 |
|
|---|---|
|
|
|
 |
|
|
|
|
|
July 2005 The freedom of speech violations’ monitoring has fixed 31 messages in July. 7 of them determine the actual situation of MASS MEDIA in socio-legal and political atmosphere of month, 22 contain the information on direct infringements of MASS MEDIA and journalists’ rights and 2 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. Freedom of speech and mass media’s actual position estimations.
July 11 “Koinot” (“Space”) broadcasting company (Bukhara) Broadcasting company “Koinot” has suspended its activity for the third time in last six months. The reason is absence of license for broadcasting. Cabinet of Ministers’ decision #592, called to adjust the order of licensing, is toughening the already complicated procedure of license reception on broadcasting of teleradio programs. Demand for reception of frequencies is very small in the republic today. There are only 27 private telestudios in Uzbekistan - one for each city and area except for Bukhara and Samarkand. All of them, as a rule, have their own channels and do not need other frequencies. This is the reason for absence of candidates for participation in tenders. Nongranting of license for absence of the second candidate is legalized refusal, which will result in closing of many non state telechannels. The second barrier - sum of money for licensing at the rate of 340 minimal salaries for a year plus 45 minimal salaries for distribution of mass media’s registration certificate, which is more than 3 million soums. “The most sad thing is that the telechannel which participated in tender and did not win because of second participant’s absence, is obliged to suspend its activity for 2.5-3 months. And it brings to losses, leaving of the qualified staff, loss of audience and advertisers’ trust, fall of channel’s rating etc. “It is unprofitable neither for state, nor for managing subject”, - the chief of “Koinot” channel thinks, who did not receive license because of second candidate’s absence.
July 02 Bukharbay Tileumuratov, “Erkin Karakalpakstan” (”Free Karakalpakstan”) newspaper (Nukus) In article “Pravdu govorit’ trudno?” (“Is it Difficult to tell the Truth?”) the journalist of “Erkin Karakalpakstan” newspaper Bukharbay Tileumuratov writes: “Having wide experience in the field of journalism, I can tell: today we, the journalists, have nobody to take an example from. I can tell it with complete confidence. But unfortunately, there are lots among us, who have very narrow outlook and don’t know what journalism is in general. They have got into journalism wrongly and it is very sad. Therefore, probably, there is interest to some editions and others are on the verge of closing. The most important thing is that their editors are not feeling remorse. Lots of journalists, to prove their innocence, blame the time and environmental reality. But even if sword is brought above a head, where are journalists who speak the truth?! Where are articles which cause a readers’ resonance and are remembered by them?” Further author names themes, which never appear in the newspapers: illegal currency operations, situation in the urban markets, cashing the money. “To tell the truth is not as difficult as remaining silent”, - Bukharbay Tileumuratov finishes his article.
July 08 Printing houses of Bukhara region Two state printing houses of Romitan and Shafrikan areas have been exposed on auction in Bukhara region. 26 % of the state share of these printing houses have been given out for attraction of investments. Other part was already given to the investors two years ago. Employees of printing houses consider that this is happening because government cannot contain the printing houses and provide them with raw materials. Almost all printing houses are already privatized in Bukhara region now.
July 16 “Vodiyni titratgan tun” (“Night which has shaken the valley”) “documentary” film, devoted to events in Andijan was shown on the first channel of Uzbek TV on July 16, 2005. Film began with the text of the announcer behind the frame: “There are two countries which head antiterrorist coalition among the states envying riches and stability of Uzbekistan”. After these words frames with the images of White house with national flag of the USA in Washington, and Big-Ben’s chiming clock with national flag of Great Britain in London were shown. Film is not based on videos and photographing of events, but on stories of local Hokimiyat (mayoralty) representatives and prisoners. Local journalists have accused correspondents of foreign mass media of writing lie, interviewing terrorists by which giving them a political tribune.
July 26 ”Vesti Karakalpakstana” (”News of Karakalpakstan”) (Nukus) Letter of R. Kalandarova, the secretary chief of Women’s Committee of Ministers’ Council of the Republic of Karakalpakstan was published in “Vesti Karakalpakstana” newspaper with a heading “Responses” on July 26, 2005. The author writes: “Those hot days me, my friends and relatives watched the occurring events closely on TV, read newspapers and listened to radio. And consequently I was shocked by slanderous attacks of some foreign mass media which distributed dirty slander about execution of peaceful demonstrators in Andijan... And why did these mass media bypass their attention off that fact, that these “demonstrators” have grasped innocent soldiers, their weapons, have taken peaceful citizens as hostages, tried to attack administrative buildings? It turns out very interesting. I see this, but I don’t see that, that is why I speak what is convenient for me? No, dear authors, we have already passed through it: to write what is favorable and convenient for you. Won’t work out. We, thank God, are also educated and can distinguish between black and white. It is sad, that some respected editions have picked this delirium up...”
