This report is based upon messages from the Tajik media and the NANSMIT monitoring network.
Moderator of the monitoring network in Tajikistan
Abdufatoh Vohidov
Chief of legal service
Orifjon Azimov
Chief of project in Tajikistan
Nuriddin Karshiboev
Freedom of Speech in Tajikistan
February 2010
In February 2010 the NANSMIT Monitoring Service received 21 reports. Twelve of them describe the factual situation in the media in the light of socio-legal and political environment; five 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. Public speeches and statements of superior officials defining the factual situation in the mass media
2 February
Muhiddin Kabiri, leader of the Tajik Islamic Renaissance Party, Dushanbe
“The Tajik independent mass media have become more courageous turning the attention of the society to such problems as corruption, inefficiency of the public bodies, etc., which is the explanation to the frequent facts legal cases initiated by the authorities against the independent outlets”, — Muhiddin Kabiri, leader of the Tajik Islamic Renaissance Party told the Asia Plus news agency.
Kabiri noted that this trend is seen as a peculiar pressure upon the media, whereas the non-state newspapers, radio and TV companies apply self-censorship in their own activities.
Kabiri advised media professionals to unite and jointly protect their interests. “There have been certain cases when journalists remained alone in their struggle with the judicial system, and certain officials know that it might be easy to daunt the media, especially private outlets”, — he added.
The Party leader also said that “in this situation, journalists should publish even more audacious stories – because the “retreat” is seen as weakness, or it might stimulate officials to keep pressing the media.
2. Factual status of the media and the freedom of speech
4 February
Committee for Protection of Journalists (CPJ, USA), Dushanbe
The Committee for Protection of Journalists (CPJ) called Tajik judges to revoking their legal actions against the three popular Tajik weeklies.
“Asserting that the newspapers Ozodagon, Farazh, and Asia Plus published stories discrediting their honor and dignity, two judges of the Tajik Supreme Court and one judge of the Dushanbe city court made a claim against them demanding 5,5 million Somoni (about $1,2 million) as a moral compensation. The judges also demand to terminate the issuing of these newspapers until the end of the trial. The first hearing is scheduled for 23 February”, — the report says.
Umed Babakhanov, director of the Asia Plus media holding told CPJ that the case was initiated after the publication based on the information voiced at a press conference held by a lawyer in the northern Tajik city of Isfara. The lawyer criticized the judges for an unfair verdict. He also stated that the judicial system in Tajikistan is corrupt referring to other cases and verdicts.
8 February
Miclosh Kharasti, OSCE representative on media freedom, Vienna
The OSCE representative on the media freedom in Vienna, Miclosh Kharasti condemned the legal cases initiated by public officials against the media in Kazakhstan, Tajikistan and Hungary. He called these actions “dangerous attempts to introduce censorship”. The cases were initiated because the publications contained quotes and statements made by public figures.
“In order to exercise their right to freely disseminate information, the media must not bear responsibility for publication of information from other sources. If certain statements are seen as offensive, legal procedures should be applied against the authors, but not against the media”. – said Kharasti.
24 February
The US Embassy in Dushanbe
The US Embassy in Dushanbe expressed concern over the recent actions against the five independent newspapers – Asia Plus, Ozodagon, Farazh, Paikon, and Millat. The media play a very important role in strengthening of the society disseminating information about the activities of the government, disclosing unfair facts and ensuring independent analysis. Legal trials might result in a termination of issuing of these newspapers, which might undermine the freedom of press in Tajikistan.
The OSCE member states have the commitment to ensure freedom of press by means of protection of the media from persecution and guarantees of journalists’ rights – so that they would be able to perform their important work. “We expressed our deep concern to the government of Tajikistan and urged it to guarantee that the judicial system would not be used as an instrument for persecution of the media and suppression of the freedom of speech”, — says the press release.
23 February
The Union of Journalists of Tajikistan (UJT) and the National Association of Independent Mass Media, Tajikistan (NANSMIT), Dushanbe
The Union of Journalists of Tajikistan (UJT) and the National Association of Independent Mass Media, Tajikistan expressed concern over the persecution of journalists exercising their right on freedom of expression, which contradicts the standards of the national and international law.
