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June 2005
The freedom of speech violations’ monitoring has fixed 20 messages in June. 9 of them determine the actual situation of MASS MEDIA in socio-legal and political atmosphere of month, 11 contain the information on direct MASS MEDIA and journalists’ rights infringements.
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
June 27 Islam Karimov (Tashkent) The president of the Republic of Uzbekistan Islam Karimov has congratulated the journalists on Press and mass media Day. The chief of the state has noted the importance of mass media in Uzbekistan. As he said, that journalist, who lives by the interests of his country and nation, can deserve authority and respect. Islam Karimov has also stopped on a theme of “information war”, followed after May events in Andijan. The president especially noted that the foreign mass media very often are the instruments of ideological influence and serve to the mercenary purposes of some political forces. “We recently went through such a pressure on the example of artificial sensation, accusations and lie organised by some foreign mass media concerning terrorist actions, which took place in Andijan. It is appropriate to mention once again, that the similar information attacks organized and coordinated by a certain centre is nothing else but the attempt to press and influence on our country from outside, to turn us from the chosen way”, - the president has told. He has also noted that the superiority in the information space decides much and requires a strong protection of the national interests of each independent state not only from the political, economic and defensive point of view, but also from a position of informational safety. Estimating the work of local mass media in this regard, Islam Karimov has reproached them in “backlog of deep essence understanding, lagging in analysis and interpretation of occurring events in the country and in the world and in uncovering of available lacks and problems”. “Our journalists are not resolute and bold enough to interpret the today’s life, expectations and aspirations of compatriots widely and in detail, to introduce the democratic values to people’s consciousness in struggle against forces and barriers on the way of our development”, - he has explained. In president’s opinion the perfection of legislative acts, strengthening of material and technical basis, preparation of the journalistic staff and raising their qualification can help to solve problems, which exist in journalism and to develop the local press upon the level of world standards.
Actions of the officials, which determine the actual situation of mass media
June 12 Cable television, Karakalpakstan From June 12 the broadcasting of two Russian channels “RENTV” and “TVC” was suspended in all territory of Karakalpakstan. The licenses for broadcasting of these channels were cancelled for all six private companies engaged in retransmission of cable TV programs in the republic. According to one of the chiefs, it was the instruction from above, followed after the coverage of Andijan events by these channels. “We received the instructions from Tashkent relating to which channels should be broadcasted. Besides, we can not receive the license for broadcasting of the “31 channel” (Kazakhstan) and other Central-Asian channels”, - said the employee of one of the firms, who has asked to keep his name in secret. June 25 “Vesti Karakalpakstana” (“Karakalpakstan news”) (Nukus) In article devoted to the Day of press and mass media employees, director of Press and Information Agency of the Republic of Karakalpakstan Parakhat Palymov writes: “About 50 newspapers and magazines are issued in the republic today, and their number increases from year to year. We are using all available opportunities to increase the number of materials competent to the spirit of time, for preparation comprehensively competent, modern thinking journalists who are capable to cover the existing problems, to bring-up the state policy correctly and fair to the people in the newspapers and magazines. Number of measures on improvement of intellectual and material-technical opportunities of press and mass media are planned in the future”.
June 27 Gulasal Kamalova, Obid Shabanov (Bukhara) According to the editor of Bukhara regional TV Gulchehra Mirzaeva, she received an order from the management to prepare an article criticizing the work of “Ozodlik” radio correspondent Gulasal Kamalova and “Nemeckaya volna” (“German wave”) correspondent Obid Shabanov for the Day of journalists in Uzbekistan on June 27. Gulchehra Mirzaeva refused to prepare such an article, stating that she is familiar with both of the journalists. But she does not exclude, that the management will order someone else from her colleagues to do it. Only two foreign mass media correspondents work in Bukhara region.
June 09 Karakalpak TV (Nukus) After one and a half year break the broadcasting of “Tortinchi hokimiyat” (“The fourth authority”) television program was renewed on Karakalpak TV. It was closed at the end of 2003 after the series of critical materials about position of press in the region. The first release of the renewed program has been devoted to the work of the edition of “Jaslar” (“Youth”) youth channel and to the opening of the internet café for journalists in Nukus.
