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
Freedom of Speech in Tajikistan
Situation in September 2008
In September 2008, the NANSMIT Monitoring Service received 19 reports concerning violations of legal rights of journalists. Eight of them describe the factual situation in the media in the light of socio-legal and political environment; seven reports describe direct violations of rights of media professionals; and four 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
9 September
Radio Asia Plus, Dushanbe
On 9 September the private radio company Asia Plus celebrated its sixth anniversary (Vetcherny Dushanbe, #37, 11.09.09). Asia Plus was founded in 2002 as an information/entertainment broadcasting entity for Russian and Tajik-speaking audience.
10 September
Newspaper SSSR, Dushanbe
Sayofi Mizrob is a well-known journalist who has recently left Radio Liberty with a scandal, founded a new printing periodical called SSSR.
The publisher says that he has managed to mobilize well-known journalists – Rajabi Mirzo, Sukhrobsho Farrukhsho, Akhmad Ibragim, Asliddin Dostiev, Savkhat Burkhon.
The main purpose of SSSR is to take a new glance at the eighty-year-old history of Tajiks and to discuss the most scandalous topics of the XX-th Century, such as the Basmatchi movement and the Soviet heroes. The authors also have an intention to assess the future of the nation.
2. Journalists protecting their civil and professional rights
4 September
Kholili Sangin, freelance journalist, Dushanbe
Kholiki Sangin, former employee of Radio Liberty is reinstated in his position according to the decision of the Ismoili Somoni district court. The court also obligated the Tajik branch of Radio Liberty to pay salary to the journalist for the period of idle time.
The trial on the case of Sangin started in November 2007. In his plaint note, the journalist stated that Radio Liberty unlawfully terminated his employment contract. He also demanded an amount of $50 thousand from the employer as a moral compensation.
8 September
All media
On 8 September, the Tajik Union of Journalists held a round table on the occasion of the International Day of Solidarity of Journalists. The event was attended by Tajik editors and leading journalists.
10 September
Zafar Abdullaev, secretary general of the Tajik Media Alliance, Dushanbe
Zafar Abdullaev, head of Tajikistan’s Media Alliance called leaders of media unions and associations to unite in the efforts of creating a real mechanism of protection of journalists’ rights.
Abdullaev noted that the existing problems among journalists related to legal persecution, assaults, etc. occur due to the lack of solidarity and the absence of the mechanism for corporate support.
II. VIOLATIONS OF RIGHTS AMONG JOURNALISTS
1. Assault and beating of a journalist
4 September
Jurakhon Kabirov, freelance journalist, Millat newspaper, Kulyab, Khatlon province
Zainiddin Olimov, a district chairman in the city of Kulyab beat the journalist of the Millat newspaper for a publication containing criticism against him. Olimov chased the author in the city in his car.
The journalist sent a letter to the editor of Millat saying that that incident was not the first of that kind – he had received verbal threats from the chairman after previous publications describing unfair distribution of land plots in the district.
COMMENT
According to Article 36 of Tajikistan’s law “On printing and other mass media”, coercion of journalists to dissemination of information or refusal from dissemination of information applying violence or damage of property, as well as violation of rights of journalists by means of threatening entails responsibility described in the legislation.
Beating and deliberate damage of health are criminally liable (Articles 110-116 of the criminal Code). Threat of homicide or health damage form corpus delicti as described in Article 120 of the Criminal Code.
In order to prevent such cases, journalists are recommended to immediately apply to law enforcement structures to initiate criminal investigation.
2. Ungrounded denial in publicly important information
19 September
Abdulmumin Sherkhonov, editor, Pazhvok newspaper, Kulyab
On 19 September, Abdulmumin Sherkhonov, editor of the Pazhvok newspaper apploed to the Vose district prosecutor’s office. The journalist wanted to receive details of an accident that led to death of two boys caused by a hand grenade, which they found on the outskirts of their village.