The joint press release disseminated by the two media organizations says that a group of unknown individuals has been haunting Mahdi Sobirov, a member of UJT for his publications. Sobirov expresses his personal opinion in his articles about the national military reform (the Dunyo weekly, #43, 22 October 2009, and the Ozodagon weekly, #43, 29 October 2009).
Another journalist, Abdulmumin Sherkhonov, correspondent of Radio Liberty received threats from the military commissioner of Vose district, Iskandar Nazarov. The incident was caused by Sherkhonov’s radio reportages and an article in the Millat weekly (#1, 7 January 2010).
Legal experts state that the journalists in both cases are persecuted for exercising their constitutional rights – freedom of speech, and the right to use information.
4 February
Persian TV, Dushanbe
Tajikistan and Iran are considering a possibility of opening a joint Persian-language TV channel.
According to the source in the Ministry of Culture, representatives of Tajikistan and Iran had a meeting on 3 February, where they discussed future relations between the countries in the areas of culture and science.
The parties decided that the new TV channel can be launched on the eve of Navruz, the ancient holiday widely celebrated in Muslim countries on 21 March.
On 10 February, the Iranian ambassador to Tajikistan, Aliasgar Sherdust told the media that the delay in the launching of the new TV is delayed mainly because of Afghanistan. The Afghan Ministry of Culture has not properly considered its share of participation in the Persian-language TV.
3. Journalists protecting their civil and professional rights
3 February
Asia Plus, Farazh, and Ozodagon, Dushanbe
Editors of three private newspapers – Asia Plus, Farazh, and Ozodagon – appealed to all media organizations and colleagues seeking moral and legal support.
The editor of Asia Plus, Marat Mamadshoev explained that the legal case initiated against the newspapers by judges of the Tajik Supreme Court and the Dushanbe City Court is related to original publications, which – according to the judges – defames their honor and dignity.
The public servants demand the amount of 5,5 million Somoni (about $1,2 million) as a moral compensation. They also require to terminate the activities of these newspapers.
12 February
All media, Dushanbe
On 12-13 February, the Institute for War and Peace Reporting (IWPR) conducted a training session in Dushanbe for human rights and public organizations on the topic “Communication, communication strategies and reporting techniques”. The seminar was held within the framework of the project “Protection of human rights and legal education through the media in Central Asia” financed by the European Union.
The main task of the training was to provide NGO employees with skills of interaction with the media and maintaining public relations. Successful implementation of the information policy is an efficient way of attracting the public attention to the problems in the area of human rights.
14 February
All media
On 5 February, the Institute for War and Peace Reporting (IWPR) jointly with NANSMIT held a round table in Dushanbe for media professionals and representatives of public organizations. The event was held within the framework of the project “Protection of human rights and legal education through the media in Central Asia” financed by the European Union.
More than 40 participants (journalists, lawyers, human rights activists, employees of international organizations and diplomats) indicated growing persecutions of journalists and the media. It is quite natural that the claims of the Tajik judges to the newspapers and the demand to terminate their activities for the period of the court hearings became a keynote of the round table “Legal support to Tajik journalists”.
The participants of the round table adopted recommendations addressed to the Tajik government.
A similar event was held on 13 February in Khujand.
II. VIOLATION OF RIGHTS IN THE MEDIA
1. Impediments to professional activities
1 February
Abdumumin Sherkhon, freelance journalist, Dushanbe
Abdumumin Sherkhon, a freelance journalist from Kulyab received a phone call from an unknown person who introduced himself as an investigator from the prosecutor’s office. The person required Sherkhon to come to the prosecutor’s general office in Dushanbe to make a statement of a witness.
Sherkhon said that he is not willing to show up there on the weekend, and asked the “investigator” to send him an official subpoena. The “law enforcement officer” said that “they will find the way to deliver the journalist to Dushanbe”.
The monitoring service tried to get the officer on the phone, but it turned out that the phone number belongs to the military prosecutor’s office.
Sherkhon says that the reason for the invitation to the military prosecutor’s office is his article published in the Millat weekly (#1, 07.01.2010), where he describes cases of hazing in the Tajik army.
22 february
Mahdi Sobirov, freelance journalist, Dushanbe
A freelance journalist Mahdi Sobirov told the NANSMIT monitoring service that he is being haunted by a group of unknown individuals – allegedly because of his publications in the Dunyo and Ozodagon weeklies, where he expresses his opinion about the Tajik military reform.