June 01 All state editions of Karakalpakstan From the beginning of June in all state editions all trips of journalists to the different sorts of seminars were non-officially denied. Editors of newspapers are going to demand an official letter with the program of seminar and the list of participants from the inviting side. “If the organization which carries out trainings will cause doubt of the editor or representatives of corresponding bodies, the journalist will not be allowed to attend the seminar”, - says one of the local newspapers’ correspondent who has asked to keep his name in secret. - If the journalist will go to this training, having taken a holiday without the maintenance or the hospital sheet, he will probably expect a conversation in the preventive purposes or dismissal”.
2. Freedom of speech and mass media’s actual position estimations.
June 1 “Khurriyat” newspaper (Tashkent) There has been published an article called “Nafs yo’lidagi haqiqatlar” (“The Bribable Truth”) in “Khurriyat” newspaper, where the correspondents of London Institute for Covering War and Peace Tulkin Karaev, Kudrat Babajan, Matlyuba Azamatova and others are criticized. The article says that Tulkin Karaev has been expelled from “Golos Ameriki” (“Voice of America”) radio, and Kudrat Babajanov has been dismissed from “Ozodlik” and BBC radios. Yusuf Rasulov is a bad journalist, therefore he got fired from BBC. It is written about Matlyuba Azamatova, that she cooperates with many nongovernmental organizations and “does not know herself, in how many places she works”. The article affirms that correspondents of Institute distribute false information about Andijan events for the sake of sensation and dollars.
June 8 “Mahalla” newspaper (Tashkent) There has been published an article called “Mertvye dushi” IWPR, trebuyushie jizni” (“Dead souls” of IWPR demanding lives”) in “Mahalla” newspaper “where the author - S.Muminov has accused the “Ozod Ovoz” internet - site of false information distribution. According to the author, power structures of Uzbekistan did not shoot neither at peace participants of meeting, nor at correspondents of foreign mass media. Also S.Muminov denies that the bullet has punched correspondent Galima Buharbaeva’s correspondent bag and press card. “If actually there was a bag and a press card punched by a bullet, G.Buharbaeva would show their photos on the Internet at once”, - the author considers. He thinks that G.Buharbaeva’s message that she found a letter stained with blood during the Andijan is also a lie. “G.Buharbaeva’s words that “this letter has been written by one of 23 businessmen accused and condemned for being an “akramiy” is the next lie. Such a letter does not exist in the nature”, - S.Muminov writes. At the end of the article he says: “In my opinion, it would be expedient if Minister of Foreign Affairs of Great Britain mister Jack Stro, who is shouting that laws are not observed in Uzbekistan to the whole world, has prevented numerous infringements of laws in his own country, and then would teach others how to observe laws”.
June11 Ibrohim Normatov, “Mohiyat” newspaper (Jizzak) At Jizzak regional Hokimiyat assembly the representative of republican “Mohiyat” newspaper Ibrohim Normatov informed, that the information distributed by foreign mass media is lie and there were no shootings at peace inhabitants in Andijan. “This is not a secret to anyone, that events in Andijan were organized by America and Britain with the help of the NATO”,- he has confidently declared from the tribune.
June 13 Khayrullo Ubaydullaev BBC radio (Tashkent) The correspondent Khayrullo Ubaydullaev acted with the mass media’s work analysis on air of BBC radio after the Andijan events. The journalist has noted, that the Uzbek mass media have declared propaganda war against the western states, independent organizations and foreign press after the Andijan events on May 13. It was said in the transmission, that the local press acts with convicting materials against foreign mass media which “aspire to accuse authorities of Uzbekistan of deliberate bloodshed in Andijan”. “In “Narodnoe Slovo” (“Word of the People”) newspaper there was published an article called “Drug poznayotsya v bede” (“A friend in need is a friend indeed”) and there it is written that America is enemy to Uzbekistan, while Russia and China are real friends. And such articles can be met in each edition of different newspapers”, - Khayrullo Ubaydullaev has noted. According to the author, same campaign proceeds till now in “O’zbekiston ovozi” (“Voice of Uzbekistan”) newspaper, where in every edition it is necessarily mentioned that “a real test has lain on shoulders of the Uzbek government”.
