people in Pahtaabad area in Andijan region”. The president was interested in who was paying the NTV correspondents and broadcasters’ salaries for reportings from Uzbekistan. (By the way, the broadcasting of telechannel was stopped right after the beginnings of disorders on May 13 in territory of republic). I.Karimov informed that the Ministry of Foreign Affairs of the country will organize a free-of-charge flight for foreign diplomats and journalists to Fergana valley so that they can get acquainted with the situation. The plane is already chartered. He also has suggested diplomats and journalists to find relatives and to specify tombs of those people, “who have been ostensibly innocently killed by authorities”. “It is very comfortable to be engaged in insinuations as though authorities of Uzbekistan made brutalities in Andijan, being far away from the place of events”, - Karimov said. He assures that no peaceful resident has been killed in Andijan. “No peaceful resident is killed. The statement about 500 killed is the conjecture and deliberate disinformation”, - has emphasized the president. As he said, all killed people in Andijan are gangsters: “There are weapons with all of killed bodies or near them. They are being identified by law enforcement bodies”. Islam Karimov has answered the questions of TV reporters on why they have not been admitted to the place of events: “Be patient, and soon you will know everything that you want. In which country have you seen that foreign journalists are admitted to the area of military actions? Imagine what noise would arise in the world if even one foreign correspondent was killed or injured in Andijan where the terrorists armed with fire-arms and prisoners released by them operated…”
May 18 On May 17 the general public prosecutor of Uzbekistan Rashidjon Kadyrov has carried out a briefing for journalists about investigation of Andijan events. Concerning the question of covering of tragical events in mass media, the general public prosecutor has told: “Now I want to tell to you some words concerning covering of events in mass media. Some mass media’ biased approach to the facts of events which took place and the prejudiced estimation causes indignation. There are completely absurd messages that ostensibly the governmental forces executed peace demonstrators and separate mass media want to introduce events in Andijan as execution of peaceful residents and name thought up figures of 500 killed peaceful residents. I address to everyone who makes such far-fetched statements with a question: tell me, can you name anyone particularly from executed women, old men, and children? Is it possible to call the armed attack on the militarized objects which caused murders of tens of employees who were carrying their service, capture of big amounts of fire-arms, storm to a colony and releasing about 600 especially dangerous criminals contained there, capture as hostages of peaceful residents as demonstrators?”.
May 19 On May 19 in “Pravda Vostoka” newspaper (“The Truth of East”) the chief of OSCE center in Tashkent, the ambassador of OSCE Miroslav Yencha’s answers on questions concerning Andijan events have been published. On journalist B.Madalimova’s question what M.Encha thinks concerning the biased information taking place in a number of mass media, the ambassador has answered: “Certainly, journalists should work objectively. But it is necessary to take into account, that disinformation appears when there is no full access to the information. I think that it is very important that such access should be provided for journalists”.
May 25 Before leaving to Chinese People’s Republic the president of Uzbekistan Islam Karimov has given an interview for local mass media. The head of the state has stopped on the tragical events which took place on May 13 in Andijan and has criticized the wrong interpretation of these events by foreign mass media. “The government of Uzbekistan has organized a special flight for representatives of embassies, international organizations, mass media working in our country so that they could visit Andijan and familiarize directly with consequences of events which took place there, to have a talk with local residents. It is surprising that foreign mass media distributing different fables about Andijan events have held this fact back”, - the president of the country has said. Thus Karimov has not mentioned that journalists and diplomats who were in this special flight were carried through the city “in rows” and were not allowed to meet simple people, visit hospitals, mortuary and places where bodies of victims are buried.
May 25 On May 24 the official representative of the USA Department of State Richard Baucher has declared that in USA’s opinion, it is necessary to carry out full and “reliable investigation” of what happened in Andijan. “Excursion by bus is not a replacement or even partial replacement of it at all”, - he has emphasized, speaking about the trip for foreign diplomats and the journalists to Andijan, organized by the Uzbek government.
May 03 On May 3, on International day of a freedom of speech, the Plenipotentiary ambassador of the USA in Uzbekistan John Purnell has met with the students of international journalism faculty of the of World Languages University. During the meeting ambassador has willingly answered the questions which interested students. The ambassador has noted that freedom of speech in Uzbekistan, no less than local press is in embryo condition and the USA does not support Uzbekistan in its human rights’ infringements at all. John Purnell has finished the meeting with students with the following words: “president of the republic Islam Karimov has told that it is necessary to develop the role of press in Uzbekistan. But to speak about freedom of speech is one, and to be engaged in it is absolutely another”.
Actions of the officials, which determine the actual situation of mass media
May 15 Foreign correspondents The Ministry of Foreign Affairs of Uzbekistan asks the representatives of Russian mass media, arriving in Tashkent for covering the Andijan events, to receive accreditation in the press-service of the Uzbek foreign policy department again. “Temporal accreditation of foreign correspondent is made by the Ministry of Foreign Affairs on the basis of written references of the mass media’s management. The decision on temporal accreditation of foreign correspondent is accepted within no more than two weeks. After the arrival to Uzbekistan the certificate of temporal accreditation which is valid for about six months is given to the journalist. Constantly or to temporarily accredited foreign journalists are given multiple entrance - exit visas for the term of accreditation if there is no other two-side deal. The Ministry of Foreign Affairs of the Republic of Uzbekistan has the right to refuse the foreign journalist in accreditation or to interrupt his accreditation ahead of schedule. Similar decisions are accepted, as a rule, because of infringements of laws of the Republic of Uzbekistan by journalists”, - is said in the information for mass media in the press-service of the Ministry of Foreign Affairs of Uzbekistan.
May 15 Khakim Gaibnazarov (Fergana) Having heard that the BBC radio correspondent Matlyuba Azamatova is preparing a material about arrest of the independent journalist Mutabar Tajibaeva by militia, the chief of Fergana regional Department of Internal Affairs Khakim Gaibnazarov told to his employees: “Explain Azamatova, that if she continues collecting information I will have to arrest her”.
May 17 The Uzbek authorities promised to arrange a trip to Andijan for foreign journalists and diplomats on May 17. However, the planned trip was postponed to uncertain time. Local right protectors consider, that the situation in Andijan is not normalized enough yet to show it to the world.
May 18 The group of foreign diplomats and journalists arrived in Uzbek city of Andijan on special chartered plane arranged by the Uzbek authorities, where according to official information 169 people died as a result of bloody events on May 13. Within the framework of trip organized by the Ministry of Foreign Affairs of Uzbekistan, the diplomats were brought to Andijan by plane and were put in buses for movings in the city. Arrived people had no opportunities to talk to the local residents, to move freely. The bus stopped in those places, visiting of which should have confirmed the official version of events. The diplomats and journalists did not have opportunity to meet local residents. Through every 50-70 meters along the route of delegation there stood armed militiamen and people in camouflage forms. There were also no any civil people on the square near regional administration. The trip lasted for about two hours. Dissatisfied by restriction of their actions, some diplomats advised the journalists to name this trip as “excursion”.
May 20 On Press-service.uz, Uzbek press-service’s site there was published a message about the trip of diplomats and journalists to Andijan on May18. In particular it is written: “the Diplomats and journalists have been inside hokimiyat (regional administration) which still has the traces of horror of that night and the smell of gunpowder. They could make sure, that there are no signs of bullets and explosion grenades on walls of the building, which could confirm the message of some western MASS MEDIA that hokimiyat was taken by storm with application of military techniques. The foreign diplomats and journalists could also see: there was not enough room for “ten thousand demonstrators” in a limited place near hokimiyat. The grass-plot around the building which keeps its greens and beauty can prove it. Up to hokimiyat the foreign diplomats and journalists have visited the territory and the building of a post battalion patrol-duty service, which was attacked first by armed people, talked to the employees of law-enforcement bodies, acquainted with the parents of died militia employees in that night in a battle. The assistant of chief of Civil Correction department in Ministry of Internal Affairs of republic colonel A.Shodiev and chief of Investigatory isolator O.Rahmonov have shown territory of isolator. The diplomats and journalists have examined territory of the military part also suddenly attacked by the terrorists, talked with officers and soldiers taking their service there. The participants of trip had an opportunity to see, that the situation in Andijan was stabilized and is under the complete control of local authorities. The picture seen by them has completely confirmed the facts of earlier official messages, including severe, carefully planned and prepared criminal actions and also has denied insinuations distributed recently by some foreign MASS MEDIA”.
May 20 Web-sites of government structures As a source informs, the government of Uzbekistan will force all government structures to support their web-sites in working order and to spread the urgent information in them. In near future the Cabinet of Ministers will accept decision, which will oblige all state bodies to publish all the information about their activity which are not hidden legislatively on their sites. “The key ministries and departments will not make exception”, - has declared a source. Uzbekistan’s key government structures like Ministry of Internal Affairs, Ministry of Defense, Ministry of finance, Ministry of economy and Service of National Security still do not have web representation. The overwhelming majority of existing sites of government bodies in most cases contain only general information or were not updated from the moment of start.