2. Mass media and journalists’ actions on protection of civil and professional rights
July 06 Feruza Tangriberganova “Khorazm haqiqati” (“Khorezm truth”) The editor-in-chief of the incorporated edition of “Khorazm haqiqati” and “Pravda Khorezma” newspapers Rustam Iskandarov has cancelled the order on dismissal of correspondent Feruza Tangriberganova and restored her on her former post on July 6. Thus, F.Tangriberganova’s claim for restoration at work and payment of salary during the compelled prorumble is satisfied up to court. In F.Tangriberganova’s opinion, the editor-in-chief was frightened of the facts stated in her statement to Service of National Security’s regional department.
July 18 Nodira Samandarova, Navoi Broadcasting Company (Navoi) Inspector of Navoi Department of Internal Affairs Kamol Shukurov met with journalist Nadira Samandarova and started to clarify why she goes to Tashkent so frequently. He was also interested in which Internet - sites her articles are published. The inspector has stopped interrogating N.Samandarova, after she said that will answer his questions only after he calls her officially.
II. INFRINGEMENTS OF MASS MEDIA AND JOURNALISTS’ THE RIGHTS
1. Attacks on journalists and on their family members
July 06 Rajabboy Raupov (Bukhara region) The journalist Rajabboy Raupov was beaten up near his house at approximately 2:30 p.m. on July 6 in Shafirkan area of Bukhara region. The unknown person struck him with a heavy metal subject on his head for several times and disappeared from the place of crime. The journalist was delivered to regional hospital with a heavy craniocereberal trauma, where a quick operation was made. Doctors estimate R.Raupov’s health condition as heavy. Recently R.Raupov was trying to open his own newspaper called “Shofirkon ko’zgusi” (“Mirror of Shofirkon”) in Bukhara region. However Bukhara Department of Press refused on newspaper’s registration. On March 30, 2005 the journalist released first trial edition of the newspaper which contained articles about regional Hokim (major) Ahmad Rahmanov’s frauds. R.Raupov’s materials with discussions of local population’s social problems, criticism of Bukhara region’s officials’ activity were met in republican press – “Fidokor”, “Adolat”, “Ishonch” newspapers very often. A criminal case is arisen on the fact of attack on journalist, investigation is carried out. Khusniddin Akramov, 1974 year of birth, resident of Shafirkan area of Bukhara region is detained due to suspension of making the attack.
July 10 Ruzibay Matkarimov, “Yangiarik ovozi” (“Voice of Yangiarik”) (Yangiarik area) On July 10 the press photographer of “Yangiarik ovozi” newspaper Ruzibay Matkarimov was beaten up by Odilbek Bekjonov, the chairman of Trade-union committee of Yangibazar Regional Hokimiyat. Having thrown him through his shoulder, O.Bekjonov has struck the correspondent on beton twice. The critical material published about children’s summer camps in the newspaper became an occasion for fighting actions. The journalist who is being treated in the central regional hospital now, considers that O.Bekjonov is not afraid of anything as his brother is Hokim (major) of Yangiarik area.
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.
2. Threats to journalists
July 6 Ulugbek Khaydarov (Jizzak) On July 6 two unknown persons have approached to the independent journalist - Ulugbek Haydarov’s house on red “Tico” (model of car). When the journalist’s sister Nortoji Haydarova went up to them, they began to demand, that her brother should leave Jizzak. “We are warning you, tell him to leave the city while it is not late, otherwise it will be very bad for him. We advise you to leave too, otherwise we will expel all your family from the city”, - they threatened. On the following day U.Haydarov came to regional branch of State Automobile Inspection with the purpose of finding out who the owner of the motor vehicle is. The first deputy chief of regional State Automobile Inspection Abdulla Kadirov, having considered Khaydarov’s statement, answered, that such car does not exist in the city. A red color “Tico” with state number 13 D 86-06 is not registered in regional State Automobile Inspection, therefore we cannot tell who the owner is”, - said A.Kadirov to the journalist.