II. INFRINGEMENTS OF MASS MEDIA AND JOURNALISTS’ RIGHTS
Attacks on journalists and on their family members
June 14 Ulugbek Khaydarov (Karshi, Kashkadarya region) Independent journalist Ulugbek Khaydarov came to Karshi to meet with journalist from Kashkadarya Tulkin Karaev. The correspondent of Iranian radio “Mashkhad” and Institute for Covering War and Peace Tulkin Karaev has recently been sentenced to ten-day imprisonment and was deprived of his passport last week. Tulkin Karaev was under domestic arrest and was not allowed to leave Kashkadarya region. In the evening, approximately at 10 o’clock, Ulugbek Khaydarov went to his colleague’s house. When there were about 200 meters left up to Karaev’s house, two unknown persons coming towards him from the left and right sides of the sidewalk, unexpectedly have knocked the journalist down by several impacts and started to kick him. Karaev got his head broken. When he tried to clean the blood from his face, one of the attackers told: “Why did you come to Karshi? Get out to where you came from!” Casual passers-by, who made the attackers disappear, have saved the journalist from more tragic consequences.
COMMENT Irrespective of motives of the attack on journalist in the given case the attackers’ actions form a structure of crime against the person of the criminal code of the Republic Uzbekistan. These actions should be qualified under corresponding articles of the criminal code of the Republic of Uzbekistan and should be punished according to them depending on weight of the caused consequences.
3. Unreasonable detention of a journalist
June 9 Matlyuba Azamatova, Viktoria Logunova (Asaka, Andijan region) BBC correspondent Matlyuba Azamatova and the correspondent of “France-press” agency Victoria Logunova were going from Fergana to Andijan. In Asaka area the bus was stopped by a group of militiamen and employees of National Security Service, who started to check the documents. Many citizens did not have their passports with themselves and they were delivered to Regional Department of Internal Affairs. Although M.Azamatova and V.Logunova have shown their documents, they were also detained and their passports were taken away. Militiamen have refused on journalists’ request to show their IDs. Then they were invited in a cabinet where a long explanatory conversation took place. Militiamen have written down all data about them and the purpose of their visit. M.Azamatova informed that she was going to visit her parents with her daughter and friend. In 2 hours they have let the journalists off, having warned, that they should return to Fergana in 3 hours.
June 21 Nosir Zokir “Ozodlik” (“Freedom”) radio (Namangan) The employees of militia have delivered the correspondent of “Ozodlik” radio Nosir Zokir to Namangan City Department of Internal Affairs at 14 o’clock on June 21, 2005. Chief of the Department Ikrom Kuldoshev interrogated the correspondent for more than two hours on how the interview with Khaydarali Komilov went on air of “Ozodlik” radio, threatening to put the journalist in prison, having accused him according to article158 of Criminal Code of the Republic of Uzbekistan. (Encroachments on President of the Republic of Uzbekistan)
June 26 Gafurjon Yuldashev, “Ozodlik” radio (Andijan) The journalist Gafurjan Yuldashev has been detained by Andijan militia employees on June 26, 2005. As “Ozodlik” radio informs, Yuldashev was interviewing the representative of “Erk” party on Sunday morning in “Caravan” chayhana (national cafe), located in Yangibazar (New market) market. “Right after we entered the chayhana, we were followed by a young militia sergeant who introduced himself as Abdushukur. Then he left the building and in 3-5 minutes eight people, some in militia uniform, some in civil clothes entered and have started to search us”, - says Gafurjon Yuldashev. Then arrested persons were delivered to the Municipal Department of Internal Affairs where they spent about four hours, thus they were endlessly searched and interrogated. None of the employees of militia who took part in detention and interrogations, has not wished to introduce himself.
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.
1. Baseless realization of operative - searching measures
June 29 Zakirjan Ibragimov, Gafurjan Yuldashev (Tashkent) On the 29th of June, 2005 at 3 p.m. when the journalists Zakirjan Ibragimov and Gafurjan Yuldashev walked out of the Tashkent office of “Svoboda” (“Freedom”) radio to have lunch, two unknown people in civil clothes in the age of 25-30 were spying them. They communicated with the driver of “Tico” model car with Andijan number 17 AA 868 and probably were filming by a “hidden camera”, which was in their black bag. The fact of spying was also confirmed by the security guard of “Svoboda” radio, who was on duty that day. The security guard said that those people were watching the correspondents from the morning.
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. As such actions did not take place in the above-stated case, it is possible to say, that the collection of information about the journalists was illegal. 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.