May 21 Rustam Azimov (Tashkent) The letter of Rustam Azimov, the assistant of prime minister of the Republic of Uzbekistan came to MASS MEDIA of Uzbekistan. It is specified in the message how the recent events in Andijan should be covered. The employee of one of Jizzak teleradiompanies who has wished to remain unknown has told about it to the correspondents of fergana.ru agency. “It is precisely told in this letter, that we should “truthfully cover” the tragical events in Andijan proceeding exclusively from the statements of our president during press conferences on May 14 and 17”, - he has informed.
May 25 Satellite TV (Tashkent) When population of the country fell in information vacuum after mass performances and armed revolt in Andijan, demand for installation of satellite antennas has sharply increased in Tashkent. Those residents who had satellite antennas could watch the tragical events in complete volume, watching broadcasts of foreign telechannels. At first the authorities have not found a way of blocking satellites. With the beginning of Andijan events firstly the programs of foreign information telechannels broadcasted by cable TV in a coded or in open ether and further their news blocks were exposed to careful censorship, the plots about Andijan were removed from ether.
May 26 Ubaydulla Yamankulov (Jizzak) The information of the journalist Jamshid Karimov, published on fergana.ru site under heading “the Uzbek senator has accused the Andijan population of parricide to a native land”, has overflowed the Jizzak Regional hokim (governor) Ubaydulla Yamankulov’s “cup of patience”. In the morning of May 24 Jamshid Karimov, who worked in press centre of regional hokimiyat was informed on the phone, that he should write the statement for discharge, return the business card and keys from office. He was also warned that he is “the undesirable person” in region now.
May 31 Fergana.ru On the internet site fergana.ru Kh.Aripov’s article called “The total censorship for foreign television channels is entered in Uzbekistan” is published. In particular it is written: “As it becomes clear, the complete termination of broadcasting the news channels of Russian TV during and after May 13 events in Andijan is not the last step of Uzbekistan authorities on restriction of citizens’ rights on access to the information. Very soon they will be refused in any opportunity to watch television production of their own choice”. The Tashkent state inspection of communication has distributed a written order among the chiefs of cable TV studios in the capital, according to which all private studios under fear of their activity’s termination are obliged to convert to reception of “a unique signal of the main station”. Thus, the authorities compel studios to rebroadcast the truncated and censored package of programs. Company with limited liability “O’zbekiston kabel’ sistemalari” (“Cable systems of Uzbekistan”) will sell this package to studios. 20 percents of means of this company, which is establishing absolute monopoly to non state television ether of the country by direct support of imperious structures, belong to “National association of electronic MASS MEDIA” (NAESMI). Other 80 percents belong to “Terra Group” company which is owned by the elder daughter of the president of Uzbekistan Gulnara Karimova. The author writes that the package of telechannels for broadcasting by a unique network is determined: “It appears that it is only ten channels two from which simply duplicate broadcasts of state TV of Uzbekistan, and others do not belong to number of most popular in Russia, and are not familiar to the spectators in Tashkent at all”.
3.Estimations of the actual situation of mass media and freedom of speech
May 01 Hokim (governor) of Surhandarya region Abdulkhakim Eshmuradov criticized actions of regional, district and branch newspapers of the region at the meeting with the republican correspondents and the editors of regional, district newspapers and also radio and telejournalists. A.Eshmurodov told, that “the release of newspapers one or two times per month is obviously not enough. All newspapers of the region repeat each other in contents. As a result the major part of regional and district newspapers is on the verge of bankruptcy. The newspaper “Rakobat” (“Competition”) was not printed for four months, the newspapers “Bandikhon” and ”Sadoi Surkhon” (“Voice of Surkhan”) for six months. “Sadoi Surkhon” and “Zari Surkhana” have a 56 million soum debt”.
May 03 Feruza Khashimhanova (Tashkent) The correspondent of the “Zerkalo XXI” newspaper (“Mirror XXI”) Feruza Khashimhanova has prepared a critical article about activity of habitation owners’ association, named after A.Avloniy in Mirabad district in Tashkent. The material was intended for publication in “Zerkalo XXI” Tashkent newspaper. However management of the edition could not make the decision to print it for one and a half months. The point is that Hokim of Mirabad area, mentioned in the article is member of Senate of the Republic. After refusal of the newspaper’s management to print the article, it was published on freeuz.org site.
May 3 Sergey Yejkov (Tashkent) On freeuz.org internet site article of the independent journalist Sergey Yejkov called “who will meet the challenge for goat?”. In particular, the author writes: “the Present year will not be exemplary for the journalists of Uzbekistan who already got used to celebrate the World day of press freedom in a hotel with a good meal and service. There will not be, to all appearances, neither hotel, nor meal and service. The Soros Fund’s representation is not present in Tashkent, OSCE does not seem do it alone. Well, there is no exigency for next talkative party on the occasion of existence or the absence of free journalism. And it is necessary to tell about it with all definiteness. My relation is in general rather skeptic to such measures, where everybody express themselves correctly and beautifully, raise ostensibly burning questions, then go where they should and continue doing the same thing that they did. Paradox of present situation with press is that the major part of the journalists engaged in local periodicals, radio and TV consider the freedom of self-expression as a certain abstract category which is initially not acceptable in native Fatherland. If it is so, should we break our foreheads about a wall, fortress of which is absolute and is static? As a matter of fact, today in Uzbekistan free articles about painful problems for people and country are written only by those who did it earlier. There are almost no new names, there are no new editions ready to clash with authority for the sake of achievement of justice in society and concrete democracy, instead of authority’s declarative adherence of democracy”.
May 4 Alo Khodjaev (Tashkent) On tribune-uz site Alo Khodjaev’s “World day of press freedom was celebrated in Uzbekistan” article was published. In particular, the author writes: “There were remarkable changes in having become traditional measures of Uzbekistan’s journalistic public, devoted to the world day of press. First, the UN representation in Tashkent discharged of realization of these measures. Secondly, OSCE which with a number of international and domestic organizations was intending to carry out a special conference, but had to put it off to uncertain time because of unfairly late permission of the Ministry of Foreign Affairs. In this situation the enviable efficiency was shown by the institute on studies of civil society, which together with the International centre of journalists’ retraining and two German funds named after Conrad Adenheure and Fridrech Ebert has managed to prepare and to carry out a round table on a theme “Role of MASS MEDIA in formation of civil society” within two days. The participants of forum were the journalists from Tashkent and majority of republic’s regions. Differently from previous years, the meeting began not from the announcement messages of UN General Secretary, General Director of UNESCO, representative of OSCE on MASS MEDIA, but from salutatory words of the round table’s organizers. On all designated questions of the rigid discussion a fear was clearly stated, that the real situation of MASS MEDIA in the country does not change and is frequently worsened”.
May 5 Influential international rights protecting organization “Reporters without borders” has published two researches at once – “Predators of speech freedom” annual report and list. Authors counted 33 “predators” all over the world. The president of Uzbekistan Islam Karimov was among five presidents of post-soviet countries who have received the title of “predator of speech freedom”.
May 6 The article of D.Morphius called “About what it is forbidden to write in Uzbekistan” is published on freeuz.org site. The author, finishing his article, writes: “In summary - a small list of words, which are forbidden to be used in the newspapers, radio or TV programs. “Shakhid” (should be said “terrorist”), “despotism”, “tyranny”, “clans”, “communist party”, “rebels” and at last a terrible word “revolution”. The following words can be used, but only when the speech goes not about Uzbekistan, but about the countries of Europe or America. “Corruption”, “dictatorship”, “mafia”, “nationalism”, “slaves”, “slavery”, “torture”, “poverty”, “opposition”, “human rights”, “women’s rights”, “freedom of speech”, “free world”. Gabbles loved to repeat: “the propaganda loses its forces, as soon as becomes evident”. Nobody trusts the Uzbek propaganda for a long time: neither inside the country, nor outside its borders. According to the index of freedom of press, Uzbekistan is on 120th place from 139 countries where researches were carried out. But it calms Islam Karimov. If the MASS MEDIA is under control, it means that it is possible to hold the authority for a longer time...”
May 14 Internet - sites The amount of visitors to information internet sites of Uzbekistan has grown for several times on Friday, May 13. In searches of latest information about actions in Andijan city, the users besieged the online-editions, continuously updating their main pages. As Security.uz informs, the most popular information-analytical site in the country fergana.ru has not managed with inflow of the visitors and remained inaccessible for about three hours. According to information of the Russian masterhost company, where the resource is placed, the number of inquiries to server sometimes exceeded 500 per one second since Friday morning. By 1 p.m. Tashkent time the site was restored - it was displaced on another server by efforts of edition and hosting provider, however agency had to address to the users with the request to update the main page of a site not more often than 10 minutes. The number of visitors to fergana.ru site according to data of “Hotlog” statistics has made almost 45 thousand on Friday, which exceeds parameters for Thursday (about 6200) more than 6 times. Amounts of page viewings has made more than 405 thousand in comparison with 32,8 thousand an afternoon earlier. The Internet - resource centrasia.org has fixed almost 15 thousand visitors and about 105 hits against 7500 visitors on Friday and 26,5 thousand hits on Thursday. The site of National news agency of Uzbekistan (uza.uz) was also distinguished, where the official messages on events were published and which was viewed by approximately 4100 visitors on May 13 in comparison with 600 visitors on Thursday. Number of hits has made more than 14 thousand (2300 day earlier). The “Arena” (freeuz.org) site, specializing basically on activity of MASS MEDIA, almost made it up to tribune-uz independent edition’s number of visitors. Due to operative covering of Andijan events, “Arena” was visited by approximately 1370 men (4770 are hit) in comparison with less than 100 visitors (200 hit) of the previous day. The number of visitors to tribune-uz was about 1380 (7500 hit) on Friday and about 500 (1900 hit) on Thursday. Let’s remind, that except for the state site uza.uz, all other above-stated sites were blocked by providers and were accessible only to those users, which were able to use roundabout proxy-sites.