July 03 Khakimjan Inamov (Jizzak) The head of Jizzak city administration Khakimjan Inamov came to Jamshid Karimov - independent journalist’s house and started to persuade his mother Muslima Karimova that her son should not communicate with independent journalist U.Haydarov. “We know that your son is the nephew of our president, and the friendship with U.Haydarov will not bring anything good to him. Ask him to keep away from him, and Ulugbek will soon be punished, - Hokim of Jizzak said.
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. Ulugbek Khaydarov has the right to address to law enforcement bodies with a statement.
3. Illegal detention of the journalist
July 18 Erkin Yakubjanov (Andijan) The independent Kirghiz journalist, correspondent of “Valley of peace and disputes” project Erkin Yakubjanov was detained on “Dustlik” check point. The project began its work after the events in Andijan. Erkin Yakubjanov was going to interview the Uzbek frontier guards concerning the Andijan events. He was detained and taken away to Andijan, to the department of internal affairs where he was accused of illegal crossing of the border. Employees of Internal Affairs Department have forced Yakubjanov to call his colleagues Pavel Gromskiy, Khayrullo Mirsaidov and others to a meeting.
COMMENT Actions of frontier guards are illegal and break constitutional laws of citizens on freedom. Journalists did not make any illegal actions and there are no reasons to suspect them in making any crime. 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.
4. Obstacles in legal professional activity
July 17 Zakirjan Ibragimov (Andijan) The IWPR correspondent Zakirjan Ibragimov was stopped in Bukhara street by two mahallya (local block) bodyguards and was requested to show his ID when he wanted to take an interview from the witnesses of Andijan events. After they found out that Z.Ibragimov is IWPR correspondent, they called to Service of National Security Regional Department. Bodyguards wanted to take the journalist to Service of National Security by force, but Z.Ibragimov quickly sat in taxi which was waiting for him and left.
July 5 Zakirjan Ibragimov (Andijan) The IWPR correspondent Zakirjan Ibragimov came to vegetable market, which is located in “Old city”, with the purpose of report preparation about situation in the market. As soon as he wanted to interview the dealers, he was stopped by the employee of the market, who requested to show ID without introducing himself. He declared: “You need a special permission from Service of National Security in order to prepare a material, without this document you have no right to talk to the people”.
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 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 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 article 269 of civil procedural code of the Republic of Uzbekistan.
5. Infringement of the constitutional guarantees for freedom of speech and creativity
July 9 Zakirjan Ibragimov (Andijan) The IWPR correspondent Zakirjan Ibragimov arrived in Andijan to take an interview from local residents about the Andijan events, but he could not do it. One of the residents of Andijan declared, that the representatives of mahallya (local block, region) assemblies have warned all residents, that they should not give any interviews to foreign journalists. “Otherwise we will simply be arrested or tortured”, - other townspeople have also confirmed.
COMMENT Article 29 of Constitution of the Republic of Uzbekistan, article 2 of Law of the Republic of Uzbekistan “About mass media” and article 5 of Law of the Republic of Uzbekistan “About protection of journalist’s professional activity” guarantee the freedom of speech and creativity, give the journalist the right to collect, analyze and to distribute information. Everyone has the right to act in mass media, to state his opinions and beliefs. Nobody has the right to specify the subjects of publications and time of their publication to the journalists, to require certain contents in the publications from them.
6. Unreasonable refusal in granting socially important information
July 2 Mahmud Khaitov, Nodira Samandarova, regional television (Navoi) The editor of regional TV Nodira Samandarova and operator Mahmud Khaitov had to take a plot about “Navoi-Silk” Uzbekistan-UAE cocoon processing joint venture. But the director of joint venture Sherali Khamraev refused to give any information and has forbidden the realization of shootings, having explained, that the minister has forbidden to give any information about joint venture to MASS MEDIA.
July 7 Mehribon Bekieva, “Svoboda” (“Freedom”) radio (Khorezm region) The main editor of the incorporated edition of “Horazm haqiqati” and “Horezmskaya Pravda” (“Khorezm truth”) newspapers Rustam Iskandarov refused to show the order on acceptance to work of recently illegally fired Feruza Tangriberganova to the correspondent of “Svoboda” (“Freedom”) radio Mehribon Bekieva. “The Documents of edition are confidential, they can be given only to the employees of edition”, - R.Iskandarov said.
