This monitoring presents a compilation of reports from Tajikistan’s media and private reports from the NANSMIT monitoring network in the country.
Coordinator of the Monitoring Network in Tajikistan:
Abdufattokh Vokhidov
Head of the Legal Service:
Orifjon Azimov
Head of the Project in Tajikistan:
Nuriddin Karshibayev
Situation in the sphere of Freedom of Speech in Tajikistan
August 2008
In August 2008, the NANSMIT Monitoring Service received 23 reports concerning violations of legal rights of journalists. Eleven of them describe the factual situation in the media in the light of socio-legal and political environment; ten reports describe direct violations of rights of media professionals; and two reports describe conflicts and accusations against the media and journalists.
I. PECULIARITIES OF POLITICAL, SOCIAL, ADMINISTRATIVE AND LEGAL CLIMATE IN THE COUNTRY DEFINING THE FACTUAL SITUATION IN THE MEDIA
1. Actions and behavior of officials defining the factual situation in the media
4 August
Zafar Saidzoda, Senior Advisor to the President of Tajikistan, Dushanbe
Zafar Saidov, Senior Advisor to the President of Tajikistan published an article in the Asia Plus weekly (#32, 6.08.08), where he shares his thoughts with readers how to create a decent image of Tajikistan abroad. According to Saidov, the moist efficient would be information/resource centers with a unified public coordination center under the President’s Office. Such a complex medium should be oriented towards the Russian-speaking and English-speaking information space.
2. Factual situation in the sphere of media and freedom of speech
15 August
Bokhtar newspaper, Bokhtar district, Khatlon province
Population of one of the most densely populated districts in Khatlon province does not have access to local information. Eight hundred subscribers of the Bokhtar newspaper cannot timely receive the periodical. Since 2007, the local authorities cannot appoint the editor of their own printing body. Mukimjon Mukhtorov, the only journalist of the newspaper has been in a hospital for two months. The newspaper accountant, Sanobar Khudoidodova, upon her own initiative, managed to organize publication of six issues in 2008. For several months, the newspaper employees cannot receive their salaries. The district financial office refuses to proceed with payment because of the absence of the editor’s signature.
3. Journalists protecting their civil and professional rights
6 August
Media Alliance of Tajikistan
The professional Media Alliance of Tajikistan (MAT) held a regular annual meting, where the members introduced essential amendments in the organization’s carter (Facts and Arguments weekly, #32, 6.08.08). In particular, the term of chairmanship of MAT’s secretary general is three years instead of the previous one-year term. From now on, the head of MAT can be reelected repeatedly, whereas previously, there was a principle of rotation in this position. Zafar Abdullayev, editor of the FC-Capital weekly and the Avesta information agency is the newly elected head of MAT.
7 August
Union of Journalists of Tajikistan and Drug Control Agency, Dushanbe
The Union of Journalists of Tajikistan (UJT) and the Drug Control Agency under the President’s Office launched a national contest for printing and electronic media on the best coverage of problems related to drugs and healthy life style “Say no to drugs!”
The contest is organized within the framework of the project “Public awareness on the danger of drug abuse and risk reduction among the youth of Tajikistan” financed by the European Union and implemented by the United Nations Development Program.
8 August
All media, Kulyab, Khatlon province
On 7 August, the women’s club “Umed” in Kulyab city gave handled awards to winners of the contest “Democratic society and gender equality”.
The contest was organized by the national public organization Gender and Development and its partners, regional press clubs. The contest was held within the framework of the project “Strengthening democracy and empowering women in politics” supported by the European Commission.
9 August
All media, Dushanbe
A three-day training “Access to information: cooperation and transparency” was held in Dushanbe for journalists, employees of the government institutions, the parliament and the Supreme Court of Tajikistan. Participants discussed legal and ethical principles of interrelations between the authorities and the media, international standards of journalism and access to information, new technologies for press services: audio, photo and video materials.
The training was conducted by the independent school of journalism Tajikistan – XXI Century under support of the Union of Journalists and NANSMIT.
10 August
All media, Khorog, GBAO
The public organization Madina in the city of Khorog, administrative center of Gorno-Badakhshan Autonomous Oblast (GBAO) held a contest for printing and electronic media on the issues of gender equality and development.
11 August
All media, Dushanbe
On 9 August, participants of the round table “Cooperation between the media and the government press services: achievements and perspectives” signed a memorandum on understanding.