May 14 dw-world.de As the site of “Nemeckaya volna” (“German wave”) radio informed, the Uzbek authorities have offered foreign correspondents to leave Andijan. It is hard to believe that it is dictated because of extreme care of their safety. A unique source of information there was the president of Uzbekistan Islam Karimov himself, who has declared on a press conference which was held on May 14, that he has disposed to not apply force in relation to demonstrators in Andijan and that city authorities are carrying out “explanatory work”. Independent sources of information covering actions in Fergana valley become less with each hour. Tactics of extrusion of Mass media’s representatives from disordered areas and actual absence of the official comments resulted in information blockade. The news agencies quote rights protectors and local journalists.
May 16 In “Izvestiya” (“News”) Moscow newspaper article called “Karimov will destroy us anyway” was published by Dmitriy Filimonov and Sid Yanyshev. In particular, it is written: “Everybody in Uzbekistan know that something is happening in Andijan. But what exactly is the state secret. The Uzbek telechannels show national songs and dancings. The Russian channels are disconnected at the time of news. The information vacuum makes hearings. In Tashkent people speak that there is a war in Andijan: “already thousand corpses”. The information vacuum is more terrible than the truth. The authorities of Uzbekistan consider that people should not know the truth. The militarians have received an order not to allow journalists enter Andijan and kick out those who are already in the city. The militarians catch journalists and send them out. The Fergana valley is completely blocked. The air flights to Andijan and Fergana are cancelled. The trains do not function. The only motorway connecting the valley with the rest of the country is closed for the foreigners. Checkpoint on Kamchik crossing is strengthened by bombers or people in civilian with holsters on belts. The employees of security service look after the militarians and militiamen. Therefore militiamen to the surprise of local taxi drivers do not take bribes. All machines are examined, the passports are checked, the same question is set to all foreigners: “Journalist?”. The foreigners are turned back to Tashkent: “we care about your safety”.
May 16 Due to the Andijan events international rights protecting organization “Human Rights Watch” has distributed a press release. In particular, it says: “the Uzbek government rigidly limits civil activity and free expression of dissidence. There are no independent MASS MEDIA in the country, the authorities refuse to register opposition political parties, there are rigid restrictions on civil society groups’ activity and non governmental organizations”. “Human Rights Watch” has also expressed concern in connection with the messages that the government actually has entered information blockade in Andijan, kicking out the journalists and having forbidden local MASS MEDIA to cover the situation in the city.
May 17 Teleradiocompany of Uzbekistan Only on the second day after the tragical events in Andijan the president of Uzbekistan has carried out a press conference for the journalists and appeared publicly on TV screens of the country. Almost a 3 hour long press conference of the president Islam Karimov, which was on May 14 was broadcasted in record with some “erasures” in the evening of the same day simultaneously on all four channels of the Uzbek TV. The next day press conference was repeated in complete volume on the first channel of TV. And on May 17 all four channels of the Uzbek TV, which are “O’zbekiston”, “Yoshlar”, TTV and “Sport” simultaneously broadcasted I.Karimov’s statement in record on a briefing held in General Public Prosecutor’s Office of Uzbekistan.
May 20 Mass media of Uzbekistan Within one week after the Andijan events all Mass media of Uzbekistan were limited with publications of only the messages of state news agency UzA about the events. None of Mass media and journalists published the analytical material about tragedy. The journalists of the Uzbek TV were admitted in Andijan only on the fourth day after events. However, the reporting prepared by them was unilateral and expressed only official point of view.
May 21 On fergana.ru site Mukhammad Ashurali Ogli’s article called “Mass media of Uzbekistan received an order from authorities on how to cover events in Andijan” is published. In particular it is written: “Opinions of the simple people on Andijan events do not meet the requirements the officials at all. Many people tell what they think these days, knowing that these words will never get in ether”. “It carries to the point of absurdity, - the employee of state teleradiocompany of Uzbekistan says. - During shootings, when we make so-called polls, we ask the respondents simply to read a text prepared by us. The people refuse, telling us that we are dastardly cowards and that only Karimov is guilty of what has happened in Andijan. Television workers camouflage various dodges in order to execute the order of the country’s Prime Minister Rustam Azimov about the ways of covering the tragical events and to fill the ether with opinions like “Islam Karimov has won dark forces in Andijan”. “In such situations we are helped a lot by the familiar teachers of universities. Under threat of sending down, they force students to act in front of the telechamber with a microphone, telling what is necessary, - the correspondent of one metropolitan telechannels has admitted. Many residents of republic think that the Andijan events finally broke the mask of the regime. The authority already gives to know without shame that has a monopoly to the right of granting information.
May 22 “Ahborot” program of the Uzbek TV The first reporting from city of Karasu located on east of the Andijan region was broadcasted in the information program “Ahborot” (“News”) of the first channel of Uzbek TV in the evening of May 19, as in the early morning of the same day state authority was restored in the city. In the reporting there was nothing about people’s demonstrations, that the bodies of state authority did not work in city within five days after them. It was informed that the city is quiet, all people work for the boon of people.
May 22 Feruza Tangriberganova “Horazm haqiqati” (“Khorezm truth”) On May 22 the correspondent of “Horazm haqiqati” newspaper Feruza Tangriberganova has addressed to the state adviser of the president of the Republic of Uzbekistan Khayriddin Sulatanov with the complaint of her illegal dismissal from work. In the complaint it is marked, that she was released from the occupied post without being warned and without any reprimand. “The Main editor Rustam Iskandarov conducts the work according to Soviet bureaucratic principles and sweeps away from his road those who he dislikes in any ways, basically young journalists. If such unlawfulness will proceed, the newspaper “Horazm haqiqati” will have neither economic nor democratic development”. The employees of apparatus of the president promised to give the answer to the letter within 10 days.
May 16 Uznews.net internet site The journalists of Uznews.net internet site have distributed a statement. In particular, it is written: “we, the journalists of Uznews.net information service, announce the beginning of termless mourning on victims of bloody punishment above thousand peaceful residents of Andijan. We only need to add to our reportings of last three days, that ten correspondents of foreign MASS MEDIA being citizens of Uzbekistan, worked in Andijan not for fear, but for conscience. It must be a miracle that non of them was lost. And thanks to the residents of this city. The IWPR correspondent Galima Bukharbaeva was transferring a reporting and at the same time escaping from the military car pursuing her, when between her and military machine unexpectedly there has appeared a simple young man from Andijan, who started to cover her from approaching threat by his body. His further destiny is unknown... One of bullets almost hit the correspondent of Uznews.net and IWPR Galima Bukharbaeva. Having got out from the place of battle, she has found out a bullet aperture in her bag. The bullet went through Galima’s press card and notebook... When some journalists were covering from governmental army’s bullets in the ditch, another Andijan resident has covered them by his body. “It is not a pity for us to give our lives so that the world will learn from the journalists the truth how we were shot here”, - said the resident of Andijan. We say thank you and we bow in legs up to the ground, in which you lay now. Let the ground be a fluff for you our dear countrymen! You will never be forgotten. Collective of Uznews.net”.
May 16 After to the journalists were ordered to leave the city of Andijan the “Reporters without borders” organization has called the president of Uzbekistan Islam Karimov to permit the journalists work freely in this Central Asian country. The journalists of foreign news agencies, including Reuter, have gone away from Andijan after the local bodies of safety detained them for a short while and explained, that they are threatened with danger. “When the authorities do not admit the journalists into the zone of conflict, frequently they do it with the purpose of hiding the admitted abusings. We are very anxious about it and ask the president Islam Karimov to allow our colleagues to cover these events”, - is said in the statement of organization. “It is necessary to end all censorship urgently and supply the Uzbek people with impartial covering of events”, - is said in the statement. –“Any violence in relation to the journalists will seriously complicate normalization of political and social life in Uzbekistan”.
May 18 The international federation of the journalists The international federation of the journalists condemns “crying restrictions on Mass media’s freedom during the events in Andijan”. In organization’s widespread statement of May 18 the facts of switching-off foreign telechannels in republic, blocking of Internet - resources, beating and arrests of the journalists took place.