July 27 Obid Shabanov, “Nemeckaya volna” (“German wave”) radio (Bukhara) The correspondent of “Nemeckaya volna” radio Obid Shabanov has addressed to representation of “Uzbekneftegaz” joint-stock company for confirmation of the fact of gas pipeline explosion in Gazli-Ural area (Gazli, Bukhara region). But the worker of representation, not having presented, has declared that this information is for administrative use, and that he can not give it to the correspondent at any cost.
July 18 Gulasal Kamalova, “Ozodlik” (“Freedom”) radio (Bukhara) The correspondent of “Ozodlik” radio Gulasal Kamalova has addressed to the assistant of Shafirkan area’s hokim (major) Abdurahman Sharipov by local residents’ request, who are angered by wine point’s location near their houses. But the official has refused to inform the journalist, on what basis was the ground allocated for wine point.
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”.
7. Infringement of publicity of judicial process
July 11 Mustahkam Tangiyorova, BBC radio, Komil Ashurov, independent journalist (Samarkand) The judge of Samarkand regional court on criminal cases Sh. Subhonkulov has forbidden to journalists Mustahkam Tangiyorova and Komil Ashurov to be present at open judicial process on 5 citizens of Uzbekistan, residents of Samarkand region accused of participation in “Khizbut Tahrir” forbidden religious organization.
COMMENT Article 10 of the Civil Procedural Code of the Republic of Uzbekistan has established the publicity of proceeding in all courts, except for cases when it contradicts the interests of state and trade secrets. The closed proceeding is also allowed by motivated definition of court with aim of preventing the disclosure of private life data of persons participating in case, and also maintenance of adoption secrecy and secrecy of correspondence. It means that any citizen has the right to attend and make corresponding records in all open judicial sessions. According to article 9 of the Law of the Republic of Uzbekistan “About mass media”, “the employee of edition has the right … to use audio and video equipment in gathering facts, a testimony evidence”. In article 5 of the Law of the Republic of Uzbekistan “About protection of journalist’s professional activity” it is established, that “During the realization of professional work the journalist has rights to collect, analyze and distribute information; To address to the government bodies, self-government institutions, public associations, the enterprises, establishments and the organizations to receive information; to get access to documents, materials and information, except for the ones that contain the data of state or other secrets protected by the law; to make notes according to established rules, including the use of necessary technical means; to attend public sessions of court … “. The cases in the closed session of court are conducted with all rules’ observance of legal proceedings. The decision of court is announced publicly in all cases.
8. Interdiction on MASS MEDIA’s broadcasting.
July 26 Cable TV (Nukus) Since July 26 by special order of the Ministry of telecommunications of Uzbekistan the broadcasting of four Russian channels - TNT, STS, MUZTV and MTV is forbidden. One of the firms’ employee, engaged in retransmission of cable TV programs said, that “the transmission of these channels is forbidden because of morally - ethical reasons, as they do not correspond to mentality of Uzbek people”.
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”.
9. Unreasonable calling, bringing of the journalist to law-enforcement bodies
July 22 Nasir Zakir, “Ozodlik” (“Freedom”) radio (Namangan) In the morning of July 22, 2005 two militiamen came to Nasir Zakirov – “Ozodlik” radio correspondent’s house and demanded to come with them to the Department of Service of National Security. But the inspector who has ordered to bring the journalist was not on his place, therefore the correspondent was released with a condition that he will come back at 16 .00. In the appointed time inspector of Service of National Security Dilmurad Isamukhammedov interrogated the correspondent. The interrogation lasted 3 hours and only one question interested the inspector: Why did the journalist interview someone called Khaydarali Komilov for “Ozodlik” radio.
COMMENT The actions of policemen in the given case are not based on law. According to articles 97, 261, 262 of Civil Procedural Code of the Republic of Uzbekistan the witness, victim, suspected and accused persons are called to interrogation by call-up papers. Call-up paper is sent by mail or by courier. The call can also be made by telephone message, telegram, or by telefax. Call-up paper should contain information on: who is called as who; to what address and to whom exactly should the called person address; day and hour of coming; and also consequences of not coming without a reason; Call-up papers are given on receipt to the recepient. In case of temporary absence of the calling person the paper is given to his family member, administration of dormitory, the owner of the house which he rents or representative of a citizens’ self-management body. In case of not coming without an excuse witness, suspected or accused person can be brought forcibly. But only according to the motivated decision of investigating inspector. Employees of Internal Affairs Department are obliged to acquaint the person - subject to be brought forcibly, with the decision.