In this document, participants recommend – inter alia – to Tajikistan legislative bodies to enhance the legal bases of access to information. Among concrete recommendations are the following: а) information should be presented by public officials to journalists upon request within three days; b) the most essential information should be presented without delay; c) information should be provided to the media for free.
Along with that, participants recommended to the government to support and promote press centers at all government institutions countrywide. A special necessity of having professional personnel and expansion of their authorities is outlined in the document.
13 August
All media
A round table on the topic “How to improve the coverage of women’s problems in the media” was held in Dushanbe (Millat weekly, #33, 13.08.08). Adolati Mirzo, editor of the Millat weekly proposed to create a media organization to tackle the problems of women, protection of their dignity and rights.
27 August
All media, Penjikent, Sughd province
The Tajik NGO Women of the East organized a two-day workshop on legal issues in journalism. The workshop was held for journalists in the city of Penjikent, Sughd province under financial support the Norwegian Helsinki Committee.
Participants studied the recent changes in Tajikistan’s law “On printing and other mass media” and discussed the problems of access to publicly important information.
According to the participants, self-censorship becomes a common feature of Tajik journalists, who adjust their publications to what is considered acceptable for the authorities. They try to avoid sharp angles in political, social and economic life of the country.
29 August
NANSMIT, UJT, Dushanbe
The National Association of Independent Media, Tajikistan (NANSMIT) and the Union of Journalists of Tajikistan (UJT) disseminated a joint statement concerning persecution of a local journalist Tursunali Aliyev. The author is persecuted by the authorities for criticism in his publications.
The media organizations stressed that Tajik journalists become subject to accusations while trying to protect interests of citizens, the society and the state.
On 9 August 2008, prosecutor’s office in Sughd province initiated a criminal case on Article 135, part 3 (libel) of the Tajik Criminal Code against Tursunali Aliev. The case is grounded on the article published on 12 September 2007 in the Tong newspaper. Aliyev has been working in the media for forty years. He is a member of the Tajik Union of Journalists.
Legal experts interpret the actions of the Sughd province law enforcement agencies as deliberate persecution of Tursunali Aliyev, and they serve the interests high-ranked officials. NANSMIT and UJT demand an objective investigation of this case to ensure supremacy of law.
II. VIOLATIONS OF RIGHTS AMONG JOURNALISTS AND THE MEDIA
1. Impediments to legal professional activities of journalists and the media
18 August
Jumaboi Tolibov, director of the Zeravshan Times news agency, Sughd province
Jumaboi Tolibov, director of the Zeravshan Times news agency was investigating a big road accident in Aini district, Sughd province. He was approached by a gentleman whose wife died in that accident. The man complained that a police officer confiscated gold jewelry that belonged to his late wife.
Tolibov asked the investigator about the value of the jewelry for the case under investigation. This question made the officer furious, after which Tolibov was accused of insult of a representative of a law enforcement agency. Moreover, the officer stated that Tolibov is drunk.
Tolibov passed medical examination, and there was no alcohol in his blood, which was also confirmed by the Ainy district interior officers.
COMMENT
Legislation of the Republic of Tajikistan (Article 30 of the Constitution and Articles 2 and 36 of the Law “On printing and other mass media”, Article 3 of the Law “On TV and radio broadcasting” guarantee the freedom of speech and the right to use the mass media.
According to Article 31 of the Law “On printing and other mass media”, journalists have the right to seek for, receive and disseminate information, to produce any records and use audio, photo and video equipment, except for special cases described in the law.
Any impediments to professional activities of journalists, and equally, coercion to disseminate or refuse to disseminate information forms corpus delicti according to Article 162 of the Tajik Criminal Code, and leads to imprisonment for up to five years.
2. Threats to journalists
13 August
Varorud newspaper, Sughd province
On 13 August Nabiyullo Sunnati, correspondent of the Varorud newspaper in Khujand was approached by two individuals who threatened him accusing the journalist of his recent publication.
In his article, Sunnati criticized high prices at the local fair. The journalists said that after the publication, the manager of the fair refused to provide some vendors with premises for selling their goods.
COMMENT
According to Article 36 of the Tajik law “On printing and other mass media”, coercion of journalist to dissemination or refusal from dissemination of information with applied violence or destruction of property entails legal responsibility.
Regrettably, cases of threats to journalists often remain beyond the attention of law enforcement structures. Partially, it happens because journalists themselves do not take such facts into account. It is recommended to journalists to inform the law enforcement agencies on each case involving threats against them or their relatives.