May 20 On May 19 at extraordinary assembly of the members of National electronic mass media association (NAESMI) the representatives of non state teleradiostructures of Uzbekistan have expressed the negative relation to position of separate foreign MASS MEDIA’ correspondents while covering the Andijan events. In particular, they have called journalistic community “to follow the standard principles of journalism and professional etiquette, to inform the world community objectively and unbiassedly on these tragical events”. During the meeting the representatives of TV-radio stations have exchanged experience on covering events taking place in Andijan, in particular about informational, analytical and other news programs issued by the regional TV studios’ journalists. With the purposes of operative information exchange it was offered to create an information Centre at NAESMI, which will supply the members of association with the necessary information from various regions of Uzbekistan.
II. INFRINGEMENTS OF MASS MEDIA AND JOURNALISTS’ RIGHTS
1. Attacks on journalists and on their family members
May 4 Galima Bukharbaeva (Tashkent) Law enforcement bodies of Uzbekistan have severely punished the group of picketers who have begun termless protest action near the embassy of USA on Tuesday, thus storm of militiamen on the night of May 4 has not spared anybody - neither women, nor children. On May 3 at 23.20 by local time employees of law enforcement bodies have begun severe storm on group of picket participants which basically consisted of women and children who have arrived to Tashkent from the Kashkadarya region. According to protestors, there were 71 of them including children. When bus with the basic stormers has approached, men who were on duty all day have also attacked picketers from the other side and started to beat them. Some of these people have started to attack journalists - correspondents of IWPR, “Svoboda” radio and Swiss newspaper NZZ. Having seized their hands, they dragged them to buses. Stormers did not pay attention to journalists’ shouts “we are the press”. Journalists were rescued thanks to one of employees of the Municipal Department of Internal Affairs of Tashkent who has stopped men wanting to beat journalists and helped them to get out from that place.
May 13 Galima Bukharbaeva (Andijan) On May 13, during the dispersal of mass meeting participants in Andijan power structures of Uzbekistan shot from fire-arms not only at participants of protest action, but also at journalists of foreign mass media. As the correspondent of “Ozod Ovoz” internet site Shavkat Turon informed from Andijan, shooting from Kalashnikov’s automatic devices was begun by militiamen first. Then the militants started shooting at unarmed people who were in the square opposite to regional hokimiyat (administration) from armored troop-carriers. The column of armored troop-carriers began to run on groups of people and to shoot at them. Armored troop-carriers pursued escaping people, including women and children. In a heat of “cleaning” of the central area of Andijan the Uzbek power structures have begun shooting at journalists of foreign mass media, performing the professional duties. In particular, one bullet has got into a correspondent bag of Tashkent representation of the British Institute on covering war and peace (IWPR) director Galima Bukharbaeva. The journalist has not suffered from a bullet of the Uzbek militiaman: the bullet has punched her bag and a press-card. During the fire attack Galima Bukharbaeva and other journalists had to be covered in ditches and other places.
May 28 Vakhid Zakirov (Namangan) “Ozodlik” radio correspondent Nasir Zakir’s son - Vakhid Zakirov was beaten up by group of unknown persons and got injured. “Vakhid, tell your father to sit quietly, otherwise this will end up badly”, - these hooligans threatened the young man. According to N.Zakir’s words, beating of his son is the result of covering the Andijan events by him on the radio. - Since May 15, two machines are on duty near my house and my phones are listened, - says Nasir Zakir.
COMMENT Law of the Republic of Uzbekistan “About protection of journalist’s professional activity” establishes that the journalist has the right to be present on mass actions, to collect, analyze and distribute the information at realization of professional duties. Article 5 of the Law where the rights of journalists are listed, says that the journalist has the right to be present at zones of military actions, acts of nature, mass actions. According to article 8 of this law, at performance of professional duties the journalist uses a guarantee of inviolability. In the above-stated cases the rights of journalists were broken.
2. Infringement of journalist’s procedural rights
May 1 Sabirjon Yakubov (Tashkent) The correspondent of “Khurriyat” independent newspaper journalist Sabirjon Yakubov was arrested on April 11. A criminal case under article 159 of criminal code of the Republic of Uzbekistan – “Encroachment on constitutional formation of the Republic of Uzbekistan” was started against him. Chairman of Initiative group of independent rights protectors of Uzbekistan IGNPU Surat Ikramov intended to act as the authorized representative on Yakubov’s case, but could not do it. Employees of investigatory isolator of the Ministry of Internal Affairs in Tashkent prison did not let the journalist sign the statement where he could specify Ikramov as the authorized representative.
May 23 Matlyuba Azamatova (Tashkent) Not having time to go down from gangway of the plane of flight “Baku-Tashkent”, the correspondent of BBC radio Matlyuba Azamatova has been subjected to a careful search at the Tashkent airport. In spite of the fact that nothing suspicious was found, she was brought to a separate room where procedure was repeated. There was made a report which the journalist was compelled to sign. M.Azamatova has asked to acquaint her with the contents of the report, but the employee of customs house has declared: “we suspected you of smuggling gold, you could bring this precious metal from Azerbaijan with you , but nothing was found and this is written down in the report”. But the permission to personal acquaintance with the report was not given. Only after writing down her address and phone number M.Azamatova was released.
COMMENT According to article 26 of the Constitution of the Republic of Uzbekistan everyone accused of making a crime is provided with all opportunities for protection. And the article 46 of Criminal Procedural Code of the Republic of Uzbekistan says that accused person has the right to have a defender and to meet with him in private. In Sabirjon Yakubov’s case his rights were unequivocally broken. In case of M.Azamatova procedural rights of the journalist have also been broken. Employees of customs house had to give an opportunity to familiarize personally with the made report of search to the journalist.
3. Unreasonable detention of journalists
May 3 Salavat Umrzakov (Tashkent) On May 2 it was known that one more journalist - a member of “Erk” opposition party and the correspondent of the same newspaper Salavat Umrzakov was arrested a week ago in Tashkent . As chairman of “Erk” party Atanazar Aripov says, the official reason of arrest is unknown yet. It was declared at the press conference organized in connection with 15-years anniversary of “Erk” party in Aripov’s house. “Salavat Umrzakov is active member of party. In March, 1994 together with several members of party including me, he was put in prison. On July 2 of the same year all of us were released with the decree of the president of republic Islam Karimov”, - said Aripov. After releasing Umrzakov representatives of the Department of Internal Affairs regularly visited him and demanded to write the letter of guarantee with the promise not to deal with policy any more. In last conversation with Aripov, Umrzakov told that he is tired of writing these letters and is not going to do it anymore. “Probably, he was taken away after refusal to write these letters”, - considers Aripov.
May 14 Shamil Baygin (Andijan) The correspondent of Reuters agency Shamil Baygin who is in Andijan during these days was arrested and brought to militia office on May. He covered court on 23 members of so-called “Akromiya” religious flow and tragical events which took place on May 13.
May 14 Alexey Ivliev (Namangan) On May 14 the film crew of the Russian broadcasting company NTV was detained by Uzbek power structures on suburb of Andijan. As the special correspondent of NTV Alexey Ivliev has transferred, they were brought to Namangan, which is in 70 km to the West from Andijan accompanied by the patrol machine of internal armies of Uzbekistan. They took away the passports of broadcasting company’s employees and declared that all of them will be evacuated to Tashkent. Only after that they promised to return documents. Documents were returned to them after five hours.
May 14 Alexey Volosevich (Andijan) The foreign journalists were advised to leave the limits of the Uzbek city of Andijan, the correspondent of fergana.ru news agency Alexey Volosevich informed by phone RIA “Novosti”. “We were told, that it is time get out”, - the journalist said, not having specified where such recommendation came from. According to news agency, correspondent of Reuters agency and employee of the British Institute on covering war and peace were detained recently in the evening. In the morning they were released. Volosevich told that he and his colleagues are leaving Andijan on Saturday, May 14. Foreign journalists left Andijan on May 14. The correspondent of Reuters agency who was recently detained and released was also among them. “You have 30 minutes to leave the city. We are not e responsible for your safety anymore. You can be taken as hostages”, - said the representative of service of national security of Uzbekistan whose words are told by Reuters agency. Seven journalists covered events in Andijan, the majority of them are foreigners.
May 14 Dmitriy Yasminov, Victor Muzalevskiy (Andijan) On Saturday, May 14 journalists of REN-ÒV - correspondent Dmitry Yasminov and operator Victor Muzalevskiy were detained in Andijan. The documents were withdrawn from the film crew. Thus, people introduced themselves as employees of local administration. They did not make comments on their actions concerning journalists and referred only to an intense situation in region. As the press-service of telechannel informed, journalists were coming from Tashkent to shoot a plot for Maryanna Maksimovskaya’s “Nedelya” (“Week”) program which is broadcasted on Saturdays. At 17 o’clock by local time Dmitriy Yasminov transferred the performance from one of the streets of Andijan for “Nedelya” program’s viewers by the second double of REN-TV channel which is broadcasted for residents of Eastern Siberia. The journalists were detained in five minutes after the broadcast. The persons who have detained journalists told that due to the situation in Uzbekistan permission for shooting cannot be given.
