AMBASSADOR GROSS ANSWERED QUESTIONS OF JOURNALISTS BEFORE THE COURT HEARING AGAINST LOCAL NEWSPAPERS

QUESTION: What do you think about the current lawsuits? The last time it was with Millat, and now it is with Asia Plus and other newspapers. What is your opinion about this?
AMBASSADOR GROSS: Well, as we said in our press statement, we are very concerned with freedom of press here in Tajikistan. And what we are hoping for is the court case validates the freedom of press here. It is extremely important in any country that the press has opportunity to report freely what happens, without any restrictions, threats, or punishments through judicial means or otherwise, and we are here today to observe and see what happens in court. Hopefully, the court will uphold the principle of freedom of press.
QUESTION: What if the results of the court hearings will be against the journalists? What are the next steps of the Embassy?
AMBASSADOR GROSS: We are not here to speculate what the court may or may not do. That would be inappropriate. The reason we are here is to support the principle of freedom of press and obviously, and we hope that the court upholds that principle as well.
QUESTION: Taking into account that the judicial system is not free from influence — what if the results of the hearings turn out to be against the journalists? What are the next steps of the Embassy?
AMBASSADOR GROSS: I wouldn’t want to say that until we hear what the court decides. It would be premature to talk about this before the court issues its judgment.

US Embassy in Dushanbe

Freedom of Speech in Tajikistan March 2010

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

In March 2010 the NANSMIT Monitoring Service received 19 reports. Eleven of them describe the factual situation in the media in the light of socio-legal and political environment; four 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

30 March
Kenneth Gross, the US Ambassador to Tajikistan, Dushanbe

On 30 March the ambassador extraordinary and plenipotentiary to Tajikistan, Mr. Kenneth Gross took part in a court hearing on the case of three private newspapers – Asia Plus, Farazh and Ozodagon. Mr. Gross was an observer at the hearing. Before the session, he answered questions of journalists and expressed concern about the situation in the sphere of freedom of speech in Tajikistan.

2. Factual status of the media and the freedom of speech

1 March
Radio Tiroz, Khujand, Sughd province

Radio Tiroz based in the northern city of Khujand, celebrated its tenth anniversary. The TV & Radio company Tiroz was created as a commercial enterprise with limited liabilities in July 2000. the company started broadcasting on 1 March 2000. At present, the radio station has two FM frequencies – 103,7 and 106,7.

13 March
The Pomir newspaper, GBAO

The Pamir Media new agency published the first issue of its new printing outlet – Pomir. Kurbon Alamshoev told NANSMIT that the idea of launching the newspaper implies an attempt to fill in the information vacuum in Gorno-Badakhshan Autonomous Province of Tajikistan.

16 March
Khayot newspaper, Khorog, GBAO

The Khayot newspaper is a printing outlet financed by the International organization AFEW within the framework of the project “The Pamirs against AIDS”. Khayot will be published once a month; the number of copies – 800. It will be disseminated free of charge. The newspaper will be touching upon the problems of HIV/AIDS, drug abuse, alcoholism, etc., and promoting healthy life style.

3. Journalists protecting their civil and professional rights

5 March
All media, Dushanbe

Radio Vatan and the public organization Dast Ba Dast are launching an educational project for high school students in Dushanbe.

The project funded by the government of Switzerland is targeted to forming a new socio-information culture among schoolchildren who want to acquire professional journalistic skills.

Project coordinator Nargis Kasymova told the Asia Plus news agency that this project provides students with new social and professional opportunities.

Upon the accomplishment, young journalists will create their own online newspaper, and a radio show at the Vatan radio.

9 March
Media Alliance of Tajikistan, Dushanbe

On the occasion of the Tajik national Press Day, the Media Alliance of Tajikistan held a ceremony and gave awards to the Tajik media outlets in three nominations.

The Ozodagon weekly received the award for “Protection of National Interests”. TV Simoi Mustakili Tojikiston was awarded for “Survival in Market Conditions”. And the nomination “Protection of Rights among Media Professionals” (for media unions) was cancelled – since none of the existing media organizations has proven such abilities.

18 March
Center for Journalistic Investigations, Kulyab, Khatlon province

Rakhmatali Nazriev, representative of a newly established Center for Journalistic Investigations in the southern Tajik city of Kulyab told NANSMIT that logistical preparations are accomplished and the Center is ready for functioning.

The Center intends to attract journalists in Khatlon province for cooperation.