Sobirov calls the national armies in the countries of Central Asia “the army of peasants and working class” (implying that the army consists of the conscripts whose parents cannot bribe their children from the military service).
Since 1993, Sobirov served in the Tajik military; he participated in military operations and was wounded. Sobirov has a background in journalism, and after retirement in 2004 he started cooperating with the media as an expert.
“I comment events and developments as an expert and citizen expressing my own opinion, using my constitutional right”, — says Sobirov.
2. Assault upon a journalist
24 February
Tavakkal Boboev, Varzob district
Tavakkal Boboev, a journalist and an active member of the Tajik Islamic Renaissance Party was attacked by an officer from the Varzob district prosecutor’s office, Sharaf Boev – reportedly, only because the journalist had a copy of the Ozodagon weekly.
The journalist told the monitoring service that the officer forcedly took the newspaper from him; he was cursing speaking obscenities. There was an article published in Ozodagon criticizing the Varzob district authorities.
After the incident, Boboev went to a forensic lab where he received a document confirming the physical traces of the attack. He wrote a letter addressed to the prosecutor general, and he hopes that the officials will take measures against the officer.
3. Ungrounded limitation in access to information
25 February
Khosiyat Komilova, Khujand, Sughd province
Khosiyat Komilova, a correspondent of the STAN TV in Tajikistan has been visiting the office of Muzaffar Rakhimkhojaev, head of the housing registration department under the Khujand mayor’s office.
Komilova received a special permission for an interview. She has visited the office five times, but the official is absent whenever she comes.
4. Violation of the principle of transparency in legal proceeding
25 February
Millat weekly, Dushanbe
On 25 February, the Firdavsi district court in Dushanbe held a preliminary hearing on the case of the Tajik Ministry of Agriculture against the Millat weekly. The court denied access of journalists, representatives of media and international organizations to the hearings.
III. CONFLICTS. VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS
1. Protection of honor, dignity and business reputation
8 February
Asia Plus weekly, Dushanbe
Ms. Salomat Safarova applied to the Firdavsi district court requiring to file a case and demanding a moral compensation in the amount of 12 thousand Somoni (about $2,700) from the Asia Plus weekly. In her complaint, Safarova refers to the article published in the newspaper, where the name of her son is mentioned (#30, 30.09.09).
The Asia Plus correspondents Mirzobekova and Gufronov wrote about the attacks upon currency exchange offices in Dushanbe last year. In particular, they mentioned the insolent murder of a 30-year-old Manuchehr Mirzoev in September 209.
Referring to the Interior Ministry, Asia Plus told that the law enforcement agencies arrested an organized criminal group headed by Shavkat Safarov. The gang acted mainly in Dushanbe and Khujand. The Tajik Supreme Court sentenced Safarov to life in prison, and the others got from 20 to 30 years.
In her appeal Safarova (the mother of the convicted criminal) says that her son was sentenced to 25 years, and after the publication in Asia Plus she fell ill and had to spend 967 Somoni to repair her health. Safarova demands this amount and another 11 thousand Somoni as a moral compensation. Above that, she demands to cover the state duty and the honorarium for her lawyer.
Commenting on that, Marat Mamadshoev, editor of Asia Plus says that the case is poorly grounded. “The mistake was made by the source of information in the Interior Ministry, and the newspaper did not have any bad intentions”, — said Mamadshoev.
22 February
Minbari Khalk, the PDPT printing outlet, Dushanbe
Rakhmatillo Zoirov, leader of the Tajik Social-Democratic Party filed a charge against the newspaper Minbari Khalk, the printing outlet of the ruling People’s Democratic Party of Tajikistan.
On 4 February, Zoirov held a press conference where he told the media that the paper published an article containing ungrounded accusations against him.
In Dushanbe demanding a compensation in the amount of 500 thousand Somoni from Faridun Saidzoda, the author of the article.
The SDPT leader says that he is going to file a charge against another state-owned newspaper – Jumkhuriyat. “Parviz Alizoda, correspondent of that newspaper accused me of treason and discrediting relations with the Uzbek special services”.
This report is based on publications in the media and private information presented by correspondents of the NANSMIT Monitoring Network
Coordinator of the Monitoring Service
Abdufattokh Vokhidov
Project Manager
Nuriddin Karshibayev