May 17 Andrey Babickiy, Gafurjon Yuldashev “Svoboda” radio (Andijan) The correspondents of Russian and Uzbek services of “Ozodlik” – “Svoboda” radio Andrey Babickiy and Gafurjon Yuldashev were detained by two armed soldiers when they were approaching Yuldashev’s house on May 17 at about 9 p.m. in 5th microarea of Andijan. They have forced journalists to lie on the ground and threatening with weapon, have kept them in such condition for more than an hour. Only after the group of people’s arrival, who were engaged in checking the documents, Andrey Babickiy and Gafurjon Yuldashev were permitted to rise and go in the house. Together with the armed soldiers they have entered Yuldashev’s house, where their documents were checked. Those people required from Babickiy to leave the country.
May 18 “5th channel” On May 18 the film crew of the Ukrainian “5th channel” led by the correspondent Svyatoslav Cegolko was detained in Uzbekistan, when the journalists were going to the city of Andijan.
May 22 Nasir Zakir, Akhmad Abdullaev, Olim Yunusov (Namangan) Sabit Ustabaev, rights protectors Akhmad Abdullaev and Olim Yunusov, “Ozodlik” radio correspondent Nasir Zakir announced a hunger-strike as a protest against violence during the Andijan events and required the punishment of the killings originators of hundreds innocent people. They were delivered to regional Department of Internal Affairs. The assistant of chief of Namangan regional Department of internal affairs has required to write explanatory letters.
COMMENT Actions of militia employees are illegal and break constitutional rights of citizens on freedom. Journalists did not make any illegal actions and there are no reasons to suspect them in making any crime. 4 bases are specified in detail in the article 221 of the Procedural Criminal Code of the Republic of Uzbekistan for detention of the person suspected in a crime: 1) the person is caught at the scene of a crime or right after it; 2) the eyewitnesses, including victims, directly specify the given person as the one who made the crime; 3) evident traces of the made crime will be found on him or on his clothes, with him or in his house; 4) there is information, giving bases to suspect the person of making the crime and if he attempted to runaway either there is no constant place of residence or the person is not identified. It is clear from the listed bases, that the employees of militia had no lawful bases for detention of the journalist. The rights of the journalists are listed in article 5 of the Law of the Republic of Uzbekistan “About protection of the journalist’s professional activity”, where it is written, that a journalist has the right to be present at zones of military actions, acts of nature, on mass activities. According to article 8 of this law, the journalist has the guarantee of inviolability during the performance of professional duties. But for some reason authorities of Uzbekistan have simply forgotten about the journalists’ rights after the Andijan events.
4. Baseless realization of operative - searching measures
May 4 Nadira Samandarova, editor of regional teleradiocompany (Navoi) The inspector of branch on struggle against terrorism and racket of Navoi Regional Department of Internal Affairs Kamol Shukurov came to the journalist Nadira Samandarova’s house and started to specify what she is engaged in, why she went to Tashkent. On Nadira Samandarova’s question what for does the inspector need this information Kamol Shukurov answered, that in a reference published in the Internet, there is the name of the journalist. On this occasion the chief has ordered the inspector to find her. According to Nadira Samandarova’s words the arrival of the inspector to her house is explained with her signing of the “Reference to the international organizations and organizations on protection of the journalists’ rights” about releasing the journalist Sabirjan Yakubov from jail. There is information, that the inspector has asked mahallya (district) committee, where the journalist lives, to give him the information about Samandarova.
May 31 Solekh Yahyaev (Samarkand) There came three employees of militia to the independent journalist Solekh Yahyaev’s parents’ house at about 10 o’clock in the morning, one of them has introduced himself as a local inspector Sh. Mukhtarov. Having talked with Yahyaev’s sister, he has told that he needs to talk to Solekh Yahyaev. He was interested where Solekh was, where he works and why his mobile phone is switched off. They have asked where S.Yahyaev lives now. At about 11 o’clock in the morning the same people arrived in Solekh Yahyaev’s apartment on red “Jiguli” (model of car). When his wife opened the door, the man in the militia uniform, not having presented, showed the photo of the journalist in emphatic manner and asked, whether he lives here. After, the inquiries were conducted by a young man in civilian. He was interested, where the father of Yahyaev’s wife works, thus specifying the names of his family members with his records. Then he asked, where her husband is now, whether he comes home or not and questions of the same character. According to the journalist’s wife, this young man talked in menacing tone. Having finished with questions he told, that she should tell her husband that Shuhrat came from regional Division of Internal Affairs. There were some other calls from Municipal Department of Internal Affairs the same day. Local inspector Sh. Mukhtorov called and talked to Solekh Yahyaev’s mother, and said that he wants to talk to Solekh in private. In the evening at 19:30 Solekh Yahyaev met with the local inspector who said that just wanted to see the journalist. He has confirmed, that called and came to his parents. But categorically denied his visit to the apartment. The young man Shuhrat, not having named his surname, was presented as worker of the department on struggle with narcotics and told, that really came to his parents’ house, but denied the visit to journalist’s apartment and conversation with his wife. His signs coincided with the description made by journalist’s wife. As it became known to Solekh Yahyaev from a reliable source, that day the command to meet the journalist personally was given by the chief of Samarkand Municipal Department of Internal Affairs Pakhlavon Shamsiev. The journalist was not the only one in the list given personally by P.Shamsiev.
COMMENT Operative - searching activity is carried out only with the purposes of protection from criminal assault on life and health, rights, freedom and lawful interests of the citizens, property, safety of the society and state, and also from intelligence-blasting activity of special services of the foreign states. Absence of the laws “ About militia” and “About operative - searching measures” in Uzbekistan till now results in different sorts of human rights’ infringements, guaranteed by the Constitution of the country. According to article 96 of criminal procedural code of the Republic of Uzbekistan interrogation can be made in a place of presence of interrogated person. The interrogation should be carried out in written form, with acquaintance of interrogated with his rights and duties. As in the above-stated case such actions did not take place, it is possible to say that the information gathering about the journalist was illegal.
5. Threats concerning journalists
May 15 Sharif Akhmedov (Andijan) The correspondent of BBC radio Sharif Akhmedov covered the events in Andijan on May 13 and 14 by radio operatively. But the journalist was called by the employees Service of National Security to regional division of service, where he was required to stop the journalistic activity and was warned about probable consequences. “If you will try to prepare a material about the Andijan events and victims once more, we will have to talk to you in a different way”, - the employees of the Andijan service of national security have threatened.
May 31 Gafurjon Yuldashev (Andijan) After a man has shown communal grave of Andijan events victims to the journalist of radio “Ozodlik” (“Freedom”) Gafur Yuldashev, he was killed the next day. In this connection there has appeared an obvious threat for journalist’s and his family’s safety. G.Yuldashev lived in Andijan with his family and they had to leave the Andijan region promptly.
COMMENT According to article 112 of Criminal Code of the Republic of Uzbekistan threat to murder or application of violence, with presence of sufficient bases to be afraid of realization of this threat, is a penal crime. In such situations journalists should address to law enforcement bodies with a statement according to Law.
6. Infringement of journalist’s constitutional rights on free movement
May 29 Matlyuba Azamatova (Naryn area, Namangan region) The correspondent of BBC radio Matlyuba Azamatova went to Namangan on a business trip with the purpose to prepare an analytical material about social - political conditions in the city of Namangan. However, at “Naryn” check-point which is on the entrance to region’s territory four militiamen and employees of Service of National Security have stopped the car, where there were also other passengers with the journalist. After about an hour of checking Bakhtiyor Khaydarov, who was presented as the employee of Criminal Investigation Department of Namangan regional Department of Internal Affairs returned the passports to the passengers, having notified that they will not be admitted to the region. Even two passengers who have showed the air tickets of flight “Namangan – Moscow” were not allowed to pass. To Matlyuba Azamatova’s interest on refusal’s reason guards explained: “The situation is not easy at the moment, after the Andijan events the authorities were compelled to make such a regime”.
May 30 Sakhib Bazarov (Naryn area, Namangan region) The independent journalist from Margilan Sakhib Bazarov was being directed to “Chartak” sanatorium, but in Naryn area of Namangan region his car was stopped by the employees of road-patrol service, who have declared that journalists will not be admitted to the region in connection with worsening situation.
COMMENT In the above-stated examples constitutional rights of journalists on freedom of movement are roughly broken. Even in case of implementation of extreme situation in a separately taken territory the journalist has the right to be present there. It is guaranteed by article 5 of the Law of the Republic of Uzbekistan “About protection of journalist’s professional activity”.
7. Obstacles in journalist’s legal professional activity
May 16 Andrey Babickiy, Gafurjon Yuldashev “Svoboda” (“Freedom”) radio (Andijan) On May 16 the correspondents of Russian and Uzbek services of “Svoboda” radio Andrey Babickiy and Gafurjon Yuldashev saw how a 7 floor building of Andijan regional hokimiyat (administration) was burning. They were not allowed to come more closely to the place of fire by the armed soldiers and employees of militia.