21 March
All media, Kurgan-Tube, Khatlon province

On 19-20 March, the representation of the Institute for War and Peace Reporting (IWPR) held a training course for human rights organizations on the topic “Communication, communication strategies, and reporting techniques”. The training was organized within the framework of the project “Protection of human rights and media education in Central Asia” financed by the European Union.

This seminar was the second in the series of training sessions for Tajik human right NGOs. The first one was held in Dushanbe on 12-13 February. It is also planned to conduct the next session in April in the northern city of Khujand, Sughd province.

II. VIOLATION OF RIGHTS IN THE MEDIA

1. Violation of legal procedures

30 March
Newspapers Asia Plus, Farazh, and Ozodagon, Dushanbe

The first hearings on the case of three private newspapers – Asia Plus, Farazh, and Ozodagon took place in the Sino district court in Dushanbe.

Marat Mamadshoev, editor of the Asia Plus weekly told NANSMIT that representatives of the newspapers did not receive any official notifications about the hearing in court.

It should be noted that at the preliminary hearings in February, two judges of the Tajik Supreme Court – Nur Nurov and Ulugbek Makhmadshoev, and the judge of the Dushanbe city court Fakhriddin Dodometov — confirmed their claims and rejected proposals about reconciliation. The defendants – Asia Plus, Ozodagon, and Farazh – and the attorney Solejon Juraev stated that they do not admit the guilt.

2. Violation of the principle of publicity of court proceedings

11 March
All media, Dushanbe

Dilorom Abdurakhimova, the judge of the Firdavsi district court in Dushanbe barred journalists attending the hearing on the legal action by the Ministry of Agriculture against the Millat weekly. The hearing was held behind closed doors despite the parties’ declaration that they have no objections against the media presence in court. Represenatives of international organizations, the diplomatic corpus, human rights watchdogs and the media came to support the newspaper, but only representatives of the parties were allowed to stay.

Shortly after the beginning, the hearing was stopped and postponed until late March. According to Junaid Ibodov, the attorney representing the Millat weekly, the judge urged the parties to find a compromise.

3. Ungrounded limitations in access to information

17 March
Paikon newspaper, Dushanbe

Many officials, being criticized by the media, ignore such publications. At the same time, they keep creating impediments for journalists. The newspaper Paikon (#11, 17.03.2010) published a list of “debtors” – representatives of executive government bodies, who did not respond to publications, where their agencies were criticized.

Applying to these agencies, Paikon stressed that according to the Media Law, officials have the right to respond or to publicly refute the information. Moreover, there is a presidential decree “On response to criticism and analytical publications” obliging public officials to respond and take relevant measures.

III. CONFLICTS. VIOLATIONS INCRIMINATED TO THE MEDIA AND JOURNALISTS

1. Protection of honor, dignity and business reputation

10 March
Paikon newspaper, Dushanbe

Chief physician from the Faizabad district hospital, Asadullo Rasulov stated that the article published in the Paikon weekly “The National Security Committee is also aware…” (#10, 10.03.2010) is slanderous and defames his business reputation.

Rasulov was accused of mismanagement, embezzlement and improper use of public funds allocated for maintenance of the hospital he runs.

11 March
Millat newspaper, Dushanbe

The court hearing on the legal case initiated by the Ministry of Justice against the Millat weekly, was postponed until 29 March at the request of Junaidullo Ibodov, the newspaper’s lawyer.

According to the Paikon weekly, the trial was postponed at the request of the judge who called the parties to finding a compromise. This was also confirmed by a representative of the Agriculture Ministry who told NANSMIT that his agency is likely to consider such an option.

Later, NANSMIT was informed that the trial is postponed until 11 April, since the founder of the newspaper, Adolati Mirzo is in a business trip.

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

Kazakh Journalists Call For Clarity On Internet Law

Kazakh journalists are urging authorities to explain their criteria for defining «destructive» websites, RFE/RL’s Kazakh Service reports.

Tamara Kaleeva, chairwoman of the Almaty-based media monitoring organization Adil Soz (Just Word), said at a press conference today that several organizations uniting Kazakh journalists — including the Union of Journalists of Kazakhstan — made the call in an open letter to the government.

In August, the Kazakh government approved a controversial law that recognizes all websites as media outlets.

In conjunction with the law, a recently established government office announced that it had begun to identify websites in the country that are deemed to contain «destructive» material.

Kaleeva said the owners, moderators, and editors of online news portals in the country have no idea what criteria the new office will use to identify such content.