The journalist was kicked out of the prosecutor’s office, and the law enforcement officials promised to close down his newspaper should he dare to approach them with any questions in the future.
In response, Sherkhonov gave an interview to the Mavji Ozod TV company making serious statements regarding the limitations in access to information.
The NANSMIT monitoring service knows the names of public officials who denied the requested information.
COMMENT
Freedom of speech and the right to use the mass media are guaranteed and protected by Article 30 of Tajikistan’s Constitution. Only data, which present the state secrecy, might be considered as an exception. The data mentioned above is not considered a state secret.
Article 31 of the law “On printing and other mass media” provides journalists with the right to look for, receive and disseminate information by all legal means. And Article 5 of the law in question obliges all government, political and public organizations, as well as their officials to provide the media with all requested data.
3. Ungrounded limitations in provision of publicly important information
4 September
Sughd newspaper, Khujand, Sughd province
Muboriz Toshtemurov, correspondent of the Sughd newspaper sent written requests to the province power supply and gas supply agencies. The journalist was going to learn about the preparation of these communal services to winter.
Toshtemurov told the monitoring service that his letters remained unanswered, and this is not the first time – officials of the province communal services are very reluctant to communicate with the media.
18 September
Millat weekly, Dushanbe
During two months, the administration of Rudaki district in Dushanbe ignored a written request of the Millat newspaper and telephone calls from journalists regarding infrastructural activities of the district named after the ancient Persian poet (this year, Tajikistan celebrates the 1150-th anniversary of the poet’s birthday).
23 September
Rustam Safarov, Khatlon province radio, Kurgan-Tube, Khatlon
Mr. Avzalov, chairman of Khatlon province issued a decree obliging university students to participate in cotton harvesting. According to Avzalov, this decision was assumed by approbation of the Tajik President Emomali Rakhmon.
Rustam Safarov, correspondent of the local radio station was trying to find out how many students of the Kurgan-Tube University will be involved in harvesting. The question was addressed to the university administration. The official said in response that such questions are beyond their competence.
COMMENT
Freedom of speech and the right to use the mass media are guaranteed by Article 30 of the Tajik Constitution. Only the data constituting the state or other secrecy protected by law are exceptions. According to Article 25 of the law “On information”, limitations on receipt of open information are prohibited.
According to Article 27 of the law “On printing and other media”, citizens have the right to receive reliable information via the media about activities of state institutions, public units and officials. This norm strictly obliges the state bodies and officials not to tolerate any “red-tapes” when journalists apply for information. Тем самым такие искусственные ограничения в получении информации являются незаконными.
4. Initiation of criminal case on Article 137 (public affront of the President of the Republic of Tajikistan and liable in his address) and Article 307 (public calls for overthrow of constitutional order)
23 September
Dodojon Atovullo, publisher of Charogi Rouz newspaper, Dushanbe
Following a request from the Interior Ministry, Prosecutor General’s office initiated a criminal case against Dodojon Atovullo, publisher of Charogi Rouz newspaper and leader of the Vatandor political movement.
At a press conference in Dushanbe held in July, the Tajik prosecutor general Bobojon Bobokhonov called Atovullo “information terrorist”. In particular, the prosecutor said that “…living abroad, that person humiliates honor and dignity of the Tajik nation in his publications, fouling the image of the Tajik state”.
In June, Atovullo convened a press conference in Moscow, where he openly stated that Tajikistan stands on the verge of a new civil war. Atovullo also explained that he is heading the opposition in exile and has not had possibilities to visit Tajikistan since 2004. He also voiced his personal forecast: “In fall-winter 2008, mass meetings and acts of civil disobedience will take place all over Tajikistan”.
COMMENT
Public affront of the President of the Republic of Tajikistan and liable in his address committed through mass media or the Internet entail imprisonment for the term from 2 to 5 years. Public calls for forced overthrow of constitutional order envisage deprivation of freedom for the term from 8 to 15 years. However, the extent of guilt of the defendant is defined by the court.
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