May 22 Foreign MASS MEDIA (Uzbek-Kyrgyz border) There was a protest with 700 supporters of recently arrested Bakhtiyor Rakhimov on the Coast of Shakhrikhansay River, in territory of the Uzbek part of city Qorasuv. He was the leader on May 14 at restoration of bridge destroyed by the Uzbek authorities two years ago, which connected Uzbek and Kyrgyz parts of the city. After restoration of the bridge the transition of citizens of two countries was organized. Thus, if Kyrgyz part has established boundary and customs posts, the Uzbek part didn’t. Protestors demanded to release Bakhtiyor Rakhimov and to enable the journalists in the territory of Kyrgyzstan by passing to the Uzbek part of the city by bridge. But the journalists both of Uzbek and Kyrgyz services of “Svoboda” radio, Itar-TASS and local TV KOORT, which observed the events in Kyrgyz part of city Karasu, were not admitted to the Uzbek territory. With the purposes of safety, Kyrgyz frontier guards have forbidden the journalists to cross the Kyrgyz-Uzbek border. After this Uzbek soldiers managed to disperse the meeting. The Uzbek part tries to isolate the citizens from dialogue with press. Therefore journalists are not allowed to the territory of Uzbekistan Karasu. As the main editor of fergana.ru information agency Daniil Kislov has told, people in Andijan are remembering year 1937: “The arrests are continuing, the militiamen go to houses and warn people of “consequences”, which can be caused by their dialogue with the foreign journalists.
May 28 Bakhadyr Tursunov (Namangan region) The BBC correspondent Matlyuba Azamatova who came to Namangan region on a business trip was warned about necessity to leave the region. The assistant of chief of Namangan Municipal Department of Internal Affairs Bakhadyr Tursunov took the journalist to Naryn area, where he sent her to Margilan, Fergana region by force. The militia worker has declared, that M.Azamatova will not be admitted to Namangan region, that they will not allow broadcasts of critical materials about the region and the management has disposed not to allow the correspondent in there.
May 30 Zikrilla Ruzimatov (Fergana) The chief of Fergana Municipal Department of Internal Affairs Zikrilla Ruzimatov warned the correspondent of BBC radio Matlyuba Azamatova that she should stay in the city. “I know that you work in all over the valley. However, in connection to bloody Andijan events, you temporarily are forbidden to leave limits of Fergana, it is the order from above”, - has told Zikrilla Ruzimatov. The journalist has required to show her the order, but the chief of militia answered, that the order is oral, nevertheless, he should carry it out strictly.
May 30 Rakhim Normirzaev (Andijan region, Marhamat area) In Marhamat area of Andijan region over hundred people have carried out the action of protest, demanding the releasing of arrested active workers of informal national movement “Birlik”. During the action representative of local hokimiyat came to the correspondent of BBC radio Matlyuba Azamatova who was covering the event and tried to prevent her work. - You have no the rights to cover the given event, as this is our internal business, - was declared by Marhamat area hokim’s assistant Rakhim Normirzaev to the correspondent. When the journalist has asked the representative of local authority to express his relation to occurring events, Rakhim Normirzaev answered that he is not going to share with his opinions on the given question.
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 article 14 of the Law of the Republic of Uzbekistan “About protecting 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 of civil procedural code of the Republic of Uzbekistan.
8. Unreasonable withdrawal of MASS MEDIA and journalists’ materials
May 14 Galima Bukharbaeva, Shamil Baygin, Yefim Lugackiy, Mukhammadsharif Mamatkulov (Andijan) The correspondent of British Institute on covering war and peace Galima Bukharbaeva, the correspondents of Reuters, France-press news agencies Shamil Baygin and Mukhammadsharif Mamatkulov, and press photographer of Associated-press Yefim Lugackiy were gathering materials for covering the bloody events in Andijan. On May 13 the journalists talked to the citizens accused of participation in “Akromiya” religious group, forbidden in the country, taking videos of the participants of multithousand meeting at the centre of Andijan. On May 14, when the group of journalists was on Babur square the motor vehicles “Matiz” and “Nexia” came with the armed military men and forced them to sit in their cars. The journalists were delivered to Andijan Municipal Department of Internal Affairs, where after the conversation their films and cassettes were withdrawn. Galima Bukharbaeva was deprived of a film, Mukhammadsharif Mamatkulov of a digital camera, and Yefim Lugackiy of camera with video tape footage. Then the requirement to leave Andijan in half an hour was stated to journalists. “Otherwise we can not guarantee your safety” - the employees of Service of National Security have declared.
May 14 Ruslan Yarmolnik (Andijan) The correspondent of “Inter” Ukrainian broadcasting company Ruslan Yarmolnik arrived in Uzbekistan for covering the Andijan events with his colleagues. The Ukrainian correspondents could not transfer the material with plots of tens of dead bodies shot by a videocamera on May 14 at the centre of Andijan to an ether completely. After coming back to hotel “Elite” for montaging the video material, the correspondents were searched by the employees of Service of National Security. The bags and cameras of the journalists were subjected to a careful check. They were even compelled to get undressed till up to the waist. The employees of special services have taken Ukrainian journalists’ videocassettes with shot materials on May 14 and have required leaving the city urgently.
May 21 Gafurjon Yuldashev, “Ozodlik” radio (Andijan) On May 21 the correspondent of the Uzbek service of “Ozodlik” radio Gafurjon Yuldashev was in the city of Karasu in Andijan region. Some men in civil clothes came to him. Having told, that they are employees of Service of National Security and having applied force they made a search of his bag. A diskette with records and flash-card of the camera were withdrawn. After that unknown people have declared to the journalist: “If you want to live, leave this place”. When G.Yuldashev has asked them to show documents, one of these people told, that his surname is Madjidov and that he is the employee of Service of National security, however he has not shown his ID.
COMMENT In the given cases articles 8 and 9 of the Law of the Republic of Uzbekistan “About protecting journalist’s professional activity”, which says that at performing the professional activity the journalist uses a guarantee of inviolability are roughly broken. The materials and documents received during journalistic investigation can not be withdrawn from the journalist or subjected to examination. In article 5 of the Law of the Republic of Uzbekistan “About protection of journalist’s professional activity”, the rights of journalists are listed, and there is a precise stress on the rights of journalist to be present at zones of military actions, acts of nature and at mass activities.
9. Unreasonable refusal in granting socially important information
May 6 Sabirjon Yakubov (Tashkent) In monitoring for April we informed about the arrest of “Khurriyat” newspaper correspondent Sabirjon Yakubov. On May 5 it became known that the journalist arrested and accused of encroachment on constitutional system of Uzbekistan was transferred from the Tashkent prison to the investigation isolator of a Service of National Security. The reason of transfer remains unknown, as the press-service of Service of National Security refused to give any information on this occasion.
May 24 Gulasal Kamalova, “Ozodlik” radio (Bukhara) Within May the correspondent of “Ozodlik” radio Gulasal Kamalova tried to contact with the press-service of Bukhara Division of Internal Affairs for several times. The correspondent was preparing a reporting about the under age prostitutes. However, she could not receive the information necessary to her. The reporting was given to ether without the comment from the part of Bukhara Division of Internal Affairs.
May 26 Gulasal Kamalova, “Ozodlik” radio (Vabkent city) The correspondent of “Ozodlik” radio in Bukhara region Gulasal Kamalova prepared a reporting about how the schoolboys of local schools instead of lessons collect plastic utensils, plastic bottles in garbage dumps by the order of teachers. When the correspondent asked to comment the situation from Sulaytmon Sanoev acting as chief of Vabkent regional department of national education, he has refused to answer the questions of the journalist. He did not comment his refusal.
COMMENT The article 29 of the Constitution of the Republic of Uzbekistan guarantees the right to search, receive and distribute the necessary 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, citizens’ 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”.
10. Infringement of equality principle at reception of information
May 6 MASS MEDIA Only the correspondents of “chosen” MASS MEDIA were allowed to be present at international conference on problems of social - vulnerable children taking place in Tashkent. The representatives of republican structures, engaged in problems of social - vulnerable children including “Sen yolg’iz emassan” (“you are not alone”) fund and international organizations took part in the conference. The preliminary invitation to a forum was received practically by all metropolitan MASS MEDIA. But only the “chosen ones” could get into conference-centre of “Intercontinental” hotel. The security guards, who did not let “bad” journalists pass to the conference-centre, have explained that the list of the admission was made by the organizers of a conference together with National press centre of Uzbekistan. The official explanation, which was received from the representatives of press centre, said that the organizers of conference simply have not calculated the number of participants and because of this it was necessary to reduce the presence of press sharply.
COMMENT The article 29 of the Constitution of the Republic of Uzbekistan guarantees the right to search, receive and distribute the necessary 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. According to article 12 of the Constitution of the Republic, the public life in the country should develop on the basis of a variety of political institutes, ideologies and opinions. Refusal of the officials of state bodies in the invitation of the journalists of foreign MASS MEDIA for covering the socially important events in the country limits their right on reception and distribution of information, thus breaking not only the constitutional principles of speech freedom, but also rules of the current legislation of the Republic of Uzbekistan which regulates the legal status and conditions of realization of professional activity of representations and representatives of foreign mass media accredited in the Republic of Uzbekistan.