She said that lack of clarity poses a threat to freedom of speech as «the lack of free dialogue and transparency could lead to lawless actions by state organs.»

http://www.rferl.org/content/Kazakh_Journalists_Call_For_Clarity_On_Internet_Law/1997113.html

Tajik entrepreneurs are concerned about Uzbekistan’s sabotage

According to the Tajik State news agency “Khovar”, business associations of Tajikistan held a meeting in Dushanbe on 26 March, where they adopted a joint appeal to international organization accredited in the country. The appeal concerns the actions of the neighboring Uzbekistan, entailing huge economic losses for Tajikistan.

The Tajik entrepreneurs voiced concerns about the “neutral stance” of the international organizations, who have chosen the role of “impartial observers” in this situation, when one country [Uzbekistan] violates the international law, and the other country bears losses.

The meeting was organized at the OSCE Bureau’s premises in Dushanbe; it was hosted by the Tajik State Investments and Property Management Committee under the government and attended by representatives of foreign development agencies – GTZ (German Technical Assistance), USAID and IFC.

http://www.khovar.tj/index.php?option=com_content&task=view&id=19689

Rights Group Urges Tajikistan Not To Deport Kyrgyz Activist

The international rights group Human Rights Watch is urging Tajik authorities not to deport a detained Kyrgyz human rights activist to Kyrgyzstan.

Nematullo Botakoziev sought political asylum in Tajikistan after Kyrgyz authorities accused him of organizing mass protests in 2008 and issued a warrant for his arrest.

For the last few weeks he has been held in custody in Dushanbe.

In a statement, Human Rights Watch called on Tajik authorities to grant Botakoziev access to his lawyer and investigate allegations that his detention was arbitrary.

Andrea Berg, Central Asia researcher for Human Rights Watch, told RFE/RL’s Tajik Service she was concerned about Botakoziev’s health, as he had suffered heart attacks in the past.

«We’re asking the Tajik authorities to grant his lawyers access and the UNHCR access to him, and we’re urging them to release him because today marks one month since he’s been detained and kept in isolation and the one-month [maximum] detention period expires today,» Berg said.

Tajikistan’s ombudsman, Zarif Alizoda, said the recent Norouz holiday had resulted in a delay in the investigation into Botakoziev’s case.

http://www.rferl.org/content/Rights_Group_Urges_Tajikistan_Not_To_Deport_Kyrgyz_Activist/1994826.htm

Kyrgyz Politician ‘Attacks Newspaper Office, Destroys Computers’

BISHKEK — An independent Kyrgyz newspaper today said the leader of a progovernment party came to its offices and damaged some equipment, RFE/RL’s Kyrgyz Service reports.

Aslanbek Sartbaev, the chief editor of the newspaper «Uchur,» told RFE/RL that Nurlan Motuev — the controversial leader of the Joomart (Generous) movement — forced his way into the newspaper’s offices in Bishkek and smashed four computers.

Motuev confirmed to RFE/RL that he was in the newspaper’s offices, but claimed he destroyed only two computers. He said he destroyed the computers because the newspaper has been insulting and libeling him for a long time.

«I do not believe in the local courts, they never make a right and fair decision, and so I decided to stop the lies about me in this way,» Motuev said.

He added that one newspaper libeled him in the past but the court needlessly prolonged the hearings and ultimately dropped the case.

Bishkek police have launched an investigation into the incident.

http://www.rferl.org/content/Kyrgyz_Politician_Attacks_Newspaper_Office_Destroys_Computers/1993918.h

Kyrgyz Independent Journalists To Create Union

The chief editors of independent Kyrgyz media outlets gathered in Bishkek today to discuss the establishment of a union to protect their rights, RFE/RL’s Kyrgyz Service reports.

Participants at the meeting discussed the problems the independent mass media is facing in Kyrgyzstan. They include the blocking of several independent news websites, the suspension of the broadcasting of RFE/RL’s Kyrgyz radio and TV programs, the closure of several independent newspapers, and physical attacks against journalists.

The media chiefs said the union is needed to protect their rights in the event that official pressure and harassment against them continues.

Meeting organizers told RFE/RL that government officials were invited to participate in the discussion but did not attend.

http://www.rferl.org/content/Kyrgyz_Independent_Journalists_To_Create_Union/1993748.html

KYRGYZSTAN: MEDIA HARASSMENT ENGENDERING EXPANDED SELF-CENSORSHIP

New pressure on news outlets in Kyrgyzstan is intimidating independent-minded journalists, media rights activists say.