3. Ungrounded denial of providing publicly important information
5 August
Akhmadi Ibroim, freelance journalist, Kulyab, Khatlon province
Akhmadi Ibrohim told the NANSMIT monitoring service that he was collecting information on agricultural issues in Vose district. He approached the first deputy of the district chairman with a request for information. The official said in response that he cannot share any information with the media without a preliminary permission from the higher authorities.
12 August
Mahina Davronova, correspondent, Radio Imruz, Dushanbe
Mahina Davronova, correspondent of a private radio company Imruz applied to Mahmadali Yusupov, press secretary of the Supreme Court of Tajikistan with a question concerning the number of persons convicted to life in prison. The press secretary answered that the Supreme Court does not have such data, and, secondly, such information refers to the state secrecy.
COMMENT
The freedom of speech and the right to use the media are guaranteed by Article 30 of the Tajik Constitution. Certain data containing the state or any other secrets protected by law can be an exception. In cases described above, journalists were not interested in any state secrets.
Article 31 of the law “On printing and other media” ensures the right for journalists to look for, receive and disseminate information by any legal means. And Article 5 of the law in question obliges the government, political and public organizations, institutions and officials to provide the media with requested data. Denial of information can be discussed in court.
4. Ungrounded limitations in providing publicly important information
20 August
Zulfikori Ismoliyon, correspondent, Radio Liberty, Dushanbe
Heads of certain ministries and government agencies gave orders to their press services not to get into contact with the media and to restrain from providing journalists with information without preliminary permission from supreme management. Journalists are advised to send their questions well in advance in written form.
On 20 August, Zulfikori Ismoiliyon, correspondent of Radio Liberty tried to clarify this situation and asked representatives of the Ministry of Economic Development and Trade whether such an order has been given and to what extent it is legitimate. The Ministry officials gave no answer to the journalist.
COMMENT
Freedom of speech and the right to use the mass media are guaranteed by Article 30 of Tajikistan’s Constitution. Certain data containing the state or any other secrets protected by law can be an exception. According to Article 25 of Tajikistan’s law “On information”, limitations on receipt of open information is prohibited.
According to Article 27 of the law “On printing and other mass media”, citizens have the right on immediate receipt of reliable information via the media on activities of government institutions and public officials.
4. Violations of labor rights
1 August
Jaloliddin Sadriddinov, former head of the Interior Ministry press center
Jaloliddin Sadriddinov, former head of the Interior Ministry press center was reinstated in the office following the resolution of the Ismoili Somoni district court.
Sadriddinov was accused of production, dissemination and selling of video porno, but during the investigation, his guilt was not proven, and the order about his dismissal issued by the Minister of Interior is acknowledged invalid.
14 August
Sayofi Mizrob, journalist, Dushanbe
Sayofi Mizrob, former employee of Radio Liberty submitted an application against his former boss to the Ismoili Somoni district court demanding compensation for moral damage. (Nikoh newspaper, #21, 14.08.08). The journalist stated that his employment agreement was not in compliance with the Tajik Labor Code; he also complained that the local office of Radio Liberty did not pay his salary from October 2006 till June 2007.
COMMENT
The monitoring service has been recording numerous cases of violation of labor rights. It should be noted that journalists themselves try to protect their tights, and very often they succeed in this.
III. CONFLICTS. VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS
1. Libel (Articles 135-136 of Tajikistan’s Criminal Code)
27 August
Tursunali Aliev, Tong newspaper, Sughd province
On 9 August, the Sughd province prosecutor’s office launched a criminal case afainst Tursunali Aliev on Article 135, part 3 (libel) of the Tajik Criminal Code. The reason for launching the case was an article titles “Shame on the chairman” published on 12 September 2007 in the local newspaper Tong.
The author revealed facts of unlawful privatization of the state property in the district. After the publication, the chairman of Jabbarrasulov district was dismissed from his post, and the prosecutor’s office initiated a criminal case against his deputy (later, the case was terminated).
Along with that, a year ago, the authorities undertook attempts to bring Aliev to responsibility for his publication. The facts described in the article were considered by the prosecutor’s office, but due to the absence of corpus delicti, the case was not initiated.
However, the Sughd province prosecutor’s office has returned to this issue and re-launched the case against Aloev.
COMMENT
Article 135 establishes criminal responsibility if the person deliberately disseminates deceitful information defaming another person. Such crime can be committed only with specific intent. Otherwise, there is no corpus delicti.
This report is based on compiled materials from the media and private information presented by correspondents of the NANSMIT Monitoring Network
Coordinator of the Monitoring Service
Abdufattokh Vokhidov
Project Manager
Nuriddin Karshibayev