10. Unreasonable requirement for granting the information
July 8 Sanjar Yahyaev (Samarkand) Two militia employees came to the independent teleoperator from Samarkand - Sanjar Yahyaev’s house on July 8. One of them, having introduced himself as Iskandar, has informed that they came for checking by an order from Tashkent and should get acquainted with activity of Sanjar Yayaev’s recently registered firm. Sanjar Yahyaev is younger brother of the employee of “Internews Network” representative office in Uzbekistan Solekh Yahyaev. In his free time he shoots plots for “Open Asia” television project of “Internews” international organization. After conversation the employees of Samarkand Department of Internal Affairs have asked Sanjar Yahyaev to write an explanatory letter about his activity.
COMMENT According to article 25 of the Constitution of the Republic of Uzbekistan, each citizen has the right for freedom and personal inviolability. The employees of militia should have legal substantiation for their actions of information collection and acquaintance with firm’s activity and should acquaint the person who they addressed to with this document. Otherwise their actions are illegal. In case if militia employees don’t have lawful bases for gathering information, the journalist has the right to appeal against their actions to higher bodies.
11. Restriction of access to web-sites
July 20 Internet sites (Navoi) After the Andijan events www.uznews.net , www.tribune-uz.info , www.ferghana.ru , www.ozodlik.org informational internet sites cannot be opened in Navoi region. The deterioration of connection quality is observed in all Internet Service Providers. The managers of “Uznet” internet provider admit that even mail services do not work. They say that it is connected with Tashkent.
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. 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.
12. Infringement of journalists’ copyrights
July 13 “Turkiston” (Tashkent) The author of “Egizak maqolalar” (“Twin articles”) article published in 25th edition of “Khurriyat” newpaper on July 13, 2005 Sarvar Khurramov accuses “Turkiston” newspaper employees of plagiarism. S.Khurramov’s article “Me’yor va mezon” (“Norm and criterias”) is published here under the authorship of this newspaper’s correspondent Nasiba Yusupova. Articles of students Sevara Jabborova and Dilafruz Jurakulova had the same fate.
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.
13. Infringement of journalists’ labor rights.
July 11 Dildora Khudoynazarova (Navoi) The journalist Dildora Khudoynazarova worked in republican “Sog’lom avlod uchun” (“For the health of generation”) magazine for several years. After deterioration of her health condition she came back to Navoi. Regional Hokimiyat and social maintenance department gave a direction order to regional teleradio company through quota to the disabled of the second group D.Khudoynazarova. Although the announcement of vacant places for journalists was broadcasted in Teleradio Company constantly, the chief of company Gulom Sultanov has refused D.Khudoynazarova to give the job. According to the journalist, the reason of refusal is that her brother prays and left Uzbekistan some years ago.
COMMENT According to article 6 of the Labor code of the Republic of Uzbekistan all citizens have equal opportunities in possession and use of labor rights. Establishment of any kinds of restrictions or granting advantages in the field of labour relations depending on sex, race, nationality, language, social origin, property, official position, attitude to religion, belief, belonging to public associations, and other circumstances which are not connected to the business qualitiy of workers and results of their work is inadmissible and is discrimination. The person considering that he has been discriminated in sphere of work can address to court with the application for eliminating the discrimination and compensation of the material and moral harm.
14. Infringement of the economic rights of MASS MEDIA and journalists
July 28 Karakalpak TV (Nukus) Editors of teleprograms have to buy film-making and editing videocassettes for their own money because of money absence in the account of a broadcasting company of Karakalpakstan . Cost of one cassette changes from 2 up to 3 dollars. “We are compelled to use the cassettes bought for our own money for five - six times, which definitely affects on quality of materials. But we cannot raise the given question, because there is going to be a big reduction of employees and those who start to demand their rights will be first in the list”, - one of teleprograms’ editors informs.
July 11 “Yangiarik ovozi” (“Voice of Yangiarik”) (Yangiarik area) Hokim of Yangiarik area Bekjonov started to make an economic pressure on the edition of “Yangiarik ovozi” newspaper the founder of which is the regional hokimiyat itself. The reason is the critical publication about one of hokim’s close relatives. Release of the newspaper is suspended because of financial problems, and editor J.Yusupov is compelled to ask hokim for execution of founder’s obligations. But A.Bekjonov has answered: “If you will continue criticism, nobody will subscribe and buy your newspaper. You will get nothing from hokimiyat”.