The troubles began on March 10 when several news websites focusing on Central Asia became unavailable. All had reported critically on alleged connections between businessman Eugene Gourevitch and President Kurmanbek Bakiyev’s son Maxim, a top official at the Central Agency for Development, Investment and Innovation. Gourevitch is wanted in Italy for financial crimes.
For over a week, the news website Ferghana.ru, the website of the Belyi Parus newspaper («White Sail»), along with opposition members’ blogs, were unavailable. Broadcasts of Radio Liberty’s Kyrgyz service and the BBC’s Kyrgyz service have also been interrupted. Prime Minister Daniyar Usenov claimed to be unaware of the troubles.
The pressure appears to have emboldened the opposition. At a demonstration on March 17, the United People’s Movement, an umbrella organization, nominated widely respected former foreign minister Roza Otunbaeva to be its leader, and called for Maxim Bakiyev to step down from the development agency position.
The night before, on March 16, authorities had seized all 7,000 copies of the Kyrgyz-language opposition newspaper «Forum» at the printing facility, and detained six members of the paper’s editorial team for questioning.
Independent bloggers have complained to EurasiaNet of increasing harassment from authorities.
For the first time, authorities are seeking out and pressuring Kyrgyz-language media outlets, says Dinara Oshurahunova, head of the coalition for democracy and civil society. Previously only Russian-language outlets faced such harassment.
«The Kyrgyz language media was not so persecuted before because its criticism [used metaphorical] tales and other style of writing,» she told EurasiaNet.org. «It was not so sensitive. And now, all of the independent media that write and publish about recent scandals, about the opposition protests ? about the increase of [energy] tariffs are being closed down.»
Oshurahunova predicted the crackdown would backfire. «Kyrgyzstan is going to have more dissatisfaction; day by day it will grow. If those in power think that by blocking websites and [seizing] newspapers, nobody will know anything, they are mistaken. People talk and will tell each other,» she added.
The recent troubles follow increasing violence against journalists associated with opposition papers. Last year, at least two Kyrgyz journalists were killed and nine others attacked.
Ferghana.ru reports that since the blockings began, the «majority of local news agencies» have stepped up self-censorship.
«Press freedom violations seem to be increasing in frequency and intensity,» media watchdog Reporters Without Borders noted in a March 17 statement. «By harassing independent and opposition media and allowing those responsible for physical attacks on journalists to go unpunished, the authorities are assuming a decisive share of the blame for the extremely worrying deterioration in the situation.»
The OSCE, Freedom House, and, unusually, the Russian Embassy in Bishkek have also reportedly asked the Kyrgyz foreign ministry to lift pressure on the press.
Posted March 22, 2010 © Eurasianet
http://www.eurasianet.org

EurasiaNet

Источник: http://eurasianet.org/departments/civilsociety/articles/eav032210.shtml

Kazakh Journalist Beaten While Filming Report

A cameraman for a privately owned Kazakh television channel is reported to have been severely beaten while filming a report in Almaty, RFE/RL’s Kazakh Service reports.

An Almaty-based media watchdog said Abzal Aghaliev of Tan television was assaulted while filming a fire at a meat-packing factory on March 18.

The watchdog, Adil Soz (A Just Word), said today that Aghaliev was assaulted by Qadyrzhan Mazhinov, executive director of the Nuralem company that owns the factory.

The group also alleged that Mazhinov smashed Aghaliev’s video camera.

Mazhinov has not commented so far on the allegations.

Police have opened an investigation.

Tan television broadcasts primarily news and entertainment programs.

http://www.rferl.org/content/Kazakh_Journalist_Beaten_While_Filming_Report/1988416.html

Bishkek Court Suspends Publication Of Two Independent Newspapers

A court in Bishkek has ordered two independent newspapers to suspend publication for the duration of court proceedings against them.

Babyrbek Jeenbekov, the owner of the newspapers «Nazar» (View) and «Achyk Sayasat» (Open Politics), told RFE/RL he was summoned on March 17 to the Prosecutor-General’s Office and informed that a case for libel will be opened against the two publications.

He also said he has received from Bishkek’s Birinchi May district court written notification of the suspension of publications.

The papers had published an appeal by Jeenbekov’s son Ravshan, an opposition activist in self-imposed exile in the United States. The appeal was addressed to participants in the People’s Congress organized by the opposition on March 17.

Ravshan Jeenbekov accused Kyrgyz President Kurmanbek Bakiev of issuing orders to police in 2002 to open fire on peaceful protesters in Aksy district. He also implicated members of Bakiev’s family in corruption.

The Kyrgyz Prosecutor-General’s Office has qualified the appeal as mendacious and insulting to Bakiev.

http://www.rferl.org/content/Bishkek_Court_Suspends_Publication_Of_Two_Independent_Newspapers_/19877