11. Censorship and unreasonable termination of teleradio programs retransmission
May 14 Bukhara regional TV Bukhara regional TV, which retransmisses the programs of the First channel (Russia), began to cut pieces of news concerning events in Andijan in “Vremya” (“Time”) news program. The news program was broadcasted without the messages from Uzbekistan.
May 13 Foreign telechannels Since the morning of May 13 the authorities of Uzbekistan have blocked broadcasting of all foreign channels in territory of the country. In particular, the broadcasting of such world information channels as CNN and BBC and also live releases of news programmes of the Russian telechannels were suspended on cable and coded channels. On Russian NTV “button” the foreign musical videos and on CNN “button” - Uzbek programs are demonstrated. In Tashkent of May 13, when news information program began from the message from Andijan on NTV, the channel was switched off on the third phrase on cable TV. In some minutes the news program started again. Then at 14:00 the same thing happened on RTR channel.
May 13 “Diydor” radio (Andijan) One of the most popular radio stations in Andijan “Diydor” has stopped working on May 13. Mobile connection and the urban telephones work with faults.
May 24 “Kamalak-TV” (Tashkent) The retransmission of many foreign telechannels in Uzbekistan was stopped at once after the Andijan events. Uzbek-American joint venture “Kamalak-TV”, working in Tashkent and broadcasting about 30 foreign and 4 local telechannels in coded form has succeeded in it: since May 13 all information channels were blocked completely for 4 days, and on the fifth day after events - partially. A very funny thing appeared: the information is given up to the moment when the messages from Andijan begin, here on the screen there appear musical videos of rather doubtful contents. The broadcasting of the programs is renewed after the end of display of a plot about the Andijan events. The zealous officials of “Kamalak-TV” have achieved only one - they have caused nation’s suspicion and mistrust to authorities.
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 Law of the Republic of Uzbekistan “About principles and guarantees of information freedom”, “About mass media” and “About protection of journalist’s professional activity”. Article named in 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)”. The norms of the law of the Republic of Uzbekistan “About the rights of the consumers” are also broken. Being the subscribers of paid channels, the spectators, who are the consumers, have the right to watch the programs in complete volume without editing.
12. Termination of mass media’s release or edition
May 1 The “S@t-ranj” newspaper (Gulistan) Having published only four editions, the existence of weekly socio-political newspaper “S@t-ranj” (“Chess”) was stopped. First edition of the newspaper was released on March 17 and attracted the readers’ attention at once because the articles about human rights, migration, opposition parties, “color” revolutions were published. The founder of the newspaper was “Fayz” private enterprise, located in Khankin area of Khorezm region, and the newspaper was printed in a printing house of Gulistan city in Syr-Darya region. As a source informs, the occasion for termination of the newspaper became pressure on the founder “from above”. In the end - the founder has refused to finance the newspaper, and its existence was stopped.
COMMENT According to article 16 of the Law “About MASS MEDIA” the termination of edition or release or edition of mass media is possible with the decision of the founder or court. According to the same article, in case of acceptance of the decision of termination by the founder of mass media the main editor or employee of edition can raise the question of establishment of mass media with the same name according to article 9 of this Law. In such cases the re-registration of mass media is required.
13. Restriction of access to web-sites
May 2 Internet - sites (Nukus) From the beginning of May all articles of critical character about Uzbekistan on a site fergana.ru, and also on such sites as uznews.net, adilsoz.kz and tribune-uz are blocked by Uznet, Uzskynet and Buston internet service providers. Attempts to open these sites through proxify.com are not always successful.
May 13 fergana.ru, centrasia.ru Internet - sites of news agencies fergana.ru and centrasia.ru stopped to work in the territory of Uzbekistan in connection with Andijan tragedy since May 13. These sites covered the events in Andijan in full length. At attempt to load the page the message “virtual server www.fergana.ru does not exist or temporarily does not function” appears.
May 18 Nukus In Nukus at attempt to read articles about a today’s situation in Uzbekistan on such sites, as Lenta.ru, Mail.ru, Rambler.ru there appears a message - restriction, the access to this resource is forbidden.
May 21 Internet - sites After the Andijan events of May 13, the blocking of Internet - sites has amplified. If on the first days providers blocked the selected pages of information resources, now authorities seem to be tired of monitoring 24 hours a day and decided to block them completely. On May 21 the popular online-editions fergana.ru, tribune-uz.info, uzland.uz, freeuz.org, uznews.net and others remain being blocked. At attempt of access to these sites, the main page of search system MSN Search opens or redirection to Search.com is carried out. On the Russian sites Lenta.ru, Gazeta.ru and RBK only the first page is opened, all other materials including the ones not concerning Uzbekistan cannot be loaded. The sites of Utro.ru, “Nezavisimaya gazeta”, NTV broadcasting company, Russian service of “Svoboda” radio and others are completely blocked. The sites of “Izvestiya”, RIA “Novosti”, Strany.ru, Pravda.ru, “Kommersant”, IA “Rosbalt” and Uzbek and Russian services of BBC are accessible for now. On some Russian sites, for example on Newsru.com, not all materials concerning events in Uzbekistan can be opened. As a research has shown, the pages containing certain words (for example, karimov), or images named by the same words are blocked here. Besides, the service of Yandex.news also cannot be opened through some providers, through which many users find news about last events in east of the country. The practice of anonymyzers’ sites blocking in Uzbekistan is not new at all. Many residents of the country have to arrange precautions at visiting Internet - resources and email-correspondence, and also at dialogue through ICQ. They only hope that the authorities will not block access to free mail services.
May 27 Internet - sites (Bukhara) Since May 14 the information sites www.tribune-uz.info, www.centrasia.ru, www.fergana.ru, www.uznews.net can not be opened in Bukhara. Any provider, working in the territory of Bukhara region, does not open the given sites. It was impossible to read the information concerning the Andijan events.
COMMENT The access to information is guaranteed by the Constitution and laws of the Republic of Uzbekistan. In articles 4 - 6 “About principles and guarantees of information freedom” it is stated, that according to the Constitution of the Republic of Uzbekistan everyone has the right to search, receive, research, distribute, use and to store information. The basic principles of information freedom are openness and publicity, general availability and reliability. Access to the information can be limited only according to the law and with the purposes of protection of freedom and human rights, bases of constitutional building, moral values of society, spiritual, cultural and scientific potential, safety of the country. The principle of information access freedom of citizens is broken under the pretence of human rights and freedom protection in Uzbekistan. The article 14 of the Law of the Republic of Uzbekistan “About principles and guarantees of information freedom” says, that the restriction in access to the information with the purposes of creation of a system counteracting to information expansion directed on destabilization of political condition is allowed. At blocking of a concrete site, the fact of destabilization should be confirmed and coordinated with materials placed on the site. In the civil-law relation the action the Internet - providers which block some sites, break their contractual obligations on delivery of the information to the user, as the Internet - service is on a paid basis. The users have the right to address to court for restoration of their rights.
14. Refusal in accreditation of the journalist
May 18 Dmitriy Yasminov, Viktor Muzalevskiy (Tashkent) The journalists of REN-TV - correspondent Dmitriy Yasminov and operator Viktor Muzalevskiy have left Uzbekistan. “Ministry of Foreign Affairs of Uzbekistan did not give them the accreditation and recommended to leave the country. Naturally, in such situation they have nothing to do but go back to Russia”, - has told the president of REN-TV Irena Lesnevskaya. The tickets for flight to Moscow were bought by Embassy of Russia in Uzbekistan for the journalists.
COMMENT According to article 11 of the Law of the Republic of Uzbekistan “About protection of journalistic activity” the foreign journalist can be accredited in territory of the Republic of Uzbekistan with the Ministry of Foreign Affairs’ agreement. Uzbekistan has signed set of international documents, which according to the Constitution and legislation of the country are higher than the laws of Uzbekistan.
15. Infringement of copyrights
May 18 Azamat Matkarimov (Nukus) The author and developer of www.kr.uz site Azamat Matkarimov has addressed to the editor of “Sauda” (“Trade”) independent edition Shavkat Salamov with the request to make a reference at a reprint of his photos in “Sauda”. However Shavkat Salamov has refused to Azamat Matkarimov’s request, having declared: “I reprinted and I will reprint, I am not going to refer to you. Do what you want!”. Then he has torn the conversation off and hanged up in a rough form. Photos from www.kr.uz site were published in edition of “Sauda” newspaper of 1 April, 2005 without the reference to the site. The site helps young journalists - publishes articles on different themes, and also carries out competitions for the beginning journalists, remote training seminars.
COMMENT According to articles 17, 18, 19, 22 of the Law of the Republic of Uzbekistan “About copyright and allied rights” the author of creative product has personal non-property and property rights in relation to his product. So, he has the right to a recognition as the author of his product, right to demand such a recognition at any use of product (copyright), right on copyright’s name, on inviolability of product, right on protection and also right on reward when the product is used by other persons. The personal non-property rights are inalienable. The property rights of the author are regulated by the appropriate authorship contract, when used by other persons. If someone uses product without consent of the author, as in our case, the author has the right to demand the restoration of his broken rights in judicial order.