July 11 “Karakalpakstan jaslary” newspaper (”Youth of Karakalpakstan”) (Nukus) “Karakalpakstan jaslary” one of the republic’s most popular editions’ editorial team does not receive fees and “travel cards” within four months. The majority of journalists refused for the transfer of their money to municipal services’ payment account, having demanded to give out the earned money in cash. However, due to absence of money in Karakalpak branch of “Ipoteka-bank” account, book-keeping department cannot pay correspondents cash money. The similar situation is observed practically in all state editions of Karakalpakstan today.
COMMENT Any managing legal subject has the rights and duties stipulated by law or gets rights and duties by making civil-law agreements (contracts). Rights and duties generate agreements (contracts) in our cases it is charter and the contract of banking service. Treaty conditions are obligatory for the sides who signed it. In case of default or inadequate performance of treaty provisions by one of the sides, other side has the right to demand the appropriate performance of contract and to demand all losses caused by such default, including the lost benefit.
III. CONFLICTS. ACCUSATIONS WHICH HAVE BEEN PUT FORWARD AGAINST MASS MEDIA AND JOURNALISTS
1. Accusations of activity realization without the corresponding license.
July 19 Internews Network (Tashkent) On July 19, 2005 the Court on Criminal Cases of Yakkasaray area in Tashkent has received the statement of claim. In the claim representing state interests the Office of Public Prosecutor of Yakkasaray area demands to stop Internews Network US representative office’s activity in the Republic of Uzbekistan. An occasion for the claim was the arising of criminal case on citizens of Uzbekistan Khalida Anarbaeva - executive director and Olga Narmuradova - bookkeeper of the representative office by Office of Public Prosecutor of Tashkent according to part 2 of article 190 of Criminal code of the Republic of Uzbekistan - Making activity without license on preliminary arrangement by group of people on February 2005. The “Internews Network” USA representative office is accused of five “Erkin Suz” collections edition without their registration as mass media, preparation and distribution of “Zamon” and “Jarayon” programs without the license, monopolization of local mass media by rendering free aid, opening of Media - resource Center on Rights Education of lawyers, journalists, lawyers occupied in sphere of mass media without the corresponding state registration, infringement of cash operations’ conducting Rules by the legal person, absence of agreement with the registering body of time, place, order and the agenda of planned enterprises, manufacturing of representative office’s press without the permission of bodies of Ministry of Internal Affairs of the Republic of Uzbekistan and usage of symbolic of not state noncommercial organization without state registration. In spite of the fact that judicial process is open, foreign observers were removed from the hall of court by the chairman, and also the Russian lawyer who was invited for rendering juridical aid in the given case. Presumably for judicial process’ covering there are representatives of local and foreign mass media in the hall of court.
COMMENT According to part 1 of article 190 of Criminal code of the Republic of Uzbekistan activity which is subject to licensing, that is without reception of special permission, made after application of the administrative penalty for same actions is punished with a fine from 25 till 75 minimal salaries, with deprivation of a certain right up to 5 years or corrective works till 3 years. In part 2 of the article 190 of Criminal code of the Republic of Uzbekistan it is said, that activity which is subject to licensing, that is without reception of the special permission, made by dangerous recidivist or on preliminary arrangement by group of persons is punished with a fine from 75 till 100 minimal salaries or with arrest up to 6 months. The following action of Office of Public Prosecutor, such as the statement of claim in state’s interests about the termination of “Internews Network” representative office’s activity in the Republic of Uzbekistan, declared during the process of criminal case should be considered in civil order.
2. Requirements for honor, dignity and business reputation protection, which follows from publications of facts of a certain information
July 21 “Put’ k spravedlivosti” (“Way to justice”) newspaper (Fergana region) First judical proceeding has taken place in Inter-regional court on civil cases of Uzbekistan area in Fergana region on region’s resident - Khurshida Melieva’s claim for moral harm compensation in sum of 100 million soums on July21. The reason of the claim is article published by employees of regional Office of Public Prosecutor Mukhamadjon Abdulajanov and Rahmat Abduraihimov more than a month ago in “Put’ k spravedlivosti” newspaper which belongs to Office of Public Prosecutor of Fergana region. It was said in the article, that Melieva has no right to claim for joint property after the divorce with her husband. According to legal assistant from Fergana Mutabar Tajibaeva, the court has not invited respondents. “Moreover, judge Sanim Usmanov told, that he is not going to do it, as such precedent did not happen yet”, - she informed to journalists from Tashkent .
COMMENT 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. 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.
The monitoring is prepared from Adil Soz international freedom of speech protection fund correspondents’ messages (Almaty, Kazakhstan)
|
|