Obstacles in legal professional activity
June 08 Matlyuba Azamatova, Victoria Logunova (Namangan) The correspondent of BBC radio Matlyuba Azamatova and correspondent of “France-press” agency Victoria Logunova came to Namangan to tell about the situation in the city after the events in Andijan. They talked to law protectors and representatives of opposition, but when the correspondents wanted to interview the people of Namangan, the deputy chief of City Department of Internal Affairs Bakhodir Tursunov came up to journalists and asked them to leave the city immediatly. Tursunov has forbidden the correspondents to continue their work, in spite of M.Azamatova’s objections that her job in the city is not completed. “We do not want to create problems for ourselves, you know what times these are now”, - the representative of militia declared.
COMMENT Freedom of searching, reception and distribution of 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 item 5 of Law of the Republic of Uzbekistan “About principles and guarantees of information freedom” the basic principles of information freedom are openness, publicity, general availability and reliability. According to the item 14 of the Law of the Republic of Uzbekistan “About protection of journalist’s professional activity” the officials of state structures, institutions of local governing, public associations, enterprises, establishments and organizations are responsible for violation of journalists’ rights on inquiry and reception of the necessary information, pressuring, intervention in professional activity and illegal requisitioning of materials and necessary technical means of the journalist. 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 item 269 of civil procedure code of the Republic of Uzbekistan.
June 22 Internet - cafe (Jizzak) All Internet - cafes in Jizzak started to be controlled after the Andijan events. The access to sites “CentralAsia”, “Ferghana.ru”, “IWPR” is prohibited. The disk drives are withdrawn from all computers. According to the visitors before sending any text via Internet, the disk is checked by the employee of cafe, and if there is nothing suspicious, he helps to send the message. It is natural, that such control is negatively perceived by the visitors, and the amount of them has sharply fallen in June.
COMMENT The secrecy of personal life, including secrecy of correspondence, telephone negotiations, is guaranteed according to article 27 of the Constitution of the Republic of Uzbekistan. According to article 15 of the law of the Republic of Uzbekistan “About telecommunications”, nobody has the right to break the secrecy of telephone conversations, telegraphic and other messages transmitted by telecommunication networks. All operators and providers are obliged to observe the secrecy of specified conversations and messages. The information about messages transmitted on telecommunication networks and the messages themselves can be given out only to their senders and receivers or their legal representatives. Listening to telephone conversations, acquaintance with the messages transmitted on telecommunication networks, reception of information about them and other restrictions of conversations and messages are allowed only in cases and orders specified by the Law. Officials and other persons who have infringed the rules of this article are called to account according to the Law.
10. Restriction on access to web-sites
June 14 Internet - sites (Bukhara) In the beginning of June none of the providers in Bukhara could open www.centrasia.ru, www.tribune-uz.info, www.uznews.net. internet-sites. Such a situation is observed since May 13, after the Andijan events.
June 30 Internet-sites (Andijan) From the beginning of June “Intal-telecom” Internet Service Provider has blocked such sites as: “centrasia/ru”, “fergana.ru”, “Musulman Uzbekistana”, “Ozodlik.org” and others. There is an inscription “the page cannot be displayed” at attempt to open one of these sites.
COMMENT According to article 22 of the Law of the Republic of Uzbekistan “About telecommunications”, the operators and providers are obliged: to realize the activity in telecommunications sphere according to conditions of the license and established rules; to provide quality of services according to the established standards, rules and norms; to observe the secrecy of telecommunications transmitted on networks, telephone conversations, telegraphic and other messages; to give the users duly detailed information on conditions and order of providing services, including the change of tariffs on services of telecommunications; to compensate the losses to users for nonfulfillment or improper performance of duties in providing telecommunication services, and also for nonfulfillment or providing the services of unsatisfactory quality according to the legislation of the Republic of Uzbekistan.
Unreasonable refusal in granting socially important information
June 13 Obid Shabanov, “Nemeckaya volna” (“German wave”) (Bukhara) The correspondent of “Nemeckaya volna” radio Obid Shabanov was preparing a report about the suspention of “Bukhartex” joint-stock company’s activity. The deputy director Mels Khojiev, to whom he addressed for explanation refused to give any kind of information on this occasion, having referred that the chief of the enterprise is on a business trip.
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.
The monitoring is prepared from Adil Soz international freedom of speech protection fund correspondents’ messages (Almaty, Kazakhstan)
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