16. Infringement of journalists’ labour rights
May 2 Feruza Tangriberganova, “Horazm haqiqati” (“The Khorezm truth”) On May 2 the main editor of the incorporated edition of newspapers “Horazm haqiqati” and “Horezmskaya Pravda” Rustam Iskandarov has fired the correspondent Feruza Tangriberganova “for irresponsible absence during the duty at release of new edition”. The point is that after the strips were made up F.Tangriberganova transferred them to a printing house for printing and went home, not having waited for an output of the first copy, and as a result has not signed it. F.Tangriberganova disagrees with the punishment of main editor. In her opinion, she is “not obliged to be present on duty till 12 o’clock”. Besides she did not receive any warning or reprimand before the order of dismissal. Moreover, the journalist considers: “unsigned newspaper can not be the reason for dismissal, as the edition was published without any mistakes and lacks”.
COMMENT According to parts 3 and 4 of the article 100 of the Labor Code of the Republic of Uzbekistan the employer has the right to stop the labour contract in case of regular infringements of the labour duties or unitary rough infringement by the worker. The actions of F.Tangriberganova do not match this article. F.Tangriberganova has the right to appeal against the dismissal within one month in judicial order.
III. CONFLICTS. ACCUSATIONS WHICH HAVE BEEN PUT FORWARD AGAINST MASS MEDIA AND JOURNALISTS
1 Accusations of distributing the doubtful information
May 15 Zokirjon Ibragimov (Andijan) The independent journalist from Andijan Zokirjon Ibragimov has addressed to all journalists and the world community. He writes: “I, the journalist, am addressing to you on behalf of all journalists, who were present at that drama in Andijan. Tell the whole world that the peaceful residents including women, children and old people are dying because of bloodshed arranged by the dictator Karimov. According to last data, which was just received from Andijan, on the square named after Babur there is a meeting with more than 10 000 participants now. They demand to stop bloodshed and to be humanist from Karimov. Today at seven o’clock in the morning many saw how the bodies of lost people during the storm of Andijan city administration were taken out. The amount of killed people reaches up to some hundreds. The bodies were taken out in 3 Lorries. Peaceful citizens, women and children who were standing as an alive board in front of regional administration were among them. I.A.Karimov was not shy to give the order on execution of peaceful residents. Today on a press conference carried out by I.A.Karimov, he justified his actions. Some journalists, who worked for foreign information agencies including BBC, Reuters, and IWPR are already detained. Colleagues, do not trust some Russian MASS MEDIA, especially ORT, which supports Karimov’s regime and gives one-sided cover of events in Andijan, naming these revoked people as terrorists, while all they demanded was just human rights observance. There are three artillery installations, which expect the next order to begin fire near the place of meeting now. Dear colleagues, I ask to transfer only objective information based on the truth, instead of that lie, which is broadcasted by the Uzbek and some Russian MASS MEDIA, supporting them. Let all that lie, that is broadcasted by them, remain in conscience of those journalists”.
May 21 Press-service of the president of the Republic of Uzbekistan (Tashkent) On Friday, the press-service of the president of the Republic of Uzbkistan Islam Karimov has accused the Russian broadcasting company NTV of “fabricating” the fact, that during the president’s conversation with the UN general secretary, the question of realization of independent international investigation of events in Andijan was considered. Despite of the messages of world MASS MEDIA that the sides have mentioned the given theme, the press-service has noted in the statement: “During the conversation there were no offers for realization of independent international investigation of recent events in Andijan”. “All of it is the next invention of the independent Russian telechannel NTV”, - the press-service has emphasized. On Saturday of May 20 the press-service of the president has also accused some MASS MEDIA of the publication of provocative materials: “In some mass media, including doubtful Internet - sites, there is provoking information on ostensibly unstable conditions in the city, however all of this does not correspond the reality at all”.
May, 25 “Halq suzi”, ”Pravda vostoka” newspapers (Tashkent) The journalists Ikram Sadykov and Olim Sharipov’s article “V zashitu nacional’nogo interesa uzbekskogo naroda” (“In protection of national interests of Uzbek people”) is published in “Halq suzi” (“Word of the people”) and “Pravda vostoka” (“Truth of East”) newspapers. The authors set six questions in the beginning of article, such as: “who and how finances hirelings, ready to sell the Native land for money and announces information war to our country”. Trying to answer these questions the authors, in particular, write: “Number of MASS MEDIA, famous rights protecting structures similar to them, try to prove us and “feed the whole world with fable” that peaceful demonstrators stood behind events in Andijan”… The Main editor of fergana.ru edition D.Kislov and so-called correspondents in Uzbekistan A.Kudryashov and A.Volosevich are ready “to sell their mothers” to earn some money. It is known, that money does not smell, even if it is sprinkled with blood of tens of people, in whose death such “freedom of speech protectors” are guilty. Some programs of BBC are example of not only “the double standards”, but also of “the standards in square”.
May 26 Sergey Yejkov (Tashkent) The independent journalist Sergey Yejkov’s article “Zametki ne postaronnego: Strannaya logika epohi Vyshinskogo” (“Non stranger’s notes: strange logic of Vyshinskiy’s epoch”) is published on freeuz.org internet site. In article, where the “Pravda vostoka” newspaper’s article “In protection of national interests of the Uzbek people”, published yesterday, is analyzed and in particular it is written: “The point is that “correct” analysis of the situation in the regional centre on May 13 is given by the same unknown people to the Uzbek journalists. And the analysis is rather specific, I would tell, in the best traditions of the worse times of the Soviet period. To take even the article in the governmental newspaper “Pravda Vostoka” of May 25. Under absolutely illiterate, but pretentious heading “In protection of national interests of the Uzbek people” the edition has placed a huge material, which tells that foreign and some domestic journalists working in Uzbekistan covered events in Andijan absolutely incorrectly, thus almost undermining the state structure of republic. Certainly, everyone has the right for point of view on different events, distinct from others. It is normal and natural. The lexicon of article applying for objectivity and impartiality amazes. Lexicon is practically the same as the well-known General public prosecutor of USSR Vyshinskiy used, convicting the next enemies of the people ostensibly aspiring to make an irreparable harm to the country, cooperating with western intelligence, undermining economic power of the native government”. Analyzing accusations stated in “Pravda vostoka” concerning the main editor of fergana.ru Internet - edition Danil Kislov and IWPR journalist Galima Bukharbaeva, S.Yejkov writes: “What can I say here? Stupid, unpersuasive, unproved and rather far from journalism. It is rather an illiterate propagation prepared by the same illiterate people, without any elementary professional knowledge and skills, who are self-confident that their word, which costs nothing, will be recognized as a word of truth. I shall tell more: with increase of periodicity of the similar publications the trust of the people of Uzbekistan to their leader will be reduced promptly. By a principle - the more articles, the lower level of trust, and so up to an absolute zero”, - the author concludes.
May 26 “Fidokor” newspaper In the edition of “Fidokorlar” party – “Fidokor” newspaper editor-in-chief Jaloliddin Safoev’s article with a heading “to whom and for what does the responsibility and aim of the word serve?” is published. The wrong interpretation of Andijan events by foreign and Russian press is criticized in the article. It is said in the publication: “Some western mass media, in particular, the US, British, United Arab Emirates and Russian broadcasting companies such as NTV, REN TV, newspapers “Novye izvestiya”, “Kommersant”, number of foreign rights protecting organizations do not hesitate to call the sortie of terrorists as “national revoke” or “peace demonstration”. The author of article criticizes principles of foreign press. In the publication, in particular, it is said that the mass media of foreign countries distribute the incorrect facts, false arguments and that foreign correspondents are ready to execute any order for the sake of material compensation. “Meanness and lie are always defeated, and blessing is the eternal winner”, - the author finishes his article.
May 27 “Mahalla” newspaper (Tashkent) On May 25 newspaper “Mahalla” has published Shuhrat Ulugzoda’s article with heading “Buhton kup, vijdon qaerda?” (“There is a lot of slander, and where is conscience?”). This volumetric article criticizes the Uzbek service of “Ozodlik” (“Freedom”) radio. As it follows from the article, “journalists of this radio are engaged in discrediting of the sovereign state in front of the world community, in sowing a panic and fear among the population by distributing slander and lie, in destroying trust of people to existing constitutional build”. According to author of the article S.Ulugzoda, journalists of “Ozodlik” radio represent terrorists as peace demonstrators and informed, that the governmental armies have opened fire on them, therefore thousands of innocent people were lost. The author of the article asked: “Is it radio or opposition?” and named all journalists of “Ozodlik” oppositionists. Article contains criticism concerning each correspondent of the Uzbek service of “Ozodlik” radio. The author has called them illiterate, cowardly, callous, blind executors of any orders of their management, ill-intentioned people.
COMMENT According to 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 a claim to court. At infringement of the personal non-property rights, such as honor, 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” and article 100 of the civil 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 claimant’s honor, dignity or business reputation 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. At infringement of their civil and professional rights, journalists and mass media, as well as any others subjects, have the right to declare corresponding claims and to demand elimination of such infringements.
The monitoring is prepared from Adil Soz international freedom of speech protection fund correspondents’ messages (Almaty, Kazakhstan)
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